REPUBLIC OF SOUTH AFRICA District Municipality Logo DISTRICT MUNICIPALITY NAME ……. TENDER No …….. DUE AT …………. ON ………………………. Programme Implementing Agent (Improved BoTT) for the Community Water Supply And Sanitation Capital Programme in [DISTRICT MUNICIPALITY NAME] SUBMIT TENDER DOCUMENTS TO TENDERER COMPILED BY: Generic Documentation prepared by DIRECTORATE: PROJECT DEVELOPMENT SUPPORT DEPARTMENT OF WATER AFFAIRS AND FORESTRY PRIVATE BAG X313 PRETORIA, 0001 REPUBLIC OF SOUTH AFRICA District Municipality Document prepared by Documentation Prepared for DISTRICT MUNICIPALITY(S) DETAILS REPUBLIC OF SOUTH AFRICA DISTRICT MUNICIPALITY NAME ……. District Municipality Logo INVITATION TO SUBMIT TENDER for the Programme Implementing Agent (Improved BoTT) The ___________________ District Municipality hereby calls for proposals from suitably qualified tenderers to undertake work as a Programme Implementing Agent for the Community Water Supply and Sanitation Capital Programme (CWSSCP) for _____________________. This tender is for the provision of planning, design, construction, operations and maintenance of water services as well as such institutional and social development as may be required, following a prescribed business planning process. It focuses on the process of sustainable infrastructure development to address backlogs in the water services sector. The document has the FIDIC Conditions of Contract for Plant and Design – Build for Electrical and Mechanical Plant and for Building and Engineering Works, Designed by the Contractor, First Edition 1999 (The Yellow Book), as a basis and will be under the jurisdiction of the District Municipality. The envisaged Works have three main parts: Infrastructure Development, comprising: Business Planning Design Construction Sustainability, comprising: Operations and Maintenance Institution and Social Development Sanitation, comprising: Basic Hygiene and Health Training Provision of Sustainable Sanitation Systems The Employer’s Requirements in the separate parts will provide details of the Works. A compulsory site inspection will be held in ______________________ at ____________ on ______________ 200___. Interested parties may obtain a complete set of Tender Documents upon payment of R200,00 from the ______________________. The tender documents will be available from the day the invitation for tenders is placed. Tenders must be submitted to the __________________ or deposited in the Tender box in the __________________ not later than _________ on _______________ Improved BoTT: Version 1: June 2001 TABLE OF CONTENTS VOLUME 1: GENERAL REQUIREMENTS (i) NOTICE TO TENDERERS ............................................... i (1) PART A: FORM OF CONTRACT AGREEMENT ........................... A (1) PART B: CONDITIONS OF CONTRACT ....................................... B (1) PART C: APPENDIX TO TENDER ................................................ C (1) PART D: EMPLOYER’S REQUIREMENTS ................................... D (1) PART E: GENERAL SPECIFICATIONS AND PRELIMINARY AND GENERAL ITEMS .......................................... E (1) VOLUME 2: INFRASTRUCTURE DEVELOPMENT PART 1: BUSINESS PLANNING AND DESIGN ........................... 1 (1) PART 2: CONSTRUCTION ........................................................... 2 (1) PART 3: DRAWINGS .................................................................... 3 (1) VOLUME 3: SUSTAINABILITY PART 1: OPERATIONS AND MAINTENANCE ............................. 1 (1) PART 2: INSTITUTIONAL AND SOCIAL DEVELOPMENT .... 2 (1) VOLUME 4: SANITATION ................................................................................... iv (1) VOLUME 5: PROPOSAL AND TENDER FORMS PART 1: PROPOSAL .................................................................... 1 (1) PART 2: TENDER FORMS ........................................................... 2 (1) PART 3: SCHEDULE OF QUANTITIES ........................................ 3 (1) PART 4: CORRESPONDENCE .................................................... 4 (1) Improved BoTT: Version 1: June 2001 REPUBLIC OF SOUTH AFRICA DISTRICT MUNICIPALITY NAME ……. District Municipality Logo IMPROVED BOTT Volume 1 General Requirements Improved BoTT: Version 1: June 2001 Volume Part 1 i 2 A 3 B 4 C 5 D 6 E Page (i) General TABLE OF CONTENTS PAGE(S) (i) NOTICE TO TENDERS .................................................................................................. i (1) PART A: FORM OF CONTRACT AGREEMENT ........................................................................ A (1) PART B: CONDITIONS OF CONTRACT .................................................................................... B (1) PART C: APPENDIX TO TENDER .............................................................................................. C (1) PART D: EMPLOYER’S REQUIREMENTS ................................................................................. D (1) PART E: GENERAL SPECIFICATIONS AND PRELIMINARY AND GENERAL ITEMS ............. E (1) 106762682 / 7/6/01 Improved BoTT: Version 1:June 2001 REPUBLIC OF SOUTH AFRICA DISTRICT MUNICIPALITY NAME ……. District Municipality Logo IMPROVED BOTT Volume 1 General Requirements Notice to Tenderers Volume Part 1 i 2 A 3 B 4 C 5 D 6 E Notice to Tenderers TABLE OF CONTENTS PAGE(S) 1. GENERAL NOTES .................................................................................................................... 1 1.1 Basic Information ....................................................................................................................... 1 1.2 Tenderers to Comply with Documents ...................................................................................... 2 1.3 Timetable ................................................................................................................................... 2 1.4 Process ...................................................................................................................................... 2 2. CONDITIONS OF TENDER ...................................................................................................... 4 2.1 DM Tender Board Conditions And Procedures ......................................................................... 4 2.2 Document to be completed and returned .................................................................................. 4 2.3 Item Rates and Forms ............................................................................................................... 4 2.4 Authority For Signatory .............................................................................................................. 4 2.5 Joint Venture or Consortium Agreement ................................................................................... 4 2.6 HDI and HDC Involvement ........................................................................................................ 5 2.7 Tax Certificate ........................................................................................................................... 5 2.8 Acceptance or Rejection ............................................................................................................ 5 2.9 Sub-Contractors ........................................................................................................................ 5 2.10 Electronic Transmission of Tenders .......................................................................................... 5 2.11 Costs Incurred by Tenderer ....................................................................................................... 5 2.12 Results of Tenders .................................................................................................................... 5 2.13 Alternative Tenders.................................................................................................................... 5 3. DOCUMENT STRUCTURE....................................................................................................... 6 4. PROPOSAL TO BE SUBMITTED WITH TENDER ................................................................... 6 106762682 / 7/6/01 Improved BoTT: Version 1: June 2001 Volume Part 1 i 2 A 3 B 4 C 5 D 1. GENERAL NOTES 1.1 Basic Information 6 E Page i (1) Notice to Tenderers Tenderers shall note the following general points: (a) This document, comprising Volumes 1 to 5 inclusive, sets out the tender requirements and framework for the appointment of a Programme Implementing Agent (PIA) in the [……….………………………………….…… District Municipality (DM)] to support the […………………………………………………………………………………. Programme]. (b) Tenderers shall note that it is the intention of this tender to obtain competitive bids for the provision of a PIA to the DM on the basis of the tenderer’s experience, workplan, staff, price and proposal. (c) This document will form the basis of the Contract entered into between the DM and the successful tenderer. (d) Tender documents will be issued according to the following details: Issuing Authority Date of Issue Place of Issue Tender Period 6 weeks and shall be posted in time to ensure delivery before the closing time for tenders to: Tender Submitted to: [Insert name of DM] Closing Time and Date: Street Address: Postal Address: The tenderer has the sole responsibility for ensuring that the tender documents are received before tender closing time. Late tenders will not be considered. (e) The successful tenderer will be required to enter into a Contract Agreement which is included in the tender document. (f) Inquiries during the tender period to be addressed to: Attention: Tel.: Fax.: It should be noted that only written clarifications and addenda issued during the tender period by the DM will be valid. (g) This Tender shall remain valid for 120 calendar days from the date of tender closing. Should the tender validity expire on a Saturday, Sunday or public holiday, the tender Improved BoTT: Version 1: June 2001 Volume Part 2 A 1 i 3 B 4 C 5 D 6 E Page i (2) Notice to Tenderers shall remain valid and open for acceptance until the close of business on the following working day. 1.2 (h) The pages in each of the volumes of these tender documents are numbered. Tenderers must satisfy themselves that their documents are complete. Should any pages in this document be missing or indistinct then the Tenderer must advise the DM immediately and request the missing pages. (i) Should the Tenderer note any obvious errors or omissions, the DM should be notified immediately in order to have the discrepancy rectified before tender closing. Tenderers to Comply with Documents Tenderers must allow in their Tenders for all labour, materials, machinery and everything necessary for the execution and completion of the Contract in accordance with the tender documents. 1.3 Timetable The following is a brief listing of the timetable relevant to this tender. Number 1.4 Event 1. Tender Advertisement 2. Tender Issue 3. Compulsory Site Inspection 4. Tender Closure 5. Tender Award (Approximate Date) Date Process The process that has given rise to this tender enquiry and that will be followed until tender award, is illustrated below. Improved BoTT: Version 1: June 2001 Volume Part 1 i DM = District Municipality 2 A 3 B 4 C 5 D 6 E Page i (3) Notice to Tenderers FIGURE 1 TENDER ENQUIRY PROCESS DM assisted by DWAF region through Regional TAC Procurement and Appointment of DM Engineer DM Engineer prepares DM specific Tender document – estimates quantities for works to equal budget with projects using generic documents and WSDPs Budget Info. flow + WSDPs Approval of Document by DM Tender Advert for PIA Contract Issue of Tender Documents Site Inspection Session Tender Closure and Evaluation PIA Tender Award Improved BoTT: Version 1: June 2001 Volume Part 1 i 2 A 3 B 4 C 5 D 6 E 2. CONDITIONS OF TENDER 2.1 DM Tender Board Conditions And Procedures Page i (4) Notice to Tenderers The relevant conditions and procedures of DM will apply and the DM must insert the relevant conditions and procedures here. 2.2 2.3 2.4 Document to be completed and returned The Tenderer is required to complete all the forms and schedules included in Volume 5 and to prepare the proposal as required in Volume 5 and to return these with the tender. Failure to do so may invalidate the tender. The Tenderer is required to price in full the Schedules of Quantities, Fees and Tariffs included in Volume 5 of this document. The original and two copies of Volume 5 shall be submitted. The Tenderer is required to provide all the supporting information requested in the document with the tender. The adjudication will take into account all aspects and not just the rates submitted and failure to provide full and detailed information could affect this adjudication. Item Rates and Forms All Item Rates quoted shall be in South African currency and are to exclude Value Added Tax. The tender must be signed and witnessed on the Letter to Tender annexed hereto with all blanks in the tender and appendix filled in. All spaces in the Tender forms and other annexures shall be completed in full. The Schedule of Quantities must be fully priced and items may not be grouped into a single rate. The District Municipality reserves the right to renegotiate, prior to award, any rates in the Schedules of Quantities, Fees and Tariffs which are, in the opinion of the DM, unreasonable or out of proportion. Authority For Signatory 2.5 A certified copy of the Company Board Resolution or of the resolution of the Consortium Members must be submitted with the tender. This resolution shall authorize the person who signs this tender, as well as any Contract resulting from this tender and any other documents and correspondence in connection with this tender and/or Contract requiring such signature, to do so on behalf of the company or consortium. Joint Venture or Consortium Agreement If the Tender is submitted by a joint venture or consortium of more than one person(s) and/or companies and/or firms, it shall be accompanied by the original, or a certified copy of the agreement or other document, under which such joint venture or consortium will be constituted, which must define precisely inter alia the conditions Improved BoTT: Version 1: June 2001 Volume Part 1 i 2 A 3 B 4 C 5 D 6 E Page i (5) Notice to Tenderers under which the joint venture or consortium will function, its period of duration and the participation of the several constituent persons and/or companies and/or firms; 2.6 HDI and HDC Involvement Tenderers shall note that it is requirement of this tender that all offers shall include the involvement of Historically Disadvantaged Individuals (HDIs) and Historically Disadvantaged Companies (HDCs), as outlined in the Employer’s Requirements. 2.7 Tax Certificate An original or certified copy of a valid tax clearance certificate issued by SARS must be submitted. 2.8 Acceptance or Rejection Tenders may be rejected if they show any departure from the conditions or specifications contained in the tender documents or are incomplete in any way. The District Municipality does not bind itself to accept the lowest or any tender and reserves the right to accept any tender it may deem expedient, nor will it assign any reason for the acceptance or rejection of any tender. 2.9 Sub-Contractors Tenderers must submit with their Tenders the names and addresses of the Sub-Contractors which they propose to employ and the section of the works on which they would be employed. 2.10 Electronic Transmission of Tenders Telegraphic, faxed or e-mailed tenders will not be considered. 2.11 Costs Incurred by Tenderer The District Municipality will not be responsible for any expenses which may be incurred by any tenderer in the preparation and submission of the tender or visiting the site in connection therewith. 2.12 Results of Tenders Notice of acceptance or non-acceptance of tenders will be sent to all tenderers. 2.13 Alternative Tenders A Tenderer who has duly submitted an offer, which in all respects complies with the specification, may, at his own initiative, also submit an alternative offer at the same time or any time prior to the closing time of tenders. Any deviation from specification or alternative condition of tender must be clearly stated. Any saving or additional expenditure for the DM brought about by each deviation or alternative proposal must be quantified in the tender documents. Should the Tenderer wish to offer any alternatives, he shall include with his tender a complete schedule of rates, preliminary technical proposals, organizational development details, etc. and all other documents required in terms of this tender enquiry as well as all other relevant details pertaining to such alternative(s). Improved BoTT: Version 1: June 2001 Volume Part 3. 1 i 2 A 3 B 4 C 5 D 6 E Page i (6) Notice to Tenderers Failure to comply with this clause may disqualify the alternative offered from further consideration. DOCUMENT STRUCTURE This tender document consists of the volumes as follows: Volume Description 1 General Requirements 2 Infrastructure Development 3 Sustainability 4 Sanitation 5 Proposal and Tender forms The volumes of this document form a single contractual document and must be read as one. The document has been divided into separate volumes for convenience only and all clauses are mutually applicable. Where a conflict occurs in the information, the order of precedence as described in the conditions of the contract shall apply. 4. PROPOSAL TO BE SUBMITTED WITH TENDER It is a tender requirement that tenderers compile a proposal as part of Volume 5. This proposal shall contain all necessary information as requested in the various Parts of the Employer’s Requirements. Improved BoTT: Version 1: June 2001 Volume Part 1 i 2 A 3 B 4 C 5 D 6 E Page i (7) Notice to Tenderers PROGRAMME IMPLEMENTING AGENT (Improved BoTT) TENDER DOCUMENT VOLUME 1 VOLUME 2 GENERAL REQUIREMENTS Part Description (i) A B Notice to Tenderers Form of Contract Agreement Conditions of Contract Part 1: General Part 2: Particular Appendix to Tender Employer’s Requirements General Specifications and Preliminary & General Items C D E INFRASTRUCTURE DEVELOPMENT Part 1 Business Planning and Design Part 2 Construction Part 3 Typical Drawings VOLUME 4 SANITATION VOLUME 3 VOLUME 5 SUSTAINABILITY PROPOSAL AND TENDER FORMS Part 1 Operations & Maintenance Part 1 Tender Forms and Schedules Part 2 Institutional & Social Development Part 2 Proposal Part 3 Schedule of Quantities Part 4 Correspondence ---- END OF SECTION ---- Improved BoTT: Version 1: June 2001 REPUBLIC OF SOUTH AFRICA DISTRICT MUNICIPALITY NAME ……. District Municipality Logo IMPROVED BOTT Volume 1 Part A Form of Contract Agreement Improved BoTT: Version 1: June 2001 Contract Volume Part 5. 1 i 2 A 3 B 4 C 5 D 6 E Page A (1) Form of Contract Agreement CONTRACT AGREEMENT This Agreement is made this _______ day of ___________________ 20 ____ between __________________ of _________ (hereinafter called “the Employer”) of the one part, and __________________ of _________ (hereinafter called “the Contractor” of the other part. WHEREAS the Employer desires that the Works known as _________________________________ should be executed by the Contractor, and has accepted a Tender by the Contractor for the execution and completion of these Works and the remedying of any defects therein. The Employer and the Contractor agree as follows: 1. In this Agreement words and expressions shall have the same meaning as are respectively assigned to them in the Conditions of Contract hereinafter referred to. 2. The following documents shall be deemed to form and be read and construed as part of this Agreement: (a) The Letter of Acceptance ________________________ (b) The Letter of Tender dated ________________________ (c) The Addenda Nos. ________________________ (d) The following Contract Documents: VOLUME 1: GENERAL: NOTICE TO TENDERERS PART A: FORM OF CONTRACT AGREEMENT PART B: CONDITIONS OF CONTRACT PART C: APPENDIX TO TENDER PART D: EMPLOYER’S REQUIREMENTS PART E: GENERAL SPECIFICATIONS AND PRELIMINARY AND GENERAL ITEMS VOLUME 2: INFRASTRUCTURE DEVELOPMENT: PART 1: BUSINESS PLANNING AND DESIGN PART 2: CONSTRUCTION PART 3: DRAWINGS VOLUME 3: SUSTAINABILITY: PART 1: OPERATIONS AND MAINTENANCE PART 2: INSTITUTIONAL AND SOCIAL DEVELOPMENT VOLUME 4: SANITATION Improved BoTT: Version 1: June 2001 Contract Volume Part 1 i 2 A 3 B 4 C VOLUME 5: 5 D 6 E Page A (2) Form of Contract Agreement PROPOSAL AND TENDER FORMS: PART 1: PROPOSAL PART 2: TENDER FORMS PART 3: SCHEDULE OF QUANTITIES PART 4: CORRESPONDENCE 3. In consideration of the payments to be made by the Employer to the Contractor as hereinafter mentioned, the Contractor hereby agrees with the Employer to design, execute and complete the Works and append to maintain and operate the Works and remedy any defects therein, in conformity with the provisions of the Contract. 4. The Employer hereby agrees to pay the Contractor, in consideration of the execution and completion of the Works and the remedying of defects therein, the Contract Price at the times and in the manner prescribed by the Contract. IN WITNESS whereof the parties hereto have caused this Agreement to be executed the day and year first before written in accordance with their respective laws. SIGNED by: _____________________________ SIGNED by: ____________________ for and on behalf of the Employer For and on behalf of the Contractor In the presence of in the presence of Witness: _________________________ Witness: ______________________ Name: _________________________ Name: ______________________ Address: _________________________ Address: ______________________ Date: _________________________ Date: ______________________ ---- END OF SECTION ---- Improved BoTT: Version 1: June 2001 REPUBLIC OF SOUTH AFRICA DISTRICT MUNICIPALITY NAME ……. District Municipality Logo IMPROVED BOTT Volume 1 Part B Conditions of Contract Volume Part 1 i 2 A 3 B 4 C 5 D 6 E Page B (i) Conditions of Contract TABLE OF CONTENTS PAGE(S) SECTION 1: GENERAL CONDITIONS OF CONTRACT.................................................................... B 1 SECTION 2: PARTICULAR CONDITIONS OF CONTRACT .............................................................. B 2 106762682 / 7/6/01 Improved BoTT Version 1: June 2001 Volume Part 1 i 2 A 3 B 4 C 5 D 6 E Page B (1) Conditions of Contract SECTION 1: GENERAL CONDITIONS OF CONTRACT The FIDIC Conditions of Contract for Plant and Design-Build for Electrical and Mechanical Plant and for Building and Engineering Works, designed by the Contractor, First Edition 1999 (FIDIC Contract Conditions)1, apply to the Works of this Contract. All clauses of these FIDIC Contract Conditions shall apply unaltered except where replaced in Section 2: Particular Conditions of Contract. 1 This contract document may be obtained from FIDIC which may be contacted at the following web address: http://www.fidic.org; e-mail address: fidic@pobox.com Improved BoTT: Version 1: June 2001 Volume Part 1 i 2 A 3 B 4 C 5 D 6 E Page B (2) Conditions of Contract SECTION 2: PARTICULAR CONDITIONS OF CONTRACT The following Particular Conditions of Contract refer to the provisions of the General Conditions of Contract specified in Section 1 of this Contract. Clause Description 1. General Provisions 1.1 Definitions Add the following definitions: “Accepted Section Amount” shall mean the agreed lump sum for the execution of the Section of the Works under consideration as stated in the Section 8.1A notice. “Business Plan” shall mean a Section of the Works, which is prepared in terms of Volume 2 Part 1. “Project” means a sub-set of the Works comprising a number of Sections. “PEP” shall mean a concise document which sets down the requirements noted in Volume 2 Part 1. “Section 8.1A Notice” shall mean the notice described in terms of Section 8.1A. Replace the following definitions in the General Conditions of Contract: 1.1.2.3 “Contractor” means the person(s) named as the Programme Implementing Agent in the Letter of Tender accepted by the Employer and the legal successors in title to this person(s). 1.2 Interpretation At the end of sub-clause 1.2 insert: “In these Conditions, provisions including the expression “Cost plus reasonable profit” requires this profit to be ten per cent (10%) of this Cost”. 4. The Contractor At the end of the second paragraph of Sub-Clause 4.2 Performance Security, insert: “If the Performance Security is in the form of a bank guarantee, it shall be issued by a bank registered in South Africa. If the Performance Security is not in the form of a bank guarantee, it shall be furnished by a financial entity registered, or licensed to do business, in South Africa”. At the end of sub-paragraph (b) of Sub-Clause 4.4 Sub-Contractors insert: “Prior consent shall not be required if the value of the subcontract is less than two percent (2%) of the Accepted Contract Amount”. 4.1 Contractor’s General Obligations Add after the first paragraph of this clause: “The Works shall consist of a number of Projects as well as a number of individual Sections.” Add the following words in the second paragraph after the word “execution” – “including operation and maintenance” Improved BoTT: Version 1: June 2001 Volume Part 1 i 2 A 3 B 4 C 5 D 6 E Clause Page B (3) Conditions of Contract Description 8. Commencement, Delays and Suspension 8.1 Commencement of Work Replace the word “42 days” with “28 days” in this Clause. Insert the following clause: 8.1A Commencement of each Section of the Works “The Employer shall issue a notice to the Contractor instructing him to commence activities for each Section of the Works. Such notice shall include the Time for Completion (SubClause 1.1.3.3), Accepted Section Amount, and reference to the numbered Business Plan for all Sections except for Volume 2 Part 1 where the document shall be a PEP. 10. Employer’s taking over Add the following paragraph at the end of Clause 10.1. 10.1A “Where the Contractor’s obligations in a Section consist of the production of a report for the Employer’s approval, the taking over of such a Section shall consist of the Employer’s written acceptance of the report.” 14. Contract Price and Payment 14.1 Contract Price Replace sub-paragraph (a) with the following: (a) The Contract Price shall be the Sum of the Accepted Section Amounts, which shall be contained in the Section 8.1A Notices issued, plus the Preliminary and General items stated in the Schedule to Volume 1 Part E. Insert the following sub-clause: 14.1A “The Engineer shall agree or determine the value of those parts of the Works which are to be measured, in accordance with Sub-Clause 3.5. Measurement shall be made of the net actual quantities of those parts, notwithstanding local practice. Whenever the Engineer requires any part of the Works to be measured, reasonable notice shall be given to the Contractor’s Representative, who shall: (a) promptly either attend or send another qualified representative to assist the Engineer in making the measurement, and (b) supply any particulars requested by the Engineer. If the Contractor fails to attend or send a representative, the measurement made by (or on behalf of) the Engineer shall be accepted as accurate. Except as otherwise stated in the Contract, whenever any Permanent Works are to be measured by records, they shall be prepared by the Engineer. The Contractor shall, as and when requested, attend to examine and agree the records with the Engineer, and shall sign the same when agreed. If the Contractor does not attend to examine and agree these records, they shall be accepted as accurate. If the Contractor examines and disagrees the records, and/or does not sign them as agreed, then the Contractor shall notify the Engineer of the respects in which the records are asserted to be inaccurate. After receiving this notice, the Engineer shall review the records and either confirm or vary them. If the Contractor does not so notify the Engineer within 14 days after being requested to examine the records, they shall be accepted as accurate”. Improved BoTT: Version 1: June 2001 Volume Part 1 i 2 A 3 B 4 C 5 D 6 E Page B (4) Conditions of Contract Clause 17. Description Risk and Responsibility Sub-clause 17.6 Limitation of Liability In Sub-Clause 17.6, the sum referred to in the penultimate sentence shall be one third of the Accepted Contract Amount. 18. Insurance 18.1A Professional Indemnity Insurance The Contractor shall submit proof of professional indemnity insurance carried by all professional service providers used on the Contract. The total value of all the insurance shall not be less than twice the value of the professional services tendered. 20. Claims, Disputes and Arbitration 20.6 Arbitration In the second line of this clause delete the word “international”. Under sub-point (a) delete the words “International Chamber of Commerce” and substitute the words “South African Association of Arbitrators”. Under sub-point (b) delete the word “three arbitrators” and substitute the word “one arbitrator”. ---- END OF SECTION ---- Improved BoTT: Version 1: June 2001 REPUBLIC OF SOUTH AFRICA DISTRICT MUNICIPALITY NAME ……. District Municipality Logo IMPROVED BOTT Volume 1 Part C Appendix to Tender Volume Part 1 i 2 A 3 B 4 C 5 D 6 E Page C (1) Appendix to Tender APPENDIX TO TENDER [Note: with the exception of the items for which the Employer’s Requirements have been inserted, the following information must be completed before the Tender is submitted]. Items * are to be completed by the DM before tender issue. Item Sub-Clause Entry * Employer’s name and address ............... 1.1.2.2 & 1.3 ........................................................................ Contractor’s name and address ............... 1.1.2.3 & 1.3 ........................................................................ * Engineer’s name and address ............... 1.1.2.4 & 1.3 ........................................................................ * Time for Completion of the Works ......... 1.1.3.3.................................................................................. _____ days Defects Notification Period ....................... 1.1.3.7.................................................................................. 365 days * Electronic Transmission Systems .......... 1.3........................................................................................ Governing Law.......................................... 1.4........................................................................................ South African Ruling language ........................................ 1.4........................................................................................ English Language for communications ................. 1.4........................................................................................ English * Time for access to the Site..................... 2.1........................................................................................ ______ days after Commencement Date * Amount of Performance Security ........... 4.2........................................................................................ ______ % of the Accepted Contract Amount, in the currencies and proportions in which the Contract Price is payable Period for notifying unforeseeable errors, faults and defects in the Employer’s Requirements ........................................... 5.1........................................................................................ Initials of Signatory of Tender ________________________________ Improved BoTT: Version 1: June 2001 Volume Part 1 i 2 A 3 B 4 C 5 D 6 E Item Page C (2) Appendix to Tender Sub-Clause Entry Normal working hours ............................... 6.5........................................................................................ No work shall be carried out after sunset or before sunrise Delay damages for the Works .................. 8.7 & 14.15(b) ...................................................................... _______ % of the value of the relevant Section of the Works per day, in the currencies and proportions in which the Contract Price is payable Maximum amount of Delay damages ....... 8.7........................................................................................ _______ % of the value of the relevant Section of the Works If there are Provisional Sums: Percentage for adjustment of Provisional Sums ......................... 13.5(b) ................................................................................. _______ % If Sub-Clause 13.8 applies: Adjustments for Changes in Cost: ..................................................... Tables of adjustment data ........... 13.8...................................................................................... for payments each Month/[YEAR] in South African Rands (currency) *These values and dates confirm the definition of each index, but do not define Base Date indices Total advance payment ............................ 14.2...................................................................................... None Number and timing of instalments ............ 14.2...................................................................................... Not Applicable Start repayment of advance payment ....... 14.2(a) ................................................................................. Not Applicable Repayment amortisation of advance payment .................................................... 14.2(b) ................................................................................. Not Applicable Percentage of retention ............................ 14.3...................................................................................... Cumulative 5% of the Accepted Section Amounts Limit of Retention Money .......................... 14.3...................................................................................... 2,5 % of the Accepted Contract Amount Plant and Materials for payment when shipped en route to the Site ..................... 14.5(b) ................................................................................. Not Applicable Initials of Signatory of Tender ________________________________ Improved BoTT: Version 1: June 2001 Volume Part 1 i 2 A 3 B 4 C 5 D 6 E Item Page C (3) Appendix to Tender Sub-Clause Entry Plant and Materials for payment when delivered to the Site .................................. 14.5(c) ................................................................................. Plant and Materials listed in Schedule of Quantities on which lump sum Sections are based Minimum amount of Interim Payment Certificates ................................................ 14.6...................................................................................... R50 000.00 Periods for submission of insurance: (a) evidence of insurance ........................ 18.1 & 18.5A ........................................................................ 21 days (b) relevant policies.................................. 18.1 & 18.5A ........................................................................ 30 days Maximum amount of deductibles for insurance of the Employer’s risks ............. 18.2(d) ................................................................................. Sum of the value of all Sections of the Works of which first delivery has been taken by the Employer Minimum amount of third party insurance .................................................. 18.3...................................................................................... R10 million The DAB shall be ...................................... 20.2...................................................................................... One sole Member/adjudicator Appointment (if not agreed) to be made by .............................................................. 20.3...................................................................................... The President of SAICE or a person appointed by the President Initials of Signatory of Tender ________________________________ Improved BoTT: Version 1: June 2001 Volume Part 1 i 2 A 3 B 4 C 5 D 6 E Page C (4) Appendix to Tender If there are Sections: Definition of Sections: Description (Sub-Clause 1.1.5.6) Accepted Section Amount Time for Completion (Sub-Clause 1.1.3.3) Delay Damages (Sub-Clause 8.7) Sections of the Works comprise various activities as described under the Employer’s Requirements As per Notice according to Clause 8.1A As per Notice according to Clause 8.1A As per Notice according to Clause 8.1A Business Planning and Design Construction Operations and Maintenance Sanitation Note: Appropriate ISD is to be included in all the above Sections These percentages shall also be applied to each half of the Retention Money under Sub-Clause 14.9. [In the above Appendix, the text shown in italics is intended to assist the drafter of a particular contract by providing guidance on which provisions are relevant to the particular contract. This italicised text should not be included in the tender documents, as it will generally appear inappropriate to tenderers.] ---- END OF SECTION ---- Improved BoTT: Version 1: June 2001 REPUBLIC OF SOUTH AFRICA DISTRICT MUNICIPALITY NAME ……. District Municipality Logo IMPROVED BOTT Volume 1 Part D Employer’s Requirements Volume Part 1 i 2 A 3 B 4 C 5 D 6 E Page D (i) Employer’s Requirements TABLE OF CONTENTS PAGE(S) 1. BACKGROUND ......................................................................................................................... 1 2. SCOPE AND OBJECTIVES ...................................................................................................... 2 3. CONTRACTUAL PROCESS AND STRUCTURE ..................................................................... 2 4. EMPLOYER’S GENERAL REQUIREMENTS ........................................................................... 9 4.1 Exclusive rights with geographical area of DM .......................................................................... 9 4.2 Community liaison ..................................................................................................................... 9 4.3 Minimum and Maximum Values ................................................................................................ 9 4.4 Additional Information ................................................................................................................ 9 4.5 Quality Assurance System ......................................................................................................... 9 4.6 Institutional Support to Local Authorities ................................................................................... 9 4.7 Other parties .............................................................................................................................. 9 4.8 Design Requirements .............................................................................................................. 10 4.9 Operation and Maintenance Requirements ............................................................................. 10 4.10 Institutional and Social Requirements ..................................................................................... 10 4.11 The Contract shall be based on the following principles ......................................................... 10 4.12 Safety and Security .................................................................................................................. 10 4.13 Key Performance Indicators (KPIs) and Monitoring and Evaluation (M&E) ............................ 10 5. INTERFACES .......................................................................................................................... 11 6. STAFFING ............................................................................................................................... 12 6.1 Period .................................................................................................................................... 12 6.2 Conduct ................................................................................................................................... 12 6.3 Additional Skills ........................................................................................................................ 12 6.4 Empowerment ......................................................................................................................... 12 6.5 Experience ............................................................................................................................... 12 7. PROPOSAL ............................................................................................................................. 13 106762682 / 7/6/01 Improved BoTT: Version 1: June 2001 Volume Part 1 i 2 A 3 B 4 C 5 D 6 E Page D (ii) Employer’s Requirements 7.1 Technical Section .................................................................................................................... 13 7.2 Financial Section ..................................................................................................................... 14 8. EVALUATION CRITERIA ........................................................................................................ 15 8.1 Evaluation of Technical Sections ............................................................................................. 15 8.3 Right of DM to Investigate and Seek Clarification ................................................................... 16 APPENDIX A ........................................................................................................................................ 17 APPENDIX B ........................................................................................................................................ 19 106762682 / 7/6/01 Improved BoTT: Version 1: June 2001 Volume Part 6. 1 i 2 A 3 B 4 C 5 D 6 E Page D (1) Employer’s Requirements BACKGROUND It is the Government of South Africa’s stated intention to provide water services for all of its citizens. To this end DWAF has been mandated to facilitate water service delivery to the rural poor and others who do not have water services. This has resulted in the creation of a multimillion Community Water Supply and Sanitation Capital Programme (CWSSCP) through which DWAF channels central government and other donor funds to capital projects. The Government of South Africa has also embarked upon an extensive multi-faceted Water Services Sector Support Programme (WS-SSP) to provide water and sanitation services to improve the quality of life of poor rural communities. This programme is being supported by funding from the European Community (EC) through the Commission of the European Communities in terms of a financing agreement. The work will be focused in the provinces where the greatest backlog exists namely Northern Province, KwaZulu Natal and Eastern Cape and it is called the Masibambane Programme. These provinces are referred to as the Masibambane Provinces. It is expected to provide sustainable services to approximately 2,4 million people. The programme involves the expenditure of some R2 220 million over three years in the Masibambane provinces. At present this amount includes donor support of some R600 million, of which R500 million is from the European Community, while the United Kingdom, Netherlands and France provide the remainder. The Water Services Act (Act No. 108 of 1997), identifies local government as having the ultimate responsibility for water service delivery and the Division of Revenue Act,(Act No 16 of 2000) specifies that no capital funds will be spent without agreements being in place to ensure long-term sustainability of the envisaged service. Therefore the implementation of the programme requires close co-operation between DWAF and local authorities to ensure that the capital programme is in line with local authority expectations and their ability to provide the service over the long term. The recent local authority demarcation process (Municipal Demarcation Act (Act No 27 of 1998 ) of has also created new authorities, in addition to some existing authorities, that have limited institutional capacity to provide the above service. Hence, the programme is being undertaken in an environment in which democratic local government structures have only recently been put into place and new legislation places the responsibility for sustainable service provision on these new institutions. In view of the increased demands on these new institutions to undertake such a rapidly deployed multi-sectoral programme, the Department of Water Affairs and Forestry (DWAF) is responsible for facilitating the provision of water and sanitation services. DWAF also has to ensure that this work is integrated with other works that are being co-ordinated by the Department of Provincial and Local Government (DPLG). In addition, the other aspects of the programme aimed at providing institutional and social development to ensure sustainability of water and sanitation services are also being channelled through DWAF. In view of the above situation, this document has been compiled to provide support to District Municipalities through a holistic project lifecycle contract under the District Municipalities control. The Programme Implementing Agent (PIA) appointed under this contract will be expected to work together with all other service providers to ensure the successful implementation of the CWSSCP and the sustainable operation of the works and delivery of water to the communities involved. The services are to be provided by means of defined projects to be executed from inception through business planning, institutional and social development (ISD), design, construction, operation and maintenance (O&M). All of these services are to ensure sustainability, cost effectiveness, job creation and the elimination of backlogs inherent in the country. Improved BoTT: Version 1: June 2001 Volume Part 7. 1 i 2 A 3 B 4 C 5 D 6 E Page D (2) Employer’s Requirements SCOPE AND OBJECTIVES The goal of this contract is to obtain adequate technical, construction, O&M and ISD resources for the District Municipality (DM) to ensure the successful delivery of water services as described above. The Works to be executed under this Contract involved the design and implementation of Capital Works for water services provision as well as the initial operations and maintenance until such time as these can be undertaken by the DM or its preferred Water Service Provider. This will be achieved through the following objectives: the provision of a PIA team to the DM to assist to plan and implement capital works inclusive of a senior manager to oversee the work of the team and to liase as required at a senior level. to access specialist staff and other personnel resources as required on an ad-hoc basis. The scope of work envisaged for the staff will be determined as the work progresses and delivery takes place within the District Municipality. However, in broad terms the scope of work entails the following: 8. Business planning, design and technical assistance of designated projects in the DM; Overall co-ordination, management and construction of the designated Water and Sanitation Projects in the DM; Consultation with local authorities, communities as well as all other parties, or any other parties involved in the delivery of water services and building good working relationships with such parties; Assist and advise District Municipalities with its arrangements in regard to developing its capacity to fulfil its role as Water Services Authority (WSA) and other sustainability issues; Assist WSA’s in respect of their options, arrangements and choices regarding Water Service Providers (WSP) and linking such arrangements to the execution and utilisation of capital works; Transfer technical, contractual and administrative skills to DM and other parties involved in the process. Consult with and involve communities during the planning, construction and O&M section of a Project(s) during the course of the contract. CONTRACTUAL PROCESS AND STRUCTURE The contractual processes and structure of the contract are depicted in the following figures. Improved BoTT: Version 1: June 2001 Volume Part 1 i 2 A 3 B 4 C 5 D 6 E Page D (3) Employer’s Requirements FIGURE 3 Overall Diagram for Works Issue of the Submission Issue of the 8.1 Tender Letter of of the Commencement Documents Tender Acceptance Date Base Date < 28d > Tender period < < 28d 11.9 Issue of Performance Certificate See Detailed Diagrams for Works 3A and Projects – Figure 4 > 28d 10.1 Issue of Taking-Over Certificate Defects Notification Period > 4.2 Issue of the Performance Security 11 Notifying of Defects 9.1 Tests on Completion Remedying of Defects Improved BoTT: Version 1: June 2001 < 21d > 4.2 Return of the Performance Security Volume Part 2 A 1 i 3 B 4 C 5 6 E D Page D (4) Employer’s Requirements FIGURE 3A Process Diagram for Works Sections of the Works are defined as: Commencement Date 1. 2. 3. Section of the Works Business Planning Construction Operations Maintenance Sanitation 4. Sanitation 4 Contract Completion Date and NOTE: Issue of 8.1.A Notice Project(s) A Business Planning and design Construction Operations and Maintenance 1 2 3 Sections of the Works Operations and Maintenance Defects Liability Section of the Works Section of the Works Business Plan 1 Project(s) B Construction Section 2 Operations and Maintenance 3 Defects Liability Construction 2 Sections of the Works ISD Input in all Sections Improved BoTT: Version 1: June 2001 Volume Part 1 i 2 A 3 B 4 C 5 D 6 E Page D (5) Employer’s Requirements FIGURE 4 Process Diagram for Projects PROJECT Issue of 8.1.A Notice Submission of Business Plan Approval of Business Plan by Appraisal Committee Issue of 8.1.A Notice Commencement of section 2d 9.1 Tests for completion 14d Business Plan – see Figure 5 Delays attributable to the Contractor Agreement of Lump Sum for Construction 10.1 Issue of Take over Certificate 8.2 Time for Completion Defects liability period Only if no O&M Section Defects Liability Period Issue of 8.1.A Notice for Operations and Maintenance Section of the Works Section of the Works Section of the Works Improved BoTT: Version 1: June 2001 Volume Part 1 i 2 A 3 B 4 C 5 D 6 E Page D (6) Employer’s Requirements FIGURE 5 Business Plan Process Section of the Works Engineer evaluates or asks for additional info Instruction by Employer Agreement of PEP Business Plan Approval by Appraisal Committee Engineer Review and Agreement Final Negotiation on lump sum Variable Draft PEP 21 Days 1 day Conceptual Report Provisional lump sum agreement Business Plan completed and submitted to DM for approval Issue 8.1.A notice to Commence Section NOTE: Conversion lump sum construction Business Plan – See Note PIA does preliminary design, quantities and price i.e. Section Bill of Principle Quantities for Permanent Works (using tender rates) and other work as defined in PEP. Improved BoTT: Version 1: June 2001 to for Volume Part 1 i 2 A 3 B 4 C 5 D 6 E Page D (7) Employer’s Requirements FIGURE 6A Payment Events – Process for monthly payment 14.3 Contractor submits Statement to the Engineer Each of the monthly (or otherwise) interim payments 14.6 Engineer issues Interim Payment Certificate 14.7 Employer makes the payment to the Contractor <56d <28d Improved BoTT: Version 1: June 2001 Volume Part 1 i 2 A 3 B 4 C 5 D 6 E Page D (8) Employer’s Requirements FIGURE 6B Payment Events – Process for final payment The final payment Engineer verifies statement, Contractor submits information <56d <28d 14.11 Contractor submits14.11 Contractor submits draft final statement to Final Statement and the 14.12 discharge the Engineer 14.13 Engineer issues Final Payment Certificate 14.7 Employer makes payment Improved BoTT: Version 1: June 2001 Volume Part 1 i 2 A 3 B 4 C 5 D 6 E Page D (9) Employer’s Requirements 9. EMPLOYER’S GENERAL REQUIREMENTS 9.1 Exclusive rights with geographical area of DM The successful tenderer will not have exclusive rights as the PIA in the DM and the DM reserves the right to appoint more than one PIA Team. 9.2 Community liaison Liaison with communities will be through the Area or District Planning Forums, Project Steering Committees, Village Water Committees or Local Authorities or other structures as may be designated by the Employer. The particular structure of the liaison with the community may be unique to each Project(s) and clarification of these structures and relationships will form part of the Business Plan preparation process. 9.3 Minimum and Maximum Values There is no guarantee as to the minimum or maximum value of the final Contract. While an order of magnitude Contract Schedule of Quantities is provided in his document this is indicative only and the DM does not bind itself to this, or any, scope of works. No claims will be entertained from the PIA as a result of the Contract not meeting expectations. 9.4 Additional Information The following documents shall be read for information by tenderers: [The DM may want to list particular info of a non-contractual nature here]. 9.5 Quality Assurance System The PIA shall prepare a quality assurance system for the Works and Sections of the Works in accordance with ISO9000:2000 and ISO14000:1994. This system shall be submitted to the Engineer for approval before any design or execution section is commenced. 9.6 Institutional Support to Local Authorities The PIA may be required to provide certain institutional support functions. However it is expected that the primary institutional support will be provided though other appointments. During the course of the Contract the PIA is expected to formalise the scope of Works and Sections of the Works within the Contract using the Business Plan procedures. 9.7 Other parties The other works which may be in progress or which may start on some sites forming part of this Contract are likely to include, but are not limited to the following: Maintenance services done by ESKOM and/or Telkom. Activities by the Department of Water Affairs and Forestry or other Water Supply Authorities regarding existing water infrastructure. Drilling and Test pumping of boreholes by teams of other Contractors. Testing of boreholes in all the regions, districts and villages. Improved BoTT: Version 1: June 2001 Volume Part 9.8 1 i 2 A 3 B 4 C 5 D 6 E Page D (10) Employer’s Requirements [DM can add other parties here] Design Requirements The specific design requirements are listed in the relevant project specifications listed in the Contract. In addition the DM has the following general design requirements [DM to list specific design requirements]. 9.9 9.10 Operation and Maintenance Requirements The PIA may be required to operate and maintain the systems as detailed in the Business Plan for the Section of the Works. The PIA may then provide a mentorship service to the DM for a period as determined after transfer if contained in the Business Plan. If the DM does not yet have the capacity to operate the systems (i.e. maintenance capability) then the DM must include Specifications for the O&M. It is a requirement of this document that the PIA operates and maintains the system while building capacity in the DM to the point that the system can be transferred. The Business Plan shall set out clearly how this is to be achieved. Institutional and Social Requirements 9.11 9.12 Wherever the Community requirements conflict with any of the DM requirements, the DM approval for any such deviation from its requirements shall be obtained. The Contract shall be based on the following principles The provision of the basic RDP water requirements (i.e. 25. litres per capita within 200 metres). The provision of sanitation in accordance with the National Sanitation Policy (currently a household subsidy of R600.00 each with a possible extra allowance in the case of difficult ground conditions). The funding for these basic requirements will be provided by the Department of Water Affairs and Forestry. Safety and Security The PIA shall take particular note of the safety and security precautions which are essential for a Contract of this nature with widely dispersed sites and where it may not be possible to fence the sites to make them secure. Full allowance for the provision of the necessary safety and security provisions shall be made in the rates tendered in the Schedule of Quantities. 9.13 Key Performance Indicators (KPIs) and Monitoring and Evaluation (M&E) An outline of envisaged KPIs is given in various volumes of the contract document. These KPIs and others will be developed with the PIA independently during the currency of this contract. KPIs are an important and integral part of the national reporting system and shall be the means of measuring performance. The measurement of performance shall provide all stakeholders with objective information on project status and progress i.e. Improved BoTT: Version 1: June 2001 Volume Part 1 i 2 A 3 B 4 C 5 D 6 E Page D (11) Employer’s Requirements physical and financial compliance with RDP objectives including policy and strategic objectives, sustainability, etc. 10. The Department of Water Affairs and Forestry has a Monitoring and Evaluation (M&E) system for KPIs. The PIA shall provide information required in the specified reporting format to the DM for inclusion in the national reporting system. It shall be noted that some KPIs will be interpreted by the Department of Water Affairs and Forestry from information provided by the PIA e.g. from milestones or targets of physical, financial, and capacity building aspects of the programme. Other information will be utilised from the reporting by the PIA of achievement against a specific KPI as a quantitative value. INTERFACES The PIA will report directly to the: [……………………………….. Insert Name] or the responsible official as designated in writing. The DM’s structure consists of the following: [……………………………….. Insert Structure] In addition to communicating within the DM, the PIA will also be expected to communicate with the following: [……………………………….. Insert list] and various other stakeholders at national level and in the regions. The PIA will need to work with the DWAF: Monitoring and Evaluation units in the regions and at national level. Improved BoTT: Version 1: June 2001 Volume Part 1 i 2 A 3 B 4 C 5 D 6 E Page D (12) Employer’s Requirements The PIA will also be expected to interface with the: [……………………………….. Insert other ] EU ambassador or officials designated in writing. All donor organisations as well as other industry role players when required to assist in expediting the Masibambane Programme. The PIA should note that several other consultants are currently assisting in related areas and programmes. The PIA shall ensure that all relevant information is obtained from these consultants and that smooth interfaces are developed to avoid duplication of effort. 11. STAFFING 11.1 Period The DM requires the PIA to establish resources to provide the services related to this Contract to the DM for the period of the Contract as detailed in the Appendix to Tender. An extension to the contract may be negotiated upon mutual agreement by the parties. 11.2 Conduct The PIA staff shall at all times act professionally and with integrity, objectivity and independence. The PIA team shall have the necessary professional knowledge and skill to undertake the activities assigned to them. 11.3 Additional Skills In addition, personnel with specific skills will be required by the DM. These skills shall be provided on a draw down basis using the rates set out in the Schedules of Quantities. The PIA shall demonstrate to the DM that they have the range of skills and resources necessary to meet the core requirements of this contract while also having the resources and skills to meet possible ad hoc requirements for specialist personnel. 11.4 Empowerment The commitment of the DM to the Government’s policy concerning the empowerment of historically disadvantaged individuals and companies (HDI/HDC) shall be noted and adhered to by the PIA. The minimum HDI/HDC participation goal for this project is 25% in work and equity sharing respectively. 11.5 Experience The PIA shall demonstrate experience in management and administration, not only of large infrastructure developments but also of smaller community water developments, which require greater sensitivity within a multi skilled, multi project environment. The PIA shall have knowledge of, inter alia: Improved BoTT: Version 1: June 2001 Volume Part 2 A 1 i 3 B 4 C 5 D 6 E Page D (13) Employer’s Requirements Legal requirements generally and the Water Services Act, the Division of Revenue Act and the Municipal Systems Act specifically RDP requirements Water services Government procedures, policies and systems Organizational development Sustainability issues Institutional and social issues Capacity building Operations and maintenance of rural and urban water systems Rural sanitation Financial management of projects and programmes and related issues Contractual administration and supervision Programme and project management Word processing, spreadsheets, database programmes and project planning software Construction, building, engineering, consulting and service provision contracts 12. PROPOSAL 12.1 Technical Section The tenderer shall submit a short technical proposal indicating its understanding of the contract as well as: 7.7.1 7.7.2 Firm’s Experience Overall competence and track record Specific project applicable expertise Approach and methodology and Project Management The tenderer shall submit a brief (10 page maximum) workplan stating his understanding of the challenges faced and a strategy for DM co-operation. The following factors will enhance the workplan score: Clarity, comprehensiveness and level of detail Soundness of approach and methodology Understanding of local conditions Robustness of approach Relevant examples A brief description of a strategy for SMME’s, job creation and labour intensive construction. The following factors will detract from the workplan score: Inclusion of inappropriate focus on non-critical issues Inappropriate detail Improved BoTT: Version 1: June 2001 Volume Part 2 A 1 i 3 B 4 C 5 D 6 E Page D (14) Employer’s Requirements Proposals that are not appropriate for the local environment and in the interests of the District Municipality Qualifications of Key Personnel [……………………………….. Insert other issues as required] The evaluation of this section shall include but not be limited to, the following: The extent of the resources of the bidder or consortium to undertake the full range of services. The qualifications and experience of four key staff from the Core team in categories: Business Planning Design Construction Experience in Water Related Projects Operations and Maintenance Institutional and Social Development Sanitation Experience in similar environments The PIA should include sufficient technical details in its proposal to enable the Evaluation Committee to assess whether these objectives will be met. The tenderer shall provide details of the proposed organisation structure of the team and shall provide an outline of the methodology that will be used. The breakdown and points as detailed in the evaluation tables will be used to determine the technical scores. CV’s will be in the format given at the end of this document. Employment Equity The following will be taken into account in the evaluation: Historically Disadvantaged Principles in the Consortium A minimum involvement of 25% is required to achieve the minimum points to be considered for the project. Other values of involvement will be rated pro-rata. The utilization of Historically Disadvantaged Individuals (HDI’s) on the programme will be evaluated relative to the total staff cost. Points will be pro rata-ed up to a maximum value of 40%. 12.2 Financial Section The tenderer shall submit a price based on the completion of the Schedules of Quantities in Volume 5. All schedules are in this volume and the relevant tender forms are also included. This volume and separate tenderer’s proposal are the only documents to be returned. Improved BoTT: Version 1: June 2001 Volume Part 13. 1 i 2 A 3 B 4 C 5 6 E D Page D (15) Employer’s Requirements EVALUATION CRITERIA The tenders will be evaluated as a two-stage process in accordance with the following criteria: The Technical Proposal will be opened first and evaluated as follows: Technical Proposal Overall Competence and Track Record 25% Approach and methodology including understanding of the Contract document 25% Employment Equity 20% Qualifications of key personnel 30% Total 100% Pass/Fail After the Technical Proposal has been evaluated, Financial Proposal of the Tenderer attained at least the minimum technical score will be opened. 13.1 Price Evaluation of Technical Sections The DM shall evaluate the Technical Proposals received at Tender Closure, and opened in accordance with the approved procedures, in accordance with the following process. 8.1.1 In Step 1, the Evaluation Committee shall examine each Technical Proposal submitted to determine whether the Technical Proposal is complete and substantially responsive. 8.1.2 In Step 2, the Evaluation Committee shall evaluate the Technical Proposals that are substantially responsive based on the following criteria and marking system: Criteria Firm’s Experience Overall Competency and track record Specific project applicable expertise Approach and Methodology and Project Management Understanding of ToR Problem Conceptualisation Innovation in approach Project management Qualifications of key personnel Business Planning and Design Construction Experience Operations and Maintenance ISD Sanitation Employment Equity Minimum Score Weighting 5 6 12 13 10 25 15 30 10 20 Improved BoTT: Version 1: June 2001 Volume Part 2 A 1 i 3 B 4 C 5 6 E D Criteria Previously Marginalised Principals Woman Principals Affirmative Career Development Social Responsibility Sub total Page D (16) Employer’s Requirements Minimum Score Weighting 46 100 Pass/Fail 13.1.1 To qualify to be considered further, a Technical Proposal must receive at least: (a) a total score of 70 points; and (b) a minimum score in each section Each Tenderer of a Technical Proposal that meets the criteria shall be a Qualified Tenderer. 13.1.2 Technical Proposals that, (a) receive fewer than 70 points; (b) a minimum score in each section shall not be considered further. 13.2 Evaluation of the Financial Proposal For each qualified tenderer the Evaluation Committee shall examine each such Financial Proposal to determine whether such Financial Proposal is complete and substantially responsive. The lowest financial tenderer shall be deemed then as the winner after an arithmetic check of the documentation and an evaluation of any criteria that may alter the price. This shall include an evaluation of any Alternative tenders, Qualifications, omissions and other factors. 13.3 Right of DM to Investigate and Seek Clarification during the Evaluation Process 8.1.1 The DM may, in its sole discretion, seek clarification, during the process. In the process of clarification, no change in the substance of the Technical Proposal or in the Financial Proposal shall be sought, offered or permitted. 8.1.2 DM shall seek all clarifications in writing and the Tenderers’ responses shall also be in writing. 8.1.3 Without limiting the generality above, DM may, in its sole discretion: (a) investigate evidence of the ability and experience of a Tenderer under consideration, including joint venture partners, proposed subcontractors, and parties otherwise related to the Tenderer or the Tenderer’s Proposal; and (b) require or seek out confirmation from other parties of information furnished by a Tenderer. Improved BoTT: Version 1: June 2001 Volume Part 1 i 2 A 3 B 4 C 5 D 6 E Page D (17) Employer’s Requirements APPENDIX A FORMAT OF CURRICULUM PROFESSIONAL STAFF VITAE (CV) FOR PROPOSED Proposed Position: Name of Firm: Name of Staff: Profession: Date of Birth: Years with Firm/Entity: Nationality: Membership in Professional Societies: Detailed Tasks Assigned: Key Qualifications: [Give an outline of staff member’s experience and training most pertinent to tasks on assignment. Describe degree of responsibility held by staff member on relevant previous assignments and give dates and locations. Use about half a page.] Education: [Summarise college/university and other specialised education of staff member, give names of schools, dates attended, and degrees obtained. Use about one quarter of a page.] Employment Record: [Starting with present position, list in reverse order every employment held. List all positions held by staff member since graduation, giving dates, names of employment organisations, titles of positions held, and locations of assignments. For experience in last ten years, also give types of activities performed and client references, where appropriate. Use about two pages.] Improved BoTT: Version 1: June 2001 Volume Part 1 i 2 A 3 B 4 C 5 D 6 E Page D (18) Employer’s Requirements Languages: [For each language indicate proficiency: excellent, good, fair or poor in speaking, reading and writing.] Certification: I, the undersigned, certify that to the best of my knowledge and belief, these data correctly describe my qualifications, my experience, and me. I also certify that I have only given permission for my CV to be included in the Proposal submitted by [Fill in name of Bidder here.] Date: Improved BoTT: Version 1: June 2001 Volume Part 2 A 1 i 3 B 4 C 5 D 6 E Page D (19) Employer’s Requirements APPENDIX B Procedure for preparing and updating a PEP Introduction PEPs represent a method of managing time-based projects. The PEP need not be elaborate but should set out the essentials of the project as defined in this document. It should form a reference document for the project team. This Appendix presents a procedure for preparing and updating a PEP and is intended to be used by the PIA and the DM to manage time-based Sections of the Works. The appendixes purpose is to set out the process and contents of a PEP to ensure the orderly management of time based projects. Definitions See Particular Conditions of contract for relevant definitions Responsibility for Implementation PEP preparation – PIA PEP approval – DM Implementation Project Identification The Project will normally be identified jointly by the DM and the PIA and then the PIA will be requested to prepare a PEP for the Section of the Works. PEP Contents The PEP should contain the following: Project Title Project Objectives Background Scope Deliverables Skills Transfer Constraints Delivery Process Tasks Action Plan Project Organisation Staffing Improved BoTT: Version 1: June 2001 Volume Part 2 A 1 i 4 C 5 D 6 E Page D (20) Employer’s Requirements Organogram Programme 3 B Gantt chart Quality Plan Project Responsibilities PEP review process Communication: Consultation required, lines of communication, contacts Review, Verification and Validation and Approval Processes Other Relevant Quality Elements as defined in ISO9001:2000 Cost Plan Source of Funds Authority for using funds Expected Cost per Task per person Disbursements PEP Review The PEP must be reviewed on a regular basis as defined in the PIA’s Quality Plan. This may entail the adjustment of scope, resources, costs and budget. ---- END OF SECTION ---- Improved BoTT: Version 1: June 2001 REPUBLIC OF SOUTH AFRICA DISTRICT MUNICIPALITY NAME ……. District Municipality Logo IMPROVED BOTT Volume 1 Part E Works Specifications, Preliminary and General Items Volume Part 1 i 2 A 3 B 4 C 5 D 6 E Page E (i) General Specifications, Preliminary and General Items TABLE OF CONTENTS PAGE(S) 1. PS1 GENERAL DESCRIPTION ................................................................................................ 1 1.1 Scope ...................................................................................................................................... 1 1.2 Establishment of Lump Sums for Sections of the Works .......................................................... 2 2. PS2 DESCRIPTION OF THE SITE AND ACCESS................................................................... 3 3. PS3 NATURE OF GROUND AND SUB-SOIL CONDITIONS ................................................... 3 4. PS4 DETAILS OF THE CONTRACT ........................................................................................ 4 5. PS5 CONSTRUCTION PROGRAMME ..................................................................................... 5 5.1 Project Programmes .................................................................................................................. 5 6. PS6 ACCOMMODATION AND EQUIPMENT AND SITE FACILITIES ..................................... 6 6.2 Construction Camp & Depot ...................................................................................................... 6 6.3 Water Supply ............................................................................................................................. 7 6.4 Power Supply............................................................................................................................. 7 7. PS7 SITE FACILITIES REQUIRED ........................................................................................... 7 8. PS8 FEATURES REQUIRING SPECIAL ATTENTION ............................................................ 7 8.1 Labour Based Construction ....................................................................................................... 7 8.2 Provision of a Temporary Workforce for the Contract ............................................................... 9 8.3 Restriction of the Utilization of Personnel in the Permanent Employ of the Contractor............. 9 8.4 SMME development .................................................................................................................. 9 8.5 Additional Reference Sources ................................................................................................. 10 9. SPECIFICATIONS FOR PRELIMINARY AND GENERAL ITEMS .......................................... 10 9.1 Measurement and Payment .................................................................................................... 10 10. SCHEDULE OF QUANTITIES ................................................................................................ 11 106762682 / 7/6/01 Improved BoTT: Version 1: June 2001 Volume Part 1 i 2 A 3 B 4 C 5 D 6 E Page E (1) General Specifications, Preliminary and General Items 14. PS1 GENERAL DESCRIPTION 14.1 Scope This contract comprises the provision of water services to communities in the jurisdictional area of the [……………………………….. Water Services Authority] This area will be the Site of the Works. The Works are to be executed over a period of time as detailed in the Appendix to Tender. The Works may comprise one or more different Projects. Individual Projects will consist of Sections of the Works that will be identified as the Contract progresses and may consist of all or any combination of the following: [List in this section the main components of the envisaged contract, below are examples] Project 1: Water Supply to __________________________. Section 1.1 Design and construction of water supply systems, including any combination of the following: Source analysis and verification Purification Pump stations Reservoirs Rising and gravity mains Reticulation Section 1.2 The provision of sanitation to communities within the above _______ including the following: Geohydrological study of the immediate area to assess pollution potential Provision of basic sanitation education Provision of different types of sanitation systems Section 1.3 The operation and maintenance of the above facilities for a period of time of between 1 and 3 years may include the following: Operation and maintenance of water treatment works and water care works, water reticulation systems, bulk supply schemes, commonly water schemes Operation and maintenance of pump stations reservoirs Improved BoTT: Version 1: June 2001 Volume Part 14.2 2 A 1 i 3 B 4 C 5 D 6 E Page E (2) General Specifications, Preliminary and General Items Operation and maintenance of wastewater treatment works Training and mentoring of water services authorities [providers] staff Establishment of Lump Sums for Sections of the Works The Improved BoTT contract comprises the whole Works, and will include a number of smaller, individual Projects and Sections, each of which will be identified, and quantified. Each Project will consist of one or more Sections of the Works that will commence with an 8.1A Notice. The different Sections that are envisaged are: Business Planning and Design Construction Operations and Maintenance Sanitation. ISD is to be included in each particular Section as required. It is envisaged that the following number of individual Projects and Sections of the Works will form part of this contract: For the 1st year [x Projects and Sections] For the 2nd year [y Projects and Sections] For the 3rd year [z Projects and Sections] The Water Services Act, Act 108 of 1997 (WSA 108/97) mandates that a Water Services Development Plan (WSDP) should be compiled for each Water Services Authority (WSA). In the WSDP the following number of projects have been identified to date. This information has been used to quantify the worth of the Contract. The Sections and Projects are taken from the approved Project lists. No, and name of projects to be inserted here The process to establish individual Sections of the Works for Construction is as follows: The tender process will yield a Tender Bill of Principal Quantities for the Permanent Works (TBPQPW), comprising rates and a list of items, which typically make up 70%90% of typical water supply projects. This TBPQPW will, amongst others be utilised to evaluate the tenders. Once the contract has been awarded, an individual Construction or combined Construction and O&M Sections of the Works are established as follows: The PIA drafts a PEP for Business Planning. After agreement as per the process defined in Volume 2 Part 1, each individual Project is priced during the Business Planning and Design Section of the Works, using the Tender BPQPW rates with a Section Bill of Principal Quantities for the Permanent Works (SBPQPW), made up of items (adapted for locality and Improved BoTT: Version 1: June 2001 Volume Part 2 A 1 i 3 B 4 C 5 D 6 E Page E (3) General Specifications, Preliminary and General Items access as applicable) from the TBPQPW. The PIA also shows which percentage of the Section’s cost is represented by this SBPQPW. This percentage should be between 70% and 90%, depending on the work involved in the Section. 15. The Engineer will, in negotiations with the PIA agree on the percentage described in the previous step, the Cost for the Section is converted into a provisional Lump Sum offer for the construction of the Section with the allocation of risk as defined in the Conditions of Contract. The steps as detailed in Volume 2, Part 1 are then executed. The Business Plan will either be approved by the DM Business Appraisal Committee or other parties as required. Thereafter the individual Sections are finalised and converted into a lump sum. If not approved the Section of the Works is terminated. Where a Section of the Works has commenced, interim payments will be made based on monthly progress reports and certificates presented by the PIA in accordance with clauses 4.21 and 14.3 of the Conditions of Contract. The agreed SBPQPW and completion of individual items shall also be used in this process. At the end of the construction Section of the Works, the following possibilities exist: The Section of the Works terminates in the usual manner, with a defect liability period of 12 month; or The Project then enters an Operation and Maintenance Section of the Works for a longer period of 1 to 3 years, as agreed in the Business Plan. PS2 DESCRIPTION OF THE SITE AND ACCESS The Site of the Work is to be undertaken is supply area of [enter the name of the WSA here]. A detailed map of the area is attached in Appendix named area. Projects involved are located on this map. The Schedule of Quantities has been subdivided per project due to differences in accessibility as well as locality. This Schedule be one or more Sections, the current Schedule shows one Section. 16. PS3 NATURE OF GROUND AND SUB-SOIL CONDITIONS [A typical description should be given here, as to the geology, soils typically occurring, types of rock. It might be useful to include typical zonal weather (for the zones as defined by the Computing Centre for Water Research, University of Natal (CCWR)), which form part of this area. There should be enough background data for the area (DM) to enable an experienced contractor to deduct what he can expect when working in the area – it must give the contractor enough confidence to allocate his risk properly, but not give so much that the client might be subject to additional claims] Improved BoTT: Version 1: June 2001 Volume Part 2 A 1 i 3 B 4 C 5 D 6 E Page E (4) General Specifications, Preliminary and General Items Typical sites, and material types will be shown during the site inspection to the tenderers, and these will be deemed to be normal sites. However, as the sites are typical only, the following shall apply: The tenderer shall tender for excavation in typical soft material; The tenderer shall tender for excavation in typical intermediate material; The tenderer shall tender for an extra-over rate for hard excavation For each individual Construction Section, the split between soft and intermediate excavation shall be determined. It shall be the PIA’s responsibility to allow for all testing required for the detail design phase of the individual projects 17. PS4 DETAILS OF THE CONTRACT The work required for these Project involve the following: Drafting of guidelines on the materials, specials and typical details to be used in the provision of water services for the District Municipality (DM). (This is to be a guidance document for use in the DM in the improved BoTT contract and thereafter). This guideline shall become the property of the District Municipality. For the purposes of this contract these Work is termed “Standardisation”. The following shall be kept in mind: Ease of maintenance Most economic life for individual components Minimum level of supply and acceptable supply levels and disruptions Least total life cycle costs to the operating authority Business Planning; Preliminary Design; Design and Construction of Water Supply Systems; comprising the following: Establishment of the Level of Living Index for the particular community (Van Schalkwyk) Community liaison, including basic Health and Hygiene education Establishment of the (raw) water source Establishment of the particular Level of Service (LOS) for the particular community based on the Level of Living Index, the Free Basic Water Policy and Sustainability. Preliminary and detail design of the individual project Construction; Normal Defects Liability period; or Operation and Maintenance Section of the Works for 1 to 3 years, including a defects liability period Improved BoTT: Version 1: June 2001 Volume Part 2 A 1 i 3 B 4 C 5 D 6 E Page E (5) General Specifications, Preliminary and General Items Implementation of Basic Sanitation, comprising the following: Sanitation planning Community liaison, basic health and hygiene education Choice of sanitation systems Implementation of Sanitation systems Operation and Maintenance Institutional and Social Development to ensure sustainability comprising of: Community empowerment SMME development Capacity building and training People development Project Steering Committee development Local WSP providers (If necessary) Mentoring the staff of the DM with reference to the following: Duties of the Local Authority in terms of current legislation Setting up tariff structures with acceptable levels of cross subsidisation and sustainability as goal Drafting and implementing Operation and Maintenance systems with the following in mind: Acceptable levels of non-supply to water services users Efficient operation of all plant to minimise energy requirements Effective maintenance to achieve least life cycle cost [add others as necessary] 18. PS5 CONSTRUCTION PROGRAMME 18.1 Project Programmes Upon appointment the PIA shall draw up a PEP for a business plan to assess all available information on water services in the DM and discuss it with the DM to develop the Standardisation guidelines. For each Section of the Works and as part of his Business Plan per Project, the PIA shall provide an outline programme as per the conditions of contract to illustrate his understanding Improved BoTT: Version 1: June 2001 Volume Part 1 i 2 A 3 B 4 C 5 D 6 E Page E (6) General Specifications, Preliminary and General Items of the work to be done, the times allowed for and the sequencing of the particular work items. Specific reference must be made to all partnering functions, i.e. the following: 19. Social and Institutional Development Operation and Maintenance PS6 ACCOMMODATION, EQUIPMENT, SITE FACILITIES AND SUPERVISION [Guidance Note –One of the options below be selected or modified to suite] 19.1.1 Central Office (a) The PIA’s staff will be required to have permanent representation at offices within two hours of the DM offices for effective functioning and interaction. The PIA may make use of existing offices and facilities. Effective communication between the PIA and the DM is paramount and this shall be the ruling criteria regarding availability. The PIA will be expected to have a full time presence in these offices. The PIA will be expected to provide all furnishings for computer equipment and related software for the use of its employees. OR (b) [The Local Authority will make available to the successful contractor two adjacent offices in their office building for use by the contractor. These offices will be equipped with desk and chair, but all working equipment such as computers, printers etc. must be supplied by the contractor. These offices should serve as coordination and liaison centre for the contractor]. 19.1.2 Time related Items These items will be paid per month after the PIA’s obligation of the item have, in the opinion of the Engineer, been discharged. The period for which Supervision by the PIA’s Representative at the Central Office is to be provided will be agreed with the DM and 28 days notice shall be given to the PIA for commencement and for termination of such supervision. Intermittent supervision may be required by the DM. 19.2 Construction Camp & Depot For each individual Construction Section of the Works, the PIA shall set up a construction camp when required (as per any usual contract), the size and functionality of which shall be in relation to the individual Sections. For these camps, the following shall apply: The PIA shall make arrangements with the relevant authority for a suitable site where he can establish his construction camp. Ablution facilities shall be provided for workmen where they can wash, dress, etc. One shower and one toilet per ten workmen shall be provided. Such facilities shall at all times be maintained in a clean and hygienic condition. Toilets shall be screened from public view and their use shall be enforced. The camp and site in general shall be kept clean, tidy and hygienic for the duration of the individual project. Improved BoTT: Version 1: June 2001 Volume Part 1 i 2 A 3 B 4 C 5 D 6 E Page E (7) General Specifications, Preliminary and General Items It shall be the PIA’s responsibility to ensure that he is in compliance with all relevant laws and regulations as well as tribal requirements. Wherever feasible, the PIA shall make the construction camp part of the permanent works, for use by the DM. Use may include training centres, O&M centres, etc. or the PIA shall, on completion of the works remove the facilities. In addition the PIA, as part of his establishment in the District Municipality shall have a depot. The purpose of the depot is to keep sufficient materials and equipment for operation and maintenance purposes of completed individual Sections of the Works where there is a long-term O&M Section of the Works and shall be covered in the business plan under the O&M responsibilities. This depot should be established after consultation with the DM. [This depot may be established in the yard of the DM to facilitate the transfer of skill – and to enable the DM to take over the complete O&M function at the end of the contract (in case of long term O&M functions. This is a part which will need to be assessed by the final drafter on behalf of the DM It may also be an option to move the standard delivery point of material to this yard.] 19.3 Water Supply Water supply will not necessarily be available at individual sites. The PIA shall be fully responsible for all his water requirements and shall assess the suitability of the water for construction of concrete structures prior to the commencement of construction on any Section of the Works. 19.4 Power Supply Power supply will not necessarily be available at individual sites. The PIA shall, for construction purposes, make his own arrangements for power. If power is needed for the operation of the individual Project after completion, then the PIA shall find the most economic way to supply power to the Project, and if feasible, utilise the supply for construction purposes. In this case, in accordance with the Conditions of Contract, the DM shall be reimbursed for power consumed for construction purposes. 20. PS7 SITE FACILITIES REQUIRED [This section needs to be completed by the DM in the final drafting of the document] 21. PS8 FEATURES REQUIRING SPECIAL ATTENTION 21.1 Labour-Based Construction The Works shall be carried out using labour-based construction methods, where appropriate, and the PIA shall adhere to the principles set out below. Labour-based or labour intensive construction may be defined as the economically efficient employment of as much labour as is technically feasible to produce the standard of construction demanded by the specification and allowed by the funding available. In other words, Works based on labour-intensive principles aim at devoting the highest feasible proportion of Project costs to unskilled, semi-skilled and skilled labour without jeopardizing the technical quality of the product demanded by the specification. Labour-based methods of construction result in the creation of a significant increase in employment opportunities per unit Improved BoTT: Version 1: June 2001 Volume Part 1 i 2 A 3 B 4 C 5 D 6 E Page E (8) General Specifications, Preliminary and General Items of expenditure. The intensive employment of labour achieves value for money through innovative techniques of work and management. In particular: As far as possible, payment of wages for labour is related to production output: a reasonable “task” is set, upon completion of which the labourer may go home or start a new task and Employment is either on a daily/casual/temporary basis or in the form of a short-term monthly contract. A high degree of community participation shall be exercised throughout the process and the PIA shall describe this in his business plan. The PIA shall note that: It is required from the PIA to provide all training, superintendence, labour (i.e. local people where labour-based works are performed), small tools and materials for the execution of the labour intensive construction. The following types of activities shall use labour-based construction methods on this project: Clearing and grubbing of the Site Cleaning and tidying up of the Site Excavation of pipe trenches in soft conditions and where trench depths permit economic production. Standpipes and yard connections Backfilling and compaction of all pipe trenches irrespective of depth Laying, bedding and testing of all pipe work of nominal diameter up to 200mm, including all fittings and valves Mixing, transporting, placing and finishing of all concrete Spoiling of all materials within distances not exceeding 20 metres Building of small brick structures Erection of steel frameworks Spring protection schemes River abstraction Plumbing Sites where labour-based methods or SMME development cannot be practised shall be identified by the PIA in the respective Business Plan and specifically approved in writing by the DM prior to commencement of construction. The PIA shall note the minimum wages as prescribed by legislation. The Programme Implementation Agent shall, when requested by the Engineer, submit a detailed breakdown / explanation of the basis on which labour-based rates have been calculated. Improved BoTT: Version 1: June 2001 Volume Part 21.2 1 i 2 A 3 B 4 C 5 D 6 E Page E (9) General Specifications, Preliminary and General Items Provision of a Temporary Workforce for the Contract The PIA shall have regard for the stipulation laid down for all RDP Projects that he employs labour from the local community through the Institutional Labour Desk, or similar arrangements, that have been established for this purpose. The stipulation shall apply equally to all construction and operation and maintenance Sections of the Works. Throughout all his activities the PIA shall ensure that the objective of leaving behind skills in the community is met. The PIA shall utilise labour desks, to be set up as appropriate, to assist in identifying available local labour, semi-skilled labour and Sub-Contractors where available. The Labour Desk shall also be used to assist and advise regarding conditions of employment, minimum wages, disputes and disciplinary procedures. Although the PIA shall adhere to the statutory minimum wage rate, he is, however, at liberty to negotiate additional incentive payments based on performance. Such negotiations should be approved by the Labour Desk prior to implementation of the said incentives. The Occupational Health and Safety Act must be adhered to. 21.3 Restriction of the Utilization of Personnel in the Permanent Employ of the Contractor The PIA shall limit the utilization on the Works, of his permanently employed personnel to that of key personnel only, as defined below, and shall execute and complete the Works utilizing a Temporary Workforce of local residents, employed directly by the PIA and/or by his subcontractors. “Key personnel” means all contract managers, site agents, site clerks, materials and survey technicians, quantity surveyors, trainers, supervisors, foremen, skilled plant operators and the like, and all other personnel in the permanent employ of the PIA or his sub-contractors who posses special skills, and/or who play key roles within the Programme Implementation Agent’s or his sub-contractor’s operations. 21.4 SMME development The PIA shall be required to sub-let portions of the Works as hereinafter defined, in accordance with the provisions of the Contract to Small, Medium and Micro Enterprises (SMME): Hand excavations in soft material Laying of pipes up to 200mm nominal diameter, including the provision of bedding and selected fill materials, testing and disinfection Placing and compaction of bedding and backfill materials Disposal of surplus material Brickwork Site clearance Dismantling and re-instatement of existing fences Plumbing [Other portions as determined by DM] Improved BoTT: Version 1: June 2001 Volume Part 1 i 2 A 3 B 4 C 5 D 6 E Page E (10) General Specifications, Preliminary and General Items The Engineer may at his discretion, upon receipt of a written and fully motivated application from the PIA, and where he deems the circumstances so to warrant, and provided always that the PIA has complied fully and in all respects with the provisions of the Contract pertaining to subletting or has utilized his best endeavours to comply therewith, authorize in writing that the PIA may employ local residents with the sole intent of executing the job training of such local residents to suitable levels of skill that enables the PIA to sub-let appropriate portions of the Works to such local residents. Without limiting the generality of application of this sub-clause, circumstances which may be considered by the Engineer to warrant such authorization include: The Engineer shall not grant such authority in cases where it may reasonably be concluded on the available evidence that the invitation of further tenders/quotations in accordance with the terms of the Contract, is likely to result in the successful completion of the portions of the Works concerned by local sub-Contractors. The Engineer shall monitor progress achieved with sub-Contractor training, and successful completion of this training shall be subject to his approval or instruction. 21.5 Additional Reference Sources The principle embodied in the following guidelines as contained in “The Framework Agreement for Public Works Project Using Labour Intensive Construction Systems” shall be taken into account by the PIA: 22. Broad Guidelines for the Selection Criteria for Employment Guidelines for Task Based Payment Services and Conditions of Employment Guidelines for a Training System SPECIFICATIONS FOR PRELIMINARY AND GENERAL ITEMS A preliminary and general section of the schedule of quantities is provided to cover the PIA’s charges for compliance with the requirements of the Conditions of Contract and with the Employers Requirements. Provision is made in the schedule for lump sums to cover the cost of supplying and dismantling and removing offices facilities and equipment of a preliminary and general nature in terms of the contract. Wherever practicable, separate preliminary and general items are scheduled. The sum tendered in the schedule for the preliminary and general items shall cover the PIA’s direct and indirect costs and profit, as well as all other costs for the provision of the item and the costs of complying with the obligations, liabilities, risks and requirements associated with the item. 22.1 Measurement and Payment 22.1.1 Fixed costs These amounts will be paid in one single payment, in terms of the schedule of payments issued after the PIA obligations in terms of that item have, in the opinion of the Engineer have been discharged. Should the amount of the contract increase, the “extra over” will be paid in one lump sum on the anniversary date of the Commencement Date for establishment. Improved BoTT: Version 1: June 2001 Volume Part 1 i 2 A 3 B 4 C 5 D 6 E Page E (11) General Specifications, Preliminary and General Items The fixed costs shall cover the PIA’s initial costs of providing performance sureties, insurance, third party as well as other financing options and the setting up of offices as required by the contract. 22.1.2 Value Related costs These amounts will be paid in terms of the schedule of payments issued after the PIA obligations in terms of that item have, in the opinion of the Engineer have been discharged. The value related costs shall cover the PIA’s ongoing costs of providing performance sureties, insurance, third party as well as other financing options as required by the contract. 22.1.3 Time Related costs These amounts will be paid monthly in terms of the schedule of payments issued after the PIA obligations in terms of that item have, in the opinion of the Engineer have been discharged. The sums shall cover the costs of providing supervision and management as the PIA’s feels is necessary for the Works and shall cover the costs of supervisory and administrative staff, transport and other employment package requirements of such staff that may include but is not limited to subsistence allowances bonus, cell-phones, medical aid, pension or provident fund provision, insurance and other items as necessary for the proper execution of the works. 22.1.4 Monitoring of Implementation This shall include the PIA’s designer’s fee for construction monitoring which shall include: Be available to provide the PIA with technical interpretation of plans. Visit the site at a reasonable frequency to review important materials, critical work procedures and/or completed elements or components. Review a sample of each important work procedure and construction material for compliance with the requirements of the plans and specifications and to review random samples and review important completed work prior to enclosure or on completion as appropriate. Contract Monitor 23. Type A An experienced professional Engineer or other relevant qualifications for other types of services, with greater than 10 years experience. Type B A qualified professional Engineer or relevant qualification for other types of work with 5 –10 years experience Type C A qualified technician with 2 years experience. SCHEDULE OF QUANTITIES See Volume 5, Part 3 – Employer’s Requirements Ps and Gs. Improved BoTT: Version 1: June 2001 Volume Part 1 i 2 A 3 B 4 C 5 D 6 E Page E (12) General Specifications, Preliminary and General Items ---- END OF SECTION ---- Improved BoTT: Version 1: June 2001 Volume Part 1 i 2 A 3 B 4 C 5 D 6 E Page E (1) General Specifications, Preliminary and General Items Improved BoTT: Version 1: June 2001