Errp 20 Khami Rds 12th Ave and 5th ST Tender Docs 1

Road Authority Name: Ministry of Transport and Infrastructural Development.
GOVERNMENT OF ZIMBABWE
MINISTRY OF TRANSPORT AND INFRASTRUCTURAL DEVELOPMENT
EMERGENCY ROADS REHABILITATION PROGRAM 2 (ERRP2)

INVITATION TO BID: OUTPUT AND PERFORMANCE BASED CONTRACT
TENDER NO: MOTID / ERRP2/ 20 OF 2021 (LOT V- Z)

(Khami Road, Old Khami Road, 12TH Avenue, Matopos, Fife street overlay)
Road Authority Address: P.O. Box 3146, Ministry of Transport & Infrastructural
Development, Matabeleland North Province, Khami Road
, Bulawayo
Phone: +263 292 263 221

+263 712 883 038
+263794120
E-mail: [email protected], [email protected],

[email protected] and [email protected],
[email protected]
Date of issue: 09 JULY 2021
Closing date 20 JULY 2021 at 1100hrs
pg. 1
TENDER NUMBER: MOTID / ERRP2/ 20 OF 2021: LOT V-Z
CONTENTS
1. DEFINITIONS 4
2. INSTRUCTIONS TO BIDDERS 7
2.1 Type of Contract 7
2.2 Advance Payment 7
2.4 Retention of Payment 7
2.5 Variation in Price 7
2.6 Provision of Insurance 7
2.7 Performance Bond 7
2.8 Safety Health and Environment 7
2.9 Quality Assurance 8
2.10 Inspection and Testing 8
2.11 Site Visit 8
2.12 Sources of Gravel 8
2.13 Alternative Method Statement 8
2.14 Contractor to Provide Resources 8
2.15 Disputes 8
2.16 Language 8
2.17 Applicable law 8
2.18 Lot Limitation 9
2.19 Sub-Contracting 8
2.19 Scope Limitation 9
2.20 Programme of Work 9
2.21 Tax Clearance 9
2.22 Directors and Shareholders 9
2.23 Submission of Tenders 9
2.24 Acceptance of Tender 9
2.25 Currency of Bid 9
2.26 Bid Bond OR Bid Security. 10
2.28 Queries. 10
2.29 Prevention Of Corruption 11
3 EVALUATION CRITERIA 11
pg. 2
3.1 Mandatory Requirements 11
3.2 Technical Requirements 12
4. TENDER AWARD 12
5. CONDITIONS OF CONTRACT 13
5.1 General Conditions of Contract 13
6. SPECIFICATIONS 13
6.1 Standard Specifications 13
6.2 Particular Specifications 13
7. SCOPE STATEMENT 14
8. PROGRAMME OF WORKS 14
ANNEX 1: APPENDIX TO FORM OF TENDER 15
ANNEX 2: PROJECT SCOPE OF WORKS 16
ANNEX 3: FORM OF TENDER 17
ANNEX 4: PROPOSED KEY STAFF 19
ANNEX 5: EXPERIENCE RECORD 20
ANNEX 6 :CONSTRUCTION PLANT 21
ANNEX 7: UNDERTAKING FOR PROVISION OF PERFORMANCE BOND OR GUARANTEE 22
ANNEX 8: UNDERTAKING FOR PROVISION OF INSURANCE 23
ANNEX 9 :CERTIFICATE OF SITE VISIT (IF NECCESSARY) 24
ANNEX 10: FORM OFCONTRACT AGREMENT 25
ANNEX 11: FORM OF PERFORMANCE BOND OR GUARANTEE 31
ANNEX 12: FORM OF CERTIFICATE OF INSURANCE COVER 33
ANNEX 13: BANK GUARANTEE FOR ADVANCE PAYMENT 34
ANNEX 14: FINANCIAL PROPOSAL OR BILL OF QUANTITIES FORMAT 36
(attached).
pg. 3
DEFINITIONS
In the Contract (as hereinafter defined) the following words and expressions shall have the
meanings hereby assigned to them, except where the context otherwise requires:
“Employer” means the person named as such in the General Conditions and the legal
successors in title to such person, but not (except with the consent of the Contractor) any
assignee of such person.
“Contractor” means the person whose tender has been accepted by the Employer and the
legal successors in title to such person, but not (except with the consent of Employer) any
assignee of such person.
“Subcontractor” means any person named in the Contract as a Subcontractor for a part of
the Works or any person to whom a part of the Works has been subcontracted with the
consent of the Engineer and the legal successors in title to such person, but not any assignee
of any such person.
“Engineer” means the person appointed by the Employer to act as Engineer for the purposes
of the Contract and named as such in Part II of these Conditions.
“Engineer’s Representative” means a person appointed from time to time by the Engineer
under Clause 1.1(d).
“Contract” means these Conditions, the Specification, the Drawings, the Bill of Quantities,
the Tender, the Letter of Acceptance, the Contract Agreement (if completed) and such further
documents as may be expressly incorporated in the Letter of Acceptance or Contract
Agreement (if completed).
"Specification" means the specification of the Works included in the Contract and any
modification thereof or addition thereto made or submitted by the Contractor and approved
by the Engineer.
"Drawings" means all drawings, calculations and technical information of a like nature
provided by the Engineer to the Contractor under the Contract and all drawings, calculations,
samples, patterns, models, operation and maintenance manuals and other technical
information of a like nature submitted by the Contractor and approved by the Engineer.
"Bill of Quantities" means the priced and completed bill of quantities forming part of the
Tender
"Tender" means the Contractor's priced offer to the Employer for the execution and
completion of the Works and the remedying of any defects therein in accordance with the
provisions of the Contract, as accepted by the Letter of Acceptance.
"Letter of Acceptance" means the formal acceptance by the Employer of the Tender.
"Contract Agreement" means the contract agreement (if any) referred to in Sub-Clause
9.
"Appendix to Tender" means the appendix comprised in the form of Tender annexed to
these Conditions.
“Commencement Date" means the date upon which the Contractor receives the notice to
commence issued by the Engineer pursuant to Clause 41.
pg. 4
"Time for Completion" means the time for completing the execution of and passing the
Tests on Completion of the Works or any Section or part thereof as stated in the Contract
(or as extended under Clause 44) calculated from the Commencement Date.
"Tests on Completion" means the tests specified in the Contract or otherwise agreed by
the Engineer and the Contractor which are to be made by the Contractor before the Works
or any Section or part thereof are taken over by the Employer.
"Taking-Over Certificate" means a certificate issued pursuant to Clause 48.
"Contract Price" means the sum stated in the Letter of Acceptance as payable to the
Contractor for the execution and completion of the Works and the remedying of any defects
therein in accordance with the provisions of the Contract.
"Retention Money" means the aggregate of all monies retained by the Employer pursuant
to Sub-Clause 62.3.
"Interim Payment Certificate" means any certificate of payment issued by the Engineer
other than the Final Payment Certificate.
"Final Payment Certificate" means the certificate of payment issued by the Engineer
pursuant to Sub-Clause 64.1.
"Works" means the Permanent Works and the Temporary Works or either of them as
appropriate.
"Permanent Works" means the permanent works to be executed (including Plant) in

accordance with the Contract.
"Temporary Works" means all temporary works of every kind (other than Contractor's
Equipment) required in or about the execution and completion of the Works and the
remedying of any defects therein.
"Plant" means machinery, apparatus and the like intended to form or forming part of the
Permanent Works.
"Contractor's Equipment" means all appliances and things of whatsoever nature (other
than Temporary Works) required for the execution and completion of the Works and the
remedying of any defects therein, but does not include Plant, materials or other things
intended to form or forming part of the Permanent Works.
"Section" means a part of the Works specifically identified in the Contract as a Section.
"Site" means the places provided by the Employer where the Works are to be executed
and any other places as may be specifically designated in the Contract as forming part of
the Site.
"Cost" means all expenditure properly incurred or to be incurred, whether on or off the
Site, including overhead and other charges properly allocable thereto but does not include
any allowance for profit.
"Day" means calendar day.
"Foreign currency" means a currency of a country other than that in which the Works are
to be located.
pg. 5
"Writing" means any hand-written, type-written, or printed communication including telex,

cable and facsimile transmission.
pg. 6
INSTRUCTIONS TO BIDDERS
2.1 Type of Contract
This contract is a Lump Sum or Fixed Sum contract, inclusive of all taxes and statutory
obligations, and the price shall not be varied except as provided for in item 2.5 below.
2.2 Advance Payment
An agreed advance payment may be made to enable the Contractor to mobilise for
commencement of the works, provided an acceptable bank guarantee is provided by the
Contractor. It must not be more that 15% of the contract sum. The advance payment will
be fully recovered in the first Interim Payment Certificates (IPCs).
2.3 Payments to the Contractor
The claim of the works shall be in US$ and converted to $ZWL at the prevailing RBZ
auction mid-rate at the date of invoicing. The Contractor shall be paid two (2) interim
payment certificates (IPCs) including the advance payment, which would be based on the
proportion of competed and approved work.
2.4 Retention of Payment
The Employer shall retain part of the contract price as specified.
2.5 Variation in Price
There shall be no variation in contract price except:
a) Where a specific item of the works has been specifically stated as being a
measured item,
b) Where a variation work is required by the Employer, and
c) Where changes in statutory requirements lead to changes in the cost of the

contract.
The Contractor may propose variations to the Employer, which the Employer may or may
not accept.
2.6 Provision of Insurance
The Contractor shall provide insurance as required.
2.7 Performance Bond
The Contractor shall have a performance bond as required, covering the stipulated
maintenance period.
2.8 Safety Health and Environment
The Contractor shall meet the SHE requirements in accordance with the specifications and
industry practice.
2.9 Quality Assurance
The Contractor shall have an approved quality assurance scheme.
pg. 7
2.10 Inspection and Testing
The Employer and his personnel shall have access to the works site at all times for the
purpose of inspecting and testing the works.
2.11 Site Visit:
A compulsory site visit shall be held as follows:
LOT LOT DESCRIPTION DATE & TIME VENUE

NO.
v KHAMI Rd 14th of July 2021 Ministry of Transport and Infrastructural
at 0900hrs Development, CMU Building Khami road
w Old KHAMI Rd 14th of July 2021 Ministry of Transport and Infrastructural
at 1100hrs Development, CMU Building Khami road
x 12th AVENUE 13 July 2021 at Ministry of Transport and Infrastructural
0900hrs Development, CMU Building Khami road
y MATOPOS 13July 2021 at Ministry of Transport and Infrastructural
1200hrs Development, CMU Building Khami road
Z FIFE STREET OVERLAY 13July 2021 at Ministry of Transport and Infrastructural
PROJECT 1400hrs Development, CMU Building Khami road
Bidders may visit the site for the proposed works on their own to come up with a firm bid
price.
2.12 Sources of Gravel
The schedule of gravel pits shall be attached to the site visit minutes
2.13 Alternative Method Statement
Bidders may propose an alternative method statement for implementing the project, which
the Employer may or may not accept. Such alternative must be priced separately, in addition
to a price for the Employer’s method.
2.14 Contractor to Provide Resources
The Contractor shall provide all the resources, including materials and equipment, required
to execute the contract.
2.15 Disputes
Any disputes shall be settled through mediation initially, and if unresolved after 30 days shall
be settled through arbitration as provided for in the law.
2.16 Language
The language of this contract shall be English
2.17 Applicable law
The applicable law in this contract shall be the law of the Republic of Zimbabwe.
pg. 8
2.18 Lot Limitation
• A bidder is permitted to bid all lots but can only be awarded a maximum of one (1)
lot. The Client reserves the right to allocate lots.
• Bidders who have failed to complete works awarded to them by the Ministry of
Transport within stipulated time and are exhibiting signs of supervening impossibility
of performance are excluded to participate in this tender.
2.19 Sub-Contracting
This is a domestic tender, no sub-subcontracting is permitted unless authorized by the

Employer.
2.20 Scope Limitation
The Client reserves the right to limit the scope as they see fit in order to achieve earlier
completion or for any other reason.
2.21 Programme of Work
The Bidder shall submit a programme of works for the project, matching with the project
completion period stipulated in the Appendix to the Form of Tender, and indicating clearly
the mobilisation period.
2.22 Tax Clearance
A valid tax clearance certificate issued by the relevant authority will be required and should
be submitted with the bid. Failure to do so will lead to automatic disqualification.
2.23 Directors and Shareholders
Bidders shall provide a list of directors and shareholders of their companies, accompanied by
the relevant certified documentation such as CR14 forms and the section of the
Memorandum and Articles of Association with the relevant information and/or updated
shareholders’ schedule.
2.24 Submission of Tenders
All bids must be enclosed in sealed envelopes / boxes/ plastics endorsed on the outside with
the advertised TENDER NUMBER and the description, and must be posted in time to be
received by, or delivered by hand to the PMU Department, P.O. Box CY 595,
Causeway, 14TH Floor, Office Number 42, Kaguvi Building, Simon Muzenda
Street / Ahmed Ben Bella Avenue, Harare, before 12.00 hours on 20 July 2021
Bidder shall seal the ORIGINAL and THREE (3) copies of the bid in an inner and
outer envelope, duly marking the envelopes as "ORIGINAL" and "COPY".
2.25 Acceptance of Tender
The Employer is not obliged to accept any bid, and may accept the lowest priced bid that
meets the Employer’s requirements.
2.26 Currency of Bid
pg. 9
The Bid shall be submitted in United States Dollars currency payable in ZWL$ using the
prevailing auction rate from RBZ on the date of invoicing.
2.27 Bid Bond OR Bid Security.
Tender must be accompanied by a valid Bid Bond or Bid Security of ZW$50,000.00 that
shall be valid for a period of 90days after tender closing date plus an additional 30 days in
line with section 26 of the Procurement Regulations (Statutory Instrument 5 of 2018) as
amended.
Option 1: A Bank Guarantee in the Department of Roads’ name.
Option 2: A certified Bank Cheque in the Department of Roads’ name
Option 3: A Cash Deposit to the Procurement Regulatory Authority of
Zimbabwe (PRAZ).
If option 3 is chosen, the bidder shall pay an additional $ZWL16, 000.00 that shall be
non-refundable for cash bid bond establishment fee in line with Part IV of the Procurement
Regulations (SI5 of 2018) as amended.
2.28 Contract Administration Fees.
Bidders must confirm that they will pay Contract Administration fees to PRAZ upon
winning the tender in line with PART V of the Procurement Regulations (S.I. 5 of 2018).
Failure to comply with the above will lead to automatic disqualification
2.29 Queries.
If the bidder finds any obvious errors, doubtful or ambiguous descriptions or indistinct
figures, he/she must inform the A/Director – Procurement Management Unit (PMU) and
have the same rectified. No liability whatsoever will be entertained by the A/Director – PMU
in respect of errors due to the foregoing. The deadline for submission of queries is three (3)
days before the closing date of the tender.
2.30 Prevention of Corruption
The Department of Roads reserves the right to cancel this Contract and to recover from the
Contractor the amount of any loss resulting from such cancellation.
a) If the Contractor shall have offered or given or agreed to give to any person any gift
or consideration of any kind as an inducement or reward for doing or forbearing to do or for
having done or forborne to do any action in relation to the obtaining or execution of the
Contract, or any other Contract with the Ministry of Transport, or for showing or forbearing
to show favour or disfavour to any person in relation to the Contract or any other contract
with the Ministry of Transport;
b) If the like acts shall have been done by any person employed by such Contractor or
acting on his/her behalf (whether with or without the knowledge of the Contractor);
pg. 10
c) If in relation to any contract with the Department of Roads the Contractor or any
person employed by him or on his/her behalf shall have committed any offence under the
Prevention of Corruption Act.
3. EVALUATION CRITERIA
3.1 Mandatory Requirements
The bidder shall meet all the following mandatory requirements, failing which they shall be
automatically disqualified:
i. Attendance of site visit, where it is compulsory.
ii. Undertaking for Provision of Insurance and Performance (Annex 7&6).
iii. Tax clearance certificate
iv. Certificate of Registration with either CIFOZ/Local Government or ZBCA

(Category A , B and C )
v. CR14.
vi. Submission of programme of works for each Lot.
vii. Bidders must confirm that they will pay Contract Administration fees to PRAZ
upon winning the tender in line with PART V of the Procurement Regulations
(S.I. 5 of 2018).
viii. Bidders must submit, together with their bids, proof of payment of SPOC
Administration fees where the threshold requires payment of SPOC.
ix. Tender must be accompanied by a valid Bid Bond or Bid Security.
x. Bids shall remain valid for a period of 90 days from the closing date of
submission of bids with an option of 30 days extension.
3.2 Technical Requirements
The bid shall be evaluated for the following:
i. Submission of method statement
ii. Availability and adequacy of proposed staff: attach CVs of key personnel
iii. Availability of required equipment resources: Attach proof of ownership and or

hired of key equipment
iv. Ability to carry out the project: attach relevant previous experience
4. TENDER AWARD
The tender maybe awarded to the bidder with the lowest evaluated tender to specifications.
The employer reserves the right to reject all bids.
The award will take into account: -

pg. 11
i. Mandatory Administrative requirements.
ii. Technical Requirements.
iii. Price.
NB: A bidder who fails at a certain stage will not proceed to the next stage.
5. CONDITIONS OF CONTRACT
5.1 General Conditions of Contract
5.2 The contract is in accordance with the ZGCC4 General Conditions of Contract
6. SPECIFICATIONS
6.1 Standard Specifications
The specifications that will apply to this contract are the DOR and SADC specifications.
6.2 Particular Specifications
DOR Manual Part L: Maintenance
DOR Manual Part F: Construction
DOR Manual Part P: Materials Specifications
DOR Manual Part H: Construction Contracts
DOR Manual Part N: Materials Testing
DOR Manual Part D: Survey
DOR Manual Part G: Costing
Zimbabwe General Conditions of Contracts [ZGCC 4 ]
SHEQ Guidelines and Policy
Government of Zimbabwe Laws
pg. 12
7. SCOPE STATEMENT
See annexure 15
ANNEX 3: FORM OF TENDER
RE: MAINTENANCE WORKS LOT NUMBER………
To:
Sir;
1. Having examined the General Conditions of Contract for Works of Civil Engineering
Construction (1984) (ZGCC4), the Specifications for the execution of the above-named
works, in conformity with the said Conditions of Contract, Specification and Schedule
of Output and Performance for the sum of
US$......................................................................................................................
(In-Words)
...........................................................................................................................
............................................................................................................................
Or such other sum as may be ascertained in accordance with the said

Conditions.
2. We undertake to complete and deliver the whole of the Works in the Contract within
the time stated in and in accordance with the provisions of the Appendix hereto.
3. If our bid is accepted
Messrs....................................................................................................
have agreed to provide a 'Performance or Guarantee' in the form annexed hereto

whereby they will be jointly and severally bound with us in a sum equal to ten per
centum of the above named sum for the due performance of the Contract. In addition,
if our bid is accepted we will within 14 days of acceptance by you of our bid, comply
with all the provisions of the Conditions of Contract relating to insurances.
pg. 13
4. Unless and until a formal agreement is prepared and executed this Bid, together with
your written acceptance thereof, shall constitute a binding contract between us.
5. Provided that should the Performance Bond or Guarantee mentioned above have not
been obtained by us or should all the provisions of the Conditions of Contract relating
to Insurances not have been complied with by us within 14 days of the date of the
acceptance by you of this bid, then you should have the right to cancel the Contract.
On your so cancelling the Contract, the Contract shall become entirely null and void.
6. We understand that you are not bound to accept the lowest or any bid you may
receive.
We are Sir,
Yours faithfully,
Signature:
............................................................................................................................
Name: ……………………………………………………………………………………………………………..
Address: .............................................................................................................
…………………………………………………………………………………………………………………………
............................................................................................................................
Date: ..................................................................................................................
pg. 14
ANNEX 3: FORM OF TENDER
RE: MAINTENANCE WORKS LOT NUMBER ………
To:
Sir;
1. Having examined the General Conditions of Contract for Works of Civil Engineering
Construction (1984) (ZGCC4), the Specifications for the execution of the above-named
works, in conformity with the said Conditions of Contract, Specification and Schedule
of Output and Performance for the sum of
US$......................................................................................................................
(In-Words)
...........................................................................................................................
............................................................................................................................
Or such other sum as may be ascertained in accordance with the said

Conditions.
2. We undertake to complete and deliver the whole of the Works in the Contract within
the time stated in and in accordance with the provisions of the Appendix hereto.
3. If our bid is accepted
Messrs....................................................................................................
have agreed to provide a 'Performance or Guarantee' in the form annexed hereto

whereby they will be jointly and severally bound with us in a sum equal to ten per
centum of the above named sum for the due performance of the Contract. In addition,
if our bid is accepted we will within 14 days of acceptance by you of our bid, comply
with all the provisions of the Conditions of Contract relating to insurances.
4. Unless and until a formal agreement is prepared and executed this Bid, together with
your written acceptance thereof, shall constitute a binding contract between us.
5. Provided that should the Performance Bond or Guarantee mentioned above have not
been obtained by us or should all the provisions of the Conditions of Contract relating
to Insurances not have been complied with by us within 14 days of the date of the
pg. 15
acceptance by you of this bid, then you should have the right to cancel the Contract.
On your so cancelling the Contract, the Contract shall become entirely null and void.
6. We understand that you are not bound to accept the lowest or any bid you may
receive.
We are Sir,
Yours faithfully,
Signature:
............................................................................................................................
Name: ……………………………………………………………………………………………………………..
Address: .............................................................................................................
…………………………………………………………………………………………………………………………
............................................................................................................................
Date: ..................................................................................................................
pg. 16
ANNEX 4: PROPOSED KEY STAFF
Please provide the following personnel statistics.7
SECTOR & JOB NAME(s) & AGE YEARS OF EDUCATIO PRESENT PROPOSED RELEVANT
TITLE NATIONALITY EXPERIENC N POSITIO DESIGNATIO EXPERIENC
E N N E
Permanent
Staff8
General
Management
Administration
Technical
Management
Site Supervision
Others9
NOTE: 1. A summary of the work experience of each key Staff member shall be attached
2. Similar data is required for the consulting engineers
pg. 17
ANNEX 5: EXPERIENCE RECORD
Please complete a table below to summarize the major relevant projects related to this
contract carried out by the legal entity making this application.10
Name Of Contract Value Name Of Name Of Value* Of Works Schedules

Client Consultant/Engineer In Still To Be Completion
(Usd$)11
Charge Of Supervision Completed Date
TOTAL VALUES
*Value in US dollar using exchange rate prevailing 28 days before original due date
pg. 18
ANNEX 6: CONSTRUCTION PLANT
The Contractor shall state below what Construction Plant will be provided for work on the
Contract and shall indicate under the appropriate heading whether such Construction Plant
belongs to the Contractor or whether it will be hired under an agreement for hire or whether
it will be held under an agreement for hire purchase.
Contractor shall submit proof of ownership (in the form of Ownership certificate, hire
purchase agreements, hire agreements, lease agreements etc). The following is the
minimum list of plant inventory required for the execution of the contract:
ITEM PLANT DESCRIPTION CAPACITY QUANTITY REMARKS
1. Iron Roller/ Pneumatic roller 16 tonne 1 Owned
2. Motorized grader 140G 3 Owned
3. Water Bowsers 15m3 2
4.
5.
6.
7.
8.
9.
pg. 19
ANNEX 7: UNDERTAKING FOR PROVISION OF PERFORMANCE BOND OR

GUARANTEE
THIS IS TO CERTIFY THAT I/WE

...............................................................................................................................
of..........................................................................................................................
..............................................................................................................................
shall, if this Tender is accepted, provide a Performance Bond or Guarantee in favour of
Messrs.....................................................................................................................
of..................................................................................................................in the form

annexed to the General Conditions of Contract.
SIGNED.......................................
(SURETY & STAMP)
pg. 20
ANNEX 8: UNDERTAKING FOR PROVISION OF INSURANCE
THIS IS TO CERTIFY THAT if this Bid is accepted the under-mentioned shall provide
Messrs.........................................……………………..........................................................
of...................................……………................................................................................
.............................................................................and the Department of Roads where

applicable, with the insurances required under Clause 21 to 25 inclusive, of the General
Conditions of Contract (ZGCC4).
1. Insurance of Works, etc. ...........................
2. Damage to Persons Property ...........................
3. Third Party Insurance ...........................
4. Accident or Injury to Workmen ...........................
(INSURER)
NOTE: If completed by either an insurer or registered insurance broker, the undertaking will
be acceptable.
pg. 21
ANNEX 9: CERTIFICATE OF SITE VISIT
THIS IS TO CERTIFY THAT I
...............................................................................................
(Name of Representative)
of
....................................................................................................................................
(Name of Company)
in the presence of the Department of Roads' Engineer,

Mr………………………………………………………………………………………visited the site of the project
I carefully examined the site, with its proposed materials and water location and have
previously studied the Contract documents.
I have made myself familiar with all local conditions likely to influence the work and cost
thereof.
I FURTHER CERTIFY that I am satisfied with the description of the work and the
explanations given by the said Engineer and what I understand perfectly the work to be
done, as specified and implied, in the execution of this Contract.
Signed...............................................
(Contractor)
WITNESS.........................................
Signed..............................................
(Engineer)
Date:.................................................
NOTE: Subsequent to this Site visit, and until the specified closing date for receipt of
tenders, contractors are advised that all communications concerning this tender must be
directed to The Provincial Road Engineer.
pg. 22
ANNEX 10: FORM OF CONTRACT AGREMENT
CONTRACT NUMBER: …………………………………………………..
CONTRACT
A CONTRACT MADE THIS............... day of....................................2021
at...................................................................................................................
BETWEEN
The Government of Zimbabwe represented by the Minister of Transport and

Infrastructural Development and having its principal address of business at Kaguvi Building
Corner Simon Vengai Muzenda Street and Ahmed Ben Bella Avenue, Harare (hereinafter
called the “Client") of the one part:
AND
.......................................................................................................................................
of ………………………………………………………a company incorporated under the laws of

Zimbabwe and having its principal address of business at ..................................., Harare
(hereinafter called "the Contractor") of the other part.
WHEREAS the Client is desirous that certain Works should be constructed, viz:
………………………………………………….. ROAD MAINTENANCE WORKS
For the Sum of USD…………………………………………………………
(in Words....................................................................................................................).
NOW IT IS HEREBY AGREED as follows:
1. In this Contract words and expressions shall, unless the context otherwise requires, have the
same meaning as are respectively assigned to them in the General Conditions of Contract
(ZGCC4) hereinafter referred to.
pg. 23
2. The following documents shall be deemed to form, be read and construed as part of this
agreement, viz:
a) The said Bid (Tender)
b) Offer and Acceptance letter
c) Power of Attorney
d) The Drawings if available
e) General Conditions of Contract for Works of Civil Engineering Construction (ZGCC4) 1984
f) SATTC Standards (Road Markings and Road Signs).
g) The Department of Roads Standard Specifications (General and Special)
h) The Priced Bill Of Approximate Quantities Or Output And Performance Schedule.
i) The Certificate of Visit to Site if compulsory.
j) Any covering letters or orders in writing subsequently supplied to the Contractor and
signed by or on behalf of the Provincial Roads Engineer.
k) Minutes of the Site Hand-over conducted.
3. CONTRACT PERIOD
The parties have agreed that the contract period shall be ..............................weeks
inclusive of mobilisation period of............................................ week. Each Week shall
consist of calendar working days plus week-ends and shall exclude Public Holidays and
annual shutdown.
4. CONTRACT COMMENCEMENT
The Works are scheduled to commence on the................................ 2021.
5. COMPLETION OF CONTRACT
Construction of the Works shall commence on the………...............................2021 and the

Works/Contract shall be completed on or before the …………........................... 2021.
6. PERFORMANCE BOND
The successful Bidder shall furnish to the Ministry of Transport a security in the form of a bank
guarantee of contract in an amount equal to ten percent (10%) of the accepted bid sum within
fourteen (14) days of notification of the acceptance of the bid. The performance bond (Ministry
pg. 24
Format) shall be in the form of a certified cheque, bank draft, bank guarantee in original or
irrevocable Letter of Credit in USD$ and shall be payable to Ministry of Transport and
Infrastructural Development of the Government of the Republic of Zimbabwe. The
performance bond shall be from a registered commercial bank and not from an Insurance
company. The performance bond shall be released upon final completion of the
contract including the period of maintenance.
7. LIQUIDATED DAMAGES
If the Contractor should fail to complete the whole works on or before ....................., 2021
or any extension granted under clause 43 of the ZGCC4, the Contractor shall pay to the
Client 0.02% of the final Contract price per day. Deduction shall cease when 10% of the
Final Contract Price has been reached.
8. CONTRACT PRICE ADJUSTMENT
There shall be no variation in contract price except:
a) Where a specific item of the works has been specifically stated as being a measured
item,
b) Where a variation work is required by the Employer, and
c) Where changes in statutory requirements lead to changes in the cost of the contract.
9. RETENTION MONEY
Ten (10) percent shall be deducted from each Interim Payment Certificate and Deduction
shall cease when 5% of the accepted Contract Price has been reached.
Fifty (50) percent of the Retention Money shall be released at hand-over of the Road and
the remnant 50% shall be released after the Defect Liability Period subject to the issuance
of a Completion Certificate by the Project Engineer to the Contactor.
10. PROJECT ENGINEER
The Provincial Road Engineer shall be the Project Engineer whose function shall be
inter alia Supervision and Administration of the Contract.
11. CLIENT
The Department of Roads in the Ministry of Transport and Infrastructural Development shall
be the Client and the A/Director –Roads Operations in the Department of Roads shall act as
the Client’s Representative.
12. CLIENT’S ADDRESS
The Client’s physical address is 16th Floor, Kaguvi Building, Simon Vengai Muzenda Street/
Ahmed Ben Bella Avenue, Harare, Zimbabwe.
pg. 25
13. PAYMENT
i) Payment of Interim Payment Certificates and Interest on delay payment to the

Contractor shall be made as per ZGCC4 Clause 62.
ii) In consideration of the payments to be made by the Client to the Contractor as
hereinafter mentioned the Contractor hereby agrees with the Client to construct,
complete and maintain the Works in conformity in all respects with the provisions of
the Contract.
iii) The Client hereby agrees to pay the Contractor in consideration of the construction,
completion and maintenance of the Works in conformity in all respects with the
provisions of the Contract and the revised Contract Price at the times and in the
manner prescribed by the Contract.
14. NOTICES
Any Notices given to the Client or to the Contractor shall be written and served by sending
the same through registered post or by hand at the Client’s/Contractor’s given address.
15. VARIATION OF WORKS
There shall be no variation of works.
16. CONTRACT DETERMINATION
Should the Contractor fail to perform his obligations in accordance to the Contract the
Employer shall terminate the contract as per ZGCC4 Clause 65. Given that the Client fails to
carry out their obligation, the Contractor shall terminate the contract as per ZGCC4 Clause
66.
IN WITNESS whereof the parties thereto have hereunto set their hands
at .........................................................................................on the day and year first

above written.
FOR THE CLIENT

pg. 26
SIGNED by the said:..................................................... Designation: ………………………
(for and on behalf of the Client)

............................................................... Date……………………………………….
(Name in Capitals)
In the presence of Witness:
SIGNED .......................................................... ..............................................
(Witness) (Name in Capitals)
FOR THE CONTRACTOR
SIGNED by the said:.................................................... Designation:
(for and on behalf of the Contractor)
.....................................………………………… Date :.........................................................
(Name in Capitals)
In the presence of Witness :
SIGNED ............................................................. .................……………….........
(Witness) (Name in Capitals)

NOTE: Where either party is a Company, either the authority for the person signing on
behalf of the organisation should be annexed to this agreement, or the seal of the Company
should be impressed on the agreement in place of the signature and witnessed by the
proper officers of the Company in terms of the Articles of the Company.
pg. 27
ANNEX 11: FORM OF PERFORMANCE BOND OR GUARANTEE
1) PERFORMANCE BOND
WHEREAS the Department of Roads in the Ministry of Transport and Infrastructural

Development (hereinafter called the “Client”) has awarded the Contract for
……………………………………………………………………………………………………………………..
(hereinafter called the Contract) to :
.................................................................……………………..................................
.(hereinafter called the Contractor)
AND WHEREAS THE Contractor is bound by the said Contract to submit to the
Department of Roads a Bond in an amount equal to 10% of the Accepted Bid Sum for the
due and full performance of the Contract named above;
NOW WE
:..............................................................................................................................
do hereby bind ourselves as sureties in solidum and co-principal debtors for the due and full
performance of the Contract by the Contractor named therein, and for all losses, damages
and expenses that may be suffered or incurred by the Client as a result of non-performance
of the Contract by the Contractor provided however that our liabilities as sureties shall be
limited to the sum of
US$................................................................................................................................
..........................................................................................................(amount in words),
renouncing all benefits from the legal exceptions ordinisseuexcussions et divisionis "No value
received" and all other exceptions which might or could be pleaded against the validity of
this guarantee, with the meaning and effect of which exceptions we declare ourselves to be
fully acquainted; provided that the liability of the undersigned under this guarantee shall
lapse thirty days after the issue of the Final Certificate for the whole of the Works in terms
of the Contract, unless the Sureties are advised in writing by the Employer before expiration
of the said thirty days of his intention to instigate claims and particulars thereof, in which
event this guarantee shall remain in force until all such claims are paid or settled.
FOR AND ON BEHALF OF THE SURETIES
At ……………………………………… on this................................day of................…. 2021
Signed: ………………………….………………………………………….
(Name)
ADDRESS……………………………………………………………………………………………………………………
……………………………………………………………………..
………………………………………………………………………………..
pg. 28
AS WITNESSES..................................................................... Date
..................................………
ANNEX 12: FORM OF CERTIFICATE OF INSURANCE COVER
THIS IS TO CERTIFY THAT the under-mentioned insurance cover is held by
Messrs....................................................................................................................
of..........................................................................................................................
in terms of the General Conditions of Contract (ZGCC4) and that the Policies cover the full
duration of the Contract, together with any extensions thereof, subject to the premiums
being paid, and for the Period of Maintenance where required.
INSURANCE OF WORKS ETC. (CLAUSE 21)
............................................................................................................................
DAMAGE TO PERSONS AND PROPERTY (CLAUSE 22)
..............................................................................................................................
THIRD PARTY INSURANCE (CLAUSE 23)
..............................................................................................................................
ACCIDENT OR INJURY TO WORKMEN NOT COVERED BY THE WORKMEN'S

COMPENSATION ACT
..............................................................................................................................
Date : ....................................................................
Signed: ..........................................................................
(Insurer/Insurance Broker& Stamp)
Address..................................................................................................................
…….........................................................................................................................
pg. 29
ANNEX 13: FORM OF BANK GUARANTEE FOR ADVANCE MOBILISATION

LOAN
MINISTRY OF TRANSPORT AND INFRASTRUCTURAL DEVELOPMENT:
DEPARTMENT OF ROADS
P.O. Box 3146, CMU Building
Khami Road, Bulawayo
TENDER NUMBER: …………………….. LOT NO. …………….
Gentlemen;
In accordance with the Provision of the Conditions of Contract Section V11, Clause 7
“Advance Mobilisation Loan Security”,
Messrs...................................................................................................................
(hereinafter called the Contractor)
has to deposit with the Department of Roads an Advance Mobilisation Loan Security to
guarantee his proper and faithful performance on the Contract in the amount of:
US$......................................................................................................................
(in words):-............................................................................................................
.............................................................................................................................
We, the (Bank or Financial Institution) as instructed by the Contractor, agree unconditionally
to irrecoverably guarantee as primary obligator and not as surety merely, the payment to
the Department of Roads of Zimbabwe on its first demand without whatsoever right of
objection on our part and without its first claim to the Contractor, in the amount not
exceeding..............................…………………………………………………......................
(in
words)...............................................………………………...............................................
in the event of obligations expressed in the above-mentioned contract having not been
fulfilled by the Contractor giving the right of claim to the Department of Roads for recovery
of the advance payment from the Contractor under the Contract.
Insert the amount of Bank Guarantee which should equal the amount of advance
payment specified in the Conditions of Contract.
NOTE: Bidders are NOT required to fill in this form. This form shall only be completed by
the successful Bidder. We further agree that any change or addition to or other modification
pg. 30
of terms of contract of Works to be performed there-under or of the Specification or of other

Contract Document which may be made between the Department of Roads and the
Contractor shall not in any way release us from any liability under this guarantee, and we
shall thereby waive notice of any such change, addition or modification.
This Advance Mobilisation Loan Security shall be valid and in full effect from the date of the
advance payment under this Contract until the Department of Roads receives full refund of
the same amount by making deductions from interim payments to the Contractor.
Yours truly,
The.........................................................................................................................
(Bank or Financial Institution)
DATE..........................................
Note: Bidders are NOT required to fill in this form. This form shall only be completed
by the successful Bidder when applying for an Advance Mobilisation Loan.
pg. 31
ANNEX 14: FINANCIAL PROPOSAL OR BILL OF QUANTITIES FORMAT (attached).
Financial proposal to be based on the project scope (Annexure 2) using the attached Bill of
Quantities format.
pg. 32
Declaration by the Accounting Officer
I declare that the procurement is based on the neutral and fair technical requirements
and bidder qualifications.
Eng. TK Chinyanga_________________________________
Secretary for Transport and Infrastructural Development.
pg. 33
SCOPE STATEMENTS: LOT V-W
See annexure 15
Matabeleland North province (DoR) intends to carryout road routine maintenance works
on local authority roads and will be distributed in Lots as follows:
1. Khami road Lot V
2. Old Khami road Lot W
The scope of works includes the following pothole patching, crack sealing and edge
break repairs, drain clearing, grass cutting, bush clearing, reseals and asphalt overlay.
We therefore request from bidders for lump sum bids for these routine maintenance
works and to provide the Engineer with a detailed method statement on how you are
going to achieve the defined scope of work including the Quality assurance Plan
8. PROGRAMME OF WORKS LOT………………………..

This shall be in accordance with the Appendix to the Form of Tender (Annex 1),
indicating clearly the mobilisation period.
ITEM DESCRIPTION DURATION (WEEKS)
TOTAL
pg. 34
ANNEX 1: APPENDIX TO FORM OF TENDER
Item Clause Detail
Minimum amount of Third Party Insurance 23(2) US$ 10 000.00
Time within Works to be commenced after 50 Seven (7) days.

order
Time for Completion 54 Bidders to propose

(Maximum is 3 months)
Liquidated damages 58 0.02% of Contract sum per

day
Period of Maintenance 60 6 months
Percentage of Retention Money 87 10% of each IPC
Limit of Retention Money 87 5% of Contract Sum
Minimum Amount of Interim 87 US$100 000.00
Certification by the Engineer
Time within which payment to be made 89 30 days

after certification by the Engineer
SIGNATURE: .............................
pg. 35
ANNEX 2: OUTPUT AND PERFORMANCE SCHEDULE
PROJECT: OLD KHAMI ROAD MAINTENANCE WORKS
LOT W
Item Spec Description Unit Output Cost US$ Notes

Ref.
1 (i) Contractor’s General obligation LS 1 Inclusive of all

and site establishment fixed, value-related
and time -related
obligations
(ii) Accommodation of Traffic and LS 1

maintaining temporal deviations
2 (i) Provision of Engineer’s PC 1 10000

requirements SUM
(ii) Contractor’s mark up %
3 EXPECTED OUTPUT AND PERFORMANCE
3.1 Prepare surface pothole by KM 2.5 ch 0+000-1+000

cutting into shapes, clean the
ch 3+500-4+500
potholes, patch to full width
with suitable 2% stabilised
gravel and compact to minimum
LCE and premix patch to DoR
specifications
3.2 Construct 20mm thick concrete KM 1 ch 0+000-1+000

overlay
3.3 Reseal with pre-coated stone KM 1.5 Ch 3+500-4+500
3.4 (From Rail line:) Rip, scarify and KM 1.5 Ch2+000-3+500

compact to 91% MOD AASHTO
pg. 36

Ref.
existing to subgrade. Haul,

Dump, spread and compact to
98% MOD AASHTO base1
material, stabilised with 2%
cement. Surfaced with chip and
spray double seal, 19.0 and
10mm
3.5 Retro reflective road marking, 4 KM 4.5 ch 0+000-4+500

yellow and 2 white line broken/
unbroken
3.6 Road signages No. 10 Areas to be

directed by
Engineer
3.7 Premix pothole patching m2 Rate

only
Sub-Total
Contractor's Mark-up
Add Contingency (20%)
Value Added Tax (14.5%)
TOTAL PRICE
pg. 37
PROJECT: KHAMI ROAD MAINTENANCE WORKS LOT V

Ref.

and time -related
obligations


requirements SUM
3.1 Prepare surface pothole by KM 5.0 ch 0+000-5+000

(Inclusive of all
laybys and bus
stops and National
blanket area
between Old Khami
specifications
and Khami Road)
3.2 Construct 20mm thick concrete KM 1.0 (Inclusive of all

overlay sleep lanes)
3.3 Resealing KM 1.0 (Inclusive of all

sleep lanes)
pg. 38

Ref.
3.4 Retro reflective road marking, km 5.0 Ch 0+000-5+000

both yellow and white
broken/unbroken

only
Sub-Total
TOTAL PRICE
pg. 39
SCOPE STATEMENT
Matabeleland North province intends to carryout road routine maintenance works on local
authority roads and will be distributed in Lots as follows:
1. 12th Avenue Lot X
2. Matopos road Lot Y
break repairs, drain clearing, grass cutting, bush clearing, reseals and asphalt overlay.
We therefore request from bidders for lump sum bids for these routine maintenance
works and to provide the Engineer with a detailed method statement on how you are
going to achieve the defined scope of work including the Quality assurance Plan
PROGRAMME OF WORKS LOT………………………..

This shall be in accordance with the Appendix to the Form of Tender (Annex 1),
indicating clearly the mobilisation period.
pg. 40
TOTAL
Item Clause Detail

order

day
Minimum Amount of Interim 87 N/A

SIGNATURE: .............................
pg. 41
PROJECT: 12th AVENUE EXTENSION ASPHALT OVERLAY
LOT X

Ref.

and time -related
obligations


requirements SUM
pg. 42

Ref.
3.1 (i) Prepare surface pothole by KM 3.6 ch 7+200-10+800

(Inclusive of all
laybys and bus
stops)
specifications
(ii) Crack sealing KM 3.6 ch 7+200-10+800
(Inclusive of all
laybys and bus
stops)
(iii) Attend to edge drop using KM 3.6 ch 7+200-10+800

compacted gravel of 0.5 widths
both shoulders and seal with
premix patching to provide an
even surface.
3.2 Construct 20mm thick concrete KM 3.6 ch 7+200-10+800

overlay
(Inclusive of all
laybys and bus
stops)
3.3 Retro reflective road marking, 2 KM 3.6 ch 7+200-10+800

yellow and 1 white line broken/
unbroken
3.4 Bush clearing KM 3.6 ch 7+200-10+800
3.5 Road signages No. 8 Areas to be

directed by
Engineer

only
Sub-Total
pg. 43

Ref.
TOTAL PRICE
PROJECT: MATOPOS ROAD OVERLAY LOT Y

Ref.

and time -related
obligations


requirements SUM
pg. 44

Ref.
3.1 (i) Prepare surface pothole by KM 5.4 ch 0+000-5+400

(Inclusive of all
laybys and bus
stops)
specifications
(ii) Crack sealing KM 5.4 ch 0+000-5+400
(Inclusive of all
laybys and bus
stops)
3.2 (i) Construct 20mm thick concrete KM 2.4 (Inclusive of all

overlay laybys and bus
stops)
(ii) Resealing KM 1.9 Ch 1+700-1+900
Ch 3+700-
5+400(Inclusive of
all laybys and bus
stops)
3.3 Retro reflective road marking, km 5.4 Ch 0+000-5+400

both yellow and white
broken/unbroken
3.4 Road signages No. 8

only
Sub-Total
pg. 45

Ref.
TOTAL PRICE
SCOPE STATEMENT CONTINUE……..
LOT Z
Matabeleland North province (DoR) intends to carryout road routine maintenance works
on the Fife Street (from Harare Road to 23rd Street).
pg. 46
break repairs, drain clearing, and asphalt overlay. We therefore request from bidders
for lump sum bids for this work and to provide the Engineer with a detailed method
statement on how you are going to achieve the defined scope of work including the
Quality assurance Plan
8. PROGRAMME OF WORKS
This shall be in accordance with the Appendix to the Form of Tender (Annex 1), indicating
clearly the mobilisation period.
TOTAL

pg. 47
Item Clause Detail

order

day
Minimum Amount of Interim 87 USD 100 000.00

SIGNATURE: .............................
pg. 48
PROJECT: BULAWAYO FIFE STREET OVERLAY PROJECT

Ref.

and time -related
obligations


requirements SUM
3.1 Prepare surface pothole by KM 4 Section between 1st

cutting into shapes, clean the Street/ Harare road
potholes, patch to full width and 23rd Street.(
with suitable 2% stabilised width varies)
specifications
3.2 Construct 20mm thick concrete KM 4 Section between 1st

overlay Street/ Harare road
and 23rd Street.(
width varies)
pg. 49

Ref.
3.3 Retro reflective road marking, KM 4

yellow and white line broken/
unbroken, lettering and
symbols.
Sub-Total
TOTAL PRICE
pg. 50
pg. 51

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Road Authority Name: Ministry of Transport and Infrastructural Development.

MINISTRY OF TRANSPORT AND INFRASTRUCTURAL DEVELOPMENT

EMERGENCY ROADS REHABILITATION PROGRAM 2 (ERRP2)

TENDER NO: MOTID / ERRP2/ 20 OF 2021 (LOT V- Z)

Phone: +263 292 263 221

E-mail: [email protected], [email protected],

Date of issue: 09 JULY 2021

Closing date 20 JULY 2021 at 1100hrs

2.1 Type of Contract 7

2.2 Advance Payment 7

2.4 Retention of Payment 7

2.5 Variation in Price 7

2.6 Provision of Insurance 7

2.7 Performance Bond 7

2.8 Safety Health and Environment 7

2.9 Quality Assurance 8

2.10 Inspection and Testing 8

2.11 Site Visit 8

2.12 Sources of Gravel 8

2.13 Alternative Method Statement 8

2.14 Contractor to Provide Resources 8

2.17 Applicable law 8

2.18 Lot Limitation 9

2.19 Scope Limitation 9

2.20 Programme of Work 9

2.21 Tax Clearance 9

2.22 Directors and Shareholders 9

2.23 Submission of Tenders 9

2.24 Acceptance of Tender 9

2.25 Currency of Bid 9

2.26 Bid Bond OR Bid Security. 10

2.29 Prevention Of Corruption 11

3.1 Mandatory Requirements 11

3.2 Technical Requirements 12

5.1 General Conditions of Contract 13

6.1 Standard Specifications 13

6.2 Particular Specifications 13

ANNEX 1: APPENDIX TO FORM OF TENDER 15

ANNEX 2: PROJECT SCOPE OF WORKS 16

ANNEX 3: FORM OF TENDER 17

ANNEX 4: PROPOSED KEY STAFF 19

ANNEX 5: EXPERIENCE RECORD 20

ANNEX 6 :CONSTRUCTION PLANT 21

ANNEX 7: UNDERTAKING FOR PROVISION OF PERFORMANCE BOND OR GUARANTEE 22

ANNEX 8: UNDERTAKING FOR PROVISION OF INSURANCE 23

ANNEX 9 :CERTIFICATE OF SITE VISIT (IF NECCESSARY) 24

ANNEX 10: FORM OFCONTRACT AGREMENT 25

ANNEX 11: FORM OF PERFORMANCE BOND OR GUARANTEE 31

ANNEX 12: FORM OF CERTIFICATE OF INSURANCE COVER 33

ANNEX 13: BANK GUARANTEE FOR ADVANCE PAYMENT 34

ANNEX 14: FINANCIAL PROPOSAL OR BILL OF QUANTITIES FORMAT 36

"Taking-Over Certificate" means a certificate issued pursuant to Clause 48.

"Permanent Works" means the permanent works to be executed (including Plant) in

"Day" means calendar day.

"Writing" means any hand-written, type-written, or printed communication including telex,

2.1 Type of Contract

2.2 Advance Payment

2.3 Payments to the Contractor

2.4 Retention of Payment