369S_11_12 Ultra Violet Disinfection _FINAL DOC

1

TENDER DOCUMENT

GOODS AND SERVICES

SUPPLY CHAIN MANAGEMENT

SCM-542 Approved: 16/01/2012 by SCM Director Version: 2 Page 1 of 110

TENDER NO: 369S/2011/2012

MAINTENANCE OF ULTRAVIOLET DISINFECTION PLANT AND EQUIPMENT MAKING PROVISION

FOR SCHEDULED SERVICES, REPAIRS AND SPARES FOR POTSDAM AND BELLVILLE WASTE

WATER TREATMENT PLANTS

CONTRACT PERIOD: From commencement (1 July 2012) until 30 June 2015

TENDER SERIAL NO.:

CLOSING DATE: 15 May 2012 SIGNATURES OF CITY OFFICIALS

AT TENDER OPENING

CLOSING TIME: 10:00 AM 1

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TENDER BOX NUMBER: 81 3

TENDER FEE: R50.00 Non-refundable tender fee payable to City of Cape Town for a hard copy of the tender document. (This fee is not applicable to website downloads of the tender document – these are free of charge).

IMPORTANT NOTES TO TENDERERS:

a) Tenders must be properly received and deposited in the abovementioned tender box on or before the closing date and before the closing time at the Tender Submission Office, situated on the 2nd floor, Concourse Level, Civic Centre, Hertzog Boulevard, Cape Town.

b) No late tenders will be accepted under any circumstances. c) Tender offers must be submitted in a sealed envelope clearly reflecting the tender number and tender

description as indicated above. d) Only original tenders will be accepted. No copies will be accepted. For this tender to be valid on the closing

date, the Tender Offer (Part 2) and the offer part of the Contract Form (Part 3) must be signed by the tenderer and the tender price(s) must be inserted.

e) Do not dismember this tender document (do not take it apart, omit pages, change wording or put documents

between its pages). All other documents must be attached to Schedule 14.

f) A strongly recommended Briefing Session will be held on Monday, 23 April 2012, at 9:00, in the

Boardroom, EAM Water and Sanitation, Ruyger Street, Ndabeni

TENDERER

NAME of Company/Close Corporation or Partnership /Consortium/ Joint Venture or Sole Proprietor /Individual

TRADING AS (if different from above)

CITY OF CAPE TOWN VENDOR

DATABASE REGISTRATION NUMBER: (See para 6.14 of Conditions of Tender)

Tender Number: 369S/2011/12

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INDEX

Part Description Page

1 Details of Tenderer 4

2 Tender Offer 5

3 Contract Form 6 - 7

4 Price Schedule 8-16

5 Specification 17-31

6 Conditions of Tender 32-35

7 Evaluation Criteria 36-39

CONDITIONS OF CONTRACT

8 Special Conditions of Contract 40-43

9 General Conditions of Contract 44-53

SUPPORTING SCHEDULES

1 Resolution by Directors/Members 54

2 Certificate of Authority for Partnerships/Consortiums/Joint Ventures 55-56

3 Declaration for Procurement above R10 million (VAT included) 57

4 Preferencing Schedule 58-60

5 Declaration of Interest – State Employees 61-63

6 Declaration – Conflict of Interest 64

7 Declaration of Tenderer’s Past Supply Chain Management Practices 65

8 Authorisation for the Deduction of Outstanding Amounts owed to the City of Cape

Town 66

9 Guarantee/Performance Security and List of Approved Financial Institutions 67

10 Contract Price Adjustment and Rate of Exchange Variations 68-70

11 Occupational Health and Safety – Agreement in terms of Section 37(2) 71-72

12 Certificate of Independent Tender Determination 73-74

13 Project Labour Report 75

14 List of other documents attached by tenderer 76

ANNEXURES

A Compliance Questionare

B Previous Experience

C Qualification of staff

C Designation of staff

D Particulars of Vehicles, Workshop address and List of Equipment

E Health and Safety Specification in terms of maintenance activities of Ultraviolet Disinfection Plant and

Equipment

F Occupational Health and Safety Agreement for work undertaken by contractors/mandataries

G Simulated Maintenance Project


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(1) DETAILS OF TENDERER

Name of Company / Close Corporation

or

Partnership / Consortium / Joint Venture

or Sole Proprietor / Individual

Trading as (if different from above)

Company / Close Corporation

registration number

Postal address

Postal Code __________

Physical address

Postal Code __________

Contact details of the person duly

authorised to represent the tenderer

Name: Mr/Mrs ________________________________________

Telephone:( ____ ) ______________ Fax:( ____ ) ___________

Cellular Telephone:____________________________________

E-mail address:_____________________________________________

Income Tax number ________________________________________________

VAT registration number ________________________________________________


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(2) TENDER OFFER

2.1 I, ________________________________________________ (duly authorised to represent the tenderer for

the purpose of this tender), hereby tender to supply all or any of the goods and/or render all or any of the services described in the attached document to the City of Cape Town (‘CCT’) on the terms and conditions stipulated in this tender document and in accordance with the specification stipulated in the tender document at the prices reflected in the Contract Form/Price Schedule.

2.2 The tenderer agrees that:

2.2.1 the tender offer submitted shall remain valid, irrevocable and open for written acceptance by the CCT for a period of 120 (one hundred and twenty) days from the closing date or for such extended period as may be applicable;

2.2.2 the tender offer will not be withdrawn or amended during the aforesaid validity period; 2.2.3 notwithstanding the above, the tenderer may submit a written request to the CCT after the closing

date for permission to withdraw the tender offer. Such withdrawal will be permitted or refused at the sole discretion of the CCT after consideration of the reasons for the withdrawal, which shall be fully set out by the tenderer in the written request for withdrawal;

2.2.4 should the tender offer be withdrawn in contravention of 2.2.1 to 2.2.3 above, the tenderer agrees

that: a) it shall be liable to the CCT for any additional expense incurred by the CCT in having either to

accept another tender or, if new tenders have to be invited, the additional expenses incurred by the invitation of new tenders and the subsequent acceptance of any other tender;

b) the CCT shall also have the right to recover such additional expenses by set-off against moneys which may be due or become due to the tenderer under this or any other tender or contract or against any guarantee or deposit that may have been furnished by the tenderer or on its behalf for the due fulfilment of this or any other tender or contract. Pending the ascertainment of the amount of such additional expenses, the CCT shall be entitled to retain such moneys, guarantee or deposit as security for any loss the CCT may suffer due to such withdrawal.

2.3 The tenderer agrees that this tender and its acceptance shall be subject to the terms and conditions contained

in the CCT’s Supply Chain Management Policy (‘SCM Policy’) and Combating of Abuse of the Supply Chain Management System Policy (‘Abuse Policy’).

___________________________ Signature(s) ___________________________ Print name(s): On behalf of the tenderer (duly authorised) ___________________________ Date

INITIALS OF CITY

OFFICIALS

1 2 3


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(3) CONTRACT FORM

369S/2011/12 – Maintenance of ultraviolet disinfection plant and equipment making provision for

scheduled services, repairs and spares for Potsdam and Bellville waste water treatment plants

PART 1 (TO BE FILLED IN BY TENDERER):

THE TENDERER (delete columns not applicable):

If Company or Close Corporation

If Natural Person/Sole Proprietor If Partnership/Consortium/Joint

Venture

Registered name:

Full names:

Name of Partnership/Consortium/Joint Venture formed:

Registration number:

Identity number:

AND WHO IS represented herein by: (full names of signatory) _____________________________ duly authorised to act on behalf of the Tenderer in his capacity as: (title) _____________________

HEREBY AGREES THAT by signing the Contract Form, the Tenderer: 1. confirms that it has examined the documents listed in the Index (including Schedules and Annexures)

and has accepted all the Conditions of Tender;

2. confirms that it has satisfied itself as to the correctness and validity of the tender; that the price(s) and rate(s) quoted cover all the goods and/or services specified in the tender documents; that the price(s) and rate(s) cover all its obligations and accepts that any mistakes regarding price(s), rate(s) and calculations will be at its own risk;

3. offers to supply all or any of the goods and/or render all or any of the services described in the tender document to the City of Cape Town in accordance with the: 3.1 terms and conditions stipulated in this tender document; 3.2 specifications stipulated in this tender document; and 3.3 at the price reflected in the space provided below; or, in the case of ‘rates’ tenders,

as set out in the Price Schedule (Part 4).

4. agrees that the following documents shall form the Contract between the parties in the event that the Tenderer is successful: 4.1 Price Schedule 4.2 Specification 4.3 All Declarations 4.4 General Conditions of Contract; and 4.5 Special Conditions of Contract.

5. accepts full responsibility for the proper execution and fulfilment of all obligations and conditions

devolving on it in terms of this Contract. SIGNED AT______________________ON THIS THE_________DAY OF______________20____ _________________________________ Signature(s) _________________________________ Print name(s): On behalf of the tenderer (duly authorised) _________________________________ Date

INITIALS OF CITY

OFFICIALS

1 2 3


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PART 2 (TO BE FILLED IN BY THE CITY OF CAPE TOWN)

CONTRACT NO: 369S/2011/12 – Maintenance of ultraviolet disinfection plant and equipment making

provision for scheduled services, repairs and spares for Potsdam and Bellville waste water treatment

plants

By signing this Contract Form the City of Cape Town (also referred to as the ‘Purchaser’):

1. accepts the offer submitted …………………………………………………………, thereby concluding a

contract with the Tenderer for a contract period commencing on …………………… and terminating on

30 June 2015.

2. undertakes to make payment for the goods/services delivered in accordance with the terms and

conditions of this Contract.

SIGNED AT_______________________ON THIS THE_________DAY OF_________________20______ ______________________________ Signature(s) _______________________________ Print name(s): (duly authorised in terms of the System of Delegations as approved by Council) _______________________________ Date


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(4) PRICE SCHEDULE

Pricing Instructions:

4.1 All prices shall be tendered excluding VAT but including customs or excise duty and any other duty, levy, or

other applicable tax. 4.2 All prices shall be tendered in accordance with the units specified in this schedule. 4.3 All prices tendered must include all expenses, disbursements and costs (e.g. transport, overheads,

accommodation etc) that may be required in and for the execution of the work described in the Specification, and shall cover the cost of all general risks, liabilities and obligations set forth or implied in the Contract as well as overhead charges and profit (in the event that the tender is successful). All prices tendered will be final and binding.

PRICES SUBJECT TO ADJUSTMENT

4.4 Prices tendered below shall be subject to adjustment in accordance with Schedule 10.

4.5 Tenderer to tender on all items

4.6 Rates will be evaluated on a fictitious project created on year 1. The tender will be evaluated for

Potsdam and Bellville, thereafter the City reserves the right to award per Treatment Plant. The award

will be based on the best financial offer to the City.

INITIALS OF CITY

OFFICIALS

1 2 3


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A1 EQUIPMENT SERVICE

YEAR ONE (1) POTSDAM

NR DESCRIPTION OF TYPE OF MAINTENANCE REQUIRED REFER TO ANNEXURE A RATE FOR TYPE OF SERVICE

Excl. VAT

A1.1 Daily Maintenance

A1.2 Weekly Maintenance

A1.3 Monthly Maintenance

A1.4 3 Monthly Maintenance


A1.6 Yearly Maintenance

A1.7 2 Yearly Maintenance

A1.8 12,000 hrs Maintenance

Consult Annexure B, Maintenance Schedule

A2 EQUIPMENT SERVICE

YEAR ONE (1) BELLVILLE

NR DESCRIPTION OF TYPE OF MAINTENANCE REQUIRED REFER TO ANNEXURE A RATE FOR TYPE OF SERVICE

Excl. VAT

A1.1 Daily Maintenance

A1.2 Weekly Maintenance

A1.3 Monthly Maintenance



A1.6 Yearly Maintenance

A1.7 2 Yearly Maintenance

A1.8 12,000 hrs Maintenance

Refer to Schedule 1, Maintenance Schedules


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B1 MISCELLANEOUS

YEAR ONE (1)

NR DESCRIPTION UNIT RATE

Excl. VAT

B1.1 TRANSPORT

B1.1.1 Sedan vehicle R/km

B1.1.2 Light delivery half ton vehicle R/km

B1.1.3 Light delivery 1 ton vehicle R/km

B1.1.4 Truck, 3 ton flat bed R/km

B1.1.5 Driver R/hr

B1.1.6 Technical supervisor/site agent R/hr

B1.1.7 Administration staff R/hr

B1.1.8 Mechanical fitter R/hr

B.1.1.9 Instrumentation technician R/hr

B.1.1.10 Instrumentation mechanician R/hr

B1.1.11 Artisan, electrician R/hr

B1.1.12 Handyman R/hr

B1.1.13 Labourer R/hr

B1.1.14 Process Control System Integrator (PLC and SCADA) R/hr

B1.1.15 Canadian Trojan Specialist staff (including all costs e.g. Travelling, accommodation etc) R/Daily

B1.1.16 Refurbishing of hydraulic pump system (HCS). Annual overhaul of complete pump assembly and associated equipment and issue certificate of service.

Item


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C1 ITEMIZED EQUIPMENT:

NR PART NUMBER DESCRIPTION UNIT SUPPLY RATE

Excl. VAT

INSTALL RATE

Excl. VAT

C1 Common Components

C1.1 912356-001 Board, MCB 220-277V Standard Each

C1.2 316135-060 Lampholder, Amalgam 4 wire 60" Each



C1.5 316505-078 Lampholder Each

C1.6 316168 O-Ring Seal Each

C1.7 316144 O-Ring, Sleeve Seal Each

C1.8 316145 O-Ring, Sleeve Support Each

C1.9 316148 Sleeve Cup Nut Each

C1.10 316174 Rubber grommet Each

C1.11 002230 Nylon bushing Each

C1.12 316141 Leg isolator plug Each

C1.13 012015 Swash plate Each

C1.14 302394 Brass nut Each

C1.15 306143 Expansion bolt Each

C1.16 901376 Spring, SS Compression Each

C1.17 326111 Cylinder, Wiper Each

C1.18 302455 Plug, 6P 16AWG STW 90Deg 6' Each

C1.19 912706 Relay Board Each

C1.20 328508 Communications Control Board 24PT Each

C1.21 931087 Processor for 931086 CCB Each

C1.22 912519 Maxim chip transceiver RS 485/422 Each


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Excl. VAT

INSTALL RATE

Excl. VAT

C1.23 912107-230 Type ‘M’ I/O Board Each

C1.24 316 SST Quartz, Teflon

UV3 + Module (UVM 8-64+) Requirement – ActicleanTM Cleaning System (ACS)

Each

C1.25 015239 Sensor Sleeve Each

C1.26 914374-008 Power cord Each

C1.27 302839-072 Power cord Each

C1.28 316074 Power cord receptacle/Power Distribution Centre Each

C1.29 912261-013 Sensor cord receptacle/ Power Distribution Centre Each

C1.30 316509 End cap o-ring Each

C1.31 912519 Transceiver chip, RS 485 Each

C1.32 914375 Fuse, 1 Amp 250 Volt SB 5 x 20 mm Each

C1.33 791309 Fuse, 5 Amp 250 V SB Each

C1.34 912705 Fuse, 12 Amp 600 Volt Each

C1.35 912706 Relay board Each

C1.36 444295 Hydraulic oil R/Litre

C1.37 907384 Hydraulic oil filter element Each

C1.38 907384 Filter element Each

C1.39 328023 Wire harness Mog Pri (MCB to Ballast) Each

C1.40 328024G Lamp wire harness Each

C1.41 328078 Main power harness Each

C1.42 328029G Ribbon cable Each

C1.43 326411 Hydraulic cylinder Each

C2 Carriage Components

C2.1 011047 Nut, Locking Wiper Carriage Each

C2.2 010116 Washer, Wiper Carriage Each

C3 Canister Components


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Excl. VAT

INSTALL RATE

Excl. VAT

C3.1 327027 Fitting, plastic (2 per canister), Fitting, inter-wiper, straight

Each

C3.2 327066 Fitting, plastic 90° elbow, Fitting, inter-wiper 90deg elbow

Each

C3.3 327039 Seal Kit, UV3000Plus Each

C3.4 327122 Seal kit (plastic canisters) Each

C3.5 327030 Tube, 1/4 diameter Viton (price per inch) Each

C3.6 327043 Snap ring (2 per canister) Each

C3.7 010301 Vent Screw, hydraulic cylinder Each

C3.8 327765 Adapter, pressure relief Each

C3.9 327115G Wiper canister Each

C4 Canister Gel Filler Components

C4.1 327095 Plug, Rubber Wiper Filler (top vent and bottom filler) (Qty 2 (2 per module))

Each

C4.2 010081 Screw, Top Vent (Sensor Only) Each

C5 Miscellaneous Wiper Components

C5.1 327059 Collar - 3.0" spacing (notched for cylinder) Each

C5.2 327056 Collar - 1-1/2" tall Each




C5.6 327080 Collar – UV3+ Sensor Each

C5.7 327081 Collar – UV3+ Sensor 3.0 (notch) Each

6. Lamps, Sleeves & Ballast

C6.1 903988-001 Ballast, UV3+ Standard Each

C6.2 915378 Ballast kit Each

C6.3 302503 Lamp, GA56T6 Amalgam (sensor sleeve only) Each


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Excl. VAT

INSTALL RATE

Excl. VAT

C6.4 302509 Lamp, GA64T6 Amalgam Each

C6.5 794447-0 GN Lamp Each

C6.6 794447-0 RD Lamp Each

C6.7 316254 Sleeve Assy., Sensor (complete with Lamp P/N 302503) Each

C6.8 316136 Sleeve, Quartz, 28mm X 25mm X 1950mm domed, flared

Each

C7 Wiper Drive Cylinder

C7.1 005066 Grease, Food Grade Each

C7.2 326399 Grease, Nipple Each

C7.3 005067 Grease Gun Each

C8 Miscellaneous

C8.1 901507 ActiCleanTM Gel Each

C8.2 327096 Pressure Injector, Gel UV3+PLG Each

C8.3 327066 Injector Tip Fitting, 90 Deg. elbow Each

C8.4 316387 Trojan UV3 Plus Customised UV light module, CU 8300W0E2, left

Each

C8.5 316387 Trojan UV3 Plus Customised UV light module, CU 8300W0E2, right

Each

C8.6 316387 Trojan UV3 Plus Customised UV light module, CU 8300W0E2, with holder for UV sensor mount

Each

C8.7 905107 Photometer kit Each

C8.8 905037 Photometer Each

C8.9 N/A 1500 VA Online Uninterruptable Power Supply (Aros) Each

C8

Twin lift channel gates

Upstream isolation gate

Make and type: Gereg, Fulton slot mounted channel

gate

GA sketch no. Q-4177/1A


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Excl. VAT

INSTALL RATE

Excl. VAT

C8.1

Electrical actuator mounted inter-connected spindle gearbox Ratio Twin-2:1 Hand wheel diameter 200 mm Handwheel rim force to raise 30 N Handwheel gear ratio (Actuator) 11:1

Each

C8.2 Interconnected spindle gearbox, ratio Twin-2:1 Each

C8.3 316 Stainless steel spindle Each

C8.4 Spindle guides, bronze Each

C8.5 Spindle cover tubes, perspex Each

C8.6 Handwheel Each

C8.7 Isolation gate seals, set, Material EPDM Each

C9

Twin lift channel gates

Upstream isolation gate

Make and type: Gereg, Fulton slot mounted

downward opening weir gate

GA sketch no. Q-4177/2

C9.1

Electrical actuator mounted inter-connected spindle gearbox Ratio Twin-2:1 Hand wheel diameter 200 mm Handwheel rim force to raise 30 N Handwheel gear ratio (Actuator) 11:1

Each

C9.2 Interconnected spindle gearbox, ratio Twin-2:1 Each

C9.3 316 Stainless steel spindle Each

C9.4 Spindle guides, bronze Each

C9.5 Spindle cover tubes, perspex Each

C9.6 Handwheel Each

C9.7 Isolation gate seals, set, Material EPDM Each

C10 UV Control Centre General Components


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Excl. VAT

INSTALL RATE

Excl. VAT

C10.1

Allen-Bradley Panelview Plus700 Logic Module 2711P_T7C4D1, 24 VDC, 70 Watt, Human Machine Interface complete

C10.2 Allen Bradley PLC CPU, CompactLogix, L35E

C10.3 Allen Bradley PLC Analog Input Card

C10.4 Allen Bradley PLC Analog Output Card

C10.5 Allen Bradley PLC Digital Input Card

C10.6 Allen Bradley PLC Digital Output Card

C10.7 Remote Access Dial-In Ethernet Switch

C10.8 Pro Link Ethernet communications module

C10.9

Phoenix Contact Quint Power Supply 100 Volt – 240 Volt Input, 22.5 Volt – 28.5 Volt DC output

C10.10

Siemens MultiRanger 100, 3 Relay, 240 Volt Ultrasonic level

C10.11

Siemens ultrasonic level transducer, EcoMax XRS 10 meter range with 5 meter cable

C10.12

Trojan UV 3000 Plus HMI control panel enclosure, IP 55 with lockable handle and two hinges on left side of front door

C10.13 94.04 Finder relay socket

C10.14 56.34 Finder relay, 24 VDC

C10.15 97.02 Finder relay socket

C10.16 46.52 Finder relay, 24 VDC

C10.17

Aros 1400 VA, 950 Watt, 240 input, 7.7 ampere, Output 240 Volt, 6.4 – 7.4 ampere online UPS_- Uninterruptable Power Supply


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(5) SPECIFICATION

5.1 SCOPE

5.1.1 PHILOSOPHY

City of Cape Town, Water Directorate acknowledges that the maintenance of the water reticulation and infrastructure is one of the main pillars of service delivery as mentioned several times by the President in his State of the Nation address. The Premier of the Western Cape has also committed Local Government to improved delivery of services.

Access to clean water is considered a human right.

5.1.2 VISION

City of Cape Town has decided to make a conscious effort to improve the condition of its water delivery infrastructure. The purpose of this tender and ultimate contract is to appoint a service provider that will carry out reactive and pro-active maintenance. This should keep the availability of fresh clean water at an acceptable level.

Waste water shall be treated properly before release into the City waterways or sea.

5.1.3 OBJECTIVE

Engineering and Asset Management (EAM) is seeking the services of suitable qualified service provider to render a service to Engineering and Asset Management for the servicing of all types of electric motors which would include the electric motors and associated components of Trojan ultraviolet disinfection plant and equipment at Potsdam waste water treatment and Bellville waste water treatment plants. All services will be coordinated and managed by Engineering and Asset staff. The services will be required and executed as per Schedule 1.

Services will consist of:

Periodic pro-active maintenance on site tasks at Potsdam waste water treatment and Bellville waste water treatment plants, which are defined by SAP pro-active maintenance work orders.

Condition monitoring of equipment in order to ensure reliability and availability of equipment and also fault finding to determine certain undesirable conditions.

High degree of administration of technical on site recorded data is required and reporting thereof to the Engineering and Asset Management section. This would include the completion of SAP PM 42 maintenance work orders and also the service records of all equipment in the vendor’s workshop facilities and also on work performed on site.

Transport for the collection of equipment from and delivery to the City Of Cape Town’s premises as required.

Provision of all materials, consumables, spares, contractor’s equipment, supervision, skilled labour necessary for the repair of equipment described elsewhere

Dismantling, cleaning, inspection, reporting, repair, servicing, reconditioning of equipment,

Testing of equipment and submission of prescribed test reports and guarantees,

Delivery to and off loading of equipment to sites advised by the Employer,

Installation of equipment,

Pre determined planned on site services inspections and reporting thereof,


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As and when required specialist services from Trojan parent company representatives in Canada, in order to identify and rectify possible problems,

The Employer has implemented a pro-active maintenance program based on several variables. Feedback provided by the Contractor will inform this program. Feedback required from the contractor will demand the ability of the contractor to collect, record and report the data collected. The information required from the contractor would be such as documents listed elsewhere in the document such as SAP PM work order schedules, Wiper Seal Check, ActiCleanTM Gel Check, Sleeve Check, System Operating Parameters, SAP Attribute returnables etc.

The contractor will at the start of the contract and within one month (31 calender days) after adjudication of the contract, issue the Engineering and Asset Management section project manager with a copy of the as built Programmable Logic Controller and Human Machine Interface software.

Engineering and Asset Management will list all the equipment identified required for services. This list is generated by the maintenance module of the SAP system.

This contract will ensure that regular and approved quality services are implemented against assets within the Water and Sanitation Branch.

5.2 IMPORTANCE OF EQUIPMENT

5.2.1 The City has evaluated all equipment and has graded it as:

Critical; failure will mean that un-disinfected treated effluent may enter the water

system and pollute waterways.

Very important; failure will mean that waste water will enter the storm water system and pollute waterways.

Medium importance; also important but standby capacity exists. Where remaining functioning uv modules can do the work. Result dependant.

Low importance; where service delivery can continue without significant disruption.

This exercise has put the City in a position to concentrate resources on the very important equipment and operate the rest on a “run to failure” principle.

5.3 DEFINITIONS

5.3.1 “City of Cape Town” elsewhere referred to as employer shall be represented by the Director: Water and Sanitation or his designated representative.

5.3.2 “Employer” shall mean the Directorate responsible for the potable and waste water in the City Of Cape Town.

5.3.3 “Contractor” shall mean a service provider appointed by the City of Cape Town to perform maintenance on and refurbish electrical equipment on behalf of the City.

5.3.4 “Engineer” shall mean the EAM Electrical or Mechanical Maintenance Manager or his designated representative and project co-ordinator who is also responsible for the execution of the works specified.

5.3.5 “Client” shall mean the City Of Cape Town or its designated representative.

5.3.6 “Equipment” shall mean ultra violet disinfection plant.

5.4 APPLICABLE LEGISLATION AND SPECIFICATIONS

5.4.1 The Contractor shall note that the list below is not all inclusive.

5.4.2 Occupational Health and Safety Act of 1993 (OHS Act, 1993) as amended including all Regulations promulgated since.


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5.4.3 Environment Conservation Act, 1989

5.4.4 SANS 9000, Quality management systems – Fundamentals and Vocabulary

5.4.5 SANS 9001, Quality management systems – Requirements

5.4.6 SANS 9004, Quality management systems – Guidelines for Performance Improvements

5.4.7 SANS 14001, Environmental Management Systems – Requirements with guidance for use.

5.4.8 National Environmental Management Act 1998 (as amended) (Act 107 of 1998)

The contractor shall ensure that he is in possession of the latest applicable legislation and specifications..

5.5 QUALITY CONTROL AND QUALITY PLAN

5.5.1 The Contractor shall have a Safety Plan in operation. A copy of the plan must be submitted to City of Cape Town as part of the returnable document.

5.5.2 The Contractor shall submit the results of the most recent audit on the quality plan with the returnable document. These audits shall be done by an accredited body which shall provide a certificate of compliance after each audit.

5.5.3 The quality plan shall comply to the ISO 9000 series of standards or similar accepted by the employer.

5.5.4 City of Cape Town reserves the right to carry out an inspection and inspect the premises of the Contractor. The purpose of the inspection shall be to acquaint City staff that work is carried out in accordance to the plan and also to ensure that the contractor have the appropriate facility and equipment and is in a position to service the assets of the City Of Cape Town to acceptable standards. The contractor shall have the required Quality Management Documentation as required by ISO and/or SABS available during such inspections.

5.5.5 Quality documentation shall be kept for at least one (1) year after which it shall be transfered to the City of Cape Town. This includes test and calibration certificates which shall accompany the equipment it pertains to when such equipment is returned to service or a City of Cape Town store.

5.5.6 Quality documentation relevant to this tender shall remain the property of City of Cape Town and shall never be re produced in any manner other to than to fulfill the obligations of this tender.

5.5.7 The Contractor shall keep an up to date inventory of all special tools, jigs, test equipment or any other apparatus used in the repair and maintenance of the equipment. These shall be inspected and/or calibrated on a regular basis as required by the quality plan of the Contractor. The inspection and/or calibration certificates shall be made available when so requested by the Engineer.

5.6 FACILITIES

5.6.1 The Contractor’s workshop shall be based in the municipal area of the City Of Cape Town or not exceeding 100 kilometers from the nearest plant. It is essential that the contractor is operating from a fully operational workshop in the City Of Cape Town. All work to the contractor’s workshop needs to be inspected during certain phases of repairs or refurbishments by the staff of Engineering and Asset Management. The contractor would be required to make equipment available for inspection at all times in Cape Town on request of the project manager.

5.6.2 The Employer reserves the right to inspect the facility or facilities that will form part of the contract. The location of the facility or facilities shall be returned as part of the returnable documents. Refer to Annexure D.


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5.6.3 Facilities shall comply to the SANS standards mentioned under clause 5.4 above.

5.6.4 The Employer reserves the right to inspect the facility or facilities as submitted by the Contractor at any time during the course of the contract.

5.7 RECORD KEEPING

5.7.1 PLANT MAINTENANCE

Information and data that becomes available during the repair or maintenance of the equipment shall be handed to the Employer for capturing on the SAP maintenance management system. Such information shall include but is not limited to:

Completion of technical site service report, detailing all maintenance activities.

Wiper seal check

ActiCleanTM gel check (Wiper Collar 1 is on lamps 1 / 2 Wiper Collar 2 on lamps 3 / 4 etc.)

Sleeve check

Ultraviolet Transmittance monitor check (Where applicable)

Hydraulic Control Centre check

Power Distibution Centre check

Hydraulic actuator self cleaning operation check

Cleanliness check

System operating parameters

Alarm log table.

Lamp operational log table

Balast status log table

Lamp life hours log

Ultraviolet transmittance log table

5.8 TRANSPORT

5.8.1 Equipment shall be as complete as possible before removal from site. Stripped equipment shall be assembled as far as possible. Equipment may have been stripped to assess damage. Loose components e.g. keys, shall be tied or taped to the equipment to prevent loss.

5.8.2 Equipment shall be properly marked and tagged with the appropriate address and functional location it has been removed from.

5.8.3 Equipment shall be placed on a pallet or dunnage and securely strapped down. Suitable shock absorbing material shall be used between the module and the pallet/dunnage, e.g. rubber mountings, conveyor belting, or rubber sheeting.

5.8.4 The Contractor shall provide transport that is capable of handling the equipment safely, is roadworthy and has an up to date service record. Proof shall be submitted to City of Cape Town on request.

5.8.5 The Contractor shall provide up to date inspection log sheets for cranes, slings, tie down straps and all other lifting equipment as required by the OHS Act of 1993, which is specified elsewhere in the document.


21

5.8.6 Notwithstanding the above the Contractor shall submit a safety management plan or policy governing maintenance of equipment and facilities.

5.8.7 Motors and other equipment shall be tied down to prevent any movement or toppling over during transport.

5.8.8 Damage to equipment during transport shall be for the account of the contractor.

5.8.9 Equipment that is returned shall be suitably protected against the elements. Protection like plastic shrink wrap is acceptable.

5.9 MAINTENANCE SCHEDULES AND PLANS

The vendor shall be required to perform certain pro-active maintenance functions on an as and when required basis. These tasks will be refered to in detail in the listed Schedule 1

5.9.1 Maintenance schedule and plan for UV Equipment. See Schedule 1

5.10 WARRANTY

5.10.1 The contractor shall warranty all work for a period of one (1) year from date of servicing and commissioning. The guarantee shall include maintenance and repairs where required during the period.

5.10.2 The Engineering and Asset Management’s Reliabilty section will be responsible to inform the SAP PM system in terms of the guarantee validity period.

5.11 SAFEKEEPING AND STORAGE

5.11.1 The Contractor shall be responsible to supply and store on site all required spares to ensure maximum availability of plant and equipment at all times. Refer to Schedules 2 and 3. The stock shall be stored on Water and Sanitation premises in a controlled store room. All stock shall be recorded on stock bin cards. The bin cards shall be managed accordance to the stores and stock policies of the City Of Cape Town. The stores may be inspected by the Risk and Safety department audit section.

5.11.2 The spares stock list shall be replenished when the stock levels are below 30% for all spares. The Maintenance Project manager may decide when the stock levels should be adjusted based on variable conditions which warrant such.

5.11.3 The Contractor shall submit a plan of where equipment will be stored prior to the stripping process. The plan shall indicate protection against inclement weather and access by third parties. The forming of condensation or ingress of moisture shall be prevented at all times.

5.11.4 The area shall have a concrete floor and equipment shall be stored of the floor on wooden pallets or rubber mats. Where applicable spares shall be kept on shelves on site.

5.11.5 Components belonging to the same module shall be stored next to the module.

5.11.6 Each item in the storage area shall have a label affixed to it with the following information:

Serial number

Description of material/equipment

Date of removal from service

Site it was removed from if applicable

Contact person of the Employer

Any additional information which the Contractor might deem necessary.


22

5.12 MANAGEMENT OF REDUNDANT EQUIPMENT

5.12.1 The Contractor shall keep a weight record of all metal and non metal scrap generated by the replacement of parts. This record shall refer to the serial number it is generated from.

5.12.2 Scrap shall be stored separately and shall be delivered to site indicated by the Engineer. It is required that the scrap will be kept on site for inspection by the Maintenance Project Manager.

5.12.3 The Risk and Safety department within Water and Sanitation Services will advise on how the scrapped assets will be disposed off. The Engineering and Asset Management maintenance department will be responsible to co-ordinate and manage the scrapping of equipment on behalf of the client branches, since the maintenance department is the first of line contact with the contractor.

5.12.4 Any plant or machinery deemed as uneconomical to repair will be assembled and returned to the depot or site from which it was collected.

5.13 MAINTENANCE REPORTS

5.13.1 The City Of Cape Town’s Engineering and Asset Management maintenance department reserves the right to inspect machinery and equipment as and when required on the premises of the contractor.

5.13.2 The Contractor will provide completed maintenance reports which contain information also refered to in clause 5.7. The City Of Cape Town’s Engineering and Asset Management maintenance department reserves the right to witness tests as prescribed. The Contractor shall advise him two (2) working days prior to the test being carried out.


23

Schedule 1 Trojan UV 3000

TM maintenance requirements

D

aily

Maintenance Requirements Reference to Detailed Instruction

Write down the lamp hours from the Bank section of the System Overview screen ( 5 minute task)

Refer to System Control Centre Chapter of the Trojan UV3000 PlusTM

Operation and Maintenance Manual.

Check the Alarm Status screen to see if any new faults have occurred (2 minute task)

Check the Alarm History screen to get an overview of past faults (2 minutes task)

Check the HSC fluid sight gauge to ensure the level is adequate (1 minute task) Refer to ActiCleanTM

Cleaning System (ACS) Chapter of the Trojan UV 3000 Plus

TM Operation and Maintenance Manual.

Check the PDC operational mode selector switches to ensure they are in REMOTE mode (2 minute task)

Refer to Power Distribution Centre (PDC) Chapter of the Trojan UV 3000 Plus


Check the HSC operational mode selector switches to ensure the main switch is set to RET, and the remaining switches are set to REMOTE mode (2 minute task) Note: When the system’s PDC and HSC are combined, the HSC operational mode selector switches can be found on the front of the PDC, to the side closest to the attached HSC.

Refer to Power Distribution Centre (PDC) Chapter of the Trojan UV 3000 Plus

TM Operation and Maintenance Manual

Refer to Combined PDC/HSC Chapter of the Trojan UV 3000 Plus

TM

Operation and Maintenance Manual

Check the Bank Control screen(s) on the Operator Interface (HMi) to ensure that all of the banks are in REMOTE AUTO and that all of the modules are enabled (2 minute task)



Check the Wiper Control screen(s) on the Operator Interface (Hmi) to ensure that all of the wiper groups are in REMOTE AUTO and that all of the wiper groups are enabled. (2 minute task)



Check the UVT T Strainer and Cuvette and clean both if needed ensuring to re-calibrate afterwards (20 minute task) Bellville waste water treatment plant only.

Refer to the UVT Manual in the Manufacturer’s Manuals Appendix of the Trojan UV3000 Plus


Clean any algae or debris build-up off the low-level sensor rods. (5 minute task)

Check the automatic operation of motorised weir gates. Ensure the gates are set to the REMOTE AUTO position on completion of the services. (15 minutes task)

Check the correct operation of the flow meter. (5 minutes task)

Check Lamp and Ballast out status on the Operator Interface (Hmi), and report to the maintenance section should any abnormalities occur. (2 minutes task)

Check and monitor the operating pressure of the hydraulic pump in the HCS (2 minute task)

Clean the 30 mm bar screen by removing all solid particles trapped by the bar screen. Remove the screenings off site and ensure the area is clean and hygienic at all times. (15 minutes task)

Electrically isolate the PDC before performing the following task. Using the appropriate Personal Protective Equipment (PPE) remove all algae and weeds trapped by the lamp modules by hand only. No metal or other foreign objects may


24

D a i l y


by used to remove the solids as this may damage the fragile quartz sleeves. Re-instate the power of the PDC before the next channel is cleaned. This task may only be required every 2

nd of 3

rd day depending on the season and weather

conditions. (40 minutes task)

Weekly


Clean the UVT system hoses and channel intake strainer, if nessesary, and ensure to re-calibrate afterwards (40 minutes) Bellville waste water treatment plant only.



Check the UVT 100%T Standard Slution bottle and change or refill, if nessesary (2 minute task) Bellville waste water treatment plant only.



Inspect all the modules per bank to ensure:

The sleeves are clean enough to ensure disinfection.

There is no excess debris on the module legs, is so then clean off debris from all legs by hand only and not by means of any mechanical tool in order to prevent damaging the fragile quartz sleeves.

All of the sleeve nuts are tight, if not tighten properly by hand.

Refer to the UV module Chapter of the Trojan UV3000 PlusTM



25

Mo

nth

ly


Check the condition of the UVT desiccant tray and change if beads are pink (5minute task) Bellville waste water treatment plant only.



Check the door seal on the SCC and ensure that no moisture is present in the panel (2 minutes task)



Clean enclosures with a soft cloth and water. Do not use high-pressure hoses on any part of the Trojan UV3000 Plus

TM equipment.

Inspect the effluent level in the channel(s) during flow and no flow conditions to ensure the top lamp is staying submerged under all flow conditions. Clean the rods of any debris attached to the level probe rods. Check the condition of that part of the level probe rods which are submerged below the waterline for any pitting or corrosion. Replace if required. If required adjust the level probes. (10 minutes task)

Remove all modules from both banks and support on the maintenance frame/support. Manually clean the module thoroughly by hand and a soft soap solution and ActiClean

TM agent. Ensure the quartz sleeves are polished to a clean

and clear state to ensure maximum disinfection. Check the integrity of all quartz sleeves and lamps. (160 minutes task)



Check the electrically actuated weir gates and spindles, grease if nessesary. (10 minutes task)


26

3 M

on

thly


Obtain a visual inspection report from a competent inspection authority of the lifting equipment. Potsdam waste water treatment plant only.

Replace the pump tubing on the UVT system (30 minute task) Bellville waste water treatment plant only.



Lubricate the following. 1. Clean and lubricate the sluice gate twin lift spindles 2. Clean and lubricate the twin lift interconnecting gearboxes 3. Clean and lubricate the sluice gate guides 4. Inspect the spindle drive nut for wear or damage. Clean and lubricate. 5. Inspect sluice gate seals and report any defects.

6 M

on

thly


Grease hydraulic cylinder (10 minute task) Refer to ActiCleanTM


TM Operation and Maintenance Manual. Top up the ActiClean

TM Gel in the module wiper mechanisms (10 minute task per

module

Yearl

y


Obtain a load test inspection report from a competent inspection authority of the lifting equipment. Potsdam waste water treatment plant only.

Replace the hydraulic filter in the HSC (20 minute task) Refer to ActiCleanTM


TM Operation and Maintenance Manual. Inspect the module hydraulic hoses for wear and tear (1 minute task per

module)

Replace the hoses if bulges, splits, cracks or nicks are apparent (15 minute task per hose)

Inspect the hydraulic wiper cylinders for free and unobstructed operation. The cylinders should wipe the full length of the shaft. If any malfunctions are detected, it should be replaced immediately


27

2 Y

ears


Change the HSC hydraulic fluid. (45 minutes task)

Refer to ActiCleanTM



12000 H

ou

rs

run

tim

e


Change all of the lamps in the bank.

Change all of the quartz sleeves which are not absolutely clear. (480 minutes task)




28

Schedule 2

Trojan UV3000PLUSTM

Minimum stock and spares list, Potsdam Waste Water Treatment plant

Recommended Maintenance Parts/ Spare Parts Stock

Potsdam P# 543006 UV3000Plus Standard version

Total Lamps: 256

Total Banks: 2

Modules per Bank 24 (16+8)

Description P/N Maintenance Schedule

Recommended

Stock

Lamp 794447-0GN Replace every 12000 hours 30

Sleeve sealing O-ring 316144 Replace when lamp is replaced 100

Sleeve support O-ring 316145 As required 100

Sleeve 316136 Replace if outside shows signs of etching/cracks or inside is fouled 30

Ballast kit 915378 Replace if fails 10

Cylinder wiper 326111 Condition based 20


Lampholder 316135-078 Replace if moisture/electrical damage to pins 16

Sensor Sleeve 015239 Replace if outside shows signs of etching/cracks or inside is fouled 1

Power Cord 914374-008 Replace if moisture/electrical damage to pins 5

End cap o-ring 316509 Replace every time the ballast enclosure is opened 30

Module Control Board 912356-001 As required 5

Transceiver chip, RS485 912519 As required for Communicationl Board 2

Fuse, 5A 250V SB 791309 As required for Communication Board 30

Relay Board 912706 As required 2

Fuse, 12A 600V 912705 As required for Relay Board 1

Hydraulic oil 444295 Change every 2 years 50 liter

Filter Element 907384 Replace yearly 1

Grease Nipple, hydraulic cylinder

326399 As required 10

Grease 005066 Grease hydraulic cylinders every 6 months 2

Vent screw, hydraulic cylinder 010301 As required 10


29

Description P/N Maintenance Schedule Recommended

Stock

Adapter, pressure relief 327765 As required 2

Seal kit (plastic canisters) 327122 Replace every 2-3 years depending on wiping frequency - look for signs of wear. Refer attached Product Bulletin 07PB3P-004 30

Fitting, inter-wiper 90deg elbow 327066 As required 10

Fitting, inter-wiper, straight 327027 As required 10

Plug, rubber wiper filler 327095 As required 10

Acticlean Gel 901507 Top up acticlean gel every 6 months 2

Sensor cord receptacle/PDC 912261-013 Replace if moisture/electrical damage to socket 5

Power cord receptacle/PDC 316074 Replace if moisture/electrical damage to socket 5

Auma Matic Actuator

SAM 10.0 F10 B3 32 rpm, 380v, 3ph, 50Hz Replacement spare to enable rotational services of others. 1

Auma Matic Actuator

SAM 07.5 F10 B3 32 rpm, 380v, 3ph, 50Hz Replacement spare to enable rotational services of others. 1


30

Schedule 3

Trojan UV3000PLUSTM

Minimum stock and spares list, Bellville Waste Water Treatment plant

Recommended Maintenance Parts/ Spare Parts Stock

Bellville P# 543009

UV3000

Plus 2007 Version

Total Lamps: 224

Total Banks: 2

Modules per Bank 22 (14 + 8)

Description P/N Maintenance Schedule

Recommended

Stock

Lamp 794447-

0RD Replace every 12000 hours 30

Sleeve sealing O-ring 316144 Replace when lamp is replaced 100

Sleeve support o-ring 316145 As required 100

Sleeve 316136 Replace if outside shows signs of etching/cracks or inside is fouled 30

Ballast kit 915378 Replace if fails 10



Lampholder 316505-78 Replace if moisture/electrical damage to pins 16

Sensor Sleeve 015239 Replace if outside shows signs of etching/cracks or inside is fouled 1

Power Cord 302839-72 Replace if moisture/electrical damage to pins 5

End cap o-ring kit 316509 Replace every time the ballast enclosure is opened 30

Module Control Board 912356-

001 As required 5

Procesor for 931086 CCB 931087 As required for Communication Board 1

Maxim chip transceiver RS485/422 912519 As required for Communication Board 2

FUSE, 5A 250V SB 5X20MM 914375 As required for Communication Board 30

Hydraulic oil 444295 Change every 2 years 50 liter

Filter Element 907384 Replace yearly 1

Grease Nipple, hydraulic cylinder 326399 As required 10

Grease 005066 Grease hydraulic cylinders every 6 months 2


31

Description

P/N

Maintenance Schedule

Recommended

Stock

Vent screw, hydraulic cylinder 010301 As required 10

Adapter, pressure relief 327765 As required 2

Seal kit 327122 Replace every 2-3 years depending on wiping frequency - look for signs of wear. Refer attached Product Bulletin 07PB3P-004 30

Fitting, inter-wiper 90deg elbow 327066 As required 10

Fitting, inter-wiper, straight 327027 As required 10

Plug, rubber wiper filler 327095 As required 10

Acticlean Gel 901507 Top up acticlean gel every 6 months 2

Sensor cord receptacle/PDC 912261-13 Replace if moisture/electrical damage to socket 5

Power cord receptacle/PDC 316074 Replace if moisture/electrical damage to socket 5


32

(6) CONDITIONS OF TENDER

ALL TENDER CONDITIONS AND/OR INSTRUCTIONS SET OUT BELOW MUST BE STRICTLY ADHERED TO,

FAILING WHICH THIS TENDER SUBMISSION WILL BE DECLARED NON-RESPONSIVE. 5.14 No tender will be considered unless submitted on this CCT tender document.

5.15 Any portion of the tender document not completed will be interpreted as ‘not applicable’. Notwithstanding

the aforegoing, failure to complete any compulsory portion of the tender document may result in the tender being declared non-responsive.

5.16 Tenders must be properly received and deposited, on or before the closing date and before the closing

time, in the relevant tender box at the Tender Submission Office situated on the 2nd floor, Concourse Level, Civic Centre, Hertzog Boulevard, Cape Town. If the tender submission is too large to fit in the

allocated box, please enquire at the public counter for assistance.

5.17 The CCT reserves the right to accept:

5.17.1 the whole tender or part of a tender or any item or part of any item, or to accept more than one

tender (in the event of a number of items being offered), and the CCT is not obliged to accept the lowest or any tender;

5.17.2 a tender which is not substantially or materially different from the tender Specification.

5.18 The CCT shall not consider tenders that are received after the closing date and time for such a tender.

5.19 The CCT will not be held responsible for any expenses incurred by tenderers in preparing and submitting

tenders.

5.20 The CCT may, after the closing date, request additional information or clarification of tenders in writing.

5.21 A tenderer may request information, after the closing date, in accordance with the Promotion of

Administrative Justice Act, Act 3 of 2000, and the Promotion of Access to Information Act, Act 2 of 2000.

5.22 A tenderer may request in writing, after the closing date, that the tender offer be withdrawn. Such withdrawal will be permitted or refused at the sole discretion of the CCT after consideration of the reasons for the withdrawal, which shall be fully set out by the tenderer in such written request for withdrawal.

5.23 The City of Cape Town’s representative for the purpose of this tender shall be:

Mr JA Visser Tel. No.: (021) 514 3641 or 084 220 0126

5.24 Resolutions and Authorities A tender submitted:

6.11.1 by a registered company may not be considered unless accompanied by a resolution by the

Directors of the company authorising the tender to be made and the signatory to sign the tender on

the company’s behalf (Schedule 1 to be completed);

6.11.2 by a registered close corporation may not be considered unless accompanied by written authority from all the members of the close corporation authorising the tender to be made and the signatory

to sign the tender on the close corporation’s behalf (Schedule 1 to be completed); 6.11.3 by a partnership/consortium/joint venture may not be considered unless accompanied by written

authority from all parties to the partnership/consortium/joint venture authorising the tender to be made and the signatory to sign the tender on the partnership/consortium/joint venture’s behalf

(Schedule 2 to be completed).


33

5.25 Partnerships/Consortiums/Joint Ventures In the case of partnerships/consortiums/joint ventures, a copy of the partnership/consortium/joint venture

agreement must be submitted with the tender document (attached to Schedule 2). All parties/partners to the partnership/consortium/joint venture agreement must be registered on the City of Cape Town Vendor Database (‘CCT Vendor Database’).

6.13 Validity Period 6.13.1 Any tender submitted shall remain valid, irrevocable and open for written acceptance by the CCT for

a period of 120 (one hundred and twenty) days from the closing date or for such extended period as may be applicable.

6.13.2 The tender offer will not be withdrawn or amended during the aforesaid validity period. 6.13.3 The aforesaid validity period may be extended by the Director: Supply Chain Management, provided

that the original validity period has not expired, and that all tenderers are given an opportunity to extend such period. Any such extension shall be agreed to by a tenderer in writing.

6.13.4 Tenderers who fail to respond to such a request before the validty of their tender expires, or who

decline such a request shall not be considered further in the evaluation process. 6.13.5 In the event that an appeal in terms of the Systems Act 32 of 2000, is received, the validity period of

the tender shall be deemed to be extended until finalisation of the appeal; unless the tenderer has requested in writing that its tender be withdrawn. The provisions in respect of withdrawal as set out in clause 6.9 above will apply to such withdrawal.

6.14 City of Cape Town Vendor Database

6.14.1 No awards will be made to a tenderer who is not registered on the CCT’s Vendor Database. 6.14.2 Tenderers must be registered within 7 days of being requested to do so. Registration forms may be:

collected from the 8th Floor, Supplier Management Office, Civic Centre, 12 Hertzog Boulevard,

Cape Town; or

requested by fax from 086 5461881; or

can be downloaded from www.capetown.gov.za (follow the links: ‘Supply Chain Mngt’ – ‘Supplier Registration’ – ‘application form’).

6.14.3 It is each vendor’s responsibility to keep all the information on the CCT Vendor Database updated.

If any information required (e.g. tax clearance certificate, proof of CIDB registration, etc.) is not valid or has expired, all transactions with the vendor may, in the sole discretion of the CCT, be suspended until such time as the correct, verified information is received.

6.15 Tax clearance

6.15.1 No award shall be made to a person whose tax matters have not been declared to be in order by the South African Revenue Service (SARS).

6.15.2 Tenderers are therefore required to obtain a valid Tax Clearance Certificate from the local SARS

office where such tenderer is registered for income tax/VAT purposes. 6.15.3 It is the responsibility of each supplier (successful tenderer) to submit updated original tax

clearance certificates to the Supplier Management Office (in the Supply Chain Management department on the 8

th Floor, Civic Centre, Cape Town) should any current certificate expire during

the contract period. Failure to do so may lead to the suspension of transactions with the supplier until a valid tax clearance certificate is received by the Supplier Management Office.

6.15.4 Each party to a consortium/joint venture/partnership must comply with all of the above.

http://www.capetown.gov.za/


34

6.16 COIDA

Tenderers must attach proof of registration/insurance in terms of the Compensation for Occupational Injuries

and Disease Act, Act 130 of 1993, to Schedule 11. This can either take the form of a certified copy of a valid Letter of Good Standing issued by the Compensation Commissioner, or proof of insurance with a licenced compensation insurer, from either the tenderer’s broker or the insurance company itself.

6.17 Procurement above R10 million (VAT included)

If the value of the transaction is expected to exceed R10 million (VAT included), a tenderer shall complete

Schedule 3 and attach the required documents, including audited financial statements.

6.18 Inducements, rewards, gifts and other abuses of the Supply Chain Management System

No person who is a provider or prospective provider of goods or services, or a recipient or prospective recipient of goods disposed or to be disposed of, may directly or indirectly:

6.18.1 influence or interfere with the work of any CCT officials involved in the tender process in order to

inter alia:

a) influence the process and/or outcome of a tender; b) incite breach of confidentiality and/or the offering of bribes; c) cause over- or under-invoicing; d) influence the choice of procurement method or technical standards; e) influence any CCT official in any way which may secure an unfair advantage during or at

any stage of the procurement process.

6.18.2 Abuse of the supply chain management system is not permitted and may result in the tender being rejected, cancellation of the contract, ‘blacklisting’ and/or any such remedies as set out in the CCT’s SCM Policy and Abuse Policy.

6.19 Declarations and authorisation

Tenderers are required to complete all statutory declarations and authorisations in the schedules attached to this tender document, failing which the tender may be declared non-responsive.

6.20 Samples

If the Specification (Part 5) requires the tenderer to provide samples, these shall be provided strictly in accordance with the instructions set out in the Specification.

6.21 Alternative offers

Alternative tenders may be considered, provided that a tender free of qualifications and strictly in accordance with the bid documents is also submitted. The CCT shall not be bound to consider alternative tenders.

6.22 Objections, complaints, queries and disputes/ Appeals in terms of Section 62 of the Systems Act/

Access to court

6.22.1 Objections, complaints, queries and disputes a) Persons aggrieved by decisions or actions taken by the CCT in the implementation of the supply

chain management system or any matter arsising from a contract awarded in terms of the supply chain management system may, within 14 days of the decision or action, lodge a written objection or complaint or query or dispute against the decision or action.

b) Objections, complaints, queries and disputes must be submitted in writing to the City Manager,

Executive Support, 5th Floor, Podium, Civic Centre, 12 Hertzog Boulevard, Cape Town, or posted to

Private Bag X9181, Cape Town, 8000, or faxed to (021) 418 9009.


35

6.22.2 Section 62 Appeals a) In terms of Section 62 of the Systems Act, Act 32 of 2000 (‘Systems Act’), a person whose rights

are affected by a decision taken by a political structure, political office bearer, councillor or staff member of a municipality in terms of a power or duty delegated or sub-delegated by a delegating authority may appeal against that decision by giving written notice of the appeal and reasons to the City Manager within 21 days of the date of the notification of the decision.

b) An appeal shall contain the following:

i. The reasons and/or grounds for the appeal; ii. The way in which the appellant’s rights have been affected; iii. The remedy sought by the appellant.

c) Appeals must be submitted in writing to the City Manager, Executive Support, 5

th Floor, Podium,

Civic Centre, 12 Hertzog Boulevard, Cape Town, or posted by registered post to Private Bag X9181, Cape Town, 8000, or faxed to (021) 418 9009.

6.22.3 Access to court The clauses above do not influence any person’s rights to approach the High Court at any time or their rights in terms of the Promotion of Administrative Justice Act, Act 3 of 2000 (‘PAJA’), or the Promotion of Access to Information Act, Act 2 of 2000 (‘PAIA’).

a) All legal process and pleadings must be served on the Administrative Manager, Legal

Services, 20th Floor, Tower Block, Civic Centre, 12 Hertzog Boulevard, Cape Town.

b) All requests in terms of PAJA and PAIA must be submitted in writing to the Access to

Information Office, 2nd

Floor, Concourse Level, Civic Centre, 12 Hertzog Boulevard, Cape Town.


36

(7) EVALUATION CRITERIA

7.1 Invalid Tenders

Tenders shall be invalid, and shall be endorsed and recorded as such in the tender opening record by the

responsible official (appointed by the Director: Supply Chain Management to open the tenders), if the:

7.1.1 tender is not sealed;

7.1.2 tender, including the tender price (where applicable), is not submitted on the official CCT tender document;

7.1.3 tender is not completed in non-erasable ink;

7.1.4 Tender Offer and/or Contract Form have not been signed;

7.1.5 Tender Offer and/or Contract Form are signed, but the name of the tenderer is not

stated, or is indecipherable; or

7.1.6 Tenderer, in a two-envelope system, fails to submit both a technical proposal and a separate, sealed financial offer.

7.2 Non-Responsive Tenders

7.2.1 Valid tenders will be declared non-responsive and eliminated from further evaluation if:

a) The tenderer has been listed on the national Treasury’s Register for Tender Defaulters in terms of the Prevention and Combating of Corrupt Activities Act, Act 12 of 2004, or has been listed on the national Treasury’s List of Restricted Suppliers and who is therefore prohibited from doing business with the public sector.

b) The tenderer is prohibited from doing business with the CCT in terms of the Abuse Policy.

c) The tender does not comply with the Specification (Part 5).

d) The tender does not comply with the instructions as contained in the Price Schedule (Part 4). e) The tenderer has not achieved the minimum functionality scoring/points as set out in the tender

document (if applicable). 7.2.2 Tenders will be declared non-responsive if the tenderer fails to adhere to a written request (within

the specified period set out in such request) to:

a) Comply with the general conditions applicable to tenders as set out in the CCT’s SCM Policy;

b) Comply with one or more of the provisions contained in the Conditions of Tender (Part 6); c) Comply with any other terms and conditions of the tender as contained in the tender document; d) Complete and/or sign any declarations and/or authorisations; e) Register on the CCT’s Vendor Database; f) Submit an original and valid tax clearance certificate from the South African Revenue Services

(SARS) certifying that the taxes of the tenderer are in order, or written confirmation from SARS that suitable arrangements have been made with SARS;

g) Comply with any applicable Bargaining Council agreements;

h) Submit the information/complete Schedule 3 in respect of transaction values exceeding R10 million (see Conditions of Tender).

Clause 7.2.2 above is not a closed list, and requests may include – but are not limited to – the items referred to in a) to h) above.

7.3 Evaluation of Tenders

All tenders received shall be evaluated in accordance with the Municipal Finance Management Act, Act 56 of 2003 (read with its accompanying supply chain management regulations), the CCT’s SCM and Abuse Policies, and the Preferential Procurement Policy Framework Act, Act 5 of 2000 (read with its accompanying regulations).

7.4 Awarding preference points


37

7.4.1 Points will be awarded to tenderers who are eligible for preferences in terms of Schedule 4: Preferencing Schedule (where preferences are granted in respect of B-BBEE contribution).

7.4.2 The terms and conditions of Schedule 4 shall apply in all respects to the tender evaluation process and any subsequent contract.

7.4.3 The tender contract sum or comparatice price as per section 7.4.4 will be based on simulated maintenance projects. Refering to Annexure G, this provides the tenderer with a sample of a simultated maintenance project. The sum of all the rates for labour, goods and services will not be used for evaluation purposes as this is not an accurate reflection of the lowest tender. The project manager have provided the Supply Chain Management Department with simulated maintenance projects which will use a variety of rates from the schedules. These pre-set up simulated projects will be used by the SCM department to calculate the final comparative price bid for a specific tenderer. The exact same simulated project studies will be a used for each tender submission in order to evaluate all the tenderers on an equal and fair basis.

The SCM department may choose to perform an independent maintenance project study to determine the contract sum for the tenderers.

7.4.4 The following formula must be used to calculate the points for price in respect of bids with a Rand value above R1 000 000 (all applicable taxes included):

Ps = 90 [1 – (Pt – Pmin)] Pmin

Where :

Ps = Points scored for comparative price of the tender under consideration;

Pt = Comparative price (corrected, if applicable, exclusive of VAT) of the tender under consideration; and

Pmin = Comparative price (corrected, if applicable, exclusive of VAT) of lowest responsive tender.

Points for preference must be awarded to Exempted Micro Enterprises or to tenderers having attained a B-BBEE status level of contribution in accordance with the tables below.

B-BBEE Status Level of Contributor Number of Points for Preference

1 10

2 9

3 8

4 5

5 4

6 3

7 2

8 1

Non-compliant contributor 0

or, in respect of Exempted Micro Enterprises (EMEs)


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Black Ownership of EME

Deemed B-BBEE Status Level of Contributor

Number of Points for Preference

> 50% 3 8

≤ 50% 4 5

The points for preference scored by a tenderer in terms of the above table must then be added to the points for price (Ps) in order to obtain the total number of adjudication points scored for each responsive tender.

7.6 Functionality Scoring

7.6.1 Tenders will be evaluated for functionality on the following objective criteria:

Evaluation Area Evaluation Criteria POINTS

Previous experience Proof of similar work performed for the City Of Cape Town in the last 3 years with an estimated value of over R 50k per project (5 points per project)

Proof of similar work performed for another Water and Sanitation Utility in the last 3 years with an estimated value of over R 50k per project (3 points per project)

Proof of similar projects performed for Engineering and Asset Management, City of Cape Town, in the last 3 years (5 points per project)

Proof of similar projects performed for SAB, Chevron,

PetroSA, News24, or any other companies with an estimated value of over R 50k per project ( 3 points per project)

Proof of maintenance projects completed for Engineering and Asset Management, Water and Sanitation, relating specifically to electromechanical control systems (5 points per project)

Complete Annexure B: Schedule of Work Experience

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Staff

Supervisor/Site agent (2 points, maximum = 2 points)

Trade tested electrician (5 points per person, maximum =5 points)

Electrician with Wiring Regulations SANS 0142-1 (5 points per person, maximum =10 points)

Mechanical fitter (2 points per person, maximum = 2 points)

Sub-contracted staff or vendors listed comprehensively (1 point, maximum = 2 points)

Artisan’s Assistant (1 points per person, maximum = 4)

Accountant (debtors and creditors clerk) (1 points per person, maximum = 1)

Book Keeper (1 points per person, maximum = 1)

Administration Clerk (1 points per person, maximum = 1)

Instrumentation technician (1 points per person, maximum = 1)

Instrumentation mechanician (1 points per person, maximum = 1)

Trained Trojan maintenance staff member (3 points)

Trained Trojan maintenance assistant (2 points)

PLC system intergrator (5 points)

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PLC automation technician (5 points)

Trojan parent company expert/specialist representative (5 points)

Complete Annexure C : Details of site agent’s and general foreman’s experience

Facilities, equipment and vehicles

Functional workshop facility suitable for required services (5 points)

0.5 ton LDV (5 points)

One ton LDV (5 points)

Comprehensive artisan tool list required for maintenance project (5 points)

Safe undercover storage facility (5 points)

UV module test facility (5 point)

Complete Annexure D : Schedule of Construction Equipment

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Address of Workshop in

Western Cape

Inspection

ElectroMechanical Engineering workshop facility within 100 kilometers of City Of Cape Town Central district (30 points)

30

Safety Health and Safety Plan (H&S)

Meet requirements of Safety Specification (2 points per section found applicable to the specific nature of Ultraviolet disinfection plant maintenance and development of contractor H&S plan.)

Hazard identification and Risk Assesment utilising the H&S specification of Annexure E (5 points)

Agreements with sub-contractors (2 point)

Training (H&S related) (2 point)

First Aid (1 point)

Hand tools (1 point)

Personal Protective Equipment, PPE (1 point)

Incident and accident report and investigation (1 point)

Submit a sample safety file for similar electromechanical maintenance work. (5 points)

Refer to Annexure E : : Health and Safety Plan

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Quality Management System

Quality Management System. Proof of a working quality and administrative management system (10 points)

SABS Certification and registration (5 points)

NOSA accreditation 3 star (1 point)

NOSA accreditation 4 star (2 points)

NOSA accreditation 5 star (5 points)

ISO 9000 Certification and registration (10 points) Maximum points = 20

20

Total 190

7.6.2 No tender will be regarded as an acceptable tender/responsive if it fails to achieve the minimum

qualifying score for functionality of 114 out of a maximum of 160.

7.6.3 Tenderers shall ensure that all relevant information has been submitted with the tender submission to

ensure optimal scoring of functionality points. 7.6.4 Tenders that have achieved the minimum qualifying score for functionality shall be evaluated further in

terms of the preference point systems prescribed in clause 7.5 above.


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(8) SPECIAL CONDITIONS OF CONTRACT

THESE SPECIAL CONDITIONS OF CONTRACT (SCC) SUPPLEMENT AND MUST BE READ WITH THE

CORRESPONDING PROVISIONS OF THE GENERAL CONDITIONS OF CONTRACT (GCC) ISSUED BY THE

NATIONAL TREASURY.

WHENEVER THERE IS A CONFLICT BETWEEN THE SCC AND THE GCC, THE PROVISIONS OF THE SCC

SHALL PREVAIL.

8.1 Standards

Failure to comply with the standards and Specification as set out in the tender document shall constitute a material breach of this Contract, in which case the CCT reserves the right to cancel the Contract.

8.2 Guarantee /Performance Security – Clause 7 of the GCC Not applicable

8.3 Insurance – Clause 11 of the GCC 8.3.1 Without limiting the obligations of the supplier in terms of this Contract, the supplier shall effect and

maintain the following insurances:

a. Public liability insurances, in the name of the supplier, covering the supplier and the CCT against liability for the death of or injury to any person, or loss of or damage to any property, arising out of or

in the course of this Contract, to the value of R20 MILLION.

b. Any goods supplied to the CCT by the supplier in terms of this Contract shall be fully and adequately insured by the supplier against any loss or damage incidental to manufacture or acquisition, transportation, storage, delivery, installation and other activities related to the supply.

8.3.2 The supplier shall be obliged to furnish the CCT with proof of such insurance as the CCT may

require from time to time for the duration of this Contract.

8.4 Payment – Clause 16 of the GCC

8.4.1 A monthly payment cycle will be the norm. All invoices received for goods and services which are dated on or before the 20th of a particular month will typically be paid between the 23rd and 26th of the following month.

8.4.2 In order to qualify for more frequent payments, a supplier must submit a fully motivated application

to the Director: Supply Chain Management for consideration. 8.4.3 Suppliers do not have the right to more frequent payments. Requests for such payments will be

considered at the sole discretion of the CCT’s Director: Supply Chain Management. 8.4.4 In order to give effect to a more frequent payment cycle (if approved), an additional mid-month

payment run will be effected as necessary. The additional payment run dates will typically be between the 10th and the 13

th of the month.

8.4.5 The actual payment run dates will be dependent on the number of days in the month and the

influence of public holidays.


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8.5 Prices/Price Adjustment – Clause 17 of the GCC

The Contract Price shall be SUBJECT TO CONTRACT PRICE ADJUSTMENT

8.5.1 The tenderer shall complete Schedule 10.

8.5.2 Failure to complete Schedule 10 may result in the tender being declared non-responsive, or prices will be deemed to be subject to zero-rated contract price adjustment.

8.5.3 Contract prices will be subject to price adjustment strictly in accordance with

Schedule 10. 8.5.4 If the Contract price is (also) subject to variations in rate of exchange the tender SHALL complete

the appropriate section in Schedule 10, failing which no claim for contract price adjustment on the basis of rate of exchange variations will be granted.

8.5.5 Any claim for an increase in the Contract price shall be submitted in writing to the:

Director Supply Chain Management, City of Cape Town, P O Box 655, Cape Town, 8000 or

by email to: Ina [email protected]

by fax to: (021) 400 2717 / 086 588 5112 for attention: Ina Steyn

prior to the date upon which the price adjustment would become effective.

8.5.5.1 The CCT reserves the right to withhold payment of any claim for contract price adjustment while only provisional figures are available and until the final (revised) figures are issued by the relevant authority.

8.5.6 When submitting a claim for contract price adjustment a supplier shall indicate the actual amount

claimed for each item. A mere notification of a claim for contract price adjustment without stating the new price claimed for each item shall, for the purpose of this clause, not be regarded as a valid claim.

8.5.7 The CCT reserves the right to request the supplier to submit auditor’s certificates or such other

documentary proof as it may require in order to verify a claim for contract price adjustment. Should the supplier fail to submit such auditor’s certificates or other documentary proof to the CCT within a period of 30 (thirty) days from the date of the request, it shall be presumed that the supplier has abandoned his claim.

8.6 Contract Amendments – Clause 18 of the GCC

The CCT, in its sole discretion, shall be entitled to increase the contract period or the contract sum, subject to the relevant provisions of the SCM Policy and Section 33 of the Municipal Finance Management Act, Act 56 of 2003.

8.7 Penalties – Clause 22 of the GCC

8.7.1 Maintenance Schudule:

A penalty of R1 000.00 per day will be deducted from invoice for late commencement after 48 hours of receipt of purchase order.

Failing to respond to a call out or emergency work, within 12 hours of the official notification for work required will result in a penalty of R1000.00, from the price of the invoice.

8.7.2 Equipment:

It is the responsibility of the Contractor to provide the Engineer with a delivery date for goods and services at receipt of purchase order. Council reserves the right to deduct R 500.00 for every late delivery and R 500.00 for not providing a delivery date.


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8.8 Settlement of Disputes – Clause 27 of the GCC Should the parties fail to resolve any dispute by way of mutual consultation as contemplated in clause 27.1 of the GCC, either party shall be entitled to refer the matter for mediation before an independent and impartial person appointed by the City Manager in accordance with regulation 50(1) of the Local Government: Municipal Finance Management Act, Act 56 of 2003 – Municipal Supply Chain Management Regulations (Notice 868 of 2005). Such referral shall be done by way of notice to the other party in accordance with clause 27.2 of the GCC. The mediator’s ruling shall become final and binding on the parties only to the extent that it is correctly recorded as being agreed by the parties in writing. Save for reference to any portion of any settlement or decision which has been agreed to be final and binding on the parties, no reference shall be made by or on behalf of either party, in any subsequent court proceedings, to any outcome of an an amicable settlement by mutual consultation, or to the fact that any particular evidence was given, or to any submission, statement or admission made in the course of amicable settlement by mutual consultation or mediation.

8.8.1 Should it not be possible to settle a dispute by means of mediation, it shall be settled in a South

African court of law as contemplated in clause 27.3 of the GCC.

8.9 Limitation of Liability- Clause 28 of GCC

8.9.1 Without detracting from, and in addition to, any of the other indemnities in this Contract, the supplier shall be solely liable for and hereby indemnifies and holds the CCT harmless against all claims, charges, damages, costs, actions, liability, demands and/or proceedings and expense in connection with:

a) personal injury or loss of life to any individual;

b) loss of or damage to the property of any individual;

arising from, out of, or in connection with the provision by the supplier in terms of this Contract, save to the extent caused by the gross negligence or wilful misconduct of the CCT.

8.9.2 The supplier and/or its employees, agents, concessionaires, suppliers, contractors or customers shall not have any claim of any nature against the CCT for any loss, damage, injury or death which any of them may directly or indirectly suffer, whether or not such loss, damage, injury or death is caused through the negligence of the CCT or its agents or employees.

8.9.3 Notwithstanding anything to the contrary contained in this Contract, under no circumstances whatsoever, including as a result of its negligent (including grossly negligent) acts or omissions or those of its servants, agents or contractors or other persons for whom in law it may be liable, shall any party or its servants (in whose favour this constitutes a stipulatio alteri) be liable for any indirect, extrinsic, special, penal, punitive, exemplary or consequential loss or damage of any kind whatsoever (whether the loss was actually foreseen or reasonably foreseeable) sustained by the other party, its directors and/or servants, including but not limited to any loss of profits, loss of operation time, corruption or loss of information and/or loss of contracts.

8.10 Applicable Law – Clause 30 of the GCC

8.10.1 The supplier, by completing Schedule 11, hereby indemnifies the CCT in respect of the provisions of the Occupational Health and Safety Act, Act 85 of 1993 (‘OHAS Act’), in accordance with the provisions of the OHAS Act.

8.10.2 The supplier shall ensure compliance with the provisions of the OHAS Act and all applicable regulations, by all employees of the supplier and other contractors on the site. The supplier shall provide a suitable health and safety plan appropriate for the contract tendered for.

8.10.3 The supplier shall comply with all laws relating to wages and conditions generally governing the employment of labour in the Cape Town area and any applicable Bargaining Council agreements.


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8.10.4 If the supplier is an employer as defined in the Compensation for Occupational Injuries and Diseases Act, Act 130 of 1993 (‘COIDA’), the supplier shall attach proof of registration/insurance in

terms of COIDA to Schedule 11. This may take the form of either a certified copy of a valid Letter of Good Standing issued by the Compensation Commissioner, or proof of insurance with a licenced compensation insurer, from either the supplier’s broker or the insurance company itself.

8.11 Value Added Tax – Clause 32 of the GCC

8.11.1 Where a supplier, in the course of carrying on business, delivers taxable supplies exceeding R1 million, the supplier must be registered with the South African Revenue Service for value added tax (VAT) purposes. The supplier’s attention is drawn to Section 23 of the Value Added Tax Act, Act 89 of 1991. Failure to comply with Act 89 of 1991 shall constitute a material breach of the Contract.

8.11.2 It is a requirement of this Contract that the amount of VAT must be shown clearly on each invoice. The supplier’s attention is drawn to Section 40 of the Value Added Tax Act, Act 89 of 1991.

8.11.3 The VAT registration number of the City of Cape Town is 4500193497.

8.11.4 It is the responsibility of the supplier to submit updated original tax clearance certificates to the

Supplier Management Office (in the Supply Chain Management department on the 8th Floor, Civic

Centre, Cape Town) should any current certificate expire during the contract period. Failure to do so may lead to the suspension of transactions with the supplier until a valid tax clearance certificate is received (during which time the CCT reserves the right to obtain the relevant goods or services from alternative sources).


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(9) GENERAL CONDITIONS OF CONTRACT

(National Treasury - General Conditions of Contract (revised July 2010))

TABLE OF CLAUSES

1. Definitions 2. Application 3. General 4. Standards 5. Use of contract documents and information; inspection 6. Patent rights 7. Performance security 8. Inspections, tests and analysis 9. Packing 10. Delivery and documents 11. Insurance 12. Transportation 13. Incidental services 14. Spare parts 15. Warranty 16. Payment 17. Prices 18. Contract amendments 19. Assignment 20. Subcontracts 21. Delays in the supplier’s performance 22. Penalties 23. Termination for default 24. Dumping and countervailing duties 25. Force majeure 26. Termination for insolvency 27. Settlement of disputes 28. Limitation of liability 29. Governing language 30. Applicable law 31. Notices 32. Taxes and duties 33. National Industrial Participation Programme (NIPP) 34. Prohibition of restrictive practices

1. Definitions

1. The following terms shall be interpreted as indicated:

1.1 ‘Closing time’ means the date and hour specified in the bidding documents for the receipt of bids. 1.2 ‘Contract’ means the written agreement entered into between the purchaser and the supplier, as recorded in

the contract form signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein.

1.3 ‘Contract price’ means the price payable to the supplier under the contract for the full and proper performance

of his or her contractual obligations. 1.4 ‘Corrupt practice’ means the offering, giving, receiving, or soliciting of anything of value to influence the action

of a public official in the procurement process or in contract execution. 1.5 ‘Countervailing duties’ are imposed in cases in which an enterprise abroad is subsidised by its government

and encouraged to market its products internationally.


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1.6 ‘Country of origin’ means the place where the goods were mined, grown or produced or from which the services are supplied. Goods are produced when, through manufacturing, processing or substantial and major assembly of components, a commercially recognised new product results that is substantially different in basic characteristics or in purpose or utility from its components.

1.7 ‘Day’ means calendar day. 1.8 ‘Delivery’ means delivery in compliance with the conditions of the contract or order. 1.9 ‘Delivery ex stock’ means immediate delivery directly from stock actually on hand. 1.10 ‘Delivery into consignee’s store or to his site’ means delivered and unloaded in the specified store or depot

or on the specified site in compliance with the conditions of the contract or order, the supplier bearing all risks and charges involved until the supplies are so delivered and a valid receipt is obtained.

1.11 ‘Dumping’ occurs when a private enterprise abroad markets its goods on its own initiative in the RSA at

lower prices than that of the country of origin, and which action has the potential to harm the local industries in the RSA.

1.12 ‘Force majeure’ means an event beyond the control of the supplier, not involving the supplier’s fault or

negligence, and not foreseeable. Such events may include, but are not restricted to, acts of the purchaser in its sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions and freight embargoes.

1.13 ‘Fraudulent practice’ means a misrepresentation of facts in order to influence a procurement process or the

execution of a contract to the detriment of any bidder, and includes collusive practice among bidders (prior to or after bid submission) designed to establish bid prices at artificial, non-competitive levels and to deprive the bidder of the benefits of free and open competition.

1.14 ‘GCC’ means the General Conditions of Contract. 1.15 ‘Goods’ means all of the equipment, machinery, and/or other materials that the supplier is required to supply

to the purchaser under the contract. 1.16 ‘Imported content’ means that portion of the bidding price represented by the cost of components, parts or

materials which have been or are still to be imported (whether by the supplier or his subcontractors) and which costs are inclusive of the costs abroad, plus freight and other direct importation costs such as landing costs, dock dues, import duty, sales duty or other similar tax or duty at the South African place of entry as well as transportation and handling charges to the factory in the Republic where the supplies covered by the bid will be manufactured.

1.17 ‘Local content’ means that portion of the bidding price which is not included in the imported content, provided

that local manufacture does take place. 1.18 ‘Manufacture’ means the production of products in a factory using labour, materials, components and

machinery, and includes other, related value-adding activities. 1.19 ‘Order’ means an official written order issued for the supply of goods or works or the rendering of a service. 1.20 ‘Project site’, where applicable, means the place indicated in bidding documents. 1.21 ‘Purchaser’ means the organisation purchasing the goods. 1.22 ‘Republic’ means the Republic of South Africa. 1.23 ‘SCC’ means the Special Conditions of Contract.

1.24 ‘Services’ means those functional services ancillary to the supply of the goods, such as transportation and

any other incidental services, such as installation, commissioning, provision of technical assistance, training, catering, gardening, security, maintenance, and other such obligations of the supplier covered under the contract.


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1.25 ‘Written’ or ‘in writing’ means handwritten in ink or any form of electronic or mechanical writing.

2. Application

2.1 These general conditions are applicable to all bids, contracts and orders, including bids for functional and

professional services, sales, hiring, letting and the granting or acquiring of rights, but excluding immovable property, unless otherwise indicated in the bidding documents.

2.2 Where applicable, special conditions of contract are also laid down to cover specific supplies, services or

works. 2.3 Where such special conditions of contract are in conflict with these general conditions, the special conditions

shall apply.

3. General

3.1 Unless otherwise indicated in the bidding documents, the purchaser shall not be liable for any expense

incurred in the preparation and submission of a bid. Where applicable, a non-refundable fee for documents may be charged.

3.2 With certain exceptions, invitations to bid are only published in the Government Tender Bulletin. The

Government Tender Bulletin may be obtained directly from the Government Printer, Private Bag X85, Pretoria 0001, or accessed electronically from www.treasury.gov.za

4. Standards

4.1 The goods supplied shall conform to the standards mentioned in the bidding documents and specifications.

5. Use of contract documents and information; inspection.

5.1 The supplier shall not, without the purchaser’s prior written consent, disclose the contract, or any provision

thereof, or any specification, plan, drawing, pattern, sample, or information furnished by or on behalf of the purchaser in connection therewith, to any person other than a person employed by the supplier in the performance of the contract. Disclosure to any such employed person shall be made in confidence and shall extend only so far as may be necessary for the purposes of such performance.

5.2 The supplier shall not, without the purchaser’s prior written consent, make use of any document or information

mentioned in GCC clause 5.1, except for purposes of performing the contract. 5.3 Any document, other than the contract itself, mentioned in GCC clause 5.1 shall remain the property of the

purchaser and shall be returned (all copies) to the purchaser on completion of the supplier’s performance under the contract if so required by the purchaser.

5.4 The supplier shall permit the purchaser to inspect the supplier’s records relating to the performance of the

supplier and to have them audited by auditors appointed by the purchaser, if so required by the purchaser.

6. Patent rights

6.1 The supplier shall indemnify the purchaser against all third-party claims of infringement of patent, trademark,

or industrial design rights arising from the use of the goods or any part thereof by the purchaser.

7. Performance Security

7.1 Within 30 (thirty) days of receipt of the notification of contract award, the successful bidder shall furnish to

the purchaser the performance security of the amount specified in the SCC. 7.2 The proceeds of the performance security shall be payable to the purchaser as compensation for any loss

resulting from the supplier’s failure to complete his obligations under the contract.

7.3 The performance security shall be denominated in the currency of the contract or in a freely convertible currency acceptable to the purchaser, and shall be in one of the following forms:

http://www.treasury.gov.za/


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a) a bank guarantee or an irrevocable letter of credit issued by a reputable bank located in the purchaser’s country or abroad, acceptable to the purchaser, in the form provided in the bidding documents or another form acceptable to the purchaser; or

b) a cashier’s or certified cheque

7.4 The performance security will be discharged by the purchaser and returned to the supplier not later than 30 (thirty) days following the date of completion of the supplier’s performance obligations under the contract, including any warranty obligations, unless otherwise specified in the SCC.

8. Inspections, tests and analyses

8.1 All pre-bidding testing will be for the account of the bidder. 8.2 If it is a bid condition that supplies to be produced or services to be rendered should at any stage during

production or execution or on completion be subject to inspection, the premises of the bidder or contractor shall be open, at all reasonable hours, for inspection by a representative of the Department or an organisation acting on behalf of the Department.

8.3 If there are no inspection requirements indicated in the bidding documents and no mention of such is made

in the contract, but during the contract period it is decided that inspections shall be carried out, the purchaser shall itself make the necessary arrangements, including payment arrangements with the testing authority concerned.

8.4 If the inspections, tests and analyses referred to in clauses 8.2 and 8.3 show the supplies to be in

accordance with the contract requirements, the cost of the inspections, tests and analyses shall be defrayed by the purchaser.

8.5 Where the supplies or services referred to in clauses 8.2 and 8.3 do not comply with the contract

requirements, irrespective of whether such supplies or services are accepted or not, the cost in connection with these inspections, tests or analyses shall be defrayed by the supplier.

8.6 Supplies and services which are referred to in clauses 8.2 and 8.3 and which do not comply with the contract

requirements may be rejected.

8.7 Any contract supplies may on or after delivery be inspected, tested or analysed and may be rejected if found not to comply with the requirements of the contract. Such rejected supplies shall be held at the cost and risk of the supplier, who shall, when called upon, remove them immediately at his own cost and forthwith substitute them with supplies which do comply with the requirements of the contract. Failing such removal, the rejected supplies shall be returned at the suppliers cost and risk. Should the supplier fail to provide the substitute supplies forthwith, the purchaser may, without giving the supplier further opportunity to substitute the rejected supplies, purchase such supplies as may be necessary at the expense of the supplier.

8.8 The provisions of clauses 8.4 to 8.7 shall not prejudice the right of the purchaser to cancel the contract on

account of a breach of the conditions thereof, or to act in terms of Clause 23 of the GCC.

9. Packing

9.1 The supplier shall provide such packing of the goods as is required to prevent their damage or deterioration

during transit to their final destination, as indicated in the contract. The packing shall be sufficient to withstand, without limitation, rough handling during transit and exposure to extreme temperatures, salt and precipitation during transit, and open storage. Packing, case size and weights shall take into consideration, where appropriate, the remoteness of the goods’ final destination and the absence of heavy handling facilities at all points in transit.

9.2 The packing, marking, and documentation within and outside the packages shall comply strictly with such

special requirements as shall be expressly provided for in the contract, including additional requirements, if any, specified in the SCC, and in any subsequent instructions ordered by the purchaser.


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10. Delivery and documents

10.1 Delivery of the goods shall be made by the supplier in accordance with the terms specified in the contract.

The details of shipping and/or other documents to be furnished by the supplier are specified in the SCC. 10.2 Documents to be submitted by the supplier are specified in the SCC.

11. Insurance

11.1 The goods supplied under the contract shall be fully insured, in a freely convertible currency, against loss or

damage incidental to manufacture or acquisition, transportation, storage and delivery in the manner specified in the SCC.

12. Transportation

12.1 Should a price other than an all-inclusive delivered price be required, this shall be specified in the SCC.

13. Incidental Services

13.1 The supplier may be required to provide any or all of the following services, including additional services (if

any) specified in the SCC: a. performance or supervision of on-site assembly, and/or commissioning of the supplied goods; b. furnishing of tools required for the assembly and/or maintenance of the supplied goods; c. furnishing of a detailed operations and maintenance manual for each appropriate unit of the supplied

goods; d. performance or supervision or maintenance and/or repair of the supplied goods, for a period of time

agreed by the parties, provided that this service shall not relieve the supplier of any warranty obligations under this contract; and

e. training of the purchaser’s personnel, at the supplier’s plant and/or on-site, in assembly, start-up, operation, maintenance, and/or repair of the supplied goods.

13.2 Prices charged by the supplier for incidental services, if not included in the contract price for the goods, shall

be agreed upon in advance by the parties and shall not exceed the prevailing rates charged to other parties by the supplier for similar services.

14. Spare parts

14.1 As specified in the SCC, the supplier may be required to provide any or all of the following materials,

notifications, and information pertaining to spare parts manufactured or distributed by the supplier: (a) such spare parts as the purchaser may elect to purchase from the supplier, provided that this election

shall not relieve the supplier of any warranty obligations under the contract; and (b) in the event of termination of production of the spare parts:

(i) Advance notification to the purchaser of the pending termination, in sufficient time to permit the

purchaser to procure needed requirements; and (ii) following such termination, furnishing at no cost to the purchaser, the blueprints, drawings, and

specifications of the spare parts, if requested.

15. Warranty

15.1 The supplier warrants that the goods supplied under the contract are new, unused, of the most recent or

current models, and that they incorporate all recent improvements in design and materials unless provided otherwise in the contract. The supplier further warrants that all goods supplied under this contract shall have no defect arising from design, materials, or workmanship (except when the design and/or material is required by the purchaser’s specifications), or from any act or omission of the supplier, that may develop under normal use of the supplied goods in the conditions prevailing in the country of final destination.


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15.2 This warranty shall remain valid for 12 (twelve) months after the goods, or any portion thereof, as the case may be, have been delivered to and accepted at the final destination indicated in the contract, or for 18 (eighteen) months after the date of shipment from the port or place of loading in the source country, whichever period concludes earlier, unless specified otherwise in the SCC.

15.3 The purchaser shall notify the supplier promptly, in writing, of any claims arising under this warranty. 15.4 Upon receipt of such notice, the supplier shall, within the period specified in the SCC and with all reasonable

speed, repair or replace the defective goods or parts thereof, without costs to the purchaser.

15.5 If the supplier, having been notified, fails to remedy the defect(s) within the period specified in the SCC, the purchaser may proceed to take such remedial action as may be necessary, at the supplier’s risk and expense and without prejudice to any other rights which the purchaser may have against the supplier under the contract.

16. Payment

16.1 The method and conditions of payment to be made to the supplier under this contract shall be specified in

the SCC. 16.2 The supplier shall furnish the purchaser with an invoice accompanied by a copy of the delivery note and

upon fulfillment of any other obligations stipulated in the contract. 16.3 Payments shall be made promptly by the purchaser, but in no case later than 30 (thirty) days after

submission of an invoice or claim by the supplier. 16.4 Payment will be made in Rand unless otherwise stipulated in the SCC.

17. Prices

17.1 Prices charged by the supplier for goods delivered and services performed under the contract shall not vary

from the prices quoted by the supplier in his bid, with the exception of any price adjustments authorized in the SCC or in the purchaser’s request for bid validity extension, as the case may be.

18. Contract Amendments

18.1 No variation in or modification of the terms of the contract shall be made except by written amendment

signed by the parties concerned.

19. Assignment

19.1 The supplier shall not assign, in whole or in part, its obligations to perform under the contract, except with

the purchaser’s prior written consent.

20. Subcontracts

20.1 The supplier shall notify the purchaser in writing of all subcontracts awarded under this contract if not already specified in the bid. Such notification, in the original bid or later, shall not relieve the supplier from any liability or obligation under the contract.

21. Delays in the supplier’s performance

21.1 Delivery of the goods and performance of services shall be made by the supplier in accordance with the time

schedule prescribed by the purchaser in the contract. 21.2 If at any time during the performance of the contract, the supplier or its subcontractor(s) should encounter

conditions impeding timely delivery of the goods and performance of services, the supplier shall promptly notify the purchaser in writing of the fact of the delay, its likely duration and its cause(s). As soon as practicable after receipt of the supplier’s notice, the purchaser shall evaluate the situation and may at his or her discretion extend the supplier’s time for performance, with or without the imposition of penalties, in which case the extension shall be ratified by the parties by amendment of contract.


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21.3 No provision in a contract shall be deemed to prohibit the obtaining of supplies or services from a national department, provincial department, or a local authority.

21.4 The right is reserved to procure, outside of the contract, small quantities of supplies; or to have minor

essential services executed if an emergency arises, or the supplier’s point of supply is not situated at or near the place where the supplies are required, or the supplier’s services are not readily available.

21.5 Except as provided under GCC Clause 25, a delay by the supplier in the performance of its delivery

obligations shall render the supplier liable to the imposition of penalties, pursuant to GCC Clause 22, unless an extension of time is agreed upon pursuant to GCC Clause 21.2 without the application of penalties.

21.6 Upon any delay beyond the delivery period in the case of a supplies contract, the purchaser shall, without

cancelling the contract, be entitled to purchase supplies of a similar quality and up to the same quantity in substitution of the goods not supplied in conformity with the contract and to return any goods delivered later at the supplier’s expense and risk, or to cancel the contract and buy such goods as may be required to complete the contract and, without prejudice to his other rights, be entitled to claim damages from the supplier.

22. Penalties

22.1 Subject to GCC Clause 25, if the supplier fails to deliver any or all of the goods or to perform the services

within the period(s) specified in the contract, the purchaser shall, without prejudice to its other remedies under the contract, deduct from the contract price, as a penalty, a sum calculated on the delivered price of the delayed goods or unperformed services, using the current prime interest rate, calculated for each day of the delay until actual delivery or performance. The purchaser may also consider termination of the contract pursuant to GCC Clause 23.

23. Termination for default

23.1 The purchaser, without prejudice to any other remedy for breach of contract, by written notice of default sent

to the supplier, may terminate this contract in whole or in part:

(a) if the supplier fails to deliver any or all of the goods within the period(s) specified in the contract, or within any extension thereof granted by the purchaser pursuant to GCC Clause 21.2;

(b) if the supplier fails to perform any other obligation(s) under the contract; or (c) if the supplier, in the judgment of the purchaser, has engaged in corrupt or fraudulent practices in

competing for or in executing the contract.

23.2 In the event the purchaser terminates the contract in whole or in part, the purchaser may procure, upon such terms and in such manner as it deems appropriate, goods, works or services similar to those undelivered, and the supplier shall be liable to the purchaser for any excess costs for such similar goods, works or services. However, the supplier shall continue performance of the contract to the extent not terminated.

23.3 Where the purchaser terminates the contract in whole or in part, the purchaser may decide to impose a

restriction penalty on the supplier by prohibiting such supplier from doing business with the public sector for a period not exceeding 10 years.

23.4 If a purchaser intends imposing a restriction on a supplier or any person associated with the supplier, the

supplier will be allowed a time period of not more than 14 (fourteen) days to provide reasons why the envisaged restriction should not be imposed. Should the supplier fail to respond within the stipulated 14 (fourteen) days the purchaser may regard the intended penalty as not objected against and may impose it on the supplier.

23.5 Any restriction imposed on any person by the Accounting Officer/Authority will, at the discretion of the

Accounting Officer/Authority, also be applicable to any other enterprise or any partner, manager, director or other person who wholly or partly exercises or exercised or may exercise control over the enterprise of the first-mentioned person, and with which enterprise or person the first-mentioned person is or was, in the opinion of the Accounting Officer/Authority, actively associated.


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23.6 If a restriction is imposed, the purchaser must, within 5 (five) working days of such imposition, furnish the National Treasury with the following information: (i) the name and address of the supplier and/or person restricted by the purchaser; (ii) the date of commencement of the restriction; (iii) the period of restriction; and (iv) the reasons for the restriction.

These details will be loaded in the National Treasury’s central database of suppliers or persons prohibited from doing business with the public sector.

23.7 If a court of law convicts a person of an offence as contemplated in sections 12 or 13 of the Prevention and

Combating of Corrupt Activities Act, Act 12 of 2004, the court may also rule that such person’s name be endorsed on the Register for Tender Defaulters. When a person’s name has been endorsed on the Register, the person will be prohibited from doing business with the public sector for a period of not less than five years and not more than 10 years. The National Treasury is empowered to determine the period of restriction, and each case will be dealt with on its own merits. According to section 32 of the Act the Register must be open to the public. The Register can be perused on the National Treasury website.

24. Anti-dumping and countervailing duties and rights

24.1 When, after the date of bid, provisional payments are required, or anti-dumping or countervailing duties are

imposed, or the amount of a provisional payment or anti-dumping or countervailing right is increased in respect of any dumped or subsidised import, the State is not liable for any amount so required or imposed, or for the amount of any such increase. When, after the said date, such a provisional payment is no longer required or any such anti-dumping or countervailing right is abolished, or where the amount of such provisional payment or any such right is reduced, any such favourable difference shall, on demand, be paid forthwith by the contractor to the State, or the State may deduct such amounts from moneys (if any) which may otherwise be due to the contractor in regard to supplies or services which he or she delivered or rendered, or is to deliver or render in terms of the contract or any other contract or any other amount which may be due to him or her.

25. Force majeure

25.1 Notwithstanding the provisions of GCC Clauses 22 and 23, the supplier shall not be liable for forfeiture of its

performance security, damages, or termination for default if, and to the extent that, his delay in performance or other failure to perform his obligations under the contract is the result of an event of force majeure.

25.2 If a force majeure situation arises, the supplier shall notify the purchaser promptly, in writing, of such

condition and the cause thereof. Unless otherwise directed by the purchaser in writing, the supplier shall continue to perform its obligations under the contract as far as is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the force majeure event.

26. Termination for insolvency

26.1 The purchaser may at any time terminate the contract by giving written notice to the supplier if the supplier

becomes bankrupt or otherwise insolvent. In this event, termination will be without compensation to the supplier, provided that such termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to the purchaser.

27. Settlement of Disputes

27.1 If any dispute or difference of any kind whatsoever arises between the purchaser and the supplier in

connection with or arising out of the contract, the parties shall make every effort to resolve such dispute or difference amicably, by mutual consultation.

27.2 If, after 30 (thirty) days, the parties have failed to resolve their dispute or difference by such mutual

consultation, then either the purchaser or the supplier may give notice to the other party of his intention to commence with mediation. No mediation in respect of this matter may be commenced unless such notice is given to the other party.


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27.3 Should it not be possible to settle a dispute by means of mediation, it may be settled in a South African court

of law. 27.4 Mediation proceedings shall be conducted in accordance with the rules of procedure specified in the SCC. 27.5 Notwithstanding any reference to mediation and/or court proceedings herein,

a. the parties shall continue to perform their respective obligations under the contract unless they otherwise agree; and

b. the purchaser shall pay the supplier any monies due to the supplier.

28. Limitation of Liability

28.1 Except in cases of criminal negligence or willful misconduct, and in the case of infringement pursuant to Clause 6: a. the supplier shall not be liable to the purchaser, whether in contract, tort, or otherwise, for any indirect or

consequential loss or damage, loss of use, loss of production, or loss of profits or interest costs, provided that this exclusion shall not apply to any obligation of the supplier to pay penalties and/or damages to the purchaser; and

b. the aggregate liability of the supplier to the purchaser, whether under the contract, in tort or otherwise, shall not exceed the total contract price, provided that this limitation shall not apply to the cost of repairing or replacing defective equipment.

29. Governing language

29.1 The contract shall be written in English. All correspondence and other documents pertaining to the contract

that is exchanged by the parties shall also be written in English.

30. Applicable Law

30.1 The contract shall be interpreted in accordance with South African laws, unless otherwise specified in the

SCC.

31. Notices

31.1 Every written acceptance of a bid shall be posted to the supplier concerned by registered or certified mail,

and any other notice to him shall be posted by ordinary mail, to the address furnished in his bid or to the address notified later by him in writing; and such posting shall be deemed to be proper service of such notice.

31.2 The time mentioned in the contract documents for performing any act after such aforesaid notice has been

given, shall be reckoned from the date of posting of such notice.

32. Taxes and Duties

32.1 A foreign supplier shall be entirely responsible for all taxes, stamp duties, licence fees, and other such levies

imposed outside the purchaser’s country. 32.2 A local supplier shall be entirely responsible for all taxes, duties, licence fees, etc., incurred until delivery of

the contracted goods to the purchaser. 32.3 No contract shall be concluded with any bidder whose tax matters are not in order. Prior to the award of a bid

the Department must be in possession of a tax clearance certificate submitted by the bidder. This certificate must be an original issued by the South African Revenue Services.

33. National Industrial Participation (NIP) Programme

33.1 The NIP Programme administered by the Department of Trade and Industry shall be applicable to all

contracts that are subject to the NIP obligation.


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34 Prohibition of Restrictive practices

34.1 In terms of section 4 (1) (b) (iii) of the Competition Act, Act 89 of 1998, as amended, an agreement between or concerted practice by firms, or a decision by an association of firms, is prohibited if it is between parties in a horizontal relationship and if a bidder(s) is/are or a contractor(s) was/were involved in collusive bidding (or bid rigging).

34.2 If a bidder(s) or contractor(s), based on reasonable grounds or evidence obtained by the purchaser,

has/have engaged in the restrictive practice referred to above, the purchaser may refer the matter to the Competition Commission for investigation and possible imposition of administrative penalties as contemplated in the Competition Act, Act 89 of 1998.

34.3 If a bidder(s) or contractor(s) has/have been found guilty by the Competition Commission of the restrictive

practice referred to above, the purchaser may, in addition and without prejudice to any other remedy provided for, invalidate the bid(s) for such item(s) offered, and/or terminate the contract in whole or part, and/or restrict the bidder(s) or contractor(s) from conducting business with the public sector for a period not exceeding 10 (ten) years and/or claim damages from the bidder(s) or contractor(s) concerned.


54

SUPPORTING SCHEDULES

Schedule 1: Resolution by Directors / Members

RESOLUTION for completion by Directors (if the tenderer is a (Pty) Ltd or Ltd) or Members (if the

tenderer is a CC)

NAME OF TENDERER:______________________________________________________________

Meeting held at ____________________________________________ (place)

On _______________________________________________ (date) RESOLVED THAT: The Tenderer submits a tender to the City of Cape Town in respect of

TENDER NO: 369S/2011/2012 Maintenance of ultraviolet disinfection plant and equipment making

provision for scheduled services, repairs and spares for Potsdam and Bellville Waste Water Treatment

Plants

1. Mr/Mrs/Ms ________________________ in his/her capacity as ____________________ and who will

sign as follows:

_____________________________ (SPECIMEN SIGNATURE)

be, and is hereby, authorised to sign the tender and any and all other documents and/or correspondence in connection with and relating to the tender, as well as to sign any contract and or all documentation resulting from the award of the tender to the Tenderer.

Note: The resolution must be signed by all the directors /members of the Tenderer. Should the space provided below not be sufficient for all directors/members to sign, please attach a separate sheet to this schedule in the same format.

Name Capacity Signature

1

2

3

4

5

6


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Schedule 2: Certificate of Authority for Partnerships/Consortiums/Joint Ventures

This returnable schedule is to be completed if the tender is submitted by a partnership/consortium/joint

venture.

1. We, the undersigned, are submitting this tender offer as a partnership/consortium/joint venture and

hereby authorise Mr/Ms _____________________, of the authorised entity

__________________________________________, acting in the capacity of lead partner, to sign all

documents in connection with the tender offer and any contract resulting from it on the

partnership/consortium/joint venture’s behalf.

2. By signing this schedule the partners to the partnership/consortium/joint venture:

2.1 warrant that the tender submitted is in accordance with the main business and objectives of the

partnership/consortium/joint venture;

2.2 agree that the CCT shall make all payments in terms of this Contract into the following bank

account of the Lead Partner:

Account Holder: ____________________________

Financial Institution: _________________________

Branch Code: ______________________________ Account No.: _______________________________

2.3 agree that in the event that there is a change in the partnership/consortium/joint venture and/or

should a dispute arise between the partnership/consortium/joint venture partners, that the CCT shall continue to make any/all payments due and payable in terms of the Contract into the aforesaid bank account until such time as the CCT is presented with a Court Order or an original agreement (signed by each and every partner of the partnership/consortium/joint venture) notifying the CCT of the details of the new bank account into which it is required to make payment.

2.4 agree that they shall be jointly and severally liable to the CCT for the due and proper fulfilment by the

successful Tenderer/supplier of its obligations in terms of the Contract as well as any damages suffered by the CCT as a result of breach by the successful Tenderer/supplier. The partnership/consortium/joint venture partners hereby renounce the benefits of excussion and division.


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SIGNED BY THE PARTNERS OF THE PARTNERSHIP/CONSORTIUM/JOINT VENTURE

NAME OF FIRM ADDRESS DULY AUTHORISED SIGNATORY

Lead partner

Signature………………….. Name……………………… Designation………………..



Note: A copy of the Joint Venture Agreement shall be appended to Schedule 14.


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Schedule 3: Declaration for Procurement above R10 million

(VAT included)

If the value of the transaction is expected to exceed R10 million (VAT included) the tenderer shall submit the following information by completing the fields below, attaching the necessary documentation and signing this schedule:

1. If the Tenderer is required by law to prepare annual financial statements for auditing, the audited

annual financial statements –

(i) for the past three years, or (ii) since the Tenderer’s establishment (if established during the past three years) must be attached to this schedule.

2. The Tenderer hereby certifies that it has no undisputed commitments for municipal services

towards the City of Cape Town or other service provider in respect of which payment is overdue

for more than 30 (thirty) days.

3. Particulars of any contracts awarded to the Tenderer by an organ of state during the past 5 (five)

years, including particulars of any material non-compliance or dispute concerning the execution

of such contract shall be listed in the table below; alternatively, attached to this schedule in the

same format as the table below:

Organ of State Contract Description Contract

Period

Non-

compliance/dispute

(if any)

4. Any portion of the goods or services which are expected to be sourced from outside the Republic

and any portion of payment from the City of Cape Town which is expected to be transferred out of the Republic shall be recorded below:

The Tenderer hereby certifies that the information set out in this schedule and/or attached thereto is true and correct, and acknowledges that failure to properly and truthfully complete this schedule may result in the tender being disqualified, and/or (in the event that the Tenderer is successful) the cancellation of the contract.

___________________________________ ___________________________________ Signature Print name: Date On behalf of the tenderer (duly authorised)


58

Schedule 4: Preferencing Schedule

1 Definitions

The following definitions shall apply to this schedule:

B-BBEE: Broad-based black economic empowerment, as defined in section 1 of the Broad-Based Black Economic Empowerment Act.

B-BBEE status level of contributor: The B-BBEE status received by a measured entity based on its overall performance using the relevant scorecard contained in the Codes of Good Practice on Black Economic Empowerment, issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act.

Black-owned: The percentage of an exempted micro enterprise owned by black people.

Black people: A generic term which means Africans, Coloureds and Indians, as defined in section 1 of the Broad-Based Black Economic Empowerment Act.

Broad-Based Black Economic Empowerment Act: The Broad-Based Black Economic Empowerment Act, Act 53 of 2003.

Exempted Micro Enterprise (EME): A tenderer/supplier with annual total revenue of R5 million or less, as defined in the Codes of Good Practice on Black Economic Empowerment, issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act.

Non-compliant contributor: A company/firm/entity that does not meet the minimum score for a level 8 contributor, or who is not verified in terms of the applicable Sector Charter.

Prime Contractor: The organisation/tenderer named on the Contract Form, whose offer has been accepted by the CCT.

Sub-Contract/Contractor: means the primary supplier/successful tenderer's assigning, leasing, making out

work to, or employing another person to support such primary supplier/successful tenderer in the execution of

part of a project in terms of the contract;

Value of the contract: The contract sum (accepted contract amount) less provisional sums, contingencies and VAT.

2 Conditions associated with the granting of preferences A company/firm/entity that is granted a preference undertakes to: 1) accept that the number of preference points shall be determined as at the closing date for submission of

tender offers, from the B-BBEE status level certificates submitted to the CCT’s Supplier Management

Office;

2) not sub-contract more than 25% of the value of the contract to sub-contractors that do not have an equal

or higher B-BBEE status level than the Prime Contractor, unless the intended sub-contractors are

exempted micro enterprises that have the capability and ability to execute the sub-contract works, or

unless otherwise declared in terms of Section 5 below;

3) accept the sanctions set out in Section 3 below should condition 2 above be breached, or should the B-

BBEE status level of contribution be found to have been claimed or obtained on a fraudulent basis;


59

4) accept that, in order to qualify for preference points, it is the responsibility of the tenderer to submit the

relevant certificate(s) (either an original valid B-BBEE status level verification certificate or an Exempted

Micro Enterprise certificate issued by a registered auditor, accounting officer (as contemplated in section

60(4) of the Close Corporation Act, Act 69 of 1984) or an accredited verification agency, or certified copies

thereof) in terms of the Preferential Procurement Regulations, 2011, to Supplier Management Office, 8th

Floor, Civic Centre, 12 Hertzog Boulevard, Cape Town (Tel 021 400 9242/3/4/5);

5) accept that, further to 4) above, Consortiums/Joint Ventures will qualify for preference points, provided

that the entity submits the relevant certificate/scorecard in terms of the Preferential Procurement

Regulations, 2011. Note that in the case of unincorporated entities, a verified scorecard in the name of

the Consortium/Joint Venture must be submitted with the tender (attached to this schedule);

6) accept that the B-BBEE contributor status claimed by the tenderer in Section 4 below will be verified by

the CCT against that given on the CCT’s Vendor Database. If any discrepancy exists, or if Table 1:

(Tender preference claim) below is not completed, the CCT shall use the status given on the CCT

Vendor Database, as at the closing date for submission of tender offers, to determine the number of

preference points to be awarded to the tenderer, unless otherwise declared in terms of Section 5 below;

7) accept that, notwithstanding 6) above, a prime contractor will not be awarded points for B-BBEE status

level if he indicates in his tender that he intends sub-contracting more than 25% of the value of the

contract to sub-contractors that do not qualify for at least the points that the prime contractor qualifies for,

unless the intended sub-contractors are exempted micro enterprises that have the capability and ability

to execute the sub-contract works, or unless otherwise declared in terms of Section 5 below.

3 Sanctions relating to breaches of preferencing conditions The sanctions for breaching the conditions associated with the granting of preferences are: 1) disqualify the tenderer from the tendering process; 2) recover all costs, losses or damages the CCT has incurred or suffered as a result of the tenderer’s or

supplier’s conduct; 3) cancel the contract and claim any damages which the CCT has suffered as a result of having to make less

favourable arrangements due to such cancellation; 4) restrict the tenderer or supplier, its shareholders and directors, or only the shareholders and directors who

acted on a fraudulent basis, from obtaining business from the CCT for a period not exceeding 10 years, after the audi alteram partem (hear the other side) rule has been applied;

5) forward the matter for criminal prosecution; and/or 6) a financial penalty payable to the CCT, as set out below. Financial penalty for breach of condition 2 in Section 2 above:

The penalty to be applied for sub-contracting more than 25% of the value of the contract to sub-contractors

that do not qualify for at least the preference points that the prime contractor qualified for (unless proven

to be beyond the control of the prime contractor, or the sub-contractors are EMEs) shall be as provided for

in the following formula:

Penalty = 0.5 x E(%) x P*

where:

E = The value of work (excluding VAT) executed by sub-contractors that do not qualify for at least the

preference points that the prime contractor qualified for, expressed as a percentage of P*, less 25%

P* = Value of the contract


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4 Tender preference claim in respect of enterprise status or structure of the tendering entity In the interest of transparency, tenderers are required to complete Table 1: Tender preference claim below.

Table 1: Tender preference claim

Type of B-BBEE Contributor Status (tick box(es)

below as applicable)

Exempted Micro Enterprise (EME), greater than 50% black-

owned

Exempted Micro Enterprise (EME) less than or equal to

50% black-owned

Verified B-BBEE contributor B-BBEE Status Level of Contributor

1

Non-compliant contributor

1 If it is indicated that the company/firm/entity is a verified B-BBEE contributor, then the verified status level of contributor must be inserted in the box provided (insert a number from 1 to 8 as applicable)

5 Declarations

1) With reference to condition 7 in Section 2 above, the tenderer declares that (tick one box as applicable):

It intends sub-contracting more than 25% of the value of the contract to sub-contractors that do not qualify for at least the points that the tenderer as Prime Contractor qualifies for.

It DOES NOT intend sub-contracting more than 25% of the value of the contract to sub-contractors that do not qualify for at least the points that the tenderer as prime supplier qualifies for.

2) The undersigned warrants that he/she is duly authorised to do so on behalf of the tenderer, confirms that

he/she understands the conditions under which preferences are granted, and confirms that the tenderer/supplier will satisfy conditions pertaining to the granting of tender preferences.


INITIALS OF CITY OFFICIALS AT

TENDER OPENING

1. 2. 3.


61

Schedule 5: Declaration of Interest – State Employees

The following particulars must completed by all tenderers. In the case of a partnership/consortium/joint venture,

separate enterprise questionnaires in respect of each partner must be completed and submitted.

Section 1: Name of enterprise: _____________________________________________________

Physical address of enterprise: _____________________________________________________

(LOCAL OFFICE) _____________________________________________________

_____________________________________________________

Section 2: VAT registration number, if any: ___________________________________________

Section 3: Particulars of sole proprietors or partners in partnership/consortium/joint venture

Name* Identity number* Tax/VAT reference number*

* Complete only if sole proprietor or partnership, and attach separate page if more than 3 partners

Section 4: Particulars of companies and close corporations

Company registration number _________________________________________________________

Close corporation number ____________________________________________________________

Tax and/or VAT reference number _________________________________________________________

Section 5: Record of service of the state

Indicate, by marking the relevant boxes with a cross, if any sole proprietor, partner in a partnership/consortium/joint venture, or director, manager, principal shareholder or stakeholder in a company, or member of a close corporation, is currently or has within the last 12 months been in the service of any of the following:

a member of any municipal council

a member of any provincial legislature

a member of the National Assembly or the

National Council of Provinces

a member of the board of directors of any

municipal entity

an official of any municipality or municipal

entity

an employee of any provincial department,

national or provincial public entity or

constitutional institution within the meaning of

the Public Finance Management Act, Act 1 of

1999

a member of an accounting authority of any

national or provincial public entity

an employee of Parliament or a provincial

legislature


62

If any of the above boxes are marked, disclose the following*:

Name of sole

proprietor, partner,

director, manager,

principal shareholder

or stakeholder or

member

Identity Number Name of institution, public

office, board or organ of

state and position held

Status of service

(tick appropriate

column)

current Within

last 12

months

*insert separate page if necessary

Section 6: Record of spouses, children and parents in the service of the state

Indicate, by marking the relevant boxes with a cross, if any spouse, child or parent of a sole proprietor, partner in a partnership/consortium/joint venture, or director, manager, principal shareholder or stakeholder in a company, or member of a close corporation, is currently or has within the last 12 months been in the service of any of the following: a member of any municipal council

a member of any provincial

legislature

a member of the National Assembly

or the National Council of Provinces

a member of the board of directors

of any municipal entity

an official of any municipality or

municipal entity

an employee of any provincial department,

national or provincial public entity or

constitutional institution within the meaning of

the Public Finance Management Act, Act 1 of

1999

a member of an accounting authority of any

national or provincial public entity

an employee of Parliament or a provincial

legislature

Name of spouse,

child or parent

Identity Number Name of institution, public

office, board or organ of

state and position held

Status of service (tick

appropriate column)

Current Within

last 12

months

*insert separate page if necessary

The undersigned, who warrants that he/she is duly authorised to do so on behalf of the enterprise: i) confirms that the neither the name of the enterprise nor the name of any partner, manager, director, member or

other person who wholly or partly exercises or may exercise control over the enterprise appears on the Register of


63

Tender Defaulters established in terms of the Prevention and Combating of Corrupt Activities Act of 2004; ii) confirms that no partner, member, director or other person who wholly or partly exercises or may exercise control

over the enterprise has within the last five years been convicted of fraud or corruption; iii) confirms that I/we are not associated, linked or involved with any other tendering entities submitting tender offers

and have no other relationship with any of the tenderers or those responsible for compiling the specification that could cause or be interpreted as a conflict of interest.

The tenderer hereby certifies that the information set out in this schedule and/or attached thereto is true and correct, and acknowledges that failure to properly and truthfully complete this schedule may result in the tender being disqualified, and/or (in the event that the tenderer is successful) the cancellation of the contract.



64

Schedule 6: Conflict of Interest Declaration

1. The tenderer shall declare whether it has any conflict of interest in the transaction for which the tender is

submitted. (Mark the appropriate box with ‘X’.)

YES NO

If yes, the tenderer is required to set out the particulars in the table below:

2. The tenderer shall declare whether it has directly or through a representative or intermediary promised,

offered or granted:

2.1 any inducement or reward to the City of Cape Town for or in connection with the award of this contract; or

2.2 any reward, gift, favour or hospitality to any official or any other role player involved in the

implementation of the supply chain management policy. (Mark the appropriate box with ‘X’.)

YES NO

If yes, the tenderer is required to set out the particulars in the table below:

Should the tenderer be aware of any corrupt or fraudulent transactions relating to the procurement process of the City of Cape Town, please contact the following:

[email protected]

or the City’s anti-corruption hotline at 0800 32 31 30 (toll free)

The tenderer hereby certifies that the information set out in this schedule and/or attached thereto is true and correct, and acknowledges that failure to properly and truthfully complete this schedule may result in the tender being disqualified, and/or (in the event that the tenderer is successful) cancellation of contract. ___________________________________ ___________________________________ Signature Print name: Date On behalf of the tenderer (duly authorised)

mailto:[email protected]


65

Schedule 7: Declaration of Tenderer’s Past Supply Chain Management Practices

Where the entity tendering is a partnership/consortium/joint venture, each party to the

partnership/consortium/joint venture must sign a declaration in terms of the Municipal Finance

Management Act, Act 56 0f 2003, and attach it to this schedule.

Item Question Ye

s

No

1.1 Is the tenderer or any of its directors listed on the National Treasury’s database as a company or person prohibited from doing business with the public sector?

(Companies or persons who are listed on this database were informed in writing

of this restriction by the National Treasury after the audi alteram partem rule

was applied).

Yes

No

1.1.1 If so, furnish particulars:

1.2 Is the tenderer or any of its directors listed on the Register for Tender Defaulters in terms of section 29 of the Prevention and Combating of Corrupt Activities Act, Act 12 of 2004?

(To access this Register, enter the National Treasury’s website,

www.treasury.gov.za, and click on the icon ‘Register for Tender Defaulters’, or

submit your written request for a hard copy of the Register to facsimile number

012 326 5445.)

Yes

No


1.3 Was the Tenderer or any of its directors convicted by a court of law (including a court of law outside the Republic of South Africa) for fraud or corruption during the past five years?

Yes

No


1.4 Does the Tenderer or any of its directors owe any municipal rates and taxes or municipal charges to the municipality/municipal entity, or to any other municipality/municipal entity, that is in arrears for more than three months?

Yes

No


1.5 Was any contract between the Tenderer and the municipality/municipal entity or any other organ of state terminated during the past five years on account of failure to perform on or comply with the contract?

Yes

No


CERTIFICATION

The tenderer hereby certifies that the information set out in this schedule and/or attached thereto is true and correct, and acknowledges that failure to properly and truthfully complete this schedule may result in the tender being disqualified, and/or (in the event that the tenderer is successful) the cancellation of the contract.


http://www.treasury.gov.za/


66

Schedule 8: Authorisation for the Deduction of Outstanding Amounts Owed to the City of Cape Town

CCTPF 005: Authorisation to deduct outstanding amounts To: THE CITY MANAGER, CITY OF CAPE TOWN From: _______________________________________________________________ (Name of Tenderer)

R E : AU T H O R I SAT I O N F O R T H E D ED U C T I O N O F O U T ST AN D I N G AM O U N T S O W ED

T O T H E C I T Y O F C APE T O W N The Tenderer:

a) hereby acknowledges that according to SCM Regulation 38(1)(d)(i) the City Manager may reject the

tender of the tenderer if any municipal rates and taxes or municipal service charges owed by the

Tenderer or any of its directors/members/partners to the City of Cape Town, or to any other municipality

or municipal entity, are in arrears for more than 3 (three) months; and

b) therefore hereby agrees and authorises the City of Cape Town to deduct the full amount outstanding by

the tenderer or any of its directors/members/partners from any payment due to the tenderer; and

c) confirms the following information for the purpose of giving effect to b) above;

d) hereby certifies that the information set out in this schedule and/or attached thereto is true and correct.

The tenderer acknowledges that failure to properly and truthfully complete this schedule may result in

the tender being disqualified, and/or (in the event that the tenderer is successful) the cancellation of the

contract.

Physical Business address(es) of the Tenderer Municipal Account

number(s)

If there is not enough space for all the names, please attach the information to this schedule in the same format:

Name of Director / Member /

Partner

Identity Number

Physical residential address of Director / Member / Partner

Municipal Account

number(s)



67

Schedule 9: Guarantee/Performance Security

NOT APPLICABLE


68

Schedule 10: Contract Price Adjustment & Rate of Exchange Variations

1. STANDARD CONTRACT PRICE ADJUSTMENT FOR EQUIPMENT SERVICE AT POTSDAM AND

BELLVILLE AND WILL BE APPLICABLE TO MISCELLANEOUS

The first year of the period tender the Contract price shall be fixed and not be subject to any contract price adjustment. The first year of the period tender shall be the 12 months from the date of the Letter of Notification.

In the second year of the period tender the Contract Price shall be subject to contract price

adjustment as follows: The contract price adjustment for the second and third year shall be equal to the calculated contract price adjustment for the first year.

i) Second year: Fixed at 10%. Material and labour: 90% (to be adjusted according to headline inflation rate being CPI for all urban areas). The increase on the tender price will be applicable for the second year commencing the period following the first year of the period tender.

ii) Third year: Fixed at 10%. Material and labour: 90% (to be adjusted according to headline inflation rate being CPI for all urban areas). The increase on the tender price will be applicable for the third year commencing the period following the second year of the period tender.

2. STANDARD CONTRACT PRICE ADJUSTMENT FOR EQUIPMENT SERVICE AT POTSDAM AND

BELLVILLE AND WILL BE APPLICABLE TO MISCELLANEOUS

2.1 The first year of the period tender the Contract price shall be fixed and not be subject to any contract price adjustment. The first year of the period tender shall be the 12 months from the date of the Letter of Notification.

2.2 In the second year of the period tender the Contract Price shall be subject to contract price

adjustment as follows:

2.2.1 Increase using Supplier Price Lists

The tender price shall be subject to adjustment based on Supplier’s Price Lists. Supplier:_________________________________________________________ Date of Price List/Quotation upon which tender is based______________________

Price List/Quotation Reference Number____________________________________

N.B. The above information must be provided for each item supplied to the Tenderer.

Copies of price lists on which tender prices are based must be enclosed for all items.

Tenderers will be entitled to claim only the difference between the cost of the product at

the time of tendering and the new cost. Documentation to this effect must be submitted

with each claim.


69

2.2.2 Rate of Exchange Variations

Exchange Rate on which tender is based: ________ 1 = SA Rand ______________ Name of Bank: ____________________ Date of quoted rate of exchange: ________ ________ End date applicable for variation, i.e. Date of shipment received (waybill), in terms of Forward Cover

Contract, etc: _____________________________________________

Item No.

Amount and denomination of foreign currency

required

(1)

Rate of exchange as at

14 days prior to date of tender

(2)

Equivalent in Rand of foreign currency content (columns 1&2)

(3)

Amount of South African Content

(4)

Total amount (equivalent in

Rand of columns 3+4) (Excl. VAT)

(5)

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

2.2.2.1 Tenderers must include a table of foreign currency content per item attached hereto.

2.2.2.2 Tenderers are required to give a breakdown of each item’s exchange rate variation in the table

referred to) above.


70

2.2.2.3 The actual rates and the dates on which these items are based must be quoted. Merely to state

‘ruling rates’ at a particular date is not acceptable. If more than one tendered item is affected, the

relevant information shall be stated in the table attached hereto.

2.2.2.4 Where prices are subject to a rate of exchange, suppliers must indicate on their exchange the

rate of applicable, as well as the date and method of the foreign payment (for example, against

L/C on date of shipment, or upon receipt, etc.).

2.2.2.5 The CCT will require a supplier to purchase Forward Cover for each individual order at the time of

placing the order during the contract period, and to supply the CCT with a copy of the foreign

contract and such other documentation as the CCT may deem necessary.

2.2.2.6 If Forward Cover has not been obtained yet, it is a condition of this contract that at the time

when the final confirmation of the award is communicated to the supplier (successful tenderer),

the supplier must immediately make appropriate arrangements to take out Forward Cover to

avoid further fluctuations in the Rand value of the contract.

2.2.2.7 In the event of vi) above, the supplier must ensure that the Director : Supply Chain

Management is furnished with a full set of supporting documents (e.g. Bill of Entry, Proof of

Purchase of Foreign Exchange from Bank, and Foreign Invoice) before payment for the

imported goods can be claimed.

2.2.2.8 This condition may be varied by a written instruction attached to the Form of Offer and

Acceptance, which will be signed on confirmation of the contract award to the successful

tenderer.


71

Schedule 11: Occupational Health and Safety

AGREEMENT IN TERMS OF SECTION 37(2) ENTERED INTO BETWEEN

THE CITY OF CAPE TOWN

(being the purchaser, and hereinafter referred to as the ‘Employer’)

And

.............................................................................................................................. (being the supplier, and hereinafter referred to as the ‘Mandatary’)

in respect of

(hereinafter referred to as the ‘work’)

Tender Number: 369S/2011/2012 Maintenance of ultraviolet disinfection plant and equipment making

provision for scheduled services, repairs and spares for Potsdam and Bellville Waste Water Treatment

Plants

WHEREAS:

Section 37(1) of the Occupational Health and Safety Act, Act 85 of 1993, as amended (‘the Act’) provides that an employer shall be liable to be convicted and sentenced in respect of an act or omission by its mandatary or employee;

the supplier, appointed by the Employer to do work (as contemplated in the Act) is also liable in terms of Section 37(3) (and in his own right as employer) to comply with the provisions of the Act applicable to his employees and mandataries;

Section 37(2) of the Act limits the Employer’s liability in terms of Section 37(1) if the Employer and Mandatary have agreed in writing to the arrangements and procedures between them to ensure compliance by the Mandatary;

ACCORDINGLY, the Employer and Mandatary hereby agree as follows:

1. The Mandatary hereby accepts responsibility for compliance with the Act in respect of the work, in terms

of Section 37(2) of the Act.

2. The Mandatary hereby indemnifies the Employer against patrimonial loss/damages which the Employer

may suffer as a direct result of any claims and/or steps that may be instituted against the Employer due

to non-compliance by the Mandatary (or employees and mandataries of the Mandatary) with the

provisions of the Act.

3. Without limitation to the aforesaid indemnity, the Employer and Mandatary agree to the following

arrangements and procedures to ensure compliance by the Mandatary with the provisions of the Act:

3.1 The Mandatary warrants that he or she has read and fully understands the requirements of the

above Act and the applicable regulations, and has allowed for all costs to be incurred to ensure

such compliance.

3.2 The Mandatary has prepared and attached hereto a Health and Safety Plan marked ‘A’ which

has been agreed between the parties to be appropriate for the work.

4. The Mandatary is required to ensure that all sub-contractors, and other persons engaged in the

execution of the work, also comply with the requirements of the Act.


72

5. The Mandatary undertakes to inform the Employer immediately should the Mandatary, at any time during

the execution of the work, find that:

5.1 he or she cannot comply with the provisions of the Act, and/or 5.2 the afore-mentioned indemnity; and/or 5.3 he is unable to perform in accordance with this agreement or the Health and Safety Plan; and/or 5.4 his compliance with the Act and this agreement has been detrimentally affected in any manner;

The Mandatary shall liaise with the Employer, who shall be entitled in its sole discretion to agree to release the Mandatary from the provisions of this agreement and/or the indemnity granted by the Mandatary herein and/or to agree to amendment of the provisions of this agreement, subject to such conditions which the Employer may elect to impose.

6. The Mandatary hereby appoints Mr/Ms..................................................... as its representative and the

responsible person for the duration of the Contract.

7. The Mandatary’s Registration number with the Compensation Commissioner: ........................... A

certified copy of a valid Letter of Good Standing issued by the Compensation Commissioner, or proof

of insurance with a licenced compensation insurer, from either the tenderer’s broker or the insurance

company itself, shall be attached hereto and marked ‘B’.

THUS DONE AND SIGNED at..............................on this......day of ................... 20....

_________________________________

PRINCIPAL (For and on behalf of City of Cape Town)

THUS DONE AND SIGNED at................................on this......day of ...................20....

__________________________________

MANDATARY (Supplier)


73

Schedule 12:

Certificate of Independent Tender Determination

I, the undersigned, in submitting this tender S/2011/2012 - Maintenance of ultraviolet disinfestation plant and equipment making provision for scheduled services, repairs and spares for Potsdam and Bellville waste water treatment plants

In response to the tender invitation made by THE CITY OF CAPE TOWN, do hereby make the following statements, which I certify to be true and complete in every respect.

I certify, on behalf of :______________________________________________________ (Name of Tenderer)

That: 1. I have read and I understand the contents of this Certificate;

2. I understand that this tender will be disqualified if this Certificate is found not to be true and complete in every respect;

3. I am authorised by the tenderer to sign this Certificate, and to submit this tender, on behalf of the tenderer;

4. Each person whose signature appears on this tender has been authorised by the tenderer to determine the terms of, and to sign, the tender on behalf of the tenderer;

5. For the purposes of this Certificate and this tender, I understand that the word ‘competitor’ shall include any individual or organisation other than the tenderer, whether or not affiliated with the tenderer, who:

(a) has been requested to submit a tender in response to this tender invitation;

(b) could potentially submit a tender in response to this tender invitation, based on their qualifications, abilities or experience; and

(c) provides the same goods and services as the tenderer and/or is in the same line of business as the tenderer.

6. The tenderer has arrived at this tender independently from and without consultation, communication, agreement or arrangement with any competitor. However, communication between partners in a joint venture or consortium

1 will not be construed as collusive price quoting.

(1 Consortium: Joint venture or Consortium means an association of persons for the purpose of

combining their expertise, property, capital, efforts, skill and knowledge in an activity for the

execution of a contract.)

7. In particular, without limiting the generality of paragraphs 5 and 6 above, there has been no consultation, communication, agreement or arrangement with any competitor regarding:

(a) prices;

(b) geographical area where product or service will be rendered (market allocation);

(c) methods, factors or formulas used to calculate prices;

(d) the intention or decision to submit or not to submit a tender;

(e) the submission of a tender which does not meet the specifications and conditions of the tender; or

(f) tendering with the intention not to win the contract.

8. In addition, there have been no consultations, communications, agreements or arrangements with any competitor regarding the quality, quantity, specifications and conditions or delivery particulars of the products or services to which this tender invitation relates.

9. The terms of this tender have not been and will not be disclosed by the tenderer, directly or indirectly, to any competitor, prior to the date and time of the official tender opening or of the awarding of the contract.


74

10. I am aware that, in addition and without prejudice to any other remedy provided to combat any restrictive practices related to tenders and contracts, tenders that are suspicious will be reported to the Competition Commission for investigation and possible imposition of administrative penalties in terms of section 59 of the Competition Act, Act 89 of 1998, and/or may be reported to the National Prosecuting Authority (NPA) for criminal investigation, and/or may be restricted from conducting business with the public sector for a period not exceeding 10 (ten) years in terms of the Prevention and Combating of Corrupt Activities Act, Act 12 of 2004, or any other applicable legislation.



75

SCHEDULE 13: CITY OF CAPE TOWN Project Labour Report

NOT APPLICABLE


76

Schedule 14: List of other documents attached by Tenderer

The tenderer has attached to this schedule the following additional documentation:

Date of Document Title of Document or Description

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

Attach additional pages if more space is required.



77

Annexures

Annexure A

1 COMPLIANCE TO:

1.1 SANS 10142 Wiring of Premises, Part 1: Low voltage installations YES NO

1.2 SANS & SABS

MARK

Where required all equipment and material shall bear the SANS or SABS Mark as per tender specification.

YES

NO

2 SUBMITTED WITH TENDER DOCUMENT:

2.1 SARS Original Tax Clearance Certificate YES NO

2.2 COID Certified Copy of COID registration YES NO

2.3 STAFF Number of staff qualified in electrical and mechanical work in employment, provide detail in list below

YES NO

Proof submitted of the above staff requirements

YES NO

2.4 Authorisation by Board/Owner for Person to sign Tender YES NO

2.5 ISO 9000 Certificate of Registration YES NO

Signature Date


78

Annexure B

PREVIOUS EXPERIENCE

PLEASE INDICATE ALL RELEVANT PAST/CURRENT EXPERIENCE

Recent Details

1

Ref Number & Brief Description of Contract:

____________________________________

____________________________________

Starting Date: ________________________

End Date: ________________________

Total Value of Contract awarded to you:

R ________________________

Principal (Employer / Awarder of Contract): ________________________ ( Company / Institution )

Contact Person at Principal:

________________________ ( First name or Initials, plus Surname )

Telephone Number: ________________________

2


____________________________________

____________________________________

Starting Date: ________________________

End Date: ________________________


R _______________________





3


____________________________________

____________________________________

Starting Date: ________________________

End Date: ________________________


R ________________________





4


____________________________________

____________________________________

Starting Date: ________________________

End Date: ________________________


R ________________________






79

Annexure C

1. QUALIFICATIONS OF STAFF

NAME ID Qualification Ref No.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15


80

2. DESIGNATION OF STAFF

NAME

DESIGNATION


81

Annexure D

1. PARTICULARS OF VEHICLES

(Information to be supplied with Tender)

The Tenderer shall list:

The particulars of vehicles owned and which intends to use during the course of this Contract.

Model Make Registration No. Quantity

Owned:

To be obtained:

Hired:


82

2. WORKSHOP ADDRESS: …………………………………………. ………………………………………….. …………………………………………… …………………………………………… ……………………………………………


83

3. LIST OF EQUIPMENT:

DESCRIPTION

QUANTITY


84

Annexure E

SPECIFICATION FOR OCCUPATIONAL HEALTH AND SAFETY

CITY OF CAPE TOWN

HEALTH AND SAFETY SPECIFICATION AND PLAN FOR MINOR CONTRACTS

PURPOSE:

In terms of the Construction Regulations 2003 of the Occupational Health and Safety Act, Act No. 85 of 1993 as amended, the Client must provide the Contractor with a Health and Safety Specification to which the Contractor must respond with a Health and Safety Plan for approval by the Client. This document is intended to cater for the contracts by providing the Health and Safety Specification in table form to which the Contractor must respond by completing the last column, which is then deemed to constitute the Health and Safety Plan for this contract.

SCOPE:

This contract comprises: Maintenance of ultraviolet disinfestation plant and equipment, making provision for scheduled services, repairs and spares for Potsdam and Bellville Waste Water Treatment Plants.

GENERAL:

This specification covers health and safety matters applicable during construction and maintenance of the Ultraviolet disinfection infrastructure. The Contractor shall comply with the Occupational Health and Safety Act and Regulations, Act No. 85 of 1993 as amended (OHSA) and in particular with the Construction Regulations, 2003. In this regard refer also the Health and Safety Agreement and Conditions in terms of OHSA Section 37(2), attached to these contract documents. All the work included in this Contract shall, for the purpose of complying with OHSA and the Construction Regulations, be deemed to be “construction work”. It should be noted that, with a few exceptions, the Standard Specifications and the Project Specifications are “end product specifications” and not “method specifications”. As the methods of construction to be used are generally determined by the Contractor, detailed safety requirements applicable to all the operations to be carried out on Site are not provided in the project documentation. The Contractor shall apply all the relevant regulations and requirements to the work methods and materials used.


85

INDEX: PAGE

1. ADMINISTRATIVE & LEGAL REQUIREMENTS

CR 3(1) :Notice of carrying out construction work 5

CR 4: Appointment of Contractors and H&S Specification by Client 5

CR 4(1)(g): *Registration with Compensation Insurer (COID Act Sect 80) 5

CR 5: Contractor and Sub-contractor’s H&S Plans 5

CR 6(1); Designation of person responsible for the construction 5

CR 6(2): Designation of Assistant for above 5

CR 7: Risk Assessment 6

CR 8: Fall prevention and protection 6

CR 8(5): Roof work 6

CR 9: Structures 6

CR10: Formwork & Support work 7

CR11: Excavations 7

CR12: Demolition Work 7

CR13: Tunnelling Mine H&S Act 8

CR14: Scaffolding 8

CR15: Suspended Platforms 8

CR 16: Boatswain’s Chair 9

CR17: Material Hoists 9

CR18: Batch Plants 9

CR19: Explosive Powered Tools 10

CR 20: Cranes 10

CR 21: Construction Vehicles & Earth Moving Equipment 10

CR 22: Electrical Installations and Machinery on Construction Sites 11

CR 23: GSR4: Use and temporary storage of flammable liquids 11

CR 24: Water Environments 11

CR 25: Housekeeping on Construction Sites 12

CR 26: Stacking & Storage on Construction Sites 12

CR 27: Fire precautions on Construction Sites 12

CR 28(1) Construction Welfare Facilities 12

AR 11: Control of exposure to Asbestos 13

DR 7: Control of Diving Operations 13

(GAR)(2) 9: *Recording and Investigation of Incidents 13

GSR 2: *Personal Safety Equipment (PSE) 14

GSR 3: *First Aid 14

GSR 9: *Inspection & use of welding/flame cutting equipment 14

GSR 13A: *Inspection of Ladders 15

GSR 13B: *Ramps 15

HCSR 10: Control of exposure to HCS 15

Sect 16(2) Assigned duties (Managers) 15

Sect 17 & 18: GAR 6 & 7: *Designation of Occupational Health and Safety Rep 15

Sect 19 & 20: GAR(2) 5: *Occupational Health and Safety Committee/s 16

Sect 24: GAR 8: COID Act Sect 38, 39 & 41: *Reporting of incidents 16

Section 37(1) & (2): *H&S Agreement with Employer and Mandataries 16

VUPR 13: Vessels under Pressure (VUP) 16

2. EDUCATION & TRAINING

Sect 7(1): *Company H&S Policy 17

Sect 13(a): *Company/Site H&S Rules 17

Sect 13(a): *Induction & Task Safety Training 17

Sect 8: *General H&S Training 17

Sect 8: *Occupational health and safety promotion 18


86

3. PUBLIC SAFETY, SECURITY MEASURES & EMERGENCY PREPAREDNESS

ERW9: MHIR6: *Emergency Preparedness 19

ERW9: MHIR6: *Emergency Drill & Evacuation 19

GSR2C: *Admittance of Persons 19

GSR2: *Personal safety equipment and facilities 20

4. PERSONAL PROTECTIVE EQUIPMENT

GSR2: *PPE needs analysis 21

GSR2: *Head Protection 21

GSR2: *Foot Protection 21

GSR2: *Eye and Face Protection 21

GSR2: *Hearing Protection 22

GSR2: *Hand Protection 22

GSR2: *Respiratory Protection 22

GSR2: *Fall Prevention Equipment 23

GSR2: *Protective Clothing 23

GSR2: *PPE Issue & Control 23

ABREVIATIONS AND DEFINITIONS: COID - Compensation for Occupational Injuries and Diseases CR - Construction Regulations DMR - Driven Machinery Regulations EMR - Electrical Machinery Regulations GAR - General Administrative Regulations GSR - General Safety Regulations H&S - Health and Safety HCS - Hazardous Chemical Substance MHIR - Major Hazard Installation Regulations OHSA - Occupational Health and Safety Act and Regulations, Act No. 85 of 1993 as amended RA - Risk assessment RHCS - Regulations for Hazardous Chemical Substances Sect - Section of the Occupational Health and Safety Act Site - Means the demarcated construction site VUP - Vessels under Pressure VUPR - Vessels under Pressure Regulations WCL1 Form - Form to be completed for every work related disease requiring medical treatment that may

lead to COID claims. WCL2 Form - Form to be completed for every work related injury requiring medical treatment that may

lead to COID claims.


87

1. ADMINISTRATIVE & LEGAL REQUIREMENTS

OHSA REF & TOPIC REQUIREMENTS

APPLICAB

LE

YES // NO

PROJECT SPECIFIC H&S

SPECIFICATION CONTRACTOR H&S PLAN

CR 3(1): Notice of carrying out Construction work

The Department of Labour must be notified, if applicable. A copy of notice must be available on site.

CR 4: Appointment of Contractors and H&S Specification by Client

The Client shall appoint each principal Contractor in writing and prepare a H&S Specification for each construction project and inform the contractors of any specific risks to the health and safety of the construction workers on Site.

CR 4: *Registration with Compensation Insurer

Each Contractor must be registered with an approved compensation insurer and the Client must verify that proof of registration/letter of good-standing is available on Site

CR 5: Contractor and Sub-contractor’s H&S Plans

H&S Specifications received from the Client must be provided to sub Contractors. H&S Plans must be completed by Contractor and sub contractors and submitted for approval by the Client.

CR 6(1): Designation of person responsible for the construction site

A competent employee shall be appointed in writing as Construction Supervisor.

CR 6(2): Designation of Assistant for above

A competent employee shall be appointed in writing as Assistant Construction Supervisor.


88


APPLICAB

LE

YES // NO



CR7: *Risk Assessment

A competent person must be appointed to manage the Risk Assessment and Plan. Risk Assessment Plan must be available on Site. Employees / Sub-Contractors must be informed and trained.

CR 8: Fall prevention and protection

A competent person shall be appointed to draw-up and supervise the Fall Protection Plan. Risk Assessment must be carried out for work at heights. The Fall Protection Plan must be available on Site with the Construction Supervisor.

CR 8(5): Roof work

In the case of roof work the Fall Protection Plan must include the Risk Assessment for the roof work. The roof work structures and safety equipment must be inspected before each shift. Employees must be medically examined for physical and psychological fitness and trained for the tasks.

CR 9: Structures

The following information must be available on Site: Drawings of the structure being erected received from the Designer including:

Geo-science technical report where appropriate.

The design loading of the structure.

The methods and sequence of construction.

Anticipated dangers /hazards


89


APPLICAB

LE

YES // NO



CR 9: Structures Continued

Risk Assessment must be carried out and a Methods Statement drawn-up. Structures must be inspected before each shift. Inspections register must be kept.

CR 10: Formwork & Support Work

Competent person must be appointed in writing to supervise the erection, maintenance, use and dismantling of Support & Formwork. Design drawings must be available on site. Risk Assessment must be carried out. Support & formwork must be inspected:

Before use for suitability.

Before and after pouring of concrete.

Daily whilst in place.

Before stripping/dismantling. An Inspection register must be kept for the above.

CR 11: Excavations

Competent person/s must be appointed in writing to supervise and inspect excavation work. Risk Assessment must be carried out. Excavations must be inspected:

Before every shift and after rain.

After any blasting.

After an unexpected fall of ground.

After any substantial damage to the shoring. A Method Statement must be developed where explosives will be used.

CR 12: Demolition Work

Competent person/s must be appointed in writing to supervise and control Demolition work.


90


APPLICAB

LE

YES // NO



CR 12: Demolition Work Continued.

Engineering survey and Method Statement must be available on site. Inspections to prevent premature collapse must be carried out by the competent person before each shift and an inspection register kept.

CR 13: Tunnelling Mine H&S Act

Tunnelling shall comply with Mines Health & Safety Act (29 of 1996).

CR 14: Scaffolding

Competent persons must be appointed in writing to supervise:

Erection of scaffolding.

Act as Scaffold Team Leaders.

Inspect Scaffolding weekly and after inclement weather.

Copy of SABS 085 must be available on Site. The scaffolding must be Inspected weekly and after bad weather. Inspection register/s must be kept.

CR 15: Suspended Platforms

Certificate of system design must be issued by a registered professional engineer available on site; A copy must be forwarded to the Provincial Director. Employees working on Suspended Platform must be medically examined for physical & psychological fitness and be trained for the task. Written proof must be available on Site.


91


APPLICAB

LE

YES // NO



CR 15: Suspended

Platforms, continued

The following performance and safety test of the whole installation must be carried out by an appointed competent persons:

After erection and before use.

Daily prior to use.

Load test of whole installation and working parts every 12 months.

Hoisting ropes / hooks / load attaching devices quarterly

Test log book and register must be kept and be available on Site. .

CR 16: Boatswain’s Chair

The Contractor shall ensure that each boatswain’s chair:

Is inspected and tested prior to use the first time

Is securely suspended

Constructed to prevent persons from falling out

Is inspected daily before use An inspection record must be kept.

CR 17: Material Hoists

Competent person must be appointed in writing to inspect Material Hoists. The competent person must inspect the Material Hoists weekly. Inspection registers must be kept.

CR 18: Batch Plants

A Competent person must be appointed to supervise the operation, maintenance and safety of Batch Plants and execute the requirements stipulated in CR18(2) through to CR18(11)


92


APPLICAB

LE

YES // NO



CR 19: Explosive Powered Tools

Competent person must be appointed to control the issue and the service, maintenance and cleaning of the explosive powered tools & cartridges. Registers must be kept of above. Empty cartridge cases/nails/fixing bolts returned must be recorded. The tools must be cleaned daily after use.

CR 20: Cranes DMR 18: Lifting Equipment and Tackle

The Contractor must ensure compliance regarding the placement and operation of tower cranes. All Cranes, Lifting Equipment and Tackle must be identified, numbered and registers kept. A Log Book must be kept for each individual Crane and inspected as follows:

All cranes - Daily by operator

Tower Cranes - after erection and 6 monthly

Other cranes – after erection and annually

Lifting tackle - 3 monthly (i.e. slings / ropes / chain slings etc)

CR 21: Construction Vehicles & Earth Moving Equipment

Only competent Operators/Drivers must be appointed.

Vehicles must be used in accordance with the

vehicles designed capabilities.

Routes and road signs on Site must be appropriate

and safe.

Vehicles must be inspected daily by an appointed

competent person and maintained fit for service.

Registers must be kept for inspections carried out

and maintenance work done. Warning signs must be clear and visible for vehicles parked at night near public roads.


93


APPLICAB

LE

YES // NO



CR 22: Electrical Installations and Machinery on Construction Sites

A competent person must be appointed in writing to inspect/test the temporary electrical installations and machinery. Inspections:

Electrical Installation & equipment inspected after installation, after alterations and weekly.

Machinery – daily before use

An inspection register must be kept. Portable electric tools, lights and extension leads must be identified / numbered. Monthly visual inspections must be done by User / Issuer / Store man and registers kept.

CR 23: *Use and temporary storage of flammable liquids on construction sites

The construction supervisor must ensure the safe usage and storage of flammable liquids, adequate ventilation for storage and smoking / open flames prohibited in the vicinity of flammable liquids and vapours.

CR 24: Water Environments

A contractor shall ensure that where construction is done over or in close proximity to water, provision is made for:

a) Preventing workers from falling into water; and b) The rescuing of workers in danger of drowning.

A life jacket is provided if there is a risk of falling into water and drowning.


94


APPLICAB

LE

YES // NO



CR 25: Housekeeping on Construction Sites

A contractor shall ensure:

Proper storage

Scrap removal

No unnecessary obstructions by loose materials

Site is fenced off

Catch platforms or nets erected where necessary

CR 26: *Stacking & Storage on Construction Sites

Competent Person/s with specific knowledge and experience designated to supervise all Stacking & Storage. Written Proof of Competence of above appointee available on Site.

CR27: Fire precautions on Construction Sites

Person/s with specific knowledge and experience must be designated to co-ordinate emergency contingency planning and fire prevention measures. A Fire Risk Assessment must be carried out and the appropriate precautions taken to prevent fires and pollution of the environment. All Fire extinguishing equipment must be identified and listed on registers. Inspection of fire extinguishing equipment must be carried out monthly. Inspection registers must be kept. Fire extinguishers must be serviced annually.

CR 28(1): Construction Welfare Facilities

The Contractor shall provide the necessary ablution, toilet and sheltered eating facilities on Site. Where necessary living accommodation shall also be provided.


95


APPLICAB

LE

YES // NO



AR 11: Control of exposure to Asbestos

The Provincial Director shall be advised of any asbestos work to be undertaken. A risk assessment shall be done Employees shall be trained Air shall be monitored as required Each asbestos worker shall be monitored medically Written Work Procedures shall be available prior to the commencement of asbestos work

DR 7: Control of Diving Operations

Diving Supervisor must be appointed in writing to Supervise Diving Operations. Proof of registration of all divers present on site must be available. Risk Assessment must be carried out. The Diving Operations Manual must be available on Site. A record of Voice Communications must be kept. Each Diver must keep a personal logbook. The Diving Supervisor must countersign entries. Decompression tables must be available on Site. A certificate of Manufacture for Compression Chambers or Diving Bells in use must be available on Site.

(GAR)(2) (9): * Recording and Investigation of Incidents

All injuries, which resulted in the person receiving medical treatment other than first aid, shall be recorded and investigated within 7 days by an investigator designated in writing. Copies of Reports (Annexure 1) must be available on Site. All incidents must be tabled at the H&S Committee meeting. The Site Construction Supervisor and Management must take the necessary actions recommended by the H&S Committee.


96


APPLICAB

LE

YES // NO



GSR 2: Personal Safety Equipment (PSE)

A Risk Assessment shall be carried out to determine the requirement for personal safety equipment. The wearing or use of identified PSE shall be enforced. Records of PSE issued must be kept. A written undertaking by each employee to use/wear PSE must be kept on Site.

GSR 3: *First Aid

Every workplace must be provided with a sufficient number of First Aid boxes. (Required where 5 persons or more are employed). A minimum of First Aid equipment must be provided as per the list in the OHSA Act, GSR 3 (annexure). One qualified First Aider must be appointed for every 50 employees. (Required where more than 10 persons are employed). A list of First Aiders and Certificates must be kept on Site. Location of First Aid boxes and person responsible must be clearly indicated. Signs instructing employees to report all injuries and illness, including first aid injuries, must be displayed.

GSR9: *Welding, flame cutting, soldering and similar operations

Only trained competent employees with specific knowledge and experience may be appointed to do Electric Arc, Gas Welding and Flame Cutting operations. No welding or flame cutting operations may be allowed in confined spaces before all the necessary precautions have been taken for the safety of the welding operators.


97


APPLICAB

LE

YES // NO



GSR 13A: *Inspection of Ladders

Ladders must be inspected at arrival on site and monthly thereafter. Inspection registers must be kept.

GSR 13B: Ramps

The Contractor must ensure that Ramps are constructed as per the requirements of GSR 13B. Design calculations and inspection certificate of compliance must be available on site.

HCSR 10: Control of exposure to HCS

Exposure to HCS shall be prevented, or adequately controlled, or limited by introducing appropriate work procedures. The emission of an HCS shall be limited in accordance with the Atmospheric Pollution Prevention Act, 1965

Sect 16(2): *Assigned duties (Managers)

CEO must assign the responsibility of complying with the OHSA to sub-ordinates on the Construction Site. Appointment letters must be available on Site.

Sect 17 & 18: GAR 6 & 7: *Designation of Occupational Health & Safety Representatives

H&S Representatives (Reps) must be appointed as follows: More than 20 employees – One H&S Rep plus one additional H&S Rep for every 50 employees or part thereof. Designations must be in writing and the period and area of responsibility specified. H&S Reps must report to the H&S Commitees. Reports must receive management’s attention and necessary action.


98


APPLICAB

LE

YES // NO



Sect 19 & 20: GAR(2) 5: *Occupational Health and Safety Committee/s

OH&S Committee/s must be established. Members must be elected and appointed in writing. Meetings must be held monthly (Minimum 3-monthly). Minutes must be kept – Management must take appropriate action regarding non-compliances reported.

Sect 24: GAR 8: COID Act Sect 38, 39 & 41: *Reporting of incidents

Incident Reporting Procedure must be displayed. All incidents in terms of Sect 24 must be reported to the Provincial Director, Department of Labour, within 3 days re Annexure 1 and WCL1/ 2 forms. Cases of Occupational Disease must be reported. Copies of Reports must be kept available on Site. Register of First Aid Injuries must be available on Site.

Section 37(2): *H&S Agreement with Employer and Mandataries

Written H&S Agreements must be concluded with the Employer and each Sub-Contractor prior to moving onto Site. Proof of registration with a Compensation Insurer and a letter of good standing must be provided when the H&S Agreements are submitted for signature.

VUPR 13: Vessels under Pressure (VUP)

All pressure vessels installed on Site during construction must be listed and comply with the inspection and pressure tests specified in OHSA Regulation VUPR13.


99

2. EDUCATION & TRAINING


APPLICAB

LE

YES // NO



Sect 7 (1) *Company H&S Policy

The Contractors H&S Policy, signed by the CEO, must be circulated to the employees and displayed on the employee notice boards. Re-assurance must be given that safety receives the same priority as reaching the construction goals, budget control and cost saving.

Sect 13 (a): *Company/Site H&S Rules

The H&S rules must be published and displayed on the employee notice boards. The rules must be issued and explained to the employees during the induction courses and a register kept. Monthly audits must be done to ensure the employees understand and adhere to the rules.

Sect 13(a) *Induction & Task Safety Training

All new employees must receive H&S induction training. Training must include “Task Safety Instructions”. Employees must acknowledge receipt of training. An Induction Training register must be kept on Site.

Sect 8: * General H&S Training

All employees must receive basic H&S training. Written proof must be kept on a register. Operators of Plant & Equipment must receive specialised training.


100


APPLICAB

LE

YES // NO



Sect 8: *Occupational health & safety promotion

Health and safety awareness must be promoted by:

Incident Experience Board indicating e.g. “Number of hours worked without an injury” and / or “Number of days worked without and injury”.

Safety Posters displayed & changed regularly.

Employee Notice Board for H&S Notices.

Suggestion scheme.

Toolbox talks held by Supervisors.

Relevant safety video’s shown regularly.

.


101

3. PUBLIC SAFETY, SECURITY MEASURES & EMERGENCY PREPAREDNESS

OHSA REF & TOPIC REQUIREMENTS APPLICAB

LE

YES // NO


SPECIFICATION

PROJECT SPECIFIC H&S SPECIFICATION

ERW9: MHIR 6: *Emergency Preparedness

Contractor shall liaise with Client and compile an Emergency Response Plan based on risks identified for the project. The Emergency Response Plan shall be made available to all on Site. Emergency contact numbers shall be displayed near telephones. Emergency evacuation instructions shall be posted up on all notice boards

ERW9: MHIR 6: *Emergency Drill & Evacuation

An adequate number of employees shall be trained to use Fire equipment. The Emergency Response Plan must be available, displayed and practised at regular intervals (depending on the duration or the Contract).

GSR2C: Admittance of persons

“No Unauthorised Entry” notice & signs shall be placed at entrances and along perimeters. Notice & signs shall be placed at the entrance instructing visitors and non-employees to report to the Site

Manager’s office e.g. “Visitors to report to Manager’s

Office” Notices & Signs shall be posted to warn of overhead work and other hazardous activities i.e. general warning signs.


102

OHSA REF &

TOPIC

REQUIREMENTS APPLICAB

LE

YES // NO


SPECIFICATION

CONTRACTOR H&S PLAN

GSR2C: Admittance of persons, continued

Access control measures:

Register kept of all visitors.

Security patrols after hours/weekdays.

Sufficient lighting after dark.

Guard has access to telephone/other means of emergency communication.

GSR2: Personal safety equipment and facilities

The Contractor shall provide the following if applicable: Nets, Canopies, Stalls, Fans etc. to protect employees and members of the public passing or entering the Site.


103

4. PERSONAL PROTECTIVE EQUIPMENT

OHSA REF &

TOPIC


LE

YES // NO


SPECIFICATION

CONTRACTOR H&S PLAN

GSR 2: *PPE needs analysis

The Contractor shall determine the PPE required for each task of the project and prescribe the use of PPE in writing.

GSR 2: *Head Protection

All persons on Site shall wear Safety Helmets including Sub-Contractors and Visitors (where prescribed).

GSR2 *Foot Protection

All persons on Site shall wear Safety Footwear including Gumboots for concrete/wet work and non–slip shoes for roof work (where prescribed).

GSR2: *Eye and Face Protection

Eye and Face Protection (Goggles, Face Shields, Welding Helmets etc) shall be used when operating the following:

Jack / Kango Hammers

Angle / Bench Grinders

Electric Drills.

Explosive Powered tools.

Concrete Vibrators / Pokers.

Hammers & Chisels

Skill / Bench Saws.

Lathes.


104

OHSA REF &

TOPIC


LE

YES // NO


SPECIFICATION

CONTRACTOR H&S PLAN

GSR 2: *Hearing Protection

Hearing Protectors (Muffs, Plugs etc) shall be used when operating the following:

Jack / Kango Hammers.

Explosive Powered Tools.

Wood / Aluminium Working Machines e.g. saws, planers, routers.

GSR2: *Hand Protection

Protective Gloves shall be worn by employees handling / using:

Cement / Brick / Steel / Chemicals

Welding Equipment.

Hammers & Chisels.

Jack / Kango Hammers etc …

GSR2: * Respiratory Protection

Suitable/efficient respiratory protection shall be worn by employees handing / using:

Dry cement.

Dusty areas

Hazardous chemicals

Angle Grinders

Spray Painting etc …


105

OHSA REF &

TOPIC


LE

YES // NO


SPECIFICATION

CONTRACTOR H&S PLAN

GSR 2: *Fall Prevention Equipment

Suitable Safety Belts / Fall Arrest Equipment shall be used by persons working on / in unguarded, elevated positioning e.g. :

Scaffolding

Riggers

Lift shafts.

Edge work.

Ring beam edges etc… Other methods of fall prevention shall be applied, e.g. catch nets, if necessary.

GSR 2: *Protective Clothing

All jobs requiring protective clothing (overalls, rain wear, welding aprons etc.) shall be identified and the clothing worn.

GSR 2: *PPE Issue & Control

Identified Equipment shall be issued free of charge by the Contractor/s All PPE shall be maintained in good condition. (Regular checks). Workers shall be instructed in the proper use & maintenance of PPE. Commitment shall be obtained from each employee, accepting the conditions and to wear the PPE as required. Record of PPE issued shall be kept on file.


106

GENERAL COMMENTS / NOTES

SIGNATURE OF CONTRACTOR:

DATE:


107

Annexure F

OCCUPATIONAL HEALTH AND SAFETY AGREEMENT FOR WORK UNDERTAKEN BY CONTRACTORS /

MANDATARIES

AGREEMENT MADE AND ENTERED INTO BETWEEN THE CITY OF CAPE TOWN (HEREINAFTER CALLED

THE “EMPLOYER”) AND (Contractor/Mandatary/Company/CC Name)

IN TERMS OF SECTION 37(2) OF THE OCCUPATIONAL HEALTH AND SAFETY ACT, ACT No. 85 OF 1993 AS

AMENDED. I, ……………………………………....………………………………………………………. , representing ……………………....................……………………………………………………………. , as an employer in its own right, do hereby undertake to ensure, as far as is reasonably practicable, that all work will be performed, and all equipment, machinery or plant used in such a manner as to comply with the provisions of the Occupational Health and Safety Act (OHSA) and the Regulations promulgated there under. I furthermore confirm that I am/we are registered with the Compensation Commissioner and that all registration and assessment monies due to the Compensation Commissioner have been fully paid or that I/We are insured with an approved licensed compensation insurer. COID ACT Registration Number: ............................................................................................................. ..... OR Compensation Insurer: ........................................................ Policy No.: ................................................

I undertake to appoint, where required, suitable competent persons, in writing, in terms of the requirements of OHSA and the Regulations and to charge him/them with the duty of ensuring that the provisions of OHSA and Regulations as well as the Council’s Special Conditions of Contract, Way Leave, Lock-Out and Work Permit

Procedures are adhered to as far as reasonably practicable.

I further undertake to ensure that any subcontractors employed by me will enter into an occupational health and safety agreement separately, and that such subcontractors comply with the conditions set.

I hereby declare that I have read and understand the appended Occupational Health and Safety Conditions and

undertake to comply therewith at all times. I hereby also undertake to comply with the Occupational Health and Safety Specification and Plan. Signed at .......................................on the......................................day of....................................20…. _______________________ ____________________ Witness Mandatary Signed at ...................................... on the.....................................day of......................................20 .... _______________________ ____________________ Witness for and on behalf of

City of Cape Town


108

OCCUPATIONAL HEALTH AND SAFETY CONDITIONS

1. The Chief Executive Officer of the Contractor shall assume the responsibility in terms of Section 16(1) of the Occupational Health and Safety Act (as amended). Should the Contractor assign any duty in terms of Section 16(2), a copy of such assignment shall immediately be provided to the representative of the Employer as defined in the Contract.

2. All work performed on the Employer’s premises shall be performed under the supervision of the construction

supervisor who understand the hazards associated with any work that the Contractor performs on the site in terms of Construction Regulations 2003.

3. The Contractor shall appoint a Competent Person who shall be trained on any occupational health and

safety aspect pertaining to them or to the work that is to be performed. 4. The Contractor shall ensure that he familiarises himself with the requirements of the Occupational Health

and Safety Act and that he, his employees, and any sub-contractors, comply with them. 5. Discipline in the interests of occupational health and safety shall be strictly enforced. 6. Personal protective equipment shall be issued by the Contractor as required and shall be worn at all times

where necessary. 7. Written safe work procedures and appropriate precautionary measures shall be available and enforced, and

all employees shall be made conversant with the contents of these practices. 8. No substandard equipment/machinery/articles or substances shall be used on the site. 9. All incidents referred to in terms of Section 24 of the Occupational Health and Safety Act shall be reported by

the Contractor to the Department of Labour and the Employer. 10. The Employer hereby obtains an interest in the issue of any formal inquiry conducted in terms of Section 32

of the Occupational Health and Safety Act and into any incident involving a Contractor and/or his employees and/or his sub-contractor/s.

11. No use shall be made of any of the Employer’s machinery / plant / equipment / substance / personal

protective equipment or any other article without prior arrangement and written approval. 12. No alcohol or any other intoxicating substance shall be allowed on the site. Any person suspected of being

under the influence of alcohol or any other intoxicating substance shall not be permitted access to, or allowed to remain on the site.

13. Prior to commencement of any work, verified copies of all documents mentioned in the agreement, must be

presented to the Employer.


109

Simulated Maintenance Project (Sample of actual simulation)

Annexure G

The contractor is required to perform the following maintenance activities at Bellville Waste Water Treatment Plant. The supporting team to the maintenance project manager requires that the contractor perform preventative maintenance on one of the two Ultraviolet Disinfection plant units. The contractor will utilise the O&M manuals which describes the manner in which the weekly maintenance is performed and what equipment is due for replacement and servicing. Utilising the provided schedule of rates below, the tenderer is provided with a table of rates which is an example of a similar pre-determined simulated maintenance cost study to determined the actual contract value for each tenderer. The actual simulation project study which will be used to determine the contract price, is held by Supply Chain Management. The actual simulation information was made avaible to the SCM department by the project manager before the tender document was advertised and will in no way favour a particular person or company.

Perform weekly preventative maintenance where the following rates are required to execute the task.

NR PART

NUMBER DESCRIPTION UNIT

QUANTITY

REQUIRED

SUPPLY

RATE

Excl. VAT

INSTALL

RATE

Excl. VAT

B1.1.11 Artisan, electrician R/hr 4 N/A

B1.1.2 Light delivery half ton vehicle

R/hr 2 N/A

B1.1.12 Handyman R/hr 4 N/A

C1.36 444295 Hydraulic oil R/Litre 0.75

C8.2 327096 Pressure Injector, Gel UV3+PLG

Each 1

Contract Price Value for Service


110

DIRECTOR’S APPROVAL OF

DRAFT TENDER DOCUMENT WITH SPECIFICATION

FOR

TENDER NO: 369S/2011/2012

MAINTENANCE OF ULTRAVIOLET DISINFECTION PLANT AND EQUIPMENT MAKING PROVISION

FOR SCHEDULED SERVICES, REPAIRS AND SPARES FOR POTSDAM AND BELLVILLE WASTE

WATER TREATMENT PLANTS

CONTRACT PERIOD: From commencement (1 July 2012) until 30 June 2015

This form is to comply with the requirement that the appropriate Director approve the draft Tender

Document with Specification prior to the issue of the Tender Document.

In terms of the City Manager’s delegations of 26 May 2010, all City Directors are delegated to approve bid specifications and/or bid documentation with a condition that in the event of uncertainty re procedural matters, advice be obtained from the Director: SCM.

(The Directors cannot sub-delegate).

APPROVED FOR ISSUING BY:

................................................................................ ……………………………………………………

THE DIRECTOR : Water and Sanitation DATE

CITY OF CAPE TOWN Tower Block, Civic Centre 12 Hertzog Boulevard CAPE TOWN 8001