CAPE TOWN ELECTRICITY - City of Cape Town

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					 REQUEST FOR QUOTATION
      (SERVICES)
             SUPPLY CHAIN MANAGEMENT
SCM - 554       Approved: Mark Giger : Branch Manager                       Version: 1          Page 1 of 32




 QUOTATION NUMBER: _R031200671___

 DESCRIPTION: Asbestos monitoring by an Approved Inspection
              Authority for Athlone Power Station Main Building,
              Roggebaai and Athlone Gas Turbines

                                    17.02.2012                             QUOTATION NO.:
CLOSING DATE:                       ____________                              INITIALS OF CITY OFFICIALS
                                                                                AT QUOTATION OPENING
CLOSING TIME:                       09h00_______
                                                                           1.
                                    214                                    2.
QUOTATION BOX NUMBER:               ____________                           3.


                                  IMPORTANT NOTES TO VENDORS
  a)   A compulsory site meeting will be held prior to the closing date. Only quotations from vendors who
       have attended the compulsory site meeting and signed the attendance register will be accepted.
       Vendors arriving more than 15 minutes after the official site meeting time given below will not be
       permitted to sign the attendance register, in which case their quotations will be rejected as having been
       made non-responsive.


       COMPULSORY SITE MEETING
        DATE:                                 07/02/2012__________ (date)
        TIME:                                 11h00_____________________
        VENUE:                                _Athlone power station________


  b)   Quotations must be properly received and deposited in the above-mentioned quotation box on or before
       the closing date and before the closing time at the Tender & Quotation Office, situated on the 2nd floor,
       Concourse Level, Civic Centre, Hertzog Boulevard, Cape Town.
  c)   No late quotations will be accepted under any circumstances.
  d)   Quotations must be submitted in a sealed envelope clearly reflecting the quotation number and
       description as indicated above.
  e)   Only original quotations on this official quotation document will be accepted. Vendors are required to
       complete and return all Returnable Schedules, failing which the vendor’s quotation may be rejected
       as non-responsive.
  f)   For this quotation to be valid on the closing date, the Form of Offer (Returnable Schedule 1), the Price
       Schedule (Returnable Schedule 2) and the Preferencing Schedule (Returnable Schedule 3) must be
       fully and properly completed and signed.
  g)   Vendors must be registered on the City of Cape Town’s Vendor Database on the closing date for a
       quotation in order for their quotations to be responsive.
  h)   Vendors must be registered with the Department of Labour as an Approved Inspection Authority as well
       as SAIOH as a hygienist. Proof of valid and current registration to be submitted with quotation.
                                                      INDEX


                                    RETURNABLE SCHEDULES
                 (All schedules must be completed and returned by the vendor when submitting the offer.)


1    Form of Offer

2    Price Schedule

3    Preferencing Schedule

4    Declaration of Interest – State Employees

5    Conflict of Interest Declaration

6    Declaration of Vendor’s Past Supply Chain Management Practices

7    Certificate of Independent Quotation Determination

8    Occupational Health and Safety Agreement

9    Proof of COIDA Registration

10   Proof of Public Liability Insurance




                      IMPORTANT QUOTATION INFORMATION
                      (These sections need not be returned by the vendor when submitting the offer.)


A    Specification

B    Quotation Conditions

C    General and Special Conditions of Contract



ANNEX 1       Targeted Labour Contract Participation Expenditure Report
               RETURNABLE SCHEDULE 1 – FORM OF OFFER

                                                            VENDOR

    NAME of Company/                                   ____________________________________________(legal name)
    Close Corporation or Partnership or
    Sole Proprietor/Individual                         trading as________________________________________

    Company/Close Corporation Registration
    Number

    City of Cape Town Vendor Registration
    Number

    Postal Address

                                                                                               Postal Code __________

    Physical Address

                                                                                               Postal Code __________

    Contact Details of the Person Representing         Name: _______________________________________________
    the Vendor
                                                       Telephone: ( ____ ) _____________ Fax: ( ____ ) _____________
                                                       Cell phone: ___________________________________________
                                                       E-mail address: ________________________________________

    Income Tax Number

    VAT Reference Number


By signing this Form of Offer, the vendor offers to render the services in respect of R031200671_
 Asbestos monitoring by an Approved Inspection Authority for Athlone Power Station Main Building,
Roggebaai and Athlone Gas Turbines ___________________________, as described in this quotation
document and in full compliance with:

       the Specification,
       the General and Special Conditions of Contract , and
       at the Total Quotation Price reflected in table below.

Price

ADD: 14% VAT




TOTAL QUOTATION PRICE
(INCL. VAT)

SIGNED at _________________(place) on the ______ day of __________________ (month), 20_____.


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

                                                                     For official use.

                                                                          INITIALS OF CITY OFFICIALS AT
                                                                               QUOTATION OPENING

                                                                     1.              2.         3.
                    RETURNABLE SCHEDULE 2 – PRICE SCHEDULE

                                                                                                               RATE          PRICE
    ITEM                           DESCRIPTION                                   UNIT        QUANTITY
                                                                                                              (R/Unit)        (R)
               Provide asbestos dust monitoring and reports as per
       1                                                                         Sum              1
               specification in this document (Scope of Work)



    TOTAL PRICE (EXCL. VAT) CARRIED FORWARD TO FORM OF OFFER                                                 R

Pricing Instructions:


2.1         If the word ‘Item’ appears in the Quantity column, or if the Quantity column is blocked or crossed out, a
            lump sum rate is required which covers all aspects of the work set out in the Description column for that
            item.

2.2         Where a value is given in the Quantity column, a Rate and Price (Price being the product of the Quantity
            and the Rate) are required to be inserted in the relevant columns.

2.3 By signing the Form of Offer, a vendor warrants that:


            2.3.1    the relevant quotation is correct;
            2.3.2    the rates(s) and prices(s) quoted cover all the work/item(s) specified in the quotation document;
            2.3.3    the rate(s) and price(s) cover all the vendor’s obligations under a resulting contract, including all
                     disbursements;
            2.3.4    any mistakes and/or omissions regarding rate(s) and price(s) or errors in calculation shall be at the
            vendor’s risk.

2.4         VAT-registered companies must price exclusive of VAT and show VAT payable separately on the Form
            of Offer.

2.5         The Total Quotation Price as per the Form of Offer shall take precedence in the event of any discrepancy
            between the Form of Offer and the Price Schedule, and the rates and prices on the Price Schedule shall
            be adjusted, at the discretion of the CCT, such that the total price on the Price Schedule matches the
            price on the Form of Offer.




                                      RETURNABLE SCHEDULE 3
                                      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 meaning 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 Construction Sector Charter.

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

Sub-Contract/Contractor: means the primary supplier/successful tenderers's assigning, leasing, making out work to or
employing another person to support the 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 Supplier Management;

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 supplier, 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 be breached, or should the B-BBEE status level of
      contribution be found to have been claimed or obtained on a fraudulent basis;

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 [insert applicable charter details (where
      applicable) see DTI website: http://www.dti.gov.za/economic_empowerment/bee_sector_charters.jsp] 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 the Supplier Management Unit, 8th Floor, Civic Centre, 12 Hertzog
      Boulevard, Cape Town (Tel 021 400 9242/3/4/5);

5)    accept that, further to Condition (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 an unincorporated entity, 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
      quotation offers, to determine the number of preference points to be awarded to the vendor, unless otherwise declared in
      terms of Section 5 below;

7)    accept that, notwithstanding Condition (5) above, a prime contractor will not be awarded points for B-BBEE status level
      if he indicates in his quotation 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 if 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

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
                                                                                               Status    (tick  box(es)
      Type of B-BBEE Contributor
                                                                                               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 Contributor1

      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 vendor 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 vendor as prime supplier 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 vendor as prime supplier qualifies for


2) The undersigned warrants that he/she is duly authorised to do so on behalf of the Vendor, confirms that he/she understands
   the conditions under which preferences are granted, and confirms that the vendor/supplier will satisfy conditions pertaining
   to the granting of tender preferences.




      ___________________________________                                   ___________________________________
      Signature                                                             Date

      Print name:

      On behalf of the Vendor (duly authorised)



                                                                                          For official use.

                                                                                                  INITIALS OF CITY OFFICIALS
                                                                                                    ATQUOTATION OPENING

                                                                                          1.                  2.             3.




      SCHEDULE 4: DECLARATION OF INTEREST – STATE
                      EMPLOYEES
  The following particulars must be furnished. In the case of a partnership/consortiums/joint ventures, separate enterprise questionnaires in
                                          respect of each partner must be completed and submitted.


Section 1: Name of vendor: _____________________________________________________
Physical address of vendor: ____________________________________________________
(LOCAL OFFICE)                 _____________________________________________________

Section 2: Particulars of sole proprietors or partners in partnership/consortium/joint venture

                    Name*                                    Identity number*            Tax reference number*           VAT reference number*




* Complete only if sole proprietor or partnership, and attach separate page if more than 4 partners.

Section 3: Particulars of companies and close corporations

Company/Close Corporation registration number _____________________________________________

Tax reference number___________________________________________________________________

VAT reference number __________________________________________________________________
Section 4: 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 in the service of any of the
following, or has been within the last 12 months:

      a member of any municipal council                               an employee of any provincial department, national or
                                                                        provincial public entity or constitutional institution within the
      a member of any provincial legislature                           meaning of the Public Finance Management Act, Act 1 of
                                                                        1999
      a member of the National Assembly or the National
       Council of Provinces                                            a member of an accounting authority of any national or
                                                                        provincial public entity
      a member of the board of directors of any municipal
       entity                                                          an employee of Parliament or a provincial legislature

      an official of any municipality or municipal entity

If any of the above boxes are marked, disclose the following:
  Name of sole proprietor, partner,   Name of institution, public office, board or                  Status of service
  director, manager, principal        organ of state, and position held                             (tick appropriate column)
  shareholder or stakeholder, or                                                                    Current        Within last 12
  member                                                                                                           months




*insert separate page if necessary

The vendor 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 the schedule may result in the quotation being disqualified, and/or
(in the event that the vendor is successful) the cancellation of the contract.

___________________________________                                      ___________________________________
Signature                                                                        Date
Print name:
On behalf of the vendor (duly authorised)
                      RETURNABLE SCHEDULE 5
                  CONFLICT OF INTEREST DECLARATION

1.   The vendor shall declare whether it has any conflict of interest in the transaction for which the quotation is
     submitted. (Mark the appropriate box with ‘X’)


      YES        NO
     If yes, the vendor is required to set out the particulars in the table below:




2.   The vendor shall declare whether it has (directly, or through a representative or intermediary) promised,
     offered or granted:

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

     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 vendor is required to set out the particulars in the table below:




Should the vendor be aware of any corrupt or fraudulent transactions relating to the procurement process
                        of the City of Cape Town, please contact the following:
                                    Fraud.hotline@capetown.gov.za
                                                   or
                      the City’s anti-corruption hotline at 0800 32 31 30 (toll-free)


The vendor 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 the schedule may result in the quotation
being disqualified, and/or (in the event that the vendor is successful) the cancellation of the contract.




___________________________________                               ___________________________________
Signature                                                         Date

Print name: _________________________

On behalf of the vendor (duly authorised)
                RETURNABLE SCHEDULE 6 – DECLARATION OF
                VENDOR’S PAST SUPPLY CHAIN MANAGEMENT
                               PRACTICES
      Where the entity quotationing is a consortium/joint venture, each party to the consortium/joint venture must
      sign a declaration in terms of the Municipal Finance Management Act, Act 56 of 2003, and attach it to this
      schedule.

        Item     Question                                                                                            Yes   No

        1.1      Is the Vendor 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?
                                                                                                                     Yes   No
                 (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).

        1.1.1    If so, furnish particulars:



        1.2      Is the Vendor or any of its directors listed on the Register for Quotation Defaulters in terms of
                 section 29 of the Prevention and Combating of Corrupt Activities Act, Act 12 of 2004?
                                                                                                                     Yes   No
                 (To access this Register, enter the National Treasury’s website, www.treasury.gov.za,
                 click on the icon ‘Register for Quotation Defaulters’ or submit your written request for
                 a hard copy of the Register to facsimile number 012 326 5445).

        1.2.1    If so, furnish particulars:



        1.3      Was the Vendor or any of its directors convicted by a court of law (including a court of law        Yes   No
                 outside the Republic of South Africa) for fraud or corruption during the past five years?

        1.3.1    If so, furnish particulars:



        1.4      Does the Vendor or any of its directors owe any municipal rates and taxes or municipal
                                                                                                                     Yes   No
                 charges to the municipality/municipal entity, or to any other municipality/municipal entity, that
                 are in arrears for more than three months?

        1.4.1    If so, furnish particulars:



        1.5      Was any contract between the Vendor and the municipality/municipal entity or any other
                                                                                                                     Yes   No
                 organ of state terminated during the past five years on account of failure to perform on or
                 comply with the contract?

        1.5.1    If so, furnish particulars:



      The Vendor 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 the schedule may result in
      the quotation being disqualified, and/or (in the event that the Vendor is successful) the cancellation of the
      contract.



___________________________________                    ___________________________________
Signature                                              Date

Print name:_________________________
On behalf of the vendor (duly authorised)
RETURNABLE SCHEDULE 7 – OCCUPATIONAL HEALTH
                AND SAFETY
                 AGREEMENT IN TERMS OF SECTION 37(2) ENTERED INTO BETWEEN
                                         CITY OF CAPE TOWN
                    (being the purchaser and hereinafter referred to as the ‘Employer’)
                                                  and

           ___________________________________________________________________
                (being the vendor/contractor and hereinafter referred to as the “Mandatory”)
                                               in respect of
 Quotation Reference Number _____________________________________________________
 Description Asbestos monitoring by an Approved Inspection Authority for Athlone Power Station
 Main Building, Roggebaai and Athlone Gas Turbines
                                   (hereinafter referred to as the ‘work’)

 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;
 AND WHEREAS 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;
 AND WHEREAS 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;

 NOW, THEREFORE, the Employer and Mandatary hereby agree as follows:
 1    The Mandatary shall comply 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 limitiation 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 has read and fully understands the requirements of the above
            Act and the applicable regulations;
      3.2 The Mandatary warrants that he has provided for all costs to be incurred to ensure compliance
            with the Act and applicable regulations;
      3.3 The Mandatary has prepared, and attached to this Agreement, a Health and Safety Plan
            which the parties agree is appropriate for the work and addresses all the risks identified by the
            Employer in the Specification.
 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 above requirements.
 5    The Mandatary undertakes to inform the Employer immediately should the Mandatary at any time
      prior to commencement of the contract and/or during the execution of the work find that:
      5.1 he or she cannot comply with the provisions of the Act or the applicable regulations; and/or
      5.2 he or she cannot provide the aforementioned indemnity; and/or
      5.3 he or she is unable to comply with the provisions of this Agreement; and/or
      5.4 his or her compliance with the Act and this agreement is detrimentally affected in any manner.
 6    The Mandatary shall liaise with the Employer, who shall be entitled in its sole discretion to agree to
      amend this agreement and/or the indemnity granted by the Mandatary herein, subject to such
      conditions which the Employer may elect to impose and without any additional costs to the
      Employer.
 7    The Mandatary hereby appoints Mr/Mrs/Ms _____________________ as its representative and the
      responsible person on site for the duration of the contract in terms of Section 8(2)(i) of the
      Occupational Health and Safety Act.

        THUS DONE AND SIGNED at ___________________ on this ______ day of __________ 20____.

        _____________________________________
           _________________________________
        For and on behalf of City of Cape Town                              MANDATARY (For and on behalf
        of the Vendor)
        (Duly authorised in terms of the System of Delegations)                      (Duly authorised)
          RETURNABLE SCHEDULE 8 – CERTIFICATE OF
           INDEPENDENT QUOTATION DETERMINATION
I, the undersigned, in submitting this tender (Quotation number and Description Asbestos monitoring by an
Approved Inspection Authority for Athlone Power Station Main Building, Roggebaai and Athlone Gas
Turbines) in response to the call for quotations 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 vendor)
That:
1.      I have read and I understand the contents of this Certificate;
2.      I understand that this quotation will be disqualified if this Certificate is found not to be true and complete
        in every respect;
3.      I am authorised by the vendor to sign this Certificate, and to submit this quotation, on behalf of the
vendor;
4.      Each person whose signature appears on this quotation has been authorised by the vendor to determine
        the terms of, and to sign, the quotation on behalf of the vendor;
5.      For the purposes of this Certificate and this quotation, I understand that the word ‘competitor’ shall
        include any individual or organisation, other than the vendor, whether or not affiliated with the vendor,
        who:
        (a)      has been requested to submit a quotation in response to this call for quotations;
        (b)      could potentially submit a quotation in response to this call for quotations, based on their
                 qualifications, abilities or experience; and
        (c)      provides the same goods and services as the vendor and/or is in the same line of business as
                 the vendor.
6.      The vendor has arrived at this quotation independently from and without consultation, communication,
        agreement or arrangement with any competitor. However, communication between partners in a joint
        venture or consortium³ will not be construed as collusive price quoting.
        (³ 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 quote;
        (e)       the submission of a quotation which does not meet the specifications and conditions of the
                  quotation; or
        (f)       submitting a quotation 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 call for quotation relates.
9.      The terms of this quotation have not been and will not be disclosed by the vendor, directly or indirectly,
        to any competitor, prior to the date and time of the official quotation opening or of the awarding of the
        contract.
10.     I am aware that, in addition and without prejudice to any other remedy provided to combat any restrictive
        practices related to quotations and contracts, quotations that are suspicious will be reported to the
        Competition Commission for investigation and possible imposition of administrative penalties on the
        tenderer in terms of section 59 of the Competition Act, Act 89 of 1998, and/or the tenderer may be
        reported to the National Prosecuting Authority (NPA) for criminal investigation, and/or the tenderer may
        be restricted from conducting business with the public sector for a period not exceeding ten (10) years in
        terms of the Prevention and Combating of Corrupt Activities Act, Act 12 of 2004, or any other applicable
        legislation.




___________________________________                    ___________________________________
Signature                                              Date

Print name: _________________________
On behalf of the vendor (duly authorised)
       RETURNABLE SCHEDULE 9 – PROOF OF COIDA
              REGISTRATION/INSURANCE

Vendors must attach proof of registration/insurance in terms of the Compensation for Occupational Injuries
and Diseases Act, Act 130 of 1993, to this schedule. This can either take the form of a certified copy of a
valid Letter of Good Standing issued by the Compensation Commisioner, or proof of insurance with a
licenced compensation insurer, from either the Vendor’s insurance broker or the insurance company itself.

Failure to submit proof of COIDA registration/insurance, either with this quotation or within any
further time for submission stated in a written request from the CCT, will result in the vendor’s
quotation being rejected as non-responsive.
     RETURNABLE SCHEDULE 10 – PROOF OF PUBLIC
               LIABILITY INSURANCE

Vendors must attach to this schedule proof of Public Liability Insurance, required in terms of Clause 11.1 of
Part C: General and Special Conditions of Contract. This can take the form of either a warrant from the
vendor’s insurance broker, or confirmation of insurance from the insurance company itself.

Failure to submit proof of public liability insurance, either with this quotation or within any further
time for submission stated in a written request from the CCT, will result in the vendor’s quotation
being rejected as non-responsive.
                             PART A – SPECIFICATIONS

                         1.           SCOPE OF WORK
QUOTATION NUMBER: [please insert]

                                                  SPECIFICATION

    1. Introduction

    The City of Cape Town invite the services of a suitable qualified service provider to carry out asbestos
    monitoring, to determine the concentration of asbestos dust to which an employee may be exposed in
    accordance with the Asbestos Regulations as set out in the Occupational health and Safety Act (Act 85 of
    1993) at Athlone Power Station.

    2. Minimum requirements

    Only quotations from Service providers meeting the following minimum requirements shall be considered:

    a) The Service Provider shall be an approved asbestos inspection authority and shall provide his
       Department of Labour registration number and valid registration paperwork
    b) The service provider shall be registered with the South African Institute of Occupational Hygienist
       (SAIOH) as an occupational hygienist and provide proof of current (2012) registration;


    3. Legal Compliance and requirements

    All work shall comply with the following legal requirements:

    a) The Occupational Health and Safety Act (Act 85 of 1993) with all its regulations and in particular the
       Asbestos Regulation

    b) “HSG 173” The Monitoring Strategies for Toxic Substances, HSG 173, published by the Health and
       Safety Executive of the United Kingdom;

    c) “MDHS 39/4” The Methods for the Determination of Hazardous Substances 39/4 of the Health and
       Safety Executive of the United Kingdom: Asbestos fibres in air, sampling and evaluation by phase
       contrast microscopy (PCM) under the Control of Asbestos at Work Regulations, 1995 HSE ISBN 0 717
       60193 8, as revised from time to time;

    d) “OESSM” The Occupational Exposure Sampling Strategy Manual, published by the National Institute for
       Occupational Safety and Health (NIOSH), United States of America: Department of Health, Education
       and Welfare

    4. Definitions

    For the purpose of this quotation, the following definitions shall apply:


    “approved asbestos inspection authority” means an approved inspection authority for the monitoring of
  asbestos concentrations in the air;

    “asbestos” means any of the following minerals:

       (a)
               Amosite

       (b)
               Chrysotile

       (c)
               Crocidolite

       (d)
               Fibrous actinolite
     (e)
             Fibrous anthophyllite

     (f)
             Fibrous tremolite,

or any mixture containing any of these minerals;

   “asbestos dust” means airborne or settled dust, which contains or is likely to contain regulated asbestos
fibres;

  “asbestos waste” means an undesirable or superfluous asbestos-containing by-product, emission or
residue of any process or activity that has been—

     (a)
             discarded by any person;

     (b)
             accumulated and stored by any person with the purpose of eventually discarding it with or without
             prior treatmentconnected with the discarding thereof; or

     (c)
             stored by any person with the purpose of recycling, re-using or extracting a usable product from
             such matter;

  “asbestos work” means work that exposes or is likely to expose any person to asbestos dust;

  “demolition work” includes demolition, alteration, stripping, removing, repair, gleaning of any spilt
asbestos, or high-pressure water jetting of any structure containing asbestos lagging or insulation, but does
not include work performed on asbestos cement sheeting and related products and asbestos cement products
that form part of the structure of a workplace, building, plant or premises;

  “exposed to asbestos” means exposed or likely to be exposed to asbestos dust while at the workplace,
building, plant or premises;

  “HSG 173” means the Monitoring Strategies for Toxic Substances, HSG 173, published by the Health and
Safety Executive of the United Kingdom;

  “MDHS 39/4” means the Methods for the Determination of Hazardous Substances 39/4 of the Health and
Safety Executive of the United Kingdom: Asbestos fibres in air, sampling and evaluation by phase contrast
microscopy (PCM) under the Control of Asbestos at Work Regulations, 1995 HSE ISBN 0 717 60193 8, as
revised from time to time;

 “measurement programme” means a programme according to the monitoring strategy as contemplated in
OESSM and HSG 173;

  “monitoring” means the planning and carrying out of a measurement programme and the recording of the
results thereof;

  “occupational exposure limit” or “OEL” means a limit value set by the Minister for a stress factor in the
workplace;

  “OESSM” means the Occupational Exposure Sampling Strategy Manual, published by the National Institute
for Occupational Safety and Health (NIOSH), United States of America: Department of Health, Education and
Welfare;

  “occupational exposure limit for asbestos” means an occupational exposure limit of 0,2 regulated
asbestos fibres per millilitre of air averaged over any continuos period of four hours measured in accordance
with MDHS 39/4;

  “provincial director” means the provincial director as defined in regulation 1 of the General Administrative
Regulations published under Government Notice R1449 of September 1996;

  “registered asbestos contractor” means a mandatory employer conducting demolition work, who is
registered with the chief inspector;

   “regulated asbestos fibre” means a particle of asbestos with a length-to-diameter ratio greater than 3 to 1,
a length greater than five micrometres and a diameter less than 3 micrometres;

  “respiratory protective equipment” means a device which is worn over at least the mouth and nose to
prevent the inhalation of air that is not safe, and which device conforms to a standard approved by the
 Minister;

   “respirator zone” means a respirator zone contemplated in regulation 10 (a);

   “SABS 0228” means the Code of Practice for the Identification and Classification of Dangerous Substances
 and Goods, SABS 0228, published by the South African Bureau of Standards (SABS);

   “SABS 0229” means the Code of Practice for Packaging of Dangerous Goods for Road and Rail
 Transportation in South Africa, SABS 0229, published by the South African Bureau of Standards (SABS);

   “short term exposure limit” means the concentration to which workers can be exposed continuously for a
 short period of time, which is a 10-minute Time-Weighted Average (TWA) exposure for asbestos, which should
 not be exceeded at any time during the working day even if the 4-hour TWA is within the OEL-TWA;

   “short term exposure limit for asbestos” means an exposure limit of 0,6 regulated asbestos fibres per
 millilitre of air averaged over any 10 minutes;

   “the Act” means the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993).

   5. Scope

   The City of Cape Town embarked on a programme to remove all remnants of asbestos within the Athlone
   Power Station premises and main buildings. This process continued until 2007 and records are available
   detailing the removal and subsequent Measurement programme. Over the last years, corrosion has
   impacted on most of the equipment within the Power Station and the risk exist that asbestos fibres may get
   released from areas that were “hard to get to”.

   In 2011, an asbestos survey was carried to determine the location and associated risks of asbestos at the
   Roggebaai and Athlone Gas Turbine sites.

   For this purpose, air monitoring in accordance with the Asbestos Regulation is required to determine the
   presence of any asbestos dust (settled and airborne) within the main Power Station building, Timekeepers
   building, main office building, workshop, guard barracks, ledger store, training facility and security office.

   Monitoring is also required at the two Gas Turbine sites (Athlone and Roggebaai) to address all potential
   exposure as identified in the following report “REPORT ON AN ASBESTOS INVENTORY AND RISK
   ASSESSMENT OF POTENTIAL FIBRE EXPOSURE AS WELL AS AN ASBESTOS MAINTENANCE AND
   MANAGEMENT PROGRAM AT THE ROGGEBAAI AND ATHLONE POWER STATIONS AND
   STEENBRAS DAM HYDROPOWER STATION” dated 20 Oct 2011.

   6. Report

    All sample results are to be recorded and compiled into a suitable report. It is expected of the Service
   Provider to provide practical recommendations to ensure compliance by the Employer. The report to include
   a measurement programme for future monitoring as per the definitions in the Asbestos regulation. Three
   signed and dated hard copies of the report and one electronic version of the report shall be provided to the
   employer. The reports shall include photographs of areas sampled as well as areas assessed and surveyed
   for potential asbestos dust.

   The Service Provider shall arrange and present an opening and closing meeting with the client to address
   the purpose of the survey, the findings, information and training in accordance with the findings of this report,
   the Asbestos Regulations and any other legal requirements.


WORK ORDER NO.:                                                   CONTRACTOR INFORMATION
SAP DESCRIPTION OF                                         COMPANY NAME:
PROJECT:                                                   VENDOR NUMBER:
PROJECT MANAGER:            Khotso Selokoma                CONTACT PERSON:
CONTACT NUMBER:             078 223 0994                   CONTACT NUMBER:



SPEC/SCOPE APPROVED BY (CLIENT):                                                SIGNATURE
          CONTRACT SAFETY SPECIFICATIONS (GSR - 1) Rev 7 2010-11-29
      Issued in terms of the Occupational Health &Safety Act and Construction
                                  Regulation 4(1)

      ELECTRICITY DEPARTMENT: GENERATION DIVISION (POWER STATIONS)

TENDER/QUOTATION NUMBER: ___________________
PROJECT NAME:_________________________________
O/N: 45________________________________

Definitions:
OHS Act = The Occupational Health and Safety Act, 1993. and Regulations
CR = Construction Regulations 2003 under the above Act
DR = Diving Regulations 2002 under the above Act
Tenderers are to note the requirements of the Occupational Health and Safety Act No. 85 of 1993 and
the Construction Regulations 2003 issued in terms of Section 43 of the Act. The tenderer shall be
deemed to have read and fully understood the requirements of the above Act and applicable
Regulations and to have allowed for all costs in compliance therewith.

In this regard the tenderer shall prepare and attach a Health and Safety Plan in respect of the Work in
order to demonstrate the necessary competencies and resources to perform the construction work all
in accordance with the Act and Regulations. Such Health and Safety Plan shall cover inter-alia the
following details:

(1)    Management Structure, Site Supervision and Responsible Persons including a succession plan.

(2)    Contractor’s induction training program for employees, sub-contractors and visitors to the Site.

(3)    Health and safety precautions and procedures to be adhered to in order to ensure compliance
       with the Act, Regulations and Safety Specifications.

(4)    Regular monitoring procedures to be performed.

(5)    Regular liaison, consultation and review meetings with all parties.

(6)    Site security, welfare facilities and first aid.

(7)    Site rules and fire and emergency procedures.


Tenderers are to note that the Contractor is required to ensure that all sub-contractors or others
engaged in the performance of the contract also comply with the above requirements.

The tenderer shall also take into account the additional requirements stated in the Scope of Work.

Details of the Health and Safety Plan shall be appended to this Schedule and returned with the
quotation/tender.

Number of sheets, appended by the tenderer to this Schedule ....................... (If nil, enter NIL).

1        GENERAL OBLIGATIONS

1.1      The Contractor shall supply copies of identity documents of all his employees who will be
         working on site. These employees will be expected to abide by the rules and requirements of
         the access system in force at the Power Station.

1.2      The City’s Power Station operates on a “Generation Permit to Work Lockout Procedure” and
      the Contractor shall apply for and clear a Permit to Work at the start of and completion of this
      contract respectively. This process shall be initiated at the site establishment meeting before
      work commences. (See Section 8 SITE ESTABLISMENT & SAFETY REQUIREMENTS
      AGENDA & CHECK LIST).

1.3   The Contractor shall conduct a safety Risk Assessment of the site and work to be performed
      under the Contract in accordance to CR 7 (1) and or DR 7 as applicable and supply the
      Municipality with safety checks and operational procedures, for approval, before any work can
      be performed on site. These safety checks and operational procedures shall be in accordance
      with the applicable Regulations. For the Construction Regulations the Construction
      Regulations Check List, Safety Instruction 18 “Appendix D”, shall be used plus any other items
      that the client deems necessary to include as an addendum to this Check List. This document
      will be made available on request.

1.4   The Chief Executive Officer of the successful Contractor shall sign the form of undertaking in
      respect of the Occupational Health and Safety Act (Act 85 of 1993) terms of section 37(2).
      Proof of such appointment shall be submitted, on the attached forms to the Engineer before
      work will be allowed to commence. A site meeting shall be held and recorded to receive the
      Contractor’s Safety Plan compiled in accordance with the CR 5 (1) in accordance with CR 4
      (2) and discuss any issues that need to be resolved to implement such Safety Plan including
      the requirements of item 1.2 above.

1.5   The successful Contractor shall be responsible for regular safety inspections in accordance
      with CR 5 (3) (c). This shall done in accordance with the entire CR which include: CR 8 Fall
      Protection; CR 9 Structures; CR 10 Formwork and support work; CR 11 Excavation work; CR
      12 Demolition work; CR 14 Scaffolding; CR 15 Suspended platforms; CR 16 Boatswain’s
      chairs; CR 21 Construction vehicles & mobile plant; CR 22 Electrical installations and
      machinery on construction sites; CR 23 Use & temporary storage of flammable liquids on
      construction sites; CR 24 Water environments; CR 25 Housekeeping on construction sites;
      CR 26 Stacking & storage on construction sites; CR 27 Fire precautions on construction sites;
      CR 28 Construction welfare facilities. Of any ladders, scaffolding, extension leads and
      portable electric tools, used by his staff. The Contractor shall ensure that his/her staff are
      properly supervised in accordance to CR 6 and follow recognised safe working procedures as
      dictated by working conditions and the Construction Regulations.

1.6   The Municipal’s representative shall be allowed to conduct a safety audit in accordance to CR
      4 (1) (d) of any equipment and tools for suitability. Should the equipment or tools prove to be
      unsafe or be liable to endanger the health and safety of personnel then the Contractor shall be
      obliged to desist of such unsafe methods and repair or replace such equipment or tools.

1.7   The Contractor shall employ only regular and duly qualified persons to do such work, which is
      usually performed by skilled workmen in contracts of like nature. The Contractor shall be
      responsible for keeping all persons under his control including personnel employed by sub-
      contractors within bounds and shall at his own expense take all requisite precautions in regard
      thereto. For this purpose the CR 7 (3), (4), (5), (6), (7), (8) & (9) shall be applied.

1.8   In terms of the Tobacco Products Control Amendment Act of 1999, any form of smoking within
      the confines of any power station building is prohibited. The Contractor shall ensure that all his
      staff complies with this legislation.

1.9   For safety reasons to reduce the risk of bush and grass fires, no smoking is permitted outside
      of the inner perimeter fence of the power station buildings. Effectively the requirements of 1.8
      restrict any smoking activity to the immediate external confines of the power station property
      but shall not be conducted in any location where the smoke may blow back into the power
      station building.


2     CONTRACTOR'S REPRESENTATIVE

2.1   The Contractor's Representative (appointed in terms of CR 6(1) shall not leave the Site for a
      prolonged period or permanently without the approval of the Engineer's representative, which
      shall not be unreasonably withheld, provided the progress, quality or safety of the Works shall
      not be affected thereby.

2.2   The Contractor's Representative shall acquaint himself with the safety standards of the
      Generation Division of the Electricity Department and ensure that all personnel reporting to
      him are fully conversant with the standards.
2.3   Before removing any plant from operation and putting any plant into operation, the Contractor
      shall first comply with the power station’s Permit to Work system as defined under the
      Generation Permit to Work Lockout Procedure and then satisfy himself as to the correctness
      of all connections between the plant and apparatus supplied under this Contract and shall give
      reasonable notice to the Engineer, when the plant and/or apparatus is ready to be de-
      energised or energised. See Item 1.2 above.

3     EMPLOYER'S EQUIPMENT

      If applicable, specialised equipment shall be made available for the work on site at the Power
      Station, for the duration of the contract. The Contractor to fully inform himself of the
      serviceability and nature of the equipment, correct function thereof and on completion return
      the equipment to the Employer in a fully serviceable condition.

4     ELECTRICITY, WATER AND OTHER SERVICES

      Electricity and water supplies, within the building proximity, shall be available and may be
      used by the Contractor, subject to availability and any conditions or restrictions the Engineer
      may impose.

5      ELECTRICAL INSTALLATIONS AND MACHINERY

      The successful Contractor shall be responsible for the safety of his staff working on site and
      shall comply with CR 22 including the use of electrical machinery in hazardous locations, in
      terms of Electrical Machinery Regulation 8 of Act 85 of OHSA 1993. In the case of a
      specialised electrical installation that it is verified and tested by an accredited person whom
      shall be a master installation electrician in terms of Electrical Installation Regulations.

      INSURANCE

6     Refer to CR 5 (3) (f) and SPECIAL CONDITIONS OF TENDER FOR CONTRACTS FOR
      SERVICES Clauses dealing with Insurance. Proof of good standing with the relevant
      Compensation Fund shall be provided. Such proof shall be no older than three months.


7     INSTALLATION AND SITE WORK

7.1   The contractor shall be responsible for the following: -

      (i)     Submit a working programme, giving details of preliminary and plant work to be done -
              estimated period for completion.

      (ii)    Supply documentation and/or information e.g. dimensions of proposed equipment,
              power supply requirements as applicable.

      (iii)   The proposed type of services and or equipment offered.

      (iv)    Site preparation work for any services, stripping down and mounting of the proposed
              equipment where applicable.

      (v)     The commissioning of the equipment or rendered service to the satisfaction of the
              Engineer.

      (vi)    CR 25, 26 & 27 shall be applied. The Contractor shall restore and leave the work area
              clean and tidy at the end of each working day. This shall include the removal of staff
              personal effects and remnants of waste materials, cold drink cans and meal leftovers
              etc.

7.2   The Municipality shall be responsible for the following: -

      (i)     The identification and provision of any plant or interfacing equipment.
      (ii)    Supporting documentation, information on the existing plant as applicable.
      (iii)   Supervision and assistance during the installation and commissioning of the proposed
              equipment or services rendered.
      (iv)    Supervision of Contractors work performance on and in certain instances at the
              contractor’s premises.
     (v)   Obtaining references of previous similar work done by the contractor and where
           necessary the inspection of the contractors premises and facilities.


CONTRACTOR'S SIGNATURE:                                DATE:________________
CAPE TOWN ELECTRICITY
                 CONTRACT SAFETY SPECIFICATIONS (GSR)

                  GENERATION DIVISION (POWER STATIONS)

8     SITE ESTABLISMENT & SAFETY REQUIREMENTS AGENDA & CHECK
      LIST

8.1   The Engineer or nominated representative shall indicate the working area and
      layout of the Station to the Contractor. Work permits shall be obtained from
      the duty Shift Superintendent.

8.2   The contractor shall provide their own adequate first aid facilities and trained
      first aide personnel as such facilities cannot be guaranteed to be provided and
      available at all times by the client.

8.3   The procedures to be followed and group assembly point shall be shown to
      the Contractor, in the event of an emergency, once the evacuation alarm has
      been sounded.

8.4   The emergency procedures, blackout conditions and escape routes shall be
      indicated and shown to the Contractor.

8.5   The Health and Safety representative can be approached during normal
      weekday working hours via the duty Shift Superintendent.

8.6   Power station equipment, tools and workshop machinery shall not be used
      unless authority is obtained and proven proficiency in operating such
      equipment is given.

8.7   The adherence to the Act and Regulations contained in the Occupational
      Health and Safety Act of 1993.

8.8   Receive, review and discuss the Risk assessment and resultant Safety Plan
      per items 1.3 and 1.4 of this specification for effective implementation for the
      Contract.

8.9   Confirm and arrange for site and equipment security as conditions require.




CONTRACTOR'S SIGNATURE:                                      DATE: _________

CLIENT’S SIGNATURE: _____________________                    DATE:_________
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.
     GENERAL INFORMATION


1.   The Occupational Health and Safety Act No. 85 of 1993 comprises Sections 1 to 50 and all
     unrepealed Regulations made under Section 35 of the former Machinery & Occupational
     Safety Act N0. 6 of 1983, as amended, as well as other Regulations, which may be
     promulgated in terms of the new Act.


2.   “Mandatory” is defined as includ[ing] an agent, a contractor or a subcontractor for work, but
     without derogating from his status in his own right as an employer or user [of plant or
     machinery]. (Section 1 of the Act)


3.   Section 37 of the Act potentially punishes employers (principals) for the unlawful acts or
     omissions of mandatories (contractors) save where (in terms of Section37 (2) of this Act) a
     written agreement between the parties has been concluded containing arrangements and
     procedures to ensure compliance with the said Act by the Mandatary with the provisions of
     this Act.


4.   To perform in terms of this agreement, the Mandatory must be familiar with the relevant
     portions of the Act.


5.   Mandatories who utilise the services of their own Mandatories (subcontractors) are advised to
     conclude a similar agreement with their Mandatories.


6.   Be advised that this Agreement places the onus on the Mandatory to contact the Employer in
     the event of inability to perform as per this Agreement. The Employer, however, reserves the
     right to unilaterally take any steps as may be necessary to enforce this agreement.
PAGE 1 of 2                                                                                  RES 8(2)i
                                  NOMINATION OF RESPONSIBLE PERSONS
     IN TERMS OF THE OCCUPATIONAL HEALTH AND SAFETY ACT CONSTRUCTION REGULATIONS


DIRECTOR: ELECTRICITY SERVICES
P O Box 82
CAPE TOWN
8000
Dear Sir,
WORK TO BE PERFORMED UNDER
CONTRACT NO: ______________________
PROJECT NAME: __________________________________________________


……............................……………. (Name of Firm), hereinafter referred to as "the firm", hereby undertakes to
complete the work required under the abovementioned instruction in accordance with the provisions of the
Occupational Health and Safety Act (Act 85 of 1993) and the Regulations promulgated in terms of the said Act.


Mr ………………………………………………….……(Name of Person) being the Chief Executive Officer of the
firm or his nominee, is in terms of section 16 of the Occupational Health and Safety Act (Act 85 of 1993), the
person responsible for ensuring that the provisions of that Act and the Regulations promulgated there under are
complied with, in respect of all work undertaken by the firm on the Cape Town Electricity Department site
relating to the abovementioned instruction.


The firm hereby nominates...................…................……………......(Name of Person) being a person who has
the knowledge and experience necessary to assess the hazards associated with the performance of the work or
use of the machinery relating to the abovementioned instruction, as General Supervisor in terms of Section
8(2)(i) of the Occupational Health and Safety Act (Act 85 of 1993) and specifically the Construction Regulation
6.


The firm undertakes that all work carried out by it in accordance with the abovementioned instruction shall take
place under the constant supervision of a competent employee of the firm. Where the Occupational Health and
Safety Act (Act 85 of 1993) and/or the Regulations promulgated there under, require the designation of a
supervisor to oversee work relating to the abovementioned instruction, the firm shall forthwith in writing advise
the Director: Electricity Services of such appointment prior to the commencement of work relating to the
abovementioned instruction.


In the event of the aforementioned nominee being for any reason whatsoever unable to fulfil their
aforementioned duties, the firm shall immediately appoint in writing a competent person or persons, as the case
may be, in substitution thereof and shall, in writing, advise the Director Electricity of such appointment.




                                                         25
PAGE 2 of 2                                                                                             RES 8(2)i


FOR AND ON BEHALF OF: (Name of Firm)


SIGNATURE: .............................………….. NAME: MR


POSITION:


I, Mr ………….in my capacity as MEMBER of,
accept the nomination as the person responsible in terms of Section 16 of the Occupational Health and Safety
Act (Act 85 of 1993) for ensuring that the provisions of that Act and the Regulations promulgated there under
are complied with in respect of all work undertaken by the firm on the Electricity Department site relating to the
abovementioned instruction.




SIGNED: .......................................... DATE: ............................................




I, Mr ...........………............. in my capacity as...……............................ accept the nomination as the General
Supervisor in terms of Section 8(2)(i) of the Occupational Health and Safety Act (Act 85 of 1993) and the
Construction Regulation 6(1) or 6(2) {delete Regulation not applicable to respective appointment made here}.




SIGNED: .......................................... DATE: ............................................




FOR AND ON BEHALF OF: .........................................(Name of Firm)




SIGNATURE: ................................... NAME: ............................................




POSITION: .................................................




                                                                             26
                              PART B: QUOTATION CONDITIONS
ALL QUOTATION CONDITIONS MUST BE STRICTLY ADHERED TO, FAILING WHICH THE QUOTATION MAY BE
REJECTED OR DECLARED NON-RESPONSIVE.

1.        No quotation will be considered unless submitted on the official Contract Form together with all Returnable
          Schedules duly completed and signed.

2.        Quotations must be properly received and deposited in the correct quotation box on or before the closing date and
          before the closing time at the Tender and Quotation Office situated on the 2nd floor, Concourse Level, Civic Centre,
          Hertzog Boulevard, Cape Town.

3.        The CCT reserves the right to accept the whole quotation or part thereof, or any item or part of any item, or to
          accept more than one quotation (in the event of a number of items being offered).

4.        The CCT reserves the right to accept a quotation which is not substantially or materially different from the
          Specification.

5.    The CCT is not obliged to accept the lowest or any quotation.

6.        The CCT shall not consider quotations which are received after the closing date and time for such quotations.

7.        The CCT will not be held responsible for any expenses incurred by vendors in preparing and submitting quotations.

8.    The CCT may, after the closing date, request additional information or clarification from vendors, in writing.

9.    The CCT’s representative for the purpose of this quotation is:

          Khotso Selokoma Tel No. 021 – 694 1715 ext 250

10.       Any quotation submitted shall remain valid, irrevocable and open for acceptance by the CCT for a period of sixty
          (60) days from the closing date.

11.       A vendor may request in writing, and after the closing date, that his or her quotation be withdrawn, which withdrawal
          will be permitted or refused at the sole discretion of the CCT after consideration of the reasons for the withdrawal,
          which shall be set out by the vendor in such a written request for withdrawal.

13.       All vendors submitting quotations must be registered on the CCT’s Vendor Database on the closing date for
          quotations.

14.       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’).

15.       It is each vendor’s responsibility to keep all of his or her information updated on the CCT Vendor Database. At the
          sole discretion of the CCT, 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 be suspended until such time as the correct,
          verified information is received.

16.       If the vendor is an employer as defined in the Compensation for Occupational Injuries and Diseases Act, Act 130 of
          1993 (COIDA), the vendor shall submit either a Letter of Good Standing issued by the Compensation
          Commissioner in terms of the COIDA, confirming that the vendor is registered as an employer in terms of the
          COIDA; or confirmation of cover with a licenced compensation insurer for the full extent of the vendor’s potential
          liability as contemplated in terms of Section 84 of the COIDA.

17.       No person who is a provider or prospective provider of goods or services, or a recipient or prospective recipient of
          goods disposed of or to be disposed of may directly or indirectly influence or interfere with the work of any CCT
          officials involved in the procurement process in order, inter alia, to:

          a)        influence the process and/or outcome of a bid;
          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 City Official in any way which may secure an unfair advantage during or at any stage of the
                   procurement process.

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



                                                                27
19.    Vendors are required to complete all declarations in the Returnable Schedules attached hereto, failing which the
       quotation may be declared non-responsive.


20.   An 80/20 price/preference points system will be applied to the evaluation of responsive quotations, whereby the
       order(s) will be placed with the vendor(s) scoring the highest total number of adjudication points.

          20.1 Price shall be scored as follows:

                   Ps = 80 x (1 – (Pt – Pmin))
                                     Pmin

                   Where:    Ps is the number of points scored for price;
                             Pt is the comparative price of the quotation under consideration;
                             Pmin is the comparative price of the lowest responsive quotation.


          20.2     Preference points shall be scored as follows:


                   Points will be awarded to tenderers who are eligible for preferences in respect of B-BBEE contribution in
                   terms of Returnable Schedule 3: Preferencing Schedule.

                   The terms and conditions of Schedule 3 shall apply in all respects to the quotation evaluation process
                   and to any subsequent contract.

                   A maximum of 20 quotation evaluation points will be awarded for preference to vendors with responsive
                   quotations who are eligible for such preference, in accordance with the criteria listed below.

                   Exempted Micro Enterprise or B-BBEE Status Level of Contributor
                   The Tenderer shall indicate on Schedule 3 his or her company/firm/entity’s B-BBEE status level of
                   contributor, in accordance with one of the following:

                       Exempted Micro Enterprise (>50% black-owned)
                       Exempted Micro Enterprise (≤50% black-owned)
                       Verified B-BBEE status level of contributor in terms of the Construction Sector Charter on Black
                        Economic Empowerment (Board Notice 111 of 2007 published in Government Gazette No. 29616
                        of 9 February 2007)
                   
                                                  1
                        Non-compliant contributor

                   Up to 20 tender evaluation points (NP) will be awarded for the level of B-BBEE contribution, in
                   accordance with the tables below:

                 B-BBEE Status Level of Contributor                 Number of Points for Preference
                                       1                                                20
                                       2                                                18
                                       3                                                16
                                       4                                                12
                                       5                                                 8
                                       6                                                 6
                                       7                                                 4
                                       8                                                 2
                          Non-compliant contributor                                      0
                   1

                   A non-compliant contributor is one who does not meet the minimum score for a level 8 contributor, or
                    who is not verified in terms of the Construction Sector Charter.

       or, in respect of Exempted Micro Enterprises (EMEs)

                   Black Ownership of       Deemed B-BBEE Status Level of             Number of Points for
                          EME                       Contributor                          Preference
                         > 50%                          3                                    16
                         ≤ 50%                          4                                    12

          20.3 The total number of adjudication points (NT) shall be calculated as follows:

                   NT = Ps + NP



                                                            28
                                              ---------------------------o0o----------------------------




     PART C: GENERAL & 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) (download at
http://www.treasury.gov.za/divisions/sf/sc/GeneralConditions) WHICH SHALL CONSTITUTE THE AGREEMENT
BETWEEN THE CCT AND THE VENDOR. IF THERE IS A CONFLICT BETWEEN THE SCC AND THE GCC, THE
PROVISIONS OF THE SCC SHALL PREVAIL.

1.    Acceptance/Contract Commencement and purchase orders
      The vendor’s offer will be accepted by the CCT when a purchase order is issued to the vendor. The date of issue of
      the purchase order shall be the commencement date of the contract. The vendor undertakes work and incurs
      expenses prior to the issuing of a purchase order entirely at its own risk. The CCT shall only incur liability for payment
      in terms of this contract if a valid purchase order has been issued to the vendor.

2.    Standards
      Failure to comply with the Specification and standards as set out in the quotation document shall constitute a material
      breach, and the CCT reserves the right to cancel the contract in terms of Clause 23 of the GCC.

3.    Payment – Clause 16 of the GCC
       3.1 A monthly payment cycle will be the norm. All invoices received for goods and services dated on or before the
           20th of a particular month will typically be paid between the 23rd and the 26th of the ensuing month.

      3.2 In order to qualify for payments on a 14-day cycle, a supplier must submit a fully motivated application to the
          Director: Supply Chain Management for consideration.

      3.3 More frequent payment to suppliers is not a right. Requests for such payments will be considered at the sole
          discretion of the Director: Supply Chain Management.

      3.4 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 be between the 10th and the 13th of the month.

      3.5 The actual payment run dates will be dependent on the number of days of the month and the influence of public
          holidays. Suppliers on a 14-day cycle who submit invoices by the 25th of a particular month will be paid
          between the 10th and the 13th of the next month.

      3.6 The supplier shall prepare, and submit with each statement for payment, or at least monthly, an updated Project
          Labour Report. A template is provided as Annex 1 attached. The Project Labour Report must include details of
          all labour (including that of sub-contractors) earning less than R200 per day (excluding any benefits) employed
          on this contract in the month in question. Failure to submit such reports may result in payment to the supplier
          being withheld until this condition is complied with.

4.    Applicable Law – Clause 30 of GCC
       4.1 The vendor hereby indemnifies the CCT in respect of the provisions of the Occupational Health and Safety Act,
           Act 85 of 1993 (OHAS), in accordance with the Occupational Health and Safety Act.

      4.2 The vendor is to ensure compliance with the provisions of the OHAS Act & all relevant regulations, by all
          employees of the vendor, for the duration of the contract. The vendor shall provide a suitable health and safety
          plan appropriate for the contract.

      4.3 The vendor must comply with the Basic Conditions of Employment Act, Act 75 of 1997 and Amendments
          including
           all laws relating to wages and conditions governing the employment of labour and Bargaining Council
          agreements.

      4.4 The vendor shall be in possession of a Letter of Good Standing issued by the Compensation Commisioner in
          terms of the COIDA, confirming that the vendor is registered as an employer in terms of the COIDA; or
          confirmation of cover with a licenced compenstation insurer for the full extent of the vendor’s potential liability as
          contemplated in terms of Section 84 of the COIDA, for the duration of the contract.




                                                               29
5.   Insurance – Clause 11 of GCC
     5.1 Without limiting the obligations of the vendor in terms of this contract, the vendor shall effect and maintain the
         following insurances:

     a)    Public liability insurances, in the name of the vendor, covering the vendor 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 vendor in terms of this Agreement shall be fully and adequately insured
           by the vendor against any loss or damage incidental to manufacture or acquisition, transportation, storage and
           delivery.


     5.2   The vendor shall be obliged to furnish the CCT with proof of such insurance from time to time, for the duration
           of this contract.


6.   Settlement of Disputes – Clause 27 of the GCC
      6.1 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, 2003 – Municipal Supply Chain Management Regulations (Notice 868 of 2005).

      6.2 Such referral shall be done by way of notice to the other party in accordance with clause 27.2 of the GCC.

      6.3 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.

      6.4 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 amicable settlement by mutual consultation, or 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.

      6.5 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




                                          ----------------------***-------------------




                                                              30
ANNEX 1                                                                               CITY OF CAPE TOWN
                                                                                      Project Labour Report
Quotation/Contract:        _____,       ________________
                                                             Budget: (tick one)                             Capital        Operating
(Description)
Quotation Reference/Contract Number: _________               WBS No./Cost Centre No.: ________

Vendor:                                                      Contract Start Date:

Consultant: N/A                                              Contract End Date:
Community      Liasion   Officer    (CLO)   CLO         ID   Contract Value
Name: N/A                                   Number: N/A      (incl. allowance for escalation/excl. VAT):
                                                             Project Labour Intensity Target/
Month:
                                                             Specified Minimum Targeted Labour Contract Participation Goal: N/A
Total value of work done to date (incl. escalation/excl. VAT):
                                                                              Number
                                                                               of days                No. of
                                              ID      Targeted                 worked      Disable   training                 Training
 No. of                                                               Daily                                       Course
               Name         Surname         Number/    Labour                    this         d        days                   Service
workers                                                               Rate                                         Name
                                             DOB        (Y/N)                  month        (Y/N)      this                   Provider
                                                                                (incl.                month
                                                                              training)
    1
    2
    3
    4
    5
    6
    7
    8
    9
   10
   11
   12
   13
             Totals for sheet

             Sheet _____ of _____


Signatures

Vendor:
                                                                                          Date
Consultant/Project
Manager:
                                                                                          Date




                                                                 31

				
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