CITY OF CAPE TOWN � MUNICIPAL SERVICES

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					                        REQUEST FOR QUOTATION
                        (CONSTRUCTION WORKS)
                                            SUPPLY CHAIN MANAGEMENT
SCM-459                      Approved: December 2011 : Mark Giger - Manager                                                               Version: 1211                  Page 1 of 33




                                     QUOTATION NUMBER: W100120337

                                     DESCRIPTION: Repairs to kleinvlei sportsfield ticket office


CLOSING DATE:                       23.02.2012                                   INITIALS OF CITY OFFICIALS
                                                                                   AT QUOTATION OPENING
CLOSING TIME:                       14h00                                  1.
                                                                           2.
QUOTATION BOX NUMBER:               169                                    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 non-responsive.


      COMPULSORY SITE MEETING
        DATE:        Tuesday 21 February 2012
        TIME:        09h00
        VENUE:       Kleinvlei Sports Field, Raymond Ackerman Street, Kleinvlei.

 b)   Quotations must be properly received and deposited in the abovementioned 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.

                                                                                                1
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 declared 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 quotations in order for their quotations to be responsive.
h)   Vendors must be registered with the CIDB for a 1 GB class of construction work in order for their quotations to be responsive



                                                                                         INDEX




                                                                                            2
ANNEX 1                                    RETURNABLE SCHEDULES
           Targeted Labour Contract Participation Expenditure Report
              (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

11   Functionality [Delete for quotations under R30 000 in value]


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


A    Project Specification

B    Quotation Conditions

C    General and Special Conditions of Contract

D    Drawings




                                                          3
                                                                     RETURNABLE SCHEDULE 1
                                                                         FORM OF OFFER
                                                           VENDOR
    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
    City of Cape Town Vendor 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 Registration Number

By signing this Form of Offer, the vendor offers to execute the works in respect of Quotation Number : W100120337      , Description: Repairs to Kleinvlei Sports field Ticket
Office,as described in this quotation document and in full compliance with:

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




                                                                                          4
        Price


        ADD: 14% VAT


        TOTAL QUOTATION PRICE (INCL. VAT)



     SIGNED at ………………………………………… (place) on the ………. day of ……………………. (month) 20………..


     ……………………………………………………
     Signature                                                                                                                                               For official use.

                                                                                                                                                                   INITIALS OF CITY OFFICIALS AT
     …………………………………………………..                                                                                                                                              QUOTATION OPENING
     Name (PRINT)
     (For and on behalf of the Vendor, duly authorised)                                                                                                      1.                2.               3.


                                         RETURNABLE SCHEDULE 2
                                                       PRICE SCHEDULE
[NOTE: It is at the discretion of the compiler to unpack the works into suitable items/activities and to specify the units of measurement for pricing purposes (this note is to be deleted in the final quoatation
document for issuing)]

                                                                                                           RATE             PRICE
  ITEM                        DESCRIPTION                                  UNIT      QUANTITY
                                                                                                          (R/Unit)           (R)

    1       Stone gaurds galv 1.4m x .900m                                 Each            2

    2       Wooden Window & Perspec glass 1.4m x 0.900m                    Each            2

    3       Replace FL & B Door / Frame, lock 3 lever                      Each            1

    4       Replace Safety Gate & Lock                                     Each            1

    5       Electrical components complete                                 Sum


                                                                                                      5
      6     Floor tiles                                                    M2            11

      7     Vibrecrete panels                                             Each            4

      8     IBR Roof Sheets 4.5m / Screws                                 Each            7

      9     Paint Walls                                                    M2            55

                                                                                                    SUB-TOTAL

            CONTINGENCY SUM (10% of SUB-TOTAL above)

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



Pricing Instructions:

2.1       If the word ‘Sum’ appears in the Unit column or if the Quantity and Rate columns are blocked or crossed out, a lump sum price is required which covers all aspects of the work set out in the
          Description column and Specification for that item.

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

2.3       By signing the Form of Offer, a vendor warrants for the relevant quotation:
          2.3.1    that the relevant quotation is correct;
          2.3.2    that the rates(s) and prices(s) quoted cover all the work/item(s) specified in the quotation document;
          2.3.3    that the rate(s) and price(s) cover all the vendor’s obligations under a resulting contract, including all disbursements; and
          2.3.4    that any mistakes and/or ommissions regarding rate(s) and price(s) and/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 Employer, such that the total price on the Price Schedule matches the price on the Form of Offer.




                                                                                                    6
                                                                 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 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.

Employer: The City of Cape Town or its duly authorised representative as described in Part C: the General and Special Conditions of Contract.

Exempted Micro Enterprise (EME): A vendor 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 vendor 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 vendor named on the Form of Offer, whose offer has been accepted by the Employer.

Sub-Contractor: A contractor employed by the Prime Contractor to execute construction work on the site by providing labour only, or a combination of labour, plant, equipment and materials.

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 vendor 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 quotations, from the B-BBEE status level certificates submitted to the Employer;

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;



                                                                                            7
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 vendor to submit the relevant certificate(s) (either an original valid B-BBEE status level verification certificate
     in terms of the Construction Sector Charter on Black Economic Empowerment 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
                                                                                     th
     Regulations, 2011, to the Employer at the Supplier Management Unit, 8 Floor, Civic Centre, 12 Hertzog Boulevard, Cape Town (Tel 021 400 9242/3/4/5);




                                                                                                   8
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 unincorporated entities, a verified scorecard in the name of the Consortium/Joint Venture must be submitted with the
     quotation (attached to this schedule).

6)   accept that vendors are required to be registered on the City of Cape Town’s Vendor Database on the closing date for quotations in order for their quotations to be responsive. The B-BBEE
     contributor status claimed by the vendor in Section 4 below will be verified by the Employer against that given on the City of Cape Town’s Vendor Database. If any discrepancy exists, or if
     Table 1: Quotation Preference Claim below is not completed, the Employer shall use the status given on the City of Cape Town’s Vendor Database, as at the closing date for submission of
     quotations, to determine the number of preference points to be awarded to the vendor. In the case of consortiums/joint ventures which submit quotationsas unincorporated entities, a verified
     scorecard submitted with the quotation will be used to determine the number of preference points to be awarded to the vendor.

7)   accept that, notwithstanding Condition 6 above, a vendor will not be awarded points for B-BBEE status level if he or she indicates in his or her quotation that he or she 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 qualifies for, unless the intended sub-contractors are
     exempted micro enterprises that have the capability and ability to execute the sub-contract works.

3 Sanctions relating to breaches of preferencing conditions

The sanctions for breaching the conditions associated with the granting of preferences are:
1) disqualify the vendor from the quotation process;
2) recover all costs, losses or damages the Employer has incurred or suffered as a result of the vendor’s or contractor’s conduct;
3) cancel the contract and claim any damages which the Employer has suffered as a result of having to make less favourable arrangements due to such cancellation;
4) restrict the vendor or supplier, its shareholders and directors, or only the shareholders and directors who acted on a fraudulent basis, from obtaining business from the Employer 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 Employer, 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

4 Quotation preference claim in respect of enterprise status or structure of the quoting entity (the vendor)

In the interest of transparency, vendors are required to complete Table 1: Quotation Preference Claim below.

Table 1: Quotation Preference Claim


                                                                                               9
                                                                               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
                                                      1
                   B-BBEE Status Level of Contributor

     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 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 vendor as prime contractor qualifies for

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




________________________________                                         _________________________________
Signature                                                                Date



________________________________
Name (PRINT)
(For and on behalf of the Vendor (duly authorised))



                                                                                                                                                         For official use.

                                                                                                                                                              INITIALS OF CITY OFFICIALS AT
                                                                                                                                                                   QUOTATION OPENING

                                                                                                                                                         1.               2.               3.
                                                                                                 10
11
              RETURNABLE SCHEDULE 4
     DECLARATION OF INTEREST – STATE EMPLOYEES
The following particulars must be furnished. In the case of a joint venture, 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 three 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
      a member of the National Assembly or the National                 1999
       Council of Provinces
                                                                        a member of an accounting authority of any national or
      a member of the board of directors of any municipal               provincial public entity
       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:

                                                                                                            12
  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                                                                                         Within last
                                                                                                         Current
  member                                                                                                                12 months




  *insert separate page if necessar

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


________________________________________
Name (PRINT)
(For and on behalf of the vendor, duly authorised)




                                                                                                           13
                     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:

     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 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, he or she must please contact the
                                                                                   following:

                                                                                  Fraud.hotline@capetown.gov.za
                                                                                                 or
                                                                    the City’s anti-corruption hotline at 0800 32 31 30 (toll free)

                                                                                             14
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



________________________________
Name (PRINT)
(For and on behalf of the vendor (duly authorised))




                                                                                     15
                        SCHEDULE 6
               DECLARATION OF VENDOR’S PAST
            SUPPLY CHAIN MANAGEMENT PRACTICES
Where the entity quotationing is a consortium or joint venture, each party to the consortium or joint venture must sign a declaration in terms of the Municipal Finance Management 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?
          (To access this Register enter the National Treasury’s website, www.treasury.gov.za and                 Yes   No
          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 charges
                                                                                                                  Yes   No
           to the municipality or a municipal entity, or to any other municipality or municipal entity, that is
           in arrears for more than three months?

 1.4.1    If so, furnish particulars:



                                                                                              16
 1.5      Was any contract between the Vendor and the municipality or 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



________________________________
Name (PRINT)
(For and on behalf of the vendor (duly authorised))




                                                                                         17
                       RETURNABLE SCHEDULE 7
               CERTIFICATE OF INDEPENDENT QUOTATION
                           DETERMINATION
I, the undersigned, in submitting this Quotation Number Description: W100120337                     Repairs to Kleinvlei Sports Field Ticket Office n 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 consortium* will not be construed as collusive price quoting.
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 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 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


                                                                                                18
    ________________________________
    Name (PRINT)
    (For and on behalf of the Vendor (duly authorised))



(* Consortium: a 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.)




                                                                                    19
                   RETURNABLE SCHEDULE 8
               OCCUPATIONAL HEALTH AND SAFETY

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.

In respect of Quotation Number W100120337- Repairs to Kleinvlei Sports Field Ticket Office

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, 85 of
1993 (OHSA), and the Regulations promulgated thereunder.

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, licenced 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 or 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

                                                                                        20
Signed at ______________________ on the _______day of ______________________ 20____.


_______________________                                       ____________________
Witness                                                       for and on behalf of
                                                              City of Cape Town




                                                                          21
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 Act85 of 1993 (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 a construction supervisor who understands 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 or she familiarises him- or herself with the requirements of the Occupational Health and Safety Act and that he or she, his or her 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 to 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, substances, 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 the commencement of any work, verified copies of all documents mentioned in the agreement must be presented to the Employer.




                                                                                         22
               RETURNABLE SCHEDULE 9
        PROOF OF COIDA REGISTRATION/INSURANCE
Vendors must attach proof of registration or 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 or insurance, either with this quotation or within any further time for submission stated in a written request from the Employer, will
result in the Vendor’s quotation being rejected as non-responsive.




                                                                                          23
                                              PART A
                                       PROJECT SPECIFICATION
     [Compiler Note: A Project Specification for the works required is to be inserted by the user department. The example below is given as an example of typical headings and content for a
     particular project. Compilers are to note that a Health and Safety Specification is an essential part of any Project Specification. The requirement for a contractor to submit monthly Project
     Labour Reports (see Section 9 below) must also form part of all specifications. (This note is to be deleted in the final quotation document for issuing.)]


     Should any requirement or provision in the parts of the Project Specification conflict with any requirement of any Standardised Specification or any drawings, the order of precedence (unless
     otherwise specified) is:

     Drawings
     Project Specification
     Standardised Specifications


     1.   LOCATION OF SITE

          The site of the proposed gantry is at the exit from Table Bay Harbour at Christiaan Barnard Street. A pre-fabricated gantry (supplied by the Employer) is to be situated over the slip-road
          connecting the exit of the harbour to the Table Bay Boulevard outbound carriageway.

          A location plan is attached to this document in Part 4: Drawings.

     2.   SCOPE OF WORK



Supply and fix galvanise stone gaurds at two windows ,made of 38 x 3mm angle iron                                               and welded mesch, with flat iron support in middle
1.4m x .900mm (2100 x 800mm) fix to        wall

All stone guard fix in to wall with rawl bolt.

Replace two wooden windows (cut out to put money through )with perspec glass. 1.4m x                                            . 900mm

Replace fl&b door and frame with safety gate and locks

Attend to all electrical components inside ticket office as wel as outside light ( 1/ 1.5m                                    Florescent light, 1 / Double plug, 1 / Light Switch, 1 /
DB Board, Wiring, 1 / Trip switch, 2 x        Cuircut Breakers, 1 / Main switch


                                                                                               24
Tile floor with glaze tile non slip 11m2

Replace broken panels in wall

Replace roof sheet seven of 4.5m

Paint walls 55m2




     3.   DRAWINGS

          Details of the proposed work are given on the following separately-issued drawings, which form part of the contract for this project:

     3.   PROGRAMME

          It is a requirement of this contract that the Works shall be completed within a period of 8 (eight) calendar weeks from the date of receipt of the order, excluding the year-end break and
          special non-working days falling outside thereof.

          A certain amount of inclement weather may be expected in the period during which the Works are to be carried out (refer to the Special Conditions of Contract), which must be provided
          for in the programming of the work.

          The Contractor shall submit a construction programme within 5 days of having received acceptance (an order) of his quotation, taking due cognisance of non- working days and inclement
          weather, showing the sequence and timing of the various work activities.

          The construction programme will be used to evaluate any claim for an extension of time in terms of the contract.

     4.   TENDERER TO PROVIDE EVERYTHING NECESSARY

          Allowance must be made in the quoted rates and prices to provide everything necessary for the completion of the Works within the specified period, in accordance with the specification
          and to the satisfaction of the Employer.

          The Contractor shall also provide, at his own cost, any additional facilities required on or outside the site for the purposes of the Works (the provision of water or electricity, for example).

     5.   WORKING IN THE VICINITY OF PUBLIC ROADS

          All operations are to be properly screened off to protect road users from flying debris or falling objects, including wind-blown materials originating from the Works. Screening is to be to the
          satisfaction of the Employer at all times.

          All potentially hazardous aspects of the Works are to be kept properly protected and closed to access by members of the public. This applies particularly to excavations, shoring,
                                                                                                  25
     stockpiles and equipment. A check is to be made at the close of each day's work to ensure that no potentially unsafe situation is left accessible to the public.

     The gantry may not be erected in windy conditions.

6.   EXISTING SERVICES

     The type and location of the existing services in the work area are indicated on the Drawings.
     The onus is on the Contractor to verify and locate all services, carefully, by hand.
     Extreme care is to be taken when working in the vicinity of services, particularly when excavating. Any damage to services occasioned in the course of the Works will be made good by the
     appropriate service authority and the cost thereof will be deducted, in the first instance, from amounts due to the Contractor in terms of this contract.

     Apart from such excavation and construction as is required in terms of the drawings and specifications, no pegs or stakes are to be driven, nor any holes excavated, into the surface of any
     road or other Council property in the course of the Works.

     The Contractor shall be responsible for renewing the existing wayleaves for the works into his own name, and shall abide by all conditions imposed by such wayleaves, permissions or
     permits.

7.   INSPECTION BY AUTHORISED OFFICIALS

     The Contractor shall allow for the provision of adequate and safe means of access to facilitate the proper checking and inspection of the Works by the Employer’s representative(s).



     Each critical stage of the work on each component must be approved by the Employer’s representative prior to proceeding with any subsequent stage. No stage of the work will be
     accepted as complete unless approved by the Employer’s representative, and approval will not be possible in the absence of a properly conducted inspection.

     Such inspections by the Employer’s representative must be called for at reasonable notice, and sufficient opportunity and facility afforded for the inspection to be carried out in the
     presence of the Contractor or Contractor’s designated agent.

8.   PROJECT LABOUR REPORTS

     The contractor 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) that earns 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 contractor being withheld until this condition is complied with.

9.   GENERAL OBLIGATIONS

     The contractor’s price shall include all general responsibilities and obligations, such as insurances, site establishment, superintendence, setting out of the works, location and protection of
     underground services, health and safety, checking and testing, reporting and clearing the site on completion, and generally the provision of everything necessary for the completion of the
     works.

     A suitable area for camp site establishment is shown on the locality plan in Part D of this document. No pegs or stakes are to be driven, nor any holes excavated, into the surface of the
     camp site.


                                                                                            26
10.   ACCOMMODATION OF VEHICULAR AND PEDESTRIAN TRAFFIC

      All measures for the temporary accommodation and control of traffic shall be in accordance with Chapter 13 of the South African Road Traffic Signs Manual.

      The Works Manager: Ebenezer Roads Depot, Mr K. King (Tel 021 425 3310 or Cell 084 250 3803) must be notified at least 5 working days prior to the implementation of any temporary
      accommodation measures.

      Minimum lane widths of 3.5m (both into and out of the harbour) are to be kept clear and unobstructed for traffic at all times except during the erection of the gantry, or during any other
      potentially hazardous operation, which must be carried out in liaison with, and under the supervision of, the Works Manager: Ebenezer Roads Depot.

11. EXCAVATION FOR FOOTINGS

      Given the nature and location of underground services in the area, it is a requirement of this contract that all excavations be carried out, carefully, by hand. Any unrecorded services are
      immediately to be brought to the attention of the Employer’s representative, who will issue further instructions in this regard.

      Where necessary, existing kerb and channel sections are to be carefully removed and stored for later re-use.

      The excavations shall be to a length and width that provide the appropriate side allowance for the construction of the reinforced concrete footings as specified.

      The bottoms of the excavations must be compacted to 93% Mod. AASHTO, before casting the concrete blinding layer over the full extent of the excavations as shown on the Drawing.

12. CONSTRUCTION OF FOOTINGS

      The reinforced concrete footings shall be constructed in accordance with the South African Bureau of Standards’ (now Standards South Africa) Standardised Specification for Civil
      Engineering Constructing, SABS 1200 GA 1982 Concrete (Small Works), as amended or amplified upon on the Drawings.

      It is not permissible to cast the concrete for the footings up against the sides of the excavation. Concrete must be cast in formwork, which may have a rough finish.
      The footings are to be cast in 30/19 concrete to the level shown on the Drawings, with 50mm high raised kickers for the stub columns. After casting, the bases are to be left undisturbed
      for a minimum period of 3 days.
      The contractor shall ensure that the necessary testing in respect of concrete strength, as described on the Drawings, is carried out by an accredited laboratory.



      Procedure for Setting Out the H-D Anchor Groups and Casting the Strut Bases and Stub Columns

      Assemble each anchor group using an 8mm-thick Masonite template of the base plate and the stirrups below the template to keep the anchor bars rigid.
      Fix each anchor group firmly in its required position on a suspended kicker for the stub column.
      Fix the remaining stirrup sets while using the base-plate template to fix the position of the anchor group.

13. ERECTION OF GANTRY

      The contractor must make all arrangements for the collection of the pre-fabricated gantry sections from the Ebenezer Roads Depot (in Ebenezer Road, Green Point) and delivery to the
      site. Due care shall be taken in the handling of the various gantry sections in order to ensure that damage to the corrosion protection coating system is minimised.

      Once on site, each stanchion is to be positioned, aligned and plumbed-up using three adjusting nuts as a tripod, after which the three corresponding H-D nuts are to be tightened, followed
      by final tightening of all the remaining nuts.
                                                                                            27
   Each strut base-plate is to be positioned, aligned and plumbed-up using three adjusting nuts as a tripod, after which the three corresponding H-D nuts are to be tightened, followed by final
   tightening of all the remaining nuts.
   Connect struts to stanchions and base-plates, and beam to stanchions. A final check is to be made on the fit, and horizontal and vertical alignment, before proceeding to the next step.
   Each stub column is to be shuttered and cast in concrete of a pourable consistency. Sufficient concrete is to be introduced to completely fill the space under the base-plate, and it must be
   ensured that no cavities or air pockets remain. The concrete is to be introduced via the 60mmØ holes in the base-plate. After casting, the stub columns are to be left undisturbed for a
   minimum period of 3 days before stripping the shutters.

   Finally, the eleven height restriction cylinders are to be supended from the gantry using the chains and fixings supplied.

14. REINSTATEMENT OF KERB AND CHANNEL

   Recover from stock and reinstate original kerb and channel sections to correct line and level, bedded and backed as described in the Drawings.

15. TOUCH-UP PAINT REPAIRS TO GANTRY

   Any damage to the protective coating system caused by the handling of the gantry sections in the delivery and erection process shall be made good by the contractor. The coating system
   applied shall match the original system described below.

   Pre-Treatment: Thorough cleaning with 'DEKRO GALV-O-CLEAN' to a waterbreak condition.
   First Coat:       One spray coat of 'DEKRO ADPRIME NO. 1 EPOXY PRIMER' to a dry-film thickness of 20 microns.
   Second Coat:      After the first coat has cured for a minimum of 16 hours, apply one spray coat of 'DEKRO POLYURETHANE ENAMEL' to a dry-film thickness of 25 microns.
   Top coat:         After the second coat has cured for a minimum of 16 hours, apply one spray coat of 'DEKRO POLYURETHANE ENAMEL' to a dry-film thickness of 25 microns.
   Paint Colours:    Each paint coat shall be of a sufficiently different colour so as to be able to distinguish between coats during paint application. The colour of the top coat shall be dark
                     grey (SABS 1091-G13).


16. HEALTH AND SAFETY SPECIFICATION

   Purpose

   In terms of the Occupational Health and Safety Act, Act 85 of 1993 (OHS Act), and the Construction Regulations 2003, the client (the Employer) 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.

   The purpose of this specification is to ensure that a Contractor entering into a contract with the Employer maintains an acceptable level of performance with regard to health and safety
   issues during the performance of the contract. In this regard the Health and Safety Specification forms an integral part of the contract and the principal Contractor shall ensure that any
   sub-Contractors and/or suppliers comply with the requirements of this specification.

    Scope of Work

   The scope of work is described in Section 2 above.

   General

   For the purpose of complying with the OHS Act and the Construction Regulations, all the work included in this scope shall be deemed to be ‘construction work’. The Contractor shall apply

                                                                                         28
all of the relevant regulations and requirements to the work methods and materials used.

The Contractor shall comply with the Occupational Health and Safety Act, Act 85 of 1993 (OHS Act), and in particular with its Construction Regulations, 2003, and in this regard shall enter
into an agreement with the Employer undertaking to ensure that all work will be performed in such a manner as to comply with the aforementioned Act and Regulations (refer to
Returnable Schedule 9).

Where applicable, the Contractor shall give the required notice to the Provincial Department of Labour before commencement of any work on the Site. This notice shall include all
information as required by the Construction Regulations and shall be signed by the Contractor and the Employer.

The Contractor shall ensure current registration and good standing with the Compensation Commissioner and shall provide evidence to this effect to the Employer.

It is the responsibility of the Contractor to provide for all costs and expenses related to the management of and compliance with the OHS Act and this specification.

Existing Site Conditions

The Contractor shall take into account, inter alia, the following existing conditions when complying with the OHS Act:

    Existing utility services;
    Existing Site conditions. The Contractor shall be deemed to have visited the site and examined the site conditions applicable for the Works;
    Access to the site;
    Traffic accommodation requirements;
    Surrounding land use;
    Anticipated weather conditions for the Cape Town area.

Design Information

Design information for safety planning purposes, such as design loads for structures, foundation conditions, etc. may be requested from the Employer if required.

Construction Materials

The materials to be used to construct the Works are described in the following:

    This Project Specification
    The Drawings

The Contractor shall take appropriate measures to manage the risks associated with the use of all the materials required to complete the Works, and shall, inter alia, implement all the
precautionary measures provided by manufacturers and suppliers for the storage, use and application of materials used.

Working in the Vicinity of Public Roads

The requirements regarding the accommodation of vehicular and pedestrian traffic and working in the vicinity of public roads are to be noted by the Contractor, and provision is to be made
to ensure the safety of all vehicular and pedestrian traffic at all times.

Environmental Conditions

The Contractor shall ensure compliance with all current environmental legislation applicable to the Works and the site.
                                                                                      29
Use of the Site by the Employer

Continued use of the site required by the Employer to maintain traffic flows or to allow work to be done by other Contractors or authorities is a requirement of this contract and the
Contractor shall take due precaution in this regard.

Reporting of incidents

All incidents shall be reported strictly in accordance with the requirements of the OHS Act.

Health and Safety Plan

In compliance with the Construction Regulations the Contractor shall, after performing a risk assessment, prepare a health and safety plan for approval by the Employer.

The health and safety plan shall include, but not be limited to, the following:

The safety management structure, including the names of all designated persons, such as the construction supervisor and any other competent persons;

Safety method statements and procedures to be adopted to ensure compliance with the OHS Act. Aspects to be dealt with shall include:

    Control of the movement of construction vehicles;
    The storage and use of materials;
    The use of tools, vehicles and plant;
    Temporary support structures;
    Dealing with working at height;
    Security, access control and the exclusion of unauthorised persons;
    Excavations left open overnight, or over weekends.
    The provision and use of temporary services;
    Safety equipment, devices and clothing to be employed;
    Emergency procedures;
    Provision of welfare facilities;
    Induction and training;
    Arrangements for monitoring and control to ensure compliance with the safety plan.

Audits by the Employer

The Contractor shall permit the Employer to audit, regularly and at an agreed interval, the implementation and maintenance of the approved health and safety plan; and shall co-operate
and provide all the required documentation, as may be requested, in this regard.

Variations

Should any variations be ordered or design amendments be issued, the Employer’s representative will inform the Contractor of all the associated potential hazards. The Contractor shall
ensure that the health and safety aspects of the work ordered are taken into account in his or her health and safety plan.

Items Requiring Special Attention

                                                                                    30
The Contractor’s attention is drawn specifically to presence of major underground services in close proximity to the Works and the need to exercise extreme caution when working in the
vicinity thereof (Sections 2 and 7 above refer). The Contractor shall be responsible for renewing the existing wayleaves in his own name and shall abide by the safety conditions imposed
by such wayleaves, permissions or permits.




                                                                                    31
                                       PART B
                                QUOTATION CONDITIONS
ALL QUOTATION CONDITIONS MUST BE STRICTLY ADHERED TO, FAILING WHICH THE QUOTATION MAY BE DECLARED NON-RESPONSIVE OR REJECTED.

1.   No quotation will be considered unless submitted on theofficial 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 Employer 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 Employer reserves the right to accept a quotation which is not substantially or materially different from the Specification.

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

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

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

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

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

              Mr H.N.Isaacs
              Tel No. 021 9004077 /076 904 5355

10. Any quotation submitted shall remain valid, irrevocable and open for acceptance by the Employer 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 Employer after
    consideration of the reasons for the withdrawal, which shall be set out by the vendor in such a written request for withdrawal.

12. All vendors submitting quotations must be registered on the City of Cape Town’s Vendor Database on the closing date for quotations.
                                                        th
13. Registration forms may be collected from the 8 Floor, Supplier Management Office, Civic Centre, 12 Hertzog Boulevard, Cape Town; or requested by fax from 086 546 1881; or
    downloaded from www.capetown.gov.za (follow the links: ‘Supply Chain Mngt’ – ‘Supplier Registration’ – ‘application form’).

14. It is each vendor’s responsibility to keep all their information updated on the CCT Vendor Database. 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, at the sole discretion of the Employer, be suspended until such time as the correct, verified information is received.

15. 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 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
                                                                                            32
     terms of Section 84 of the COIDA.

16. No person who is a provider or prospective provider of goods, services or construction works, 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 of the Employer’s officials involved in the quotation process in order to inter alia:

            a)    influence the process and/or outcome of a quotation;
            b)    incite breach of confidentiality and/or the offering of bribes;
            c)    cause over- and under-invoicing;
            d)    influence the choice of procurement method or technical standards; or
            e)    influence the Employer’s officials 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 Employer’s SCM Policy and the Employer’s Abuse Policy.

19. Vendors are required to complete all declarations in the Returnable Schedules attached hereto, failing which the quotation shall 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.
                       Pm 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 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:


                                                                                           33
Exempted Micro Enterprises (EMEs)
 Black Ownership Deemed B-BBEE Status                Number of Points (Np)
                   Level of Contributor
       >50%                   3                                 16
       ≤50%                   4                                 12

    B-BBEE Status Level of Contributor               Number of Points (Np)
                          1                                  20
                          2                                  18
                          3                                  16
                          4                                  12
                          5                                   8
                          6                                   6
                          7                                   4
                          8                                   2
                              1
    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.

The total number of adjudication points (N T) shall be calculated as follows: NT = Ps + NP




                                                                              34
                     PART C
   GENERAL AND SPECIAL CONDITIONS OF CONTRACT
GENERAL CONDITIONS OF CONTRACT

The General Conditions of Contract shall be the Government Procurement: General Conditions of Contract, dated July 2010, published by the National Treasury of the Republic of South
Africa (download at http://www.treasury.gov.za/divisions/sf/sc/GeneralConditions), as amended by the contract-specific Special Conditions of Contract listed below :

The General Conditions of Contract shall be read in conjunction with the variations, amendments and additions set out in the Special Conditions of Contract below. Each item of data given
below is cross-referenced to the clause in the General Conditions of Contract to which it mainly applies.

The General Conditions of Contract, together with the Special Conditions of Contract, collectively describe the risks, liabilities and obligations of the contracting parties and the procedures for
the administration of the Contract. The Special Conditions of Contract shall have precedence in the interpretation of any ambiguity or inconsistency between it and the General Conditions of
Contract.

SPECIAL CONDITIONS OF CONTRACT

The following contract-specific conditions are applicable to this contract:

Clause 1.15
Delete Clause 1.15 and substitute with the following

‘Goods’ means the ‘Works’ in the context of construction-related activities, including both permanent and temporary Works.

Clause 1.21
Delete Clause 1.21 and substitute with the following:

‘Purchaser’ means the ‘Employer’ in the context of construction-related activities, and is the City of Cape Town, represented by the Director: Sports , Recreation & Am,enities and/or such
other person or persons duly authorised thereto by the Employer in writing. The address of the Employer is 12 Hertzog Boulevard, Cape Town, 8001.

Clause 1.25
Delete Clause 1.25 and substitute with the following:

‘Supplier’ means the successful vendor (otherwise known as the ‘Contractor’) who is awarded the contract to execute the Works.

Add the following two clauses after Clause 1.28:

Clause 1.29
‘Project Specification’ means the particular specification wihich describes the Employer’s requirements in respect of the works to be undertaken, and any other requirements and/or
constraints relating to the manner in which the work is to be performed.

Clause 1.30
‘Drawings’ means all drawings, calculations and technical information forming part of the quotation document (other than information contained in the project specification) and any
                                                                                           35
modifications thereof or additions thereto from time to time, approved in writing by the Employer or delivered to the Contractor by the Employer.

Clause 2.1
Insert the words ‘construction works’ before the word ‘sales’.

Clause 3.2
Delete Clause 3.2 in its entirety.

Add the following clause after Clause 4.1:
Clause 4.2
Failure to comply with the standards as set out in the Project Specification and Drawings shall constitute a material breach, and the Employer reserves the right to cancel the contract in terms
of Clause 23 of the General Conditions of Contract.

Clause 7
Delete Clauses 7.1 to 7.4 in their entirety and replace with the following clause:

Clause 7.1
A performance surety is not required for construction contracts under R200 000 (VAT inclusive) in value.

Add the following new clause after Clause 11.1

Clause 11.2
The Contractor shall be liable to the Employer for, and shall indemnify it and keep it indemnified against, all penalties, damages, costs, charges and expenses for which the Employer may be
liable or which it may sustain at the instance of any person (including employees of the Employer) or body of persons, as a result of any injury or damage to person or property occurring up to
the date of the final performance of the Contract, and arising directly or indirectly out of, or in connection with, the carrying out of the Works.

In particular,the Contractor shall, at his own expense, effect and maintain the following insurances:
Public Liability Insurance: in the joint names of the Employer and the Contractor, providing cover for not less than R20 000 000 in respect of any particular claim. The total number of claims
during the period of the contract shall be unlimited. This insurance shall include a cross-liability clause such that the insurance shall apply to the Contractor and Employer as separate insured
parties; and, if not registered and in Good Standing with the Compensation Commisioner,

Insurance in terms of the provisions of the Compensation for Occupational Injuries and Diseases Act, Act 130 of 1993: with an insurance company, society or association licenced
under COIDA to an amount sufficient to satisfy any or all claims for compensation which such persons or their dependants may make under said Act.

In addition, all materials supplied and works undertaken in terms of this contract shall be fully and adequately insured by the contractor against any loss or damage from whatsoever cause,
for the period for which the contractor is responsible for the works (that is, until the works have been accepted by the employer as complete in all respects) .The contractor shall be obliged to
furnish the Employer with proof of such insurance as and when requested in writing by the Employe.

Clause 15.2
Delete Clause 15.2 in its entirety and replace with the following:

This warranty shall remain valid for six (6) months after the Works have been executed as required in terms of the Project Specification and Drawings, and have been accepted by the
Employer.

Clause 16.1
Delete Clause 16.1 in its entirety and replace with the following:


                                                                                          36
Payments will be made at 100% of the value of the Works executed and accepted and/or 80% goods (materials) delivered to site, as determined from time to time and as certified by the
Employer’s representative.

Clause 16.2
Delete Clause 16.2 in its entirety and replace with the following:

The Contractor may be permitted to submit interim claims for progress payment at the sole discretion of, and as agreed with, the Employer. The Contractor shall furnish the Employer with an
original tax invoice, clearly showing the amount due in respect of each and every claim for payment.

Clause 16.3
Delete Clause 16.3 in its entirety and replace with the following:
or
                                                                                     th                                                              rd        th
The Employer will pay on a monthly cycle, whereby invoices dated on or before the 20 of a particular month will typically be be paid between the 23 and 26 of the ensuing month. The
Employer reserves the right to withhold payment, however, if the Contractor has not complied with his her obligation to report in terms of the Project Specification.

Add the following new clause after Clause 16.4:

Clause 16.5
Notwithstanding any amount stated on the official order, the Contractor shall only be entitled to payment for actual work don e in terms of the Project Specification and Drawings, or any
additional work instructed in writing by the Employer. Any contingency sum included shall be for the sole use, and at the discretion, of the Employer, and shall be deducted in whole or in part
if not required.


Clause 21.1
Insert the following at the end of Clause 21.1:

The time for completion (delivery) of the Works shall be 8 (eight) calendar weeks from the date that the purchase order is received by the Vendor/Contractor, exclusive of the year-end
break and gazetted public holidays.

Clause 21.2
Delete Clause 21.2 in its entirety and replace with the following:

If at any time during the performance of the contract the Contractor or its sub-contractors should encounter conditions beyond their reasonable control which impede the timely delivery of the
Works, the Contractor shall promptly notify the Employer in writing of the facts of the delay, its cause(s) and its probable duration. As soon as practicable after receipt of the Contractor’s
notice, the Employer shall evaluate the situation, and may at his discretion extend the time for completion.

Where additional time is granted, the Employer shall also determine whether or not the Contractor is entitled to payment for additional costs in respect therof. The principle to be applied in
this regard, is that where the Employer or any of its agents are responsible for the delay, reasonable costs shall be paid. In respect of delays that were beyond the reasonable control of both
the Contractor and the Employer, additional time only (no costs) will be granted.

The Employer shall notify the Contractor in writing of his decision(s) in the above regard.

Clause 22.1
Delete the words ‘calculated on the delivered price of the delayed goods or unperformed services using the current prime interest rate calculated’, and replace with ‘of R500.00 per day’.

Clause 27.2
Delete Clause 27.2 in its entirety and replace with the following:

                                                                                         37
Should the parties fail to resolve any dispute by way of mutual consultation, either party shall be entitled to refer the mat ter 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, 56 of 2003 – Municipal Supply Chain Management
Regulations (Notice 868 of 2005). Such referral shall be done by either party giving written notice to the other of its intention to commence with mediation. No mediation may be commenced
unless such notice is given to the other party.

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 amicable settlement by mutual consultation, or the fact that any particula r evidence was given, or to any submission, statement or
admission made in the course of amicable settlement by mutual consultation or mediation.

Clause 28.1
Delete Clause 28.1 in its entirety and replace with the following clauses:

Clause 28.1
Without detracting from, and in addition to, any of the other indemnities in this contract, the Contractor shall be solely liable for and hereby indemnifies and holds harmless the Employer
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 property;

arising from, out of, or in connection with the performance by the Contractor in terms of this Contract, save to the extent caused by the gross negligence or wilful misconduct of the Employer.

Clause 28.2
The Contractor and/or its employees, agents, concessionaires, suppliers, sub-contractors or customers shall not have any claim of any nature against the Employer for any loss, damage,
injury or death which any of them may directly or indirectly suffer, whether or not such loss, damages, injury or death is caused through negligence of the Employer or its agents or
employees.

Clause 28.3
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 or not 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.

Clause 30
Add the following new clauses after Clause 30.1:

Clause 30.2
The Contractor, by completion of Returnable Schedule 8, hereby indemnifies the Employer in respect of the provisions of the Occupational Health and Safety Act, Act 85 of 1993, in
accordance with the Occupational Health and Safety Act.

Clause 30.3
The Contractor is to ensure compliance with the provisions of the OHAS Act & all relevant regulations, by all employees of the Contractor. The Contractor shall provide a suitable health and
safety plan appropriate for the contract.

Clause 30.4
The Contractor shall comply with all laws relating to wages and conditions generally governing the employment of labour in the Cape Town area.
                                                                                             38
ADDITIONAL CONDITIONS OF CONTRACT

The additional Conditions of Contract are:

Clause 36: Acceptance, Contract Commencement and Purchase Orders

The vendor’s offer will be accepted by the Employer when an official purchase order is issued to the vendor, who then becomes the Contractor in terms of this contract. 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
Employer shall only incur liability for payment in terms of this contract if a valid purchase order has been issued to the vendor.

Clause 37: Duties of the Contractor

The Contractor is to provide all labour, material, workmanship, machinery, and everything which is or may be necessary in and for the execution and entire completion of the contract in
accordance with the General Conditions of Contract, Project Specification and Drawings. Upon being issued the official purchase order by the Employer the Contractor shall commence with
the Works, and shall:

a)   Proceed continuously with due skill and diligence and appropriate physical resources;
b)   Be represented on site continuously during the execution of the works;
c)   Comply with all contract instructions issued by the Employer in good time;
d)   Provide temporary toilet facilities for his or her employees;
e)   Notify the Employer if compliance with any law requires a change or variation to the Works;
f)   Preserve boundary pegs, beacons and datum pegs; and should they become disturbed, have them replaced at his or her own expense;
g)   Bring the Works to completion within the time for completion specified in Clause 21.1 above, or any extended time as may be granted by the Employer in terms of Clause 21.2 above.

Clause 38: Contractor to Appoint a Competent Representative

The Contractor shall appoint a competent representative to administer and control the Works on site, and shall inform the Employer of the name of such representative. A contract instruction
given to the Contractor’s representative shall be deemed to be given to the Contractor.




                                                                                        39
ANNEX 1                      CITY OF CAPE TOWN
                                                                                        Project Labour Report
Project/Contract Name:                                                                                                       Budget: (tick one)             Capital                    Operating

Project/Contract Number:                                                                                                     WBS No./Cost Centre No.:

Contractor:                                                                                                                  Project/Contract Start Date:

Consultant: N/A                                                                                                              Project/Contract End Date:
                                                                                                                             Project/Contract Value
CLO Name: N/A                                                    CLO ID 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
Number                                                                                Targeted                                               Number of
                                                                                                 Daily      worked this       Disabled                                               Training Service
  of                  Name                 Surname               ID Number/DOB         Labour                                              training days          Course Name
                                                                                                 Rate         month             (Y/N)                                                    Provider
workers                                                                                 (Y/N)                                                this month
                                                                                                          (incl. training)
    1
    2
    3
    4
    5
    6
    7
    8
    9
   10
   11
   12
   13
              Totals for sheet

              Sheet                of



              Signatures

              Contractor:                                                                                        Date:

              Consultant/Project
              Manager:                                                                                           Date:



                                                                                                    40

				
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