CONTRACT DOCUMENT TENDER NO. 25G/2009/10

TENDER NO. 25G/2009/10

CONTRACT DOCUMENT

FOR THE

DESIGN, SUPPLY, DELIVERY, INSTALLATION,

TESTING, COMMISSIONING AND MAINTENANCE

OF THE IRT CONTROL CENTRE HARDWARE

AND SOFTWARE SYSTEMS

VOLUME 2A

(RETURNABLE DOCUMENT)

•

(OTHER DOCUMENTS FORMING PART OF TENDER AND CONTRACT ARE:

VOLUME 1 – FIDIC CONDITIONS OF CONTRACT FOR PLANT AND DESIGN-BUILD

VOLUME 2B – SCOPE OF WORK & DETAILED SPECIFICATIONS)

NOTE:

• The Form of Offer and Acceptance (C1.1) is on page 69 of this document

(see also Clause F.4.5 on page 15 )

The Preferencing Schedule (HDI Participation) is on page 52 of this document

E CHINNAPPEN

EXECUTIVE DIRECTOR: TRANSPORT, ROADS AND STORMWATER

CIVIC CENTRE,

HERTZOG BOULEVARD

CAPE TOWN

CITY OF CAPE TOWN

TRANSPORT ROADS & STORMWATER

CONTRACT NO. 25G/2009/10

DESIGN, SUPPLY, DELIVERY, INSTALLATION, TESTING, COMMISSIONING AND MAINTENANCE OF THE

IRT CONTROL CENTRE HARDWARE AND SOFTWARE SYSTEMS

General Tender Information

TENDER ADVERTISED : Friday, 17 July 2009

CLARIFICATION MEETING

VENUE FOR CLARIFICATION

MEETING

CLOSING DATE

:

:

:

10h00 – 12:00 on Monday, 27 July 2009

(See next page for map of venue)

Webber Wentzel   15th Floor, Convention

Tower, Heerengracht, Foreshore, Cape Town

Friday, 21 August 2009

CLOSING TIME :

CLOSING VENUE :

5 th Floor, Tower Block, Civic Centre,

12 Hertzog Boulevard, Cape Town.

TENDER BOX 58 : The Tender Document (which includes the Form of

Offer and Acceptance) completed in all respects, plus any additional supporting documentation required, must be submitted in a sealed envelope with the name and address of the tenderer, the tender No. and title, the tender box No. and the closing date indicated on the envelope. The sealed envelope must be inserted into the appropriate official tender box before closing time. Note that Volume 2 is a returnable document and that Volume 2A is not a returnable document.

BRIEF DESCRIPTION OF TENDER

: The Control System Contract forms an integral component of the IRT system, which will supply new scheduled bus services in the City of Cape Town.

The scope of this Contract comprises of the supply and installation of electronic hardware and software systems and a six-year management and maintenance function, providing:

• Fleet management – the installation of software to operate IT equipment installed on vehicles by bus manufacturers; the communication system between vehicles and the control centre; supply of HASTUS management package for scheduling of vehicles;

• Passenger information – electronic displays on vehicles and at stations that provide information to passengers about services;

• CCTV communications – CCTV cameras on board vehicles and on stations and their linkage to the control centre;

• Control Centre – installation of control centre hardware, communications systems and software.

General Tender Information

Reference No. 25G/2009/10 i


TRANSPORT ROADS AND STORMWATER

CONTRACT NO. 25G/2009/10



Structure of tender and contract documents

Volume 1 FIDIC Conditions of Contract for Plant and Design-Build First Edition 1999

Volume 2A

Volume 2B

Returnable tender documents

Non-returnable tender document: Scope of Work, Detailed Specifications & Site

Information

Contents (Volume 2A returnable document)

Number Heading Volume

The Tender

Part T1: Tendering procedures

T1.1 Tender Notice and Invitation to Tender

T1.2 Tender Data

Part T2: Returnable documents

T2.1 List of Returnable Documents

2A

2A

2A

2A

The Contract

Part C1: Agreements and Contract Data

C1.1 Form of Offer and Acceptance

C1.3

C1.4

Form of Performance Security - Demand Guarantee

Occupational Health and Safety Agreement

Part C2: Pricing data

C2.1 Pricing Instructions

C2.2 Bills/Schedules of Quantities

2A

2A

2A

2A

2A

2A

Contents (Volume 2B – non-returnable document)

Number Heading

Part C3: Scope of Work

C3.1 Description of the Works

C3.3 Installation of Works

C3.5 Training

Volume

2B

2B

2B

2B

2B

2B

Contents (Volume 2A and 2B)

Reference No. 25G/2009/10 ii

C3.8

C3.9

C3.10

C3.11

C3.12

C3.13

C3.14

C3.15

Detailed Specification: General

Detailed Specification: Onboard Systems

Detailed Specification: Control Centre

Detailed Specification: Smart Trunk Stations

Detailed Specification: Smart Feeder Station

Detailed Specification: Bus Depots

Detailed Specification: Station - Network Design

Detailed Specification: Communication

C3.17 Detailed Specification: Operations

C3.18 Glossary

Part C4: Site information

C4.1

C4.2

C4.4

C4.5

C4.6

Overview of System

The proposed IRT System (Phase 1)

Future Phases of the IRT System

The Business Structure Of The IRT System

ITS to be provided by Control Centre Contract

C4.7 Communication

Appendix A : City of Cape Tetra Radio Server Interface Specification

2B

2B

2B

2B

2B

2B

2B

2B

2B

2B

2B

2B

2B

2B

2B

2B

2B

2B

2B

2B

Contents (Volume 2A and 2B)

Reference No. 25G/2009/10 iii

DETAILED CONTENTS (VOLUME 2A)

General Tender Information

Structure of Tender and Contract documents

Detailed Contents (Volume 2A)

Detailed Contents (Volume 2B)

Standard Conditions of Tender

THE TENDER

PART T1: TENDERING PROCEDURES

T1.1 TENDER NOTICE AND INVITATION TO TENDER

PART T2: RETURNABLE DOCUMENTS

T2.1 LIST OF RETURNABLE DOCUMENTS

Schedule 1:

Schedule 2:

Schedule 3:

Schedule 4:

Schedule 5:

Compulsory Enterprise Questionnaire

Certificate of Authority for Joint Ventures

Schedule of Design Experience

Schedule of Implementation Experience

Costs of Staff and other resources from RSA and overseas

Schedule 7: Details of Experience of Key Professional Personnel

Schedule 8: Tenderer’s undertaking to employ Key professional Personnel

Schedule 9: Work Plan and Timelines

Schedule 10: Details of Tenderer’s Workshop Facilities

Schedule 11: Tax Clearance Certificate

Schedule 12: Bargaining Council Certificate

Schedule 13: Financial Statements for Contracts over R10 Million

Schedule 14: Particulars of Contracts awarded to Tenderer during past five years

Schedule 15: Confirmation of WCSD Registration

Schedule 16: Health and Safety Plan

Schedule 17: Declaration in terms of the Municipal Finance Management Act

Schedule 18: Certificate for Municipal Services and Payments to Service Provider

Schedule 19: Authorisation for the Deduction of Outstanding Amounts Owed to Council 49

Schedule 20: Record of Addenda to Tender Documents (Annex K) 50

Schedule 21: Deviations and Qualifications by Tenderer 51

44

45

46

47

48

33

38

39

40 v vii

Page

No. i ii iv

1

2

4

19

20

22

23

25

26

28

30

32

41

42

43

Detailed Contents (Volume 2A and 2B)

Reference No. 25G/2009/10 iv

Schedule 22: Preferencing Schedule (where preferences are granted in respect of HDI

Participation)

Schedule 23: Correspondence with Bus Manufacturers

Schedule 24: Technical Data Sheets

Schedule 25: Price Basis for Imported Equipment (see Part C2 Pricing Data)

THE CONTRACT

PART C1: AGREEMENTS AND CONTRACT DATA (VOLUME 2A)

C1.1 FORM OF OFFER AND ACCEPTANCE

Offer

Acceptance

General Conditions of Contract

Part 1: Contract Data completed by the Employer

Part 2: Contract Data completed by the Contractor

Additional Conditions of Contract

Employer’s Requirements referred to in Conditions of Contract

C1.3 FORM OF PERFORMANCE SECURITY – DEMAND GUARANTEE

Annexure

C1.4 OCCUPATIONAL HEALTH AND SAFETY AGREEMENT

Occupational Health and Safety Conditions

PART C2: PRICING DATA (VOLUME 2A)

Returnable Schedule 25: Price Basis for Imported Equipment

52

58

59

67

68

69

73

102

100

104

105

108

Declaration (In respect of completeness of Tender)


Reference No. 25G/2009/10 v

DETAILED CONTENTS (VOLUME 2B)

PART C3: SCOPE OF WORK

PART C4: SITE INFORMATION

PART C3: SCOPE OF WORK (VOLUME 2B)



C3.4 Testing and Commissioning

C3.5 Training

C3.6 Project Management

C3.7 Maintenance, Upgrades and Warranties

C3.8 Detailed Specifications: General

C3.9 Detailed Specifications: Onboard Systems

C3.10 Detailed Specifications: Control Centre

C3.11 Detailed Specifications: Smart Trunk Station

C3.12 Detailed Specifications: Smart Feeder Station

C3.13 Detailed Specifications: Bus Depots

C3.14 Detailed Specifications: Station Network Design

C3.14 Detailed Specifications: Communication

C3.15 Detailed Specifications: Maintenance

C3.16 Detailed Specifications: Operations

C3.17 Glossary

PART C4: SITE INFORMATION (VOLUME 2B)

C4.2 The proposed IRT System (Phase 1)

C4.4 Future Phases of the IRT System

C4.5 Description of Business Model

C4.6 ITS to be provided by Control Centre Contract

C4.7 Communication


Reference No. 25G/2009/10 vi

Page

No.

66

68

69

73

28

42

60

64

81

82

18

21

22

24

1

5

12

14

107

86

87



CONTRACT NO. 25G/2009/10

DESIGN, SUPPLY, DELIVERY, INSTALLATION, TESTING, COMMISSIONING AND MAINTENANCE OF IRT

CONTROL CENTRE INSTALLATION AND MAINTENANCE

Standard Conditions of Tender

The Standard Conditions of Tender are contained in Annex F of Board Notice 12 of 2009 in Government Gazette

No. 31823 of 30 January 2009, Construction Industry Development Board (CIDB) Standard for Uniformity in

Construction Procurement (see www.cidb.org.za

), and are reproduced without amendment or alteration for the convenience of tenderers as an Annex attached hereto.

The following Annex is attached hereto :

Annex F Page

(Normative)

No.


F.1 General obligations

F.3 The viii x xii

Tender Data

The Tenderer’s attention is drawn to the tender data in Part T1.2 Tender Data for details that apply specifically to this tender.


Reference No. 25G/2009/10 vii

Annex F

(normative)


F.1 General

F.1.1 Actions

F.1.1.1 The employer and each tenderer submitting a tender offer shall comply with these conditions of tender. In their dealings with each other, they shall discharge their duties and obligations as set out in F.2 and F.3, timeously and with integrity, and behave equitably, honestly and transparently, comply with all legal obligations and not engage in anticompetitive practices.

F.1.1.2 The employer and the tenderer and all their agents and employees involved in the tender process shall avoid conflicts of interest and where a conflict of interest is perceived or known, declare any such conflict of interest, indicating the nature of such conflict. Tenderers shall declare any potential conflict of interest in their tender submissions. Employees, agents and advisors of the employer shall declare any conflict of interest to whoever is responsible for overseeing the procurement process at the start of any deliberations relating to the procurement process or as soon as they become aware of such conflict, and abstain from any decisions where such conflict exists or recuse themselves from the procurement process, as appropriate.

Note: 1) A conflict of interest may arise due to a conflict of roles which might provide an incentive for improper acts in some circumstances. A conflict of interest can create an appearance of impropriety that can undermine confidence in the ability of that person to act properly in his or her position even if no improper acts result.

2) Conflicts of interest in respect of those engaged in the procurement process include direct, indirect or family interests in the tender or outcome of the procurement process and any personal bias, inclination, obligation, allegiance or loyalty which would in any way affect any decisions taken.

F.1.1.3 The employer shall not seek and a tenderer shall not submit a tender without having a firm intention and the capacity to proceed with the contract.

F.1.2 Tender Documents

The documents issued by the employer for the purpose of a tender offer are listed in the tender data.

F.1.3 Interpretation

F.1.3.1

The tender data and additional requirements contained in the tender schedules that are included in the returnable documents are deemed to be part of these conditions of tender.

F.1.3.2

These conditions of tender, the tender data and tender schedules which are only required for tender evaluation purposes, shall not form part of any contract arising from the invitation to tender.

F.1.3.3 For the purposes of these conditions of tender, the following definitions apply: a) conflict of interest means any situation in which: i) someone in a position of trust has competing professional or personal interests which make it difficult to fulfill his or her duties impartially; ii) an individual or organisation is in a position to exploit a professional or official capacity in some way for their personal or corporate benefit; or iii) incompatibility or contradictory interests exist between an employee and the organisation which b) employs that employee.

comparative means the tenderer’s financial offer after all tendered parameters that will affect the value of the financial offer have been taken into consideration in order to enable comparisons to be c) made between offers on a comparative basis practice offering, giving, receiving or soliciting of anything of value to influence the action of the employer or his staff or agents in the tender process; and d) fraudulent practice means the misrepresentation of the facts in order to influence the tender process or the award of a contract arising from a tender offer to the detriment of the employer, including collusive practices intended to establish prices at artificial levels e) organization or not, or a public body f) quality means the totality of features and characteristics of a product or service that bear on its ability to satisfy stated or implied needs.

Annex F

Reference No. 25G/2009/10 viii

F.1.4 Communication and employer’s agent

Each communication between the employer and a tenderer shall be to or from the employer's agent only, and in a form that can be readily read, copied and recorded. Communication shall be in the English language. The employer shall not take any responsibility for non-receipt of communications from or by a tenderer. The name and contact details of the employer’s agent are stated in the tender data.

F.1.5 The employer’s right to accept or reject any tender offer

F.1.5.1

The employer may accept or reject any variation, deviation, tender offer, or alternative tender offer, and may cancel the tender process and reject all tender offers at any time before the formation of a contract. The employer shall not accept or incur any liability to a tenderer for such cancellation and rejection, but will give written reasons for such action upon written request to do so.

F.1.5.2

The employer may not subsequent to the cancellation or abandonment of a tender process or the rejection of all responsive tender offers re-issue a tender covering substantially the same scope of work within a period of six months unless only one tender was received and such tender was returned unopened to the tenderer.

F.1.6 Procurement

F.1.6.1 General

Unless otherwise stated in the tender data, a contract will, subject to F.3.13, be concluded with the tenderer who in terms of F.3.11 is the highest ranked or the tenderer scoring the highest number of tender evaluation points, as relevant, based on the tender submissions that are received at the closing time for tenders.

F.1.6.2.1 Where the tender data require that the competitive negotiation procedure is to be followed, tenderers shall submit tender offers in response to the proposed contract in the first round of submissions. Notwithstanding the requirements of F.3.4, the employer shall announce only the names of the tenderers who make a submission.

The requirements of F.3.8 relating to the material deviations or qualifications which affect the competitive position of tenderers shall not apply.

F.1.6.2.2 All responsive tenderers, or not less than three responsive tenderers that are highest ranked in terms of the evaluation method and evaluation criteria stated in the tender data, shall be invited in each round to enter into competitive negotiations, based on the principle of equal treatment and keeping confidential the proposed solutions and associated information. Notwithstanding the provisions of F.2.17, the employer may request that tenders be clarified, specified and fine-tuned in order to improve a tenderer's competitive position provided that such clarification, specification, fine-tuning or additional information does not alter any fundamental aspects of the offers or impose substantial new requirements which restrict or distort competition or have a discriminatory effect.

F.1.6.2.3

At the conclusion of each round of negotiations, tenderers shall be invited by the employer to make a fresh tender offer, based on the same evaluation criteria, with or without adjusted weightings. Tenderers shall be advised when they are to submit their best and final offer.

F.1.6.2.4 The contract shall be awarded in accordance with the provisions of F.3.11 and F.3.13 after tenderers have been requested to submit their best and final offer.

F.1.6.3 Proposal procedure using the two stage-system

F.1.6.3.1 Option 1

Tenderers shall in the first stage submit technical proposals and, if required, cost parameters around which a contract may be negotiated. The employer shall evaluate each responsive submission in terms of the method of evaluation stated in the tender data, and in the second stage negotiate a contract with the tenderer scoring the highest number of evaluation points and award the contract in terms of these conditions of tender.

F.1.6.3.2 Option 2

F.1.6.3.2.1 Tenderers shall submit in the first stage only technical proposals. The employer shall invite all responsive tenderers to submit tender offers in the second stage, following the issuing of procurement documents.

F.1.6.3.2.2 The employer shall evaluate tenders received during the second stage in terms of the method of evaluation stated in the tender data, and award the contract in terms of these conditions of tender.

Annex F

Reference No. 25G/2009/10 ix

F.2 Tenderer’s obligations

F.2.1 Eligibility

F.2.1.1

Submit a tender offer only if the tenderer satisfies the criteria stated in the tender data and the tenderer, or any of his principals, is not under any restriction to do business with employer.

F.2.1.2 Notify the employer of any proposed material change in the capabilities or formation of the tendering entity

(or both) or any other criteria which formed part of the qualifying requirements used by the employer as the basis in a prior process to invite the tenderer to submit a tender offer and obtain the employer's written approval to do so prior to the closing time for tenders.

F.2.2 Cost of tendering

Accept that, unless otherwise stated in the tender data, the employer will not compensate the tenderer for any costs incurred in the preparation and submission of a tender offer, including the costs of any testing necessary to demonstrate that aspects of the offer complies with requirements.

F.2.3 Check documents

Check the tender documents on receipt for completeness and notify the employer of any discrepancy or omission.

F.2.4 Confidentiality and copyright of documents

Treat as confidential all matters arising in connection with the tender. Use and copy the documents issued by the employer only for the purpose of preparing and submitting a tender offer in response to the invitation.

F.2.5 Reference documents

Obtain, as necessary for submitting a tender offer, copies of the latest versions of standards, specifications, conditions of contract and other publications, which are not attached but which are incorporated into the tender documents by reference.

F.2.6 Acknowledge addenda

Acknowledge receipt of addenda to the tender documents, which the employer may issue, and if necessary apply for an extension to the closing time stated in the tender data, in order to take the addenda into account.

F.2.7 Clarification meeting

Attend, where required, a clarification meeting at which tenderers may familiarize themselves with aspects of the proposed work, services or supply and raise questions. Details of the meeting(s) are stated in the tender data.

F.2.8 Seek clarification

Request clarification of the tender documents, if necessary, by notifying the employer at least five working days before the closing time stated in the tender data.

F.2.9 Insurance

Be aware that the extent of insurance to be provided by the employer (if any) might not be for the full cover required in terms of the conditions of contract identified in the contract data. The tenderer is advised to seek qualified advice regarding insurance.

F.2.10 Pricing the tender offer

F.2.10.1

Include in the rates, prices, and the tendered total of the prices (if any) all duties, taxes (except Value

Added Tax (VAT), and other levies payable by the successful tenderer, such duties, taxes and levies being those applicable 14 days before the closing time stated in the tender data.

F.2.10.2

Show VAT payable by the employer separately as an addition to the tendered total of the prices.

F.2.10.3

Provide rates and prices that are fixed for the duration of the contract and not subject to adjustment except as provided for in the conditions of contract identified in the contract data.

F.2.10.4

State the rates and prices in Rand unless instructed otherwise in the tender data. The conditions of contract identified in the contract data may provide for part payment in other currencies.

Annex F

Reference No. 25G/2009/10 x

F.2.11 Alterations to documents

Do not make any alterations or additions to the tender documents, except to comply with instructions issued by the employer, or necessary to correct errors made by the tenderer. All signatories to the tender offer shall initial all such alterations. Erasures and the use of masking fluid are prohibited.

F.2.12 Alternative tender offers

F.2.12.1

Unless otherwise stated in the tender data submit alternative tender offers only if a main tender offer, strictly in accordance with all the requirements of the tender documents, is also submitted. The alternative tender offer is to be submitted with the main tender offer together with a schedule that compares the requirements of the tender documents with the alternative requirements the tenderer proposes.

F.2.12.2

Accept that an alternative tender offer may be based only on the criteria stated in the tender data or criteria otherwise acceptable to the employer.

F.2.13 Submitting a tender offer

F.2.13.1

Submit one tender offer only, either as a single tendering entity or as a member in a joint venture to provide the whole of the works, services or supply identified in the contract data and described in the scope of works, unless stated otherwise in the tender data.

F.2.13.2

Return all returnable documents to the employer after completing them in their entirety, either electronically (if they were issued in electronic format) or by writing legibly in non-erasable ink.

F.2.13.3

Submit the parts of the tender offer communicated on paper as an original plus the number of copies stated in the tender data, with an English translation of any documentation in a language other than English, and the parts communicated electronically in the same format as they were issued by the employer.

F.2.13.4

Sign the original and all copies of the tender offer where required in terms of the tender data. The employer will hold all authorized signatories liable on behalf of the tenderer. Signatories for tenderers proposing to contract as joint ventures shall state which of the signatories is the lead partner whom the employer shall hold liable for the purpose of the tender offer.

F.2.13.5

Seal the original and each copy of the tender offer as separate packages marking the packages as

"ORIGINAL" and "COPY". Each package shall state on the outside the employer's address and identification details stated in the tender data, as well as the tenderer's name and contact address.

F.2.13.6

Where a two-envelope system is required in terms of the tender data, place and seal the returnable documents listed in the tender data in an envelope marked “financial proposal” and place the remaining returnable documents in an envelope marked “technical proposal”. Each envelope shall state on the outside the employer’s address and identification details stated in the tender data, as well as the tenderer's name and contact address.

F.2.13.7

Seal the original tender offer and copy packages together in an outer package that states on the outside only the employer's address and identification details as stated in the tender data.

F.2.13.8

Accept that the employer shall not assume any responsibility for the misplacement or premature opening of the tender offer if the outer package is not sealed and marked as stated.

F.2.13.9 Accept that tender offers submitted by facsimile or e-mail will be rejected by the employer, unless stated otherwise in the tender data.

F.2.14 Information and data to be completed in all respects

Accept that tender offers, which do not provide all the data or information requested completely and in the form required, may be regarded by the employer as non-responsive.

F.2.15 Closing time

F.2.15.1 Ensure that the employer receives the tender offer at the address specified in the tender data not later than the closing time stated in the tender data. Accept that proof of posting shall not be accepted as proof of delivery.

F.2.15.2

Accept that, if the employer extends the closing time stated in the tender data for any reason, the requirements of these conditions of tender apply equally to the extended deadline.

Annex F

Reference No. 25G/2009/10 xi

F.2.16 Tender offer validity

F.2.16.1

Hold the tender offer(s) valid for acceptance by the employer at any time during the validity period stated in the tender data after the closing time stated in the tender data.

F.2.16.2

If requested by the employer, consider extending the validity period stated in the tender data for an agreed additional period with or without any conditions attached to such extension.

F.2.16.3

Accept that a tender submission that has been submitted to the employer may only be withdrawn or substituted by giving the employer's agent written notice before the closing time for tenders that a tender is to be withdrawn or substituted.

F.2.16.4 Where a tender submission is to be substituted, submit a substitute tender in accordance with the requirements of F.2.13 with the packages clearly marked as "SUBSTITUTE".

F.2.17 Clarification of tender offer after submission

Provide clarification of a tender offer in response to a request to do so from the employer during the evaluation of tender offers. This may include providing a breakdown of rates or prices and correction of arithmetical errors by the adjustment of certain rates or item prices (or both). No change in the competitive position of tenderers or substance of the tender offer is sought, offered, or permitted.

Note: Sub-clause F.2.17 does not preclude the negotiation of the final terms of the contract with a preferred tenderer following a competitive selection process, should the Employer elect to do so.

F.2.18 Provide other material

F.2.18.1

Provide, on request by the employer, any other material that has a bearing on the tender offer, the tenderer’s commercial position (including notarized joint venture agreements), preferencing arrangements, or samples of materials, considered necessary by the employer for the purpose of a full and fair risk assessment.

Should the tenderer not provide the material, or a satisfactory reason as to why it cannot be provided, by the time for submission stated in the employer’s request, the employer may regard the tender offer as non-responsive.

F.2.18.2

Dispose of samples of materials provided for evaluation by the employer, where required.

F.2.19 Inspections, tests and analysis

Provide access during working hours to premises for inspections, tests and analysis as provided for in the tender data.

F.2.20 Submit securities, bonds, policies, etc.

If requested, submit for the employer’s acceptance before formation of the contract, all securities, bonds, guarantees, policies and certificates of insurance required in terms of the conditions of contract identified in the contract data.

F.2.21 Check final draft

Check the final draft of the contract provided by the employer within the time available for the employer to issue the contract.

F.2.22 Return of other tender documents

If so instructed by the employer, return all retained tender documents within 28 days after the expiry of the validity period stated in the tender data.

F.2.23 Certificates

Include in the tender submission or provide the employer with any certificates as stated in the tender data.

F.3 The Employer’s undertakings

F.3.1 Respond to requests from the tenderer

F.3.1.1

Unless otherwise stated in the Tender Data, respond to a request for clarification received up to five working days before the tender closing time stated in the Tender Data and notify all tenderers who drew procurement documents.

Annex F

Reference No. 25G/2009/10 xii

F.3.1.2

Consider any request to make a material change in the capabilities or formation of the tendering entity (or both) or any other criteria which formed part of the qualifying requirements used to prequalify a tenderer to submit a tender offer in terms of a previous procurement process and deny any such request if as a consequence: a) an individual firm, or a joint venture as a whole, or any individual member of the joint venture fails to meet any of the collective or individual qualifying requirements; b) the new partners to a joint venture were not prequalified in the first instance, either as individual firms or as another joint venture; or c) in the opinion of the Employer, acceptance of the material change would compromise the outcome of the prequalification process.

F.3.2 Issue Addenda

If necessary, issue addenda that may amend or amplify the tender documents to each tenderer during the period from the date the tender documents are available until three working days before the tender closing time stated in the Tender Data. If, as a result a tenderer applies for an extension to the closing time stated in the Tender Data, the Employer may grant such extension and, shall then notify all tenderers who drew documents.

F.3.3 Return late tender offers

Return tender offers received after the closing time stated in the Tender Data, unopened, (unless it is necessary to open a tender submission to obtain a forwarding address), to the tenderer concerned.

F.3.4 Opening of tender submissions

F.3.4.1

Unless the two-envelope system is to be followed, open valid tender submissions in the presence of tenderers’ agents who choose to attend at the time and place stated in the tender data. Tender submissions for which acceptable reasons for withdrawal have been submitted will not be opened.

F.3.4.2 Announce at the meeting held immediately after the opening of tender submissions, at a venue indicated in the tender data, the name of each tenderer whose tender offer is opened and, where applicable, the total of his prices, preferences claimed and time for completion for the main tender offer only.

F.3.4.3

Make available the record outlined in F.3.4.2 to all interested persons upon request.

F.3.5

Two-envelope system

F.3.5.1

Where stated in the tender data that a two-envelope system is to be followed, open only the technical proposal of valid tenders in the presence of tenderers’ agents who choose to attend at the time and place stated in the tender data and announce the name of each tenderer whose technical proposal is opened.

F.3.5.2

Evaluate the quality of the technical proposals offered by tenderers, then advise tenderers who remain in contention for the award of the contract of the time and place when the financial proposals will be opened. Open only the financial proposals of tenderers, who score in the quality evaluation more than the minimum number of points for quality stated in the tender data, and announce the score obtained for the technical proposals and the total price and any preferences claimed. Return unopened financial proposals to tenderers whose technical proposals failed to achieve the minimum number of points for quality.

F.3.6 Non-disclosure

Not disclose to tenderers, or to any other person not officially concerned with such processes, information relating to the evaluation and comparison of tender offers, the final evaluation price and recommendations for the award of a contract, until after the award of the contract to the successful tenderer.

F.3.7 Grounds for rejection and disqualification

Determine whether there has been any effort by a tenderer to influence the processing of tender offers and instantly disqualify a tenderer (and his tender offer) if it is established that he engaged in corrupt or fraudulent practices.

F.3.8 Test for responsiveness

F.3.8.1 Determine, after opening and before detailed evaluation, whether each tender offer properly received: a) Complies with the requirements of these Conditions of Tender, b) has been properly and fully completed and signed, and c) is responsive to the other requirements of the tender documents.

Annex F

Reference No. 25G/2009/10 xiii

F.3.8.2

A responsive tender is one that conforms to all the terms, conditions, and specifications of the tender documents without material deviation or qualification. A material deviation or qualification is one which, in the

Employer's opinion, would: a) detrimentally affect the scope, quality, or performance of the works, services or supply identified in the Scope of Work, b) significantly change the Employer's or the tenderer's risks and responsibilities under the contract, or c) affect the competitive position of other tenderers presenting responsive tenders, if it were to be rectified.

Reject a non-responsive tender offer, and not allow it to be subsequently made responsive by correction or withdrawal of the non-conforming deviation or reservation.

F.3.9 Arithmetical errors, omissions and discrepancies

F.3.9.1 Check responsive tenders for discrepancies between amounts in words and amounts in figures. Where there is a discrepancy between the amounts in figures and the amount in words, the amount in words shall govern.

F.3.9.2 Check the highest ranked tender or tenderer with the highest number of tender evaluation points after the evaluation of tender offers in accordance with F.3.11 for: a) b) c) the gross misplacement of the decimal point in any unit rate; omissions made in completing the pricing schedule or bills of quantities; or arithmetic errors in: i) line item totals resulting from the product of a unit rate and a quantity in bills of quantities or schedules of prices; or ii) the summation of the prices.

F.3.9.3 Notify the tenderer of all errors or omissions that are identified in the tender offer and either confirm the tender offer as tendered or accept the corrected total of prices.

F.3.9.4 Where the tenderer elects to confirm the tender offer as tendered, correct the errors as follows: a) If bills of quantities or pricing schedules apply and there is an error in the line item total resulting from the product of the unit rate and the quantity, the line item total shall govern and the rate shall be b) corrected. Where there is an obviously gross misplacement of the decimal point in the unit rate, the line item total as quoted shall govern, and the unit rate shall be corrected.

Where there is an error in the total of the prices either as a result of other corrections required by this checking process or in the tenderer's addition of prices, the total of the prices shall govern and the tenderer will be asked to revise selected item prices (and their rates if bills of quantities apply) to achieve the tendered total of the prices.

F.3.10 Clarification of a tender offer

Obtain clarification from a tenderer on any matter that could give rise to ambiguity in a contract arising from the tender offer.

F.3.11 Evaluation of tender offers

F.3.11.1 General

Appoint an evaluation panel of not less than three persons. Reduce each responsive tender offer to a comparative offer and evaluate them using the tender evaluation methods and associated evaluation criteria and weightings that are specified in the tender data.

F.3.11.2 Method 1: Financial offer

In the case of a financial offer: a) b)

Rank tender offers from the most favourable to the least favourable comparative offer.

Recommend the highest ranked tenderer for the award of the contract, unless there are compelling and c) justifiable reasons not to do so.

Re-rank all tenderers should there be compelling and justifiable reasons not to recommend the highest ranked tenderer and recommend the highest ranked tenderer, unless there are compelling and justifiable reasons not to do so and the process set out in this subclause is repeated.

F.3.11.3 Method 2: Financial offer and preference

In the case of a financial offer and preferences:

Annex F

Reference No. 25G/2009/10 xiv

a) b)

Score each tender in respect of the financial offer made and preferences claimed, if any, in accordance with the provisions of F.3.11.7 and F.3.11.8.

Calculate the total number of tender evaluation points

(T

EV

) in accordance with the following formula: c) d) e)

T

EV

= N

FO

+ N

P where: N

FO is the number of tender evaluation points awarded for the financial offer made in accordance with F.3.11.7;

N

P

is the number of tender evaluation points awarded for preferences claimed in accordance with F.3.11.8.

Rank tender offers from the highest number of tender evaluation points to the lowest.

Recommend the tenderer with the highest number of tender evaluation points for the award of the contract, unless there are compelling and justifiable reasons not to do so.

Rescore and re-rank all tenderers should there be compelling and justifiable reasons not to recommend the tenderer with the highest number of tender evaluation points, and recommend the tenderer with the highest number of tender evaluation points, unless there are compelling and justifiable reasons not to do so and the process set out in this subclause is repeated.

F.3.11.4 Method 3: Financial offer and quality

In the case of a financial offer and quality: a) b)

Score each tender in respect of the financial offer made and the quality offered in accordance with the provisions of F.3.11.7 and F.3.11.9, rejecting all tender offers that fail to score the minimum number of points for quality stated in the tender data, if any.

Calculate the total number of tender evaluation points (T

EV

) in accordance with the following formula:

T

EV

= N

FO

+ N

Q where: N


N

Q is the number of tender evaluation points awarded for quality offered in accordance with

F.3.11.9. c) d) e) c) d) e)


Recommend tenderer with the highest number of tender evaluation points for the award of the contract, unless there are compelling and justifiable reasons not to do so.

Rescore and re-rank all tenderers should there be compelling and justifiable reasons not to recommend the tenderer with the highest number of tender evaluation points and recommend the tenderer with the highest number of tender evaluation points, unless there are compelling and justifiable reasons not to do so and the process set out in this subclause is repeated.

F.3.11.5 Method 4: Financial offer, quality and preferences

In the case of a financial offer, quality and preferences: a) Score each tender in respect of the financial offer made, preference claimed, if any, and the quality offered in accordance with the provisions of F.3.11.7 to F.3.11.9, rejecting all tender offers that fail to b) score the minimum number of points for quality stated in the tender data, if any.

Calculate the total number of tender evaluation points (T

Ev unless otherwise stated in the Tender Data:

) in accordance with the following formula,

T

EV

= N

FO

+ N

P +

N

Q where: N


N p is the number of tender evaluation points awarded for preferences claimed in accordance with F.3.11.8;

N

Q

is the number of tender evaluation points awarded for quality offered in accordance with

F.3.11.9.


Recommend the tenderer with the highest number of tender evaluation points for the award of the contract, unless there are compelling and justifiable reasons not to do so.

Rescore and re-rank all tenderers should there be compelling and justifiable reasons not to recommend the tenderer with the highest number of tender evaluation points and recommend the tenderer with the highest number of tender evaluation points, unless there are compelling and justifiable reasons not to do so and the process set out in this subclause is repeated.

Annex F

Reference No. 25G/2009/10 xv

F.3.11.6 Decimal places

Score financial offers, preferences and quality, as relevant, to two decimal places.

F.3.11.7 Scoring Financial Offers

Score the financial offers of remaining responsive tender offers using the following formula:

N

FO

= W

1

x A where:

N

FO is the number of tender evaluation points awarded for the financial offer. is the maximum possible number of tender evaluation points awarded for the financial W

1 offer as stated in the Tender Data.

A is a number calculated using the formula and option described in Table F.l as stated in the

Tender Data.

Table F.1: Formulae for calculating the value of A

Formula

1

Comparison aimed at achieving

Highest price or discount

Option 1 a

A = P/Pm A = (1 + (P - Pm))

Pm

2 A = Pm/P commission/ fee Pm a

Pm is the comparative offer of the most favourable comparative offer.

P is the comparative offer of the tender offer under consideration.

F.3.11.8 Scoring preferences

Confirm that tenderers are eligible for the preferences claimed in accordance with the provisions of the tender data and reject all claims for preferences where tenderers are not eligible for such preferences.

Calculate the total number of tender evaluation points for preferences claimed in accordance with the provisions of the tender data.

F.3.11.9 Scoring quality

Score each of the criteria and subcriteria for quality in accordance with the provisions of the Tender Data.

Calculate the total number of tender evaluation points for quality using the following formula:

N

Q

= W

2

x S

O

/M

S where:

S

O is the score for quality allocated to the submission under consideration;

M s

is the maximum possible score for quality in respect of a submission; and

W

2 is the maximum possible number of tender evaluation points awarded for the quality as stated in the tender data.

F.3.12 Insurance provided by the employer

If requested by the proposed successful tenderer, submit for the tenderer's information the policies and/or certificates of insurance which the conditions of contract identified in the contract data, require the employer to provide.

F.3.13 Acceptance of tender offer

Accept the tender offer, if in the opinion of the employer, it does not present any unacceptable commercial risk and only if the tenderer: a) is not under restrictions, or has principals who are under restrictions, preventing participating in the employer's procurement,

Annex F

Reference No. 25G/2009/10 xvi

b) c) d) can, as necessary and in relation to the proposed contract, demonstrate that he or she possesses the professional and technical qualifications, professional and technical competence, financial resources, equipment and other physical facilities, managerial capability, reliability, experience and reputation, expertise and the personnel, to perform the contract, has the legal capacity to enter into the contract, is not insolvent, in receivership, bankrupt or being wound up, has his affairs administered by a court or a judicial officer, has suspended his business activities, or is subject to legal proceedings in respect of any of the foregoing, complies with the legal requirements, if any, stated in the tender data, and is able, in the opinion of the employer, to perform the contract free of conflicts of interest. e) f)

F.3.14 Prepare contract documents

F.3.14.1

If necessary, revise documents that shall form part of the contract and that were issued by the employer as part of the tender documents to take account of: a) addenda issued during the tender period, b) inclusion of some of the returnable documents, c) other revisions agreed between the employer and the successful tenderer.

F.3.14.2

Complete the schedule of deviations attached to the form of offer and acceptance, if any.

F.3.15 Complete adjudicator's contract

Unless alternative arrangements have been agreed or otherwise provided for in the contract, arrange for both parties to complete formalities for appointing the selected adjudicator at the same time as the main contract is signed.

F.3.16 Notice to unsuccessful tenderers

F.3.16.1 Notify the successful tenderer of the employer’s acceptance of his tender offer by completing and returning one copy of the form of offer and acceptance before the expiry of the validity period stated in the tender data, or agreed additional period.

F.3.16.2

After the successful tenderer has been notified of the employer’s acceptance of the tender, notify other tenderers that their tender offers have not been accepted.

F.3.17 Provide copies of the contracts

Provide to the successful tenderer the number of copies stated in the Tender Data of the signed copy of the contract as soon as possible after completion and signing of the form of offer and acceptance.

F.3.18 Provide written reasons for actions taken

Provide upon request written reasons to tenderers for any action that is taken in applying these conditions of tender, but withhold information which is not in the public interest to be divulged, which is considered to prejudice the legitimate commercial interests of tenderers or might prejudice fair competition between tenderers.

Annex F

Reference No. 25G/2009/10 xvii


Pages

T1.1 Tender Notice and Invitation to Tender.................................................. 2

T1.2 Tender Data ........................................................................................4 – 18


Reference No. 25G/2009/10

T1

Tendering procedures



CONTRACT NO. 25G/2009/10



T1.1 Tender Notice and Invitation to Tender

The


,


, invites tenders for

TENDER NO.

25G/2009/10: DESIGN, SUPPLY, DELIVERY, INSTALLATION, TESTING, COMMISSIONING AND

MAINTENANCE OF THE IRT CONTROL CENTRE HARDWARE AND SOFTWARE SYSTEMS

Tenderers must be registered on the Western City of Cape Town’s SAP Vender Database.

Tenderers who are not registered on the City of CapeTown’s Database are not precluded from submitting tenders, but must be registered prior to the evaluation of tenders in order for their tenders to be responsive.

Preferences are offered to tenderers who tender a contract participation goal in respect of Historically

Disadvantaged Individuals (HDI) Participation.

The physical address for collection of tender documents is:

Tender Office, 5 th Floor, Tower Block, Civic Centre, 12 Hertzog Boulevard, Cape Town.

Documents may be collected during working hours between 08:30 – 13:00 and 14:00 – 16:00 from Friday, 17

July 2009.

A non-refundable tender deposit of R100.00 payable by crossed cheque made out in favour of the City of Cape

Town, is required on collection of the tender documents.

Queries relating to the issue of these documents may be addressed to Mr Alan Mark van Heerden, Tel No. (021)

400 2505, Fax No. 021 419 7659, email Alan.vanHeerden@capetown.gov.za.

A non-compulsory

clarification meeting with representatives of the Employer will take place at the offices of

Webber Wentzel   15th Floor, Convention Tower, Heerengracht, Foreshore, Cape Town on Monday, 27 July 2009 starting at 10:00.

The closing time for receipt of tenders is

10:00

on

Friday 21 August 2009.

Telegraphic, telephonic, telex, facsimile, e-mail and late tenders will not be accepted.

Tenders may only be submitted on the tender documentation that has been issued.

Requirements for sealing, addressing, delivery, opening and assessment of tenders are stated in the Tender

Data.



T1.1

Tender Notice and Invitation to Tender



CONTRACT NO. 25G/2009/10



Venue for Clarification Meeting to be held at 10:00 on 27 July 2009

Address: Webber Wentzel   15th Floor, Convention Tower, Heerengracht, Foreshore, Cape Town, 8001   P O Box

3667, Cape Town, 8000. Phone: +27 21 431 7000.

Parking will be made available for tenderers in the Convention Centre's Parking Area 3. Those tenderers who wish to make use of the provided parking facilities, should access Convention Tower through Parking Area 3 of the Convention Centre.



T1.2

Tender Data



CONTRACT NO. 25G/2009/10



T1.2 Tender Data

The conditions of tender are the Standard Conditions of Tender as contained in Annex F of Board Notice 12 of

2009 in Government Gazette No. 31823 of 30 January 2009, Construction Industry Development Board (CIDB)

Standard for Uniformity in Construction Procurement (see www.cidb.org.za

), which are reproduced without amendment or alteration for the convenience of tenderers as an Annex to this Tender Document attached to page viii.

The Standard Conditions of Tender make several references to the Tender Data for details that apply specifically to this tender. The Tender Data shall have precedence in the interpretation of any ambiguity or inconsistency between it and the standard conditions of tender. Each item of data given below is cross-referenced to the clause in the Standard Conditions of Tender to which it mainly applies.

The following variations, amendments and additions to the Standard Conditions of Tender as set out in the Tender Data below shall apply to this tender: number

F.1 General

F.1.1 Actions

Add the following:

For the purpose of the tender adjudication and award of the contract the Employer is the City of

Cape Town, represented by the Executive Director: Transport Roads and Stormwater.

The City of Cape Town is in the process of establishing the Cape Town Public Transport Entity , a municipal entity established in terms of the Municipal Systems Act, Act 32 of 2000, to undertake the administration of public transport services on its behalf in the City of Cape Town. On the establishment of the Cape Town Public Transport Entity it will take over the responsibilities of

Employer in terms of this contract independently of the City of Cape Town through a cession of the contract from the City of Cape Town to the Cape Town Public Transport Entity.

If on the date of award of the contract the Cape Town Public Transport Entity is already legally constituted and has the capacity to do so it will act as the Employer and will conclude the agreement with the successful tenderer. It will thereafter perform duties as the Employer.

F.1.2 Tender Documents


“The following documents form part of this tender:

VOLUME 1:

The Conditions of Contract for Plant and Design-Build for Electrical and

Mechanical Works and for Building and Engineering Works Designed by the

Contractor, First Edition 1999 (Yellow Book), available separately from the

International Federation of Consulting Engineers (FIDIC).

This publication is available and tenderers must obtain copies at their own cost from the South African Institution of Civil Engineering (SAICE) (tel 011 805 5947) or the South African Association of Consulting Engineers (SAACE) (tel

011 463 2022).

Volume 1 may also be inspected, by appointment, at the offices of the Employer/Employer’s Agent during normal office hours.

The tender documents issued by the Employer comprise:

VOLUME 2A:

The returnable portion of the Tender Document (this document), in which is bound:



T1.2

Tender Data

The Tender


T1.1 Tender notice and invitation to tender

T1.2 Tender data

Part T2: Returnable Documents

T2.1 List of returnable documents

T2.2 Returnable schedules

The Contract


C1.1 Form of offer and acceptance

C1.2 Contract data

C1.3 Form of Performance Security - Demand Guarantee

C1.4 Occupational Health and Safety Agreement

Part C2: Pricing Data

C2.1 Pricing instructions

C2.2 Bills/Schedules of Quantities

VOLUME 2B: The balance of the Tender Document, in which is bound:

Part C3: Scope of Work


C3.2 Engineering Design


C3.4 Testing and Commissioning

C3.5 Training

C3.6 Project Management

C3.7 Maintenance and upgrades

C3.8 Detailed Specifications: General

C3.9 Detailed Specifications: Onboard Systems

C3.10 Detailed Specifications: Control Centre

C3.11 Detailed Specifications: Smart Trunk Station

C3.12 Detailed Specifications: Smart Feeder Station

C3.13 Detailed Specifications: Bus Depots

C3.14 Detailed Specifications: Communication

C3.15 Detailed Specifications: Maintenance

C3.16 Detailed Specifications: Operations

C3.17 Glossary

Part C4: Site information

C4.1 Overview of System

C4.2 The proposed IRT System (Phase 1)

C4.3 Services Types

C4.4 Future Phases of the IRT System

C4.5 Description of Business Model

C4.6 ITS to be provided by Control Centre Contract

C4.7 Communication

C4.8 Drawings and Details

Volume 2A is deemed the “Returnable Documents” which must be returned to the Employer in terms of submitting a tender offer. Volume 2B is non-returnable.

F.1.4 Communication and Employer’s Agent


Attention is drawn to the fact that verbal information, given by the Employer/Employer’s Agent during site visits/clarification meetings or at any other time prior to the award of the Contract, will not be regarded as binding on the Employer. Only information issued formally by the Employer in writing to tenderers will be regarded as amending the Tender Documents.

The Employer’s Agent, for the purposes of any communication between the Employer and tenderer, is represented by:

Dr Christoff Krogscheepers

ITS Engineers

Postnet Suite 127

Private Bag X7

Tyger Valley

7536

Tel No. (021) 948 7106

Fax No. (021) 948 7098

Email christoff@itse.co.za

.



T1.2

Tender Data

F.2.1 Eligibility

Add the following to F.2.1.1:

Only those tenderers who satisfy the following criteria are eligible to submit tenders:

F.2.1.1.1

City of Cape Town (CoCT) SAP Vendor Database Registration

Only those tenderers who are registered on the City of Cape Town’s SAP Vendor Database as a service provider prior to the evaluation of submissions are eligible to have their tenders evaluated.

The Employer will only enter into a formal contract with a tenderer who is registered on the City of

Cape Town’s SAP Vendor Database. In the case of Joint Venture partnerships this requirement will apply individually to each party of the Joint Venture.

Tenderers who wish to register on the City of Cape Town’s SAP Vendor Database may collect registration forms from the Manager: Supplier Management, 8 th Floor, Civic Centre (Tel 021

400 4413).

F.2.1.1.2

Completion of information on the tendering entity

The tenderer must submit information as indicated below. Employer will use this information, supplemented by other information provided by the tenderer, to evaluate and score quality of tenders.

Experience of South African component of tendering entity

The design and implementation experience of the local South African component of tenderer’s resources on similar projects must be appended to Schedules 3 and 4 Part T2.2 Returnable

Schedules.

Experience of Overseas component of tendering entity

The design and implementation experience that the overseas component of tenderer’s resources has had on similar projects must be appended to Schedules 3 and 4, Part T2.2 Returnable

Schedules.

Split of work between local and overseas professional staff components

The tender must submit an assessment of the extent of the design and implementation functions that will be undertaken by professional staff resources originating from the tenderer’s South African and overseas components. These should be provided in man-hours of key professional staff, support staff and any other human resources must in addition be provided. The figures should include tenderer’s own resources, either as a sole entity or a joint venture, and any sub-contractors.

The analysis must be completed in Schedule 5, Part T2.2 Returnable Schedules.

Split of projected contract claims between local and overseas

The tender must submit an assessment of the projected contract claims in Rands for resources that will be acquired from the tenderer’s South African and overseas components respectively. These should be provided for (i) human resources and (ii) for equipment, parts and software to be purchased for installation. The figures should include the tenderer’s own resources, either as a sole entity or a joint venture, and any sub-contractors.

The analysis must be appended to Schedule 5, Part T2.2 Returnable Schedules.

Work Plan

The tenderer must append a work plan as part of the Schedule 9, Part T2.2 Returnable Documents.

The document will be used to provide evidence that the tenderer has a sound understanding of the

Scope of Work and how this will be applied in the Contract. During the evaluation process described under F.3.11.9 scores for Quality will be assigned based on the clarity, logic and proof that the tenderer will be able to discharge his obligations. The Work Plan should include concepts of the design of the system and should be drafted for reading by persons not necessarily qualified in the electronics field. The Work Plan including timeline information should not exceed 25 A4 pages in 11-pitch Arial or equivalent.

F.2.1.1.3

Key Personnel

Abbreviated Curriculum Vitae each the Key professional Personnel listed below and all Support

Personnel (including those provided by sub-contractors), limited to two A4 pages and including a photograph, must be submitted as part of Schedule 7, Part T2.2: Returnable Schedules. Full

Curriculum Vitae may in addition be appended to Schedule 7.

The term “professional” as used above refers to a person who is registered with a recognized institution or council. The proof of qualifications and registration numbers of these key professional



T1.2

Tender Data

personnel must be indicated on the Curriculum Vitae.

The tenderer must include an undertaking that it will have the key personnel listed below in its permanent employment at the close of tender. Alternatively, a signed undertaking from a specialist consultant/firm having the required personnel, stating that they will undertake the necessary work on behalf of the tenderer in terms of a sub-consultant agreement, will be acceptable. Such undertaking must be attached to Schedule 8, Part T2.2 Returnable Schedules.

Contractor’s representative

The Contractor’s representative as defined in Clause 1.1.2.5 of the Conditions of Contract and to be appointed to undertake the Contract on behalf of the tenderer must have at least fifteen (15) years experience with leading the design and/or implementation process of a similar system contemplated in the tender, and must be a professional project manager or engineer registered with a recognized professional South African or overseas institution of council. The person to be appointed as

Contractor’s Representative must lead the tendering entity’s submission of the tender.

Lead design professional

The lead design professional must have at least ten (10) years experience with leading the design process of a similar system contemplated in the tender, and must be a professional electrical or electronics engineer registered with a recognized professional South African or overseas tertiary institution.

Lead installation professional

The lead implementation professional must have at least ten (10) years experience with leading the installation process of a similar system contemplated in the tender, and must be a professional electrical or electronics engineer registered with a recognized professional South African or overseas body. The lead installation professional may also undertake the tasks required of the lead design professional.

Operations Manager

The Operations Manager must have at least ten (10) years experience with managing of a similar system contemplated in the tender, or can demonstrate that he has the competency to undertake the function. He/she must be registered with a recognized professional South African or overseas body in a discipline that is compatible with the function, which should be one of the technical sciences. The lead installation professional may also undertake the tasks required of the lead design professional or lead installation professional.

Maintenance Manager

The Maintenance Manager must have at least ten (10) years experience with maintaining, installing or developing a similar system contemplated in the tender, and must be a professional electrical or electronics engineer registered with a recognized professional South African or overseas body. The

Maintenance may also undertake the tasks required of the lead design professional or lead installation professional.

F.2.1.1.4 Minimum number of points for Quality

In order to be considered for an appointment in terms of this tender, tenderers must achieve the minimum number of evaluation points for quality as stated in F.3.11.9.

F.2.7

Clarification meeting


Arrangements for the clarification meeting will be as stated in the Tender Notice and Invitation to

Tender.

The clarification meeting will not be compulsory.

F.2.12

F.2.12.1

Alternative tender offers


The Tenderer may submit alternative tenders which alter the Scope of the Works and which in his opinion are suitable and advantageous to the Employer. The Employer/Employer’s Agent will examine such proposals but shall not be bound to accept any such tenders.

All such alternative tenders shall be fully detailed and submitted on separate complete sets of

Tender Documents and shall be clearly marked as alternative tenders. All alternative tenders shall be accompanied by a covering letter clearly stating where the alternative tender differs from the

Tender.

No alternative tender will be considered unless a Tender free of qualifications and strictly on the basis of the Tender Documents is also submitted.



T1.2

Tender Data

F.2.12.2

All proposed technical characteristics as well as the modified Pricing Data shall be submitted with the alternative tender in order to allow the Employer/Employer’s Agent to fully evaluate the offer and identify any deviation from specified requirements.

If subsequently required, the Tenderer shall submit fully detailed drawings and calculations of the alternative tender in the form set out by the Employer/Employer’s Agent.

Tenderers are required to indicate alternative tender offers in Schedule 21: Alterations/

Amendments by Tenderer in T2.2 Returnable Schedules.

If a tenderer submits tenders for both this Tender and Tender no. 24G/2009/10 for the Design,

Supply, Delivery, Installation, Testing, Commissioning, and Maintenance of the IRT Automated

Fare Collection Hardware and Software, and Provision of Certain Related Services, any price discounts that the tenderer wishes to include in its offer to the Employer in the event of the tenderer being awarded both such tenders, shall be submitted by the tenderer under each such tender as an alternative tender.

Submitting a tender offer


F.2.13

F2.13.2

F.2.13.3

F.2.13.4

Where the Tenderer cannot tender in all respects in accordance with the foregoing provisions, such deviations shall be clearly and separately listed in Schedule 21: Deviations and Qualifications by

Tenderer in T2.2 Returnable Schedules, or in a Tenderer’s covering letter.

The Employer/Employer, through his Agent, will examine such deviations but shall not be bound to accept any such deviations or qualifications.

The sum tendered in the Tender Offer shall be deemed to include for all such deviations or qualifications listed or referred to in Schedule 21: Deviations and Qualifications by Tenderer.

Deviations which are contained in literature, detailed or general descriptions, drawings, equipment lists, etc. provided with the Tender but which are not clearly and separately listed as described above will not be accepted by the Employer and the Tender shall be deemed to comply in all respects with the foregoing provisions and all costs in this regard shall be for the Contractor's account. ii)

Options

The Tenderer may submit options for alternative materials or equipment to that specified for any of the items in the Schedules of Quantities, which in his opinion are suitable and advantageous to the

Employer. The Employer/Employer through his Agent, will examine such options but shall not be bound to accept any such options.

Such options shall be offered as separately priced items in a Tenderer’s covering letter which must accompany the Tender under the heading “Options”. Such options shall NOT be listed in Schedule

21: Alterations/Amendments by Tenderer.

The sum tendered in the Tender Offer shall be deemed to exclude all such Options.


Note that Volume 2B is a non-returnable document but will form part of the Contract agreement.


Parts of each tender offer communicated on paper shall be submitted as an original, plus 0

(nought) copies, unless otherwise stated in the Tender Document.

Add the following after the first sentence of F.2.13.4:

The tender shall be signed by a person duly authorised to do so. Tenders submitted by joint ventures of two or more firms shall be accompanied by the document of formation of the joint venture, authenticated by a notary public or other official deputed to witness sworn statements, in which is defined precisely the conditions under which the joint venture will function, its period of duration, the persons authorised to represent and obligate it, the participation of the several firms forming the joint venture, and any other information necessary to permit a full appraisal of its functioning.




T1.2

Tender Data

F.2.13.5 The Employer’s address for delivery of tender offers and identification details to be shown on each tender offer package are:

Location of tender box:

Physical address :

Tender Box 58.

Tender Office, 5 th

Floor, Tower Block, Civic Centre,

12 Hertzog Boulevard, Cape Town.

Identification details : Tender number 25G/2009/10

Title of tender: Design, Supply, Delivery, Installation, Testing,

Commissioning and Maintenance of the IRT Control Centre

Hardware and Software Systems

Sealed tenders with the Tenderer’s name and address and the endorsement “ TENDER NO.

25G/2009/10: DESIGN, SUPPLY, DELIVERY, INSTALLATION, TESTING, COMMISSIONING

AND MAINTENANCE OF THE IRT CONTROL CENTRE HARDWARE AND SOFTWARE

SYSTEMS " on the envelope, must be placed in the appropriate official tender box at the abovementioned address.

F.2.13.6


Two-envelope procedure

A two-envelope procedure will not be followed.

F.2.15

F.2.15.1

Closing time


The closing time for submission of tender offers is as stated in the Tender Notice and Invitation to

Tender.

F.2.16

Telephonic, telegraphic, telex, facsimile or e-mailed tender offers will not be accepted.

Tender offer validity


The tender offer validity period is 120 days.

F.2.16.1

F.2.17 Clarification of tender offer after submission


A tender will be rejected as non-responsive if the Tenderer fails to provide any clarification requested by the Employer within the time for submission stated in the Employer’s written request for such clarification. A tender will also be rejected as non-responsive if the Tenderer fails, within the stated number of days of having been notified in writing by the Employer, to comply with the requirements of F.4.4.

F.2.18

F.2.18.1

Provide other material


Provide, where the tendered amount inclusive of VAT exceeds R10 million : i) audited annual financial statements for 3 years, or for the period since establishment if established during the last 3 years, if required by law to prepare annual financial statements for auditing; ii) a certificate signed by the tenderer certifying that the tenderer has no undisputed commitments for municipal services towards a municipality or other service provider in respect of which payment is overdue for more than 30 days; iii) particulars of any contracts awarded to the tenderer by an organ of state during the past five years, including particulars of any material non-compliance or dispute concerning the execution of such contract; iv) a statement indicating whether any portion of the goods or services are expected to be sourced from outside the Republic, and, if so, what portion and whether any portion of payment from the municipality or municipal entity is expected to be transferred out of the

Republic.

Each party to a Consortium/Joint Venture shall submit separate certificates/statements in the above regard.

F.2.23

F.2.23.1

Certificates


The tenderer is required to submit the following:

Tax Clearance Certificate

Tenderers that are local South African companies and South African companies that form part of a joint venture shall be registered and in good standing with the South African Revenue Service

(SARS) and shall submit documentary evidence in the form of an original valid Tax Clearance



T1.2

Tender Data

F.2.23.2

F.3

F.3.4

F.3.4.1

F.3.8

F.3.11

F.3.11.1

F.3.11.5

Certificate issued by SARS or proof that he or she has made arrangements with SARS to meet his or her outstanding tax obligations.

Each party to a Consortium/Joint Venture that is a South African entity shall submit a separate Tax

Clearance Certificate, or proof that he or she has made the necessary arrangements with SARS.

Bargaining Council Certificate

Where applicable, a certificate of compliance issued by the relevant Bargaining Council.

Each party to a Consortium/Joint Venture shall submit separate certificates in the above regard.

The Employer’s undertakings

Opening of tender submissions


The time and location for opening of the tender offers is:

Time: Tenders will be opened immediately after the closing time for receipt of tenders as stated in the Tender Notice and Invitation to Tender, or as stated in any Addendum extending the closing date.

Location: Tender Office, 5 th Floor, Tower Block, Civic Centre, 12 Hertzog Boulevard , Cape Town.

Test for responsiveness


Tenders will be considered non-responsive if, inter alia:

the tender is not in compliance with the Scope of Work and the Technical Specifications set out in Part C3;

the tenderer is not registered on the City of Cape Town’s SAP Vendor Database prior to the evaluation of submissions;

the tenderer has failed to clarify or submit any supporting documentation within the time for submission stated in the employer’s written request.

Evaluation of tender offers

General


In terms of Council’s current Supply Chain Management Policy this project has been identified as a

Major Project (over R2 000 000,00) targeting enterprises with equity ownership by Historically

Disadvantaged Individuals (HDIs) performing as prime contractors, joint venture partnerships, subcontractors, suppliers, manufactures, and/or service providers.

As the Project Works required for this tender is considered to be of a complex nature, requiring considerable expertise with respect to the specialized processes, controls and equipment specified in the scope of work, it is considered essential that Tenderers should be suitably qualified and experienced and have the necessary capability and resources. The procedure for the evaluation of responsive tenders therefore, is

Method 4

: Financial offer, quality and preferences.

Method 4: Financial offer, quality and preferences

Replace F.3.11.5 b) with the following:

The procedure for the evaluation of responsive tenders is Method 4 . The total score for financial offer, quality and preference will be calculated as follows:

N

T

= W

C

+ N

P

where,

N

T

W

C

N

P

=

=

=

Total Score awarded to the tenderer under consideration (max 100) ,

Score for quality and financial offer

(max 90)

,

Score for preference (max 10) , and where W

C

= W

3

x [1 + (S – S m

)] where,

S m

W

3

= the number of tender evaluation points available for quality and financial offer and equals

90

,

S = the sum of percentage scores for quality and financial offer of the submission under consideration,



T1.2

Tender Data

S m

= the sum of percentage scores for quality and financial offer of the submission scoring the highest number of points.

Add the following: f) If, after tenders have been brought to a comparative level, two or more tenders score equal total evaluation points, the recommended tenderer shall be the one scoring the highest preference points.

F.3.11.7 Scoring financial offers

Replace F.3.11.7 with the following:

The formula for calculating the value of A shall be

Formula 2 (Option 2)

.

The score for financial offer is calculated using the following formula for each responsive tender under consideration:

N

FO

= W

1

x A where,

N

FO

W

1

= the percentage score achieved for financial offer,

= the percentage score given to financial offer and equals

55

, and where A = P m

P

where,

P

P m

= the comparative offer of the most favourable tender offer,

= the comparative offer of the tender offer under consideration.

F.3.11.8 Scoring Preferences


Points will be awarded to tenderers who complete the following Preferencing Schedule which is included in T2.2 : Returnable Schedules:

Schedule 15: Preferencing Schedule (where preferences are granted in respect of HDI

Participation) and attached Annex A

Points for Preference

A maximum of 100 minus (W

C

) tender evaluation points will be awarded for preference (NOP) with responsive tenders scoring points in accordance with the criteria listed below.

HDI Participation

A maximum of 10 tender evaluation points (NOP) will be awarded for HDI Participation with responsive tenders under consideration scoring points according to the formula:

F.3.11.9

N

P

Where N

P

= x CPG

1

100 number of tender evaluation points awarded for HDI participation

NOP

CPG

1

= tendered Contract Participation Goal in respect of HDI Participation (from

Schedule 15)

The conditions associated with the granting of preferences in respect of HDI Participation

(described in the Preferencing Schedule) shall apply to this Contract.

Scoring quality (functionality)

Replace F.3.11.9 with the following:

The score for quality is to be calculated using the following formula for each responsive tender under consideration :

W

Q

W

Q

W

2

S

O

M

S

= W

2

x S

O

M

S

where,

= the percentage score achieved for quality,

= the percentage score given to quality and equals 45 ,

= the score for quality allocated to the submission under consideration,

= the maximum possible score for quality in respect of a submission (50 points) .

IMPORTANT NOTE: Tenderers that receive a score for S

O excluded from further participation in the evaluation process. of 40 or less

F.3.11.9.1 Composition of the Tendering Entity as input to award of quality points

South African registered company and established office

quality points will be



T1.2

Tender Data

The entity or at one of the participants of a joint venture constituting the entity submitting a tender, should preferably, at the date of submission of the tender, have a company registered in South

Africa. The tendering entity or one of its participants must at the date of award of the contract, have an established office through which all communication with the Employer will flow, and where a significant portion of design work and all aspects of administration of the contract and its implementation in terms of the contract will be carried out. The address of the local office, if established at the time of tender submission, must be indicated on Schedule 1, Part T2.2:

Returnable Schedules, and which will be regarded as the domicilium citandi et executandi for the purposes of any contract arising from this tender submission. In the case where the address of a local office is not available at the time of tender submission the tenderer is to provided his overseas address.

The tenderer is required under Clause F.1.1.2 to submit information on the experience of the local

South African component of tenderer’s resources on similar projects to be appended to Schedules 3 and 4 Part T2.2 Returnable Schedules.

Overseas component of tendering entity

Tenderers are encouraged to secure an overseas component having proven experience on similar systems already in operation, to form part of the tendering entity.

The tenderer is required under Clause F.1.1.2 to submit information on the experience that the overseas component of tenderer’s resources has had on similar projects to be appended to

Schedules 3 and 4, Part T2.2 Returnable Schedules.

Split of work between local and overseas professional staff components

The tender is required to submit an assessment of the extent of the design and implementation functions that will be undertaken by professional staff resources originating from the tenderer’s

South African and overseas components. These are to be provided in man-hours of key professional staff, support staff and any other human resources must in addition be provided. The figures include tenderer’s own resources, either as a sole entity or a joint venture, and any subcontractors.

The tenderer is required under Clause F.1.1.2 to submit information on the analysis to be appended to Schedule 5, Part T2.2 Returnable Schedules.

Split of contract claims between local and overseas

The tender is required to submit an assessment of the projected contract claims in Rands for resources that will be acquired from the tenderer’s South African and overseas components respectively. These are to be provided for (i) human resources and (ii) for equipment, parts and software to be purchased for installation. The figures should include the tenderer’s own resources, either as a sole entity or a joint venture, and any sub-contractors.

The tenderer is required under Clause F.1.1.2 to submit information on the analysis to be appended to Schedule 5, Part T2.2 Returnable Schedules.

F.3.11.9.2 Criteria for awarding of quality points

The table below will be used by the Bid Evaluation Committee to determine the score for quality allocated to the submission under consideration, that score being

S

O

=

S

1

+

S

2

+

S

3

+

S

4

+

S

5

+

S

6

+

S

7.

Item Subcriteria Description

Maximum score

Experience of tenderer through evidence of having undertaken similar work and having resources and skills available for the project

Establishment, qualifications and demonstration of

1.1 S

1 experience and professional capacity in South Africa in relation to the scope of work

International experience and capacity outside South

Africa and which will complement the tenderer’s 1.2 S

2 capability in relation to the scope of work

Work Plan: quality of technical proposal, technical merit and response to the proposed scope of work/project design/implementation under headings below

2.1

2.2

2.3

2.4

S

3

S

4

S

5

S

6

Bus scheduling and tracking systems

Passenger information systems

CCTV communication systems

Control centre

10

10

5

5

5

5



T1.2

Tender Data

3 S

7

Demonstration of a working model proving functionality of system being offered to meet objectives and scope of work

10

M

S

Total maximum quality score summation of S

1

– S

7

50

The minimum

S

O

score for quality is

40

. Tenderers that fail to achieve the minimum score for quality will be rejected.

Where the entity tendering is a Joint Venture the tender must be accompanied by a statement describing exactly what aspects of the work will be undertaken by each party to the joint venture

(appended to Schedule 2, Part T2.2: Returnable Schedules).

A more detailed explanation of the quality criteria to be applied during the evaluation of tenders is given below:

Item 1: Experience of tenderer through evidence of having undertaken similar work and having resources and skills available for the project – S

1 and S

2

Tenders will be evaluated based on the proven experience of the tenderer on other successful projects of the same or similar type as that forming this Contract. Sub-criterion S

1

will require the tenderer to show evidence of their establishment in South Africa, their offices and systems and the qualifications, key professional staff and support staff that they will make available for the execution of the design and implementation components of the project. The score will be based on the proven capacity of the local team put forward toward contributing to the success of the project.

S

2 will similarly be scored based on the qualifications of key professional staff and support staff sourced from the overseas component of the overall team.

The tenderer is required to submit a statement describing which aspects of the work will be undertaken by the local component and the overseas component of the project team, and to estimate the man-days of the local and overseas components of the project team that will undertake the design and implementation components respectively. Scores assigned for subcriterion

S will be reduced by 2 points where the component of local resources is less than 50%

1 and 4 points where the component of local resources is less than 33% of the total team’s proposed man-days, in accordance with the information provided in Schedule 5, Part T2.2 Returnable

Schedules.

Item 2: Work Plan: quality of technical proposal, technical merit and response to the proposed Scope of Work/Project Design – S

3 to S

6

The technical proposal must be included in the work plan required as part of the Schedule 9, Part

T2.2 Returnable Documents. The document will be evaluated under sub-criteria items S

3 to S

6 primarily to enable evidence to be scored demonstrating that the tenderer has a sound understanding of the Scope of Work and how this will be applied in the Contract. Scores will be assigned based on the clarity, logic and proof that the tenderer will be able to discharge his obligations. The technical proposal should include concepts of the design of the system and should be drafted for reading by persons not necessarily qualified in the electronics field.

Item 3: Demonstration of a working model proving functionality of system being offered to meet objectives and scope of work – S

7

Tenderers will be required to demonstrate the functionality of the systems and subsystems being offered. The objective of this part of the evaluation will be to provide the Employer with confidence that tenderers have the expertise, capability and experience to meet the objectives, functionality and specifications of the contract. The process of considering such examples will have a direct bearing on the score for subcriterion other subcriteria.

S

7 but will also indirectly influence the scores allocated to

The tenderer must in his tender propose the manner and process of providing the appropriate demonstration, and will be responsible for costs of developing any prototype, model or working system that will meet the requirements of providing the Employer with the confidence in his capabilities. The demonstration must take place in Cape Town on a date to be made known to the tenderer within 14 days after the submission of tenders, and should allow for a period not exceeding 3 hours. Where the demonstration takes the form of a presentation a suitable venue will be provided by the Employer.

F.3.11.10

Add the following new subclause:

Evaluation programme

The evaluation procedure is envisaged to be undertaken over a period not exceeding 120 days measured from the date of submission of the tender to the date on which a decision is made by the

Employer on the tenderer that will be awarded the contract.



T1.2

Tender Data

F.3.11.11

F3.13

F.3.13.1

Add the following new subclause:

Risk Analysis

Notwithstanding compliance with the requirements of the tender, the employer will perform a risk analysis in respect of the following: a) reasonableness of the financial offer b) reasonableness of unit rates and prices c) the tenderer’s ability to fulfill its obligations in terms of the tender document, that is, that the tenderer can demonstrate that he/she possesses the necessary professional and technical qualifications, professional and technical competence, financial resources, equipment and other physical facilities, managerial capability, reliability, experience, reputation, personnel to perform the contract, etc.

No tenderer will be recommended for an award unless the tenderer has demonstrated that he/she has the resources and skills required.

Acceptance of tender offer


Tender offers will only be accepted if: a) the tenderer is registered and in good standing with the South African Revenue Service (SARS) and has submitted evidence in the form of an original valid Tax Clearance Certificate issued by

SARS or proof that he or she has made arrangements with SARS to meet his or her outstanding tax obligations; b) the tenderer is registered and verified on the Western Cape Supplier Database; c) the tenderer or any of its directors is not listed on the Register of Tender Defaulters in terms of the Prevention and Combating of Corrupt Activities Act of 2004 as a person prohibited from doing business with the public sector; d) the tenderer has not: i) abused the Employer’s Supply Chain Management System; or ii) failed to pay municipal rates and taxes or service charges and such rates, taxes and charges are in arrears for more than three months; or iii) failed to perform on any previous contract and has been given a written notice to this effect; e) the tenderer has completed the Compulsory Enterprise Questionnaire and there are no conflicts of interest which may impact on the tenderer’s ability to perform the contract in the best interests of the employer or potentially compromise the tender process.

F.3.18 Provide copies of the contract


The number of paper copies of the signed contract to be provided by the Employer is one.

F.4 Additional Conditions of Tender

The additional conditions of tender are:

F.4.1

Compliance with Occupational Health and Safety Act 1993

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 Regulations and to have allowed for all costs in compliance therewith.

In this regard the Tenderer shall submit with his tender, appended to Schedule 16: Health and Safety

Plan in Part T2.2 Returnable Schedules, a detailed Health and Safety Plan in respect of the Works 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 programme 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.



T1.2

Tender Data

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 Contractor shall prepare and maintain a Health and Safety File in respect of the project, which shall be available for inspection on Site at all times and handed over to the Employer on Final Completion of the project.

The Contractor is required to submit to the Employer the Occupational Health and Safety Agreement

(included in C1.4 of the Contract Document) and a letter of good standing from the Compensation

Commissioner, or a licensed compensation insurer, within 14 days from the Commencement Date of the contract.

F.4.2 Eligibility with respect to expanded public works programme

This Contract does not qualify for consideration as an Expanded Public Works Programme project.

F.4.3

Claims arising after submission of tender

No claim for any extras arising out of any doubt or obscurity as to the true intent and meaning of anything shown on the Contract Drawings or contained in the Conditions of Contract, Scope of Work and

Pricing Data, will be admitted by the Employer/Employer’s Agent after the submission of any tender and the Tenderer shall be deemed to have:

1) inspected the Contract Drawings and read and fully understood the Conditions of Contract,

2) read and fully understood the whole text of the Scope of Work and Pricing Data and thoroughly acquainted himself with the nature of the works proposed and generally of all matters which may influence the Contract,

3) acquainted himself with any limitations or restrictions that may be imposed by the Municipal or other

Authorities in regard to access and transport of materials and equipment to and from the site and made the necessary provisions for any additional costs involved thereby, and

4) requested the Employer or his duly authorised agent to make clear the actual requirements of anything shown on the Contract Drawings or anything contained in the Scope of Work and Pricing

Data, the exact meaning or interpretation of which is not clearly intelligible to the Tenderer.

5) received any Addenda to the tender documents which have been issued in accordance with the

Employer’s Supply Chain Management Policy.

Before submission of any tender, the Tenderer should check the number of pages, and if any are found to be missing or duplicated, or the figures or writing indistinct, or if the Pricing Data contain any obvious errors, the Tenderer must apply to the Employer/Employer’s Agent at once to have the same rectified, as no liability will be admitted by the Employer/Employer’s Agent in respect of errors in any tender due to the foregoing.

F.4.4 Imbalance in tendered rates

In the event of tendered rates or lump sums being declared by the Employer to be unacceptable to it because they are either excessively low or high or not in proper balance with other rates or lump sums, the Tenderer may be required to produce evidence and advance arguments in support of the tendered rates or lump sums objected to. If, after submission of such evidence and any further evidence requested, the Employer is still not satisfied with the tendered rates or lump sums objected to, it may request the Tenderer to amend these rates and lump sums along the lines indicated by it.

The Tenderer will then have the option to alter and/or amend the rates and lump sums objected to and such other related amounts as are agreed on by the Employer, but this shall be done without altering the tender offer as tendered or, if applicable, the corrected total of prices in accordance with F.3.9.3.

Should the Tenderer fail to amend his Tender in a manner acceptable to the Employer, the Employer may reject the Tender.

F.4.5

Invalid

Tenders shall be considered invalid and shall be endorsed and recorded as such in the tender opening record, by the responsible official who opened the tender, in the following circumstances: a) if the tender offer is not submitted on the Form of Offer and Acceptance bound into this tender document (form C1.1, Part C1: Agreements and Contract Data); b) c) d) if the tender is not completed in non-erasable ink; if the Form of Offer and Acceptance has not been signed; if the Form of Offer and Acceptance is signed, but the name of the tenderer is not stated or is indecipherable.



T1.2

Tender Data

F.4.6

Negotiations with preferred tenderers

The Employer may negotiate the final terms of a contract with tenderers identified through a competitive tendering process as preferred tenderers provided that such negotiation: a) b) c) does not allow any preferred tenderer a second or unfair opportunity; is not to the detriment of any other tenderer; and does not lead to a higher price than the tender as submitted.

Minutes of any such negotiations shall be kept for record purposes.

F.4.7

General supply chain management conditions applicable to tenders

In terms of its Supply Chain Management Policy the City may not consider a tender unless the provider who submitted the tender: a) has furnished the City with that provider’s:

• full

• identification number or company or other registration number; and

• tax reference number and VAT registration number, if any; b) has whether:

• the provider is in the service of the state, or has been in the service of the state in the previous twelve months;

• if the provider is not a natural person, whether any of the directors, managers, principal shareholders or stakeholders is in the service of the state, or has been in the service of the state in the previous twelve months; or

• whether a spouse, child or parent of the provider or of a director, manager, share holder or stakeholder referred to above is in the service of the state, or has been in the service of the state in the previous twelve months.

Irrespective of the procurement process followed, the City is prohibited from making an award to a person:

• who is in the service of the state;

• if the person is not a natural person, a juristic entity of which any director, manager or principal shareholder or stakeholder is in the service of the state; or

• who is an advisor or consultant contracted with the City.

In this regard, tenderers shall complete Schedule 1, Part T2.2 Returnable Schedules: Compulsory

Enterprise Questionnaire. Failure to complete this schedule may result in the tender not being considered.

F.4.8

Combating abuse of the Supply Chain Management Policy

In terms of the City’s Supply Chain Management Policy, the Employer may reject the tender of any tenderer if that tenderer or any of its directors has: a) failed to pay municipal rates and taxes or municipal service charges and such rates, taxes and charges are in arrears for more than three months; b) failed, during the last five years, to perform satisfactorily on a previous contract with the City or any other organ of state after written notice was given to that tenderer that performance was unsatisfactory; c) abused the supply chain management system of the City or has committed any improper conduct in relation to this system; d) been convicted of fraud or corruption during the past five years; e) wilfully neglected, reneged on or failed to comply with any government, municipal or other public sector contract during the past five years; or f) been listed with the Register of Tender Defaulters in terms of section 29 of the Prevention and

Combating of Corrupt Activities Act (No. 12 of 2004) or has been listed on National Treasury’s database as a person or juristic entity prohibited from doing business with the public sector.

In this regard, tenderers shall complete Schedule 17, Part T2.2 Returnable Schedules: Declaration in terms of the Municipal Finance Management Act. Failure to complete this schedule may result in the tender not being considered.

F.4.9

UIF

The Tenderer shall submit to Council a letter from the Industrial Council indicating his good standing with regard to UIF payments upon being requested to do so.

F.4.10 Registration with Bargaining Council

Tenderers must be registered with a relevant Bargaining Council (if such be in place) and provide the applicable Certificate of Compliance in terms of the relevant Government Gazette.



T1.2

Tender Data

F.4.11

Price variations

The Contract Price shall be subject to adjustment for changes in cost in accordance with the Conditions of Contract as amended and amplified in the Appendix to tender and Particular Conditions in Part C1.2

Contract Data.

F.4.12

Information to be provided with the tender

Tenderers must provide the information listed in Schedule 23, Part T2.2 Returnable Schedules:

Correspondence with Bus Manufacturers, with their tenders.

F.4.13 Key dates for contract programme

The Tenderer’s attention is drawn to the contract commencement date, time for completion of the Works, and time for access to and procession of the Site in the Appendix to Tender in Part C1.2 Contract Data.

F.4.14 Tender documents, or parts thereof, in electronic format

The Employer shall not formally issue tender documents in electronic format as contemplated in F.2.13.2 and F.2.13.3 and shall only issue tender documents in hardcopy. An electronic version of the issued tender documents will be made available to the tenderer on a compact disk supplied with the tender documents, its use being subject to the following:

(a) Electronic copies of the contract document, or parts thereof, will only be provided to tenderers who have been issued with the tender documents as contemplated in F.1.2 in hardcopy.

(b) The electronic version shall not be regarded as a substitute for the issued tender documents.

(c) The Employer shall not accept tenders submitted in electronic format. Tenderers may not complete and submit a printed copy of the electronic version of the tender document or part thereof. Only those tenders that have been completed on the issued hard copy tender document shall be considered.

(d) The Employer accepts no responsibility or liability arising from any reliance on or use of the electronic version provided in terms of this clause. The Employer further does not guarantee that the electronic version corresponds with the issued tender documents in all respects. Tenderers are alerted to the fact that electronic versions of the tender documents may not reflect any notices or addenda that amend the tender document.

(e) Any non-compliance with these provisions, including effecting any unauthorised alterations to the tender document as contemplated in F.2.11, shall render the tender invalid. The Employer reserves the right to take any action against such tenderer allowed in law including, in circumstances where the tender had already been awarded, the right to cancel the contract.

(f) In utilising the electronic version of the tender document or parts thereof, the tenderer is deemed to have read, understood and accepted all of the above conditions.

F.4.15

Joint ventures, consortia or partnerships

F.4.15.1 Where the tenderer is an unincorporated consortium, a joint venture or a partnership, the tenderer must append a copy of the partnership, consortium or joint venture agreement to Schedule 2, Part

T2.2: Returnable Schedules. The agreement must be properly executed and authorised by a notary public or other official deputed to witness sworn statements and must also, as a minimum, include provisions:

F.4.15.1.1 reflecting the full legal name, principal address or place of business, place of incorporation and registered number of incorporation of each party to the agreement;

F.4.15.1.2 reflecting the name under which the business of the joint venture, consortium or partnership shall be carried on;

F.4.15.1.3 nominating one member of the tenderer as the Lead Member for the purposes of this tender;

F.4.15.1.4 authorizing the Lead Member to undertake all such financial administration of the contract as may be required for purposes of payment of the contractor by the Employer;

F.4.15.1.5 imposing joint and several liability on each of the parties to the consortium, partnership or joint venture for all obligations in relation to this tender and, if the tenderer is successful in the tender process, all obligations under the contract;

F.4.15.1.6 reflecting exactly what aspects of the work will be undertaken by, and the percentage of the contribution to be made to the contract by, each party to the joint venture, consortium or partnership.



T1.2

Tender Data

F.4.15.2 If the successful tenderer is an unincorporated consortium or a joint venture or a partnership, the tenderer will not be required to incorporate a separate legal entity in order to contract with the City.

The contracting party may be an unincorporated consortium or joint venture or a partnership, provided that all the consortium or joint venture parties or the partners are jointly and severally responsible for all obligations in the contract.

F4.16 Participation of overseas entities

Tenderers are encouraged to include participation of overseas entities with the requisite expertise for purposes of this Tender in their tenders, either as a member(s) of the tenderer and/or as suppliers and/or as sub-contractors.

In structuring such participation, tenderers' attention is drawn to various requirements of the tender which apply to each member of a joint venture, consortium or partnership, such as registration on the City's SAP Vendor Database.

F4.17

Award of tender subject to section 33 of the MFMA

The award of the Tender by the City's Bid Adjudication Committee will be subject to the Council of the City approving the contract in terms of section 33 of the MFMA. Tenderers should be aware that, notwithstanding the legal requirement to complete the “Section 33 process” in respect of this tender, in order to meet its programme requirements the Employer/City reserves the right to award a part of the tender prior to this process being completed, with the remainder by the Employer with due consideration to the requirements of the applicable legislation.

Thus the tenderer should take into account the circumstances whereby there may be a delay of some months between award of the first part of the Tender that extends for a period of three years, followed by the award of a subsequent part of the Tender that extends for a further period beyond three years. The initial appointed will be to supply and install the full system in phases and against milestones after which the contractor will be required to maintain and manage the system for a period up to three years after the initial appointment. The appointment will then terminate with an option to reinstate the contract to allow continued maintenance and operations of the system for a further three years.

F.4.18 Assignment

In December 2008, the City resolved, in terms of section 78(4) of the Local Government: Municipal

Systems Act No, 32 of 2000 ("the Municipal Systems Act) and subject to the outcome of the process prescribed by section 84 of the Local Government: Municipal Finance Management Act No. 56 of

2003 ("MFMA") to support the establishment of a municipal entity (the “Cape Town Public Transport

Entity” or PT Entity) for the provision of certain municipal public transport services. The City has embarked on the process prescribed by section 84 of the MFMA and anticipates being in a position either to approve or to disapprove the establishment of the PT Entity during the second half of 2009.

If the City does establish the PT Entity, then it will consider assigning to the PT Entity (as contemplated in section 81 of the Municipal Systems Act) various municipal public transport responsibilities, including the responsibility to procure IRT-related contractors and to conclude agreements with those contractors.

As at the date of issuing this Invitation to Tender, the City has not determined whether or not it will establish an PT Entity.

If the City does establish the PT Entity, then it may wish to assign its rights and obligations under the contract to the PT Entity. The contract will give the City the right to effect such assignment without the consent of the Control Centre Contractor.



T1.2

Tender Data


Pages

T2.1 List of Returnable Documents .......................................................20 – 21

T2.2 Returnable Schedules .....................................................................22 – 70



T2



CONTRACT NO. 25G/2009/10



T2.1 List of Returnable Documents

The tenderer must complete the following Returnable Documents:

1. Returnable Schedules required for tender evaluation purposes

Pages

1:

2:

3:

4:

5:

6:

7:

COMPULSORY ENTERPRISE QUESTIONNAIRE .......................................................................23 - 24

CERTIFICATE OF AUTHORITY FOR JOINT VENTURES ..................................................................25

SCHEDULE OF DESIGN EXPERIENCE ......................................................................................26 – 27

SCHEDULE OF IMPLEMENTATION EXPERIENCE....................................................................28 – 29

COSTS OF STAFF AND OTHER RESOURCES FROM RSA AND OVERSEAS…....................30 – 31

SCHEDULE OF SUBCONTRACTORS .................................................................................................32

DETAILS OF EXPERIENCE OF KEY PROFESSIONAL PERSONNEL ......................................33 – 37

8:

9:

TENDERERS UNDERTAKING TO EMPLOY KEY PROFESSIONAL PERSONNEL..........................38

WORK PLAN AND TIMELINES.............................................................................................................39

10: DETAILS OF TENDERER’S WORKSHOP FACILITIES.......................................................................40

11: TAX CLEARANCE CERTIFICATE ........................................................................................................41

13: FINANCIAL STATEMENTS FOR CONTRACTS OVER R10 MILLION................................................43

14: PARTICULARS OF CONTRACTS AWARDED TO TENDERER DURING PAST FIVE YEARS.........44

15: CONFIRMATION OF REGISTRATION ON CoCT SAP VENDOR DATABASE ..................................45

16: HEALTH AND SAFETY PLAN...............................................................................................................46

17: DECLARATION IN TERMS OF THE MUNICIPAL FINANCE MANAGEMENT ACT ...........................47

18: CERTIFICATE FOR MUNICIPAL SERVICES AND PAYMENTS TO SERVICE PROVIDER .............48

2. Other documents required for tender evaluation purposes

• Joint Venture Agreement (if applicable) - append to Schedule 2.

• An original valid Tax Clearance Certificate issued by the South African Revenue Service – attach to Schedule 11.

• Certificate of Compliance issued by the relevant Bargaining Council (if applicable) – attach to

Schedule 12.

• Health and Safety Plan – attach to Schedule 16.

3. Returnable Schedules that will be incorporated into the Contract

19. AUTHORISATION FOR THE DEDUCTION OF OUTSTANDING AMOUNTS OWED TO COUNCIL.49

20: RECORD OF ADDENDA TO TENDER DOCUMENTS (ANNEX K).....................................................50

21: DEVIATIONS AND QUALIFICATIONS BY TENDERER ..................................................................... 51

Preferencing Schedule

22: PREFERENCING SCHEDULE (where preferences are granted in respect of HDI

Participation)

Information to be provided with the Tender

23: CORRESPONDENCE

Technical Data Sheets

24: TECHNICAL

Price Basis for Imported Equipment (included in C2: Pricing Data)

25: PRICE BASIS FOR IMPORTED EQUIPMENT.....................................................................................70



T2.1

List of Returnable Documents

4. C1.1 The offer portion of the C1.1 Form of Offer and Acceptance

5. C1.2 Contract Data (Appendix to Tender, Part 2)

6. C2.2 Bills/Schedules of Quantities

NB: TENDERERS MUST COMPLETE THESE SCHEDULES/DATA SHEETS/FORMS IN BLACK INK



T2.1

List of Returnable Documents



CONTRACT NO. 25G/2009/10

DESIGN, SUPPLY, DELIVERY, INSTALLATION, TESTING, COMMISSIONING AND MAINTENANCE OF

THE IRT CONTROL CENTRE HARDWARE AND SOFTWARE SYSTEMS

T2.2 Returnable Schedules



T2.2

Returnable Schedules



CONTRACT NO. 25G/2009/10



SCHEDULE 1 : COMPULSORY ENTERPRISE QUESTIONNAIRE

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 enterprise: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Address of enterprise: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 2: VAT registration number, if any: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 3: CIDB registration number, if any: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 4: Particulars of sole proprietors and partners in partnerships

Name* Identity number* Personal income tax number*

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

Section 5: Particulars of companies and close corporations

Company registration number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Close corporation number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Tax reference number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 6: Record of service of the state

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

a member of any municipal council

a member of any provincial legislature

a member of the National Assembly or the

National Council of Province

a member of the board of directors of any municipal entity

• an official of any municipality or municipal entity an employee of any provincial department, national or provincial public entity or constitutional institution within the meaning of the Public Finance

Management Act, 1999 (Act 1 of 1999)

a member of an accounting authority of any national or provincial public entity

an employee of Parliament or a provincial legislature

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



T2.2


Name of sole proprietor, Name of institution, public office, board partner, director, manager, or organ of state and position held principal shareholder or stakeholder

Status of service

(tick appropriate column)

12 months

*insert separate page if necessary

Section 7: Record of spouses, children and parents in the service of the state

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

an employee of any provincial department, national or provincial public entity or constitutional institution within the meaning of the Public Finance the National Council of Province a member of the board of directors of any municipal entity

an official of any municipality or municipal entity

Management Act, 1999 (Act 1 of 1999)

a member of an accounting authority of any national or provincial public entity

an employee of Parliament or a provincial legislature

Name of spouse, child or parent

Name of institution, public office, board or organ of state and position held

Status of service

(tick appropriate column)

12 months

*insert separate page if necessary

The undersigned, who warrants that he/she is duly authorised to do so on behalf of the enterprise: i) authorizes the Employer to obtain a tax clearance certificate from the South African Revenue Services that my/our tax matters are in order; ii) confirms that the neither the name of the enterprise or the name of any partner, manager, director or other person, who wholly or partly exercises, or may exercise, control over the enterprise appears on the Register of Tender Defaulters established in terms of the Prevention and Combating of Corrupt Activities Act of 2004; iii) confirms that no partner, member, director or other person, who wholly or partly exercises, or may exercise, control over the enterprise appears, has within the last five years been convicted of fraud or corruption; iv) confirms that I/we are not associated, linked or involved with any other tendering entities submitting tender offers and have no other relationship with any of the tenderers or those responsible for compiling the scope of work that could cause or be interpreted as a conflict of interest; v) confirms that the contents of this questionnaire are within my personal knowledge and are to the best of my belief both true and correct.

SIGNED ON BEHALF OF TENDERER

: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



T2.2




CONTRACT NO. 25G/2009/10



SCHEDULE 2 : CERTIFICATE OF AUTHORITY FOR JOINT VENTURES

This returnable schedule is to be completed by joint ventures.

We, the undersigned, are submitting this tender offer in joint venture and hereby authorize

Mr/Ms ………………............................................………………………….., authorised signatory of the company, close corporation or partnership ………………….………………………………………………………..., acting in the capacity of lead partner, to sign all documents in connection with the tender offer and any contract resulting from it on our behalf.

NAME OF FIRM ADDRESS DULY AUTHORISED

SIGNATORY

Lead partner

Signature…………………..

Name………………………

Designation………………..


Name………………………



Name………………………



Name………………………


Note :

A copy of the Joint Venture Agreement (refer to F.2.13.1 in Part T1.2) showing clearly the percentage contribution of each partner to the Joint Venture shall be appended to this schedule.



T2.2




CONTRACT NO. 25G/2009/10



SCHEDULE 3 : SCHEDULE OF DESIGN EXPERIENCE

The tenderer shall insert in the spaces provided below a list of similar completed designs contracts or assignments awarded to him and those currently being undertaken.

EMPLOYER

(NAME, TEL No.

AND FAX No.)

COMPLETED CONTRACTS OR ASSSIGNMENTS

ENGINEER

(NAME, TEL No.

AND FAX No.)

NATURE OF WORK

VALUE

OF

WORK

R(m)

DATE

COMPLETED



T2.2


CURRENT CONTRACTS OR ASSIGNMENTS

EMPLOYER

(NAME, TEL No.

AND FAX No.)

ENGINEER

(NAME, TEL No.

AND FAX No.)

NATURE OF WORK

VALUE

OF

WORK

R(m)

ANTICIPATED

COMPLETION

DATE

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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SIGNED ON BEHALF OF TENDERER:



T2.2




CONTRACT NO. 25G/2009/10



SCHEDULE 4 : SCHEDULE OF IMPLEMENTATON EXPERIENCE

The tenderer shall insert in the spaces provided below a list of similar implementation contracts awarded to him and those currently being undertaken.

COMPLETED CONTRACTS

EMPLOYER

(NAME, TEL No.

AND FAX No.)

ENGINEER

(NAME, TEL No.

AND FAX No.)

NATURE OF WORK

VALUE

OF

WORK

R(m)

DATE

COMPLETED



T2.2


CURRENT CONTRACTS

EMPLOYER

(NAME, TEL No.

AND FAX No.)

ENGINEER

(NAME, TEL No.

AND FAX No.)

NATURE OF WORK

VALUE

OF

WORK

R(m)

ANTICIPATED

COMPLETION

DATE


SIGNED ON BEHALF OF TENDERER: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



T2.2




CONTRACT NO. 25G/2009/10



SCHEDULE 5 : COSTS FOR STAFF AND OTHER RESOURCES FROM IN RSA AND OVERSEAS

The tenderer shall insert in the spaces provided below an assessment of the number of man-days and the Rand value of time to be claimed through contract payments as incurred through employing professional and other human resources on the Contract, sourced in South Africa and overseas.

MAN-HOURS AND RAND VALUE CLAIMED FOR CONTRACT STAFF

ITEM DESCRIPTION

PROFESIONAL STAFF

SOURCED IN RSA

PROFESIONAL STAFF

SOURCED OVERSEAS

TOTALS

1 DESIGN

2 INSTALLATION

3

TRAINING

4 OPERATIONS

5 MAINTENANCE

TOTALS

PERCENTAGE 100%


SIGNED ON BEHALF OF TENDERER:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



T2.2


The tenderer shall insert in the spaces provided below an assessment of the projected contract payments in

Rands for all equipment, parts, software, leases and other costs for all aspects of the Contract, sourced in South

Africa and overseas.

PROJECTED CONTRACT PAYMENTS: EQUIPMENT, PARTS AND SOFTWARE ETC

R MILLION

SOURCED

OVERSEAS

TOTAL

1 DESIGN

2 INSTALLATION

3 TRAINING

4 OPERATIONS

5 MAINTENANCE

TOTALS

PERCENTAGE


100%

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



T2.2




CONTRACT NO. 25G/2009/10



SCHEDULE 6 : SCHEDULE OF SUBCONTRACTORS

We notify you that it is our intention to employ the following Subcontractors for work in this contract.

Acceptance of this tender shall not be construed as approval of all or any of the listed subcontractors.

Should any of the subcontractors not be approved subsequent to acceptance of the tender, this shall in no way invalidate this tender, and the tendered unit rates for the various items of work shall remain final and binding, even in the event of a subcontractor not listed below being approved by the Engineer.

SUBCONTRACTORS

Person/Phone/Fax/Details Of

Organisation/Firm Experience

Items of work (pay items) to be undertaken by the

Subcontractor

TOTAL (Excluding VAT)



Estimated

Cost of Work

(Rand)



T2.2




CONTRACT NO. 25G/2009/10



SCHEDULE 7 : DETAILS OF EXPERIENCE OF KEY PROFESSIONAL PERSONNEL

Tenderers shall set out in the Schedule hereunder details of the experience of Key Personnel in work of a similar nature to that for which their Tender is submitted. The tenderer is referred to clause F.2.1.5 of the

Tender Data and shall insert in the spaces provided below details of the Key Personnel required to be in the employment of the tenderer or contracted to the tenderer, in order for the tenderer to be eligible to submit a tender for this project. The Curriculum Vitae of each individual must also be appended to this schedule. The information provided in this schedule will assist in determining whether the tenderer meets the minimum mandatory requirements as specified by the position descriptions in clause F.2.1.5. Additional sheets may be appended to this schedule.

CONTRACTOR’S REPRESENTATIVE

NAME LIST ALL TERTIARY

EDUCATION

QUALIFICATIONS

OBTAINED

(QUALIFICATIONS

OBTAINED, YEAR,

INSTITUTIONS)

PROFESSIONAL

REGISTRATION

NO (IF

APPLICABLE)

EXPERIENCE: LIST THE

POSITIONS AND DURATION OF

TIME (MONTHS) IN POSITIONS;

AND/OR THE PROJECTS AND

DURATIONS OF PROJECTS


PROPOSED

NUMBER OF

MONTHS

AVAIABLE FOR

CONTRACT



T2.2


LEAD DESIGN PROFESSIONAL


EDUCATION

QUALIFICATIONS

OBTAINED

(QUALIFICATIONS

OBTAINED, YEAR,

INSTITUTIONS)

PROFESSIONAL

REGISTRATION

NO (IF

APPLICABLE)







LEAD IMPLEMENTATION PROFESSIONAL


EDUCATION

QUALIFICATIONS

OBTAINED

(QUALIFICATIONS

OBTAINED, YEAR,

INSTITUTIONS)

PROFESSIONAL

REGISTRATION

NO (IF

APPLICABLE)







PROPOSED

NUMBER OF

MONTHS

AVAIABLE FOR

CONTRACT

PROPOSED

NUMBER OF

MONTHS

AVAIABLE FOR

CONTRACT



T2.2


OPERATIONS MANAGER


EDUCATION

QUALIFICATIONS

OBTAINED

(QUALIFICATIONS

OBTAINED, YEAR,

INSTITUTIONS)

PROFESSIONAL

REGISTRATION

NO (IF

APPLICABLE)







MAINTENANCE MANAGER


EDUCATION

QUALIFICATIONS

OBTAINED

(QUALIFICATIONS

OBTAINED, YEAR,

INSTITUTIONS)

PROFESSIONAL

REGISTRATION

NO (IF

APPLICABLE)







PROPOSED

NUMBER OF

MONTHS

AVAIABLE FOR

CONTRACT

PROPOSED

NUMBER OF

MONTHS

AVAIABLE FOR

CONTRACT



T2.2


SUPPORT DESIGN STAFF RESOURCES

NAMES LIST ALL TERTIARY

EDUCATION

QUALIFICATIONS

OBTAINED

(QUALIFICATIONS

OBTAINED, YEAR,

INSTITUTIONS)

PROFESSIONAL

REGISTRATION

NO (IF

APPLICABLE)







SUPPORT IMPLEMENTATION STAFF RESOURCES


EDUCATION

QUALIFICATIONS

OBTAINED

(QUALIFICATIONS

OBTAINED, YEAR,

INSTITUTIONS)

PROFESSIONAL

REGISTRATION

NO (IF

APPLICABLE)







PROPOSED

NUMBER OF

MONTHS

AVAIABLE FOR

CONTRACT

PROPOSED

NUMBER OF

MONTHS

AVAIABLE FOR

CONTRACT



T2.2


OTHER STAFF RESOURCES


EDUCATION

QUALIFICATIONS

OBTAINED

(QUALIFICATIONS

OBTAINED, YEAR,

INSTITUTIONS)

PROFESSIONAL

REGISTRATION

NO (IF

APPLICABLE)







SIGNED ON BEHALF OF THE TENDERER: …………………………………….

PROPOSED

NUMBER OF

MONTHS

AVAIABLE FOR

CONTRACT



T2.2




CONTRACT NO. 25G/2009/10



SCHEDULE 8 : TENDERER’S UNDERTAKING TO EMPLOY KEY PERSONNEL

The tenderer must guarantee that the key professionals that will be employed on the Contract will be available at the commencement of the Contract and for the duration of the activity with which they will be employed on Contract. Failure to make this undertaking will disqualify the tender.

I, ……………………………………………… undertake on behalf of the Tenderer to have the following key personnel listed in Schedule 7 in the employment of the Tenderer at date of the close of tender:

SIGNED ON BEHALF OF THE TENDERER: ……………………………………………………………………….

CONTRACTOR’S REPRESENTATIVE

LEAD DESIGN PROFESSIONAL

SUPPORT DESIGN PROFESSIONAL

SUPPORT DESIGN PROFESSIONAL

LEAD IMPLEMENTATION

PROFESSIONAL

IMPLEMENTATION PROFESSIONAL

IMPLEMENTATION PROFESSIONAL

OPERATIONS MANAGER

MAINTENANCE MANAGER

Note: Key details and Curriculum Vitae of these personnel are to form part of Schedule 7.



T2.2




CONTRACT NO. 25G/2009/10



SCHEDULE 9 : WORK PLAN AND TIMELINES

The tenderer shall append his proposed work plan and methodology and timelines required under Clause

F.3.11.9 of the Tender Data to this Schedule.

The work plan must indicate the approach and methodology that the tenderer intends following in order to reach the required outcomes. The work plan must show that the tenderer has appreciated the Scope of Work, and has good insight as to what actions or activities are required in order to comply with the Employer’s objectives. The proposed work plan is an important document based upon which up to 16 tender evaluation points for quality will be awarded. Tenderers should however endeavour to keep their submissions in this regard to a maximum of

25 pages.

SIGNED ON BEHALF OF THE TENDERER : …………………………………………………………………………



T2.2




CONTRACT NO. 25G/2009/10



SCHEDULE 10 : DETAILS OF TENDERER’S WORKSHOP FACILITIES

The tenderer shall state below what workshop facilities will be available for this Contract.

...................................................................................................................................................................................................

...................................................................................................................................................................................................

...................................................................................................................................................................................................

...................................................................................................................................................................................................

...................................................................................................................................................................................................

...................................................................................................................................................................................................

Address of Workshop ..............................................................................................................................................................

...................................................................................................................................................................................................

...................................................................................................................................................................................................

...................................................................................................................................................................................................

Number of Artisans Normally

Employed by Firm ..................................................................................................................................................................

..................................................................................................................................................................

Number of Technically Qualified

Persons Employed ...........................................................................................................................


: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



T2.2




CONTRACT NO. 25G/2009/10



SCHEDULE 11 : TAX CLEARANCE CERTIFICATE

An original valid Tax Clearance Certificate from the South African Revenue Service (SARS) shall be attached to this Schedule or proof that the tenderer has made arrangements with SARS to meet his or her outstanding tax obligations.

Each party to a Consortium/Joint Venture shall submit a separate Tax Clearance Certificate, or proof that he or she has made the necessary arrangements with SARS.




T2.2




CONTRACT NO. 25G/2009/10



SCHEDULE 12 : BARGAINING COUNCIL CERTIFICATE

Where applicable, a certificate of compliance issued by the relevant Bargaining Council shall be attached to this schedule.




T2.2




CONTRACT NO. 25G/2009/10



SCHEDULE 13 : FINANCIAL STATEMENTS FOR CONTRACTS OVER R10 MILLION

Tenderers are referred to Clause F.2.18.1 and shall attach all the required documentation to this Schedule where a tender price exceeds R10 million.

Each party to a Consortium/Joint Venture shall submit a separate set of documents.




T2.2




CONTRACT NO. 25G/2009/10

DESIGN, SUPPLY, DELIVERY, INSTALLATION, TESTING, COMMISSIONING AND MAINTENANCE OF THE IRT

CONTROL CENTRE HARDWARE AND SOFTWARE SYSTEMS

SCHEDULE 14 : PARTICULARS OF CONTRACTS AWARDED TO TENDERER DURING PAST FIVE YEARS

The tenderer shall insert in the spaces provided below a list of the particulars of any contracts awarded to the tenderer by an organ of state during the past five years, including particulars of any material non-compliance or dispute concerning the execution of such contract.

ORGAN OF STATE

(NAME, TEL No.

AND FAX No.)

DESCRIPTION OF

CONTRACT

DATE

COMPLETED/

CURRENT

DETAILS OF NON-

COMPLIANCE OR DISPUTE,

IF ANY

VALUE

OF

WORK

R(m)



T2.2

Returnable Schedules Part T2: Returnable documents




CONTRACT NO. 25G/2009/10



SCHEDULE 15: CONFIRMATION OF REGISTRATION ON CoCT SAP VENDOR DATABASE

COMPANY NAME

REGISTERED

YES/NO

REGISTRATION NUMBER

IF APPLICABLE

Tenderers who are not registered and verified on the CoCT SAP Vendor Database are not precluded from submitting tenders, but must be registered prior to the evaluation of tenders in order for their tenders to be responsive.

In this regard it is the sole responsibility of tenderers to ensure that this requirement is complied with. In the case of

Joint Venture Partnerships this requirement will apply to each party to the Joint Venture.


. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



T2.2




CONTRACT NO. 25G/2009/10



SCHEDULE 16 : HEALTH AND SAFETY PLAN

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 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 Works 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 programme 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 when drawing up the

Health and Safety Plan for the contract.

Details of the Health and Safety Plan shall be appended to this Schedule.



: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



T2.2




CONTRACT NO. 25G/2009/10



SCHEDULE 17 : DECLARATION IN TERMS OF THE MUNICIPAL FINANCE MANAGEMENT ACT (No. 56 of 2003)

Item Question

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

(Companies or persons who are listed on this database were informed in writing of this restriction by the National Treasury after the audi alteram partem rule was applied).

1.1.1 If so, furnish particulars:

1.2 Is the Tenderer or any of its directors listed on the Register for Tender Defaulters in terms of section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004)?

(To access this Register enter the National Treasury’s website, www.treasury.gov.za

, click on the icon “Register for Tender Defaulters” or submit your written request for a hard copy

of the Register to facsimile number (012) 3265445).

Yes No

Yes No

Yes No


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

Yes No


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

Yes


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


CERTIFICATION

I, THE UNDERSIGNED (FULL NAME) …………..……………………………................................................……

CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM TRUE AND CORRECT.

Yes

No

No

I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT, ACTION MAY BE TAKEN AGAINST ME

SHOULD THIS DECLARATION PROVE TO BE FALSE.

…………………………..

Name

*where the entity tendering is a joint venture, each party to the joint venture must sign a declaration in terms of the Municipal Finance Management Act and attach it to this schedule



T2.2




CONTRACT NO. 25G/2009/10



SCHEDULE 18 : CERTIFICATE FOR MUNICIPAL SERVICES AND PAYMENTS TO SERVICE PROVIDER

To: THE CITY MANAGER, CITY OF CAPE TOWN

C E R T I F I C A T E F O R M U N I C I P A L S E R V I C E S

A N D P A Y M E N T S T O S E R V I C E P R O V I D E R

Information required in terms of the City’s Supply Chain Management Policy, Clauses 45.1 and 112.2

BID NO: 25G/2009/10: DESIGN, SUPPLY, DELIVERY, INSTALLATION, TESTING, COMMISSIONING AND

MAINTENANCE OF THE IRT CONTROL CENTRE HARDWARE AND SOFTWARE SYSTEMS

NAME OF THE BIDDER: ………………………………………………………………………………………..

FURTHER DETAILS OF THE BIDDER/S; Proprietor / Director/s / Partners, etc:

Physical Business address of the Bidder Municipal Account number(s)

Identity Number

If there is not enough space for all the names, please attach the additional details to the Bid Document

Name of Director /

Member / Partner

Municipal

Account number(s)

Physical residential address of

Director / Member / Partner

I, ____________________________________________________________________________, the undersigned,

(full name in block letters ) certify that the information furnished on this declaration form is correct and that I/we have no undisputed commitments for municipal services towards a municipality or other service provider in respect of which payment is overdue for more than 30 days.

________________________________________

Signature

THUS DONE AND SIGNED for and on behalf on the Bidder / Contractor at ……………………………………………….. on the ………. day of ……………………….……… 20…….

(PLACE) (DATE) (MONTH) (YEAR)

Please Note:

Even if the requested information is not applicable to the Bidder, the table above should be endorsed Not

Applicable and THIS DECLARATION MUST STILL BE SIGNED

T2.2





CONTRACT NO. 25G/2009/10



SCHEDULE 19 : AUTHORISATION FOR THE DEDUCTION OF OUTSTANDING AMOUNTS OWED TO COUNCIL

To: THE CITY MANAGER, CITY OF CAPE TOWN

From: _________________________________________________________

(Name of Bidder or consortium)

AUTHORISATION FOR THE DEDUCTION OF OUTSTANDING AMOUNTS OWED TO COUNCIL

Extract from Supply Chain Management Policy, Clause 45.1:

“The City Manager may reject the bid or quote of any person if that person or any of its directors has:

45.1 failed to pay municipal rates and taxes or municipal service charges and such rates, taxes and charges are in arrears for more than three months; …”

I, THE UNDERSIGNED, __________________________________________________________________________,

(FULL NAME IN BLOCK LETTERS

) hereby authorise the City of Cape Town to deduct the full amount outstanding by the business organisation / Director /

Partner, etc from any payment due to us / me.

…………………………………………………………….

Signature

THUS DONE AND SIGNED for and on behalf of the Bidder / Contractor at ……………………………………………….. on the ………. day of ……………………….……… 20…….

(PLACE) (DATE) (MONTH) (YEAR)



T2.2




CONTRACT NO. 25G/2009/10



SCHEDULE 20 : RECORD OF ADDENDA TO TENDER DOCUMENTS (ANNEX K)

We confirm that the following communications received from the Employer before the submission of this tender offer, amending the tender documents, have been taken into account in this tender offer:

Date

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

Attach additional pages if more space is required.

Signed

Name

Tenderer

Date

Position



T2.2




CONTRACT NO. 25G/2009/10



SCHEDULE 21 : DEVIATIONS AND QUALIFICATIONS BY TENDERER

The Tenderer should record any deviations or qualifications to the requirements of the tender documents in this

Returnable Schedule. Alternatively, a tenderer may state such deviations and qualifications in a covering letter attached to his tender and reference such letter in this schedule.

The Tenderer’s attention is drawn to clause F.3.8 of the Standard Conditions of Tender referenced in the Tender Data regarding the Employer’s handling of material deviations and qualifications, and to clause F.2.13.1(i) Deviations from

Specification in the Tender Data.

If no deviations or modifications are made, the schedule hereunder is to be marked NIL and signed by the Tenderer.

No alternative Tender will be considered unless a Tender free of qualifications and strictly on the basis of the Tender

Documents is also submitted.

PAGE/ITEM CLAUSE/DESCRIPTION



T2.2





CONTRACT NO. 25G/2009/10



SCHEDULE 22 : PREFERENCING SCHEDULE

Preferencing Schedule where preferences are granted in respect of HDI Participation

1 Definitions

The following definitions shall apply to this schedule:

Equity ownership: The percentage of an enterprise or business owned by individuals or, in respect of a company, the percentage of the company’s shares that are owned by individuals, who are actively involved in the management of an enterprise or business and exercise control over the enterprise, commensurate with their degree of ownership at the closing date of the tender.

Note:

All claims for HDI equity ownership by an HDI will be considered according to the following criteria:

- equity within private companies will be based on the percentage of equity ownership;

- preference points will not be awarded to public companies and tertiary institutions;

- equity claims for a trust will only be allowed in respect of those persons who are both trustees and beneficiaries and who are actively involved in the management of the Trust; and

- a consortium or joint venture may, based on the percentage of the contract value managed or executed by their

HDI members, be entitled to equity ownership.

Historically disadvantaged individual (HDI): A South African citizen a) who, due to the apartheid policy that had been in place, had no franchise in national elections prior to the introduction of the Constitution of the RSA, 1983 (Act 110 of 1983) or the Constitution of the RSA, 1993 (Act 200 of 1993) (the interim b)

Constitution), or who is a female; or c) who has a disability; provided that a person who obtained South African citizenship on or after the coming to effect of the Interim Constitution, is deemed not to be an HDI;

Prime Contractor : For the purposes of calculating the contract participation goal in respect of HDI participation (CPG

1

) a prime contractor shall be defined as the organisation named on the Form of Offer and Acceptance, whose offer has been accepted by the Employer.

Sub-Contractor : For the purposes of calculating the contract participation goal in respect of HDI participation (CPG

1

) a subcontractor shall be defined as a contractor employed by the Prime Contractor to execute construction work on the site (as defined in the General Conditions of Contract and the Scope of Work) by providing labour only or a combination of labour, plant, equipment and materials.

2 Conditions associated with the granting of preferences

The tenderer undertakes to:

1) achieve the tendered contract participation goal in respect of HDI equity ownership (CPG

1

) by means of one or more of the following:

• by virtue of his/her HDI Ownership percentage as a Prime Contractor (Method 1);

• by virtue of his/her HDI Ownership percentage in a Joint Venture Partnership (Method 2);

• by awarding contracts to HDI Sub-contractors (Method 3);

• by awarding contracts to HDI supplier’s, manufacturers and services providers (Method 4).

Notes:

• Methods 1 and 2 afford the Prime Contractor/Joint Venture Partnership opportunity to obtain preference points for HDI participation based on the award value less the value of all sub-contractors (Method 3) and less the value of suppliers

(materials), manufacturers and service providers, which are claimed in Method 4. Methods 1 and 2 may not be claimed together.

• In Method 3 it is mandatory for the Prime Contractor/Joint Venture Partnership to list all his sub-contractors (irrespective of their HDI equity ownership) and the total value of all the sub-contractors will be deducted from the award value in

Methods 1 or 2 as applicable. This means that, if the total HDI percentage calculated for all sub-contractors in Method 3 is less than that of the Prime Contractor/Joint Venture Partnership, then a lower overall



T2.2


HDI participation percentage will be achieved and the tenderer must tender a lower contract participation goal accordingly.

• The value of work performed by sub-contractors shall be the fully inclusive prices claimed by the sub-contractors

(including labour, plant, equipment, materials, overheads, profits, etc.) but shall exclude VAT and the Prime Contractor’s mark-up.

• Method 4 affords the Prime Contractor/Joint Venture Partnership opportunity to claim additional HDI percentage where his suppliers (materials), manufacturers and services providers’ HDI percentage, in each case, are greater than his own

HDI percentage.

• The value of the suppliers, manufacturers and service providers’ contribution shall be the fully inclusive prices claimed by the suppliers, manufacturers and service providers, but shall exclude VAT and the Prime Contractor’s mark-up.

• The Employer reserves the right to reject a tender if, in the opinion of the Employer, the tenderer will be unable to achieve the contract participation goal tendered, in the performance of the contract.

• The attention of tenderers is draw to the fact that, in order to achieve HDI Participation goals in respect of subcontractors, suppliers, manufacturers and/or service providers, the Contractor shall ensure that all such are registered and verified on the Western Cape Supplier Database. The Employer shall not accept any claim for achieving HDI participation in respect of the Contractor, sub-contractors, etc. unless they are all registered and verified. For further enquires in this regard contact the TradeWorld WCSD Help Desk on 0861-225577 or 021-680 4600, or e-mail: supplierdatabase@tradeworld.net

2) complete the supporting HDI Contract Participation Goal Calculation (CPG

1

) contained in Annex A attached;

3) complete the Tender Preference Claim in respect of HDI participation contained in Section 4 below;

4) deliver to the Employer, within 5 working days of being requested in writing to do so, a Joint Venture Agreement, should a joint venture be proposed at prime contract level;

5) deliver to the Employer, within 5 working days of being requested in writing to do so, a HDI Participation Declaration Affidavit in respect of all HDI owned enterprises engaged at prime contract level to satisfy Contract Participation Goal undertakings;

6) accept the sanctions set out in Section 3 below should such conditions be breached.

3 SANCTIONS

In the event that the Tenderer fails to substantiate that any failure to achieve the Contract Participation Goal relating to the granting of a preference was due to quantitative under runs, the elimination of items, or any other reason beyond the Contractor’s control which may be acceptable to the Employer, it shall be liable to pay to the Employer a financial penalty calculated in the following manner:

P = 0,15 x (D – Do) x N

A

(100) where D

Do

N

A

P

= tendered Contract Participation Goal percentage.

= the Contract Participation Goal which the Employer’s representative based on the credits passed,

=

= certifies as being achieved upon completion of the Contract.

Net Amount (as per value

(A)

Annex A attached)

Rand value of penalty payable

4 TENDER PREFERENCE CLAIM IN RESPECT OF HDI PARTICIPATION

I / WE HEREBY TENDER A CONTRACT PARTICIPATION GOAL OF

PARTICIPATION (CPG

1

) IN ORDER TO CLAIM A PREFERENCE . ..............% IN RESPECT OF HDI

Where no figures are inserted in the above claim the tendered Contract Participation Goal in respect of HDI Participation

(CPG

1

) will be deemed to be nought. Where discrepancy occurs between the figures on this declaration and any other supporting calculations this declaration shall take precedence.

The undersigned, who warrants that he / she is duly authorised to do so on behalf of the firm, sole proprietor or Joint Venture confirms that he / she understands the conditions under which such preferences are granted and confirms that the tenderer satisfies the conditions pertaining to the granting of tender preferences

.

Signature : ...............................................................................................................................……….....

Name : .......................................................................................................................................………...

Duly authorised to sign on behalf of ............................................................................................………

Telephone : ......................................................................

Fax : ......................................................................... Date : ...............................................................

SUPPORTING HDI CONTRACT PARTICIPATION GOAL CALCULATION

Annex A: HDI Contract Participation Goal calculation attached



T2.2


Annex A

HDI CONTRACT PARTICIPATION GOAL CALCULATION

This annex shall be used by Tenderers to calculate their tendered HDI Contract Participation for a given Contract.

2.

1. TENDER

Sum tendered exclusive of VAT

Less Provisional sums

R

R

.............................................

.............................................

Less allowances, if any, for contingencies and escalation provided by the Employer R .............................................

Net Amount R .............................................

NOTE: The Contract Participation percentage is based on the Net Amount.

ATTAINING THE HDI CONTRACT PARTICIPATION PERCENTAGE

(A)

I/We intend achieving the Contract participation percentage by means of one or a combination of the following methods (tick the box(es) which are applicable):

Method #1 by virtue of my/our HDI Ownership percentage as a Prime Contractor

Method #2 by virtue of my/our HDI Onwership percentage in a Joint Venture partnership

Method #3 by awarding contracts to HDI sub-contractors

(mandatory to complete)

Method #4 by awarding contracts to HDI suppliers, manufacturers and service providers

Refer to notes contained in Section 2: Conditions associated with the granting of preferences in the

Preferencing Schedule where preferences are granted in respect of HDI participation.

3. SUMMARY HDI CONTRACT PARTICIPATION PERCENTAGE

Complete the following in respect of each selected method:

3.1 Method #1: by virtue of my/our HDI ownership percentage as a Prime Contractor

% HDI equity ownership of Prime Contractor

Net Amount (from 1. above)

Less: Value of work performed by sub-contractors (from 3.3

Method #3)

Sub-Total

Less: Value of Contracts that will be awarded to suppliers, manufacturers and service providers (which have a higher percentage HDI ownership than the Prime

Contractor (from 3.4 method #4))

Prime contract value towards HDI participation

.........................................% (B)

.......................................... (A)

(E

1

)

% HDI equity ownership towards participation percentage

(carry to Section 4)

= (B)% x (E

1

)

(A)

=

........................................% (F)



T2.2


3.2 Method #2: by virtue of my/our HDI ownership percentage in a Joint Venture Partnership

Net Amount (from 1. above) (A)

Less: Value of work performed by sub-contractors (from 3.3 Method #3)

( )

Sub-Total

Less: Value of Contracts that will be awarded to suppliers, manufacturers and service providers (which have a higher percentage HDI ownership than the Prime Contractor)

(from 3.4 method #4)

Prime contract value toward HDI participation

( )

(E

2

)

Name of Joint Venture Partner % HDI equity ownership towards participation percentage

% HDI equity ownership

(B)

Value of (E

2

)performed by each JV Partner

(G)

=

(B)

% x (G)

(A)

% %

% %

% %

% %

Total Prime Contract Value towards HDI participation

R

Total Joint Venture % HDI equity ownership towards participation percentage (carry to Section 4.) %

(E

2

(H)

)



T2.2


3.3 Method #3: by awarding contracts to sub-contractors

Note: It is mandatory to list all sub-contractors (irrespective of their HDI equity ownership).

Sub-contractors

(employed by Prime Contractor)


(I)

Value of work to be undertaken

(J)

% HDI equity ownership towards participation percentage

(I)

% x (J)

(A)

%

%

%

%

%

%

%

%

%

%

(C) Value of work performed by sub-contractors R

Total Sub-Contractors % HDI equity ownership towards participation percentage (carry to Section 4.) % (K)



T2.2


4.

3.4 Method #4: by awarding contracts to HDI suppliers, manufacturers and service providers

HDI suppliers, manufacturers and service providers

(employed by Prime Contractor)


(L)

Value of contribution

(M)

% HDI equity ownership towards participation percentage

(L) % x (M)

(A)

%

%

%

%

%

%

%

%

%

%

Value of contribution by suppliers, manufacturers and service providers R

Total supplier etc. % HDI Equity ownership towards participation percentage (carry to Section 4.)

(D)

% (N)

TOTAL HDI CONTRACT PARTICIPATION PERCENTAGE

Total for Method #1 (refer 3.1)

OR

Method #2 (refer 3.2)

AND/OR


AND/OR


TOTAL HDI CONTRACT PARTICIPATION PERCENTAGE CARRIED

TO SECTION 4 OF THE PREFERENCING SCHEDULE (CPG

1

)

..........................................%

..........................................%

..........................................%

..........................................%

..........................................%

(F)

(H)

(K)

(N)



T2.2




CONTRACT NO. 25G/2009/10



SCHEDULE 23 : CORRESPONDENCE WITH BUS MANUFACTURERS

See Section C3.9 in Volume 2B.

Date of Correspondence Bus Supplier Contact Person

SIGNED ON BEHALF OF TENDERER: …………………………………….

T2.2





CONTRACT NO. 25G/2009/10



SCHEDULE 24 : TECHNICAL DATA SHEETS

PREAMBLE

The relevant schedule shall be completed for each tender submitted.

Full technical answers shall be provided. The following answers will not be unacceptable and tenderers need to provide sufficient comment in the Schedule to allow evaluation:

“Comply”

“Refer technical data”

“See attached”, etc.



T2.2


Item Requirement

Detailed Specification: Design - C3.2

1

The Design Process will follow the Systems Design

Process outlined in Specifications

Comply

(Y/N)

2

A preliminary design on which the tender and the prices for the tender are based is attached to the tender

Detailed Specification: Onboard Systems - C3.9

1

GPS Tracking and AVL:

1.a

The AVL shall provide a positional accuracy of +/-

15 meters, 95% of the time.

1.b

The GPS position shall be updated every 5 seconds or less

1.c

Vehicle location computation lag time shall not exceed two (2) seconds

2

Dynamic route display on front of bus:

2.a

Automated operation that requires no interaction by the operator to trigger announcements

3

3.a

CCTV cameras and on-board recording equipment:

The DVR shall be installed such that it is tamper proof and only authorised personnel can gain access to it

3.b

The DVR shall have enough storage capacity to record 18 hours per day for 3 days at the stated frame rate and resolution for up to four cameras.

4

4.a

5

5.a

Driver panic button:

Activation of the overt/covert alarm shall initiate continuous tracking of the vehicle with highest priority being given to the vehicle for data communications.

GPRS links to control centre:

The Mobile Wireless Router (MWR) to be supplied shall be a cellular access platform designed to transport mixed generation Radio Access Network

(RAN) traffic.

Comments

Tender

Part T2: Returnable Documents

Reference No: 25G/2009/10 60

T2.2

Returnable Schedules


6

Comply

(Y/N)

High bandwidth wireless LAN links to network in depots:

6.a

The wireless LAN access points shall be based on

802.11g technology, and shall be compatible with the wireless LAN cards on the buses.

6.b

A sufficient number of wireless LAN access points shall be provided to provide a minimum 10Mbs coverage throughout all bus parking areas and driveways.

6.c

The complete docking procedure for busses shall not exceed 10 minutes from the time of arrival in the depot.

7

7.a

Radio communication with traffic signals:

The bus priority system where possible, should make use of commercially available, off-the-shelf components, with well-established records of reliability and performance, within the region.

7.b

Shall be integrated with other on-board systems, using relevant standards.

7.c

Shall transmit relevant bus information that will be used to prioritize conflicting priority requests.

7.d

8

8.a

Shall validate the data transmitted from the approaching vehicle and identify whether the vehicle in question is authorized in the TSP system or not.

Communication with driver, visual and/or audible:

The MDT display must be readable in direct sunlight and must offer a low-glare setting for night time operation.

8.b

The MDT shall be the minimum size feasible within these requirements and human factors design constraints.

8.c

The MDT shall include functionality to send predefined messages to central control.

9

9.a

Dynamic information to passengers:

The ASA system shall provide visual and audio next-stop announcement acceptable to people with disabilities.

9.b

Shall include functionality for automated operation that requires no interaction by the operator to trigger announcements

Tender



Comments

T2.2



Detailed Specification: Control Centre - C3.10

1

Bus scheduling software and hardware:

1.a

The AVL stop and station database shall utilize a stop identification numbering system as assigned by City of Cape Town

1.b

1.c

The system shall provide for the import of stop and route mapping data using common or industry standard file formats and City of Cape Town standard formats.

The scheduling and routing software should allow for scheduling of typical IRT trunk and feeder services where the trunk vehicles will run along fixed routes.

1.d

The scheduling and routing software should allow for easy and efficient scheduling of subscription and demand-response trips

Comply

(Y/N)

2

2.a

Tracking of buses and scheduling adherence:

The central processing system shall provide a realtime AVL interface to external systems to provide the location of all APC/AVL and AVL-only equipped buses

2.b

The AVL map system shall be based on standard digital GIS data provided by the City of Cape Town.

2.c

The AVL shall automatically reconcile VWM data with route, trip and stop information provided by

City of Cape Town scheduling systems.

2.d

The AVL interface shall supply current route variant and block/run/route/trip ID.

2.e

The base polling frequency for updates to the location of each bus shall be no longer than every

60 seconds and in no event greater than every 90 seconds.

2.f

Schedule adherence shall be determined on the vehicles and communicated to the central system for display on the CAD workstations.

2.g

The CAD system shall generate an off-route alarm for vehicles deviating from routes by a configurable distance.

Comments

Tender



T2.2



3

Comply

(Y/N)

The management and control of passenger and other information:

3.a

The central processing system shall create and manage all VWM and AVL configuration data and reports

3.b

The CAD system shall display the estimate bus loading level, updated in real time as bus locations are polled.

3.c

The system shall alert operators when a bus is operating over its capacity.

3.d

The CAD system shall include the ability to alert operators when a timed transfer will be missed and a decision is needed.

3.e

DRS shall provide predefined reports enabling City of Cape Town to compare system performance against standard industry benchmarks.

3.f

The DRS shall provide a means for City of Cape

Town staff to develop and generate customized reports.

3.g

The DRS shall provide a means for City of Cape

Town staff to develop and generate customized database queries and exports.

3.h

The Traveller Information System shall include an interactive web site for fixed-route services.

3.i

The web site shall have the capacity to display the expected arrival time, based on real-time AVL data, of the next two buses on each route, at any published time point and at any stop along a route.

4

4.a

Incident management along the IRT corridors:

The central processing system shall be sensitive to and react to any alarms activated by bus drivers, station attendants, CCTV cameras or intruder detection alarms.

4.b

The system shall notify City of Cape Town

Customer Service automatically of significant service disruptions, such as unusual delays, incidents, reroutes, or missed trips.

4.c

The identification of supervisor and support vehicles closest to an individual bus trip selected by the operator. The operator shall be able to assign a response to the closest available support vehicles.

Tender



Comments

T2.2



5

5.a

Emergency calls and dispatching of assistance:

The CAD system shall provide an audible and visual alert to Dispatch, Radio Supervisor, and others using the system when an emergency alarm is activated.

Comply

(Y/N)

5.b

The CAD system shall support both covert alarms and overt alarms.

Comments

5.c

When receiving an alarm the CAD system shall zoom and centre the map display on the alarming vehicle at the discretion of the operator.

6

6.a

Visual surveillance of stations and network for control and security:

The DVMS system shall provide operator control of

PTZ drives and camera selection, as well as automated sequences and alarm responses.

6.b

The NVRS shall provide continuous, time scheduled and alarm recording of all cameras connected to the network and fast and easy to use video retrieval.

6.c

Video storage of all cameras shall be for at least 3 days.

7

7.a

High bandwidth communication links to buses, stations, the control centre and depots:

The central processing system shall manage the communications with all VWM/AVL equipped vehicles

7.b

The system shall be designed for continuous operation without the need to manually “reboot” computers or devices.

7.c

7.d

System availability shall be 97% or better. For central systems, availability shall be determined by dividing total out-of-service time by total operating time.

Emergency Alarms/intruder detection alarm/etc should be detected within 2 second and streaming video of the affected area must be immediately available.

Tender



T2.2



Detailed Specification: Smart Trunk Stations - C3.11

1

1.a

CCTV cameras inside the station :

A Digital Video Surveillance System shall provide the operators in the trunk station kiosk and Control

Centre with the means to survey the entire trunk station.

Comply

(Y/N)

1.b

The cameras must be tamper proof with the necessary alarms and video analytics

1.c

It is preferred that all video streams will be H.264 encoded.

1.d

The ticket kiosk must be provided with one video monitor to display video feed from cameras.

2

2.a

Dynamic electronic arrival times displayed on LCD:

The LCDs shall include functionality to display preset messages and/or real-time dynamic next bus arrivals to PT users.

2.b

When the bus arrival is within a designated number of minutes, the SBS shall emit a tone or chime indicating that arrival is imminent.

2.c

Clearly legible under full range of ambient illumination conditions at full intensity from any viewing distance within 1 meter to 25 meters.

3

Emergency and Information IP intercoms:

3.a

Will be robust and vandal proof with hidden screws.

3.b

Will have 2 separate buttons for information and emergencies.

4

Infrared intruder detection system:

4.a

Will be IP based and connected to the TMC via the

IRT network.

4.b

Will be fully configurable and managed from the

TMC.

Comments

Tender



T2.2



Detailed Specification: Smart Feeder Stations - C3.12

1

CCTV camera and encoder/recorder:

Comply

(Y/N)

1.a

Will be a small, keyhole sized camera.

1.b

The video recorder will be sufficiently compact to fit into the space available in the VMS enclosure.

1.c

The SD/SDHC memory card will have sufficient capacity to store at least 24 hours of video footage.

2

Emergency and Information IP intercom:

2.a

Will be robust and vandal proof with hidden screws.

2.b

Will have 2 separate buttons for information and emergencies.

3

3.a

Dynamic VMS:

The VMS will employ ultra bright amber text utilising high-performance wide-angle LED’s, with a vandal-resistant screen.

3.b

The entire surface of the VMS will be evenly illuminated with a minimum viewing angle of 110 degrees.

Detailed Specification: Bus Depots - C3.13

1

CCTV camera:

1.a

The cameras must be tamper proof with the necessary alarms and video analytics

1.b

It is preferred that all video streams will be H.264 encoded.


Comments

Tender



T2.2




CONTRACT NO. 25G/2009/10



SCHEDULE 25 : PRICE BASIS FOR IMPORTED EQUIPMENT

See Part C2: Pricing Data for Returnable Schedule 25 attached to C2.1 Pricing Instructions.




T2.2



Pages

C1.1 Form of Offer and Acceptance (Agreement) ..............................72 – 75

C1.2 Contract Data...............................................................................76 – 102

C1.3 Form of Performance Security - Demand Guarantee............103 – 104

C1.4 Occupational Health and Safety Agreement ..........................105 – 106



C1

Agreements and Contract Data



CONTRACT NO. 25G/2009/10



C1.1 Form of Offer and Acceptance

Offer

The Employer, identified in the Acceptance signature block, has solicited offers to enter into a contract for the procurement of:

CONTRACT NO. 25G/2009/10: DESIGN, SUPPLY, DELIVERY, INSTALLATION, TESTING, COMMISSIONING

AND MAINTENANCE OF THE IRT CONTROL CENTRE HARDWARE AND SOFTWARE SYSTEMS

The tenderer, identified in the offer signature block, has examined the documents listed in the tender data and addenda thereto as listed in the returnable schedules, and by submitting this offer has accepted the conditions of tender.

By the representative of the tenderer, deemed to be duly authorized, signing this part of this form of offer and acceptance, the tenderer offers to perform all of the obligations and liabilities of the contractor under the contract including compliance with all its terms and conditions according to their true intent and meaning for an amount to be determined in accordance with the conditions of contract identified in the contract data.

THE OFFERED TOTAL OF THE PRICES INCLUSIVE OF VALUE ADDED TAX IS:

Rand. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . (in words);

R . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (in figures)

This offer may be accepted by the Employer by signing the Acceptance part of this Form of Offer and Acceptance and returning one copy of this document to the tenderer before the end of the period of validity stated in the tender data, whereupon the tenderer becomes the party named as the Contractor in the conditions of contract identified in the contract data.

Signature(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Name(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the tenderer

(Name and . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . address of organization) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Name and signature of witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date . . . . . . . . . . . . . . . . . . . . . . . . . . .



C1.1

Form of Offer and Acceptance

Acceptance

By signing this part of this Form of Offer and Acceptance, the Employer identified below accepts the tenderer’s offer.

In consideration thereof, the Employer shall pay the Contractor the amount due in accordance with the conditions of contract identified in the contract data. Acceptance of the tenderer’s offer shall form an agreement between the

Employer and the tenderer upon the terms and conditions contained in this agreement and in the contract that is the subject of this agreement.

The terms of the contract are contained in:

Part C1: Agreements and contract data (which includes this agreement)

Part C2: Pricing data

Part C3: Scope of work

Part C4: Site information and drawings and documents or parts thereof, which may be incorporated by reference into Parts 1 to 4 above.

Deviations from and amendments to the documents listed in the tender data and any addenda thereto as listed in the tender schedules as well as any changes to the terms of the offer agreed by the tenderer and the employer during this process of offer and acceptance, are contained in the schedule of deviations attached to and forming part of this agreement. No amendments to or deviations from said documents are valid unless contained in this schedule.

The tenderer shall within two weeks after receiving a completed copy of this agreement, including the schedule of deviations (if any), contact the employer’s agent (whose details are given in the contract data) to arrange the delivery of any bonds, guarantees, proof of insurance and any other documentation to be provided in terms of the conditions of contract identified in the contract data. Failure to fulfill any of these obligations in accordance with those terms shall constitute a repudiation of this agreement.

Notwithstanding anything contained herein, this Agreement comes into effect on the date when the tenderer receives one fully completed original copy of this document, including the schedule of deviations (if any). Unless the tenderer (now Contractor

)

within five working days of the date of such receipt notifies the Employer in writing of any reason why he cannot accept the contents of this agreement, this agreement shall constitute a binding contract between the parties.

Signature(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Name(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the

Employer

CITY OF CAPE TOWN

Tower Block, Civic Centre,

12 Hertzog Boulevard

Cape Town

Name and . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . signature of witness Date . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



C1.1


Schedule of Deviations

Notes:

1.

2.

3.

The extent of deviations from the tender documents issued by the employer before the tender closing date is limited to those permitted in terms of the conditions of tender.

A tenderer's covering letter shall not be included in the final contract document. Should any matter in such letter, which constitutes a deviation as aforesaid, become the subject of agreements reached during the process of offer and acceptance, the outcome of such agreement shall be recorded here.

Any other matter arising from the process of offer and acceptance either as a confirmation, clarification or change to the tender documents and which it is agreed by the Parties becomes an obligation of the

4. contract shall also be recorded here.

Any change or addition to the tender documents arising from the above agreements and recorded here, shall also be incorporated into the final draft of the Contract.

1 Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2 Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3 Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4 Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

By the duly authorised representatives signing this agreement, the Employer and the tenderer agree to and accept the foregoing schedule of deviations as the only deviations from and amendments to the documents listed in the tender data and addenda thereto as listed in the returnable schedules, as well as any confirmation, clarification or changes to the terms of the offer agreed by the tenderer and the employer during this process of offer and acceptance.

It is expressly agreed that no other matter whether in writing, oral communication or implied during the period between the issue of the tender documents and the receipt by the tenderer of a completed signed copy of this

Agreement shall have any meaning or effect in the contract between the parties arising from this agreement.



C1.1


For the Tenderer:

Signature(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Name(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(Name and . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . address of organization/tenderer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


For the Employer:

Signature(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Name(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(Name and CITY OF CAPE TOWN address of Tower Block, Civic Centre, organization) 12

Cape




C1.1




CONTRACT NO. 25G/2009/10



C1.2 Contract Data

GENERAL CONDITIONS OF CONTRACT

The following standardized General Conditions of Contract:

General Conditions which form part of the Conditions of Contract for Plant and Design-Build (First

Edition) 1999 (FIDIC “Yellow Book”)

The Conditions of Contract (Yellow Book) are the Conditions of Contract for Plant and Design-Build for Electrical and Mechanical Works and for Building and Engineering Works Designed by the Contractor, First Edition 1999, available separately from the International Federation of Consulting Engineers (FIDIC).

Copies of these Conditions of Contract (Yellow Book) may be obtained from the South African Institution of Civil

Engineering (SAICE) (tel 011 805 5947) or the South African Association of Consulting Engineers (SAACE) (tel

011 463 2022).

Copies of the Conditions of Contract (Yellow Book) are also available for inspection and scrutiny at the offices of the Employer.

The Annexes and Forms bound in the Conditions of Contract (Yellow Book) shall not apply to this Contract and shall be replaced with the documentation bound into this tender document.

The General Conditions make reference to the Appendix to Tender and Particular Conditions (contained in the

Contract Data) which together with these conditions collectively describe the risks, liabilities and obligations of the contracting parties and the procedures for the administration of the Contract. The Contract Data shall have precedence in the interpretation of any ambiguity or inconsistency between it and the general conditions of contract.

The General Conditions shall be read in conjunction with the variations, amendments and additions set out in the

Appendix to Tender and Particular Conditions below. Each item of data given below is cross-referenced to the

Clause or Sub-Clause in the General Conditions to which it mainly applies.

The Foreword to the Conditions of Contract (Yellow Book) concludes with the following:

“In order to clarify the sequence of Contract activities, reference may be made to the charts on the next two pages and to the Sub-Clauses listed below (some Sub-Clause numbers are also stated in the charts). The charts are illustrative and must not be taken into consideration in the interpretation of the Conditions of Contract.

1.1.3.1 &

1.1.3.2 & 8.1

Base

Date

1.1.6.6 & 4.2

1.1.4.7 &

1.1.3.3 &

14.3

8.2

Interim Payment Certificate

Time for Completion (as extended under 8.4)

1.1.3.4 & 9.1

1.1.3.5 & 10.1 on

Certificate

1.1.3.6 &

1.1.3.7 &

1.1.4.4 &

12.1

11.1

Tests after Completion (if any)

Defects Notification Period (as extended under 11.3)

1.1.3.8 & 11.9 Performance

14.13 Final Payment Certificate”

The charts referred to above are reproduced on the following two pages, amended and amplified where necessary to conform to the Particular Conditions for this Contract. The charts are illustrative and must not be taken into consideration in the interpretation of the Conditions of Contract.



C1.2

Contract Data

Issue of the

Tender

Documents

Base

Date

Submission of the

Tender

Contractor receives fully completed Form of Offer and Acceptance on the Commencement Date

8.2 Time for Completion 1

7d ≤ 14d

10.1 Issue of Taking-

Over Certificate

Defects

Notification period 3

11.9 Issue of

Performance

Certificate

28d Delay to the Contractor 2

Notifying of

Defects

≤ 21d

Tender period

4.2, 8.1 and 18.1 Issue of the Performance

Security and

Insurances, and

Commencement of

Work

2.1 Access

to, and possession of, the Site

9.1 Tests on

Completion 4 and Trial

Operation

Period (actual)

Commencement of Trial

Operation Period

(programmed)

Remedying of Defects

Typical sequence of Principal Events during Contracts for Plant and Design-Build

4.2 Return of the

Performance

Security

(Modified to suit this Contract)

1. The Time for Completion is stated (in the Appendix to Tender) as a number of days, to which is added any extensions of time under Sub-Clause 8.4.

2. In order to indicate the sequence of events, the above diagram is based upon the example of the Contractor failing to comply with Sub-Clause 8.2.

3. The Defects Notification Period is stated (in the Appendix to Tender) as a number of days, to which is added any extensions under Sub-Clause 11.3.

4. Depending on the type of Works, Tests after Completion may also be required, if provided for in the Contract.



C1.2

Contract Data

Each of the monthly (or otherwise) interim payments

14.3 Contractor submits

Statement to the Engineer on or before 20 month th of the

14.6 Engineer issues

Interim Payment

Certificate

14.7 Employer makes the payment to the

Contractor between the

23 rd and 26 th of the ensuing month

No. of days for payment

≤ 21d

The final payment

Engineer verifies

Statement, Contractor submits information ≤ 28d

14.11 Contractor submits draft final statement to the

Engineer ≤ 14d after receipt of Performance Certificate

14.11 Contractor submits Final

Statement and the 14.12 discharge

Typical Sequence of Payment Events Envisaged in Clause 14

(Modified to suit this Contract) gives notice of the intention to refer a dispute to a Mediator

20.2 Parties appoint the

Mediator and mediation takes place in accordance with SANS 294 (6.9.2

Mediation)

Mediation unsuccessful

≤ 28d

14.13 Engineer issues Final

Payment

Certificate

14.7 Employer makes payment

20.3 If either

Party dissatisfied or mediation fails a party may initiate court proceedings

Mediation successful

Typical Sequence of Dispute Events Envisaged in Clause 20

(Modified to suit this Contract)

Parties record agreement



C1.2

Contract Data

APPENDIX TO TENDER

Part 1 : Contract Data completed by the Employer

Item

Employer's name and address ................. 1.1.2.2 & 1.3(b) CITY OF CAPE TOWN, represented by the

Executive Director: Transport Roads and

Stormwater, Tower Block, Civic Centre, 12

Hertzog Boulevard, Cape Town, 8001 and/or such other person or persons duly authorised

Engineer's name and address.................. 1.1.2.4 & 1.3(b) thereto by the Employer in writing; the

Employer is referred to in this Contract

Document by the terms “Employer”, “City of

Cape Town” or “Council” as the context provides.

Dr Christoff Krogscheepers

ITS Engineers

Commencement Date ..............................

Time for Completion of the Works ............

Defects Notification Period ......................

Electronic transmission systems ..............

Governing Law ........................................

Ruling language.......................................

Language for communications .................

Time for access to, and possession of, the

Site ..........................................................

Amount of Performance Security .............

Period for notifying unforseeable errors, faults and defects in the Employer's

Requirements ..........................................

Normal working hours .....................................

Delay penalties for the Works ..................

Maximum amount of Delay penalties ............

1.1.3.2 & 8.1*

1.1.3.3 & 8.2

1.1.3.7 ...........

1.3(a) ...............

1.4....................

1.4....................

1.4....................

2.1* ..................

4.2....................

5.1....................

6.5....................

8.2* & 8.7*

8.7....................

Postnet Suite 127

Private Bag X7

7536 Tyger Valley

Date that the Contractor receives the fully completed Form of Offer and Acceptance.

Milestone 1: Sections of the Works for the

2010 Soccer World Cup shall be completed by 3 May 2010.

Milestone 2: Additional Sections of the Works shall be completed by 1 September 2010.

Milestone 3: The entire Works shall be completed by 16 February 2011.

365 days e-mail

Republic of South Africa

English

English

On or before dates for access to Parts of the

Site listed in sub-clause 2.1 of the Particular

Conditions.

7,5 % of the Accepted Contract Amount

42 days

Between sunrise and sunset

R 5 000,00 per day for Milestone 1



No limit



C1.2

Contract Data

APPENDIX TO TENDER (CONTD)

Adjustments for Changes in Cost ..............

Total advance payment ................................

Number and timing of installments .................

Currencies and proportions.............................

Start repayment of advance payment .........

Repayment amortisation of advance payment

Percentage of retention during contract period……………………………………………

Limit of Retention Money ................................

Plant and Materials for payment when shipped en route to the Site ........................

Plant and Materials for payment when delivered to the Site ....................................

Minimum amount of Interim Payment

Certificates..................................................

Currency/currencies of payment.....................

Periods for submission of insurance:

(a) evidence of insurance................................

(b) relevant policies .........................................

Maximum amount of deductibles for insurance of the Employer's risks

Minimum amount of third party insurance

Disputes ..........................................................

Name of entity or official for appointment of

Mediator ...................................................

Percentage of retention during period of

Operations Agreement ...............................

Limit of Operations Retention Money .............

Amount of Performance Security during period of Maintenance Agreement ...........

Percentage of retention during period of

Maintenance Agreement ............................

Limit of Maintenance Retention Money ..........



13.8..................

14.2...................

14.2...................

14.2(a) ..............

14.2(a) ..............

14.2(b) ..............

14.3(d)*.............

14.3(d)*.............

14.5(b) ..............

14.5(c) ..............

14.6...................

14.15.................

18.1...................

18.1...................

18.2(d) ..............

18.3...................

20......................

20.2* .................

23.6.2* ..............

This Contract shall be subject to Contract

Price Adjustment in strict accordance with

Sub-Clause 13.8.1 and 13.8.2 of the

Particular Conditions.

None

Not applicable

Not applicable

Not applicable

Not applicable

10% reducing to 5 % upon the issue of a

Taking-Over Certificate.

No limit

None (Sub-Clause deleted)

None (Sub-Clause deleted)

No minimum

Rand, as named in that section of the Form of

Offer and Acceptance called “Offer”

14 days

14 days

Not applicable

R10 000 000,00

Dispute resolution shall be by mediation failing which by court proceedings

President of the South African Institution of

Electrical Engineers

10 %

23.3.2* ..............

24.9* ................

24.10.2* ............

No limit

10 % of the Accepted Contract Amount for the

Maintenance Agreement

10 %

24.10.2* ............ No limit

* See Particular Conditions

C1.2

Contract Data

Part 2 : Contract Data completed by the Contractor

Contractor’s name and address...................... 1.1.2.3 & 1.3(b).

Percentage for adjustment of Provisional

Sums ............................................................... 13.5(b)(ii) .......... %



C1.2

Contract Data

PARTICULAR CONDITIONS

The Particular Conditions are:

Sub-Clause 1.1 Definitions

1.1.1 The Contract

1.1.1.1 is deleted and replaced by:

“ Contract ” means the Form of Offer and Acceptance, Contract Data, these Conditions, the Employer’s

Requirements, the Specifications, the Drawings, the Schedules, and the further documents (if any) which are listed in the Form of Offer and Acceptance, and further includes drawings and documents or parts thereof which any of the aforesaid documents incorporate by reference.


“ Contract Agreement ” means the document called “Form of Offer and Acceptance”.


“

Letter of Acceptance

” means that section of the Form of Offer and Acceptance called “Acceptance”.


“ Letter of Tender ” means that section of the Form of Offer and Acceptance called “Offer”.


“

Employer’s Requirements

” means the document entitled Scope of Work, as included in the Contract, and any additions and modifications to such document in accordance with the Contract. Such document specifies the purpose, scope, and/or design and/or other technical criteria, for the Works, and includes the Detailed

Specifications. The Employer’s Requirements are contained in Part C3: Scope of Work and Part C4: Site

Information, and are included in a separate volume (Volume 2A).


“

Schedules

” means the document(s) entitled schedules, completed by the Contractor and submitted with his tender offer, as included in the Contract. Such document(s) shall include the Returnable Schedules and the

Schedules of Quantities, and may include data, lists and schedules of rates and/or prices.


“ Contractor’s Proposal ” means the information which the Contractor submitted with the Form of Offer and

Acceptance, as included in the Contract. Such information shall include the information listed in Schedule 17 in

Part T2.2 Returnable Schedules and may also include the Contractor’s preliminary design.


“

Tender

” means that section of the Form of Offer and Acceptance called “Offer” and all other documents which the Contractor submitted as Returnable Documents, as included in the Contract.


“

Appendix to Tender

” means the completed section entitled Appendix to Tender included in this Contract Data.

Add the following Sub-Clause after Sub-Clause 1.1.1.10:

1.1.1.11

“


” means the Schedules contained in Part T2.2 of the Tender Data and Part C2.1 of the

Pricing Data, and “Schedules of Quantities” means the document contained in Part C2.2 of the Pricing Data, as included in the Contract.



C1.2

Contract Data

1.1.2 Parties and Persons


“

Contractor

” means the person(s) named as Contractor in that section of the Form of Offer called “Offer” accepted by the Employer and the legal successors in title to this person(s).


“

Mediator

” means the person appointed under Sub-Clause 20.2.

1.1.3 Dates, Tests, Periods and Completion


“ Base Date ” means the date 7 days prior to the latest date for the submission of the Tender.


“

Commencement Date

” means the date the Contractor receives the fully completed Form of Offer and

Acceptance.

1.1.4 Money and Payments


“ Accepted Contract Amount ” means the amount accepted in that section of the Form of Offer and Acceptance called “Acceptance” for the execution and completion of the Works and the remedying of any defects.


“ Foreign Currency ” means a currency in which part (if any) of the Contract Price is payable, but not the Local

Currency.


1.1.4.13 “ Contract Price Adjustment ” means the adjustment to be included in the Contract Price for fluctuations in the Cost of Plant and Materials, Site installation and General items, Health and

Safety, Environmental Management, Sundries, etc. and Variations in Rates of Exchange, Customs

Surcharge and Customs Duty, all as provided for in Sub-Clause 13.8.

1.1.6 Other Definitions


1.1.6.10 “

Letter of Notification

” means the letter of formal notification, signed by the Employer, of the decision of the Supply Chain Management Bid Adjudication Committee sent to all tenderers. The notification of the decision does not form part of the Employer’s Acceptance of the successful tenderer’s Form of Offer and no rights shall accrue.

Sub-Clause 1.5 Priority of Documents

Deleted and replaced by:

The documents forming the Contract are to be taken as mutually explanatory of one another. For the purposes of interpretation, the priority of the documents shall be in accordance with the following sequence:

(a) the Form of Offer and Acceptance,

(b) the Appendix to Tender within the Contract Data,

(c) the Particular Conditions within the Contract Data,

General Conditions,

(e) the Employer’s Requirements, and

Schedules.

If an ambiguity or discrepancy is found in the documents, the Engineer shall issue any necessary clarification or instruction.



C1.2

Contract Data

Sub-Clause 1.6 Contract Agreement


The Parties shall enter into a Contract Agreement after the Contractor is called upon to do so by the Employer.

The Agreement shall be the fully completed Form of Offer and Acceptance contained in the Contract Document.

Sub-Clause 1.8 Care and Supply of Documents

Delete “six copies” in the second sentence of the first paragraph and replace with “three copies”.

2 The Employer

Sub-Clause 2.1 Right of Access to the Site

Delete sub-paragraph (b) and replace with:

(b) payment, which shall be included in the Contract Price, as follows:

An item has been included in the Schedules of Quantities to cover Cost in the event of the Employer failing to give the Contractor access to, and possession of, the Site or one or more of the Sections of the Site within the time stated in the Appendix to Tender.

The period of delay which may be allowed by the Engineer and paid for under this sub-paragraph shall be agreed margins of latitude to cover delays, normally beyond control of the Employer, for which the Contractor may be compensated by the stipulated amount. These delays shall not be regarded as an instruction to suspend the work in terms of Sub-Clause 8.8 of the Conditions of Contract.

The amount tendered shall include for all additional Cost incurred by such delays, including financing, storage, labour, handling, protection, insurance, overheads, etc., and profit. Should no delays be experienced in terms of this sub-paragraph, the sum included in the Schedules of Quantities therefor shall be deducted.

For Contracts subject to Adjustment for Changes in Cost (Sub-Clause 13.8) the abovementioned amount shall be regarded as “extra over” any Contract Price Adjustment.


The Parts of the Site constituting the Site as further described in clause C3.4 of the Scope of Works shall consist of the following locations where the contractor will be required to install equipment and further undertake the requirements of the Contract:

Centre

(ii) Smart Trunk Stations

(iii) Smart Feeder Stations

Depots

Access to, and possession of, Parts of the Site will be granted for the purpose of executing the specified Works.

The Employer will give the Contractor access to, and possession specific Parts of the Site of at certain times to be agreed between the Employer and the Contractor, within the time stated below, provided that all drawings and other information required to be submitted for acceptance in terms of the Contract have been accepted by the

Engineer.

Milestone 1 – 2010 tournament 2010-05-05

With regard to the Parts of Site requiring access for the performance of Milestone 1, access is expected to be provided to the Contractor on or before the following dates:

Access to vehicles

Type

18m

12m

Vehicles delivered

4

1

Date on or before when access will be provided to the Contractor

2009-11-02

8.8m 4

18m 3



C1.2

Contract Data

12m

8.8m

18m

12m

8.8m

18m

12m

8.8m

18m

12m

8.8m

TOTAL

Access to trunk stations

1

3

4

1

4

5

1

5

1

55

45

137

2010-01-08

2010-02-05

2010-02-26

2010-04-01

Trunk stations

Granger Bay (1 Platform)

Hertzog-Civic (9 Platforms)

Stadium (4 Platforms)

Cape Town International Airport (2 Platforms)

Bayside Centre (2 Platforms)

Atlantis (3 Platforms)

Access to Inner City feeder stations

None


2001-12-08

2010-02-26

2010-02-26

2010-02-26

2010-02-26

2010-02-26

Traffic Management Centre

The TMC will be accessible on the Commencement Date.

Milestone 2 – 2010-09-01

Only those vehicles, trunk stations and the TMC, which will be made accessible to the Contractor prior to

Milestone 1, are at minimum required to be completed for Milestone 2.

Milestone 3 – 2011-02-16

With regard to the Parts of Site requiring access for the performance of Milestone 3, access is expected to be provided to the Contractor on or before the following dates:

Access to vehicles

Type Vehicles delivered

18m

12m

8.8m

30

93

6


2010-09-01

TOTAL 129

Access to trunk stations

Woodstock (1 Platform)

Paarden Island (2 Platforms)

Neptune (2 Platforms)

Section (2 Platforms)

Vrystaat (2 Platforms)

Zoar Vlei (1 Platform)

Lagoon (1 Platform)

Woodbridge (1 Platform)

Milnerton (1 Platform)

Trunk stations

Racecourse Road (1 Platform)


2010-12-31

2010-12-31

2010-12-31

2010-12-31

2010-12-31

2010-12-31

2010-12-31

2010-12-31

2010-12-31

2010-12-31



C1.2

Contract Data

Sunset Beach (1 Platform)

Access to feeder stations

2010-12-31

Route/Area

Seapoint - CBD Garden Centre

Seapoint – CBD – Vredehoek

City Bowl Circle Line

Hout Bay – Camps Bay – CBD – V&A Waterfront

Melkbos F13

Atlantis F08 – F12

Bayside F14 – F16

Salt River F18 – F19

Feeder stations in both directions

50

8

38

64

20

186

96

82


2010-12-31

2010-12-31

2010-12-31

2010-12-31

2010-12-31

2010-12-31

2010-12-31

2010-12-31

TOTAL 544

Access to depots

Depot

CBD

Potsdam

Sub-Clause 2.4 Employer’s Financial Arrangements

Delete this Sub-Clause.

Sub-Clause 2.5 Employer’s Claims

Insert “or by law” after “Contract” in the first sentence of the first paragraph.


2010-12-31

2010-12-31

3 The Engineer

Sub-Clause 3.1 Engineer’s Duties and Authority

Add the following at the end of second paragraph: “except in the upholding of good engineering principles and practice”.

The requirements for the Engineer to obtain the approval of the Employer before exercising a specified authority are:

1. Giving consent for work to be carried out on days of rest or outside normal working hours in terms of Sub-

Clause 6.5 (b).

2. The approval of a revised programme and supporting report in order to expedite progress in terms of Sub-

Clause 8.6.

3. Suspending progress of part or the whole of the Works in terms of Sub-Clause 8.8.

4. Determining the extent required for rectifying loss or damage to the Works resulting from Employer’s Risks in terms of Sub-Clause 17.4.

5. Instructing the Contractor to employ additional resources besides the Operations Manager to undertake operational functions in the Control Centre in terms of Sub-Clause 23.2 during the period of the Operations

Agreement.

Sub-Clause 3.4 Replacement of the Engineer

Delete and replaced by:

The Employer shall have the right to replace the Engineer.

Sub-Clause 4.2 Performance Security



C1.2

Contract Data

Delete the first sentence of the second paragraph and replace with:

The Contractor shall deliver the Performance Security to the Employer within 14 days from the Commencement

Date . The Form of Performance Security - Demand Guarantee shall contain the wording of the document included in Part C1.3 of the Contract Data.

Sub-Clause 4.3 Contractor’s Representative

Delete “prior to the Commencement Date” in the first sentence of the second paragraph and replace with “within

14 days from the Commencement Date”.

Sub-Clause 4.4 Subcontractors

Delete “28 days’ notice” in sub-paragraph (c) and replace with “14 days’ notice”.

Sub-Clause 4.8 Safety Procedures

The Contractor’s attention is also drawn to Sub-Clause 4.22 (c), and to the Health and Safety Specification in the

Employer’s Requirements.

Sub-Clause 4.17 Contractor’s Equipment


The Contractor shall provide all necessary storage facilities on Site.

Sub-Clause 4.18 Protection of the Environment

The Contractor’s attention drawn to the Environmental Management requirements of Clause C3.1.2.4 of the

Scope of Works in the Employer’s Requirements.

Sub-Clause 4.22 Security of the Site

Add the following Sub-Clause:

(c) The Contractor shall in connection with the Works provide and maintain at his own cost all lights, guards, fencing, watching and other appropriate security measures when and where necessary or required by the

Engineer or by any competent statutory or other authority for the protection and security of the Works and the Contractor's Equipment, or for the safety and convenience of the public and for the protection of life and property.


The Contractor must secure all sections of the site as defined in sub-clause 2.1 of the Particular Conditions. The

Contractor may be given access to sections of the site (such as top station structures) while the contractor for that project is in progress prior to that contractor’s handover. In such an event the Contractor must, subject to agreement with the Engineer, make his own security arrangements and provide additional security measures, if necessary, that are in the view of the Contractor and his insurer to protect his Works until handover.

The Contractor will be entitled to claim only for the security measures that are required under the relevant pay items provided for and priced under the P&G section of the Schedule of Quantities.

Sub-Clause 4.23 Contractor’s Operations on Site


The Contractor shall protect and cover up all works as may be required and take all other precautions necessary to avoid causing damage of new and existing equipment, buildings and structures. This shall inter alia apply when activities such as painting, welding, soldering, grinding and so forth must be performed on the Site. The

Contractor shall, on completion, remove all protective covers and shall at his cost rectify all damage to finishes to the satisfaction of the Engineer.

5 Design

Sub-Clause 5.1 General Design Obligations

Add the following at the end of the first paragraph:



C1.2

Contract Data

The Contractor’s design shall comply with Clause 3.1 Description of Works in the Scope of Works in the

Employer’s Requirements.

In the third paragraph:

Delete “Upon receiving notice under Sub-Clause 8.1” in the first sentence of the third paragraph and replace with

“Subject to the provisions of Sub-Clause 8.1”.

Sub-Clause 5.2 Contractor’s Documents

Delete the content of sub-paragraph (a) (iii) in the sixth paragraph and replace with: the Contractor shall be entitled to an extension of the Time for Completion upon the expiry of the review periods for all the Contractor’s Documents;


Without limiting the provisions of this Sub-Clause, the requirements relating to the information and drawings to be submitted by the Contractor to the Engineer prior to the purchase and manufacture of any plant and equipment shall be as stated in the Part C3.2 Engineering Design of the Scope of Work in the Employer’s Requirements.

Sub-Clause 5.5 Training


Particular training requirements are specified in Part C3.5 Training of the Scope of Work in the Employer’s

Requirements.

6 Staff and Labour

Sub-Clause 6.5 Working Hours


The days of rest are Saturdays, Sundays and all gazetted public holidays.

Sub-Clause 6.7 Health and Safety

The Contractor’s attention is also drawn to F4.1 in T1.2 Tender Data and to the Health and Safety Specification in the Employer’s Requirements, which shall take precedence in case of conflict with this Sub-Clause.


The Employer and the Contractor shall enter into an agreement to complete the work required for the construction of the Works in terms of the provisions of Section 37(2) of the Occupational Health and Safety Act (No. 85 of

1993) and the Construction Regulations promulgated thereunder.

The Contractor shall provide proof to the Employer, within 14 days from the Commencement Date, that he has paid all contributions required in terms of the Compensation for Occupational Injuries and Diseases Act (No. 130 of 1993).

7 Plant, Materials and Workmanship

Sub-Clause 7.3 Inspection

Add the following after the last paragraph:

The Contractor shall ensure that equipment complies with the specified requirements before arranging for the

Engineer’s Factory Inspection Tests (FAT) specified in Part C3.4 Testing and Commissioning of the Scope of

Work in the Employer’s Requirements. The Contractor shall then make all arrangements for the Engineer to perform the inspections to meet specifications in Parts C3.9 – C3.14 Detailed Specifications.

The purpose of these inspections is to reduce the risk of non-compliant equipment being transported to Site. The inspections do not reduce the Contractor’s responsibility for complying with the Contract.



C1.2

Contract Data

The Contractor shall carry all costs related to any inspection outside the City of Cape Town, including the

Engineer’s travelling and associated costs, but not the cost of the Engineer’s time-related fees.

Sub-Clause 7.4 Testing

Add the following :

The following testing procedures specified in clause C3.4 of the Scope of Works in the Employer’s Requirements shall apply:

(i) Testing Stage 1: Factory Acceptance Test (FAT);

(ii)

(iii)

(iv)

Testing Stage 2: System Integration Test (SIT);

Testing Stage 3: Onsite Integration Testing (OIT); and

Testing Stage 4: System Acceptance Testing (SAT).

8 Commencement, Delays and Suspension

Sub-Clause 8.1 Commencement of Work

Delete the first paragraph and replace with the following:

The Commencement Date shall be as stated in the Appendix to Tender, and shall be not later than 120 days after the latest date for submission of tenders, unless the tender offer validity period is extended by the Tenderer upon request of the Employer in terms of F.2.16.2 in Annex F.

The Contractor shall commence executing the Works within 14 days from the Commencement Date.

Notwithstanding the above, the Contractor will not be permitted to commence executing the Works before the

Form of Performance Security - Demand Guarantee and required insurances and other specified items have been submitted and approved.

Sub-Clause 8.2 Time for Completion

Delete sub-paragraph (a) and replace with:

(a) achieving the passing of the Tests on Completion and the 28 day Trial Operation Period referred to in Sub-

Clause 9.1, and


(c) requiring to achieve the following Milestones, failing which the penalty clauses provided for in the Appendix to Tender will be invoked:

Milestone 1: 2010 tournament – on or before 2010-05-05

(i) Installation of components and software systems on all vehicles as required to deliver a functional basic vehicle tracking system; and

(ii) Installation of a functional control centre in the TMC to undertake vehicle tracking and monitoring.

Milestone 2: on or before 2010-09-01

(i) Installation of all system components and software on vehicles to which access is given for Milestone 1, as required under the Contract;

(ii) Installation of all hardware and software systems to deliver a fully functional control centre in the TMC; and

(iii) Installation of all systems and software in trunk and feeder stations to which access is given to the

Contractor for Milestone 1.

Milestone 3: on or before 2011-02-16

Completion of remaining installation on all vehicles, stations, TMC and depots.

Sub-Clause 8.3 Programme

Delete the first sentence of the first paragraph and replace with :

The Contractor shall submit a detailed time programme to the Engineer within 14 days from the Commencement

Date.



C1.2

Contract Data

Add the following after the first paragraph:

The Contractor shall incorporate the programming restrictions in Sub-Clause 2.1 of these Particular Conditions into the programme.

Sub-Clause 8.7 Delay Damages

Delete “Damages” in the title and “damages” in the body of this Sub-Clause and replace with “Penalties” in the title and “penalties” in the body, respectively.

9 Tests on Completion

Sub-Clause 9.1 Contractor’s Obligations

Add the following before the fourth paragraph of this Sub-Clause:

The following testing procedures specified in clause C3.4 of the Scope of Works shall apply:

(i) Testing Stage 1: Factory Acceptance Test (FAT) and

(ii) Testing Stage 2: System Integration Test (SIT) shall constitute the pre-commissioning tests;

(iii) Testing Stage 3: Onsite Integration Testing (OIT) shall constitute the commissioning tests; and

(iv) Testing Stage 4: System Acceptance Testing (SAT) shall constitute the trial operation.

Add the following before the last paragraph of this Sub-Clause:

The Contractor shall provide all necessary test equipment, materials and tools and competent staff for the performance of the specified performance acceptance tests and shall submit for the approval of the Engineer certified copies of the calibration certificates for the test equipment.

When all Test Stages 1, 2 and 3 specified in clause C3.4 of the Scope of Works have been successfully completed to the satisfaction of the Engineer, Test Stage 4 will constitute the Trial Operation Period and shall start and consist of a continuous period of operation of 28 days free from trouble. During the Trial Operation

Period the Contractor’s Operations Manager shall carry out all necessary operations management and any adjustments required. The Entity’s Control Centre personnel will assist the Contractor in operating the Control

Centre and all other systems during this period and at this time the Contractor shall train the Entity’s Control

Centre personnel in operating the Control Centre Systems, and in operational requirements and procedures.

At the end of the Trial Operation Period the Contractor shall arrange for an acceptance inspection to be carried out together with the Engineer for the purpose of taking over the Works and the issuing of the Taking-Over certificate in terms of Clause 10.

10 Employer’s Taking Over

Sub-Clause 10.1 Taking Over of the Works and Sections

Add the following before the first paragraph:

At the end of the Trial Operation Period an inspection shall be undertaken by the Contractor and the Engineer for the purpose of taking over the Works in terms of this Clause 10.

Amend the first paragraph as follows:

Delete: “, or is deemed to have been issued” in (ii).

Delete the last paragraph.

Sub-Clause 10.1 Taking Over of Works and Sections


For the purpose of issuing a Taking-Over Certificate for a Section of the Works, Sections of Works are defined as a sub-set of vehicles, a sub-set of stations, one of the depots or the TMC.

Sub-Clause 10.2 Taking Over of Parts of the Works




C1.2

Contract Data

For the purpose of issuing a Taking-Over Certificate of a Part of the Works, Parts of Works are defined as follows and are further described in Part C3: Scope of Works in the Employer’s Requirements:

(i) Computer Aided Scheduling and Dispatching (CASD) system;

(ii) Automatic Vehicle Location (AVL) systems;

(iii) Automatic Passenger Counter (APC) system;

(iv) Advanced Traveller Information (ATI) and Communication systems; and

(vi) Data Management System; and

(vii) Bus (transit) signal priority (TSP) system

Sections of the Works are defined, for the purpose of issuing a partial Taking-Over Certificate, as a set of vehicles, a set of stations, depots or the TMC.

Sub-Clause 10.3 Interference with Tests on Completion

Delete paragraphs 1 and 2 and replace with:

The Contractor is entitled to an extension of time and costs if prevented from carrying out the Tests on

Completion by a cause for which the Employer is responsible.

Delete sub-paragraph (b) and replace with:

(b) payment, which shall be included in the Contract Price, as follows:

An item has been included in the Schedules of Quantities to cover Cost in the event that the Contractor cannot commence testing and commissioning within the contractually agreed period, and the resultant delay in the commencement of the Defects Notification Period, from causes not attributable to the Contractor.

The period of delay which may be allowed by the Engineer and paid for under this sub-paragraph shall be agreed margins of latitude to cover delays, normally beyond control of the Employer, for which the Contractor may be compensated by the stipulated amount. These delays shall not be regarded as an instruction to suspend the work in terms of Sub-Clause 8.8 of the Conditions of Contract.

The amount tendered shall include for all additional Cost incurred by such delays, including financing, storage, labour, handling, protection, insurance, overheads, etc., and profit. Should no delays be experienced in terms of this sub-paragraph, the sum included in the Schedules of Quantities therefor shall be deducted.

For Contracts subject to Adjustment for Changes in Cost (Sub-Clause 13.8) the abovementioned amount shall be regarded as “extra over” any Contract Price Adjustment.

11 Defects Liability

Sub Clause 11.3 Extension of Defects Notification Period

Delete the last sentence in the first paragraph.

13 Variations and Adjustments

Sub-Clause 13.1 Right to Vary

Delete the last sentence in the first paragraph.

Sub-Clause 13.8 Adjustment for Changes in Cost


13.8.1

General

The Accepted Contract Amount shall be deemed to have included amounts to cover the contingency of all other rises and falls in costs not covered by the provisions of this or other

Clauses.

If provision has been made in the Appendix to Tender for prices to be subject to adjustment, such adjustments claimed by the Contractor shall be made in accordance with the Sub-Clauses referred to therein.



C1.2

Contract Data

The following general provisions shall apply in all cases:

(a) The Base Date shall be as defined in Sub-Clause 1.1.3.1.

(b) Adjustments for changes in cost shall be calculated as if the Works are executed within the time for completion and no additional costs due to any work being executed outside the time for completion shall be payable unless the Engineer allows an extension of time in accordance with Sub-Clause 8.4.

(c) Claims for adjustments for changes in cost shall be supported by such documentary evidence that may be required by the Engineer. Failure to render this information may result in the rejection of claims for price adjustment.

(d) The value of imported Plant and Materials shall be as defined in Sub-Clause 13.8.2.2.4.

(e) No claims for adjustments for changes in cost will be accepted which are submitted later than 28 days after the date of issue of the Taking-Over Certificate.

13.8.2

13.8.2.1

13.8.2.1.1

Contract Price Adjustment

Contract Price Adjustment shall be as defined in Sub-Clause 1.1.4.13.

Plant and Materials Manufactured in South Africa

13.8.2.1.2

Adjustment to the Contract price for the supply, delivery and storage of Plant and Materials manufactured in the Republic of South Africa, shall be allowed only for variations in the cost of labour and material based on the indices published by the Steel and Engineering Industries

Federation of South Africa (SEIFSA) using the method described in Sub-Clause 13.8.2.1.2.

The following SEIFSA tables shall be regarded as relevant to Electrical Works in this Contract:

Table C3

Table G

Index of actual labour cost

Statistics SA production price index, Electrical Engineering Materials.

Method of Price Adjustment

Adjustment of the total values inserted in the Schedules of Quantities for the supply, delivery and storage of Plant and Materials manufactured in the Republic of South Africa shall be based on the following:

(a) The estimated proportions (represented by the coefficients “b”, “c”, in the formulae in subparagraph (b) below) of the total values shall be adjusted on the basis of the increase or decrease between the indices in the relevant tables at the Base Date and these indices at a date 42 days prior to the valuation date, for each month in which the Plant and Materials are contractually delivered to Site, by multiplying the monthly values certified by the relevant Adjustment Factor in the formulae in sub-paragraph (b) below.

(b) the applicable formulae are:

Electrical Plant and Materials

A = a + b

L n + c n - 1

L o E o where A a

=

=

Adjustment Factor rounded off to the sixth decimal place

0.10 b = 0.55 )

Fixed coefficient (non-adjustable portion) c = 0.35 ) Coefficients (sum of these coefficients shall be 0,90)

L n = Current labour index in Table C3

L o = Base labour index in Table C3

E n = Current electrical engineering materials index in Table G

E o = Base electrical engineering materials index in Table G



C1.2

Contract Data

13.8.2.2

13.8.2.2.1

13.8.2.2.2

“Current” indices are those applicable 42 days prior to date of claim, as stated in

“Base” indices are those applicable at Base Date, as stated in sub-paragraph (a)

above

(c) The value of any Plant and Materials imported from outside South Africa inserted in

Schedule 25 and subject to Sub-Clause 13.8.2.2.2(a) shall be deducted from the total values to be adjusted by the SEIFSA Index adjustment. Any Plant and

Materials not inserted in Schedule 25 shall be deemed to be manufactured in South

Africa for the purposes of Contract Price Adjustment.

Plant and Materials Imported from Outside South Africa

Permissible

Adjustment to the Contract price for the supply, delivery and storage of any Plant and Materials imported from outside the Republic of South Africa will be permitted only in respect of the following variables:

(a) Variations in Rates of Exchange as detailed in Sub-Clause 13.8.2.2.2, and

(b) Variations in Customs Surcharge and Customs Duty as detailed in Sub-Clause 13.8.2.2.3

Variations in Rates of Exchange

Adjustment for variations in rates of exchange shall be based on the following:

(a) The Tenderer shall have completed Schedule 25 for all imported Plant and Materials intended to be subject to variations in rates of exchange, subject to the following: i. the value in foreign currency inserted in column (A) shall be subject to Sub-Clause

13.8.2.2.2(e) when recalculating the Rand value, ii. the rate of exchange inserted in column (B) shall be the spot selling rate quoted by Council’s main banker, ABSA on the Base Date, rounded to the second decimal place, iii. if the rate of exchange inserted by the Tenderer differs from the ABSA rate referred to above, then the ABSA rate shall apply and the Rand value in columns

(C) and (F) shall be recalculated accordingly, without altering the price in the

Schedules of Quantities for the relevant items, and iv. if a quotation from a supplier or sub-contractor provides for variations in rates of exchange, the Contractor may only claim for variations in rates of exchange if he binds the supplier or sub-contractor to the same provision to take out forward cover as described in sub-paragraph (b) below.

(b) The Contractor (or supplier or sub-contractor) shall within five working days from the date of placing a firm order on an overseas supplier, cover or recover forward by way of a contract with a bank which is an authorised foreign exchange dealer, the foreign exchange component of the cost of any imported Plant and Materials inserted by the Tenderer in

Schedule 25.

(c) When the Contractor (or supplier or sub-contractor) so obtains forward cover, the

Contractor shall immediately notify the Employer of the rate obtained and furnish the

Employer with a copy of the foreign exchange contract note.

(d) Based on the evidence provided in sub-paragraph (c), the value in Rand inserted in column

(C) of Schedule 25 shall be recalculated using the forward cover rate obtained, and any increase or decrease in the Rand value defined in Sub-Clause 13.8.2.2.4 shall be adjusted accordingly.



C1.2

Contract Data

13.8.2.2.3

(e) In the event of the value in foreign currency inserted in column (A) of Schedule 18 exceeding the value in the Contractor’s (or supplier’s or sub-contractor’s) forward cover contract, the adjustments shall be calculated only upon the value in the forward cover contract.

Variations in Customs Surcharge and Customs Duty

(a) Any increase or decrease in the Rand value between the amounts of Customs Surcharge and Customs Duty inserted in Schedule 25 and those amounts actually paid to the

Customs and Excise Authorities, which are due to changes in the percentage rates applicable or to the foreign exchange rate used by the authorities, shall be adjusted accordingly.

(b) The Tenderer shall state the Customs Duty Tariff Reference applicable to each item and the Contractor shall advise the Engineer of any changes which occur.

13.8.2.2.4 Value of Imported Plant and Materials

Subject to Sub-Clause 13.8.2.2.2 (a), the Rand value of imported Plant and Materials inserted in Schedule 25 (column (F)) shall be the value in foreign currency (column (A)) converted to

South African Rand (column (C)) by using the spot selling rate quoted by Council’s main banker, ABSA on the Base Date rounded to the second decimal place (column(B)), to which shall be added any Customs Surcharge and Customs Duty applicable at that date (columns (D) and (E)).

13.8.2.3 Site Installation and General Items

Adjustment of the total values inserted in the Schedules of Quantities for Site installation and

General items, Health and Safety, Environmental Management, Sundries, and for any other items so described or implied in the Schedules of Quantities to be adjusted under this Sub-

Clause, shall be based on the following:

(a) No Contract price adjustment shall be applied to the total values in respect of providing the

Performance Security - Demand Guarantee and Insurances.

(b) The estimated proportion (represented by the 0.90 coefficient in the formula in subparagraph (c) below) of the total values shall be adjusted on the basis of the increase or decrease between SEIFSA

Table C3(A)

Index of actual labour cost (field force) where subsistence allowance is paid, at the Base Date and this index at the valuation date, for each month in which the work is contractually executed, by multiplying the monthly values certified by the Adjustment Factor in the formula in sub-paragraph (c) below.

(c)

Site Installation and General Items

A = 0.10 + 0.90 L n - 1

L o where A =

0.10 =

L

L n = o =

“Base” index is that applicable at Base Date, as stated in sub-paragraph (b) above

Adjustment Factor rounded off to the sixth decimal place

Fixed coefficient (non-adjustable portion)

Current labour index in Table C3(A)

Base labour index in Table C3(A)

“Current” index is that applicable at the valuation date, as stated in sub-

14 Contract Price and Payment

Sub-Clause 14.1 The Contract Price

Delete sub-paragraphs (c) and (d) and replace with:



C1.2

Contract Data

(c) Prices entered in the Schedules of Quantities, together with any schedule of rates for which provision is made in a Schedule, will be used for calculating the value of completed works for the purpose of interim payments or for determining the value of changes, omissions and additions for variation instructions when in the opinion of the Engineer such prices are applicable.

(d) The amounts of work and material given in the Schedules of Quantities are not to be considered as limiting or extending the amount of work to be done or material to be supplied by the Contractor.

(e) The percentage completion of the amounts of work and materials given in the Schedules of Quantities shall be determined by the Engineer for interim payment certificates when checking the Contractor’s Statement referred to in Sub-Clauses 14.3 and 14.6.

Sub-Clause 14.2 Advance Payment


Sub-Clause 14.3 Application for Interim Payment Certificates

Replace “in six copies” in the first line of the first paragraph with “in three copies”.

Delete sub-paragraphs (a) to (g) and replace with:

(a) The estimated contract value of any approved materials, goods, plant and equipment which has been delivered to Site but has not yet been installed, provided the conditions for delivery and storage specified in the Employer’s Requirements are followed to the complete satisfaction of the Engineer;

No such payment will be made for materials, goods, plant and equipment stored elsewhere and no materials, goods, plant and equipment may be delivered to Site before possession of the Site is given to the Contractor.

Variation from this condition will only be considered under special circumstances and approval in advance must be obtained from the Engineer;

(b) The estimated contract value of any general, installation, testing and commissioning work executed, including the value of any other items so described in the Schedules of Quantities to be adjusted together with this work, as determined from time to time until the commencement of the Defects Notification Period;

(c) any amounts to be added and deducted for changes in legislation and changes in Cost, in accordance with

Sub-Clause 13.7 and Sub-Clause 13.8;

(d) any amount to be deducted for retention, calculated by applying the percentage of retention stated in the

Appendix to Tender to the total of the above amounts;

(e) any other additions or deductions which may have become due under the Contract or otherwise, including those under Clause 20; and

(f) the deduction of amounts certified in all previous Payment Certificates.

Sub-Clause 14.4 Schedule of Payments


Sub-Clause 14.5 Plant and Materials intended for the Works


Sub-Clause 14.6 Issue of Interim Payment Certificates

Delete “within 28 days” in the second sentence of the first paragraph and replace with “within 21 days”.

Sub-Clause 14.7 Payment

Delete sub-paragraphs (a) to (c) and replace with:

(a) the amount certified in each Interim Payment Certificate within the number of days after the Engineer receives the Statement and supporting documents, whereby invoices dated on or before the 20 th of a particular month will be paid between the 23 rd

and 26 th

of the ensuing month.



C1.2

Contract Data

(b) the amount certified in the Final Payment Certificate within 28 days after the Employer receives this

Payment Certificate.

Sub-Clause 14.9 Payment of Retention Money

Delete “Promptly” in the first sentence of the second paragraph and replace with “ Within 14 days”.

Delete “certified and paid promptly” in the second sentence of the second paragraph and replace with “certified by the Engineer for payment within 14 days to the Contractor”.

Delete the last paragraph and replace with:

The relevant contract value for each Section shall be determined by the Engineer, based on the Schedules of

Quantities and any variations and adjustments thereto.

Sub-Clause 14.10 Statement at Completion

Delete “Within 84 days” in the first paragraph and replace with “Within 21 days”.

Replace “six copies of” in the first paragraph with “three copies of.

Sub-Clause 14.11 Application for Final Payment Certificate

Delete “Within 56 days” in the first paragraph and replace with “Within 14 days”.

Replace “six copies of” in the first paragraph with “three copies of”.

Delete the second sentence of the last paragraph and replace with:

Thereafter, if the dispute is finally resolved under Clause 20 Claims, Disputes and Arbitration, the Contractor shall then prepare and submit to the Employer (with a copy to the Engineer) a Final Statement.

Sub-Clause 14.15 Currencies of Payment

Delete “damages” in sub-paragraph (b) and replace with “penalties”.

15 Termination by Employer

Sub-Clause 15.2 Termination by Employer

Delete “or” at the end of sub-paragraph (e) and add the following sub-paragraphs after sub-paragraph (f):

(g) fails to provide the required Performance Security and insurances within the prescribed time,

(h) committed a corrupt or fraudulent act during the procurement process or the execution of the contract, or

(i) an official or other role player committed any corrupt or fraudulent act during the procurement process or in the execution of the contract that benefited the Contractor,

Delete “(e) or (f)” in the second sentence of the second paragraph and replace with “(e), (f), (h) or (i)”.

16 Suspension and Termination by Contractor

Sub-Clause 16.1 Contractor’s Entitlement to Suspend Work

Delete “Sub-Clause 2.4 or” in first paragraph.

Sub-Clause 16.2 Termination by Contractor

Delete sub-paragraph (a).

17 Risk and Responsibility

Sub-Clause 17.3 Employer’s Risks

Delete sub-paragraphs (a) to (h) and replace with:



C1.2

Contract Data

(a) war, invasion, act of foreign enemies, hostilities or warlike operations (whether war be declared or not) or civil war,

(b) insurrection,

(c) mutiny, military rising, military or usurped power, martial law or state of siege, or any other event or cause which determines the proclamation or maintenance of martial law or state of siege,

(d) any event which, at the Base Date, is defined as a risk in terms of insurance offered by the South African

Special Risks Insurance Association,

(e) any occurrence for which a fund has been established in terms of the War Damage Insurance and

Compensation Act, as amended,

(f) the

(g)

(h) pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds, ionising radiation or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuels,

(i) the use of or occupation by the Employer or the Employer’s Personnel or the Employer’s agents or other contractors (not employed by the Contractor) of any part of the Works without mutual agreement,

(j) the design, specification or instruction of the Engineer, Employer or any of their employees or agents, or defects in the materials supplied by the Employer for incorporation in the Works,

(k) the confiscation, commandeering, nationalisation, requisition or destruction of or damage to property by an order of government, or any public or local authority, and

(l) the fact that the value of materials, as supplied by the Employer for incorporation in the Works, exceeds the value thereof as specified by or on behalf of the Employer at the time of delivery thereof by the

Employer.

18 Insurance

Sub-Clause 18.1 General Requirements for Insurances


The Contractor shall be liable for the payment of the deductibles in respect of each claim settlement in terms of the policies effected by the Contractor.

In respect of Subcontractors, the Contractor shall be deemed to have complied with the provisions of the requirements relating to insurance by ensuring that the Subcontractors have effected such insurance.

Save as otherwise provided in the Contract, nothing herein contained shall oblige the Contractor to effect any insurance which is not generally obtainable from a registered insurer in South Africa.

The insurances shall be effected with an insurance company registered in South Africa and the terms thereof shall be subject to approval by the Employer, which approval shall not be unreasonably withheld.

If required, the Contractor shall provide proof to the Engineer that the Contractor is in good standing with respect to duties, taxes, levies and contributions required in terms of legislation applicable to the work in this Contract.

Sub-Clause 18.2 Insurance for Works and Contractor’s Equipment

Add the following sub-paragraph:

(f) which are to be effected and maintained by the Contractor and endorsed to note the interests of the

Employer are:

(i) transit insurance, including whilst in temporary storage and intended for incorporation in the Contract en route to Site,

(ii) professional indemnity insurance; the Contractor shall ensure that all design work to be undertaken by the Contractor or on behalf of the Contractor is undertaken by registered professionals who carry



C1.2

Contract Data

adequate professional indemnity insurance to cover their liability for professional negligence. Proof of such insurance shall be submitted to the Engineer on demand, and

(iii) where the Contract involves manufacturing and/or fabrication of the Works or part thereof at premises other than the Site, the Contractor shall satisfy the Employer that all materials and equipment for incorporation in the works are adequately insured during manufacture and/or fabrication. In the event of the Employer having an insurable interest in such works during manufacture or fabrication then such interest shall be noted by endorsement to the Contractor's Policies of Insurance.

Sub-clause 18.3 Insurance against Injury to Persons and Damage to Property

Add the following sub-paragraph:

(e) shall include a cross-liability clause such that the insurance shall apply to the Contractor and to the Employer as separate insured parties.

Sub-Clause 18.4 Insurance of Contractor’s Personnel


The insurance shall be in terms of the provisions of the Compensation for Occupational Injuries and Diseases Act

No. 130 of 1993.

Add the following new Sub-Clause:

Sub-Clause 18.5 Special Risks Insurance

The Contractor shall effect and maintain the following insurance in the joint names of the Employer and the

Contractor:

A Coupon Policy for Special Risks Insurance issued by the South African Special Risks Insurance Association.

20 Claims, Disputes and Arbitration

Delete Sub-Clauses 20.2 to 20.8 inclusive and replace with the following new Sub-Clauses:

Sub-Clause 20.2 Mediation

The Appendix to Tender provides for dispute resolution by mediation. Any dispute or difference which arises between the Contractor and the Employer out of or in connection with the Contract, including any determination or other decision of the Employer, shall be referred by either Party to a mediator for mediation in accordance with the provisions of SANS 294,

Construction Procurement Processes, Methods and Procedures

(6.9.2 Mediation, reproduced below). Where the parties fail to agree on a mediator, the mediator shall be appointed by the entity or official named in the Appendix to Tender.

“6.9.2 Mediation

6.9.2.1

The mediator shall be selected by agreement between the parties or, failing such agreement, by a mutually agreed upon person. Mediation shall be conducted without legal representation with the costs being borne equally by the parties.

6.9.2.2 The mediator shall convene a hearing of the parties and may hold separate discussions with any party. The mediator shall assist the parties in reaching a mutually acceptable settlement of their differences through means of reconciliation, interpretation, clarification, suggestion and advice. The parties shall record such agreement in writing and thereafter they shall be bound by such agreement.

6.9.2.3

The mediator shall be authorized to end the mediation process whenever, in his opinion, further efforts at mediation would not contribute to a resolution of the dispute between the parties.

6.9.2.4

If either party is dissatisfied with the opinion expressed by the mediator or should the mediation fail, then such party may require that the dispute be settled in terms of the contract.”

Sub-Clause 20.3 Court Proceedings

The Appendix to Tender provides for the court proceedings to finally resolve disputes, and disputes shall be determined by court proceedings in a South African court of law.



C1.2

Contract Data

ADDITIONAL CONDITIONS OF CONTRACT

The additional Conditions of Contract are:

21 Contractor to provide everything necessary

The Contractor is to provide all labour, material, workmanship, components, equipment, software, software licenses and everything that is or may be necessary in and for the execution and entire completion of the Contract in accordance with the Conditions of Contract and Employer’s Requirements.

22 Details to be confidential

The Contractor shall treat the details of the Works comprised in this Contract as private and confidential (save in so far as may be necessary for the purposes hereof) and shall not publish or disclose the same or any particulars thereof in any trade or technical paper elsewhere without the prior written consent of the Engineer.

23.1 Period of Operations Agreement

The Operations Agreement shall commence on the date of the issue of the Taking-Over certificate for

Milestone 1 and operations by the Contractor shall be undertaken for a continuous period, subject to a determination by the Employer, until either:

(i)

(ii) a minimum of 12 (twelve) months after the date of commencement of the Operations

Agreement; a maximum of 24 (twenty-four) months after the date of commencement of the Operations

Agreement, subject to a 3-month notice period by the Employer to terminate the Agreement after the initial 12 month period referred to in sub-clause (1).

Contractor’s obligations in terms of the Operations Agreement 23.2

The Employer will assign the responsibility for the functions of the Control Centre listed below to the

Contractor’s Representative who shall report to a designated official of the City or the CEO of the Entity in regard to the performance of this function. The personnel responsible for undertaking to implement the Operations Agreement will be employed by the Contractor and these staff members will report to

Operations Manager. The Operations Manager and such support staff will fall under the direct responsibility of the Contractor’s Representative.

The Operations Manager and his supporting staff shall operate the Control Centre and related systems, and maintain a high level of service compliance in line with international best practice for BRT operation centers. The operations staff will at all times work in close cooperation with City staff and other contractors/personnel working on the IRT system. The functions of the operations staff will include, amongst others:

(i) Managing and Monitoring the compliance of vehicle operating schedules developed by the City or the Entity, and undertaking actions where required;

(ii) Communicating with drivers and other staff of vehicle operating entities to pass instructions on operational actions. and Operating the passenger information systems at stations and in buses;

(iv)

(v)

Monitoring of CCTV at stations and along the routes and coordinating any actions where required; and

Compiling reports and undertaking administrative functions as required.

23.3 Entity personnel to be available

A full-time staff of 6 (six) dedicated personnel not including the Operations Manager will be employed by the Contractor and shall be available for 2 (two) shifts per day and 7 (seven) days per week. All personnel will be based in the Control Centre.

The Contractor shall employ for the period of the Operations Agreement only such persons as are careful, competent and efficient and the Engineer shall be at liberty to object to and request the

Contractor to remove from the Control centre any person employed by the Contractor and reporting to the Operations Manager in the execution of the Operations Agreement who in the opinion of the

Engineer misconducts himself or is incompetent or negligent in the proper performance of his duties.



C1.2

Contract Data

23.4 Training and supervising of Entity personnel

The Contractor shall train personnel to be employed by the Entity to take over the functions of the

Control Centre prior to the end of the period of the issuing the Taking-Over Certificate, and ensure that an effective and smooth phasing in of the Control Centre takes place. Similarly, at the end of the period of the Operations Agreement the Operations Manager must properly hand over responsibility for the

Control centre to the designated staff member of the Entity who will continue fulfilling this role from that date onwards. The training procedures are covered in the Scope of Work and Detailed Specifications.

23.5 Reporting

The Contractor’s representative shall submit the report to the Engineer before the last working day of each month, setting out the activities of the month and listing KPI’s on performance. The list of KPI’s is to be jointly agreed by the Contractor’s representative and the Engineer prior to the commencement of the Operations Agreement, and may be adjusted by the Engineer in consultation with the Contractor’s

Representative from time to time during the period of the Operations Agreement.

23.6 Operations Agreement Price and Payment

Agreement

The Contractor shall submit, as part of the Bill of Quantities for this Contract, separate tender prices for period of the Operations Agreement. The price submitted for the Operations Agreement shall form part of the total tender price.

23.6.2 Payment and Retention Money

Interim payment certificates are payment will be dealt with according to clauses 14.3 and 14.6 and 14.7 of the Conditions of Contract and payment will be made on a monthly basis. The Employer shall withhold

10% of the value of each monthly Contractor’s claim, and the total amount retained will be paid at the time of payment of the final payment at the end of the Operations Agreement.

23.6.3 Adjustments for Changes in Cost

Clause 13.8 as provided in these Conditions of Contract shall apply to adjustments in the cost of labour that may be required.

24.1 Period of Maintenance Agreement

The Maintenance Agreement shall commence on the date of the issue of the Taking-Over certificate and be undertaken for a continuous period of 72 (seventy-two) months.

24.2 Assignment

The Contractor shall not cede or assign this Agreement or any part thereof or any benefit, obligation or interest therein or thereunder without the prior written consent of the Engineer, which shall not unreasonably be withheld.

24.3 Maintenance Personnel to be available

The personnel responsible for undertaking to implement the Maintenance Agreement shall report to a

Maintenance Manager who will fall under the direct responsibility of the Contractor’s Representative. A full-time staff of at least 1 (one) maintenance specialist for Phase 1A approved by the Engineer will be required for the full duration of the maintenance period. At least one specialist staff member shall be available at all times to respond to emergency calls and be at the location of the fault or incident within

60 (sixty) minutes of the official logging of the fault with the Contractor. The contractor will provide additional personnel to comply with the requirements outlined in Volume 2B, Section C13.6.

The Contractor shall employ during the period of the Maintenance Agreement only such persons as are careful, competent and efficient and the Engineer shall be at liberty to object to and require the

Contractor to remove from this Contract forthwith any person employed by the Contractor in the execution of the Maintenance Agreement who in the opinion of the Engineer misconducts himself or is incompetent or negligent in the proper performance of his duties, and such person shall not be again employed upon the contract without the permission of the Engineer.



C1.2

Contract Data

24.4 Contractor’s obligations in term of the Maintenance Agreement

The Contractor shall undertake:

(i)

(ii)

Emergency repairs and restoration of equipment and software;

All maintenance, repairs and replacement of defective equipment and software installed during the contract (Responsive Maintenance);

(iii)

(iv)

(v)

The installation and provision of proprietary software updates of all systems installed under the contract; and

Supplementary training of staff previously trained to operate updated software installed.

Planned Maintenance and Preventive Maintenance to comply to Current Best Practice.

The Parts of Site are divided into 4 (four) categories, as described below:

Control centre

The Contractor shall ensure the ongoing supply, installation and repair of all components for the uninterrupted operation of the Control Centre. The Contractor shall ensure the proper operation of all subsystems of the Control centre, without a disruption of operation, commencing on date of issue of the

Taking-Over certificate.

Stations

The Contractor shall ensure the ongoing supply, installation and repair of all components installed at IRT stations, stops and sections between stations installed under the Contract. The Contractor shall ensure the proper operation of all hardware and software systems installed under the Contract, without a disruption of service, commencing on the date of issue of the Taking-Over certificate.

Depots

The Contractor shall ensure the ongoing supply, installation and repair of all components installed at

Depots installed under the Contract. The Contractor shall ensure the proper operation of all hardware and software systems installed under the Contract, without a disruption of service, commencing on the date of issue of the Taking-Over certificate.

Vehicles

The Contractor shall ensure the ongoing functionality of software and communications systems linking equipment installed in vehicles with the Control Centre, as well as other on-board systems, commencing on the date of issue of the Taking-Over certificate.

Replacement defective or damaged parts 24.5

24.6

The Contractor shall be responsible for replacements or parts or components due to defects, accidents, theft, vandalism and force majeure. After the Defects Notification Period the Contractor shall claim the costs for such parts or components under pay items included in the Bills of Quantities.

Reporting and response times

The Contractor shall report all hardware or software failures to the Engineer, the Maintenance Manager and the official of the City or the Entity designated by the CEO of the Entity within a maximum time period as outlined in Section C3.16 in the Technical Specifications.

24.7 Performance inspections and reporting

To ensure compliance with Agreement, a monthly inspection shall be conducted of all Parts of Work.

This shall comprise of a checklist to be compiled according to the requirements of the Engineer, which shall be updated, as may be necessary from time to time to time to time. Inspections are to be undertaken by the Maintenance Manager. The Contractor’s representative shall submit the report to the

Engineer before the last working day of each month.

Penalties for non-compliance to submit monthly reports on performance inspections shall be 0.1% (zero point one percent) of the value of the following month’s payment for every one day the report is late.

24.8 Penalties non-compliance

The Employer shall have the right to impose penalties, based on the failure of the Contractor to undertake reporting and/or repairs within the times specified. Failure to do so will result in such affected problem areas being subject to penalties. These penalties shall apply to the following month’s payment,



C1.2

Contract Data

irrespective of the fact that the non-compliance had been subsequently rectified, and shall not be reversed.

24.9 Performance

The Contractor shall obtain (at his cost) a Performance Security for the proper performance under the

Maintenance Agreement, in the amount of 10% of the amount tendered for the Maintenance of the

Works. The Contractor shall deliver the Performance Security to the Employer on the date that the

Performance Security for the installation of the works following the Issue of the Performance certificate has been returned to the Employer.

The Employer shall return the Performance Security for the period of the Maintenance Agreement on the last day of the expiration of the period during which the Maintenance Agreement is in force.

24.10 Maintenance Agreement Price and Payment

24.10.1 Maintenance Agreement Price

The Contractor shall submit, as part of the Bill of Quantities for this Contract, separate tender prices for period of the Maintenance Agreement. The amount tendered for the Maintenance Agreement shall form part of the total tender price.

24.10.2 Payment and Retention Money

Interim payment certificates will be dealt with according to clauses 14.3 and 14.6 and 14.7 of the

Conditions of Contract and payment will be made on a monthly basis. The Employer shall withhold 10% of the value of each monthly Contractor’s claim, and the total amount retained will be paid at the time of payment of the final payment at the end of the Maintenance Agreement.

24.10.3 Adjustments for Changes in Cost

Clause 13.8 as provided in the these Conditions of Contract shall apply to adjustments in the cost of labour and any equipment and software that may be required to restore defects or damage for which the

Contractor is not liable.

EMPLOYER’S REQUIREMENTS REFERRED TO IN CONDITIONS OF CONTRACT

The matters referred to in some or all of the following Sub-Clauses may be included in the Employer’s

Requirements and are not repeated in the Contract Data, unless otherwise indicated:

1.8

1.13

2.1

4.1

4.6

4.7

Number of copies of Contractor’s Documents*

Permissions being obtained by the Employer

Phased possession of foundations, structures, plant or means of access*

Intended purposes for which the Works are required

Other contractors (and other) on the Site

Setting-out points, lines and levels of reference

Third

4.18

4.19 Electricity, water, gas and other services available on the Site

4.20 Employer’s Equipment and free-issue material

5.1 Criteria for design personnel*

5.2

5.4

5.5

Contractor’s Documents required, and whether for approval**

Technical standards and building regulations

Operational training for the Employer’s Personnel*

5.6

5.7

As-built drawings and other records of the Works

Operation and maintenance manuals

Facilities

Samples

Testing during manufacture and/or construction* 7.4

9.1

9.4 Damages for failure to pass Tests on Completion

12.1 Tests after Completion

12.4 Damages for failure to pass Tests after Completion

*These Sub-Clauses are/are also referred to in the Contract Data.

**See also Part C3.2 Engineering Design in Scope of Work



C1.2

Contract Data



CONTRACT NO. 25G/2009/10



C1.3

Form of Performance Security - Demand Guarantee

Brief description of Contract: DESIGN, SUPPLY, DELIVERY, INSTALLATION, TESTING,

COMMISSIONING AND MAINTENANCE OF THE IRT CONTROL CENTRE HARDWARE AND

SOFTWARE SYSTEMS (CONTRACT NO. 25G/2009/10)

Name and address of Beneficiary: CITY OF CAPE TOWN, TRANSPORT ROADS AND STORMWATER,

Tower Block, Civic Centre, 12 Hertzog Boulevard, Cape Town (whom the Contract defines as the Employer)

We have been informed that __________________ (hereinafter called the “Principal”) is your contractor under such Contract, which requires him to obtain a performance security.

At the request of the Principal, we ( name of approved financial institution ) _________________ hereby irrevocably undertake to pay you, the Beneficiary/Employer, any sum or sums not exceeding in total the amount of _____________ (the “guaranteed amount”, say: _________________________) upon receipt by us of your demand in writing and your written statement stating:

(a) that the Principal is in breach of his obligation(s) under the Contract, and

(b) the respect in which the Principal is in breach.

Any demand for payment must contain your Director: Transport Roads and Stormwater signature which must be authenticated by your bankers or by a notary public. The authenticated demand and statement must be received by us at this office on or before ( the date 70 days after the expected expiry of the Defects

Notification Period for the Works) _________________ (the “expiry date”), when this guarantee shall expire and shall be returned to us.

We have been informed that the Beneficiary may require the Principal to extend this guarantee if the performance certificate under the Contract has not been issued by the date 28 days prior to such expiry date. We undertake to pay you such guaranteed amount upon receipt by us, within such period of 28 days, of your demand in writing and your written statement that the performance certificate has not been issued, for reasons attributable to the Principal, and that this guarantee has not been extended.

This guarantee shall be governed by the laws of the Republic of South Africa and shall be subject to the

Uniform Rules for Demand Guarantees, published as number 458 by the International Chamber of

Commerce, except as stated above.

Date_____________________ Signature(s)______________________________________________



C1.3

Performance Security - Demand Guarantee

ANNEXURE

LIST OF APPROVED FINANCIAL INSTITUTIONS

The following financial institutions are currently (as at 26 November 2008) approved for issue of contract guarantees to the City:

National Banks:

ABSA Bank Ltd.

Development Bank of Southern Africa

FirstRand Bank Ltd.

Gensec Bank Ltd.

Imperial Bank Ltd.

Infrastructure Finance Corporation

Investec Bank Ltd.

Land & Agricultural Bank of SA

Mercantile Bank Ltd.

Nedbank Ltd.

Standard Bank of SA Ltd.

SA Bank of Athens

International Banks (with branches in SA):

ABN AMRO Bank n.v.

Barclays Bank plc.

Citibank n.a.

Commerzbank Aktiengesellschaft

Credit Agricole-Indosuez

Deutsche Bank AG

JP Morgan Chase Bank

Societe Generale

Standard Chartered Bank

Insurance companies:

ABSA Insurance

AIG South Africa

Auto & General

Coface s.a.

Compass Insurance Co.

Constantia Insurance Co.

Credit Guarantee Insurance Co.

Emerald Insurance Co.

Federated Employers Mutual Assurance Co.

Guardrisk Insurance Co.

Home Loan Guarantee Co.

Lion of Africa Insurance Co.

Lombard Insurance

MUA Insurance

Mutual & Federal Insurance Co.

New National Assurance Co.

Regent Insurance Co.

Zurich Insurance Co.

C1.3

Performance Security - Demand Guarantee Part C1: Agreements and Contract Data




CONTRACT NO. 25G/2009/10



C1.4 Occupational Health and Safety Agreement

AGREEMENT MADE AND ENTERED INTO BETWEEN THE CITY OF CAPE TOWN (HEREINAFTER CALLED

THE “EMPLOYER”) AND

……………………....................………………………………….............…………………………. ,

(Contractor/Mandatary/Company/CC Name)

IN TERMS OF SECTION 37(2) OF THE OCCUPATIONAL HEALTH AND SAFETY ACT, ACT No. 85 OF 1993

AS AMENDED.

I, ……………………………………....……………………………................…………………………. , representing

……………………....................………………………………….............…………………………. , as an employer in its own right, do hereby undertake to ensure, as far as is reasonably practicable, that all work will be performed, and all equipment, machinery or plant used in such a manner as to comply with the provisions of the Occupational

Health and Safety Act (OHSA) and the Regulations promulgated 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 licensed compensation insurer.

COID ACT Registration Number:

OR Compensation Insurer: ........................................................ Policy No.: .....................................................

I undertake to appoint, where required, suitable competent persons, in writing, in terms of the requirements of

OHSA and the Regulations and to charge him/them with the duty of ensuring that the provisions of OHSA and

Regulations as well as the Council’s Special Conditions of Contract, Way Leave, Lock-Out and Work Permit

Procedures are adhered to as far as reasonably practicable.

I further undertake to ensure that any subcontractors employed by me will enter into an occupational health and safety agreement separately, and that such subcontractors comply with the conditions set.

I hereby declare that I have read and understand the appended Occupational Health and Safety Conditions and undertake to comply therewith at all times.

I hereby also undertake to comply with the Occupational Health and Safety Specification and Plan.

Signed at .......................................on the......................................day of....................................20….

____________________

Signed at ...................................... on the.....................................day of......................................20 ....

_______________________ ____________________

Witness

City of Cape Town

C1.4

Health and Safety Agreement Part C1: Agreements and Contract Data


OCCUPATIONAL HEALTH AND SAFETY CONDITIONS

1.

2.

3.

4.

5.

6.

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.

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.

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.

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.

Discipline in the interests of occupational health and safety shall be strictly enforced.

Personal protective equipment shall be issued by the Contractor as required and shall be worn at all times where necessary.

7.

8.

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.

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

13. Prior to commencement of any work, verified copies of all documents mentioned in the agreement, must be presented to the Employer. allowed to remain on the site.



C1.4

Health and Safety Agreement


Pages

C2.2 Schedules of Quantities ...........................................................111 – 125



C2

Pricing Data



CONTRACT NO. 25G/2009/10



C2.1 Pricing Instructions

1. The Schedules of Quantities contain only brief descriptions to identify the salient items required and the

Tenderer is referred to the Scope of Work and drawings for the full requirements.

2. The prices and rates to be inserted in the Schedules of Quantities are to be the full inclusive prices for the work described under the several items. Such prices and rates shall cover all costs and expenses that may be required in and for the execution of the work described, and shall cover the cost of all general risks, liabilities, and obligations set forth or implied in the documents on which the tender is based, as well as overhead charges and profit. Reasonable prices shall be inserted as these will be used as a basis for assessment of payment for additional work that may have to be carried out.

3. A price or rate is to be entered against each item in the Schedules of Quantities, whether the quantities are stated or not. An item against which no price is entered will be considered to be covered by the other prices or rates in the Schedules of Quantities.

4. Except where rates only are required, insert all amounts to be included in the total tendered price in the

"Amount" column and show the corresponding total tendered price. The total tendered price shall govern in the event of any arithmetical errors (refer to F3.9 in Annex F attached to page vii).

5. The units of measurement described in the Schedules of Quantities are metric units, as well as the following:

No. = number

Item /Sum =

Prov sum =

Days = lump sum

Provisional sum

“Day” as defined in the Conditions of Contract

6. Items have been provided where any further items considered necessary by the Tenderer can be priced. The

Tenderer must provide full details of what has been allowed for with his Tender under these items.

7. If any change in design is contemplated during the course of the Contract, the Contractor will be required to provide the Engineer with a detailed breakdown of the contract price involved with a similarly detailed breakdown of the suggested revised price together with supporting quotations and other relevant documentation to satisfy the Engineer that the revised price is built up in a similar manner to the original contract price.

8. The Tenderer is referred to Sub-Clause 4.11, Sufficiency of the Accepted Contract Amount, of the General

Conditions of Contract (“General Conditions”).

9. The Tenderer is referred to Sub-Clause 14.1, The Contract Price, of the General Conditions as amended in the Particular Conditions in Part C1.2 Contract Data.

10. References to the Conditions of Contract in the Schedules of Quantities shall mean the General Conditions read in conjunction with the Appendix to Tender and Particular Conditions, all as set out in Part C1.2 Contract

Data.

11. The Tenderer is referred to F2.13.1 in Part T1.2 Tender Data regarding the pricing of Variations from

Specification and/or Options.



C2.1

Pricing Instructions

12. The Tenderer is referred to Sub-Clause 13.8 of the Particular Conditions in Part C1.2 Contract Data regarding Contract Price Adjustment and Variations in Rates of exchange; regarding the latter, the Tenderer is specifically referred to the Contractor’s obligation to take out forward cover. Returnable Schedule 19 is attached hereto and must be completed by the Tenderer in conjunction with pricing the relevant items in the

Schedules of Quantities. The Tenderer’s attention is also drawn to Sub-Clauses 2.1(b) and 10.3 (b) of the

Particular Conditions.

13. The Rand value of imported equipment listed in Schedule 25 shall be carried forward from column (F) and included in the price of each of the relevant items in the Schedules of Quantities.



C2.1

Pricing Instructions



CONTRACT NO. 25G/2009/10



SCHEDULE 25: PRICE BASIS FOR IMPORTED EQUIPMENT



C2.1

Returnable Schedule 19



CONTRACT NO. 25G/2009/10



C2.2 Schedules of Quantities

CONTENTS

SCHEDULE NO. 1 General Obligations and Site Establishment

SCHEDULE NO. 2 Dayworks and Environmental Management Plan

SCHEDULE NO. 3 Design, Testing and Documentation

SCHEDULE NO. 4 Housing and Offices for Engineer's Site Personnel

SCHEDULE NO. 5 On-Board Systems

SCHEDULE NO. 6 Stations and Stops

SCHEDULE NO. 7 Control Centre

SCHEDULE NO. 8 Depots

SCHEDULE NO. 9 Maintenance

SCHEDULE NO. 10 Operations and Training

TOTAL

DECLARATION

PAGES

109

110

111

112

113

114

115

116

117

118

119

120

121



C2.2

Schedules of Quantities


TENDER NO. 25G/2009/10

DESIGN, SUPPLY, DELIVERY, INSTALLATION, TESTING, COMMISSIONING AND

MAINTENANCE OF THE IRT CONTROL CENTRE HARDWARE AND SOFTWARE

Schedule 1: General Obligations and Site Establishment

NAME OF TENDERER__________________________________________

UNIT QTY RATE AMOUNT ITEM DESCRIPTION

The rates and lump sums to be filled in hereunder must make provision for all the general time and value related expenses and cost of the contract

1.1

Fixed Obligations

Performance Security in accordance with FIDIC clause 4.2 of the

Conditions of Contract

1.2

Establishment and De-establishment on site

1.3

Supervision during installation

Sum

Sum

Sum

1.4

Attendance at 2-Weekly Progress Meetings during project implementation Sum

1.5

Attendance at Monthly Meetings during defects liability period

1.6

Other General expenses incurred in complying with the requirements of the

Scope of Work not included above (Specify):-

Sum

Sum

1.7

1.8

1.9

1.10

1.11

Time Related Obligations

Insurance of the Works in accordance with FIDIC clause 18.2 of the


Third Party Insurance in accordance with FIDIC clause 18.3 of the


Insurance against accident in accordance with FIDIC clause 18.4 of the


Office and Workshop accommodation

Other General expenses incurred in complying with the requirements of the

Scope of Work not included above (Specify):month 16 month 16 month 16 month 16 month 16

1.12

Health and safety obligation: Compliance with Construction Regulations including submission and implementation of a health & safety plan month 16

TOTAL CARRIED FORWARD TO SUMMARY

Contract

Part C2: Pricing Data

Reference No 25G/2009/10 109

C2.2

Schedule of Quantities


TENDER NO. 25G/2009/10



Schedule 2: Dayworks and Environmental Management Plan

NAME OF TENDERER__________________________________________

ITEM DESCRIPTION UNIT QTY RATE AMOUNT

2.1

Personnel during normal working hours (Dayworks)

(a) Unskilled labour

(b) Semi-skilled labour

(c) Skilled labour

(d) Artisan (Welder of similar)

(e) Ganger

(f) Flagmen

(g) Electrician

(h) Fibre optics Technician

(i) Electronics Technician

(j) Programmer

(k) Network Engineer

(l) Systems Engineer h h h h h h h h h h h h

10

10

50

50

50

100

100

50

10

50

20

20

2.2

Environmental Management Plan a)

Environmental Management: Compliance with the requirements of an

Environmental Management Plan and the relevant legislation (Fidic Clause

4.18) month 16 b) Penalty for serious violations:

(HAZMAT Spills, dumping and pollution of water sources) c) Penalty for violations:

(Littering, urinating & defacating, illegal fires, persistent fuel and oil leaks, excess dust and noise, intoxicating substances on site, speeding)

No

No -

-R 10,000.00

-R 1,000.00

Rate Only

Rate Only


Contract



C2.2



TENDER NO. 25G/2009/10



Schedule 3: Design, Testing and Documentation

NAME OF TENDERER__________________________________________


The design process is an essential part of the implementation of this project. The contractor will be required to do all designs and illustrate that the proposed design can meet the City's requirements as outlined in Volume 2B.

A preliminary design on which the tender is based must also be completed and provided with the tender

3.1

High level design done according to paragraph C3.2.1.1

a) On-board systems according to Paragraph C3.9

b) Control Centre according to Paragraph C3.10

c) Trunk Stations according to Paragraph C3.11

d) Feeder Stations according to Paragraph C3.12

e) Bus Depots according to Paragraph C3.13

f) Maintenance according to Paragraph C3.16

Sum

Sum

Sum

Sum

Sum

Sum

3.2

Detail design done according to paragraph C3.2.1.2

a) On-board systems according to Paragraph C3.9

b) Control Centre according to Paragraph C3.10

c) Trunk Stations according to Paragraph C3.11

d) Feeder Stations according to Paragraph C3.12

e) Bus Depots according to Paragraph C3.13

f) Maintenance according to Paragraph C3.16

Sum

Sum

Sum

Sum

Sum

Sum

3.3

Implementation and testing according to Paragraph C3.4

a) Prototype (unit) or sub system testing (Reliability Testing) b) Factory Acceptance Tests (FAT’s)

Sum

Sum c) System Integration Test (SIT) d) Onsite Integration Testing (OIT)

Sum

Sum e) Site Acceptance Tests (SAT’s) f)

Sum

Provisional Sum for travel arrangements for engineer to attend acceptance

Prov Sum tests. Payable against proof of invoice

3.4

Documentation (Paragraph C3.2.2) a) Material selection documentation b) Installation manuals c) Training manuals d) Test documentation e) As-built documentation f) Operation and maintenance documentation g) O&M manuals h) User manuals i) System administration manual j) As Built Drawings

Sum

Sum

Sum

Sum

Sum

Sum

Sum

Sum

Sum

Sum

R 100,000.00


Contract



C2.2



TENDER NO. 25G/2009/10



Schedule 4: Housing and Offices for Engineer's Site Personnel

NAME OF TENDERER__________________________________________


4.1

Office Accommodation for one person (15sqm) over contract period with access to boardroom facilities, ablutions and parking. Office will be neatly finished with airconditioning and sufficient light.

Month 16

4.2

Office Furniture a) Desk complete with drawers and locks b) Desk Chair c) Conference Table d) Chairs for Conference Table e) Bookcase f) Filling Cabinet

4.3

Office Equipment and Services a)

Cost of cell phone calls, pro-rata usage for contract administration purposes and cell phone rental

No

No

No

No

No

No

Prov Sum b)

Provision of telephone services with fax facilities, including cost of calls and fax transmissions in connection with contract administration and telephone and fax rental

Prov Sum

1

1

1

12

1

1 c)

Contractors handling cost, profit and all other charges in respect of item

4.3 (a) d)

Contractors handling cost, profit and all other charges in respect of item

4.3 (b) e) Provision of Photostat Facilities

%

% month 16

R 15,000.00

R 15,000.00


Contract



C2.2



TENDER NO. 25G/2009/10



Schedule 5: On-Board Systems

NAME OF TENDERER__________________________________________

ITEM DESCRIPTION UNIT QTY SUPPLY EQUIPMENT

RATE AMOUNT

INSTALL EQUIPMENT

RATE AMOUNT

The rates must make provision for all specified equipment and miscellaneous auxiliary materials in order to handover the complete installation as specified and includes hardware and all related software for each subsystem and integration between systems.The pay items listed must be priced according to the contractor's design which will satisfy the technical requirements outlined in Volume 2B.

5.1

Vehicle logic unit (VLU) - Including all systems integration required for equipment supplied and installed by the bus manufacturer - (C3.9.5)

No.

5.2

Mobile wireless router (GSM/UMTS) -

(C3.9.5) If not integrated in the VLU

No.

5.3

Wireless LAN (Wi-Fi) - (C3.9.5)

(If not integrated in VLU)

5.4

Tetra Radio Unit - (C3.9.5)

(If not integrated in VLU)

5.5

Automatic vehicle location (AVL) system integration - (C3.9.6)

No.

No.

No.

5.6

Mobile data terminal (MDT) - (C3.9.7)

5.7

Media server and integration with supplied and installed displays (by bus manufacturer)

- (C3.9.5.1)

No.

No.

5.8

Digital video recorder (DVR) and integration with cameras provided and installed by others - (C3.9.11)

No.

5.9

Signal Priority Emitter - (C3.9.12)

5.10

Traffic Signal priority receivers (to be installed in traffic signal controllers) -

(C3.9.12)

No.

No.

5.11

Integration with equipment provided by Bus

Manufacturer

Sum

5.12

Any other items as may be necessary to complete the installation

Detail Items below:

Sum

245

245

245

245

245

245

85

245

85

50

…………………………………………………

…………………………………………………

…………………………………………………

…………………………………………………

…………………………………………………

…………………………………………………

……………..

TOTAL CARRIED FORWARD TO SUMMARY PAGE

Contract



C2.2



TENDER NO. 25G/2009/10



Schedule 6: Stations and Stops

NAME OF TENDERER__________________________________________


RATE AMOUNT


RATE AMOUNT


Trunk Stations - C3.11

6.1

On-station server PC and required software

6.2

Kiosk network switch

6.3

Supporting platform network switches

6.4

Network video recorder (NVR) with control software

6.5

CCTV Control and Video Display in Kiosk

No.

No.

No.

No.

No.

17

17

19

8

17

No.

No.

17

17

6.6

GSM/UMTS modem

6.7

Fibre patch panels

6.8

Internal passenger information display

(a) LCD type display

(b) LED type display - 2 lines

(c) LED type display - 3 lines

No.

No.

No.

144

1

1

6.9

Internal LCD infotainment display (Optional)

6.10

IP CCTV cameras, enclosure, wiring and sundry materials for a complete installation

6.11

Emergency and information IP intercom

6.12

6.13

IP based intruder detection system per station platform

Any other items as may be necessary to complete the installation. Detail below:

No.

No.

No.

No.

Sum

1

180

36

36

……………………………………………………

……………………………………………………

……………………………………………………

Feeder Stops - C3.12

6.14

Single sided LED information display

6.15

Double sided LED information display

6.16

Small/Keyhole CCTV camera

6.17

GSM/UMTS modem

6.18

Power supply, battery and battery charger

6.19

Steel enclosure

6.20

Emergency and information IP intercom

6.21

Network switch

6.22

Video encoder and recorder

6.23


……………………………………………………

…………..

……………………………………………………

…………..

……………………………………………………

…………..


Sum

No.

No.

No.

No.

No.

No.

No.

No.

No.

54

54

109

109

109

109

109

109

109

Contract


Reference No 25G/2009/10

114

C2.2



TENDER NO. 25G/2009/10



Schedule 7: Control Centre

NAME OF TENDERER__________________________________________


RATE AMOUNT


RATE AMOUNT


7.1

Central processing system (C3.10.7.1) Sum 1

7.2

Bus monitoring subsystem (C3.10.7.2) Sum 1

7.3

Computer aided dispatch subsystem (C3.10.7.2) Sum 1

7.4

Bus scheduling subsystem (C3.10.7.2) Sum

7.5

Database and reporting subsystem (C3.10.7.3) Sum

7.6

Traveller information website (C3.10.7.4)

7.7

Infotainment content management system

(C3.10.7.1)

Sum

Sum 1

7.8

Digital video management system (C3.10.7.5) Sum 1

7.9

Communications server (C3.10.7.6)

7.10 Data backup system (C3.10.6.2)

7.11 Infrastructure server (e-mail etc) (C3.10.6.2)

7.12 Internet and firewall server (C3.10.7.6)

7.13 TETRA network linkup system (C3.15.6)

7.14 DLP (100") display for video wall (C3.10.2)

7.15 DLP (50") display for video wall (C3.10.2)

Sum

Sum

Sum

Sum

Sum

Sum

Sum

7.16 40" LCD displays for video wall (C3.10.2)

7.17 Video wall management system (C3.10.7.2)

7.18 Workstations

(a)

Security surveillance display and CCTV keyboard and joystick (C3.10.6.1)

Sum

Sum

No.

(b) System operator workstation (C3.10.6.1)

(c) IP call servicing workstation (C3.10.6.1)

No.

No.

7.19

Network Switches, WLAN and related support devices (C3.10.7.6)

Sum

7.20

Network cabling including connectors and sundry material for a complete installation

(C3.10.7.6)

Sum

7.21 IP telephone system for workstations (C3.10.6.1) Sum

7.22

7.23

Support office equipment (printer, plotter, fax machine, scanner etc) (C3.10.6.2)


…………………………………………………

Sum

Sum

12

1

5

5

2

1

1

1

1

1

1

1

1

1

1

1

1

1

1

…………………………………………………


Contract



C2.2



TENDER NO. 25G/2009/10



Schedule 8: Depots

NAME OF TENDERER__________________________________________

ITEM DESCRIPTION UNIT QTY SUPPLY MATERIASum

RATE AMOUNT

SUPPLY LABOUR

RATE AMOUNT

The rates must make provision for all specified equipment and miscellaneous auxiliary materiaSum in order to handover the complete installation as specified and includes hardware and all related software for each subsystem and integration between systems.The pay items listed must be priced according to the contractor's design which will satisfy the technical requirements outlined in Volume 2B.

DEPOT SYSTEMS (INSTALLED) - C3.13

Hardware

8.1

Depot Server Computer No.

8.2

Gigabit fibre optic backbone network switch No.

8.3

ADSL modem

8.4

Workstations

No.

No.

8.5

IP telephone system (excludes call centre)

8.6

Network cabling including connectors and sundry material for a complete installation

No.

Sum

8.7

8.8

IP CCTV cameras, enclosure, wiring and sundry materiaSum for a complete installation

Network Video Recorder (NVR) with control software

Software

8.9

Video view/review and security application

8.10


…………………………………………………

…………………………………………………

…………………………………………………

…………………………………………………

No.

No.

No.

Sum

2

1

2

2

2

4

20

2

2


Contract



C2.2



TENDER NO. 25G/2009/10



Schedule 9: Maintenance

NAME OF TENDERER__________________________________________

ITEM DESCRIPTION UNIT QTY SUPPLY MATERIALS

RATE AMOUNT

SUPPLY LABOUR

RATE AMOUNT

Maintenance shall be provided and performed according to the definitions and guidelines specified in Section C3.16

DEFECTS LIABILITY, EQUIPMENT GUARANTEES, MAINTENANCE AND REPAIR - C3.16

9.1

Equipment Guarantees

Guarantee of all equipment against defects and failure for a period of 1 year from date of acceptance of the system

Sum

9.2

Responsive Maintenance and Repair

(a)

Maintenance and Repair - Year 1: from date of final acceptance of the system.

(b)

(c)

(d)

Year 2

Year 3

Year 4

(e)

(f)

(g)

Year 5

Year 6

Provisional Sum for Spares

9.3

Preventative Maintenance

(a)

Monthly cost of all preventive maintenance costs as specified in Section C3.16.

On-Board System

(b) Central Control System

(c) Advanced Traveller Information System

(d) Data and Video Transmission System

(e) Visual Surveillance System month month month month month

9.4

Maintenance Management Software in accordance with Section C3.16.2

No.

month month month month month month

Prov

12

12

12

12

12

12

Sum

1

72

72

72

72

72

9.5

Penalties : Maintenance response times

Penalties payable for non-compliance with the minimum maintenance response times as listed in

Table 2 under section C3.16.2.

(a)

(b)

(c)

Priority Level 1

Priority Level 2

Priority Level 3

No.

No.

No.

1

1

1

-R5,000.00

-R2,000.00

-R1,000.00

R500,000.00

Rate Only

Rate Only

Rate Only


Contract



C2.2



TENDER NO. 25G/2009/10



Schedule 10 - Operations and Training

NAME OF TENDERER__________________________________________


The rates to be filled in hereunder must make provision for all labour required to fulfil the detail operational an training requirements as specified and should include the total cost of labour

Operations of System according to C3.17

10.1

Operations Manager (x1) Months 24

10.2.1

Operator A (x3)

10.2.2

Operator B (x3)

Months

Months

10.3

Contractor's handling cost, profit and all other charges in respect of above personnel

%

24

24

Training according to C3.5

10.4

Onboard operations Course/Class

10.5

Operations Course/Class

10.6

Maintenance Course/Class

10.7

System administration Course/Class

10.8

Radio system Course/Class

10.9

Reporting Course/Class

10.10

IT training Course/Class

10.11

Follow-up training

No.

No.

No.

No.

No.

No.

No.

No

2

2

2

2

2

2

2

1


Contract



C2.2



TENDER NO. 25G/2009/10



NAME OF TENDERER__________________________________________

Schedule 1

Schedule 2

Schedule 3

Schedule 4

Schedule 5

Schedule 6

Schedule 7

Schedule 8

Schedule 9

General Obligations and Site Establishment

Dayworks and Environmental Management Plan

Design, Testing and Documentation

Housing and Offices for Engineer's Site Personnel

On-Board Systems

Stations and Stops

Control Centre

Depots

Maintenance

Schedule 10 Operations and Training

TOTAL CARRIED FORWARD TO CALCULATION OF TENDER SUM

SUB TOTAL

AMOUNT

Contract



C2.2



TENDER NO. 25G/2009/10



NAME OF TENDERER__________________________________________

ITEM DESCRIPTION UNIT QTY

Brought Forward:

CONTINGENCIES

The following items will be deducted in part or whole if not required :-

RATE

Allow for Contingencies to be spent as the Engineer may direct.

Prov Sum

Allow for any additional Cost and profit required per day in the event of access to, and possession of, the Site not being available as per Sub-Clause 2.1(b) of the Conditions of Contract.

Days 35

Allow for any additional Cost and profit required per day in the event of a delay in the testing and commissioning at

Site and the resultant delay in the commencement of the

Defects Notification Period from causes not attributable to the Contractor, as per Sub-Clause 10.3 (b) of the

Conditions of Contract.

Days 35

Allow for all costs and expenses in leaving Site and returning at a later date due to causes not attributable to the Contractor.

Lump Sum

TOTAL

AMOUNT

R 5,000,000.00

TOTAL Excluding VAT

VAT @ 14%

TOTAL CARRIED FORWARD TO FORM OF OFFER AND ACCEPTANCE

Contract



C2.2


DECLARATION (In respect of completeness of Tender)

City of Cape Town

Tower Block, Civic Centre

12 Hertzog Boulevard

CAPE TOWN

I/We, the undersigned, do hereby declare that these are the properly priced Schedules of Quantities forming Part

C2.2 of this Contract Document which contains 138 pages numbered i to xvii and 1 to 121 in consecutive order in

Volume 2A and the number of pages in consecutive order in Volume 2B as stated on page i thereof, upon which my/our tender for

TENDER NO. 25G/2009/10: DESIGN, DESIGN, SUPPLY, DELIVERY, INSTALLATION,

TESTING, COMMISSIONING AND MAINTENANCE OF THE IRT CONTROL CENTRE HARDWARE AND

SOFTWARE SYSTEMS has been based.

------------------------------------------------------------------------

SIGNATURE OF TENDERER/S

-----------------------------------------------------------

DATE



C2.2

Schedules of Quantities