CITY OF CAPE TOWN TENDER No. 205C/2011/12 PROVISION OF PROFESSIONAL SERVICES : MyCiTi INTEGRATED RAPID TRANSIT SYSTEM : Business Development, Industry Transition & Operations GENERAL TENDER INFORMATION TENDER ADVERTISED : Friday, 25 November 2011 CLARIFICATION MEETING : 10h00 on Friday, 09 December 2011 (Not compulsory but strongly recommended) VENUE FOR CLARIFICATION MEETING : CLOSING DATE : Friday, 27 January 2012 CLOSING TIME : 10h00 CLOSING VENUE : Tender Box 28 at the Tender Submission nd Office, 2 Floor (Concourse Level), Civic Centre, 12 Hertzog Boulevard, Cape Town TENDER BOX 28 : 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. If the tender offer is too large to fit into the abovementioned box or the box is full, please enquire at the public counter opposite the tender boxes for an alternative tender box. The onus remains with the tenderer to ensure that the tender is placed in either the original or alternative box. TENDER INFORMATION i th Offices of the City of Cape Town, Room 1, 6 Floor, Podium Block, Civic Centre, Hertzog Boulevard, Cape Town CITY OF CAPE TOWN IRT OPERATIONS TENDER No 205C/2011/12 PROVISION OF PROFESSIONAL SERVICES MyCiTi INTEGRATED RAPID TRANSIT SYSTEM : Business Development, Industry Transition & Operations Contents Number Heading The Tender Part T1: Tendering procedures T1.1 Tender Notice and Invitation to Tender 2 T1.2 Tender Data 3 Part T2: Returnable documents T2.1 List of Returnable Documents 27 T2.2 Returnable Schedules 28 The Contract Part C1: Agreements and Contract Data C1.1 Form of Offer and Acceptance 65 C1.2 Contract Data 69 C1.3 Occupational Health and Safety Agreement 73 Part C2: Pricing data C2.1 Pricing Assumptions 76 C2.2 Pricing Schedule 79 Part C3: Scope of Work C3.1 Scope of Work 99 Part C4: Background information 126 C4.1 CIDB Standard Professional Service Contract C4.2 Background document ii Part T1: Tendering procedures T1.1 Pages Tender Notice and Invitation to Tender.................................................. 2 T1.2 Tender Data .............................................................................................. 3 Tender Part T1: Tendering procedures Reference No. 205C/2011/12 1 T1 Tendering Procedures CITY OF CAPE TOWN IRT OPERATIONS TENDER No 205C/2011/12 PROVISION OF PROFESSIONAL SERVICES MyCiTi INTEGRATED RAPID TRANSIT SYSTEM : Business Development, Industry Transition & Operations T1.1 Tender Notice and Invitation to Tender The CITY OF CAPE TOWN, Director: IRT Operations, invites tenders for Tender No. 205C/2011/12: Provision of Professional Services : MyCiTi MyCiTi INTEGRATED RAPID TRANSIT SYSTEM : Business Development, Industry Transition & Operations Tenderers must be registered on the City of Cape Town’s Vendor Database. Tenderers who are not registered on the City of Cape Town’s Vendor Database are not precluded from submitting tenders, but must however be registered prior to the evaluation of tenders in order for their tenders to be responsive. Preferences are offered to tenderers who have HDI Equity Ownership status. In order to qualify for preference points in the evaluation of tenders, tenderers must be registered and verified on the Western Cape Supplier Database prior to the evaluation of tenders. The physical address for collection of tender documents is: nd Tender Distribution Office, 2 Floor (Concourse Level), 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, 25 November 2011. A non-refundable tender deposit of R300.00 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 Van Heerden, Tel No. 021 400 2505, Fax No. 021 400 2345, e-mail: alan.vanheerden@capetown.gov.za. A non-compulsory but strongly recommended clarification meeting will be held on Friday, 9 December at 10h00 th at the offices of the City of Cape Town, in Room 1, 6 Floor, Podium Block, Civic Centre, Hertzog Boulevard, Cape Town. The closing time for receipt of tenders is 10h00 on Friday, 27 January 2012. Telegraphic, telephonic, telex, facsimile 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. Tender Part T1: Tendering procedures Reference No. 205C/2011/12 2 T1.1 Tender Notice and Invitation to Tender CITY OF CAPE TOWN IRT OPERATIONS TENDER No 205C/2011/12 PROVISION OF PROFESSIONAL SERVICES MyCiTi INTEGRATED RAPID TRANSIT SYSTEM: Business Development, Industry Transition & Operations T1.2 Tender Data The conditions of tender are the Standard Conditions of Tender as contained in Annex F of Board Notice 86 of 2010 in Government Gazette No. 33239 of 28 May 2010, 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 Data (see Par C4.1). 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: Clause Number F.1 F.1.1 F.1.2 Tender Data General Actions Add the following: The Employer is the City of Cape Town, represented by the Director: IRT Operations (“the Employer’s representative”). Tender Documents Add the following: The following documents form part of this tender: This tender document issued by the Employer (Tender No 205C/2011/12, in respect of: PROVISION OF PROFESSIONAL SERVICES: MyCiTi INTEGRATED RAPID TRANSIT SYSTEM : Business Development, Industry Transition & Operations), in which is bound: 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 T2.2 Returnable schedules The Contract Part C1: Agreements and contract data C1.1 Form of offer and acceptance C1.2 Contract data C1.3 Occupational Health and Safety Agreement Part C2: Pricing data C2.1 Pricing Assumptions C2.2 Pricing Schedule Part C3: Scope of work C3.1 Scope of Work Part C4: Background information C4.1 CIDB Standard Professional Service Contract C4.2 Background document This document must be returned to the Employer, completed in all respects, together with any additional supporting documentation required, in terms of submitting a tender offer. Tender Part T1: Tendering procedures Reference No. 205C/2011/12 3 T1.2 Tender Data F.1.4 Communication and employer’s agent Add the following: The Employer’s agent, for the purposes of any communication between the employer and tenderer, is: Name: Sharon Hill Postal address: IRT Operations PO Box 1694 Cape Town, 8000 Tel: +27 021 400 9354 Fax: + 27 021 400 5697 E-mail: sharon.hill@capetown.gov.za For any communication, other than submission of the tender, email is the preferred method of communication. All communication via email must quote as the first item of the subject line the tender number 205C/2011/12. Failure to do so may result in delayed response. Attention is drawn to the fact that verbal information given by the employer’s agent prior to the close of tenders 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. F.1.6.2 F.1.6.3 Competitive negotiation procedure Add the following to F.1.6.2 A competitive negotiation procedure will not be followed. Proposal procedure using the two-stage system Add the following to F.1.6.3 A two-stage system will not be followed. F.2 Tenderer’s obligations F.2.1 Eligibility Add the following to F.2.1.1 Only those tenderers who satisfy the following eligibility criteria are eligible to submit tenders: F.2.1.1 F.2.1.1.1 City of Cape Town Vendor Database Registration Only those tenderers who are registered on the City of Cape Town’s Vendor Database as a service provider prior to the evaluation of submissions are eligible to have their tender evaluated (the evaluation of tenders shall be deemed to take place when the Employer’s Bid Evaluation Committee meets to make a recommendation to the Bid Adjudication Committee). The Employer will only enter into a formal contract with a tenderer who is registered on the City of Cape Town’s 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 Vendor Database may collect th registration forms from the Manager: Supplier Management, 8 Floor, Civic Centre (Tel 021 400 4413). F.2.1.1.2 Western Cape Supplier Database Registration In order to qualify for preference points in the evaluation of tenders, tenderers must be registered and verified on the Western Cape Supplier Database prior to the evaluation of tenders (the evaluation of tenders shall be deemed to take place when the Employer’s Bid Evaluation Committee meets to make a recommendation to the Bid Adjudication Committee). In the case of Joint Venture partnerships this will apply individually to each party of the Joint Venture. That is, if one of the parties is not registered and verified prior to the evaluation of tenders, the percentage contribution of that party shall be excluded from the calculation of the HDI status of the Joint Venture itself. It is the responsibility of tenderers to ensure that this requirement is complied with prior to the evaluation of tenders. Tenderers who wish to register on the Western Cape Supplier Database may contact the Western Cape Supplier Database Help Desk on 0861-225577 or 021 680 4600, or e-mail supplierdatabase@tradeworld.net. F.2.1.1.3 Local office Tender Part T1: Tendering procedures Reference No. 205C/2011/12 4 T1.2 Tender Data In order to be considered for an appointment in terms of this tender, tenderers must have an office in the Cape Town Municipal area, through which all communication with the employer will flow, and where the majority of work in terms of this tender will be carried out. The address of the local office 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. F.2.1.1.4 Key personnel The Service Provider shall maintain the involvement of key personnel as the exigencies of this contract require as listed in “Part C.3.1 Scope of Works” (see page 122). All the provisions of par 23 of the Scope of Works apply as tender conditions. F.2.1.1.5 Support resources Key personnel must have access to, and familiarity with, a computer software package that is capable of programming and accurately tracking project activities, resources and costs. Details of the software package that will be used must be indicated on Schedule 9, Part T2.2: Returnable Schedules. F.2.1.1.6 Professional indemnity insurance The employer shall not award a contract to any tenderer that does not hold valid professional indemnity (PI) insurance providing cover in an amount of not less than R25 000 000 in respect of each and every claim during the period of insurance. Proof of insurance or confirmation from a reputable Insurance Broker that the Tenderer is eligible for the prescribed professional indemnity insurance cover should he/she be awarded the contract, must be submitted with the tender, appended to Schedule 10, Part T2.2 : Returnable Schedules. F.2.1.1.7 Minimum score for quality In order to be considered for a contract in terms of this tender, tenderers must achieve the minimum score for quality as stated below. (i) (ii) (ii) Bids will be evaluated to see whether they meet the minimum requirements for quality in each assessment criterion as set out in Tables 1 and 2 below. They also need separately to meet the overall threshold per Table / Functional area. Bidders that do not meet the minimum threshold in respect of 10 out of the 12 functional areas as contemplated in Table 2 shall not be eliminated provided that a) They score at least 60% in the two areas where they do not meet the minimum threshold; and b) They meet the overall minimum threshold as contemplated in Table 3. If none of the bidders meet the required minimum thresholds resulting in all bidders being eliminated as contemplated in clause D(ii) above, the City reserves the right to, in its sole discretion, reduce all thresholds by 10 nominal percentage points of the threshold as stated below (eg if the City exercises this option, a threshold of 70% will thus be reduced to 60%). After assessing whether any of the bidders meets the lowered threshold, the City reserves the further right to either: a) Consider all those bidders meeting the lowered threshold as having met the functionality threshold and then evaluate such bidders in terms of price and preference points; or b) Irrespective of whether any of the bidders meets the lowered thresholds, declare all bidders as having failed to meet the functionality requirements and then not award the tender to any of the bidders. A: The quality of the Tenderers and their bids will be evaluated taking into account the following broad considerations: (i) Statement of methodology In evaluating the statement of methodology, the following aspects will be taken into account, and the tenderer must ensure that the necessary information can be accessed easily from the Statement of Methodology: a) Are all functional areas appropriately covered in the Statement of Methodology in sufficient detail to satisfy the City that the tenderer will deliver a professional service in terms of the required outputs, but appropriately concise? b) Criteria for assessment of the overall statement of methodology: The overall cohesion and integration of the statement of methodology in addressing all the functional areas, and addressing the overall project objective. Tender Part T1: Tendering procedures Reference No. 205C/2011/12 5 T1.2 Tender Data (ii) Expertise of key personnel As the work required in terms of this tender is considered to be of a technically complex nature, requiring considerable expertise, it is essential that suitably qualified and experienced personnel be assigned to this project. It would be extremely advantageous if the key personnel can demonstrate recent experience related to specific aspects of this project, namely the overall planning process of the Operational and Business plan, operational design and the monitoring & evaluation of activities required to achieve a technically, environmentally, and financially viable Integrated Rapid Transit system. Aside from submitting a general CV for each of the key personnel (required in terms of clause F.2.1.1.4) tenderers must submit a statement for each of the key personnel which highlights any particular fields of specialisation and experience that is relevant to this particular project. These statements must be appended to Schedule 12, Part T2.2: Returnable Schedules, based on the relevant points will be awarded to the tenderer as set out in the tables below. Tenderers should note that, during the course of any contract arising from this tender, any of the personnel listed at tender stage may only be replaced with personnel of similar qualification and experience, subject to the approval of the employer. (iii) Tenderers Experience Tenderers must complete Schedule 13, Part T2.2, Returnable Schedules, which is a list all relevant projects that have been successfully completed with respect to each functional area listed from clauses 6 to 18 of Part C.3.1 (see page 102). (iv) Availability / Allocation of resources of tenderer Tenderers must indicate what resources (human and otherwise) that they have available and intend allocating to this project, and on what basis (that is, for what aspect of the work, and whether full or part time), if successful. This will include the support personnel; office infrastructure; relevant software licences; etc. An intended resource allocation schedule must be appended to Schedule 16, Part T2.2: Returnable schedules. Note: Where the entity tendering is a joint venture this score will be awarded to each party to the joint venture, which will then be combined in proportion to the percentage contribution of each party to the joint venture. (iv) ISO 9001 : 2008 Certification Tenderers who are certified as being compliant to the International Organization for Standardization’s ISO 9001: 2008 quality management standard. Proof of certification must be attached to Schedule 14, Part T2.2: Returnable Schedules in order to qualify for these points. Note: Where the entity tendering is a joint venture, the points available for ISO 9001:2008 Certification will be pro-rated according to the percentage contribution of each ISO 9001: 2008 certified partner. B: Evaluation tables (i) Submissions will be evaluated based on the information provided by tenderers that address the factors listed under the "Criteria" columns of Tables 1 and 2 below. For the avoidance of doubt, Table 2 must be reproduced, and completed in respect of each of the functional areas described in clauses 6 to 18 of Part C.3.1 (see page 102). (ii) Tenderers must provide adequate support information to enable the City to evaluate tenders according to the criteria in Tables 1 and 2 below. (iii) The Statement of Methodology as contemplated in Clause B(i) below and in the Scope of Work (Part C.3.1) must address the criteria in Tables 1 and 2, in addition to information provided by the tenderer in returnable schedules. TABLE 1: OVERALL EVALUATION OF STATEMENT OF METHODOLOGY FUNCTION 1. Overall Management and Management Structure1 CRITERIA MAXIMUM POINTS MINIMUM REQUIRED 50 35 SCORE ACHIEVED a) Organisation chart of management required to management the tenderer’s team b) Qualifications and experience of team leaders at a level of coordination between different functionally areas Tender Part T1: Tendering procedures Reference No. 205C/2011/12 6 T1.2 Tender Data 2. Quality of Statement of methodology 3. ISO certification c) Address all issues set out in clause B(i)(b) above. TOTAL 45 31 5 No minimum 100 66 Note: 1. Where tenderers are using a number of different companies or entities, a lead company or entity must be appointed that must co-ordinate and manage the remaining members of the Contractor. TABLE 2: OVERALL EVALUATION OF STATEMENT OF EXPERTISE & EXPERIENCE Table 2 will be used to evaluate each of the functional areas listed in clauses 6 to 18 of Part C.3.1 (see page 102). CRITERIA MAX POINTS MINIMUM REQUIRED 1. Proposed Statement of Methodology Methodology demonstrates that the function likely to be delivered to a superior level of service 30 21 2. Expertise and experience of key personnel a) Qualifications of relevant key personnel b) Registration with professional bodies, where appropriate c) CVs of the proposed management d) staff for this contract show relevant expertise and experience e) Extent to which references from at least three existing/past clients confirm company’s / key personnel experience and competence to perform function 50 35 20 14 100 70 FUNCTION 3. Availability/ allocation of support resources f) Adequate staff complement available or will be available to ensure that services regarding the functional area can effectively be delivered g) Other relevant support resources TOTAL SCORE ACHIEVED TABLE 3: SUMMARY OF SCORES FROM TABLES 1 AND 2 The functional areas listed below are those in clauses 6 to 18 of Part C.3.1 (see page 102). POINTS FROM TABLE WEIGHT WEIGHTED SCORE ACHIEVED B A times B COMPONENT 1 Overall Statement of Methodology 2 Expertise & experience Tender Part T1: Tendering procedures Reference No. 205C/2011/12 Max. achievable Min. 4 Required 100 70 7 A Score achieved 20% T1.2 Tender Data Functional area 1: Project management services 100 70 8% Functional area 2: Business structure 100 70 7% 100 70 7% 100 70 9% 100 70 5% 100 70 4% 100 70 9% 100 70 5% 100 70 7% 100 70 4% 100 70 6% 100 70 9% 1300 910 100% Functional area 3: Financing plan and advice Functional area 4: Tender and contract development Functional area 5: Business development – ancillary support Functional area 6: Industry transition – Strategy Functional area 7: Industry transition – Capacitation of existing industry Functional area 8: Surveys and data management Functional area 9: Operational support – Vehicle operations Functional area 10: Operational support – Facilities management Functional area 11: Operational support – Client services Functional area 12: Operational / Business Development Support – Business unit TENDERER’S WEIGHTED SCORE TOTAL A minimum of 70% of the maximum achievable weighted score must be attained F.2.7 Clarification meeting Add the following: A non-compulsory but strongly recommended clarification meeting will be held on Friday 9 th December 2011 at 10h00 at the Offices of the City of Cape Town, Room 1, 6 Floor, Podium block, Civic Centre, Hertzog Boulevard, Cape Town. F.2.10.3 Price variations Notwithstanding the terms of clause 3.16 of the Standard Professional Service Contract, all tendered amounts (other than percentages, eg percentage mark-up) shall be subject to price adjustment as set out in clause 3.16.2. The indices referred to in clause 3.16.2 the Standard Professional Service Contract as being the “indices specified in the Contract Data” shall be those contained in Table A of P0141 Consumer Price Index for the CPI for all services published by Statistics South Africa. F.2.13 Submitting a tender offer F.2.13.1 Add the following to F.2.13.1 Where the tendering entity is a joint venture it is recommended that the standard CIDB Joint Venture Agreement be used. Replace subclause F.2.13.2 with the following Tender Part T1: Tendering procedures Reference No. 205C/2011/12 8 T1.2 Tender Data F.2.13.2 F.2.13.3 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 in non-erasable ink. Add the following to F.2.13.3 Parts of each tender offer communicated on paper shall be submitted as an original, plus 1 (one) copy. F.2.13.4 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. F.2.13.5 Add the following to 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: Identification details: Tender Box 28 Tender Submission Office, 2nd Floor (Concourse Level), Civic Centre, 12 Hertzog Boulevard, Cape Town. Tender number : 205C/2011/12 Title of tender : Provision of Professional Services : MyCiTi INTEGRATED RAPID TRANSIT SYSTEM : Business Development, Industry Transition & Operations Name and address of tenderer: (to be inserted by tenderer) Sealed tenders with the identification details on the envelope must be placed in the appropriate official tender box at the abovementioned address. F.2.13.6 F.2.13.10 F.2.15 F.2.15.1 F.2.16 F.2.16.1 Add the following to F.2.13.6: A two-envelope procedure will not be followed and therefore F2.13.7 will not apply. Add the following sub-clause after F.2.13.9: By signing the offer part of C1.1 Form of Offer and Acceptance the tenderer declares that all information provided in the tender submission is true and correct. Closing time Add the following to F.2.15.1: The closing time for submission of tender offers is as stated in the Tender Notice and Invitation to Tender. Telephonic, telegraphic, telex, facsimile or e-mailed tender offers will not be accepted. Tender offer validity Add the following to F.2.16.1: The tender offer validity period is 180 days F.2.17 Clarification of tender offer after submission Add the following to F.2.17: A tender may 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. F.2.18 Provide other material Delete the following word in F.2.18.1: notarized F.2.18.1 F.2.18.1 Add the following to F.2.18.1: Provide, on written request by the Employer, where the tendered amount inclusive of VAT exceeds R 10 million: i) audited annual financial statement 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 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; Tender Part T1: Tendering procedures Reference No. 205C/2011/12 9 T1.2 Tender Data iii) iv) 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; 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 Add the following: Tax Clearance Certificate Tenderers 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 Certificate issued by SARS or proof that he or she has made arrangements with SARS to meet his or her outstanding tax obligations. It is the responsibility of the Service Provider (successful tenderer) to submit an updated original tax clearance certificate to the Supplier Management Office (in the Supply Chain Management th Department on the 8 Floor, Cape Town Civic Centre) should any current certificate expire during the contract period. Failure to do so may lead to the suspension of transactions with, and/or the withholding of payment to the Service Provider until a valid tax clearance certificate is received by that office. Each party to a Consortium/Joint Venture shall submit a separate valid Tax Clearance Certificate, or proof that he or she has made the necessary arrangements with SARS. F.3 F.3.2 The Employer’s undertakings Issue Addenda Add the following to F.3.2: Each person who draws tender documents must supply an e-mail address written legibly with each character clearly identifiable. The City may inform the tenderers by way of an e-mail to such e-mail address. Where the City transmits an e-mail to such address, incorrect addresses due to illegibility shall be the tenderers risk. Notwithstanding any requests for confirmation of receipt of Addenda issued, the tenderer shall be deemed to have received such addenda if the employer can show proof of transmission thereof (or a notice in respect thereof) via electronic mail, facsimile or registered post. F.3.4 F.3.4.1 Opening of tender submissions Add the following to F.3.4.1: The time and location for opening of the tender offers is as stated under “General Tender Information”. Time: Tenders will be opened immediately after the closing time for receipt of tenders at the venue as stated in the Tender Notice and Invitation to Tender (see “General Tender Information”), or as stated in any Addendum extending the closing date. F.3.8 Test for responsiveness Add the following: Tenders will be considered non-responsive if, inter alia: the tenderer does not comply with the eligibility criteria listed in F2.1 above; the tenderer is not registered on the City of Cape Town’s 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 employers written request; the tenderer tenders a percentage fee on a sliding scale; the Tenderer has failed to achieve the minimum score for quality as stated in F.2.1.1.7. F.3.11 Evaluation of tender offers F.3.11.1 General Add the following: The procedure for the evaluation of responsive tenders is Method 2: Financial offer and preference. Tender Part T1: Tendering procedures Reference No. 205C/2011/12 10 T1.2 Tender Data F.3.11.3 Method 2: Financial offer and preference The procedure for the evaluation of responsive tenders is Method 2, where the total number of tender evaluation points TEV = NFO + Np as detailed below. Where NFO NP = The number of tender evaluation points achieved for the Financial Offer. = The number of tender evaluation points achieved for HDI Equity Ownership. F.3.11.7 Scoring Financial Offers Add the following: The financial offer will be scored using Formula 2 (Option 1) where the value of W1 is 90 points F.3.11.8 Scoring Preferences Add the following new subclause: Up to 10 (100 – W 1) tender evaluation points (NOP) will be awarded for preference in respect of HDI (Historically Disadvantaged Individual) equity ownership. The score for preference (NP) will be calculated using the following formula for each responsive tender under consideration. NP = = NP NOP = EP = NOP x EP 100 where, number of preference points achieved, maximum tender evaluation points provided for in the Regulations pertaining to the Preferential Procurement Policy Framework Act (Act 5 of 2000) (100 – W 1 evaluation points), the percentage of equity ownership by HDIs within the business enterprise. Tenderers are reminded that they must be registered and verified on the Western Cape Supplier Database (WCSD) prior to the evaluation of tenders in order to qualify for preference points. It is the responsibility of the tenderers to ensure that this requirement is complied with. Tenderers must submit their Western Cape Supplier Database registration number on Schedule 4 B), Part T2.2: Returnable Schedules, and must apply for preference based on their HDI equity ownership percentage on Schedule 19, Part T2.2. The Employer will verify the HDI equity ownership percentage claimed by the tenderer against that given on the WCSD. If any discrepancy exists, the Employer shall use the percentage given on the WCSD, in the formula above, to calculate the number of preference points achieved by the tenderer. Note : Tenders should note that, as regards the price/preference points system applied to public sector procurement, the employer has adopted a direct preferencing approach in respect of the procurement of professional services. This means that the HDI equity ownership status of the tendering entity only, is considered in the awarding of points for HDI equity ownership. Evaluation points are neither gained nor lost in respect of sub-consultant agreements with HDI, or non–HDI owned professional services providers. Tenderers attention is also drawn to the fact that the Employer regards a consortium and a joint venture as being one and the same. In this regard, the Employer will only enter into a contract with a formally constituted Joint Venture Partnership, in which all parties are jointly and severally liable. Where the entity tendering is a joint venture, the HDI equity ownership percentage of each party to the joint venture shall be combined in proportion to the percentage contribution of each party to the joint venture, in order to determine the HDI status of the joint venture itself. The joint venture agreement must clearly stipulate the percentage contribution of each party to the Joint Venture. F.3.11.10 Add the following new sub-clause Risk Analysis 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 tenderers 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. Tender Part T1: Tendering procedures Reference No. 205C/2011/12 11 T1.2 Tender Data No tenderer will be recommended for an award unless the tenderer has demonstrated that he/she has the resources and skills required. F3.13 F.3.13.1 F.3.13.2 Acceptance of tender offer Add the following to F.3.13: Tender offers will only be accepted as responsive 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 arrangement with SARS to meet his or her outstanding tax obligations; b) the tenderer is registered on the City of Cape Town’s Vendor 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 not in arrears for more than three months; 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. Disputes, objections, complaints and queries In terms of Regulations 49 and 50 of the Local Government: Municipal Finance Management Act, 2003 – Municipal Supply Chain Management Regulations (Notice 868 of 2005): a) Persons aggrieved by decisions or actions taken by the City of Cape Town in the implementation of its supply chain management system, may lodge within 14 days of the decision or action, a written objection or complaint or query or dispute against the decision or action. b) Objections, complaints, queries and disputes must be submitted in writing to the City Manager, Executive Support, 5th Floor, Podium, Civic Centre, 12 Hertzog Boulevard, Cape Town or posted to Private Bag X9181, Cape Town, 8000 or faxed to (021) 418 9009. F3.13.3 Appeals a) b) c) F.3.13.4 In terms of Section 62 of the Systems Act 32 of 2000 a person whose rights are affected by a decision taken by the City in the implementation of its supply chain management system, may appeal against that decision by giving written notice of the appeal and reasons to the City Manager within 21 days of the date of the notification of the decision. An appeal must contain the following: i) Reasons and/or grounds for the appeal ii) The way in which the appellants rights have been affected iii) Remedy sought by appellant Appeals must be submitted in writing to the City Manager, Executive Support, 5th Floor, Podium, Civic Centre, 12 Hertzog Boulevard, Cape Town or posted by registered post to Private Bag X9181, Cape Town, 8000 or faxed to (021) 418 9009. Right to approach the courts & rights in terms of Promotion of Administrative Justice Act (Act 3 of 2000) and Promotion of Access to Information (Act 2 of 2000) Clauses F.3.13.2 and F.3.13.3 do not influence any affected person’s rights to approach the High Court at any time or its rights in terms of the Promotion of Administrative Justice Act and Promotion of Access to Information Act. a) All legal process and pleadings must be served on the Administrative Manager, Legal Services, 20th Floor, Tower Block, Civic Centre, 12 Hertzog Boulevard, Cape Town. b) All requests in terms of PAJA and PAIA must be submitted in writing to the Access to Information Office, 20th Floor, Tower Block, Civic Centre, 12 Hertzog Boulevard, Cape Town. F.3.16 F.3.16.1 Notice to unsuccessful tenderers Replace the heading above with: Notice to successful and unsuccessful tenderers Add the following to F.3.16.1: Before accepting the tender of the successful tenderer the Employer shall notify the successful tenderer in writing of the decision of the Employer’s Bid Adjudication Committee to award the tender to the successful tenderer. No rights shall accrue to the successful tenderer in terms of this notice, and only once the processes described in F.3.13.2 and F.3.13.3 above have been completed can the Employer sign the Acceptance part of the Form of Offer and Acceptance. Tender Part T1: Tendering procedures Reference No. 205C/2011/12 12 T1.2 Tender Data F.3.16.2 F.3.18 F.4 Replace sub-clause F.3.16.2 with the following: The Employer shall, at the same time as notifying the successful tenderer of the Bid Adjudication Committee’s decision to award the tender to the successful tenderer, also give written notice to the other tenderers informing them that they have been unsuccessful. Provide copies of the contract Add the following: The number of paper copies of the signed contract to be provided by the Employer is one. Additional Conditions of Tender The additional conditions of tender are: F.4.1 Invalid tenders 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. if the tender is not completed in non-erasable ink; c. if the Form of Offer and Acceptance has not been signed; d. if the Form of Offer and Acceptance is signed, but the name of the tenderer is not stated or is indecipherable; e. if the tender is not sealed; f. if the tender is not submitted on the official Tender Offer. F.4.2 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) does not allow any preferred tenderer a second or unfair opportunity; b) is not to the detriment of any other tenderer; and c) does not lead to a higher price than the tender as submitted. Minutes of any such negotiations shall be kept for record purposes. F.4.3 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) b) has furnished the City with that provider’s: • full name; • identification number or company or other registration number; and • tax reference number and VAT registration number, if any; has indicated whether: • the provider is in the service of the state, or has been in the service of the state in the previous twelve months; • 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, 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.4.4 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: Tender Part T1: Tendering procedures Reference No. 205C/2011/12 13 T1.2 Tender Data a) b) c) d) e) f) 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: 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; abused the supply chain management system of the City or has committed any improper conduct in relation to this system; been convicted of fraud or corruption during the past five years; wilfully neglected, reneged on or failed to comply with any government, municipal or other public sector contract during the past five years; or 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 Schedules 5A and 5B, Part T2.2: Returnable Schedules: Declaration in terms of the Municipal Finance Management Act and Certificate of Independent Tender Determination. Failure to complete these schedules may result in the tender not being considered. F.4.5 Services provided to organs of state In terms the Municipal Supply Chain Management Regulations (Notice 868 of 2005), and the City’s Supply Chain Management Policy, tenderers must furnish the City with particulars of all services provided to an organ of state in the last five years, and of any similar services provided to an organ of state in the last five years. The information required is not limited to the local office only, but should include services provided by all offices country wide. In this regard, tenderers shall complete Schedule 6, Part T2.2: Returnable Schedules: Services Provided to Organs of State. Failure to complete this schedule may result in the tender not being considered. F.4.6 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. Tenderers are to note that the service provider is required to ensure that all sub-consultants/sub-contractors or others engaged in the performance of this contract also comply with the above requirements. The service provider will be required to complete and submit to the Employer the Occupational Health and Safety Agreement (included in C1.3 of the Contract Document), within 14 days of acceptance of this tender. F.4.7 UIF payments 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.4.8 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 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) 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. 2) visited the site of any proposed works. 3) requested the Employer or his duly authorised agent to make clear the actual requirements of anything contained in the Scope of Work and Pricing Data, the exact meaning or interpretation of which is not clearly intelligible to the Tenderer. 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. Tender Part T1: Tendering procedures Reference No. 205C/2011/12 14 T1.2 Tender Data F.4.9 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 Contract Price. Should the Tenderer fail to amend his Tender in a manner acceptable to the Employer, the Employer may reject the Tender. F.4.10 Requests for contract 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 may be made available to the tenderer, upon written request in terms of this clause, subject to the following: (a) (b) (c) (d) (e) (f) 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. The electronic version shall not be regarded as a substitute for the issued tender documents. 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. 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. 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. In requesting 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. Tender Part T1: Tendering procedures Reference No. 205C/2011/12 15 T1.2 Tender Data Annex F: (normative) Standard Conditions of Tender 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 employs that employee. b) comparative offer 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 made between offers on a comparative basis c) corrupt practice means the 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 means a company, firm, enterprise, association or other legal entity, whether incorporated or not, or a public body f) quality (functionality) means the totality of features and characteristics of a product or service that bear on its ability to satisfy stated or implied needs. Tender T1.2 16 Part T1: Tendering procedures Tender Data Reference No. 205C/2011/12 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 procedures 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 Competitive negotiation procedure 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. Tender Part T1: Tendering procedures Reference No. 205C/2011/12 17 T1.2 Tender Data 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. Tender Part T1: Tendering procedures Reference No. 205C/2011/12 18 T1.2 Tender Data 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. Tender Part T1: Tendering procedures Reference No. 205C/2011/12 19 T1.2 Tender Data 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. Tender Part T1: Tendering procedures Reference No. 205C/2011/12 20 T1.2 Tender Data 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) b) c) F.3.2 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; the new partners to a joint venture were not prequalified in the first instance, either as individual firms or as another joint venture; or in the opinion of the Employer, acceptance of the material change would compromise the outcome of the prequalification process. 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) b) c) Complies with the requirements of these Conditions of Tender, has been properly and fully completed and signed, and is responsive to the other requirements of the tender documents. Tender Part T1: Tendering procedures Reference No. 205C/2011/12 21 T1.2 Tender Data 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) b) F.3.10 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 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. 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) c) 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 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: Tender Part T1: Tendering procedures Reference No. 205C/2011/12 22 T1.2 Tender Data 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 (TEV) in accordance with the following formula: TEV= NFO + NP where: c) d) e) NFO is the number of tender evaluation points awarded for the financial offer made in accordance with F.3.11.7; NP 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 (TEV) in accordance with the following formula: TEV= NFO + NQ where: c) d) e) NFO is the number of tender evaluation points awarded for the financial offer made in accordance with F.3.11.7; NQ is the number of tender evaluation points awarded for quality offered in accordance with F.3.11.9. Rank tender offers from the highest number of tender evaluation points to the lowest. 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) b) 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 score the minimum number of points for quality stated in the tender data, if any. Calculate the total number of tender evaluation points (TEv) in accordance with the following formula, unless otherwise stated in the Tender Data: TEV= NFO + NP + NQ where: c) d) e) NFO is the number of tender evaluation points awarded for the financial offer made in accordance with F.3.11.7; Np is the number of tender evaluation points awarded for preferences claimed in accordance with F.3.11.8; NQ is the number of tender evaluation points awarded for quality offered in accordance with F.3.11.9. 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. Tender Part T1: Tendering procedures Reference No. 205C/2011/12 23 T1.2 Tender Data 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: NFO = W1 x A NFO is the number of tender evaluation points awarded for the financial offer. W1 is the maximum possible number of tender evaluation points awarded for the financial 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. where: Table F.1: Formulae for calculating the value of A a a Formula Comparison aimed at achieving Option 1 Option 2 1 Highest price or discount A = (1 + (P - Pm)) Pm A = P/Pm 2 Lowest price commission/ fee A = (1 - (P - Pm)) Pm A = Pm/P a Pm P or percentage is the comparative offer of the most favourable comparative offer. 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: NQ = W2 x SO /MS where: F.3.12 SO is the score for quality allocated to the submission under consideration; Ms is the maximum possible score for quality in respect of a submission; and W2 is the maximum possible number of tender evaluation points awarded for the quality as stated in the tender data. 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) b) is not under restrictions, or has principals who are under restrictions, preventing participating in the employer's procurement, 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, Tender Part T1: Tendering procedures Reference No. 205C/2011/12 24 T1.2 Tender Data c) d) e) f) 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. 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) b) c) addenda issued during the tender period, inclusion of some of the returnable documents, and 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. Tender Part T1: Tendering procedures Reference No. 205C/2011/12 25 T1.2 Tender Data Part T2: Returnable Documents T2.1 Page List of Returnable Documents .............................................................. 27 T2.2 Returnable Schedules ........................................................................... 29 Tender Part T2: Returnable documents Reference No. 205C/2011/12 26 T2 Returnable Documents CITY OF CAPE TOWN IRT OPERATIONS TENDER No 205C/2011/12 PROVISION OF PROFESSIONAL SERVICES MyCiTi INTEGRATED RAPID TRANSIT SYSTEM : Business Development, Industry Transition & Operations T2.1 List of Returnable Documents The tenderer must complete the following Returnable Documents in black ink: 1. Returnable Schedules required for tender evaluation purposes 1: 2: 3: 4: 5A: 5B: 6: 7: 8: 9: 10: 11: 12: 13: 14: 15: 2. • • • • • • • • 3. Pages COMPULSORY ENTERPRISE QUESTIONNAIRE................................................................................ 29 CERTIFICATE OF AUTHORITY FOR JOINT VENTURES .................................................................... 31 A) TAX CLEARANCE CERTIFICATE AND B) INFORMATION REQUIRED FOR CONTRACTS OVER R10 MILLION ......................................................................................................................................... 32 A) CONFIRMATION OF CoCT VENDOR DATABASE REGISTRATION AND B) CONFIRMATION OF WCSD REGISTRATION......................................................................................................................... 33 DECLARATION IN TERMS OF THE MUNICIPAL FINANCE MANAGEMENT ACT .............................. 34 CERTIFICATE OF INDEPENDENT TENDER DETERMINATION ......................................................... 35 SERVICES PROVIDED TO ORGANS OF STATE ................................................................................. 37 CERTIFICATE FOR MUNICIPAL SERVICES AND PAYMENTS TO SERVICE PROVIDER................. 38 KEY PERSONNEL ................................................................................................................................. 39 SUPPORT RESOURCES....................................................................................................................... 51 PROFESSIONAL INDEMNITY INSURANCE ......................................................................................... 52 PROPOSED STATEMENT OF METHODOLOGY.................................................................................. 53 EXPERTISE AND EXPERIENCE OF KEY PERSONNEL...................................................................... 54 TENDERERS EXPERTISE AND EXPERIENCE .................................................................................... 55 ISO 9001: 2008 CERTIFICATION .......................................................................................................... 57 PROPOSED AMENDMENTS AND QUALIFICATIONS BY TENDERER ............................................... 58 Other documents required for tender evaluation purposes A copy of the Joint Venture Agreement (if applicable) - append to Schedule 2. An original valid Tax Clearance Certificate issued by the South African Revenue Services - append to Schedule 3. Curriculum Vitae of Key Personnel as applicable - append to Schedule 8. Documentary evidence/proof of Professional Indemnity Insurance - append to Schedule 10. A proposed Statement of Methodology - append to Schedule 11. A statement of expertise/experience of key personnel relevant to project - append to Schedule 12. Documentary evidence/proof of ISO 9001: 2008 certification - append to Schedule 14. A proposed resource allocation schedule - append to Schedule 16. Returnable Schedules that will be incorporated into the Contract 16: ALLOCATION OF RESOURCES .......................................................................................................... 59 17: AUTHORISATION FOR THE DEDUCTION OF OUTSTANDING AMOUNTS OWED TO COUNCIL ..... 60 18: RECORD OF ADDENDA TO TENDER DOCUMENTS ......................................................................... 61 4. Other documents that will be incorporated into the contract 19: PREFERENCING SCHEDULE…………………………………………………………………………….. 5. C1.1 The offer portion of the C1.1 Offer and Acceptance 6. C1.2 Contract Data (Part 2) 7. C2.2 Pricing Schedule Tender Part T2: Returnable documents Reference No. 205C/2011/12 27 62 T2.1 List of Returnable Documents CITY OF CAPE TOWN IRT OPERATIONS TENDER No 205C/2011/12 PROVISION OF PROFESSIONAL SERVICES MyCiTi INTEGRATED RAPID TRANSIT SYSTEM : Business Development, Industry Transition & Operations T2.2 Returnable Schedules Tender Part T2: Returnable documents Reference No. 205C/2011/12 28 T2.2 Returnable Schedules CITY OF CAPE TOWN IRT OPERATIONS TENDER No 205C/2011/12 PROVISION OF PROFESSIONAL SERVICES MyCiTi INTEGRATED RAPID TRANSIT SYSTEM : Business Development, Industry Transition & Operations 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: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Physical address of enterprise: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (LOCAL OFFICE) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........................................................ 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 Provinces a member of the board of directors of any municipal entity an official of any municipality or municipal entity Tender Part T2: Returnable documents Reference No. 205C/2011/12 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 29 T2.2 Returnable Schedules If any of the above boxes are marked, disclose the following: Name of sole proprietor, partner, director, manager, principal shareholder or stakeholder Name of institution, public office, board or organ of state and position held Status of service (tick appropriate column) current Within last 12 months *insert separate page if necessary Section 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 the National Council of Province a member of the board of directors of any municipal entity an official of any municipality or municipal entity Name of spouse, child or parent 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 Name of institution, public office, board or organ of state and position held Status of service (tick appropriate column) Current Within last 12 months *insert separate page if necessary The undersigned, who warrants that he/she is duly authorised to do so on behalf of the enterprise: i) 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; and 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: Tender Part T2: Returnable documents Reference No. 205C/2011/12 ............................................. 30 T2.2 Returnable Schedules CITY OF CAPE TOWN IRT OPERATIONS TENDER No 205C/2011/12 PROVISION OF PROFESSIONAL SERVICES MyCiTi INTEGRATED RAPID TRANSIT SYSTEM : Business Development, Industry Transition & Operations 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 AUTORISED SIGNATORY Lead partner Signature………………….. Name……………………… Designation……………….. Signature………………….. Name……………………… Designation……………….. Signature………………….. Name……………………… Designation……………….. Signature………………….. Name……………………… Designation……………….. Note : A copy of the Joint Venture Agreement (Refer to F2.13.1 in Part T1.2) showing clearly the percentage contribution of each partner to the Joint Venture shall be appended to this schedule. Tender Part T2: Returnable documents Reference No. 205C/2011/12 31 T2.2 Returnable Schedules CITY OF CAPE TOWN IRT OPERATIONS TENDER No 205C/2011/12 PROVISION OF PROFESSIONAL SERVICES MyCiTi INTEGRATED RAPID TRANSIT SYSTEM : Business Development, Industry Transition & Operations SCHEDULE 3: A) TAX CLEARANCE CERTIFICATE AND B) FINANCIAL STATEMENTS FOR CONTRACTS OVER R10 MILLION A. 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. SIGNED ON BEHALF OF TENDERER: B. ............................................. INFORMATION REQUIRED 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. SIGNED ON BEHALF OF TENDERER: Tender Part T2: Returnable documents Reference No. 205C/2011/12 ............................................. 32 T2.2 Returnable Schedules CITY OF CAPE TOWN IRT OPERATIONS TENDER No 205C/2011/12 PROVISION OF PROFESSIONAL SERVICES MyCiTi INTEGRATED RAPID TRANSIT SYSTEM: Business Development, Industry Transition & Operations SCHEDULE 4: A) CONFIRMATION OF CoCT VENDOR DATABASE REGISTRATION AND B) CONFIRMATION OF WCSD REGISTRATION A) CONFIRMATION OF CoCT VENDOR DATABASE REGISTRATION COMPANY NAME REGISTERED YES/NO REGISTRATION NUMBER IF APPLICABLE Tenderers who are not registered on the City of Cape Town’s Vendor Database are not precluded from submitting tenders, but must however 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. B) CONFIRMATION OF WCSD REGISTRATION COMPANY NAME REGISTERED YES/NO REGISTRATION NUMBER IF APPLICABLE Tenderers who are not registered and verified on the Western Cape Supplier Database are not precluded from submitting tenders, but must be registered and verified prior to the evaluation of tenders in order to qualify for preference points. 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. Note: The evaluation of tenders shall be deemed to take place when the Employer’s Bid Evaluation Committee meets to make a recommendation to the Bid Adjudication Committee. SIGNED ON BEHALF OF TENDERER: Tender Part T2: Returnable documents Reference No. 205C/2011/12 ............................................. 33 T2.2 Returnable Schedules CITY OF CAPE TOWN IRT OPERATIONS TENDER No 205C/2011/12 PROVISION OF PROFESSIONAL SERVICES MyCiTi INTEGRATED RAPID TRANSIT SYSTEM: Business Development, Industry Transition & Operations SCHEDULE 5A: DECLARATION IN TERMS OF THE MUNICIPAL FINANCE MANAGEMENT ACT (No. 56 of 2003) Item 1.1 Question 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). 1.2.1 If so, furnish particulars: 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? 1.3.1 If so, furnish particulars: 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? 1.4.1 If so, furnish particulars: 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? If so, furnish particulars: 1.5.1 Yes Yes No No Yes No Yes No Yes No Yes No CERTIFICATION I, THE UNDERSIGNED (FULL NAME) …………..……………………………................................................…… CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM TRUE AND CORRECT. I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT, ACTION MAY BE TAKEN AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE. ………………………………………... Signature ………………………….. Date ………………………………………. Position ………………………….. Name of Tenderer *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 Tender Part T2: Returnable documents Reference No. 205C/2011/12 34 T2.2 Returnable Schedules CITY OF CAPE TOWN IRT OPERATIONS TENDER No 205C/2011/12 PROVISION OF PROFESSIONAL SERVICES MyCiTi INTEGRATED RAPID TRANSIT SYSTEM : Business Development, Industry Transition & Operations SCHEDULE 5B: CERTIFICATE OF INDEPENDENT TENDER DETERMINATION I, the undersigned, in submitting this tender for Contract No. 205C/2011/12: MyCiTi INTEGRATED RAPID TRANSIT SYSTEM: Business Development, Industry Transition & Operations in response to the invitation for the tender made by the City of Cape Town, do hereby make the following statements that I certify to be true and complete in every respect: I certify, on behalf of: _________________________________________________________________________ that: (Name of Tenderer) 1. 2. I have read and I understand the contents of this Certificate; I understand that this tender will be disqualified if this Certificate is found not to be true and complete in every respect; 3. I am authorized by the tenderer to sign this Certificate, and to submit this tender on behalf of the tenderer; 4. Each person whose signature appears on this tender has been authorized by the tenderer to determine the terms of, and to sign, the tender, on behalf of the tenderer; 5. For the purposes of this Certificate and this tender, I understand that the word “competitor” shall include any individual or organization, other than the tenderer whether or not affiliated with the tenderer, who: (a) has been requested to submit a tender in response to this invitation to tender; (b) could potentially submit a tender in response to this invitation to tender, based on their qualifications, abilities or experience; and (c) provides the same goods and services as the tenderer and/or is in the same line of business as the tenderer; 6. The tenderer has arrived at this tender independently from, and without consultation, communication, agreement or arrangement with any competitor. However, communication between partners in a joint 1 venture or consortium will not be construed as collusive tendering; 7. In particular, without limiting the generality of paragraph 6 above, there has been no consultation, communication, agreement or arrangement with any competitor regarding: 8. (a) prices; (b) geographical area where product or service will be rendered (market allocation); (c) methods, factors or formulas used to calculate prices; (d) the intention or decision to submit or not to submit a tender; (e) the submission of a tender which does not meet the specifications and conditions of the tender; or (f) tendering with the intention not to win the tender; In addition, there have been no consultations, communications, agreements or arrangements with any competitor regarding the quality, quantity, specifications and conditions or delivery particulars of the products or services to which this invitation to tender relates; 1 Joint venture or Consortium means an association of persons for the purpose of combining their expertise, property, capital, efforts, skill and knowledge in an activity for the execution of a contract. Tender Part T2: Returnable documents Reference No. 205C/2011/12 35 T2.2 Returnable Schedules 9. The terms of this tender have not been, and will not be, disclosed by the tenderer, directly or indirectly, to any competitor, prior to the date and time of the official tender opening or of the awarding of the contract; 10. I am aware that , in addition and without prejudice to any other remedy provided to combat any restrictive practices related to tenders and contracts, tenders that are suspicious will be reported to the Competition Commission for investigation and possible imposition of administrative penalties in terms of section 59 of the Competition Act No. 89 of 1998 and or may be reported to the National Prosecuting Authority (NPA) for criminal investigation and or may be restricted from conducting business with the public sector for a period not exceeding ten (10) years in terms of the Prevention and Combating of Corrupt Activities Act No. 12 of 2004 or any other applicable legislation. ...................................................................................... Signature ......................................................... Date ...................................................................................... Name ......................................................... Position Tender Part T2: Returnable documents Reference No. 205C/2011/12 36 T2.2 Returnable Schedules CITY OF CAPE TOWN IRT OPERATIONS TENDER No 205C/2011/12 PROVISION OF PROFESSIONAL SERVICES MyCiTi INTEGRATED RAPID TRANSIT SYSTEM: Business Development, Industry Transition & Operations SCHEDULE 6: SERVICES PROVIDED TO ORGANS OF STATE The tenderer shall indicate on the schedule below particulars of all services provided to organs of state by all offices country wide in the last five years. Tenderers shall also indicate, by means of a cross (x) in the last column, which, if any, of the services listed are of a similar nature, to those being tendered for in terms of this tender. Where the entity tendering is a joint venture, the particulars of services provided to organs of state by each party to the joint venture, must be submitted as part of this schedule (additional pages may be added if necessary). SERVICES PROVIDED TO ORGANS OF STATE TITLE OF PROJECT VALUE OF CONTRACT EMPLOYER DATE SIMILAR COMPLETED SERVICE SIGNED ON BEHALF OF TENDERER: ………………………………………………………………………………… Tender Part T2: Returnable documents Reference No. 205C/2011/12 37 T2.2 Returnable Schedules CITY OF CAPE TOWN IRT OPERATIONS TENDER No 205C/2011/12 PROVISION OF PROFESSIONAL SERVICES MyCiTi INTEGRATED RAPID TRANSIT SYSTEM: Business Development, Industry Transition & Operations SCHEDULE NO. 7: CERTIFICATE FOR MUNICIPAL SERVICES AND PAYMENTS TO SERVICE PROVIDER To: THE CITY MANAGER, CITY OF CAPE TOWN CERTIFICAT E FOR MUNICIP AL S ERVICE S AND P AYME NTS TO SE RVICE PRO VIDER Information required in terms of the City’s Supply Chain Management Policy, Clauses 45.1 and 114.2 TENDER NO: 205C/2011/12: PROVISION OF PROFESSIONAL SERVICES MyCiTi INTEGRATED RAPID TRANSIT SYSTEM : Business Development, Industry Transition & Operations NAME OF THE TENDERER: ……………………………………………………………………………………….. FURTHER DETAILS OF THE TENDERER/S; Proprietor / Director/s / Partners, etc: Physical Business address of the Tenderer Municipal Account number(s) If there is not enough space for all the names, please attach the additional details to the Contract Document Name of Director / Member / Partner Identity Number Physical residential address of Director / Member / Partner Municipal Account number(s) 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 of the Tenderer/Contractor at ………………………………………………..... on the ………. day of ……………………….…….........… 20……. (PLACE) (DATE) (MONTH) (YEAR) Please Note: Even if the requested information is not applicable to the Tenderer, the table above should be endorsed Not Applicable and THIS DECLARATION MUST STILL BE SIGNED 38 Tender Part T2: Returnable documents T2.2 Reference No. 205C/2011/12 Returnable Schedules CITY OF CAPE TOWN IRT OPERATIONS TENDER No 205C/2011/12 PROVISION OF PROFESSIONAL SERVICES MyCiTi INTEGRATED RAPID TRANSIT SYSTEM: Business Development, Industry Transition & Operations SCHEDULE 8: KEY PERSONNEL The tenderer is referred to clause F.2.1.1.4 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 a specialist consultant/firm, in order for the tenderer to be eligible to submit a tender for this project. The Curriculum Vitae of each individual must be appended to this schedule, and must substantiate the claimed qualifications, expertise and experience. Where registered with a relevant Council or Body, the relevant registration details must be provided. Position as specified Team leader First name, surname Current position Qualifications and details of registration with prof. body …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………… …………………… …………………… …………………… …………………… …………………… …………………… …………………… …………………… …………………… …………………… …………………… Tender Part T2: Returnable documents Reference No. 205C/2011/12 Relevant expertise No. of years of relevant experience with notes on what they relate to …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… 39 T2.2 Returnable Schedules First name, surname Current position Qualifications and details of registration with prof. body Senior Business Strategist …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………… …………………… …………………… …………………… …………………… …………………… BRT Business Strategist …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………… …………………… …………………… …………………… …………………… …………………… Position as specified Tender Part T2: Returnable documents Reference No. 205C/2011/12 Relevant expertise No. of years of relevant experience with notes on what they relate to …………………… …………………… …………………… …………………… …………………… …………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… 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surname Current position Qualifications and details of registration with prof. body BRT Institutional Specialist …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………… …………………… …………………… …………………… …………………… …………………… BRT Contract Specialist …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………… …………………… …………………… …………………… …………………… …………………… Position as specified Tender Part T2: Returnable documents Reference No. 205C/2011/12 Relevant expertise No. of years of relevant experience with notes on what they relate to …………………… …………………… …………………… …………………… …………………… …………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………… …………………… …………………… …………………… …………………… …………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… 41 T2.2 Returnable Schedules First name, surname Current position Qualifications and details of registration with prof. body Legal specialist …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………… …………………… …………………… …………………… …………………… …………………… BRT Planning Specialist …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………… …………………… …………………… …………………… …………………… …………………… Position as specified Tender Part T2: Returnable documents Reference No. 205C/2011/12 Relevant expertise No. of years of relevant experience with notes on what they relate to …………………… …………………… …………………… …………………… …………………… …………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………… …………………………………… …………………………………… …………………………………… 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…………………………………… …………………………………… …………………………………… …………………… …………………… …………………… …………………… …………………… …………………… CDM Specialist …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………… …………………… …………………… …………………… …………………… …………………… Position as specified Tender Part T2: Returnable documents Reference No. 205C/2011/12 Relevant expertise No. of years of relevant experience with notes on what they relate to …………………… …………………… …………………… …………………… …………………… …………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… 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…………………… …………………… AFC Specialist …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………… …………………… …………………… …………………… …………………… …………………… Position as specified Tender Part T2: Returnable documents Reference No. 205C/2011/12 Relevant expertise No. of years of relevant experience with notes on what they relate to …………………… …………………… …………………… …………………… …………………… …………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………… 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…………………………………… …………………………………… …………………………………… …………………………………… …………………… …………………… …………………… …………………… …………………… …………………… Position as specified Tender Part T2: Returnable documents Reference No. 205C/2011/12 Relevant expertise No. of years of relevant experience with notes on what they relate to …………………… …………………… …………………… …………………… …………………… …………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………… …………………… …………………… …………………… …………………… …………………… 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…………………………………… …………………… …………………… …………………… …………………… …………………… …………………… Position as specified Tender Part T2: Returnable documents Reference No. 205C/2011/12 Relevant expertise No. of years of relevant experience with notes on what they relate to …………………… …………………… …………………… …………………… …………………… …………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………… …………………… …………………… …………………… …………………… …………………… …………………………………………………………… …………………………………………………………… 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205C/2011/12 Relevant expertise 47 T2.2 Returnable Schedules First name, surname Current position Qualifications and details of registration with prof. body Data Management Specialist …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………… …………………… …………………… …………………… …………………… …………………… Security Specialist …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………… …………………… …………………… …………………… …………………… …………………… Position as specified Tender Part T2: Returnable documents Reference No. 205C/2011/12 Relevant expertise No. of years of relevant experience with notes on what they relate to …………………… …………………… …………………… …………………… …………………… …………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… 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surname Current position Qualifications and details of registration with prof. body Contract Administration Specialist …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………… …………………… …………………… …………………… …………………… …………………… Quality Management Specialist …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………… …………………… …………………… …………………… …………………… …………………… Position as specified Tender Part T2: Returnable documents Reference No. 205C/2011/12 Relevant expertise No. of years of relevant experience with notes on what they relate to …………………… …………………… …………………… …………………… …………………… …………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………… …………………… …………………… …………………… …………………… …………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… 49 T2.2 Returnable Schedules First name, surname Current position Qualifications and details of registration with prof. body Bus Procurement and Maintenance Specialist …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………… …………………… …………………… …………………… …………………… …………………… Ticket Inspection / Access Control Specialist …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………… …………………… …………………… …………………… …………………… …………………… Position as specified Relevant expertise No. of years of relevant experience with notes on what they relate to …………………… …………………… …………………… …………………… …………………… …………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………… …………………… …………………… …………………… …………………… …………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… SIGNED ON BEHALF OF TENDERER: ………………………………………………………………………………… Tender Part T2: Returnable documents Reference No. 205C/2011/12 50 T2.2 Returnable Schedules CITY OF CAPE TOWN IRT OPERATIONS TENDER No 205C/2011/12 PROVISION OF PROFESSIONAL SERVICES MyCiTi INTEGRATED RAPID TRANSIT SYSTEM: Business Development, Industry Transition & Operations SCHEDULE 9: SUPPORT RESOURCES The tenderer is referred to clause F.2.1.1.5 of the Tender Data and shall state below what software packages are available for use on this project and whether or not they are currently owned/licensed by the tenderer, or are available through other means. SOFTWARE PACKAGE/S AVAILABLE FOR USE NAME OF PACKAGE DESCRIPTION Currently owned/ licenced or other SIGNED ON BEHALF OF TENDERER: ………………………………………………………………………………… Tender Part T2: Returnable documents Reference No. 205C/2011/12 51 T2.2 Returnable Schedules CITY OF CAPE TOWN IRT OPERATIONS TENDER No 205C/2011/12 PROVISION OF PROFESSIONAL SERVICES MyCiTi INTEGRATED RAPID TRANSIT SYSTEM: Business Development, Industry Transition & Operations SCHEDULE 10: PROFESSIONAL INDEMNITY INSURANCE The tenderer is referred to clause F.2.1.1.6 of the Tender Data and shall state below details of the professional indemnity insurance held by the tenderer. Where the tenderer is a joint venture, each party to the joint venture must submit details of their professional indemnity insurance. Proof of insurance or confirmation from a reputable Insurance Broker that the tenderer is eligible for the prescribed professional indemnity insurance cover should he/she be awarded the contract, must be appended to this schedule. PROFESSIONAL INDEMNITY INSURANCE NAME OF INSURED NAME OF INSURER LIMIT OF INDEMNITY IRO EACH CLAIM SIGNED ON BEHALF OF TENDERER: ………………………………………………………………………………… Tender Part T2: Returnable documents Reference No. 205C/2011/12 52 T2.2 Returnable Schedules CITY OF CAPE TOWN IRT OPERATIONS TENDER No 205C/2011/12 PROVISION OF PROFESSIONAL SERVICES MyCiTi INTEGRATED RAPID TRANSIT SYSTEM: Business Development, Industry Transition & Operations SCHEDULE 11: PROPOSED STATEMENT OF METHODOLOGY The tenderer shall append their proposed Statement of Methodology to this Schedule. The Statement of Methodology must indicate the approach and methodology that the tenderer intends following in order to reach the required outcomes, as set out in Part T1.2. The Statement of Methodology 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. Tenderers should however endeavor to keep their submissions concise but sufficiently detailed to enable proper assessment by the Employer. SIGNED ON BEHALF OF TENDERER: ………………………………………………………………………………… Tender Part T2: Returnable documents Reference No. 205C/2011/12 53 T2.2 Returnable Schedules CITY OF CAPE TOWN IRT OPERATIONS TENDER No 205C/2011/12 PROVISION OF PROFESSIONAL SERVICES MyCiTi INTEGRATED RAPID TRANSIT SYSTEM: Business Development, Industry Transition & Operations SCHEDULE 12: EXPERTISE AND EXPERIENCE OF KEY PERSONNEL Notwithstanding having appended the Curriculum Vitae of the key personnel to Schedule 8 above, the tenderer shall append to this schedule, a statement for each of the individuals identified, which indicates any fields of specialisation and any recent experience that is relevant to this particular project (which may or may not have formed part of the individual’s CVs). Tenderers should indicate what particular aspect of the project the specialisation or experience is relevant to. SIGNED ON BEHALF OF TENDERER: ………………………………………………………………………………… Tender Part T2: Returnable documents Reference No. 205C/2011/12 54 T2.2 Returnable Schedules CITY OF CAPE TOWN IRT OPERATIONS TENDER No 205C/2011/12 PROVISION OF PROFESSIONAL SERVICES MyCiTi INTEGRATED RAPID TRANSIT SYSTEM: Business Development, Industry Transition & Operations SCHEDULE 13: TENDERER’S EXPERTISE AND EXPERIENCE The Tenderer shall complete this form for each functional area as described in clauses 6 to 18 of Part C.3.1 (see page 102). Should the Tenderer be entering into a relationship with a more qualified management partner/s, the partner/s needs to complete the form for the relevant area of management expertise. This form needs to be completed for preferably three relevant projects within the last five years or which were underway at the time of the tender, regarding which references must be nominated. Where these are public transport projects higher scores for experience will be awarded. Where the Tenderer submits fewer than three references, the Tender must provide a justifiable explanation for doing so.. Each reference listed are to complete the Reference Questionnaire for inclusion in the tender document. Project / s Client: Contact Person: Tel. No e-mail Description of Service Contract value Start Date Termination Date Contract term Any major non-compliance / dispute issues? Provide details ………………………………………………………… …………………………… ………………………………………………………… …………………………… ………………………………………………………… …………………………… ………………………………………………………… …………………………… ………………………………………………………… …………………………… ………………………………………………………… …………………………… ………………………………………………………… …………………………… Reason for termination ………………………………………………………… …………………………… ………………………………………………………… …………………………… ………………………………………………………… …………………………… ………………………………………………………… …………………………… ………………………………………………………… …………………………… Comments: ………………………………………………………… …………………………… ………………………………………………………… …………………………… ………………………………………………………… …………………………… ………………………………………………………… …………………………… ………………………………………………………… …………………………… ………………………………………………………… …………………………… ………………………………………………………… …………………………… ………………………………………………………… …………………………… ………………………………………………………… …………………………… ………………………………………………………… …………………………… ………………………………………………………… …………………………… Tender Part T2: Returnable documents Reference No. 205C/2011/12 55 T2.2 Returnable Schedules Reference Questionnaire – Tenderer’s Expertise and Experience Please provide the following information and ratings relevant to the services provided by the contractor. Name of Main Tenderer who is submitting this tender: Name of Contractor being rated: Contractor Contact Person: Tel No: Duration of Contract Value of Contract: Please provide a score out of 10 for each of the following questions (1 being poor and 10 being excellent) Question: Rating: Overall satisfaction with contractor's performance? Contractor's quality of workmanship? Contractor's charge out rates? Contractor's turnaround time to requests/problems? Contractor's staff conduct and adherence to service protocols? Any major non-compliance / dispute issues? Provide details ………………………………………………………… ………………………… ………………………………………………………… ………………………… ………………………………………………………… ………………………… ………………………………………………………… ………………………… ………………………………………………………… ………………………… ………………………………………………………… ………………………… ………………………………………………………… ………………………… Reason for termination ………………………………………………………… ………………………… ………………………………………………………… ………………………… ………………………………………………………… ………………………… ………………………………………………………… ………………………… Comments: ………………………………………………………… ………………………… ………………………………………………………… ………………………… ………………………………………………………… ………………………… ………………………………………………………… ………………………… ………………………………………………………… ………………………… Referring Company Name: Contact Person: Tel No.: Email Address: Declaration by Referring Company: We hereby declare that the information above is accurate as at the date of signature of this document. Date: Company Stamp: Signature: Name in Block Letters: The City reserves the right to contact references or other clients, and to score accordingly. SIGNED ON BEHALF OF TENDERER: ………………………………………………………………………………… 56 Tender Part T2: Returnable documents T2.2 Reference No. 205C/2011/12 Returnable Schedules CITY OF CAPE TOWN IRT OPERATIONS TENDER No 205C/2011/12 PROVISION OF PROFESSIONAL SERVICES MyCiTi INTEGRATED RAPID TRANSIT SYSTEM : Business Development, Industry Transition & Operations SCHEDULE 14: ISO 9001: 2008 CERTIFICATION If applicable, the tenderer shall append proof of their ISO 9001:2008 certification to this schedule. Score points for quality will be awarded to tenderers who are ISO 9001:2008 certified. Where the entity tendering is a joint venture, provided one of the parties is ISO 9001:2008 certified, and it has been indicated on the Statement of Methodology submitted that, that party will take responsibility for quality management, then the joint venture will be awarded the score points in this respect. SIGNED ON BEHALF OF TENDERER: ………………………………………………………………………………… Tender Part T2: Returnable documents Reference No. 205C/2011/12 57 T2.2 Returnable Schedules CITY OF CAPE TOWN IRT OPERATIONS TENDER No 205C/2011/12 PROVISION OF PROFESSIONAL SERVICES MyCiTi INTEGRATED RAPID TRANSIT SYSTEM: Business Development, Industry Transition & Operations SCHEDULE 15: PROPOSED AMENDMENTS AND QUALIFICATIONS BY TENDERER The Tenderer should record any proposed deviations or qualifications he may wish to make to the tender documents in this Returnable Schedule. Alternatively, a tenderer may state such proposed deviations and qualifications in a covering letter attached to this 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. If no deviations or modifications are desired, the schedule hereunder is to be marked NIL and signed by the Tenderer. PAGE CLAUSE OR ITEM PROPOSAL Number of sheets, appended by the tenderer to this Schedule ....................... (If nil, enter NIL). SIGNED ON BEHALF OF TENDERER: ……………………...................................................………………. Tender Part T2: Returnable documents Reference No. 205C/2011/12 58 T2.2 Returnable Schedules CITY OF CAPE TOWN IRT OPERATIONS TENDER No 205C/2011/12 PROVISION OF PROFESSIONAL SERVICES MyCiTi INTEGRATED RAPID TRANSIT SYSTEM : Business Development, Industry Transition & Operations SCHEDULE 16: ALLOCATION OF RESOURCES The tenderer shall append their proposed resource allocation to this schedule. This schedule should include all personnel that are intended to be used in the execution of the work (including the key personnel and others as may be necessary) with details of their name, qualification, title/job description, a brief description of their function in relation to this project, whether or not they are in the employment of the tenderer at present, and on what basis they will be involved in this project (part time oversight role, full time for duration of certain activities, as and when required, etc). This schedule should also include resources other than human (eg equipment, software, etc) that are relevant to/necessary for and are available, or will be bought/hired in, for use on this project. The employer may request more detailed information relating to the resources listed if deemed necessary. SIGNED ON BEHALF OF TENDERER: ………………………………………………………………………………… Tender Part T2: Returnable documents Reference No. 205C/2011/12 59 T2.2 Returnable Schedules CITY OF CAPE TOWN IRT OPERATIONS TENDER No 205C/2011/12 PROVISION OF PROFESSIONAL SERVICES MyCiTi INTEGRATED RAPID TRANSIT SYSTEM : Business Development, Industry Transition & Operations SCHEDULE 17: AUTHORISATION FOR THE DEDUCTION OF OUTSTANDING AMOUNTS OWED TO COUNCIL To: THE CITY MANAGER, CITY OF CAPE TOWN From: _________________________________________________________ (Name of Tenderer) 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 as 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) in the presence of the subscribing witnesses. Tender Part T2: Returnable documents Reference No. 205C/2011/12 60 T2.2 Returnable Schedules CITY OF CAPE TOWN IRT OPERATIONS TENDER No 205C/2011/12 PROVISION OF PROFESSIONAL SERVICES MyCiTi INTEGRATED RAPID TRANSIT SYSTEM : Business Development, Industry Transition & Operations SCHEDULE 18: 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 Title or Details 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Attach additional pages if more space is required. Signed Date Name Position Tenderer Tender Part T2: Returnable documents Reference No. 205C/2011/12 61 T2.2 Returnable Schedules CITY OF CAPE TOWN IRT OPERATIONS TENDER No 205C/2011/12 PROVISION OF PROFESSIONAL SERVICES MyCiTi INTEGRATED RAPID TRANSIT SYSTEM: Business Development, Industry Transition & Operations SCHEDULE 19: PREFERENCING SCHEDULE PF1 : Preferencing Schedule where preferences are granted in respect of HDI equity 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 Constitution”), or b) 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; 2 Conditions associated with the granting of preferences The tenderer who claims a preference, undertakes to: 1) 2) 3) 4) not subcontract more than 25% of the Net Amount of the Contract to a person who is not an HDI or does not qualify for such preference. maintain an HDI equity ownership of not less than that upon which the preference is based for the duration of the Contract; accept the sanctions set out in Section 3 below should conditions 1 or 2 be breached; complete the Tender Preference Claim in respect of Enterprise Status or Structure in the Tendering Entity contained in Section 4 below. 3 Sanctions relating to breaches of preferencing conditions The sanctions for breaching the preferencing conditions are: 1. termination of the Contract; or 2. a financial penalty payable to the Employer equal to 1,25 times the number of tender evaluation points awarded in respect of the preference claimed, multiplied by the contract price including Value Added Tax, divided by 100 4 Tender preference claim in respect of enterprise status or structure of the tendering entity Number of preference points = NOP x EP / 100 NOP = maximum tender evaluation points provided for in the Preferential Procurement Policy Framework Act (Act 5 of 2000) EP = the percentage of equity ownership by an HDI within the business enterprise. I/we apply on behalf of my/our firm for a preference based on an HDI equity ownership percentage of ….….% SEE NOTE OVERLEAF Tender Part T2: Returnable documents Reference No. 205C/2011/12 62 T2.2 Returnable Schedules NOTE: Tenderers are required to be registered and verified on the Western Cape Supplier Database (WCSD) prior to the evaluation of tenders in order to qualify for preference points. The Employer will verify the HDI equity ownership percentage claimed by the tenderer (in 4 above) against that given on the WCSD. If any discrepancy exists, the employer shall use the percentage given on the WCSD, in the formula above, to calculate the number of preference points achieved by the tenderer. Where the entity tendering is a joint venture, the HDI equity ownership percentage of each party shall be combined in proportion to the percentage contribution of each party to the joint venture in order to determine the HDI status of the joint venture itself. The undersigned, who warrants that he/she is duly authorised to do so on behalf of the firm or sole proprietor confirms that he/she understands the conditions under which such preferences are granted and confirms that the tenderer will satisfy the conditions pertaining to the granting of tender preferences. Signature : ...............................................................................................................................………. Name : .......................................................................................................................................……… Duly authorised to sign on behalf of : ............................................................................................……… Telephone : ...................................................................... Fax : ................................................................................ Date : ............................................................................... For official use. INITIALS OF CITY OFFICIALS AT TENDER OPENING 1. Tender Part T2: Returnable documents Reference No. 205C/2011/12 2. 3. 63 T2.2 Returnable Schedules Part C1: Agreements and Contract Data Pages C1.1 Form of Offer and Acceptance ................................................... 65 – 70 C1.2 Contract Data ............................................................................... 69 – 74 C1.3 Occupational Health and Safety Agreement ............................. 73 – 76 Contract Part C1: Agreements and contract data Reference No. 205C/2011/12 64 C1 Agreements and contract data For official use. CITY OF CAPE TOWN IRT OPERATIONS INITIALS OF CITY OFFICIALS AT TENDER OPENING TENDER No 205C/2011/12 1. 2. 3. PROVISION OF PROFESSIONAL SERVICES MyCiTi INTEGRATED RAPID TRANSIT SYSTEM : Business Development, Industry Transition & Operations 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 205C/2011/12: PROVISION OF PROFESSIONAL SERVICES : MyCiTi INTEGRATED RAPID TRANSIT SYSTEM : Business Development, Industry Transition & Operations 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 authorised, signing this part of this form of offer and acceptance, the tenderer offers to perform all of the obligations and liabilities of the service provider 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 service provider in the conditions of contract identified in the contract data. Signature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the tenderer (Name and . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . address of organization/tenderer) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .................................................................... Name and signature of witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date . . . . . . . . . . . . . . . . . . . . . . . . . . . ............................... Contract Part C1: Agreements and contract data Reference No. 205C/2011/12 65 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 service provider 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: Part C2: Part C3: Part C4: Agreements and contract data, (which includes this agreement) Pricing data Scope of work. Background information and drawings and documents or parts thereof, which may be incorporated by reference into the above listed Parts. Deviations from and amendments to the documents listed in the tender data and any addenda thereto as listed in the returnable 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 form of offer and acceptance. 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 representative (whose details are given in clause F.1.1 of the contract data) to arrange the delivery of any securities, 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the Employer CITY OF CAPE TOWN Tower Block, Civic Centre, 12 Hertzog Boulevard Cape Town Name and . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . signature of witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date . . . . . . . . . . . . . . . . . . . .............................. Contract Part C1: Agreements and contract data Reference No. 205C/2011/12 66 C1.1 Form of offer and acceptance Schedule of Deviations 1 Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........................................................................... ........................................................................... ........................................................................... 2 Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........................................................................... ........................................................................... ........................................................................... 3 Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........................................................................... ........................................................................... ........................................................................... 4 Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........................................................................... ........................................................................... ........................................................................... 5 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. Contract Part C1: Agreements and contract data Reference No. 205C/2011/12 67 C1.1 Form of offer and acceptance For the Tenderer: Signature(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Name and . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . address of organization/tenderer) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .................................................................... Name and signature of witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date . . . . . . . . . . . . . . . . . . . . . . . . . . . For the Employer: Signature(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Name and address of organization) CITY OF CAPE TOWN Tower Block, Civic Centre, 12 Hertzog Boulevard Cape Town Name and signature of witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date . . . . . . . . . . . . . . . . . . . . . . . . . . . Contract Part C1: Agreements and contract data Reference No. 205C/2011/12 68 C1.1 Form of offer and acceptance CITY OF CAPE TOWN IRT OPERATIONS TENDER No 205C/2011/12 PROVISION OF PROFESSIONAL SERVICES MyCiTi INTEGRATED RAPID TRANSIT SYSTEM : Business Development, Industry Transition & Operations C1.2 Contract Data Part 1: Contract Data provided by the Employer GENERAL CONDITIONS OF CONTRACT The General Conditions of Contract are the Standard Professional Services Contract (July 2009) (Edition 3 of CIDB document 1015), as published by the Construction Industry Development Board – see Part C4.1. The pro-formas attached to the Standard Professional Services Contract (July 2009) on pages 17 to 24 shall not apply to this Contract and shall be replaced with the documentation bound into this Contract Document. The General Conditions of Contract make several references to the Contract Data for specific data, which together with the standard contract 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 of Contract shall be read in conjunction with the variations, amendments and additions set out in the Contract Specific Data below. Each item of data given below is cross-referenced to the clause in the General Conditions of Contract to which it mainly applies. CONTRACT SPECIFIC DATA The following contract specific data is applicable to this Contract: Clause 1: Add the following to the definition of Employer: The Employer is the CITY OF CAPE TOWN. Add the following to the definition of Project: The project is the PROVISION OF PROFESSIONAL SERVICES : MyCiTi INTEGRATED RAPID TRANSIT SYSTEM : Business Development, Industry Transition & Operations Add the following to the definition of Service Provider: The contracting party may be a consortium/joint venture contracting as a formally constituted Joint Venture Partnership, in which all parties are jointly and severally liable. In terms of this definition, the words consortium and joint venture shall be regarded as synonymous. Add the following to the definition of Start Date: The Start Date is the date when the tenderer receives one fully completed original copy of this document, including the acceptance part of the form of offer and acceptance, and schedule of deviations (if any), signed by the authorized official of the Employer. Clause 3.4 and Clause 4.3.2: Add Replace the clause with the following: Unless otherwise communicated in writing, the person authorised and designated to have authority in giving instructions and receiving communications on the Employer’s behalf and interpreting and defining the Employer’s policies and requirements in regard to the Services is the DIRECTOR: IRT OPERATIONS. The address for receipt of communications is: Name: Sharon Hill Tel: +27 021 400 9354 Contract Part C1: Agreement and Contract Data Reference No. 205C/2011/12 69 C1.2 Contract Data Fax: E-mail: Postal address: +27 021 400 5697 sharon.hill@capetown.gov.za IRT Operations PO Box 1694 Cape Town, 8000 Physical address: Tower Block Civic Centre 12 Hertzog Boulevard CAPE TOWN 8001 or as otherwise advised in writing by the Employer. Clause 3.5: Add the following: The location for the performance of the Project will be the Cape Town Municipal Area, the City of Cape Town and the Local Office of the service provider. Travel within South Africa and internationally may be required, and will be subject to prior approval by the Employer’s representative. Clause 3.9.3 Add the following: The time-based fees used to determine changes to the Contract Price are as started in the Pricing Data. Clause 3.15.1: Add the following: The programme shall be submitted within 14 days of receipt of the Acceptance of the tender Offer (the Start Date). Clause 3.16.2: Add the following: The indices are those contained in Table A of the P0141 Consumer Price Index for the CPI for all services published by Statistics South Africa. Clause 4.7 Add the following: For payment purposes (refer to Clause 8 of Part C2.1: Pricing Assumptions) “Close-Out” has been included under the Contract Administration and Inspection stage of the Service. The Service Provider will be required, at the time of issue of the Certificate of Completion (to the Contractor) to claim the total fee (100%) for normal services, less a 5% retention amount of the total fee. The retention will be released on successful completion of the contractor’s maintenance period. Clause 5.4.1: Add the following: The Service Provider is required to take out and maintain, for the full duration of the performance of this contract, the following insurance cover: 1. Professional Indemnity Insurance providing cover in an amount of not less than R25 000 000 in respect of each and every claim during the period of insurance. 2. Public Liability Insurance with a limit of indemnity of not less than R20 000 000 for any single claim, the number of claims to be unlimited during the contract period. 3. Insurance in terms of the provisions of the Compensation for Occupational Injuries and Diseases (COID) Act, Act No 130 of 1993. The Service Provider shall ensure that any subcontractors engaged in construction activities shall, in addition to the Public Liability and COID Insurances as described above, also take out and maintain contractors all risks insurance to the value of the work being undertaken. Clause 5.5: Add the following: The Service Provider is required to obtain the Employer’s prior approval in writing before taking any of the following actions: 1. Replacing any of the key personnel listed at the time of tender. 2. Expenditure under any of the provisional items in the Pricing Schedule. 3. Travel outside the metropolitan boundaries of the City. The Employer may at its election direct that it will manage a given resource provided through the Service Provider, in which case the Service Provider need not manage the output of that resource, and thus will not carry the risk regarding the quality and timing of the output of the resource. In such eventuality, the Service Provider must reduce the cost for the relevant resource by 10% as against the tendered rate for such resource. Contract Part C1: Agreement and Contract Data Reference No. 205C/2011/12 70 C1.2 Contract Data Clause 7: Amend as follows: Replace all reference to the “Personnel Schedule” in Clause 7 with the “Allocation of Resources Schedule” (Schedule 16). Clause 8.1: Add the following: The Service Provider is to commence the performance of the Services within 14 days after the date that the Contract becomes effective. Clause 8.4.3(c): Add the following: The period of suspension under Clause 8.5 is not to exceed 6 months. Clause 9.1: Add the following: Copyright of documents prepared for the project shall be vested with the Employer. Clause 11.1: Add the following: A Service Provider may not subcontract any work which he has the skill and competency to perform, unless he has the Employer’s prior approval in writing. Clause 12.1.2: Add the following: Interim settlement of disputes is to be by mediation. Clause 12.2.1: Add the following: In the event that the parties fail to agree on a mediator, the mediator is nominated by the President of the South African Institution of Civil Engineering. Clause 12.2.4: Add the following: Final settlement is by litigation. Clause 14.2 Replace the clause with the following: The Employer shall endeavour to pay any invoices within 30 days of receipt of a valid invoice. Service Provider’s tax clearance certificate expires during the contract period, the Employer shall be entitled to withhold payment without incurring any liability whatsoever, until a valid tax clearance certificate is submitted to the Employer. Add the following new Clause after Clause 14.4: Clause 14.5: Tax Invoices Section 20(1) of the Value Added Tax Act of 1991 (Act 89 of 1991) requires that a supplier (person supplying goods or services) who is registered as a VAT vendor issue to the recipient a tax invoice within 21 days of the date of a supply whether requested or not. The Service Provider shall provide a tax invoice (VAT invoice) which shall be included with each account delivered to the Employer in terms of Clause 14. Failure by the Service Provider to provide a tax invoice (VAT invoice) timeously may delay payment by the Employer and no interest shall accrue. Clause 15: Add the following: The interest rate will be the prime interest rate of the Employer’s Bank at the time the amount is due. Contract Part C1: Agreement and Contract Data Reference No. 205C/2011/12 71 C1.2 Contract Data Part 2: Data provided by the Service Provider The Service Provider is: ………………………………………………………………………………………………. Postal Address: ………………………………………………………………………………………………………. ………………………………………………………………………………………………………. Physical Address: ……………………………………………………………………………………………………... ……………………………………………………………………………………………………… Telephone: …………………………………………..… Facsimile: …………………………………………..… The authorised and designated representative of the Service Provider is: Name: ………………………………………………………………………………………………………. The address for receipt of communication is: Address: ………………………………………………………………………………………………………. ………………………………………………………………………………………………………. Telephone: …………………………………………..… Facsimile: …………………………………………..… SIGNED ON BEHALF OF TENDERER: Contract Part C1: Agreement and Contract Data Reference No. 205C/2011/12 ............................................. 72 C1.2 Contract Data CITY OF CAPE TOWN IRT OPERATIONS TENDER No 205C/2011/12 PROVISION OF PROFESSIONAL SERVICES MyCiTi INTEGRATED RAPID TRANSIT SYSTEM : Business Development, Industry Transition & Operations C1.3 Occupational Health and Safety Agreement AGREEMENT MADE AND ENTERED INTO BETWEEN THE CITY OF CAPE TOWN (HEREINAFTER CALLED THE “EMPLOYER”) AND ……………………....................………………………………….............…………………………. , (Service Provider/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…. _______________________ Witness ____________________ Mandatary Signed at ...................................... on the.....................................day of......................................20 .... _______________________ Witness Contract Part C1: Agreement and Contract Data Reference No. 205C/2011/12 ____________________ for and on behalf of City of Cape Town 73 C1.3 Health and Safety Agreement OCCUPATIONAL HEALTH AND SAFETY CONDITIONS 1. The Chief Executive Officer of the Contractor shall assume the responsibility in terms of Section 16(1) of the Occupational Health and Safety Act (as amended). Should the Contractor assign any duty in terms of Section 16(2), a copy of such assignment shall immediately be provided to the representative of the Employer as defined in the Contract. 2. All work performed on the Employer’s premises shall be performed under the supervision of the construction supervisor who understand the hazards associated with any work that the Contractor performs on the site in terms of Construction Regulations 2003. 3. The Contractor shall appoint a Competent Person who shall be trained on any occupational health and safety aspect pertaining to them or to the work that is to be performed. 4. The Contractor shall ensure that he familiarises himself with the requirements of the Occupational Health and Safety Act and that he, his employees, and any sub-contractors, comply with them. 5. Discipline in the interests of occupational health and safety shall be strictly enforced. 6. Personal protective equipment shall be issued by the Contractor as required and shall be worn at all times where necessary. 7. Written safe work procedures and appropriate precautionary measures shall be available and enforced, and all employees shall be made conversant with the contents of these practices. 8. No substandard equipment/machinery/articles or substances shall be used on the site. 9. All incidents referred to in terms of Section 24 of the Occupational Health and Safety Act shall be reported by the Contractor to the Department of Labour and the Employer. 10 The Employer hereby obtains an interest in the issue of any formal inquiry conducted in terms of Section 32 of the Occupational Health and Safety Act and into any incident involving a Contractor and/or his employees and/or his sub-contractor/s. 11. No use shall be made of any of the Employer’s machinery / plant / equipment / substance / personal protective equipment or any other article without prior arrangement and written approval. 12. No alcohol or any other intoxicating substance shall be allowed on the site. Any person suspected of being under the influence of alcohol or any other intoxicating substance shall not be permitted access to, or allowed to remain on the site. 13. Prior to commencement of any work, verified copies of all documents mentioned in the agreement, must be presented to the Employer. Contract Part C1: Agreement and Contract Data Reference No. 205C/2011/12 74 C1.3 Health and Safety Agreement Part C2: Pricing Data Pages C2.1 Pricing Assumptions................................................................... 76 – 78 C2.2 Pricing Schedule ......................................................................... 79 – 99 Contract Part C2: Pricing Data Reference No. 205C/2011/12 75 C2 Pricing Data CITY OF CAPE TOWN IRT OPERATIONS TENDER No 205C/2011/12 PROVISION OF PROFESSIONAL SERVICES MyCiTi INTEGRATED RAPID TRANSIT SYSTEM : Business Development, Industry Transition & Operations C2.1 Pricing Assumptions Pricing Assumptions mean the criteria as set out below, read together with all Parts of this contract document, which it will be assumed in the contract, that the tenderer has taken into account when developing his prices. 1. The short descriptions given in the Pricing Schedule below are brief descriptions used to identify the functions for which rates and prices are required. Detailed descriptions of the functions to be priced are provided in the Scope of Work. 2. The rates, sums, percentage fees and prices in the Pricing Schedule are to be fully inclusive and covers all work described under the several items. Such prices and rates are to cover all costs and expenses that may be required in and for the execution of the work described in accordance with the provisions of the Scope of Work, and shall cover the cost of all general risks, liabilities, and obligations set forth or implied in the Contract Data, as well as overhead charges and profit. 3. For the purpose of the Pricing Schedule, the following words shall have the meanings hereby assigned to them: Unit: Quantity: Rate: Amount: Sum: The unit of measurement for each item of work. The number of units of work for each item. The agreed payment per unit of measurement. The product of the quantity and the agreed rate for an item. An agreed lump sum payment amount for an item, the extent of which is described in the Scope of Work, but the quantity of work which is not measured in any units. Percentage Fee: The agreed fee for a service, the extent of which is described in the Scope of Works, expressed as a percentage of a construction contract value or part thereof. 4. A rate, sum, percentage fee and/or price as applicable, is to be entered against each item in the Pricing Schedule. An item against which no price is entered will be considered to be covered by the other prices or rates in the Pricing Schedule. 6. Where quantities are given in the Pricing Schedule, these are provisional and do not necessarily represent the actual amount of work to be done. The quantities of work accepted and certified for payment will be used for determining payments due and not the quantities given in the Pricing Schedule. In respect of time based services, the allocation of staff must be agreed with the employer before such services are rendered. 7. Tenderers will note that the prices for some items are developed from a tendered fee expressed as a percentage of an estimated contract value, or part thereof, which for tendering purposes, are given. Tenderers are required to insert their tendered percentage fee in the space provided. Where prices have been developed from a tendered fee, the final amount due to the Service Provider will be adjusted according to final contract values based on the percentage fee tendered. Only one (flat rate) percentage fee per item may be tendered. A percentage fee tendered on a sliding scale will make the tender non-responsive. 8. Tendered time-based fees (where the unit of measurement is time-based) shall be adjusted in terms of clause 3.16 of the Standard Professional Services Contract. 9. The categories of persons (A, B, C, D, E) in respect of time-based rates shall be as defined as per the categories below: • Grade A: Shall mean a top practitioner whose expertise and relevant experience is nationally or internationally recognized and who provides advice at a level of specialization where such advice is recognized as that of an expert; and relevant degree or qualification, relevant registration and more than 15 years relevant experience (unless reduced years of experience can be substantiated by the level of expertise offered). • Grade B: Shall mean a senior practitioner with a high level of expertise, and who carry the direct responsibility for one or more specific functions related to a relevant project, who has a relevant degree or Contract Part C2: Pricing Data Reference No. 205C/2011/12 76 C2.2 Pricing Schedule qualification, relevant registration and more than 10 years relevant experience (unless reduced years of experience can be substantiated by the level of expertise offered). • Grade C: Shall mean professional staff with adequate expertise and relevant experience and who carry the direct technical responsibility for one or more specific functions related to a relevant project; and relevant degree or qualification, relevant registration and more than 5 years relevant experience (unless reduced years of experience can be substantiated by the level of expertise offered). • Grade D: Shall mean technical staff working under the direction and control provided by any person contemplated in categories A, B or C, who has a relevant diploma or degree, and more than three years relevant experience. • Grade E: Matric or suitable expertise and experience. 10. Provisional sums a. Where provisional sums are provided in respect of additional services, these amounts may be omitted in part or in full should the additional work not be required. b. Where additional services are to be sub-contracted out by the Service Provider, which do not exceed R200 000,00 (including VAT) in value, the Service Provider will typically be required to invite three quotations from suitably qualified sub-consultants/contractors. c. Where the sub-contracted services are likely to exceed R200 000,00 (including VAT) in value, the Service Provider shall follow an open tender process in respect of this work. d. Where provided for in the Pricing Schedule, a mark up (extra over) in respect of all other costs, overhead charges and profit will be applicable in respect of all sub-contracted services. e. The Employer may approve the appointment of a sole provider, where there is justification in terms of the City’s procurement procedure to do so. f. Regarding the appointment of facilitators, professional advisors and industry liaison specialists who will perform professional services regarding functional areas regarding industry transition, procurement shall be done by direct appointment, after consultation with the relevant industry parties and with the written approval of the Employer. The Service Provider may charge a mark-up regarding costs in this regard of this of 5%, on the basis that the Service Provider is not responsible for the professional output and timeline of such professionals. 11. Time-based fees are all-inclusive, and include allowances for overhead charges incurred by the Service Provider as part of normal business operations, including the cost of management, as well as payments to administrative, clerical and secretarial staff used to support professional and technical staff in general and not on a specific project only, and for travel within the metropolitan area of Cape Town. a. b. Time-based fees are calculated by multiplying the relevant hourly rate in the Pricing Schedule, with the actual time spent per relevant staff member in rendering the services required by the client. The maximum chargeable fees per day are for eight hours, irrespective of longer hours worked on the day. Staff in mentorship and training are deemed to be included in the rate of professional staff, unless otherwise agreed by the client. 12. Tenderers are to note that only those recoverable expenses listed in the Pricing Schedule will be reimbursed to the Service Provider. a. No reimbursement of costs for subsistence, typing, printing/copying (other than reports and/or tender documents), communications or computer hardware and/or software will be made and these costs will be deemed to be included in rates, sums, percentage fees and prices for normal and additional services rendered. b. Payment for printing / copying will only be made for bulk copies of reports and drawings submitted to the Employer or issued, as specified or requested by the Employer, and all drafts shall be for the Service Provider’s account. c. Travel by car outside of the metropolitan area of Cape Town shall be chargeable at the standard rate as set by Council. Any other travel (eg by air) is subject to prior approval by the Employer’s representative. 13. Tenderers are to note that the planning for this contract is based on an eight year budget which may be subject to change in terms of the contract. While the Employer has every intent to complete the full scope of works, the Employer reserves the right to reduce or increase the scope of works according to the dictates of the budget, or to terminate this contract, without adjustment to the agreed rates, sums or fees and without payment of any penalty or surcharge in this regard. The Service Provider shall however be entitled to pro-rata payment for all services Contract Part C2: Pricing Data Reference No. 205C/2011/12 77 C2.2 Pricing Schedule carried out in terms of any adjustment to the Scope of Works or, in the case of termination, remuneration and/or reimbursement as described in Clause 8.4.4 of the Standard Professional Services contract. Contract Part C2: Pricing Data Reference No. 205C/2011/12 78 C2.2 Pricing Schedule CITY OF CAPE TOWN IRT OPERATIONS TENDER No 205C/2011/12 PROVISION OF PROFESSIONAL SERVICES MyCiTi INTEGRATED RAPID TRANSIT SYSTEM : Business Development, Industry Transition & Operations C2.2 Pricing Schedule Contract Part C2: Pricing Data Reference No. 205C/2011/12 79 C2.2 Pricing Schedule CITY OF CAPE TOWN IRT OPERATIONS PROVISION OF PROFESSIONAL SERVICES INTEGRATED RAPID TRANSIT SYSTEM : Business Development, Industry Transition & Operations C2.2 Activity Schedule Functional Area 1: Project management services Item No. Activity Description Unit Quantity Rate Amount R a) c Provide Services as described in the Scope of Work in respect of: Project management services Estimated level of effort: Category A staff Category B staff Category C staff Category D staff Category E staff 50 person-weeks hr hr hr hr hr 400 400 400 800 0 R R R R R Rate Only FUNCTIONAL AREA 1 TO SUMMARY Contract Part C2: Pricing Data Reference No. 205C/2011/12 C2.2 Pricing Schedule 80 Functional Area 2: Business structure Item No. Unit Activity Description Quantity Rate Amount R a) Provide Services as described in the Scope of Work in respect of: Institutional plan Estimated level of effort: Category A staff Category B staff Category C staff Category D staff Category E staff b) 24 person-weeks hr hr hr hr hr 288 336 336 0 0 R R R R R Rate Only Rate Only R R R R R Rate Only Rate Only R R R R R Rate Only Rate Only Provide Services as described in the Scope of Work in respect of: Refinement of operating cost model and fare policy Estimated level of effort: Category A staff Category B staff Category C staff Category D staff Category E staff c) c 26 person-weeks hr hr hr hr hr 624 208 208 0 0 Provide Services as described in the Scope of Work in respect of: Revenue flows Estimated level of effort: Category A staff Category B staff Category C staff Category D staff Category E staff 8 person-weeks hr hr hr hr hr 64 128 128 0 0 FUNCTIONAL AREA 2 TO SUMMARY Contract Part C2: Pricing Data Reference No. 205C/2011/12 C2.2 Pricing Schedule 81 Functional Area 3: Financing plan and advice Item No. Activity Description Unit Quantity Rate Amount R a) Provide Services as described in the Scope of Work in respect of: Financing options and advice Estimated level of effort: Category A staff Category B staff Category C staff Category D staff Category E staff b) 40 person-weeks hr hr hr hr hr 1120 320 160 0 0 R R R R R Rate Only Rate Only R R R R R Rate Only R R R R R Rate Only Rate Only Provide Services as described in the Scope of Work in respect of: Clean Development Mechanism / Carbon trading Estimated level of effort: Category A staff Category B staff Category C staff Category D staff Category E staff c) c 24 person-weeks hr hr hr hr hr 480 288 96 96 0 Provide Services as described in the Scope of Work in respect of: Fuel levy Estimated level of effort: Category A staff Category B staff Category C staff Category D staff Category E staff 24 person-weeks hr hr hr hr hr 480 384 96 0 0 FUNCTIONAL AREA 3 TO SUMMARY Contract Part C2: Pricing Data Reference No. 205C/2011/12 C2.2 Pricing Schedule 82 Functional Area 4: Tender and contract development Item No. Activity Description Unit Quantity Rate Amount R a) Provide Services as described in the Scope of Work in respect of: Incentive structure Estimated level of effort: Category A staff Category B staff Category C staff Category D staff Category E staff b) 192 224 224 0 0 R R R R R Rate Only Rate Only R R R R R Rate Only Rate Only R R R R R Rate Only R R R R R Rate Only Provide Services as described in the Scope of Work in respect of: Vehicle operator (VO) contracts Category A staff Category B staff Category C staff Category D staff Category E staff 70 person-weeks hr hr hr hr hr 1400 700 700 0 0 Provide Services as described in the Scope of Work in respect of: Automated Fare Collection (AFC) contract Estimated level of effort: Category A staff Category B staff Category C staff Category D staff Category E staff d) 16 person-weeks hr hr hr hr hr Estimated level of effort: c) c 60 person-weeks hr hr hr hr hr 720 720 720 240 0 Provide Services as described in the Scope of Work in respect of: Control Centre (CC) contract Estimated level of effort: Category A staff Category B staff Category C staff Category D staff Category E staff Contract Part C2: Pricing Data Reference No. 205C/2011/12 40 person-weeks hr hr hr hr hr 800 320 320 160 0 C2.2 Pricing Schedule 83 Functional Area 4: Tender and contract development - Continued Item No. Activity Description Unit Quantity Rate Amount R e) Provide Services as described in the Scope of Work in respect of: Station Management (SM) contract Estimated level of effort: Category A staff Category B staff Category C staff Category D staff Category E staff f) 50 person-weeks hr hr hr hr hr 600 600 600 200 0 R R R R R Rate Only R R R R R Rate Only R R R R R Rate Only Provide Services as described in the Scope of Work in respect of: Advertising contract Estimated level of effort: Category A staff Category B staff Category C staff Category D staff Category E staff g) c 35 person-weeks hr hr hr hr hr 420 420 420 140 0 Provide Services as described in the Scope of Work in respect of: Contracting retail and parking management opportunities Estimated level of effort: Category A staff Category B staff Category C staff Category D staff Category E staff 52 person-weeks hr hr hr hr hr 624 624 624 208 0 FUNCTIONAL AREA 4 TO SUMMARY Contract Part C2: Pricing Data Reference No. 205C/2011/12 C2.2 Pricing Schedule 84 Functional Area 5: Business Development – Ancillary support Item No. Activity Description Unit Quantity Rate Amount R a) Provide Services as described in the Scope of Work in respect of: Peer review Estimated level of effort: Category A staff Category B staff Category C staff Category D staff Category E staff b) 96 128 96 0 0 R R R R R Rate Only Rate Only R R R R R Rate Only R R R R R Rate Only R R R R R Rate Only Rate Only Rate Only Provide Services as described in the Scope of Work in respect of: Legal advice Category A staff Category B staff Category C staff Category D staff Category E staff 40 person-weeks hr hr hr hr hr 480 480 480 160 0 Provide Services as described in the Scope of Work in respect of: Lessons learned in IRT / BRT Estimated level of effort: Category A staff Category B staff Category C staff Category D staff Category E staff d) 8 person-weeks hr hr hr hr hr Estimated level of effort: c) c 30 person-weeks hr hr hr hr hr 360 360 360 120 0 Provide Services as described in the Scope of Work in respect of: Advisory support to subsequent planning activities and Phase 2 implementation Estimated level of effort: Category A staff Category B staff Category C staff Category D staff Category E staff 35 person-weeks hr hr hr hr hr 1260 140 0 0 0 FUNCTIONAL AREA 5 TO SUMMARY Contract Part C2: Pricing Data Reference No. 205C/2011/12 C2.2 Pricing Schedule 85 Functional Area 6: Industry transition – Strategy Item No. Activity Description Unit Quantity Rate Amount R a) Provide Services as described in the Scope of Work in respect of: Transition strategy assistance Estimated level of effort: Category A staff Category B staff Category C staff Category D staff Category E staff b) c 24 person-weeks hr hr hr hr hr 384 288 96 96 0 R R R R R Rate Only R R R R R Rate Only Provide Services as described in the Scope of Work in respect of: Memorandum of Understanding with industry Estimated level of effort: Category A staff Category B staff Category C staff Category D staff Category E staff 20 person-weeks hr hr hr hr hr 640 80 40 40 0 FUNCTIONAL AREA 6 TO SUMMARY Contract Part C2: Pricing Data Reference No. 205C/2011/12 C2.2 Pricing Schedule 86 Functional Area 7: Industry transition – Capacitation of existing industry Item No. a) Activity Description Extra over above item in respect of all administration of invoice and overhead charges to a maximum of 5% Category A staff Category B staff Category C staff Category D staff Category E staff Amount R c 93,000,000 % 93,000,000 93,000,000 16 person-weeks 64 320 128 128 0 R R R R R Rate Only R R R R R Rate Only R R R R R Rate Only R R R R R Rate Only Provide Services as described in the Scope of Work in respect of: Industry training workshops Category A staff Category B staff Category C staff Category D staff Category E staff 16 person-weeks hr hr hr hr hr 256 192 128 64 0 Provide Services as described in the Scope of Work in respect of: Study tour for operators Estimated level of effort: Category A staff Category B staff Category C staff Category D staff Category E staff e) 1 hr hr hr hr hr Estimated level of effort: d) Provisional Sum Rate Provide Services as described in the Scope of Work in respect of: Industry outreach materials Estimated level of effort: c) Quantity Provide Services as described in the Scope of Work in respect of: Facilitation and professional support Estimated Provision for Facilitation and professional support for industry transition. b) Unit 10 person-weeks hr hr hr hr hr 200 80 80 40 0 Provide Services as described in the Scope of Work in respect of: External Workshops Estimated level of effort: Category A staff Category B staff Category C staff Category D staff Category E staff 10 person-weeks hr hr hr hr hr 200 80 80 40 0 FUNCTIONAL AREA 7 TO SUMMARY Contract Part C2: Pricing Data Reference No. 205C/2011/12 C2.2 Pricing Schedule 87 Functional Area 8: Surveys and Data Management Item No. Activity Description Unit Quantity Rate Amount R a) c Provide Services as described in the Scope of Work in respect of: Surveys and Data Management Estimated level of effort: Category A staff Category B staff Category C staff Category D staff Category E staff 3500 person-weeks hr hr hr hr hr 0 7000 7000 14000 112000 R R R R R Rate Only FUNCTIONAL AREA 8 TO SUMMARY Contract Part C2: Pricing Data Reference No. 205C/2011/12 C2.2 Pricing Schedule 88 Functional Area 9: Operational Support – Vehicle operations Item No. Activity Description Unit Quantity Rate Amount R a) Provide Services as described in the Scope of Work in respect of: Public Transport Operations Estimated level of effort: Category A staff Category B staff Category C staff Category D staff Category E staff b) 40 120 120 120 0 R R R R R Rate Only Provide Services as described in the Scope of Work in respect of: Event services Category A staff Category B staff Category C staff Category D staff Category E staff 8 person-weeks hr hr hr hr hr 16 48 112 64 80 R R R R R Provide Services as described in the Scope of Work in respect of: Surveys and Monitoring Estimated level of effort: Category A staff Category B staff Category C staff Category D staff Category E staff d) 10 person-weeks hr hr hr hr hr Estimated level of effort: c) c 40 person-weeks hr hr hr hr hr 80 80 80 80 1280 R R R R R Provide Services as described in the Scope of Work in respect of: Training Estimated level of effort: Category A staff Category B staff Category C staff Category D staff Category E staff 10 person-weeks hr hr hr hr hr 20 120 180 80 0 R R R R R Rate Only FUNCTIONAL AREA 9 TO SUMMARY Contract Part C2: Pricing Data Reference No. 205C/2011/12 C2.2 Pricing Schedule 89 Functional Area 10: Operational Support – Facilities management Item No. Activity Description Unit Quantity Rate Amount R a) c Provide Services as described in the Scope of Work in respect of: Management and Maintenance on Public Transport Facilities Estimated level of effort: Category A staff Category B staff Category C staff Category D staff Category E staff 10 person-weeks hr hr hr hr hr 80 80 80 80 80 R R R R R FUNCTIONAL AREA 10 TO SUMMARY Contract Part C2: Pricing Data Reference No. 205C/2011/12 C2.2 Pricing Schedule 90 Functional Area 11: Operational Support – Client services Item No. Activity Description Unit Quantity Rate Amount R a) Provide Services as described in the Scope of Work in respect of: Client Services and Passenger Information Estimated level of effort: Category A staff Category B staff Category C staff Category D staff Category E staff b) c 20 person-weeks hr hr hr hr hr 80 160 280 160 120 R R R R R Provide Services as described in the Scope of Work in respect of: Stakeholder Structures Estimated level of effort: Category A staff Category B staff Category C staff Category D staff Category E staff 20 person-weeks hr hr hr hr hr 80 160 280 160 120 R R R R R FUNCTIONAL AREA 11 TO SUMMARY Contract Part C2: Pricing Data Reference No. 205C/2011/12 C2.2 Pricing Schedule 91 Functional Area 12: Operational Support – Business Unit Item No. Activity Description Unit Quantity Rate Amount R a) Provide Services as described in the Scope of Work in respect of: Systems and Processes for the IRT Operations Estimated level of effort: Category A staff Category B staff Category C staff Category D staff Category E staff b) 100 350 350 200 0 R R R R R Rate Only R R R R R Rate Only Rate Only Provide Services as described in the Scope of Work in respect of: Organisation plan development, facilitation, coordination and integration. Category A staff Category B staff Category C staff Category D staff Category E staff 10 person-weeks hr hr hr hr hr 80 200 120 0 0 Provide Services as described in the Scope of Work in respect of: Health and Safety Estimated level of effort: Category A staff Category B staff Category C staff Category D staff Category E staff d) 25 person-weeks hr hr hr hr hr Estimated level of effort: c) c 8 person-weeks hr hr hr hr hr 16 64 160 64 16 R R R R R Provide Services as described in the Scope of Work in respect of: Safety and Security Estimated level of effort: Category A staff Category B staff Category C staff Category D staff Category E staff Contract Part C2: Pricing Data Reference No. 205C/2011/12 5 person-weeks hr hr hr hr hr 20 60 80 30 10 R R R R R C2.2 Pricing Schedule 92 Functional Area 12: Operational Support – Business Unit - Continued Item No. Activity Description Unit Quantity Rate Amount R e) Provide Services as described in the Scope of Work in respect of: Inspection services Estimated level of effort: Category A staff Category B staff Category C staff Category D staff Category E staff f) 5 person-weeks hr hr hr hr hr 10 50 40 30 70 R R R R R Provide Services as described in the Scope of Work in respect of: Contract Administration Estimated level of effort: Category A staff Category B staff Category C staff Category D staff Category E staff g) c 30 person-weeks hr hr hr hr hr 180 240 240 360 180 R R R R R Provide Services as described in the Scope of Work in respect of: Quality Management Estimated level of effort: Category A staff Category B staff Category C staff Category D staff Category E staff 10 person-weeks hr hr hr hr hr 60 80 80 120 60 R R R R R FUNCTIONAL AREA 12 TO SUMMARY Contract Part C2: Pricing Data Reference No. 205C/2011/12 C2.2 Pricing Schedule 93 CITY OF CAPE TOWN IRT OPERATIONS PROVISION OF PROFESSIONAL SERVICES INTEGRATED RAPID TRANSIT SYSTEM : Business Development, Industry Transition & Operations C2.2 Activity Schedule SPECIALIST PRINTING Item No. Description Unit Quantity Rate Amount R a) b) c) d) e) c Standard self adhesive vinyl with glazing (Full Colour) Printing: size 190 x 850mm, No 285 R Printing: size A3, No 84 R Apply / Install: size 190 x 850mm, No 285 R Apply / Install: size A3, No 84 R Printing: size 170 x 1500mm, No 278 R Printing: size 500 x 1200, No 18 R Printing: size A3, No 168 R Apply / Install: size 170 x 1500mm, No 278 R P5 self adhesive vinyl with glazing (Full Colour) Incl Perspex backing Apply / Install: size 500 x 1200, No 18 R Apply / Install: size A3, No 168 R Printing: size 170 x 1500mm, No 252 R Printing: size 415 x 1800, No 26 R Apply / Install: size 170 x 1500mm, No 252 R Apply / Install: size 500 x 1200, No 26 R Printing: size A0, No 51 R Apply / Install: size A0, No 51 R Printing: size 150mm diameter, No 194 R Apply / Install: size 150mm diameter, No 194 R P5 self adhesive vinyl with glazing (Full Colour) Digitally printed onto white self adhesive vinyl with varnish 150gram Paper A0 poster (Full Colour) Reflective sticker (Full Colour) TOTAL TO SUMMARY Contract Part C2: Pricing Data Reference No. 205C/2011/12 C2.2 Pricing Schedule 94 CITY OF CAPE TOWN IRT OPERATIONS PROVISION OF PROFESSIONAL SERVICES INTEGRATED RAPID TRANSIT SYSTEM : Business Development, Industry Transition & Operations C2.2 Activity Schedule Recoverable Expenses (Disbursements) Item No. Description Unit Quantity Rate Amount R a) c Recoverable expenses for printing/copying at the request of the employer : a).a specified below - Full colour (140gsm unless otherwise stated): 1 Printing: size A0 (single copies or more) No 800 R 2 Printing: size A1(single copies or more) No 800 R 3 Printing: size A2 (usually 40 copies at a time, or more) No 8,000 R 4 Printing: size A3: first 1000 (or less) No 14,000 R 5 Printing: size A3: per 1000 after first 1000 No 14,000 R 6 Printing: size A3, folded, Matt or gloss, 115g: first 1000 (or less) No 10,000 7 Printing: size A3, folded, Matt or gloss, 115g: per 1000 after first 1000 No 10,000 8 Printing: size A4, folded, Matt or gloss, 115g: first 1000 (or less) No 30,000 No 30,000 No 15,000 R Printing: size A4, folded, Matt or gloss, 115g: per 1000 after first 1000 Printing/copying: size A4 (reports and tender 10 documents only) 9 a).b specified below - black and white (140gsm unless otherwise stated): 1 Printing: size A0 (single copies or more) No 800 R 2 Printing: size A1(single copies or more) No 800 R 3 Printing: size A2 (usually 40 copies at a time, or more) No 8,000 R 4 Printing: size A3: first 1000 (or less) No 14,000 R 5 Printing: size A3: per 1000 after first 1000 No 14,000 R 6 Printing: size A3, folded, Matt or gloss, 115g: first 1000 (or less) No 10,000 7 Printing: size A3, folded, Matt or gloss, 115g: per 1000 after first 1000 No 10,000 8 Printing: size A4, folded, Matt or gloss, 115g: first 1000 (or less) No 30,000 No 30,000 No 15,000 R No 800 R No. 100 R Printing: size A4, folded, Matt or gloss, 115g: per 1000 after first 1000 Printing/copying: size A4 (reports and tender 10 documents only), incl insertion of colour pages (priced above), where few a).c Compilation and binding of reports/tender documents, books of drawings. 9 a).d Electronic Data provided on Compact Disk Contract Part C2: Pricing Data Reference No. 205C/2011/12 C2.2 Pricing Schedule 95 b) Recoverable expenses in respect of travelling. Provisional Sum - - 400,000 - c) Estimated Provision for Production and Display of passenger information Provisional Sum - - 2,000,000 - d) Estimated Provision for honorariums for the peer review panel members, as well as cover travel costs, accommodation and refreshments Provisional Sum - - 1,000,000 - e) Extra over above item in respect of all administration of invoice and overhead charges to a maximum of 5% % 1,000,000 f) Estimated Provision for cover of the travelrelated costs of the Study Tour, including a 5% admin fee chargeable by the Service Provider. Provisional Sum - - 10,000,000 - g) Other costs incurred on behalf of and with the approval of the Employer. Provisional Sum - - 100,000 - h) Extra over above item in respect of all other costs, overhead charges and profit. % 100,000 - TOTAL TO SUMMARY Contract Part C2: Pricing Data Reference No. 205C/2011/12 C2.2 Pricing Schedule 96 CITY OF CAPE TOWN IRT OPERATIONS PROVISION OF PROFESSIONAL SERVICES INTEGRATED RAPID TRANSIT SYSTEM : Business Development, Industry Transition & Operations SUMMARY OF ACTIVITY SCHEDULE A: TOTAL FROM FUNCTIONAL AREA 1 R 0 B: TOTAL FROM FUNCTIONAL AREA 2 R 0 C: TOTAL FROM FUNCTIONAL AREA 3 R 0 D: TOTAL FROM FUNCTIONAL AREA 4 R 0 E: TOTAL FROM FUNCTIONAL AREA 5 R 0 F: TOTAL FROM FUNCTIONAL AREA 6 R 0 G: TOTAL FROM FUNCTIONAL AREA 7 R 0 H: TOTAL FROM FUNCTIONAL AREA 8 R 0 I: TOTAL FROM FUNCTIONAL AREA 9 R 0 J: TOTAL FROM FUNCTIONAL AREA 10 R 0 K: TOTAL FROM FUNCTIONAL AREA 11 R 0 L: TOTAL FROM FUNCTIONAL AREA 12 R 0 M: ADJUSTMENT FOR CONTRACT DURATION Allow items (I - L) above as per annum costs to be multiplied by the anticipated contract duration of 8 years. R 0 N: TOTAL OF SPECIALIST PRINTING R 0 O: TOTAL OF RECOVERABLE EXPENSES R 0 P: SUB-TOTAL (Items A - H, M - O) R 0 Q: CONTINGENCIES Allow the sum of 10% (ten percent) of the above Sub-total for Contingencies to be spent as the Employer may direct and to be deducted in whole or in part if not required. R 0 R: TOTAL INCLUDING CONTINGENCIES R 0 S: VALUE ADDED TAX ADD: VAT at the rate of 14% of R above R 0 TENDER PRICE CARRIED FORWARD TO C1.1 FORM OF OFFER AND ACCEPTANCE (R+S) R 0 T: I, the undersigned, do hereby declare that the above is a properly priced Pricing Schedule forming part of this Contract Document upon which my/our tender for Tender No. 205C/2011/12: PROVISION OF PROFESSIONAL SERVICES: MyCiTi INTEGRATED RAPID TRANSIT SYSTEM : Business Development, Industry Transition & Operations SIGNED ON BEHALF OF THE TENDERER: Contract Part C2: Pricing Data Reference No. 205C/2011/12 C2.2 Pricing Schedule 97 Part C3: Scope of Work Page C3.1 Scope of Work ............................................................................... 99 Contract Part C3: Scope of Work Reference No. 205C/2011/12 98 C3.1 Scope of Work CITY OF CAPE TOWN IRT OPERATIONS TENDER No 205C/2011/12 PROVISION OF PROFESSIONAL SERVICES MyCiTi INTEGRATED RAPID TRANSIT SYSTEM : Business Development, Industry Transition & Operations C3.1 Scope of Work CONTENTS PAGE 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. Introduction....................................................................................................................................................99 Background .................................................................................................................................................100 Employer’s objective....................................................................................................................................100 Use of reasonable skill and care .................................................................................................................101 Description of the services required ............................................................................................................101 Functional Area 1: Project management services .......................................................................................102 Functional Area 2: Business structure .........................................................................................................103 Functional Area 3: Financing plan and advice.............................................................................................104 Functional Area 4: Tender and contract development .................................................................................106 Functional Area 5: Business Development – Ancillary support ...............................................................111 Functional Area 6: Industry transition – Strategy .....................................................................................112 Functional Area 7: Industry transition – Capacitation of existing industry................................................114 Functional area 8: Surveys and Data Management.................................................................................116 Operational Support ................................................................................................................................116 Functional Area 9: Operational Support – Vehicle operations .................................................................116 Functional Area 10: Operational Support – Facilities management.........................................................118 Functional Area 11: Operational Support – Client services .....................................................................118 Functional Area 12: Operational / Business Development Support – Business Unit ...............................119 Project milestones, timeline and responsibility ........................................................................................121 Reporting requirements ...........................................................................................................................121 21. 22. 23. 24. 25. 26. Procurement ............................................................................................................................................122 Format of communication ........................................................................................................................122 Key personnel..........................................................................................................................................122 Management meetings ............................................................................................................................125 Claims for payment..................................................................................................................................125 Employers right to recover costs .............................................................................................................125 1. Introduction The lack of quality public transport services in Cape Town has a negative impact on the city’s economic competitiveness, environmental well-being, and the realisation of social equity. The MyCiTi Integrated Rapid Transit (IRT) project is designed to transform the public transport sector by dramatically improving the customer experience. This overall initiative will consist of an integrated package of measures, including: Metrorail services, trunk road-based services, scheduled bus services, feeder bus services, improved pedestrian and bicycle access, metered taxi integration, and park-and-ride facilities. Contract Part C3: Scope of Work Reference No. 205C/2011/12 99 C3.1 Scope of Work The first leg of the IRT that the City of Cape Town (“the City” of “the Employer”) is rolling out is a Bus Rapid Transit (“BRT”) service. The service is known as the MyCiTi service. In the remainder of this document and the Background Document referred to below, the terms IRT and MyCiTi are used interchangeably. The project seeks to improve the quality of life of Cape Town citizens through the provision of a high-quality and affordable public transport system. This request for consulting services focuses upon the development of highquality road-based services. This tender is offered regarding Phases 1B and 2 of the implementation of the IRT project, in so far as these phases can be implemented within the tender period of this contract, or its possible extension, as well as professional services still required regarding Phase 1A of the IRT. 2. Background Several on-going and previous planning activities will form the basis for this tender. The full MyCiTi IRT System is expected to be developed over a 10 to 20 year period through four project phases. The overall planning process will include the range of activities required to achieve a technically, environmentally, and financially viable system. The elements of the full planning activities include four distinct groups of activities: 1. 2. 3. 4. System Plan: data collection, modelling, corridor and route identification, operational characteristics and sizing, traffic impact studies, economic evaluation study; Business Plan: business plan and institutional plan, operational contract development, ITS and fare technology operational cost modelling and financing plan; Infrastructure Design Plan: conceptual infrastructure plan, detailed engineering plan, modal integration plan). Monitoring and Evaluation Plan. This project expects to borrow from the leading examples of BRT that have been implemented in the world today. Background documents made available to tenderers are as follows: • Business Plan for Phase 1A, which can be downloaded from www.capetown.gov.za/en/irt, and then by clicking on “Business Plan”. • Background Document on Phase 1A and 1B and Phase 2, attached as Part C4.2. Although the Background Document applies primarily to Phase 1A, it should be read as guidance regarding the Phase(s) that this tender relates to. 3. Employer’s objective a) The objective of this proposal is to develop a high level Business Plan for all four phases of the improved road-based public transport services in Cape Town, as well as a full Business and Operational Support Plan for Phase 1B and Phase 2 of MyCiTi, and in some case regarding Phase 1A. The Business Plan will provide the operator and institutional mechanisms required to ensure a profitable and well-managed system is delivered. b) The Business Plan is the principal planning document for determining the profitability of the system, the flow of revenues, the incentive structures, the institutional arrangements for managing the system, the marketing and branding strategies, the capacitation of the existing operators, and the financing of the system. Based on the Business Plan, the Employer’s objective is to design and contract a range of operational contracts / tenders, and to design and implement an industry transition strategy. c) It is the Employer’s objective further to successfully commence, and complete the implementation of Phase 1B and Phase 2 of the City’ Integrated Rapid Transit (IRT) System, including the commissioning of service operations subject to the following: (i) That expenditure at any one time does not exceed available funds (ii) That a start up service regarding Phase 2 is commissioned as soon as practically possible after appointment, preferably by in late 2013. d) Finally, it is the Employer’s objective to continue to provide effective transport services designed as part of Phase 1A, and thus for the required professional services still required regarding Phase 1A also to be provided by the Service Provider. Contract Part C3: Scope of Work Reference No. 205C/2011/12 100 C3.1 Scope of Work 4. 5. Use of reasonable skill and care a) The Service Provider’s attention is drawn to the fact that the project is being carried out within an operating transport system which not only affects the City of Cape Town’s existing transportation infrastructure and other assets but also its road users, pedestrians, commuters and current public transport operators i.e. both taxi and bus operators. b) In addition, the project is of such a nature that it will not only affect property owners and active businesses along the IRT corridors, it will also impact on the broader economic, spatial development and environmental (biophysical, socio-economic and cultural) characteristics of the City of Cape Town c) It should also be noted that the current and planned investment in the IRT system represents a huge capital investment to the City and has long term operating budget implications and the success of this initial phase will strongly influence the rollout of further phases across the City. d) The successful implementation of Phases 1A, 1B and 2 of the IRT system is therefore of critical importance to the City of Cape Town. e) The Service Provider is therefore required to provide all aspects of the Service with all reasonable care, diligence and skill in accordance with generally accepted professional techniques and standards. f) Safety of persons and property is of paramount importance, as is the minimisation of disruption and inconvenience to the traveling public and businesses. Description of the services required a) The Service Provider is required to provide the services as discussed from paragraph 6 onwards. b) The geographic scope of this tender: (i) It focuses on Phase 1B and 2 of the MyCiTi system. These phases are described in the Background Document referred to in par 2. However, it is noted that the extent, physical location and timing of these phases are in the early stages of development, and potentially subject to substantial change during the currency of this tender. (ii) The scope further extends to Phase 1A, where the Department: IRT Operations requires professional input and / or support as set out in this Scope of Work regarding such phase. For example, if a given operational contract in Phase 1A (such as the Station Services contract) runs out or is terminated during the currency of this contract, the scope of this tender includes the work set out in this tender regarding such service, such as the drafting of a subsequent tender and contract. c) An “estimated level of effort” has been provided only for informational purposes. These estimations are based upon experience from similar projects in the past. For the purposes of these estimations, a “person-week” is defined as 40 hours of labour per week per person. However, these estimations may not be indicative of the requirements for this particular initiative. Each project is dependent upon the local context. d) Key personnel will be expected to operate out of the local office, as the exigencies of this project require. To the extent that international expertise is employed in this initiative, at least 75 percent of the international experts time should be spent in Cape Town while executing this project. The amount of time each team member is expected to contribute to this initiative should be submitted along with the amount of time the team member will be working within Cape Town. e) Regarding all areas of the services described below, the Service provider shall provide: (i) The required legal advice, including drafting of legal opinions, contract drafting, legal input to all reports as required – as required by the Employer. Where appropriate the Employer will obtain legal input and / or sign-off from the City’s Legal Services regarding all such legal advice. (ii) The required staff to assist in implementation of recommendations (as accepted or amended by the Employer), in as far as the required staff is not available within the establishment of the IRT Operations Department. f) Regarding all the functional areas and activities below, the Employer at its own discretion shall direct which elements of these functional areas, activities and outputs the Service provider must deliver upon. Where the Employer does not direct that such work commence, the Service Provider shall have no Contract Part C3: Scope of Work Reference No. 205C/2011/12 101 C3.1 Scope of Work claim against the Employer. Similarly, where work does commence but the Employer directs that work on a given functional area activity or output should cease, the Service Provider shall not have a claim against the Employer for work not yet done. 6. g) The Employer may at any time issue a sub-scope of work to the Service Provider falling within the Scope of Work, and the Service Provider must then issue the Employer with a workplan, indicating the methodology to be followed, and the category of resources and the time and disbursements permitted by the contract required to fulfill the sub-scope of work, for the Employer’s approval. The Service Provider may only invoice for satisfactory progress regarding such work, based on the approved workplan, as approved by the Employer. The Employer may agree to an amended workplan, where appropriate. h) Abbreviations and terms used in this tender document are defined in the Background Document which forms part of this tender. Functional Area 1: Project management services Estimated level of effort: as described in Price Schedule a) The activities to be undertaken by the Service Provider include: (i) The provision of standard services described in of Board Notice 52 of 2010: Guideline Scope of Services and Tariff of Fees for Persons Registered in terms of the Project and Construction Management Professions Act, 2000, (Act No. 48 of 2000) published in Government Gazette No. 33102, or relevant standards applicable to project management of operations, as amended or amplified upon in the project brief below, including: • Overall project management services regarding this contract, including the development and regular updates of Gantt charts outlining project programming and progress, including monthly progress reports • Further professional project management services regarding the IRT Operations Department, as required. • Project risk management. (ii) Any or all of the Additional Services described in of Board Notice 52 of 2010: Guideline Scope of Services and Tariff of Fees for Persons Registered in terms of the Project and Construction Management Professions Act, 2000, (Act No. 48 of 2000) published in Government Gazette No. 33102, as amended, the cost of which will be covered by a contingency or time based allowance. (iii) Record-keeping of all relevant meetings (participation list and minuting) including meetings attended only for minuting purposes b) The Service Provider shall ensure that each functional area of this tender will be conducted in an integrated and co-ordinated manner. c) Further, the project management team will have to demonstrate previous experience with successful outcomes on similar large and complex projects, preferably in a Transport-related field. d) The Project Leader, hereafter referred to as the Project Manager, will report to the City’s Director: IRT Operations or his delegate. All professional service providers / consultants (“consultant”) provided by way of this tender will report to the Project Leader who may be appointed by the Employer as its agent regarding other contractors employed by the Department IRT Operations. The Project Leader shall be the entity through which all communications and instructions between the Employer and any consultant employed through this tender shall occur. e) It is noted that the project management services required in terms of this tender will primarily focus on more detailed project management regarding this contract and the IRT Operations Department, within the context of any overall project management services that may be provided to the two relevant IRT departments: IRT Operations and IRT Implementation. The Service Provider will be required to report, regarding project management, to the IRT high-level project management contractor, being the Cape Town IRT Project Managers Joint Venture (“PMIRT”), or a contractor replacing such contractor over time. f) Outputs include: • Monthly progress reports • Effective project management, including regular Gantt charts Contract Part C3: Scope of Work Reference No. 205C/2011/12 102 C3.1 Scope of Work • • 7. Input on risk management to PMIRT Minutes Functional Area 2: Business structure a) Institutional plan Estimated level of effort: as described in Price Schedule. a) The activities to be undertaken by the Service Provider include: (i) Reassessing the operational contract structure used in Phase 1A, as set out in the Background Document, and providing a fully motivated report on where this is appropriate, where not, and recommending specific changes. • Conducting such reassessment taking into account lessons learned in the IRT, in similar systems elsewhere in South Africa, or elsewhere in the world • Providing all relevant professional advice as needed to implement changes to the operational contract structure, as required by the Employer (ii) Conducting the required investigations and drafting the required reports required for the establishment of the envisaged Municipal Entity responsible for public transport (“the Municipal Entity”), as input to the City’s Transport Department which is charged with leading this process • Providing all relevant professional governance and institutional support needed in the process of formalising the Municipal Entity, as required by the Employer • Providing professional advice regarding the organigram of the Municipal Entity, along with position descriptions for the required staff (iii) Providing appropriate legal advice regarding the implementation of the proposed institutional structure (iv) Where appropriate, the above activities should be provided from a perspective of IRT operations b) As regarding all other elements of this Scope of Work, the Service Provider shall work with City officials when performing the above activities. c) Outputs include: (i) Report on reassessment of operational contract structure (ii) Reports and documents required regarding the establishment of the Municipal Entity b) Refinement of operating cost model and fare policy Estimated level of effort: as described in Price Schedule. a) The activities to be undertaken by the Service Provider include: (i) Refinement of operating cost model, as part of an iterative process together with the system modelling undertaken by the System Planning division of IRT (ii) Finalisation of given operating cost structure based on the proposed business plan (iii) Refinement of the proposed fare policy and tariffs in conjunction with the proposed business structure, working from the modelling done by the System Planning division of IRT. b) This stage enables the results from the previous System Plan to be reconciled with the findings and conclusions of the Business Plan. To an extent, elements of the Business and System Plans require an iterative process to optimise efficiencies and cost levels. The Business Structure will influence how routings are developed. The routings then need testing through an Operational Cost Model to determine if the tested scenarios meet expected fare and subsidy minimisation objectives. c) Outputs include: (i) Reports on modelling of operational costs, as part of an iterative process with the System Planning division of IRT. (ii) Input to the Business Plan(s) (iii) Cost modelling as required, forming part of negotiations of the vehicle operator contracts (see below) Contract Part C3: Scope of Work Reference No. 205C/2011/12 103 C3.1 Scope of Work c) Revenue flows Estimated level of effort: as described in Price Schedule a) The activities to be undertaken by the Service Provider include: (i) Reassessment of how revenues flow from the customer and other sources of revenue to each of the key parties (e.g. vehicle operators, automated fare collection contractor, control centre contractor, municipal entity, City, etc.), taking into account the relevant current legal framework. (ii) Provision of the precise calculations required for determining the revenue shares of each actor. (iii) Recommending changes to the current model (of required). 8. b) The flow, control, and disbursement of revenues to the relevant parties underpins the credibility and effectiveness of the business model. The development of a robust, transparent process will give each party the appropriate level of confidence to participate in the initiative. c) Outputs include: (i) Report on reassessment of revenue flow (ii) Ongoing professional advice regarding implementation of changes to established systems of revenue flow Functional Area 3: Financing plan and advice a) Financing options and advice Estimated level of effort: as described in Price Schedule 1) The activities to be undertaken by the Service Provider include: a. b. c. d. e. A critical reassessment of funding provided for the project to date. Development of new financing options. This could include: city-wide parking levy and property value capture along corridors, fuel levy, MyCiTi management of parking management in return for fees (see below). Calculation of likely revenues to be generated from the different options. Engaging with over spheres of government, and with other municipalities and appropriate bodies, regarding past and future funding, as directed by the Employer. This could include system infrastructure financing, operator vehicle financing, operational maintenance financing and financing of other relevant elements of the system. 2) As indicated above, the Cape Town IRT represents the City’s largest investment to date in public transport. The entire project will span a 10 to 20 year period of construction. Aligning the appropriate financial resources will be critical to the project’s realisation. 3) The project’s financing encompasses several components, including capital infrastructure, vehicle procurement, and on-going infrastructure maintenance. The Service Provider shall devise financing strategies for each all three of these project components, as directed by the Employer. The available options to be explored include the financing sources given in the following table: Activity Area Financing Source Infrastructure Local, provincial, and national general tax revenues Fuel taxes / fuel levies Road pricing / congestion charging Parking and loading fees Improved enforcement of traffic regulations Land value taxation and development contributions Sales or leasing of commercial space near stations Advertising Merchandising Commercial banks Municipal bonds Loans from the World Bank Contract Part C3: Scope of Work Reference No. 205C/2011/12 104 C3.1 Scope of Work Equipment (e.g. vehicles) Maintenance 4) 5) 6) The Service Provider shall analyse such options for applicability to the IRT System. The Employer will provide the Service Provider with the capital infrastructure cost estimates required to conduct this analysis. Regarding land value capture: Several mechanisms exist to capture value from the appreciation of property and land values from the development of a high-quality public transport system. These mechanisms include the Land Benefit Levy (LBL), development taxes, private sector contributions in exchange for development rights, and the development of municipal-owned properties. The Service Provider shall deliver a detailed evaluation of the potential revenue that could be generated from property development and land value capture along the system’s corridors. The Service Provider shall make recommendations regarding the form of a land value capture system for Cape Town. Where the Employer decides to use land value capture mechanisms, it may direct the Service provider to assist in the implementation of such mechanisms, or parts thereof, including: a. b. c. d. e. 7) Loans from regional development banks National and sub-national development banks Emissions trading Emerging private investment options (e.g. PPPs) Private sector operators / fare revenues Bus manufacturers Bi-lateral export banks International Finance Corporation Commercial banks Local, provincial, and national general tax revenues Fuel taxes / fuel levies Road pricing / congestion charging Parking and loading fees Private sector operators / fare revenues Articulation of the step-by-step activities required to secure implementation Assistance in fulfilling the legal actions required for implementation Identification of relevant property developers along Phase I and Phase II corridors Fulfillment of property development negotiations with developers Assistance to the City in the actual delivery of land value capture from the projects. Outputs include: a. Deliver a land value capture study detailing the options for capturing land value appreciation from property development along the corridors along with an estimation of the potential revenue from a land value capture and property development programme b. Reports on other activities listed above. c. Funding proposals. d. Reports on engagements with other spheres of government and with funders. b) Clean Development Mechanism / Carbon trading Estimated level of effort: as described in Price Schedule 1) The activities to be undertaken by the Service Provider include: a. b. c. d. 2) Develop a methodology or utilise an existing methodology that has been approved for the United Nations Framework Convention on Climate Change (UNFCCC) to prepare and submit a fully-completed application to the UNFCCC for emission credits from the CDM. This includes completing earlier draft applications, where necessary. Articulate the process and resources required by the City to manage the emission credit process into the future. Provide professional support regarding any further phases regarding applications, monitoring, reporting, or other steps required to obtain the relevant funding. Conduct modelling, as required, to draft applications, monitoring or other reports. Background a. Greenhouse gas emissions, such as CO2 emissions from transport, have been implicated in the growing global concern of climate change. In many parts of the world, such as the European Union, active carbon markets have been developed to encourage countries and businesses to reduce greenhouse gas emissions in an economically-efficient manner. b. The Kyoto Protocol, under the auspices of the UNFCCC, has established the Clean Development Mechanism (CDM) as a means for activities that reduce greenhouse gas Contract Part C3: Scope of Work Reference No. 205C/2011/12 105 C3.1 Scope of Work emissions in developing nations to obtain carbon credits. These credits can then be sold on the global market to gain revenues. BRT projects should be able to gain revenues from the CDM programme. 3) Outputs include: a. A fully-completed application to the UNFCCC for carbon credits or similar mechanisms for the relevant phase(s), aimed at establishing the carbon emission benefits of the project, and at obtaining the relevant funding. b. Other reports and monitoring activities, as directed by the Employer. c) Fuel levy Estimated level of effort: as described in Price Schedule 1) The stated policy of the City of Cape Town is to gain access to the National fuel levy through a direct redistribution to the City. The amount to be allocated to the City is based upon the amount of fuel levy collected from filling stations within the boundary of the City of Cape Town. This re-distribution could / would also encompass any future fuel levy tax that could be applied by the Provincial or National Government. 2) Implementation of this policy requires the co-operation of National Government. The Service Provider shall conduct a direct outreach effort to assist in achieving the implementation of this policy. Specifically, the Service Provider shall undertake the following activities: a. b. c. d. e. 3) 9. Develop presentation materials on the City's case to Provincial and National Governments for the re-distribution of the fuel levy. Conduct briefing sessions with the relevant Provincial and National Government officials Engage with other municipalities to build alliances in this regard, as well as other relevant for a. Develop and distribute outreach materials on the motivations behind the re-distribution of the fuel levy. Minute the Provincial and National Government interactions and report on the progress. Outputs include: a. Reports on the above activities, as directed by the Employer. b. Legislation to implement recommendations, as appropriate. Functional Area 4: Tender and contract development 1) 2) 3) In this section 9 terms have the following meaning, unless the context indicates otherwise: a. “contract” includes subsequent amendments to a contract, as well as addenda to contracts, for example to extend services to future phases; b. “prospectus” means a document setting out the specifications regarding a relevant service, to be used as a basis for drafting a contract, or to be attached to a tender document or contract, or to be used to advise negotiation parties as to the extent and detail of the relevant service; c. “tender documents” include requests for proposals (RFPs), tenders, and draft reports to internal committees of Council; When reference is made to a contract or another document, this could be limited at the discretion of the Employer to a part of such contract or other document. Any prospectus, tender document and contract developed by the Service Provider will be reviewed and finalised by the Employer’s officials. a) Incentive structure Estimated level of effort: as described in Price Schedule. 1) The activities to be undertaken by the Service Provider include: a. b. c. Reassessment of the incentives used to date in IRT operational contracts to ensure the highquality performance of each of the contracted parties Proposed detailing of the rewards and penalties to be utilised in affecting quality performance. Providing appropriate legal advice, including legal drafting input required into all operational contracts, required to achieve the incentive structure accepted by the Employer. Contract Part C3: Scope of Work Reference No. 205C/2011/12 106 C3.1 Scope of Work 2) The development of the various incentives affecting each vested stakeholder is a fundamental precursor to developing the various contractual agreements between the parties. This analysis shall scrutinise each party’s incentive structure from the perspective of both positive and negative behaviours. The incentives shall include the rewards and penalties related to each party’s performance. 3) Outputs include: a. Report on reassessment of mechanism to incentivise quality performance. b. Ongoing professional advice regarding implementation of changes as directed by the Employer. b) Vehicle operator (VO) contracts Estimated level of effort: as described in Price Schedule. 1) The scope of the VO Companies (VOCs), as presently conceived, is set out in the Background Document referred to in par 2. 2) The activities to be undertaken by the Service Provider include: a. b. c. d. e. f. Assessing VO contracts used by the Employer or other cities to date, and drafting interim and long-term VO contracts, as appropriate. Developing the specifications for the VOCs, through a Prospectus. Developing a tender document for the VO contracts. Providing comment on NDOT standard BRT-type contracts, and engaging with NDOT as appropriate. Guidance to the City regarding the recommended procedures and strategies for the direct operator tendering/negotiations, including advice from international advisors, taking into consideration lessons learned in other BRT systems. Professional support during the process of negotiations, as required, including cost modelling (see par 7(b)). 3) Based upon the initial outline from the activities in par 7 (Business Structure) and the buy-in from the existing operators (par 11 Industry Transition Strategy and par 12 Capacitation), work can then proceed in developing the Operational Contracts. Such models must be crafted to also carefully consider the local context. The Service Provider shall work closely with City officials to ensure the draft contract will meet the legal and quality requirements being proposed within the Cape Town IRT. 4) Outputs include: a. b. c. Prospectus(es), setting out the specifications of the VO service and contracts. Draft contract(s). Drafts memos and reports as appropriate regarding the above activities. c) Automated Fare Collection (AFC) contract Estimated level of effort: as described in Price Schedule. 1) The scope of the AFC contractor, as presently conceived, is set out in the Background Document referred to in par 2. 2) The activities to be undertaken by the Service Provider include: a. b. c. d. 3) Assessing AFC contracts used by the Employer or other cities to date, taking into account the operational management of such contracts, to learn lessons to benefit the activities below. Developing the specifications for the AFC contractor for the Phase(s) covered by this tender, through a Prospectus. Developing a tender document for the AFC contractor, including an appropriate contract. Providing professional advice and assistance (i) during tender evaluation, as required, during negotiations with preferred bidders, as authorised by the Bid Adjudication Committee (BAC) or another appropriate structure; (ii) regarding matters of a technical nature, including relevant technologies or systems, banking services agreements, etc regarding the AFC system; (iii) to ensure effective quality control and project management of the contractor, once appointed. An independent fare collection and fare verification company is fundamental to implementing a system that gives confidence to both the operators and the oversight management agency. The “fares” referred Contract C3.1 107 Part C3: Scope of Work Scope of Work Reference No. 205C/2011/12 to in this section may include fares charged for parking, whether such parking is managed by the IRT Operations Department or not. 4) The Service Provider shall build upon the fare system technical specifications developed in the previous System Planning tender to assist the Employer in developing tender specifications and contractual languages for the fare management company. 5) The Service Provider shall build upon the AFC set up during Phase 1A, and ensure that the AFC specifications and tender is fully compatible with the Phase 1A AFC equipment and system, and preferably effectively functions as one. 6) Outputs include: a. b. c. Prospectus(es), setting out the specifications of this tender and contract. Draft contract(s). Drafts memos and reports as appropriate regarding the above activities. d) Control Centre (CC) contract Estimated level of effort: as described in Price Schedule. 1) 2) The scope of the CC contractor, as presently conceived, is set out in the Background Document referred to in par 2. The activities to be undertaken by the Service Provider include: (i) Assessing CC contracts used by the Employer or other cities to date, taking into account the operational management of such contracts, to learn lessons to benefit the activities below. (ii) Developing the specifications for the CC contractor for the Phase(s) covered by this tender, through a Prospectus. (iii) Developing a tender document for the CC contractor, including an appropriate contract. (iv) Providing professional advice and assistance (i) during tender evaluation, as required, during negotiations with preferred bidders, as authorised by the Bid Adjudication Committee (BAC) or another appropriate structure; (ii) regarding matters of a technical nature, including relevant technologies, banking services agreements, etc regarding the CC system; (iii) to ensure effective quality control and project management of the contractor, once appointed. 3) The Service Provider shall build upon the CC set up during Phase 1A, and ensure that the CC specifications and tender is fully compatible with the Phase 1A CC equipment and system, and preferably effectively functions as one. 4) Outputs include: a. b. c. Prospectus(es), setting out the specifications of this tender and contract. Draft contract(s). Drafts memos and reports as appropriate regarding the above activities. e) Station Management (SM) contract Estimated level of effort: as described in Price Schedule. 1) The scope of the SM contractor, as presently conceived, is set out in the Background Document referred to in par 2. 2) The activities to be undertaken by the Service Provider include: (i) Assessing SM contracts used by the Employer or other cities to date, taking into account the operational management of such contracts, to learn lessons to benefit the activities below. (ii) Developing the specifications for the SM contractor for the Phase(s) covered by this tender, through a Prospectus. (iii) Developing a tender document for the SM contractor, including an appropriate contract. (iv) Providing professional advice and assistance (i) during tender evaluation, as required, during negotiations with preferred bidders, as authorised by the Bid Adjudication Committee (BAC) or another appropriate structure; Contract C3.1 108 Part C3: Scope of Work Scope of Work Reference No. 205C/2011/12 (ii) regarding matters of a technical nature, including relevant technologies or systems, etc regarding the SM system; (iii) to ensure effective quality control and project management of the contractor, once appointed. 3) Outputs include: a) b) c) Prospectus(es), setting out the specifications of this tender and contract. Draft contract(s). Drafts memos and reports as appropriate regarding the above activities. f) Advertising contract Estimated level of effort: as described in Price Schedule. 1) In addition to other sources of revenue, over and above fares, for the expansion and sustaining of the IRT, advertising on IRT infrastructure (including buses) is a potentially good source of revenue. The City needs to ensure that the full advertising potential of the MyCiTi network can be realised, in compliance with the City’s policies on outdoor advertising. 2) There is an ongoing need for the drafting / updating of a strategic framework on which to base the drafting of tenders, and for the actual drafting of relevant tender documents, as required. The framework must be compatible with the overall vision and objectives for MyCiTi, which are about creating a liveable city, including an aesthetically pleasing city environment. The framework needs to incorporate an overall advertising management plan for MyCiTi setting out the best combination of traditional and nontraditional advertising. It needs to set out how MyCiTi can maximise advertising revenue under a regulatory framework which suffers from overlapping jurisdictional authority. It must seek to capture as much value as possible from the inherent advantages to advertisers offered by its network characteristics. It is advisable for the City to address the issue of outdoor advertising in a comprehensive and strategic manner using an appropriate combination of skills if revenue from this source as well as overall visual impact in the city is to be optimised. 3) IRT also needs to give input regarding the regulatory and legal framework, to facilitate alignment with the overall strategic goals of the City in relation to the IRT system. The effectiveness of a advertising strategic framework and master plan relies heavily on the coordination and integration of the following three functions: regulation – technical guidelines; management; and development & planning (eg database of new opportunities). 4) Thus the objective of the advertising contract is to take the MyCiTi advertising space opportunity to market with a tender process that: a) Maximises financial return to MyCiTi. b) Within the constraints of regulations. c) Minimise administrative burden on the MyCiTi team. d) Ensures that the procured contractor do all light maintenance and cleaning of the MyCiTi curb-side busstops, or as amended by the Employer by issuing of directives to the Service Provider. 5) The activities to be undertaken by the Service Provider include: a) b) c) d) e) f) g) 6) Assessing advertising contracts used by the Employer or other cities to date, taking into account the operational management of such contracts, to learn lessons to benefit the activities below. Developing and updating a strategic framework and master plan for advertising on the IRT infrastructure. Assessing the revenue potential of each part of the IRT advertising value chain. Providing input regarding the regulatory and legal framework, to facilitate alignment between the overall strategic goals of the City and the objectives of the IRT system. Developing the specifications for the advertising contractor for the Phase(s) covered by this tender, through a Prospectus. Developing a tender document for the advertising contractor, including an appropriate contract. Providing professional advice and assistance • during tender evaluation, as required, during negotiations with preferred bidders, as authorised by the Bid Adjudication Committee (BAC) or another appropriate structure; • regarding matters of a technical nature, including relevant technologies or systems, etc; • to ensure effective quality control and project management of the contractor, once appointed. Outputs include: Contract Part C3: Scope of Work Reference No. 205C/2011/12 109 C3.1 Scope of Work a) b) c) d) Strategic framework and masterplan for advertising on IRT infrastructure. Prospectus(es), setting out the specifications of this tender and contract. Draft tenders and contract(s). Drafts memos and reports as appropriate regarding the above activities. g) Contracting retail and parking management opportunities Estimated level of effort: as described in Price Schedule. 1) Retail opportunities a. At certain stations and other MyCiTi facilities where space allows, the City may, or the SM contractor may be required to, establish retail spaces to be managed in terms of specifications prescribed by the City. Subject to a management fee, income received from the rental of such kiosks will be paid over to the City and, with the approval of the City, be considered as income to the MyCiTi profit centre to defray the costs of the MyCiTi system. The SM contractor may be required to design and manufacture of kiosks, the installation of any services, the maintenance and cleaning of kiosks. b. The City will itself be responsible for identifying suitable retail tenants in line with the provisions of the City's by-laws and the Municipal Finance Management Act 56 of 2003, although the SM contractor may be required to assisting the City in this process. c. The objective of the retail contracting is to take relevant retail space on or around MyCiTi stations and other facilities to market with a tender process that maximises financial return to MyCiTi / the City; within the constraints of regulations and policy; minimises administrative burden on the MyCiTi team. 2) Parking management a. The SM contractor may be requested to provide management services regarding parking in the areas where MyCiTi services are rendered, the exception of areas forming part of the current CBD managed parking areas. The purpose of this service is both to serve as a source of revenue and as a way to enhance security in the area around stations and stops. It is planned that members of the public making use of such parking will be required to use the contactless EMV smart cards, and consideration will be given to reduced long-term parking for such users. Within these areas, parking areas and kerbside parking that have specifically been identified by the City or by the SM contractor as parking spaces to be managed may be handed over in a phased process to the SM contractor for ongoing management and revenue collection. b. Prior to installation of parking management in a given area, the SM contractor or the City will conduct a feasibility study to determine whether parking management is feasible. This will include a public participation process to consult the members of the public affected by the proposal. c. Once it is agreed that parking areas will be managed by the SM contractor, parking marshals supplied by the SM contractor to manage parking areas must be provide parking management services for the agreed hours. 3) The context of this component of scope is described in the Background Document referred to in par 2, in the section on the SM contractor. 4) The activities to be undertaken by the Service Provider, regarding retail and / or parking management service, include: a. b. c. d. e. f. Conducting feasibility studies regarding retail opportunities on or around MyCiTi premises, or of parking management in any areas service by MyCiTi Developing the tender documents to procure tenants for use of retail opportunities, or to procure contractors to provide parking management services; Providing professional advice and assistance during tender evaluation, as required, during negotiations with preferred bidders, as authorised by the Bid Adjudication Committee (BAC) or another appropriate structure; Provide professional advice regarding relevant matters of a technical nature, including relevant technologies or systems, etc Assessing whether it is appropriate for the City to use the Public Private Partnership (PPP) mechanism to procure retail tenants, or to develop appropriate retail and other facilities on premises used by MyCiTi, or in the vicinity of such premises, or to provide parking management services as an alternative to these being provided by the SM contractor. If the use of such a mechanism is supported by the City, assist in identifying the appropriate opportunities, and in the drafting of the necessary documentation, and facilitation of the PPP process. Contract Part C3: Scope of Work Reference No. 205C/2011/12 110 C3.1 Scope of Work 5) Outputs include: a. b. c. d. Prospectus(es), setting out the specifications of the retail / parking management opportunities offered. Draft contract(s) / tender(s). Report(s) on the assessment of using PPP as a method of optimising retail opportunities / parking management service opportunities around MyCiTi premises, as indicated above. Draft further memos and reports as appropriate regarding the above activities. 10. Functional Area 5: Business Development – Ancillary support a) Peer review Estimated level of effort to set up the panel and to arrange peer review sessions: as described in Price Schedule. Provisional sum to cover the honorariums for the peer review panel members, as well as cover travel costs, accommodation and refreshments: R 1 000 000.00. 1) The activities to be undertaken by the Service Provider include: Assistance in establishment of Expert Panel to help provide oversight and advice to the project; Management of Expert Panel sessions; Procurement of travel logistics related to experts coming from outside the Cape Town area (e.g. flights, hotels, daily allowances). 2) The Service Provider shall assist the City of Cape Town in the development and organisation of an Expert Panel consisting of local and international professionals who will be able to provide strategic and technical insights into the structure of the project. The members of the Expert Panel will be chosen by City officials, and the panel members will represent a range of academic institutions, professional associations, and leading consultancies. 3) The Service Provider shall co-ordinate and procure the travel logistics for the Expert Panel members based outside of Cape Town. The travel logistics to be procured shall include airfare, hotel, and daily subsistence. For purposes of this tender, the Service Provider will assume the following origin points for the Expert Panel members from outside the Cape Town area: Trip origin Johannesburg, South Africa New York, USA Washington, USA London, UK Brisbane, Australia Delhi, India Sao Paulo, Brazil Quito, Ecuador Bogotá, Colombia Pereira, Colombia Number of persons 2 1 2 1 1 1 1 1 1 1 4) Additionally, the Service Provider will procure and administer the honorarium fee for each of the Expert Panel members. A provisional sum has been provided to cover the honorariums for the panel members. The Service Provider shall tender for all other costs by way of their time-based charge as set out in the Price Schedule. 5) For the purpose of the tender, the Service Provider should assume that the Expert Panel shall be convened eight times during the course of the project for Expert Panel members based in Cape Town. The Expert Panel shall be convened for two times during the course of the project for Expert Panel members not based in Cape Town. b) Legal advice Estimated level of effort: as described in Price Schedule. The activities relevant to the scope of work to be undertaken by the Service Provider include: Contract Part C3: Scope of Work Reference No. 205C/2011/12 111 C3.1 Scope of Work Legal opinions Drafting of terms and conditions of use of the MyCiTi system, and a range of similar documents Drafting of Bylaws and regulations as may be required Drafting of memos / submissions Drafting of correspondence c) Lessons learned in IRT / BRT Estimated level of effort: as described in Price Schedule. The activities to be undertaken by the Service Provider include: Conduct interviews / workshops with IRT staff and consultants to draw out lessons learned in the Cape Town IRT team regarding the Business Development, Industry Transition and Day-to-Day Operations components Conduct interviews / workshops with staff and consultants in similar projects elsewhere in South Africa to draw out lessons learned in the same areas Prepare a draft report for circulation and comment to interested parties Convene a cross-city forums where these lessons are presented by the Service Provider, shared / debated Finalise a report on lessons learned, with detailed recommendations on the issues falling within the scope of this tender. d) Advisory support to subsequent planning activities and Phase I implementation Estimated level of effort: as described in Price Schedule. The activities to be undertaken by the Service Provider include: Inputs to Infrastructure Design Plan Inputs to Phase 1B and 2 construction Inputs to Phase IB and 2 start-up. This tender is just one component in a suite of tenders to eventually deliver a new, high-quality public transport system for the City of Cape Town. In order to ensure the appropriate level of co-ordination between each piece of the planning process, the Service Provider could also be called upon to participate as an advisor in the subsequent planning work that follows this tender. A specific number of person-days are thus being mandated for the Service Provider to advise on the Infrastructure Design Plan, the Phase IB and 2 construction process, and the Phase 2 start-up period. 11. Functional Area 6: Industry transition – Strategy a) Transition strategy assistance Estimated level of effort: as described in Price Schedule. Transitioning the existing operators into the new business model is perhaps the greatest challenge to successfully implement the IRT. While the new business structure offers the promise for greater efficiencies, profitability, and employee satisfaction, there are considerable challenges to moving the industry towards the new model. The phasing, communications package, and incentive structures will all play a role in convincing the industry of the new model’s merits. There is a need to review the effectiveness of the strategy adopted for Phase 1A and assess its appropriateness for further phases of the project given the existing operators likely to be affected. The activities to be undertaken by the Service Provider include: Development of step-by-step strategy and planning for transitioning existing operators (i.e. scheduled bus operators, and the minibus taxi industry and any other industry stakeholders) to the new business model; Assessment of each of the issues listed below. Based on lessons learnt in Phase 1A, some of the key decisions to be made within the transition strategy include: Contract Part C3: Scope of Work Reference No. 205C/2011/12 112 C3.1 Scope of Work • What are the most appropriate mechanisms for engaging the minibus-taxi and bus industry and other affected industry stakeholders in a manner that produces a positive result for both the City and the industry? • To what extent will the new business model and previous business model co-exist (both spatially and temporally)? • How will communications with the industry be managed? • How will existing bus subsidies be affected? • What should the role of nation, city-wide bodies, mother bodies and other structures be in this Phase(s)? • How should the bus companies be treated with regard to VOC groupings? • How many VOCs are appropriate for this Phase(s)? • Reassessment of the compensation policy used in Phase 1A, and development of a revised compensation policy or alternative strategy. • How will existing licensing issues be addressed and integrated within this initiative? • How will the taxi recapitalisation programme be integrated with this initiative? • How will entrepreneurship be developed for operators taking compensation with the aim to build new business? Outputs (which could be combined or subdivided as directed by the Employer): • Transition Strategy reports will represent the principal plan for re-structuring the industry. The Transition Strategy will particularly require co-ordination with the Provincial Government, and will be reassessed as further milestones or sub-phases of Phases 1B and 2 are rolled out. • Assessment reports on the above or related issues. b) Memorandum of Understanding with industry Estimated level of effort: as described in Price Schedule. The activities to be undertaken by the Service Provider, as directed by the Employer, including support to the Employer, in the following regard: Cultivation of a rapport with industry officials in order to jointly craft the wording of Memoranda of Understanding (MOUs) for a whole phase or different sub-phases or milestones as appropriate Development of a model MOU document for City and Industry officials to review Assistance in organising agreements over MOU wording Launch of MOUs. As an initial step to engaging the minibus and bus industry and other affected operators (if any), a Memorandum of Understanding (MOU) can be an effective mechanism to create the basis for a shared vision between the City, the Provincial Government, and the affected industry. Some of the typical elements of an MOU would include the statement of common objectives between the City and the industry, such as: Statement of shared objective of service to the customer Development of priority infrastructure to improve operational efficiency (e.g. more exclusive lanes for operations) Target of improving operator profitability and market stability Intent to move more existing car users into public transport No loss of employment during transition. Once a set of shared objectives can be developed in a participatory manner, then there will be a greater chance of success in transitioning the industry towards the new business structure. Outputs: • MOU(s) • Launch(es) Contract Part C3: Scope of Work Reference No. 205C/2011/12 113 C3.1 Scope of Work 12. Functional Area 7: Industry transition – Capacitation of existing industry a) Facilitation and professional support Estimated level of effort: as described in Price Schedule. The activities to be undertaken by the Service Provider include: Establish a database of experienced and professional facilitators, legal advisors and business advisors available to render services to the VOCs. Information of professional listed in the database must include their charge out rates, qualifications, relevant experience, and availability. In consultation with the City and the affected association representatives, identify and select VOC Facilitators to manage the process of establishing vehicle operator companies, and facilitating the negotiations of the Vehicle Operator contracts. Contract the VOC Facilitators on terms acceptable to the Employer (the facilitators in turn shall be required to procure and contract the services of Legal advisors and Business advisors acceptable to the industry parties that they serve). Pay the facilitators’ invoices as approved by the Employer In consultation with the City, identify and select at least 8 (eight) Taxi Liaison Specialists who will provide day-to-day support and capacitation to the minibus-taxi industry Procure, manage, and administer the Taxi Liaison Specialists Provide in-depth training on BRT and market transformation for the Taxi Liaison Specialists Conduct audit of all minibus taxi operations in Cape Town, including association structures, substructures, employment figures, and individual positions Assist in the development of outreach materials and strategies Conduct workshop sessions for the minibus industry Engage all minibus taxi representatives on a one-on-one basis. The support and participation of the bus and minibus-taxi industry in the Cape Town Integrated Rapid Transit System is essential to the project’s development. For this reason, a full-time team will be dedicated to working closely with the industry on a day-to-day basis. This team will consist of Taxi Liaison Specialists working closely with the VOC Facilitators and City officials. The exact number of Taxi Liaison Specialists will be determined by consultations between the Service Provider and the City. The Taxi Liaison Specialists will possess extensive experience in the industry as well as the aptitude to successfully engage the industry with the new business model. The Service Provider is responsible to provide intensive training of the Taxi Liaison Specialists to ensure that they understand how the Bus Rapid Transit (BRT) concept can be successfully applied as a transition for the existing bus and minibus industries in Cape Town. This training will include knowledge of the technical nature of BRT, the business structure of BRT, and contract structures for the industry. During the appointment, the Taxi Liaison Specialists will largely be working on a full-time basis. The principal task of the Taxi Liaison Specialists is to facilitate the transformation of the existing operators into the new business model. The success of this work will be determined by the number of minibus associations that have agreed to enter the new formalised system. The Taxi Liaison Specialists will be chosen in a consultation between the Service Provider and the City. These individuals will possess significant previous experience in interacting with the minibus taxi industry in the Cape Town area, or will have worked directly with the minibus taxi industry. At least one-half of the Taxi Liaison Specialists should be fluent in the Xhosa language in addition to English. These individuals will possess excellent communications and interpersonal skills. These individuals must also possess good word processing skills and be able to draft quality written progress reports. Outputs • Sourcing of professionals as required for activities to be undertaken. • Fully trained Liaison Specialists b) Industry outreach materials Estimated level of effort: as described in Price Schedule. Contract Part C3: Scope of Work Reference No. 205C/2011/12 114 C3.1 Scope of Work The activities to be undertaken by the Service Provider include: • • • Determination of the form and language requirements of the outreach materials Development of the outreach material content. Video targeted to minibus taxi industry x 2 (one for the start of Phase 2, another to be produced 3 years later or as directed by the Employer) o Scripting of video targeted o Procurement of background music to video o Production of simulation video targeted to minibus taxi industry o Duplication of video x 1 000. An information package will be developed for the minibus and bus industry, which includes a range of distinct stakeholders, such as owners, directors, drivers, and other employees. Each stakeholder within the industry carries with him or her unique concerns and questions over a project of this type. Thus, the outreach materials must ideally be crafted to each stakeholders needs. Further, the form and type of outreach material must be appropriate to the audience. Many of the materials shall be produced in the Xhosa language. The form of the outreach materials may include flyers, talking points or Frequently Asked Questions (FAQs), and posters. Regarding the Video: Service Provider shall produce two videos describing the proposed system and providing a simulation of its operation. Each video will be 12 to 15 minutes in length. The Service Provider shall work closely with the City to develop a script for each video. The Service Provider shall then produce the full videos. c) Industry training workshops Estimated level of effort: as described in Price Schedule. The activities to be undertaken by the Service Provider may include, as directed by the Employer: Delivery of training and outreach courses to assist private scheduled bus companies (e.g. Golden Arrow Bus Services) make the transition to the new business structure Delivery of training and outreach courses to help the minibus taxi industry make the transition to the new business structure. Delivery of specialist training, post contracting, to hone the skills of staff and managers of the new bus companies. Formal workshops will conducted with each major audience. These workshops will initially begin the process of building trust with the industry and then proceed to build-up additional detail for the projects. Ideally, the bus and minibus industry will join the process as full partners who will contribute to the actual system design. Outputs • Facilitating workshops • Preparing material to be used for workshops • Identifying and booking suitable venues d) Study tour for operators Estimated level of effort: as described in Price Schedule. The activities to be undertaken by the Service Provider include: Assistance in the selection of 100 industry representatives for participation in up to 6 study tours Management and procurement of the logistical support to implementing the study tour (air flights, hotels, daily subsistence allowances, local support fees in the Cities to be visited, etc.) Assistance in the management of the actual study tours Assistance in the preparation of study tour summary reports. As has been the case in other successful BRT cities, it is useful to expose industry representatives to actual system examples prior to full project commitment. Such visits help to build the confidence required, and help in team and relationship building. However, if the City deems the selection process of participants to be too complicated, the City may request that the Study Tour involves officials and operators experienced in BRT systems visiting Cape Town. In this scenario, Contract Part C3: Scope of Work Reference No. 205C/2011/12 115 C3.1 Scope of Work the Service Provider shall manage and procure the logistical support of bringing such officials to Cape Town for capacity-building sessions with the local industry. A provisional sum is being provided to cover the travel-related costs of the Study Tour: R 10 000 000, including a 5% admin fee chargeable by the Service Provider. e) Workshops Estimated level of effort: as described in Price Schedule. The activities to be undertaken by the Service Provider include: Assistance in procuring suitable venues for week-long workshops for industry representatives Management and procurement of the logistical support to implementing the workshops (transport, accommodation, expert facilitators, team building events, etc.) Assistance in the management of the actual workshops Assistance in the preparation of workshop reports. 13. Functional area 8: Surveys and Data Management Estimated level of effort: as described in Price Schedule. Surveys • Design and undertake all public transport surveys • Other surveys to obtain relevant operator information to input into compensation and other financial models • Capturing of all surveyed data for analyses by internal staff The activities to be undertaken by the Service Provider include: • Recruitment of survey and capturing staff • Remuneration and transport provision for survey staff • Quality control mechanisms • Data storage facilities Outputs • Captured data in accepted and agreed to formats • Development of compensation and other financial models • Liaison with Regulatory entity wrt operating licence issues 14. Operational Support The IRT Operations Business Unit is responsible for the operation of the IRT services. The Business Unit is recruiting staff to undertake the necessary functions. Due to the specialised nature of the operations and increased workload in the lead-up to and immediately following the introduction of the various milestones of the IRT roll-out programme professional consulting services are required to provide specialist advice and support necessary for the successful introduction of these milestones. The intellectual capital, systems and experience developed in the initial milestone introductions needs to be carried forward into subsequent sub-phases and phases of IRT roll-out. The Business Unit covers four functional areas, discussed below, being: • Vehicle (Bus) Operations – see par 15; • Facilities Management – see par 16, • Client Services – see par 17; and • Business Unit Support. – see par 18. 15. Functional Area 9: Operational Support – Vehicle operations This includes the following main functions: (i) Management of the outsourced Vehicle Operator Contracts relating to the allocation, scheduling, staging and deployment of the fleet. Contract Part C3: Scope of Work Reference No. 205C/2011/12 116 C3.1 Scope of Work (ii) Management of the outsourced Vehicle Procurement and Maintenance Contracts with the Vehicle Manufacturers or Service Agent and supervising maintenance and repairs undertaken by the Vehicle Operator or other Service Providers and management of tools and equipment at Depots. (iii) Management of the Control Centre relating to the monitoring and management of fleet movements, CCTV surveillance of fleet and passenger movements, emergency radio communication and electronic display of passenger information. (iv) Training including Driver Training, Product Training and Driver Improvement Training. The activities to be undertaken by the service provider include: a) Providing specialist advice and support on public transport operations Estimated level of effort: as described in Price Schedule. • • • • • • • • Scheduling and timetables Service notices Vehicle procurement Vehicle maintenance and repair Driver and product training Vehicle licensing and roadworthying Operator permits Training of contractors in bus maintenance Outputs Reports Advisory assistance b) Event services Estimated level of effort: as described in Price Schedule. Providing support in the development and management of event services and communication. Outputs IRT resourcing plans for events Costing and Quotations Service notices for contractors Event communication notices Service co-ordination and monitoring Advisory assistance c) Surveys and Monitoring Estimated level of effort: as described in Price Schedule. • • Design, undertake and analyse public transport surveys relating to passenger and vehicle movements. Design undertake and analyse monitoring programmes relating to key performance indicators and contract compliance. Outputs Reports Advisory assistance d) Training Estimated level of effort: as described in Price Schedule. To provide advice and support to ensure appropriate training material is developed for application by the Vehicle Operating Companies and other role-players to ensure a high professional standard of service is provided to customers. Contract Part C3: Scope of Work Reference No. 205C/2011/12 117 C3.1 Scope of Work Outputs Reports Training Manuals Advisory assistance 16. Functional Area 10: Operational Support – Facilities management This includes the following main functions: (i) Management of the outsourced Station Management Contracts relating to Station Operations, Station Parking, Horticulture, Maintenance and Cleaning of Stations, CCTV Surveillance Systems, Station Parking, Stops, Bus Lanes and associated Cycle Lanes, Lighting, Fencing, Signage and Markings and display of Passenger Information including electronic display systems. (ii) Management and Maintenance of the Fixed Assets relating to Facilities including, Stations, Depots, Staging Areas, CCTV Surveillance Systems, Station Parking, Stops, Bus Lanes and associated Cycle Lanes, Lighting, Fencing, Signage and Passenger Information Systems and Displays. The activities to be undertaken by the service provider include: a) Providing specialist support relating to the management and maintenance on public transport facilities Estimated level of effort: as described in Price Schedule. • • • • Stations, station parking, stops and bus lanes CCTV Surveillance Passenger Information Displays Lighting, Fencing, Signage and Markings Depots Staging areas Cycle Lanes Landscaping Outputs Reports Maintenance Manuals Advisory assistance 17. Functional Area 11: Operational Support – Client services This includes the following main functions: (i) Responding to and analysing passenger complaints. (ii) Designing, producing and displaying passenger information and notices. (iii) Developing and implementing new communication technologies (iv) Establishing and running stakeholder groups relating to existing and potential users, industry roleplayers, interested and affected parties and government. The activities to be undertaken by the service provider include: a) Client Services and Passenger Information Estimated level of effort: as described in Price Schedule. The activities to be undertaken by the Service Provider include: • • Provide advice and support in responding to and analysing customer complaints. Provide advice and support in designing passenger information displays for routes, fares, timetables and displays. • Provide advice and support and develop systems for communicating passenger through various media eg mobile media. Contract C3.1 118 Part C3: Scope of Work Scope of Work Reference No. 205C/2011/12 • • Printing and placing of passenger displays on buses and at the IRT stations stops and other places as required. These activities could include, as directed by the Employer: o Development of system routing map options o Production of samples of final Phase I and full system routing maps o Development of concept for local area maps at Phase I stations o Production of samples of local area maps for Phase I stations o Development of signage options for vehicles, stations and terminals o Production of samples of vehicle, station and terminal signage o Development of concept for station and vehicle audio announcements o Production of samples of station and vehicle audio announcements. Visual and audio information are one of the principal means by which the new system will interact with the customers. The clarity and legibility of this information will greatly affect the system’s usability. Ultimately, the final form of this informational infrastructure will be delivered within the separate Infrastructure Design tender. However, the initial development of this material will be formulated by marketing specialists who will provide a sample design from a customer-oriented perspective. The Service Provider shall first provide at least five different options each for routing maps, local area maps at stations, vehicle and station signage (entry, exit, fare instructions, etc.), and station and vehicle audio announcements. The Service Provider shall then work with the City to recommend a final form of this visual and audio information. Outputs • • • • • Response to complaints Customer complaint reports. Display of Passenger information New media for communicating passenger information Advisory assistance b) Stakeholder Structures Estimated level of effort: as described in Price Schedule. • • To provide advice and support in establishing and running stakeholder groups relating to existing and potential users, industry role-players, interested and affected parties and government Provide support in responding to and analysing stakeholder queries. Outputs Functioning stakeholder groups Stakeholder databases Reports, record keeping and minutes. 18. Functional Area 12: Operational / Business Development Support – Business Unit Business Unit Support includes the following main functions: (i) Management of the outsourced Fare Management Contract relating to Smart Card provision, Distribution, Pin activation. Loading value, Fault testing. Card replacement, fare collection, card validation, access control and transactional data downloading. (ii) Setting up and maintaining data management systems, analysing data and trends, measuring Key Performance Indicators. (iii) Develop and maintain the Service Charter and MyCiTi rules. (iv) Identification, evaluation and assessment of risks and development and maintenance of risk management plans. (v) Develop and maintain Health and Safety Plans and reporting systems. (vi) Develop and maintain Security and Inspector requirements and co-ordinate and integrate with other Security and Traffic Service sectors. (vii) Business development support. (viii) Develop and maintain contracts and service level agreements. Contract Part C3: Scope of Work Reference No. 205C/2011/12 119 C3.1 Scope of Work (ix) Contract Administration. The activities to be undertaken by the service provider include: a) Setting up systems and processes for the IRT operations Estimated level of effort: as described in Price Schedule. The setting up of systems and processes to ensure sound data management processes and procedures are in place to effectively manage IRT operations from a contractual, business and efficiency perspective. • • • • • • • • Outputs Contractual monitoring of both the operator and supplier contracts. Gathering System Information to enable appropriate modeling review of the interim service to be undertaken. This will include the refinement of timetables required for the start-up and economical continuation of the interim service (ie. passenger demand analysis). Setting up systems for the monitoring and reporting on the functioning of the routes, stations and depots (facilities). Analysing data to support the modeling processes. Analysing data to ensure that service providers meet the requirements laid out in their contracts and service level agreements so that appropriate authorisation of payment can occur. Assisting in developing the systems and procedures required for fare management at IRT stations and on IRT buses. Developing and implementing work processes and protocols as well as resourcing and deployment plans for IRT operations functions. Ad Hoc assistance as required. Develop and maintain standard operating procedures and work process manuals. Develop and maintain contract monitoring and data management systems. Develop and maintain resourcing and deployment plans for IRT Operations functions Advisory assistance b) IRT Operations: Organisation plan development, facilitation, coordination and integration. Estimated level of effort: as described in Price Schedule. The development of an operations business plan to support the role out of the future IRT phases. • • This would include the facilitation of business processes and development of key performance indicators. The integration and coordination across internal and external sections and departments. Outputs Business Plans Advisory assistance c) Health and Safety Provide advice and support on Health and Safety relating to operations • • Providing Health and Safety oversight and compliance according to legislation and best practice. Advice on safety related signage Outputs Reports Health and Safety Manuals Advisory assistance Contract Part C3: Scope of Work Reference No. 205C/2011/12 120 C3.1 Scope of Work d) Safety and Security Estimated level of effort: as described in Price Schedule. Providing advice and support to ensure the safety of IRT passengers and the security of IRT assets. Outputs Reports Safety and Security Plans Safety and Security Manuals Advisory assistance e) Inspection services Estimated level of effort: as described in Price Schedule. • Design and analyse public transport ticket inspection services, or improvements required regarding ticket inspections and compliance Outputs Reports Advisory assistance f) Contract administration Estimated level of effort: as described in Price Schedule. • Providing advice and support relating to contract interpretation, certification of payments and the issuing of penalties. Outputs Reports Advisory assistance g) Quality management Estimated level of effort: as described in Price Schedule. • • Certification and auditing compliance to be ISO registered. Assessment and maintenance Outputs Quality management system Quality Reports Advisory assistance 19. Project milestones, timeline and responsibility The tenderer shall submit a provisional schedule for completion of each major project deliverable as part of the tender. If more than one entity is involved in the tender, the tender shall indicate which entity will be responsible for which functional area, function or activity, and such entity shall confirm acceptance of such responsibility In addition, the provisions of par 5 g) shall apply. 20. Reporting requirements Contract Part C3: Scope of Work Reference No. 205C/2011/12 121 C3.1 Scope of Work Each of the expected outputs shall be presented by way of a report, a memo, a contract document, a prospectus or presentation, as stipulated above. Final reports shall be submitted in both hard copy and electronic forms. It is anticipated that 20 hard copies of each report will be required. If mutually agreed upon by both the City of Cape Town and the Service Provider, the “draft plans” may be a PowerPoint presentation rather than a fully written report. The Service Provider shall also be required to be available for regular report back sessions with staff of the City of Cape Town and must make allowance for at least bi-weekly meetings with the employer throughout all phases of this project, focusing on the functional areas, functions or activities active at the time. 21. Procurement a) Preference for HDI Equity Ownership 1) The Employer applies and promotes the principles of preferential procurement. 2) In terms of the Employer’s current Procurement Policy Initiative, this contract has been identified as a Professional Services Contract targeting enterprises with equity ownership by Historically Disadvantaged Individuals (HDIs) performing as prime contractors (including joint venture partnerships tendering in the capacity of prime contractors). The Service Provider shall claim tender evaluation points for preference by completing the preferencing schedule, Schedule 175, Part 2.2: Returnable Schedules. The Employer will verify if any discrepancy exists. The employer shall use the percentage given on the Western Cape Supplier Database (WCSD) to calculate the number of preference points achieved by the tenderer. Where the entity tendering is a joint venture, the percentage HDI ownership of each party will be combined in proportion to the percentage contribution of each party to the joint venture in order to determine the HDI status of the joint venture itself. 3) A Service Provider who claims a preference in this regard shall maintain an HDI equity ownership of not less than that upon which the preference was based at tender stage, for the duration of the contract. b) Sanctions Relating to Breaches of Preferencing Conditions Where a Service Provider is found guilty of misrepresenting any facts in respect of ownership, either in a tender submission, or on the Western Cape Supplier Database, in order to effect the outcome of a tender, either before or after the award of a contract, then that Service Provider shall be blacklisted for a period of 12 months. The effect of such blacklisting is that no further work will be awarded to the Service Provider for the duration of the blacklisting. Furthermore sanctions as provided for in Schedule 19, Part T2.2: Returnable Schedules will be applied. 22. Format of communication All requests for formal approval from the Employer, or any other body, shall be submitted in writing in hardcopy format. Interim payment claims shall be submitted in the same format, accompanied by an original tax invoice. Ad-hoc communication between the Employer and the Service Provider may be conducted per facsimile or in electronic format (e-mail). 23. Key personnel 1) The Service Provider shall maintain the involvement of the following key personnel as the exigencies of this contract require: a) A Team Leader who has at least 7 (seven) years experience with major infrastructure initiatives or operation of a major business from the perspective of project management or transport planning or transport engineering or capital financing. b) A Senior Business Strategist who has an advanced business degree or is a professional transport planner or a professional transport engineer with at least 5 (five) years verifiable post graduate experience in the planning and implementation of major operational business initiatives. Preference will be given to experience in a public transport environment and especially in a BRT or other technologically advanced public transport environment. Contract Part C3: Scope of Work Reference No. 205C/2011/12 122 C3.1 Scope of Work c) A BRT Business Strategist who is a management consultant or a professional transport planner or professional transport engineer with direct international experience involving the development of the business structure for “full Bus Rapid Transit (BRT)” systems. A “full BRT” system shall be considered any of the following city projects with BRT: Brisbane, Ottawa, Eugene, Los Angeles (Orange Line), Mexico City, León, Guatemala City, Bogotá, Pereira, Quito, Guayaquil, Goiania, Sao Paulo, Curitiba, Rouen, Dar es Salaam, Jakarta, Seoul, and Johannesburg. The consultant will have been the principal advisor in devising the business structure for one of these “full BRT” systems. d) A BRT Institutional Specialist who is a management consultant or a professional transport planner or a professional transport engineer with direct national or international experience involving the development of a Public Transport Authority / or BRT Management Agency. The BRT Institutional Specialist must possess experience in leading the creation of a BRT Management Agency for a “full BRT” system (with “full BRT” being defined above in the description of the “BRT Business Strategist”), or must possess at least 5 years experience in managing a Public Transport Authority. e) A BRT Contract Specialist who is a management consultant or a lawyer or a professional transport planner or professional transport engineer with direct national or international experience involving the development of Operator Contracts for “full Bus Rapid Transit (BRT)” systems (with “full BRT” being defined above in the description of the “BRT Business Strategist”). The consultant will have been a principal member of the team that developed the Operator Contracts for one of these “full BRT” systems. f) A Legal Specialist who is professionally registered and has at least 10 (ten) years experience in establishing public companies and/or public administrative entities; and has at least 5 (five) years experience in the law related to public transport (this individual must demonstrate exposure and work on a wide range of legal issues relevant to public transport) or the Lawyer must have participated in at least 3 (three) projects involving the development of the institutional structure of public companies and/or public administrative entities. This individual must also possess actual experience in developing contracts between public sector organisations and private entities. Preference will be given to experience in a public transport environment, and especially in a BRT environment or other technologically advanced public transport environment. g) A BRT Planning Specialist who is a professional planner, financial modeller or engineer with at least 5 (five) years experience in cost modelling of business operations and 3 (three) years experience in transport modelling and operational cost modelling of “full Bus Rapid Transit (BRT)” systems (with “full BRT” being defined above in the description of the “BRT Business Strategist”). h) A Financing Specialist who has at least 10 (ten) years experience in formulating financing strategies for major public sector infrastructure and operations projects, and of engaging at a level of top management with relevant national government departments. Preference will be given to experience in a public transport environment, and in local government financing (involving both national policy and municipal financing for of a metropolitan government). i) A CDM Specialist who has a university degree in transport planning, transport engineering, or environmental sciences. The CDM Specialist must also have previously prepared or submitted a Clean Development Mechanism (CDM) application to the UNFCCC for a climate change mitigation project, or have participated in at least 2 (two) initiatives directly involving transport and greenhouse gas emission reductions. j) A Specialist in securing advertising on quality infrastructure, with at least 5 (five) years experience in contracting media owners for major corporate or government clients. Preference will be given to experience in a public transport environment. k) An AFC Specialist who has a relevant university degree, and at least 8 years experience in information technology or public transport, and at least 3 years management or consultancy experience of installing and / or managing electronic fare and / or access control systems. Preference will be given to experience in a public transport environment, especially in a BRT or other technologically advanced public transport environment. l) An Control Centre Specialist who has a relevant university degree, and at least 3 years management or consultancy experience of installing and / or managing large central vehicle control systems and / of large CCTV surveillance systems. Preference will be given to experience in a public transport environment, and especially in a BRT or other technologically advanced public transport environment. Contract Part C3: Scope of Work Reference No. 205C/2011/12 123 C3.1 Scope of Work m) A Public Transport Operations Specialist who has a university degree in transport logistics, transport engineering or transport planning or other similar qualification with at least 10 years relevant operational experience with a proven track record. Preference will be given to experience in a BRT or other technologically advanced public transport environment. n) A Facility Management Specialist who has a university degree in a Facility Management related field with at least 10 years relevant experience with a proven track record. Preference will be given to experience in a public transport environment, and especially in a BRT or other technologically advanced public transport environment. o) A Client Services Specialist who has a university degree in Communication and Marketing related field with at least 10 years relevant experience with a proven track record. Preference will be given to experience in a public transport environment, and especially in a BRT or other technologically advanced public transport environment. p) A Health and Safety Specialist who has an appropriate university degree and registration with at least 10 years relevant experience with a proven track record. Preference will be given to experience in a public transport environment, and especially in a BRT or other technologically advanced public transport environment. q) Training Specialist who has a university degree in a Training or Education related field with at least 10 years relevant experience with a proven track record. Preference will be given to experience in a public transport environment. r) A Data Management Specialist who has a university degree in an Information Technology / Knowledge Management related field with at least 10 years relevant experience with a proven track record. Preference will be given to experience in a public transport environment, and especially in a BRT or other technologically advanced public transport environment. s) A Security Specialist who has a university degree or diploma in a Security related field with at least 10 years relevant experience with a proven track record. Preference will be given to experience in a public transport environment, and especially in a BRT or other technologically advanced public transport environment. t) Contract Administration Specialist who has a university degree in an Engineering, Legal or Contract Administration related field with at least 10 years relevant experience with a proven track record. Preference will be given to experience in a public transport environment, and especially in a BRT or other technologically advanced public transport environment. u) A Quality Management Specialist who has a university degree in a Quality Management related field with at least 10 years relevant experience with a proven track record. Preference will be given to experience in a public transport environment, and especially in a BRT or other technologically advanced public transport environment. v) A Bus Procurement and Maintenance Specialist who is a qualified diesel mechanic with at least 10 years experience in bus procurement and maintenance as well as extensive experience in the preparation of tender specifications and maintenance agreements with a proven track record. Preference will be given to experience in a public transport environment, as well as candidates with experience in working with vehicles with alternative fuels, or with electric or hybrid-electric technology. w) A Ticket Inspection / Access Control Specialist with at least 10 years experience in a public transport environment of which at least 5 years are regarding the management of systems of ticket inspection in large public transport environments using inspectors or equivalent mechanism. Preference will be given to experience in a BRT or other technologically advanced public transport environment, and to experience in using technologically advanced tools in assisting with inspection / access control. 2) Notwithstanding the fact that the wording above indicates that a single person is required to meet all the requirements for the relevant “key personnel”, the Service Provider shall be free to supply more than one key personnel who in combination will meet the requirements above. 3) Should it become necessary to replace any of the key personnel listed at the time of tender during the course of this contract, they may only be replaced by individuals with similar or better qualifications and experience, who satisfy the minimum requirements and then only with the approval of the Employer. Contract Part C3: Scope of Work Reference No. 205C/2011/12 124 C3.1 Scope of Work 4) In order to be considered for an appointment in terms of this tender, the tenderer must have the key personnel 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. 5) Unless otherwise indicated below different individuals must be identified for each of the key personnel listed above and on Schedule 8. 6) The Service Provider shall maintain the involvement of key personnel as the exigencies of this contract require. 7) Key personal where professional registration with their respective professional councils and bodies is available and appropriate should be registered. The Curriculum Vitae of all key personnel (including sub-contractors), must be submitted with the tender submission, appended to Schedule 8. 8) Key personnel will be expected to operate out of the local office, as the exigencies of this project require, unless the Employer agrees in writing regarding an individual who is part of the key personnel. 24. Management meetings Other than attendance at at-least bi-weekly meetings once the planning contract is let, there are no requirements for a regular management meeting in respect of this project. The Service Provider shall however convene management meetings on an ad-hoc basis as and when necessary, and when called upon to do so by the Employer. The Service Provider shall be represented at these meetings by at-least one of the key personnel. 25. Claims for payment The Service Provider may submit interim claims for payment (invoices) as the work in terms of this contract progresses, but not more frequently than at monthly intervals. All interim claims must be accompanied by an original tax invoice. Payment will be as stated in the Contract. Interim payments will be commensurate with the work done in respect of each of the activities listed in the Pricing Schedule. 26. Employers right to recover costs The Employer reserves the right to recover, by way of a deduction from any amount due to the Service Provider, any additional cost which the Employer incurs arising out of non-performance of the Service Provide Contract Part C3: Scope of Work Reference No. 205C/2011/12 125 C3.1 Scope of Work Part C4: Background Information Page C4.1 CIDB Standard Professional Service Contract ........................ 127 C4.2 Background Document Contract Part C4: Site Information Reference no. 205C/2011/12 145 126 C4 Site Information STANDARD PROFESSIONAL SERVICES CONTRACT (July 2009) (Third Edition of CIDB document 1014) Construction Industry Development Board Pretoria Tel: 012 343 7136 or 012 481 9030 Fax: 012 343 7153 E-mail: cidb@cidb.org.za July, 2009: Edition 3 of CIDB document 1015 Standard Professional Services Contract PREFACE The Standard Professional Services Contract has been prepared for use by Employers when they engage firms or individuals (Service Providers) for the performance of knowledge-based expertise provided on the basis of trust. This document is intended to be used with the procurement documents prepared in accordance with the provisions of SANS 10403: Formatting and Compilation of Construction Procurement Documents July, 2009: Edition 3 of CIDB document 1015 Standard Professional Services Contract TABLE OF CONTENTS PAGE 1. Definitions 1 2. Interpretation 2 3. General 2 3.1 Governing law 3.2 Change in legislation 3.3 Language 3.4 Notices 3.5 Location 3.6 Publicity and publication 3.7 Confidentiality 3.8 Variations 3.9 Changes to the Contract Price or Period of Performance 3.10 Sole agreement 3.11 Indemnification 3.12 Penalty 3.13 Equipment and materials furnished by the Employer 3.14 Illegal and impossible requirements 3.15 Programme 3.16 Price adjustment to time–based fees for inflation 2 2 3 3 3 3 3 3 4 4 4 4 5 5 5 5 Employer’s Obligations 6 4.1 4.2 4.3 4.4 4.5 4.6 4.7 6 6 6 6 6 7 7 4. 5. 6. 7. 8. Information Decisions Assistance Services of Others Notification of material change or defect Issue of instructions Payment of Service Provider Service Provider’s Obligations 7 5.1 5.2 5.3 5.4 5.5 5.6 5.7 7 7 7 7 7 8 8 General Exercise of authority Designated representative Insurances to be taken out by the Service Provider Service Provider’s actions requiring Employer’s prior approval Co-operation with Others Notice of change by Service Provider Conflicts of Interest 8 6.1 Service Provider not to benefit from commissions, discounts, etc. 6.2 Royalties and the like 6.3 Independence 8 8 8 Service Provider’s Personnel 8 7.1 General 7.2 Provision of Personnel in terms of a Personnel Schedule 8 9 Commencement, Completion, Modification, Suspension and Termination 9 8.1 Commencement of Services 9 July, 2009: Edition 3 of CIDB document 1015 Standard Professional Services Contract 8.2 8.3 8.4 8.5 8.6 Completion Force Majeure Termination Suspension Rights and liabilities of the Parties 9 10 10 11 11 9. Ownership of Documents and Copyright 11 10. Succession and assignment 11 11. Subcontracting 12 12. Resolution of Disputes 12 12.1 Settlement 12.2 Mediation 12.3 Adjudication 12.3 Arbitration 12 13 13 13 Liability 14 13.1 Liability of the Service Provider 13.2 Liability of the Employer 13.3 Compensation 13.4 Duration of Liability 13.5 Limit of Compensation 13.6 Indemnity by the Employer 13.7 Exceptions 14 14 14 14 14 15 15 14. Remuneration and reimbursement of Service Provider 15 15 Amounts due to the Employer 16 13. Personnel schedule 17 Contract Data 18 Form of Offer and Acceptance 22 July, 2009: Edition 3 of CIDB document 1015 Standard Professional Services Contract GENERAL CONDITIONS OF CONTRACT 1. DEFINITIONS In the Contract, the following words and expressions shall have the meanings indicated, except where the context otherwise requires. Defined terms and words are signified in the text of the Contract by the use of capital initial letters. Contract The Contract signed by the Parties and of which these General Conditions of Contract form part. Contract Data Specific data, which together with these General Conditions of Contract, collectively describe the risks, liabilities and obligations of the contracting Parties and the procedures for the administration of the Contract. Contract Price The price to be paid for the performance of the Services in accordance with the Pricing Data. Day A calendar day. Defect A part of the Services, as performed, which does not comply with the requirements of the Contract. Deliverable Any measurable, tangible, verifiable outcome, result or item that must be produced or completed; Employer The contracting party named in the Contract who employs the Service Provider. Force Majeure An event which is beyond the reasonable control of a Party and which makes a Party’s performance of its obligations under the Contract impossible or so impractical as to be considered impossible under the circumstances. Key Persons Persons who are named as such in the Contract Data who will be engaged in the performance of the Services. Others Persons or organisations who are not the Employer, the Service Provider or any employee, Subcontractor, or supplier of the Service Provider. Parties The Employer and the Service Provider. Period of Performance The period within which the Services are to be performed and completed, commencing from the Start Date. July 2009: Edition 3 of CIDB document 1015 -1- Standard Professional Services Contract Personnel Persons hired by the Service Provider as employees and assigned to the performance of the Services or any part thereof. Personnel Schedule A schedule naming all Personnel and Key Persons. Pricing Data Data that establishes the criteria and assumptions that were taken into account when developing the Contract Price and the record of the components that make up the Contract Price. Project The project named in the Contract Data for which the Services are to be provided. Scope of Work The document which defines the Employer’s objectives and requirements and specifies the Services which must, or may, be provided under the Contract. Service Provider The contracting party named in the Contract Data who is employed by the Employer to perform the Services described in the Contract, and legal successors to the Service Provider and legally permitted assignees. Services The work to be performed by the Service Provider pursuant to the Contract as described in the Scope of Work. Start date The date on which the Services are to commence. as stated in the Contract Data Subcontractor A person or body corporate who enters into a subcontract with the Service Provider to perform part of the Services. 2. INTERPRETATION 2.1 Unless inconsistent with the context, an expression which denotes : a) any gender includes the other genders; b) a natural person includes a juristic person and vice versa; c) the singular includes the plural and vice versa. 2.2 If there is any conflict between the provisions of these General Conditions of Contract and the Contract Data, the provisions of the Contract Data shall prevail. 2.3 The clause headings shall not limit, alter or affect the meaning of the Contract. 3. GENERAL 3.1 Governing law Law governing the Contract shall be the law of the Republic of South Africa. 3.2 Change in legislation If after the commencement of the Contract, the cost or duration of the Services is altered as a result of changes in, or additions to, any statute, regulation or bye-law, or the requirements of any authority having jurisdiction over any matter in respect of the Project, then the Contract July 2009: Edition 3 of CIDB document 1015 -2- Standard Professional Services Contract Price and time for completion shall be adjusted in order to reflect the impact of those changes, provided that, within 14 Days of first having become aware of the change, the Service Provider furnished the Employer with detailed justification for the adjustment to the Contract Price or Period of Performance (or both).. 3.3 Language 3.3.1 The language of the Contract and of all communications between the Parties shall be English. 3.3.2 All reports, recommendations and reports prepared by the Service Provider under the Contract shall be in English. 3.4 Notices 3.4.1 Any notice, request, consent, approvals or other communication made between the Parties pursuant to the Contract shall be in writing and forwarded to the address specified in the Contract Data. Such communication shall be deemed to have been made when delivered in person to an authorized representative of the Party to whom the communication is addressed, or one week after having been sent by registered post, or unless otherwise indicated in the Contract Data, when sent by e-mail or facsimile to such Party 3.4.2 A Party may change its address for receipt of communications by giving the other Party 30 Days advance notice of such change. 3.5 Location The Services shall be performed at such locations as are specified in the Contract Data, and where the location of a particular task is not so specified, at such locations as the Employer may approve. 3.6 Publicity and publication Unless otherwise stated in the Contract Data, the Service Provider shall not release public or media statements or publish material related to the Services or Project within two (2) years of completion of the Services without the written approval of the Employer, which approval by the Employer shall not be unreasonably withheld. 3.7 Confidentiality Both parties shall keep all sensitive information obtained by them in the context of the Contract confidential and shall not divulge it without the written approval of the other Party. 3.8 Variations 3.8.1 The Employer may, without changing the objectives or fundamental scope of the Contract, order variations to the Services in writing or may request the Service Provider to submit proposals, including the time and cost implications, for variations to the Services. 3.8.2 The reasonable cost of preparation and submission of such proposals and the incorporation into the Contract of any variations to the Services ordered by the Employer, including any change in the Contract Price, shall be agreed between the Service Provider and the Employer. 3.8.3 Where a variation is necessitated by default or breach of Contract by the Service Provider, any additional cost attributable to such variation shall be borne by the Service Provider. July 2009: Edition 3 of CIDB document 1015 -3- Standard Professional Services Contract 3.9 Changes to the Contract Price or Period of Performance 3.9.1 The Service Provider is entitled to apply to the Employer for a change in Contract Price or the Period of Performance in the event that: a) b) c) d) e) f) a change in legislation takes place in accordance with the provisions of Clause 3.2; a variation to the Services is made in accordance with the provisions of Clause 3.8; the Employer or Others do not perform an action, provide access to people, places or things or perform work in accordance with the programme (see Clause 3.15); the contract is suspended in accordance with the provisions of Clause 8.5; the contract is restarted following a suspension; or an event occurs which neither Party could prevent and which prevents the Service Provider from completing the Services or a part thereof 3.9.2 The Service Provider shall submit proposals to change the Contract Price or the Period for Completion (or both) to the Employer within 6 weeks of becoming aware of an event described in 3.9.1 occurring, failing which, the Service Provider shall not be entitled to a change in the Contract Price or Period of Performance. 3.9.3 The Employer shall assess the changes to the Contract Price on the effect of the event on the Services based on time-based fees. 3.9.4 The Employer shall assess the changes to the Period of Performance on the basis of the time that planned completion as shown on the latest approved programme is delayed. 3.10 Sole agreement The Contract constitutes the sole agreement between the Parties for the performance of the Services and any representation not contained therein shall not be of any force or effect. No amendments will be of any force or effect unless reduced to writing and signed by both Parties. 3.11 Indemnification The Service Provider shall, at his own expense, indemnify, protect and defend the Employer, its agents and employees, from and against all actions, claims, losses and damage arising from any negligent act or omission by the Service Provider in the performance of the Services, including any violation of legal provisions, or rights of others, in respect of patents, trade marks and other forms of intellectual property such as copyrights. 3.12 Penalty 3.12.1 If due to his negligence, or for reasons within his control, the Service Provider does not perform the Services within the Period of Performance, the Employer shall without prejudice to his other remedies under the Contract or in law, be entitled to levy a penalty for every Day or part thereof, which shall elapse between the end of the period specified for performance, or an extended Period of Performance, and the actual date of completion, at the rate and up to the maximum amount stated in the Contract Data. 3.12.2 If the Employer has become entitled to the maximum penalty amount referred to in 3.12.1, he may after giving notice to the Service Provider : a) b) terminate the Contract complete the Services at the Service Provider’s cost. July 2009: Edition 3 of CIDB document 1015 -4- Standard Professional Services Contract 3.13 Equipment and materials furnished by the Employer 3.13.1 Equipment and materials made available to the Service Provider by the Employer, or purchased by the Service Provider with funds provided by the Employer for the performance of the Services shall be the property of the Employer and shall be marked accordingly. Upon termination or expiration of the Contract, the Service Provider shall make available to the Employer an inventory of such equipment and materials and shall dispose of them in accordance with the Employer’s instructions. 3.13.2 The Service Provider shall, at his own expense, insure the equipment and materials referred to in 3.13.1 for their full replacement value. 3.14 Illegal and impossible requirements The Service Provider shall notify the Employer immediately, on becoming aware that the Contract requires him to undertake anything which is illegal or impossible. 3.15 Programme 3.15.1 The Service Provider shall, within the time period set out in the Contract Data and whenever a programme is amended or revised, submit for the Employer’s approval a programme for the performance of the Services which shall, inter alia, include: a) b) c) d) e) the order and timing of operations by the Service Provider and any actions, access to people, places and things and work required of the Employer and Others; the dates by which the Service Provider plans to complete work needed to allow the Employer and Others to undertake work required of them; provisions for float; the planned completion of the Services or part thereof in relation to a Period of Performance; and other information as required in terms of the Scope of Work or Contract Data. 3.15.2 The Employer may, during the course of the Contract, request the Service Provider to amend the programme. Where this is not practicable, the Service Provider shall advise the Employer accordingly and advise him of alternative measures, if any, which might be taken. 3.15.3 A programme shall be deemed to be approved if the Employer fails to approve such programme or give reasons for not approving a programme within three weeks of receipt of a request by the Service Provider to approve a programme. 3.15.3 The Service Provider shall update the programme: a) b) c) unless otherwise stated in the Contract Data, every three months to reflect actual progress to date; whenever a change in Period of Performance or Contract Price is applied for; and whenever a change in the Period of Performance is changed by the Employer and submit such revised programme to the Employer for approval. 3.16 Price adjustment to time-based fees for inflation 3.16.1 Time-based fees which are stated in the Pricing Data as a unique rate and are not calculated by multiplying the total annual cost of employment contained, shall unless otherwise stated in the Contract Data, be adjusted in terms of 3.16.2 on each anniversary of the Starting Date. 3.16.2 The adjustment to the time-based fees shall be equal to: July 2009: Edition 3 of CIDB document 1015 -5- Standard Professional Services Contract (CPIn - CPIs) / CPIs where CPIs = CPIn the indices specified in the Contract Data during the month in which the start date falls = the latest indices specified in Contract Data during the month in which the anniversary of the Start Date falls 4. EMPLOYER’S OBLIGATIONS 4.1 Information 4.1.1 The Employer shall timeously provide to the Service Provider, free of cost, all available information and data in the Employer’s possession which may be required for the performance of the Services. 4.1.2 The Employer shall provide the Service Provider with reasonable assistance required in obtaining other relevant information that the latter may require in order to perform the Services. 4.2 Decisions The Employer shall, within a reasonable time, give his decision on any matter properly referred to him in writing by the Service Provider so as not to delay the performance of Services. 4.3 Assistance 4.3.1 The Employer shall co-operate with the Service Provider and shall not interfere with or obstruct the proper performance of the Services. The Employer shall as soon as practicable: a) b) c) d) authorise the Service Provider to act as his agent insofar as may be necessary for the performance of the Services; provide all relevant data, information, reports, correspondence and the like, which become available; procure the Service Provider’s ready access to premises, or sites, necessary for the performance of the Services; assist in the obtaining of all approvals, licenses and permits from state, regional and municipal authorities having jurisdiction over the Project, unless otherwise stated in the Contract Data; 4.3.2 Unless otherwise communicated, the authorised and designated person named in the Contract Data has complete authority in giving instructions and receiving communications on the Employer’s behalf and interpreting and defining the Employer’s policies and requirements in regard to the Services. 4.4 Services of Others The Employer shall, at his own cost, engage such Others as may be required for the execution of work not included in the Services, but which is necessary for the completion of the Project. 4.5 Notification of material change or defect The Employer shall immediately advise the Service Provider on becoming aware of: a) b) any matter other than a change in legislation which will materially change, or has changed the Services; or a material defect or deficiency in the Services. July 2009: Edition 3 of CIDB document 1015 -6- Standard Professional Services Contract 4.6 Issue of instructions Where the Service Provider is required to administer the work or services of Others, or any contract or agreement, on behalf of the Employer, then the Employer shall issue instructions related to such work, services, contract or agreement only through the Service Provider. 4.7 Payment of Service Provider The Employer shall pay the Service Provider the Contract Price in accordance with the provisions of the Contract. 5. SERVICE PROVIDER’S OBLIGATIONS 5.1 General 5.1.1 The Service Provider shall perform the Services in accordance with the Scope of Work with all reasonable care, diligence and skill in accordance with generally accepted professional techniques and standards. 5.1.2 If the Service Provider is a joint venture or consortium of two or more persons, the Service Provider shall designate one person to act as leader with authority to bind the joint venture or consortium. Neither the composition nor the constitution of the joint venture or consortium shall be altered without the prior consent in writing of the Employer, which shall not be unreasonably withheld. 5.2 Exercise of authority The Service Provider shall have no authority to relieve Others appointed by the Employer to undertake work or services on the Project of any of their duties, obligations, or responsibilities under their respective agreements or contracts, unless expressly authorised by the Employer in response to an application by the Service Provider in writing to do so. 5.3 Designated representative Unless otherwise communicated, the authorised and designated person named in the Contract Data has complete authority to receive instructions from and give information to the Employer on behalf of the Service Provider. 5.4 Insurances to be taken out by the Service Provider 5.4.1 The Service Provider shall as a minimum and at his own cost take out and maintain in force all such insurances as are stipulated in the Contract Data. 5.4.2 The Service Provider shall, at the Employer’s request, provide evidence to the Employer showing that the insurance required in terms of Clause 5.4.1 has been taken out and maintained in force. 5.5 Service Provider’s actions requiring Employer’s prior approval The Service Provider shall obtain the Employer’s prior approval in writing before taking, inter alia, any of the following actions: a) b) c) appointing Subcontractors for the performance of any part of the Services, appointing Key Persons not listed by name in the Contract Data. any other action that may be specified in the Contract Data. July 2009: Edition 3 of CIDB document 1015 -7- Standard Professional Services Contract 5.6 Co-operation with Others If the Service Provider is required to perform the Services in co-operation with Others he may make recommendations to the Employer in respect of the appointment of such Others. The Service Provider shall, however, only be responsible for his own performance and the performance of Subcontractors unless otherwise provided for. 5.7 Notice of change by Service Provider On becoming aware of any matter which will materially change or has changed the Services, the Service Provider shall within 14 Days thereof give notice to the Employer. 6. CONFLICTS OF INTEREST 6.1 Service Provider not to benefit from commissions, discounts, etc. The remuneration of the Service Provider under the Contract shall constitute the Service Provider’s sole remuneration in connection with the Contract, or the Services, and the Service Provider shall not accept for his own benefit any trade commission, discount, or similar payment in connection with activities pursuant to the Contract, or in the discharge of his obligations under the Contract, and shall use his best efforts to ensure that the Personnel, any Subcontractors, and agents of either of them shall, similarly, not receive any additional remuneration. 6.2 Royalties and the like The Service Provider shall not have the benefit, whether directly or indirectly, of any royalty or of any gratuity or commission in respect of any patented or protected article or process used in or for the purposes of the Contract, or Project, unless so agreed by the Employer in writing. 6.3 Independence The Service Provider shall refrain from entering into any relationship which could be perceived as compromising his independence of judgement, or that of Subcontractors or Personnel. 7. SERVICE PROVIDER’S PERSONNEL 7.1 General 7.1.1 The Service Provider shall employ and provide all qualified and experienced Personnel required to perform the Services. 7.1.2 Where required in terms of the Contract, the Service Provider shall provide Key Persons as listed in the Contract Data to perform specific duties. If at any time, a particular Key Person cannot be made available, the Service Provider may engage a replacement who is equally or better qualified to perform the stated duty, subject to the Employer’s approval, which approval shall not be unreasonably withheld. 7.1.3 Where the fees for the Services are time-based, the fee payable for a person provided as a replacement to a named Key Person shall not exceed that which would have been payable to the person replaced. 7.1.4 The Service Provider shall bear all additional costs arising out of or incidental to replacement of Personnel, except where such replacement is otherwise provided for in the Contract. 7.1.5 The Service Provider shall take all measures necessary and shall provide all materials and equipment necessary to enable Personnel to perform their duties in an efficient manner. July 2009: Edition 3 of CIDB document 1015 -8- Standard Professional Services Contract 7.2 Provision of Personnel in terms of a Personnel Schedule 7.2.1 The Service Provider shall, where required in terms of the Contract Data, provide appropriate Personnel for such time periods as required in terms of the Contract and enter all data pertaining to Personnel including titles, job descriptions, qualifications and estimated periods of engagement on the performance of the Services in the Personnel Schedule. 7.2.2 Where the Service Provider proposes to utilise a person not named in the Personnel Schedule, he shall submit the name, relevant qualifications and experience of the proposed replacement person to the Employer for approval. Should the Employer not object in writing within 10 Days of receipt of such notification, the replacement shall be deemed to have been approved by the Employer. 7.2.3 The Services shall be performed by the Personnel listed in the Personnel Schedule for the periods of time indicated therein. The Service Provider may, subject to the approval of the Employer, make such adjustments to the data provided in terms of Clause 7.2.1 above as may be appropriate to ensure the efficient performance of the Services, provided that the adjustments will not cause payments to exceed any limit placed on the Contract Price. 7.2.4 The Service Provider shall, if required in terms of Clause 7.2.1: a) b) c) forward to the Employer for approval, within 15 Days of the award of the Contract, the Personnel Schedule and a timetable for the placement of Personnel. inform the Employer of the date of commencement and departure of each member of Personnel during the course of the Project. submit to the Employer for his approval a timely request for any proposed change to Personnel, or timetables. 8. COMMENCEMENT, COMPLETION, MODIFICATION, SUSPENSION AND TERMINATION 8.1 Commencement of Services The Service Provider shall commence the performance of the Services within the period stated in the Contract Data. 8.2 Completion 8.2.1 Unless terminated in terms of the Contract, or otherwise specified in the Contract Data, the Contract shall be concluded when the Service Provider has completed all Deliverables in accordance with the Scope of Work. 8.2.2 The Service Provider may request an extension to the Period of Performance if he is or will be delayed in completing the Contract by any of the following causes: a) b) c) d) e) additional Services ordered by the Employer; failure of the Employer to fulfil his obligations under the Contract; any delay in the performance of the Services which is not due to the Service Provider’s default; Force Majeure; or suspension. 8.2.3 The Service Provider shall within 14 Days of becoming aware that a delay may occur or has occurred, notify the Employer of his intention to make a request for the extension of the Period of Performance to which he considers himself entitled and shall within 30 days after the delay ceases deliver to the Employer full and detailed particulars of the request. 8.2.4 The Employer shall, within 30 Days of receipt of a detailed request, grant such extension to the Period of Performance as may be justified, either prospectively or retrospectively, or July 2009: Edition 3 of CIDB document 1015 -9- Standard Professional Services Contract inform the Service Provider that he is not entitled to an extension. Should the Service Provider find the decision of the Employer to be unacceptable he shall, nevertheless, abide by such decision in the performance of the Services and the matter shall be dealt with as a dispute in terms of Clause 12. 8.3 Force Majeure 8.3.1 The failure of a Party to fulfil any of its obligations under the Contract shall not be considered to be a breach of, or default under, this Contract insofar as such inability arises from an event of Force Majeure, provided that the Party affected by such an event has taken all reasonable precautions, due care and reasonable alternative measures in order to meet the terms and conditions of this Contract, and has informed the other Party as soon as possible about the occurrence of such an event. 8.3.2 In the event that the performance of the Services has to be suspended on the grounds of Force Majeure, the Period of Performance shall be extended by the extent of the delay plus a reasonable period for the resumption of work. 8.3.3 During the period of his inability to perform the Services as a result of an event of Force Majeure, the Service Provider shall be entitled to any payment due in terms of the Contract and shall be reimbursed for additional costs reasonably and necessarily incurred by him in suspending, delaying and re-activating the performance of the Services. 8.4 Termination 8.4.1 The Employer may terminate the Contract: (a) (b) (c) (d) (e) where the Services are no longer required; where the funding for the Services is no longer available; if the Service Provider does not remedy a failure in the performance of his obligations under the Contract within thirty (30) Days after having been notified thereof, or within any further period as the Employer may have subsequently approved in writing; if the Service Provider becomes insolvent or liquidated; or if, as the result of Force Majeure, the Service Provider is unable to perform a material portion of the Services for a period of not less than sixty (60) Days; 8.4.2 The Employer shall give the Service Provider not less than thirty (30) Days written notice of any termination made in terms of 8.4.1 (a) or (b). 8.4.3 The Service Provider may terminate the Contract, by giving not less than thirty (30) Days written notice to the Employer after the occurrence of any of the following events: (a) (b) (c) (d) 8.4.4 if the Employer fails to pay any monies due to the Service Provider in terms of the Contract and not subject to dispute pursuant to Clause 12 within forty-five (45) Days after receiving written notice from the Service Provider that such payment is overdue; or if, as the result of Force Majeure, the Service Provider is unable to perform a material portion of the Services for a period of not less than sixty (60) Days; or when the Services have been suspended under Clause 8.5 and the period of suspension exceeds the period stated in the Contract Data, or it is clear to the Service Provider that it will be impossible or impractical to resume the suspended Services before the period of suspension has exceeded the period stated in the Contract Data; or if the Employer is in material breach of a term of the Contract and fails to rectify such breach within 30 Days of the receipt of written notice requiring him to do so. Upon termination of this Contract pursuant to Clauses 8.4.1 or 8.4.3, the Employer shall remunerate the Service Provider in terms of the Contract for Services satisfactorily performed July 2009: Edition 3 of CIDB document 1015 -10- Standard Professional Services Contract prior to the effective date of termination and reimburse the Service Provider any reasonable cost incident to the prompt and orderly termination of the Contract, except in the case of termination pursuant to events (c) and (d) of Clause 8.4.1. 8.4.5 Should the Service Provider, being an individual or the last surviving principal of a partnership or body corporate, die or be prevented by illness or any other circumstances beyond his control from performing the obligations implied by the Contract, the Contract shall be terminated without prejudice to the accrued rights of either Party against the other. 8.5 Suspension 8.5.1 The Employer may temporarily suspend all or part of the Services by notice to the Service Provider who shall immediately make arrangements to stop the performance of the Services and minimise further expenditure. 8.5.2 When Services are suspended, the Service Provider shall be entitled to pro-rata payment for the Services carried out and reimbursement of all reasonable cost incident to the prompt and orderly suspension of the Contract. 8.6 Rights and liabilities of the Parties Completion, suspension or termination of the Contract shall not prejudice or affect the accrued rights or liabilities of the Parties. 9. OWNERSHIP OF DOCUMENTS AND COPYRIGHT 9.1 Copyright of all documents prepared by the Service Provider in accordance with the relevant provisions of the copyright Act (Act 98 of 1978) relating to Project shall be vested in the party named in the Contract Data. Where copyright is vested in the Service Provider, the Employer shall be entitled to use the documents or copy them only for the purposes for which they are intended in regard to the Project and need not obtain the Service Provider’s permission to copy for such use. Where copyright is vested in the Employer, the Service Provider shall not be liable in any way for the use of any of the information other than as originally intended for the Project and the Employer hereby indemnifies the Service Provider against any claim which may be made against him by any party arising from the use of such documentation for other purposes. 9.2 The ownership of data and factual information collected by the Service Provider and paid for by the Employer shall, after payment by the Employer, lie with the Employer. 9.3 The Employer shall have no right to use any documents prepared by the Service Provider whilst the payment of any fees and expenses due to the Service Provider in terms of the Contract is overdue. 10. SUCCESSION AND ASSIGNMENT 10.1 Except as defined in Clause 8.4.4 above, each Party binds itself and its partners, successors, executors, administrators, assigns and legal representatives to the other Party and to the other partners, successors, executors, administrators, assigns and legal representatives of the other Party in respect of all obligations and liabilities of the Contract. 10.2 An assignment shall be valid only if it is a written agreement by which the Service Provider transfers his rights and obligations under the Contract, or part thereof, to others. 10.3 The Service Provider shall not, without the prior written consent of the Employer, assign the Contract or any part thereof, or any benefit or interest thereunder, except in the following cases : July 2009: Edition 3 of CIDB document 1015 -11- Standard Professional Services Contract (a) (b) by a charge in favour of the Service Provider’s bankers of any monies due or to become due under the Contract; or by assignment to the Service Provider’s insurers of the Service Provider’s right to obtain relief against any other person liable in cases where the insurers have discharged the Service Provider’s loss or liability. 10.4 The approval of an assignment by the Employer shall not relieve the Service Provider of his obligations for the part of the Contract already performed or the part not assigned. 10.5 If the Service Provider has assigned his Contract or part thereof without authorization, the Employer may forthwith terminate the Contract and the third party will have no claim against the Employer resulting from such termination. 11. SUBCONTRACTING 11.1 A Service Provider may not subcontract any work which he has the skill and competency to perform, unless otherwise permitted in the Contract Data. 11.2 A subcontract, where permitted in terms of the Contract Data, shall be valid only if it is a written agreement by which the Service Provider entrusts performance of a part of the Services to Others. 11.3 The Service Provider shall not subcontract to nor engage a Subcontractor to perform any part of the Services without the prior written authorization of the Employer. The services to be sub-contracted and the identity of the Subcontractor shall be notified to the Employer. The Employer shall, within 14 Days of receipt of the notification and a full motivation why such services are to be subcontracted, notify the Service Provider of his decision, stating reasons, should he withhold such authorization. If the Service Provider enters into a subcontract with a Subcontractor without prior approval, the Employer may forthwith terminate the Contract. 11.4 The Employer shall have no contractual relationships with Subcontractors. However, if a Subcontractor is found by the Employer to be incompetent, the Employer may request the Service Provider either to provide a Subcontractor with qualifications and experience acceptable to the Employer as a replacement, or to resume the performance of the relevant part of the Services himself. 11.5 The Service Provider shall advise the Employer without delay of the variation or termination of any subcontract for performance of all or part of the Services. 11.6 The Service Provider shall be responsible for the acts, defaults and negligence of Subcontractors and their agents or employees in the performance of the Services, as if they were the acts, defaults or negligence of the Service Provider, his agents or employees. Approval by the Employer of the subcontracting of any part of the Contract or of the engagement by the Service Provider of Subcontractors to perform any part of the Services shall not relieve the Service Provider of any of his obligations under the Contract. 12. RESOLUTION OF DISPUTES 12.1 Settlement 12.1.1 The Parties shall negotiate in good faith with a view to settling any dispute or claim arising out of or relating to the Contract and may not initiate any further proceedings until either Party has, by written notice to the other, declared that such negotiations have failed. 12.1.2 Any dispute or claim arising out of or relating to the Contract which cannot be settled between the Parties shall in the first instance be referred by the Parties to either mediation or adjudication as provided for in the Contract Data. July 2009: Edition 3 of CIDB document 1015 -12- Standard Professional Services Contract 12.2 Mediation 12.2.1 If the Contract Data does not provide for dispute resolution by adjudication, not earlier than 14 Days after having advised the other Party, in terms of Clause 12.1, that negotiations in regard to a dispute have failed, an aggrieved Party may require that the dispute be referred, without legal representation, to mediation by a single mediator. The mediator shall be selected by agreement between the Parties, or, failing such agreement, by the person named for this purpose in the Contract Data. The costs of the mediation shall be borne equally by the Parties. 12.2.2 The mediator shall convene a hearing of the Parties and may hold separate discussions with any Party and 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. 12.2.3 The mediator is authorised 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. 12.2.4 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 referred to arbitration or litigation in a competent civil court, as provided for in the Contract Data. 12.3 Adjudication 12.3.1 If the Contract Data does not provide for dispute resolution by mediation, an aggrieved Party may refer the dispute to adjudication. Adjudication shall be in accordance with the latest edition of the separately published CIDB Adjudication Procedures. 12.3.2 The adjudicator shall be appointed in terms of the Adjudicator’s Agreement bound in the Construction Industry Development Board’s Adjudication Procedure. 12.3.3 The Adjudicator shall be any person agreed to by the parties or, failing such agreement, shall be nominated by the person named in the Contract Data. The Adjudicator shall be appointed in accordance with the Adjudicator’s Agreement contained in the CIDB Adjudication Procedure. 12.3.4 If a Party is dissatisfied with the decision of the Adjudicator, the Party may give the other Party notice of dissatisfaction within 28 Days of the receipt of that decision and refer the dispute to arbitration or litigation in a competent civil court as provided for in the Contract Data. If no notice of dissatisfaction is given within the specified time, the decision shall be final and binding on the Parties. 12.4 Arbitration 12.4.1 Arbitration, where provided for in the Contract Data, shall be by a single arbitrator in accordance with the provisions of the Arbitration Act of 1965 as amended and shall be conducted in accordance with such procedure as may be agreed between the Parties or, failing such agreement, in accordance with the Rules for the Conduct of Arbitrations published by the Association or Arbitrators current at the date the arbitrator is appointed. 12.4.2 The arbitrator shall be mutually agreed upon or, failing agreement, to be nominated by the person named in the Contract Data. July 2009: Edition 3 of CIDB document 1015 -13- Standard Professional Services Contract 13. LIABILITY 13.1 Liability of the Service Provider 13.1.1 The Service Provider shall be liable to the Employer arising out of or in connection with the Contract if a breach of Clause 5.1 is established against him. 13.1.2 The Service Provider shall correct a Defect on becoming aware of it. If the Service Provider does not correct a Defect within a reasonable time stated in a notification and the Defect arose from a failure of the Service Provider to comply with his obligation to provide the Services, the Service Provider shall pay to the Employer the amount which the latter assesses as being the cost of having such Defect corrected by Others. 13.1.3 All persons in a joint venture or consortium shall be jointly and severally liable to the Employer in terms of this Contract and shall carry individually the minimum levels of insurance stated in the Contract Data, if any. .13.2 Liability of the Employer The Employer shall be liable to the Service Provider arising out of or in connection with the Contract if a breach of an obligation of his in terms of the Contract is established. The Service Provider shall have no separate delictual right of action against the Employer. 13.3 Compensation If it is established that either Party is liable to the other, compensation shall be payable only on the following terms: (a) (b) 13.4 Compensation shall be limited to the amount of reasonably foreseeable loss and damage suffered as a result of the breach. In any event, the amount of compensation will be limited to the amount specified in Clause 13.5. Duration of Liability Notwithstanding the terms of the Prescription Act No. 68 of 1969 (as amended) or any other applicable statute of limitation neither the Employer nor the Service Provider shall be held liable for any loss or damage resulting from any occurrence unless a claim is formally made within the period stated in the Contract Data or, where no such period is stated, within a period of three years from the date of termination or completion of the Contract. 13.5 Limit of Compensation 13.5.1 Unless otherwise indicated in the Contract Data, the maximum amount of compensation payable by either Party to the other in respect of liability under the Contract is limited to: a) b) the sum insured in terms of 5.4 in respect of insurable events; and the sum stated in the Contract Data or, where no such amount is stated, to an amount equal to twice the amount of fees payable to the Service Provider under the Contract, excluding reimbursement and expenses for items other than salaries of Personnel, in respect of non-insurable events. 13.5.2 Each Party agrees to waive all claims against the other insofar as the aggregate of compensation which might otherwise be payable exceeds the aforesaid maximum amount payable. 13.5.3 If either Party makes a claim for compensation against the other Party and this is not established, the claimant shall reimburse the other for his reasonable costs incurred as a July 2009: Edition 3 of CIDB document 1015 -14- Standard Professional Services Contract result of the claim or if proceedings are initiated in terms of Clause 12 for such costs as may be awarded. 13.6 Indemnity by the Employer Unless otherwise indicated in the Contract Data, the Employer shall indemnify the Service Provider against all claims by third parties which arise out of or in connection with the performance of the Services save to the extent that such claims do not in the aggregate exceed the limit of compensation in Clause 13.5, if applicable, or are covered by the insurances arranged under the terms of Clause 5.4. 13.7 Exceptions 13.7.1 Clauses 13.5 and 13.6 shall not apply to claims arising from deliberate misconduct. 13.7.2 The Service Provider shall have no liability whatsoever for actions, claims, losses or damages occasioned by: a) b) 14. the Employer omitting to act on any recommendation, or overriding any act, decision or recommendation, of the Service Provider, or requiring the Service Provider to implement a decision or recommendation with which the Service Provider disagrees or on which he expresses a serious reservation; or the improper execution of the Service Provider’s instructions by agents, employees or independent contractors of the Employer. REMUNERATION AND REIMBURSEMENT OF SERVICE PROVIDER The Employer shall remunerate and reimburse the Service Provider for the performance of the Services as set out in the Pricing Data. If not otherwise stated in the Pricing Data, the following shall apply: 14.1 The Service Provider shall be entitled to render interim monthly accounts for fees and reimbursements throughout the duration of the Contract. Interim amounts of lump sum fees due shall be based on progress. 14.2 Amounts due to the Service Provider shall be paid by the Employer within thirty (30) Days of receipt by him of the relevant invoices. If the Service Provider does not receive payment by the due date, he shall be entitled to charge interest on the unpaid amount, which is payable by the Employer, at the prime interest rate charged by his bank and certified by such bank, plus 2% per annum, and calculated from the due date of payment. 14.3 If any item or part of an item in an invoice submitted by the Service Provider is disputed by the Employer, the latter shall, before the due date of payment, give notice thereof with reasons to the Service Provider, but shall not delay payment of the balance of the invoice. Clause 14..2 shall apply to disputed amounts which are finally determined to be payable to the Service Provider. 14.4 In respect of Services charged for on a time-basis and all other reimbursable expenses the Service Provider shall maintain records in support of such charges and expenses for a period of twenty four months after the completion or termination of the Contract. Within this period the Employer may, on not less than 14 Days notice, require that a reputable and independent firm of accountants, nominated by him at his expense, audit any claims made by the Service Provider for time charges and expenses by attending during normal working hours at the office where the records are maintained. July 2009: Edition 3 of CIDB document 1015 -15- Standard Professional Services Contract 15 AMOUNTS DUE TO THE EMPLOYER Amounts due to the Employer shall be paid by the Service Provider within thirty (30) Days of receipt by him of the relevant invoices. If the Employer does not receive payment by the due date, he shall be entitled to charge interest on the unpaid amount, which is payable by the Service Provider, at the rate stated in the Contract Data, calculated from the due date for payment. July 2009: Edition 3 of CIDB document 1015 -16- Standard Professional Services Contract PERSONNEL SCHEDULE NAME TITLE July 2009: Edition 3 of CIDB document 1015 JOB DESCRIPTION -17- Standard Professional Services Contract QUALIFICATIONS ESTIMATED PERIOD OF ENGAGEMENT (weeks) CONTRACT DATA The Conditions of Contract are the Standard Professional Services Contract (July 2009) published by the Construction Industry Development Board. Each item of data given below is cross-referenced to the clause in the Conditions of Contract to which it mainly applies. Part 1: Data provided by the Employer Guidance notes Clause The Employer is the . . . . . . . . . . . . . . . . . . . . . . . 3.4 and 4.3.2 The authorised and designated representative of the Employer is: Name: ............................ The address for receipt of communications is: Telephone: . . . . . . . . . . . . . . . . . . . . . . . . . . . Faxsimile: . . . . . . . . . . . . . . . . . . . . . . . . . . . E-mail: . . . . . . . . . . . . . . . . . . . . . . . . . . . . Address: ........................... ........................... ........................... 1 The Project is . . . . . . . . . . . . . . . . . . . . . . . 1 The Period of Performance is , , , , , , , , , , , , , Not required if the Service Provider is required to complete this item. 1 The Start Date is ………………… Insert the date on which Services are to commence. 3.4.1 Communications by e-mail / facsimile is not permitted. Omit if permitted. Delete that which is not applicable. 3.5 The location for the performance of the Project is . . . . . . . . .... . Omit if not required 3.6 The Service Provider may not release public or media statements or publish material related to the Services or Project under any circumstances. Omit if standard provisions in clause 3.6 are to apply. 3.9.2 The time-based fees used to determine changes to the Contract Price are as stated in the Pricing Data Omit if time-based charges are to be negotiated. 3.12 The penalty payable is R . . . . per Day subject to a maximum amount of R. . . . . . . . . .. 3.15.1 The programme shall be submitted within . . .. . Days of the award of the Contract. July 2009: Edition 3 of CIDB document 1015 -18- Not required if programme is to be submitted with the tender. Standard Professional Services Contract 3.15.2 The Service Provider shall update the programme at intervals not exceeding …. weeks. Insert number of weeks e.g. 5, if require more frequently than once a quarter. 3.16 The time-based fees shall not be adjusted for inflation. Omit if the default provisions are appropriate 13.16.1 The indices are those contained in Table A of P0141 Consumer Price Index for the CPI for all services published by Statistics South Africa Omit if no adjustment is to be made for inflation. Amend if necessary 4.3.1(d) The Service Provider is not required to assist in the obtaining of approvals, licenses and permits from the state, regional and municipal authorities having jurisdiction over the Project Omit if the Service Provider is required to do so. Reword as necessary. 5.4.1 The Service Provider is required to provide professional indemnity cover as set out in the Professional Indemnity Schedule. State requirements for professional indemnity insurance, if any. The Service Provider is required to provided the following insurances: 1. Insurance against . . . . . . . . . . . . . . . . . Cover is: .................. Period of cover: . . . . . . . . . . . . . . . . . . 2. Insurance against . . . . . . . . . . . . . . . . . . Cover is: .................. Period of cover: . . . . . . . . . . . . . . . . . . State requirements for other insurances if required. 5.5 The Service Provider is required to obtain the Employer’s prior approval in writing before taking any of the following actions: 1 .................. 2 .................. 7.2 The Service Provider is required to provide personnel in accordance with the provisions of clause 7.2 and to complete the Personnel Schedule. Omit if this is not a requirement 8.1 The Service Provider is to commence the performance of the Services within … Days of date that the Contract becomes effective. Insert number of day or amend as appropriate. 8.2.1 The Contract is concluded when . . . . . . . . . . . . . . . . . . Omit if standard provisions of Clause 8.2.1 are appropriate. 8.4.3 (c) The period of suspension under clause 8.5 is not to exceed ….. months/ weeks State maximum period for suspension. 9.1 Copyright of documents prepared for the Project shall be vested with the . . . . . . . . . . . . . . Enter Employer or Service Provider 11.1 A Service Provider may subcontract any work which he has the skill and competency to perform. Omit if not permitted 12.1 Interim settlement of disputes is to be by mediation / adjudication Delete the option that is not selected 12.2 / 12.3 Final settlement is by litigation / arbitration Delete the option that is not selected July 2009: Edition 3 of CIDB document 1015 -19- Standard Professional Services Contract 12.2.1 In the event that the parties fail to agree on a mediator, the mediator is nominated by . . . . . . . . . . . . . . . . . . Delete if adjudication is selected 12.3.3 The adjudicator is the person appointed by the …………………….. (name of an official within a body / association) Tel …………. Fax……………… No………………………. Insert particulars of person who appoints or delete if mediation is selected 12.4.1 In the event that the parties fail to agree on an arbitrator, the arbitrator is nominated by . . . . . . . . . . . . . . . . . .. Delete if litigation is selected 13.1.3 All persons in a joint venture or consortium shall carry a minimum professional indemnity insurance of …… Delete if not a requirement or amend wording as required. 13.4 Neither the Employer nor the Service Provider is liable for any loss or damage resulting from any occurrence unless a claim is formally made within . . . . . . . . . . months from the date of termination or completion of the Contract. Not required if the standard provisions of Clause 13.4 are acceptable. 13.5.1 The maximum amount of compensation payable by either Party to the other in respect of liability under the Contract is limited to R . . . . . . . . Or The provisions of 13.5 do not apply to the Contract Not required if the standard provisions of Clause 13.5.1 are acceptable. 13.6 The provisions of 13.6 do not apply to the Contract Insert if provisions are not to apply 15 The interest rate will be prime interest rate of the Employers bank at the time that the amount is due. or The interest rates will be ……… Describe interest payable. Amend wording as applicable. The additional conditions of contract are: Insert additional conditions contract or delete row: July 2009: Edition 3 of CIDB document 1015 -20- Insert if provisions are not to apply Standard Professional Services Contract of Part 2: Data provided by the Service Provider Guidance notes Clause 1 The Service Provider is . . . . . . . . . . . . . . . . . . . . . . . Address: .................. Telephone: . . . . . . . . . . . . . . . . . . Faxsimile: . . . . . . . . . . . . . . . . . . 5.3 The authorised and designated representative of the Service Provider is: Name: .................. The address for receipt of communications is: Telephone: . . . . . . . . . . . . . . . . . . Faxsimile: . . . . . . . . . . . . . . . . . . Address: .................. 1 The Period of Performance is . . . . . . . . . . . . . . . . . . Omit if employer specifies Period of Performance. 5.5 7.1.2 The Key Persons and their jobs / functions in relation to the services are: Provide if a requirement Name July 2009: Edition 3 of CIDB document 1015 Specific duties -21- Standard Professional Services Contract 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: ………………………………………………. 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 Service Provider 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) (or other suitable wording) 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 Service Provider 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 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 Service Provider 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: July 2009: Edition 3 of CIDB document 1015 -22- Standard Professional Services Contract Part C1 Agreements and contract data, (which includes this agreement) Part C2 Pricing data Part C3 Scope of work. and drawings and documents or parts thereof, which may be incorporated by reference into Parts C1 to C3 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. 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 Service Provider) 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. 1 Signature(s) Name(s) Capacity for the Employer (Name and address of organization) Name and signature of witness Date 1 As an alternative, the following wording may be used: Notwithstanding anything contained herein, this agreement comes into effect two working days after the submission by the employer of one fully completed original copy of this document including the schedule of deviations (if any), to a courier-to-counter delivery / counter-to-counter delivery / door-to-counter delivery /door-todoor delivery /courier service (delete that which is not applicable), provided that the employer notifies the tenderer of the tracking number within 24 hours of such submission. Unless the tenderer (now Service Provider) within seven working days of the date of such submission 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. July 2009: Edition 3 of CIDB document 1015 -23- Standard Professional Services Contract Schedule of Deviations Notes: 1. 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. 2. 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. 3. 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 contract shall also be recorded here. 4. 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 tender 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. July 2009: Edition 3 of CIDB document 1015 -24- Standard Professional Services Contract MyCiTi Phases 1 and 2: Background to the MyCiTi system and operations Business Plan: MyCiTi Phase 1A as approved by Council 27 October 2010 (6.043) This document is issued as an informative document to assist tenderers in understanding the project context of the tender. While every effort has been made to present accurate and current information, the City of Cape Town will not be held liable for the consequence of any decisions or actions taken by others who may utilise the information contained herein. This document is issued by the City of Cape Town on a without prejudice basis to provide background information. It does not bind the City, nor does it bind the other parties. 156 Table of Contents Abbreviations and key terms .......................................................................................159 1. Introduction ........................................................................................................161 1.1. 1.2. 1.3. 1.4. 1.5. 1.6. 1.7. 1.8. 1.9. service 1.10. 2. System Plan ........................................................................................................173 2.1. 2.2. 2.3. 2.4. 2.5. 2.6. 2.7. 2.8. 2.9. 3. Introduction ................................................................................................212 Interim VO Contracts ...................................................................................213 Long - Term VO Contracts ............................................................................215 Responsibilities of VO companies ..................................................................215 Advertising / retail .......................................................................................217 Station management services ...............................................................................218 5.1. 5.2. 5.3. 5.4. 5.5. 5.6. 5.7. 6. Closed Trunk and Feeder Bus Stations...........................................................194 Open Feeder Stops ......................................................................................201 Depots and Staging Areas ............................................................................205 Contracting VO Services.......................................................................................212 4.1. 4.2. 4.3. 4.4. 4.5. 5. Phase 1A and B ...........................................................................................173 Roll out of Phases 1A and B..........................................................................173 Route characteristics....................................................................................177 Vehicles ......................................................................................................178 Station passenger utilisation .........................................................................181 Operating hours ..........................................................................................185 Headways ...................................................................................................185 Services for events ......................................................................................187 Charter hire.................................................................................................191 Infrastructure......................................................................................................194 3.1. 3.2. 3.3. 4. Background.................................................................................................161 IRT implementation .....................................................................................161 Illustrative value of this background document...............................................162 Phase 1A and B ...........................................................................................162 Phase 2 ......................................................................................................163 Phase 3 and 4 .............................................................................................164 Business Plan and structure of MyCiTi Project.................................................164 Definition of the Milestones 0, 1, 2, 3 and 4 comprising Phase 1A ....................167 Timeline for the roll out of the Milestones in Phase 1A and relationship between contracts.....................................................................................................167 Indicative IRT organisational structure ..........................................................170 Introduction ................................................................................................218 Description of the SM functions when fully rolled out ......................................219 SM Stage 0: Flat fares only, hand-helds used for access control.......................223 SM Stage 1: Flat fares only, gates installed used for access control ..................227 SM undertaken by others in SM Stages 0 and 1 ..............................................227 SM Stage 2: Commencement of SM contract ..................................................228 SS Stage 3: Take up of all SM functions.........................................................228 Automated fare collection system .........................................................................229 6.1. 6.2. Introduction ................................................................................................229 Description of the AFC system when fully implemented...................................229 MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 157 6.3. AFC Stage 0: Flat fares only, access control through the use of handheld validators 234 6.4. AFC stage 1: Access control through the use of electronic gates ......................236 6.5. AFC Stage 2: Access control on feeder buses through the use of permanently mounted validators .................................................................................................237 6.6. AFC Stage 3: Full fare structure functionality..................................................239 7. Control centre .....................................................................................................240 7.1. 7.2. 7.3. 7.4. 7.5. 7.6. 8. Introduction ................................................................................................240 Description of the CC system when fully rolled out..........................................240 Stage 0: Tracking through the use of the NETSTAR tracking system ................244 CC Stage 1: Parallel tracking systems - NETSTAR and CC ................................246 CC Stage 2: NETSTAR system fully replaced by City’s Control Centre................248 CC Stage 3: Full CC functionality ...................................................................249 Other services by City departments.......................................................................250 8.1. 8.2. 8.3. 8.4. 8.5. 8.6. 8.7. 8.8. Surveillance using CCTV cameras ..................................................................250 Response unit .............................................................................................251 Enforcement of parking or driving in bus lanes: Traffic police ..........................251 Enforcement re illegal parking: Traffic police..................................................251 Protection of buses and stations....................................................................251 Cleaning external areas and refuse................................................................252 Maintenance of busway and cycle ways .........................................................252 Revenue Services ........................................................................................253 MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 158 Abbreviations and key terms AFC – Automated Fare Collection APTMS – Advanced Public Transport Management Systems (see also “Control Centre” or CC) BRT – Bus rapid transit CBD – Central business district CC – Control centre CCC – Control Centre Contractor CCTV – Closed circuit television MFMA – Municipal Finance Management Act (56 of 2003) NDOT – National Department of Transport NLTA – National Land Transport Act (5 of 2009) NLTTA – National Land Transport Transition Act (22 of 2000, as amended by Act 26 of 2006) OCC – Operations Control Centre DORA - Division of Revenue Act Operations Management Unit – the structure responsible for managing MyCiTi operations: initially the Department: IRT Operations; later the relevant unit within a proposed newly formed ME. EFF – External Financing Fund POLB – Provincial Operating Licensing Board EMV (banking standard) – Europay / Mastercard / Visa PTISG – Public Transport Infrastructure and Systems Grant Feeder stations – MyCiTi stations along dedicated routes for low-floor feeder buses. These stations will allow free feeder-to-feeder or feeder-to-trunk transfers. PTOG – Public Transport Operating Grant CRC – Continuous reinforced concrete CRR – Capital Replacement Reserve SARS – South African Revenue Services SDA – Service delivery agreement SS – Station services Feeder stops – stops on the kerb-side for feeder buses, eventually allowing universal accessibility. TIC – Transport Information Centre FS – Fare system TMC – Transport Management Centre GPS – Global positioning system TR&MP – Transport, Roads and Major Projects directorate of the City of Cape Town IDP – Integrated Development Plan IRT – Integrated Rapid Transit Stops – see “Feeder stops” ITP – Integrated Transport Plan Stations – MyCiTi stations along dedicated routes for high-floor trunk buses ITS – Intelligent Transport System VAT – Value Added Taxation ME – Municipal entity VO – Vehicle operator MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 159 MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 160 1. Introduction 1.1. Background The City of Cape Town’s (City) Integrated Development Plan has identified the improvement of the public transport system and services a key strategic focus area to achieve the long term vision of the City’s and its developmental goals. The City developed a Mobility Strategy aimed at “Putting Public Transport, People and Quality First” to achieve its vision for a safe, effective, efficient, equitable and affordable public transport system that supports local and economic development in an environmentally responsible manner. This vision seeks to establish a full public transport network, including high quality rail and road services, which will place at least 75% of Cape Town’s population within 500 metres of the system. The City has thus resolved to establish a network of Integrated Rapid Transit ("IRT") systems ("MyCiTi") across the City to complement the existing rail system as part of an integrated public transport system. 1.2. IRT implementation The objective of the IRT system is to eventually transform the entire public transport system in Cape Town by providing greater choice and more convenient transport options. This is an extensive network and therefore the full system cannot be implemented at once. It is envisioned that the system will be rolled out in phases over the next 20 years, with the initial focus on implementing the first phase part of Phase 1 (being Phase 1A) by September 2013, to match funding availability. The figure below gives an indication of the areas involved in each of the four phases with the first phase concentrating on the west coast, the second on the south-western part of the city, the third focussing on the southern portion with the fourth phase covering the northern portion of the city. MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 161 1.3. Illustrative value of this background document While the attached tender focuses mainly on Phases 1B and 2, much of the detail given in this document relates to Phase 1A. This is because detailed planning for Phases 1B and 2 is only commencing now. The detail regarding Phase 1A is given as an illustration of the specifications of the likely Phase 1B and Phase 2 system, and of the sub-phasing that may be required in subsequent phases.* 1.4. Phase 1A and B The Phase 1 area is broadly the Inner City and West Coast areas extending from the R27 eastwards towards the N7 and southwards towards the N2. Phase 1 borders on the Phase 2 area and subsequent phases. The Phase 1 area not covered by Phase 1A is referred to as Phase 1B, and it provides a link between Phase 1A and subsequent phases. The focus of this Chapter however is on Phase 1A, since the extent of the Phase 1B services is still being assessed. Phase 1A includes the inner city area (ranging from Hout Bay to the City Bowl) and the west coast corridor from the inner city northwards to Blaauwberg and Atlantis, and eastwards towards the Koeberg Road and Montague Gardens. This area includes residential, commercial and industrial areas such as the V&A Waterfront, Paarden Eiland, MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 162 Century City, Dunoon and Atlantis. A key motivation for starting with this area is that no rail service exists in this part of the city. Currently, customers have no alternative to the existing road-based system, which is heavily congested. The Phase 1A area intersects with the rail network at Woodstock station, through which all rail routes pass, providing good connectivity between the west coast corridor and the rest of the metropolitan area. Phase 1A and how it is planned to roll-out is described in greater detail in the following paragraph. 1.5. Phase 2 The second phase will be developed in the highest public transport demand areas, including the south east areas such as Mitchell’s Plain and Khayelitsha. In October 2011 Council approved the commencement of detailed system planning and design of Phase 2. Figure 1. Rail demand and proposed new strategic transport corridors • • • • Phase 2 of the MyCiTi project is defined as the Metro South East (MSE) area and is responsible for the majority of the total public transport activity in the metropolitan area. Years of planning, research and investigation have identified critical missing transport corridors in the public transport system serving the MSE which could be served by BRT. These corridors, as schematically depicted on Figure 1, comprise of the following: MSE to Wynberg / Claremont N2 Corridor (Klipfontein and Main Road) Symphony Way MSE to West Coast via Nigeria Way and Jan Smuts Drive The Khayelitsha to CBD Rail service is running at over capacity (as indicated in red on Figure 1) until it connects with northern lines towards Bellville and Southern lines towards Claremont and Wynberg. This dynamic identifies the actual desire for movement towards the Bellville and Wynberg / Claremont area but due to the lack of MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 163 direct transport links to these areas, commuters travel a roundabout way to their final destination. A BRT service could address these critical public transport missing links as schematically shown on the figure above. Over time, the road based public transport demand between the MSE and the Cape Town CBD has grown significantly. This is due to passengers moving from rail to both bus and mini-bus taxi services because of the lack of capacity and perceived safety and security concerns by passengers on the rail system. PRASA has responded in their recent Rail Plan by identifying the Chris Hani (Khayelitsha) to CBD rail service as a ‘modernisation and demonstration’ project which will however only be operational during 2015. In the interim additional transport capacity is required and could possibly be provided by means of an interim express BRT service via the N2. A target implementation date of December 2013 has been determined for the implementation of this service, should it be found to be practically and financially feasible. It must be stressed that all of the above proposals are conceptual only and subject to further detailed investigation which will require the appointment of specialist consultants. As indicated, Council gave authority to proceed with planning for phase 2 conditional to budgetary provision being in place. In order to meet the targeted implementation date of December 2013 for the implementation of the possible BRT service to the MSE Council also granted authority to proceed with all works (inclusive of acquisition of land, procuring of vehicles, construction of depots / staging areas and other infrastructure works) necessary for the fast track implementation of this service conditional to works not being abortive should a portion of the service not be proceeded with and budgetary provision being in place. 1.6. Phase 3 and 4 The third and fourth phases will cover the southern and northern areas such as Claremont and Bellville respectively. Planning for these areas will follow Phase 2 designs. It is possible that the full system could be operational by 2030, provided sufficient funding is made available and that this project continues to receive the current level of support from different spheres of government. 1.7. Business Plan and structure of MyCiTi Project In summary, the City intends to operate IRT trunk bus services along dedicated bus ways interspersed with stations, as well as a network of feeder bus services linking to stations. The City will determine the routes and schedules in terms of which the buses will operate, and will contract vehicle operating companies to undertake the operation of the buses. MyCiTi operations can be run optimally if responsibilities are divided MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 164 appropriately amongst the City of Cape Town; a municipal entity ("ME") to be established as a company and owned by the City, which oversees operations and some aspects of system development; and private sector companies which perform most of the actual operational tasks under contract to the ME. The business structure and contracts described here are based on present strategic planning. In the initial phase, the tasks and responsibilities of the City and the ME are to be combined in a MyCiTi Project Office within the City's administration, reporting to the Executive Director: Transport and Roads, and consisting of two departments, namely the Department: IRT Development and the Department: IRT Operations. As the detail of contractual relationships between the various parties is clarified and stabilised and a ME for public transport services is established, it is anticipated that the Department: IRT Operations will be transferred to the ME, while the Department: IRT Development will remain in the City administration. The generic term "MyCiTi Operations Management Unit" is used to refer to the structure which is responsible for managing MyCiTi operations, which will initially be the Department: IRT Operations and subsequently the yet to be established ME. It is this Department that will represent the City as the Employer in undertaking the administration of the SM contract. It is envisaged that seven distinct role players will be involved in MyCiTi including: 1. The MyCiTi Operations Management Unit, which will initially be the Department: IRT Operations forming part of a MyCiTi Project Office within the administration of the City of Cape Town. Pending and subject to decisions to be taken in terms of compulsory legislative processes, it is envisaged that the MyCiTi Operations Management Unit will be shifted into the ME for public transport services; 2. The administration of the City, including, in particular, the MyCiTi Project Office, which will consist of the Department: IRT Development and, until it is shifted to the envisaged ME, the Department: IRT Operations. The Department: IRT Development, in conjunction with other City departments, will perform the City’s overall regulatory function and remain responsible for the roll out and maintenance of the route infrastructure and related City assets. The Department: IRT Development will plan and implement the roll out of the system in conjunction with, in particular, the MyCiTi Operations Management Unit, whether the latter is situated within the City’s Project Office as the Department: IRT Operations, or within a new ME; 3. Vehicle operating companies (referred to as "VOs"); which will be responsible for maintaining and operating the buses on routes and according to timetables set by the City, the security and management of passengers on the buses and the management of depots and staging areas, 4. An Automated Fare Collection system contractor ("AFC contractor"); which will be responsible for the installation, operation and maintenance of an Automated Fare MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 165 Collection System for collecting of and accounting for fares and the payment of fares into the account of the City, 5. A control centre contractor ("CC contractor"); which will be responsible for installing, operating and maintaining a vehicle tracking, monitoring and communications system, and 6. A station management contractor ("SM contractor"); which will be responsible for the operation and general maintenance of the stations, the management, security and safety of passengers within and around station precincts and the sale of EMV smart cards. 7. City of Cape Town service departments who will be responsible for the provision of certain municipal services not rendered by the above mentioned entities such as safety and security outside stations, on buses and dedicated roadways. The City has overall responsibility for MyCiTi. It determines where the system is to be rolled out, builds and maintains the MyCiTi infrastructure, and sets the terms under which the system operates. This includes setting the framework for establishing fare levels and establishing through negotiations with the MyCiTi Operations Management Unit (initially the Department: IRT Operations) the level of additional finance contributed by the City to run the transport operations. The ME, which will include the MyCiTi Operations Management Unit, will be governed by a service delivery agreement with the City. The MyCiTi Operations Management Unit manages the design and implementation of operations and controls the contracts in terms of which various private sector companies deliver different elements of the service. These roles, relationships and contracts are now summarised in the diagram below. Contract City of Cape Town Service Agree ment Control Centre Contractor IRT OPERATIONS DEPARTMENT (In future possibly transferred Municipal Entity) Vehicle Operators Contractors Automatic Fare systems Contractor (incl Merchant Acquirer) Station Mangement Contractor IRT Contract Structure MyCiTi contract structure MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 166 More detail on the roles and responsibilities of the seven entities may be found in the MyCiTi Business Plan of October 2010 as well as elsewhere in this document 1.8. Definition of the Milestones 0, 1, 2, 3 and 4 comprising Phase 1A For system planning and rollout the City refers to the rollout of Phase 1A of MyCiTi in terms of five milestones, each being the definition of a specific state of the system. This numbering system is useful in that it has relevance to the routes and services operated by the VO companies’ as well as the assets handed over to the SM contractor. (Refer to Chapter 2 of this document for a fuller description of the five Milestones). 1.9. Timeline for the roll out of the Milestones in Phase 1A and relationship between service contracts In order to accommodate the timeframes scheduled for the roll out of Phase 1A it was necessary to introduce interim arrangements which, as the MyCiTi Service is rolled out will be substituted by introducing permanent solutions. For example prior to the start of Milestone 0 the City entered into “interim contracts” with the Vehicle Operatoring Companies to operate and maintain the buses and stations. These interim contracts for vehicle operators will end with the signing of long term 12 year contracts with VO companies. The term ‘interim’ is used in this document to refer not only to the interim VO contracts, but to a number of other services which will only be partially operational during the period when Milestone 0 services are running and may extend into further Milestones. For example, the automated fare contract (AFC Contract) and the control centre contract (CC Contract) were not fully operational at the commencement of Milestone 0, but will be implemented in stages as the relevant hardware arrives, and the software and business processes become operational. The stages of implementation of each of these components will follow different timetables, although some components will impact on others. For example, prior to the fare system’s turnstiles being in place those providing station management services will have to regulate access on a temporary basis. Thus the term ‘interim’ is used to refer to a variety of different stages across a variety of service components and contracts prior to the system full system being properly in place. The following table shows the relationship between the implementation of various service components and the timeline for the roll out of the milestones. MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 167 Note: 1. The dates reflected in this table are based on current knowledge and may change as more information becomes available as the project rolls out. 2. The Milestone target dates reflect the contractual dates the City wishes to achieve and may not be consistent with the Milestone commencement dates when the City anticipates launching the services to the public. MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 168 The following paragraphs summarise the different service components through their various stages. 1.9.1. Vehicle Operating (VO) Contracts See Chapter 4 a full description of this service VO Stage 0 – the interim VO contracts commenced in May 2011, governing the operations of the VOs who are responsible for vehicle operations as well as station management services. Station management services at this stage include general station management, manual access control and ticket validation, limited maintenance, cleaning and security services. The City is responsible for ticket sales. VO Stage 1 – This stage commences with the introduction of the EMV smart cards replacing the paper ticketing system. The City will sell the EMV smart cards and access will be controlled by the VO using hand held validators on the stations. VO Stage 2 – This stage commences when the permanent automated access control gates at the stations and permanent validators on the feeder buses take over the role of manual access control and card validation, thus reducing the scope of the VO interim contract. VO Stage 3 – This stage commences Station Management Contract is and awarded, where after the remaining station services functions will be taken over by the successful contractor. VO Stage 4 – At the conclusion of agreements with the taxi associations and bus operators the interim VO contracts will be replaced by the 12 year long term contracts. 1.9.2. Station Management See Chapter 5 for a full description of this service SM Stage 0 – During this stage the VO contractors will perform the stations management functions including general station management, manual access control and card validation, limited maintenance, cleaning and security services and providing station ambassadors. SM Stage 1 – This stage commences once automated access control gates are installed at the stations and permanent validators on buses which will take over the role of manual access control and card validation. SM Stage 2 – This stage commences when the Station Management Contract is awarded where after the remaining station management functions will be taken over by the successful contractor. MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 169 1.9.3. Automated Fare Collection system See Chapter 6 for a full description of this service AFC Stage 0 – During this stage only flat fares are charged utilising a manual ticketing system where the City sells the tickets at station kiosks and on the feeder buses. The VO checks the tickets at the stations while the City assumes this role on the feeder buses. AFC Stage 1 – The manual ticketing system will be replaced by the introduction of the EMV smart cards. These will be sold at station kiosks and for a short period on the feeder buses by the City. Later EMV smart cards will be sold at other points of sales such as retail outlets. The VO will be responsible for manual access control at stations utilizing the hand held validators. Temporary validators will be mounted on feeder buses and therefore will not require manual operation. AFC Stage 2 – This stage commences once automated access control gates are installed at the stations which will take over the role of manual access control and card validation at stations. Permanent validators will also replace the hand held validators on the feeder buses. AFC Stage 3 – This stage commences from the time the full fare structure becomes functional and fully integrated with the Back Office functions. The responsibility for card sales at kiosks will also be handed over by the City to the successful station management contractor. 1.9.4. Vehicle tracking and controlling (referred to as CC) See Chapter 7 for a full description of this service CC Stage 0 – Initially vehicles tracked by infrastructure supplied by the Provincial Government and controlled by personal employed by the City CC Stage 1 – This stage commenced once the Control Centre Contract was awarded. During this stage the Control Centre tracking system and Back Office functions are rolled out and operate in parallel with the Provincial System. CC Stage 2 –The control Centre System fully replaces the Provincial System. CC Stage 3 – Over time the full structure will become functional and fully integrated with the other services. 1.10. Indicative IRT organisational structure Figure 2 below shows of the location of the tender within the indicative overall IRT organisational structure, while Figure 3 gives the organogramme of the Department of IRT Operations in more detail. MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 170 Figure 2. Indicative IRT project structure and overall organogramme showing the location of this tender – focusing primarily on Phase 2 of the IRT MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 171 Figure 3. Organogramme of the Department IRT Operations MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 172 2. System Plan 2.1. Phase 1A and B Phase 1A includes the Inner City (including extension to Hout Bay), Woodstock rail station, the industrial areas of Paarden Eiland and Montague Gardens, the shopping and office block area of Century City, and the residential areas of Milnerton, Brooklyn, Dunoon, Tableview, Melkbos, Atlantis and Mamre. It includes the rapidly growing residential areas in Blaauwberg north of the Diep River, and the low-income communities of Atlantis, Mamre, Dunoon and Doornbach / Joe Slovo. This corridor faces some of the worst peak period congestion levels, especially to the south and east of the bridges over the Diep River. The Phase 1 area not covered by Phase 1A is referred to as Phase 1B, and it provides a link between Phase 1A and subsequent phases. The focus of this paragraph however is on Phase 1A, since the extent of the Phase 1B services is still being assessed. 2.2. Roll out of Phases 1A and B Figure 4 shows a map of the Phase 1A, including the trunks and feeder service routes. A list of the routes is included in the following paragraph. Phases 1A and B is planned to become operational over a period of time. The first service of Phase 1A (sometimes referred to as the MyCiTi starter service) has begun in what is known as Milestone 0. This service commenced in May 2011 and will be followed by Milestones 1, 2, 3, and 4. These milestones, in general, indicate the extension of the services into the inner city area (Milestone 1), Table View and Montague Gardens (Milestone 2), Atlantis and Melkbosstrand (Milestone 3) and Dunoon (Milestone 4). In Milestone 1 for instance all the services of Milestone 0 remain, except that the inner city Figure 4. Full Phase 1A MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 173 interim route is replaced by the permanent feeder routes, and in Milestone 2 the permanent feeder routes in Table View replace the interim feeder routes. The routes planned for Phase 1A and some of the Phase 1B routes are listed in Table 1. 2.2.1. Milestone 0 Figure 5. IRT - Milestone 0 interim routes Additional services: • Airport shuttle bus Milestone 0 began operations in May 2011 and consists of two trunk routes and four interim feeder routes. The trunk routes are: • T01: Table View to CBD along the R27 • T02: Airport to CBD along the N2 The interim feeder routes are: • F01: Gardens to Waterfront via Civic Centre (Cape Town CBD) • F14: Big Bay to Table View to Parklands East (Table View) • F15: Parklands to Table View to Blouberg Sands (Table View) • F16: Marine Circle to Table View to Blouberg Sands (Table View) Minor changes to the Milestone 0 routes are being put into effect in early November 2011, but these changes are not shown here. 2.2.2. Milestones 1-4 Figure 5 indicates the expected dates that the milestones (post-Milestone 0) will be operational: MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 174 Figure 6. Start dates of full milestones Milestone Expected start date Description of services provided Milestone 1 Milestone 0 plus • The permanent Inner City feeders August 2012 • Interim feeders in Table View will continue in support of this milestone. Milestone 2 Plus: • Permanent Table View feeders to serve the R27 trunk and provide a distribution service within the Table View area. October 2012 • Trunk into Montague Gardens • Permanent feeder Montague Gardens - Century City • Possibly Dunoon – Montague Gardens – Century City route Milestone 3 Plus: • Trunks to Atlantis with connection to Melkbosstrand • Feeders within Atlantis serving trunk and local travel desires. Milestone 4 November 2013 Plus: • Trunk from Bayside to the CBD is extended from Bayside to Dunoon. September 2013 The expected start dates above are based on current knowledge and may change as more information becomes available. They reflect the contractual dates the City wishes to achieve and may not be consistent with dates provided to the public. MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 175 Table 1. Planned routes in Phase 1A / B Milestone Area 0 1 2 2/Pha se 1B INNER CITY TABLE VIEW Service Route number Route name Trunk Trunk Feeder (interim) Feeder (interim) Feeder (interim) Feeder (interim) Feeder T01 T02 F01 F14 F15 F16 F1 Feeder F2 Table View to Cape Town Airport to Cape Town Gardens to Civic Centre to Waterfront Big Bay to Table View to Parklands East Parklands to Table View to Blouberg Sands Marine Circle to Table View to Blouberg Sands Hout Bay to Cape Town via Camps Bay and Sea Point Waterfront to Camps Bay via Camps Bay Drive and Geneva Drive circle Feeder F3 Waterfront to Camps Bay via Geneva Drive and Camps Bay Drive circle Feeder Feeder Feeder Feeder Feeder Feeder F4 F5 F6 F7 F8 F70 Sea Point to Waterfront Sea Point to Cape Town via Fresnaye Cape Town to Vredehoek via Gardens circle Cape Town to Salt River via University Estate Cape Town to Oranjezicht via Gardens circle Montague Gardens IRT Station to Century City Station via Montague Gardens Trunk Feeder Feeder Feeder T11 F14 F15 F16 Montague Gardens IRT Station to Waterfront Parklands Main Road to Marine Circle Avonmouth Road to Wood IRT Station Wood IRT Station to Blaauwberg Hospital via Ringwood Dunoon to Century City via Montague Gardens IRT Station DUNOON Trunk T69 3 ATLANTIS F8 TE8 F9 F10 F11 F12 F13 F14 Atlantis to Mamre Atlantis to Mamre Atlantis to Pella Atlantis to Robinvale circle route Atlantis to Protea Park via Avondale Atlantis to Saxonsea circle Atlantis to Atlantis Foundry circle route Atlantis to Melkbosstrand 4 Trunk DUNOON Trunk T2 T1 Atlantis to Cape Town via Table View Dunoon to Waterfront via Table View Feeder Feeder Feeder Feeder Feeder Feeder Feeder Feeder MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 176 2.3. Route characteristics 2.3.1. Trunk route operations Route conditions: A trunk route operates generally in dedicated bus lanes where possible or with priority at intersections. However, in some cases much of the trunk route operates in mixed traffic e.g. the trunk route north of the Table View built up area to Atlantis and the airport route along the N2. Stations: Trunk routes generally make use of specifically built stations in the median (ie in the island between the lanes going in opposite directions). At stations passengers board or alight via the doors generally on the right hand side of the bus, with level boarding (ie without having to use steps between the station and the bus). At stations passengers also have their tickets or smartcard validated as they enter the station, with the result that they can board the bus fast once it arrives. 2.3.2. Feeder route operations Route conditions: Feeder routes generally operate in mixed traffic. Sometimes they run in dedicated bus way, such as in the portions of dedicated bus way around the closed stations. Stops: The bus stops are generally on the left hand side of the road at the kerb side, at specific “temporary” or permanent stops. Passengers will board or alight via the left hand side door at level (ie without having to use steps between the station and the bus). In the case of interim feeders or trunk extensions, high-floor vehicles are used which require using the stairs of the bus on the left-hand door to reach kerb level. Feeders sometimes make use of specific closed trunk-feeder stations in the median. Here passengers will board or alight via bus doors on the right hand side of the bus making use of level boarding at a platform with the same height as the bus floor. 2.3.3. Transfers at stations Stations are essentially elements of infrastructure that facilitate the process of passengers transferring between the external environment and the system (i.e. onto or off the system) or transferring between routes (trunk and feeder) within the system. The types of transfers that the system facilitates are: MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 177 • External to stations: Passengers entering and exiting the median stations will do this at designated safe pedestrian crossings which have been designed to account for pedestrian safety and convenience. • External to feeders via stops: Passengers entering and exiting the system via a feeder bus will generally do so at relevant kerbside feeder stops. • Trunk route to trunk route: Within the closed station, passengers either transfer from one platform to another or wait at the same platform for their next bus. • Trunk route to feeder route: This is mainly an open transfer where passengers will leave the closed station to catch a feeder bus at a stop along the kerbside. However, at selected locations where transfer volumes are high, a closed trunkfeeder station will be provided with transfers within a closed space to improve convenience and safety and reduce customer cost. This transfer will take place in the station and will in Phase 1A involve moving between two different platform heights i.e. from the trunk’s high floor of 940 mm to the lower feeder level of 300 mm to access the right hand side door of the feeder vehicle. • Feeder route to feeder route: This is mainly an open transfer where passengers board and alight at kerbside stops. However, at selected locations where transfer volumes are high, a closed feeder-feeder station will be provided. Closed trunk-feeder and feeder-feeder stations are physical and elegant attempts to provide free transfers between trunk-feeder and feeder-feeder respectively. 2.4. Vehicles 2.4.1. Vehicle characteristics Within the Phase 1A area the vehicles that will operate the trunk routes will be high-floor vehicles and the feeder routes will be operated by the low-floor feeder vehicles. The general characteristics of the available vehicles are described below in the table. Typical vehicle characteristics (approximate) Vehicle type Vehicle Feeder 9m feeder bus (details below are of this bus) Trunk 12m trunk vehicle 18m trunk vehicle (possibility of 12m) Vehicle description Feeder vehicle Solo trunk (standard) & Solo trunk (airport) Articulated trunk MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 178 Vehicle type Dimensions Floor height Number of Passenger Doors Wheelchair positions Passenger capacity Feeder Trunk Length: 9 m Length: 12.75 m Length: 18.4 m Width: 2.6 m Width: 2.6 m Width: 2.6 m Low floor: High floor: High floor: 300 mm 940mm 940mm 1 right-sided door 2 right-sided doors 3 right-sided doors 1 left-sided door 1 left-sided standard door with stairs 1 left-sided standard door with stairs 1 1 2 50 Standard vehicle: (21 seated, 27 standing, 1 wheelchair) 85 (41 seated, 43 standing, 1 wheelchair) Airport vehicle: 77 (33 seated, 43 standing, 1 wheelchair) 132 (53 seated, 77 standing, 2 wheelchairs) An example of a feeder bus. Final design subject to award of tender. A 12m solo trunk vehicle MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 179 An 18m articulated high-floor vehicle 2.4.2. Vehicle type per route The type of vehicle used on each route is indicated in the table below. Trunk routes may use the trunk vehicles interchangeably depending on various factors i.e. using 12m trunk vehicles on a typical 18m trunk route, however the vehicles indicated below are the main vehicle as currently planned. In case of a trunk extension, these trunk vehicles are equipped with right-sided doors to service the median stations as well as a left-sided door at the left-hand kerb where access will be via stairs to kerb-side feeder stops. Table 2. Anticipated vehicle type per route Milestone Area 0 1 2 INNER CITY TABLE VIEW Service Route number Vehicle type Trunk Trunk Feeder (interim) Feeder (interim) Feeder (interim) Feeder (interim) Feeder Feeder T01 T02 F01 F14 F15 F16 F1 F2 18m trunk 12m trunk (airport) 12m trunk 12m trunk 12m trunk 12m trunk 9m feeder 9m feeder Feeder Feeder Feeder Feeder Feeder Feeder Feeder F3 F4 F5 F6 F7 F8 F70 9m feeder 9m feeder 9m feeder 9m feeder 9m feeder 9m feeder 9m feeder MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 180 Milestone Area 2/Phase 1B 3 DUNOON ATLANTIS 4 DUNOON Service Route number Vehicle type Trunk Feeder Feeder Feeder Trunk Feeder Feeder Feeder Feeder Feeder Feeder Feeder Feeder Trunk Trunk T11 F14 F15 F16 T69 F8 TE8 F9 F10 F11 F12 F13 F14 T2 T1 18m trunk 9m feeder 9m feeder 9m feeder 12m trunk 9m feeder 9m feeder 9m feeder 9m feeder 9m feeder 9m feeder 9m feeder 9m feeder 12m trunk 18m trunk 2.5. Station passenger utilisation 2.5.1. Modelled station passenger utilisation: Phase 1A Phase 1A has been modelled as a whole system. From this, the anticipated number of passengers boarding and alighting at each of the closed stations when Phase 1A is complete has been generated. The table below gives an indication of the number of passengers boarding and alighting in the morning peak hour for each of the closed stations. However, this IRT PHASE 1A: STATION UTILISATION (draft) Station Name (trunk station unless otherwise stated) Approximate boarding and alighting passengers when full Phase 1A is operational (AM peak hour) Milestone 0 stations Granger Bay Airport Civic Centre 90 Not available See Milestone 1 stations MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 181 Stadium 90 See Milestone 2 stations Table View Sunset Beach 60 Racecourse 1 580 Milnerton 20 Woodbridge 30 Lagoon 990 Zoarvlei 80 Vrystaat 150 Section 360 Neptune 10 Paarden Eiland 80 Woodstock 1 380 Thibault Square 770 Milestone 1 stations 1440 Waterfront - Trunk 410 Queens Beach Civic Centre - Trunk and Feeders 10 100 Adderley - Closed Feeder 160 Gardens Centre - Closed Feeder 480 Milestone 2 stations Table View - Closed trunk and feeder 6 310 Omuramba - Trunk & Closed Feeder 1 040 MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 182 210 Ascot Milestone 3 stations Atlantis Town Centre - Trunk & Closed Feeder 4 530 Melkbos - Trunk & Closed Feeder 1 080 120 Sandown 80 Sunningdale Milestone 4 stations 40 Doornbach Dunoon 2 650 Killarney 310 Potsdam 20 Boy De Goede 90 Wood Drive 70 Janssens 70 Grey 10 2.5.2. Modelled station passenger utilisation: Phase 1B (draft) Station Name (trunk station unless otherwise stated) Approximate boarding and alighting passengers when full Phase 1A&B is operational (AM peak hour) Preliminary stations Joe Slovo (on Omurumba Road) 160 MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 183 Sable Square (on Ratanga Road) 230 Century City (off Rantaga Road) 100 2.5.3. Current station utilisation Station Name Estimated peak hour boarding and alighting passengers (from October 2011, either AM or PM peak hour depending on which is larger) Milestone 0 stations Civic Centre 1 220 Airport Table View 32 920 Sunset Beach 30 Racecourse 70 Milnerton 30 Woodbridge 60 Lagoon 30 Zoarvlei 40 Vrystaat 30 Section 30 Neptune 20 Paarden Eiland 30 Woodstock 50 * Note: Data on current utilisation is drawn from the best available data at present. Daily boardings – As part of the tender document – Volume 3: Compact disk MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 184 2.6. Operating hours The approximate operating hours of the routes in the various areas are given in the table below and are indicative only. Greater detail on operating hours and peak periods per route can be found in the detailed timetables when these become available, and may change over time. Weekday operating hours (current estimates) Services start: 04:20 (first Airport bus from Civic Centre) 05:00 (for other services) Services end: 00:00 AM peak period: 06:00 – 09:00 PM peak period: 15:30 – 18:30 Saturday operating hours (approximate) Services start: 06:00 Services end: 00:00 Sunday operating hours (approximate) Services start: 07:00 Services end: 00:00 Please refer to the proposed timetables for details of the precise operating hours for each route when these become available. 2.7. Headways Headways are the time between planned buses on one route. The typical planned headways in the peak and off-peak are as follows, however the actual headways will be available once the timetables have been finalised, and will vary over time: MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 185 Milestone Area 0 1 2 INNER CITY TABLE VIEW 2/Phase 1B 3 DUNOON ATLANTIS 4 DUNOON Route number Peak headway (minutes) Off-peak headway (minutes) T01 T02 F01 F14 F15 F16 F1 F2 10 20 10 15 15 15 4 12 20 20 20 20 20 20 F3 F4 F5 F6 F7 F8 F70 T11 F14 F15 F16 T69 F8 TE8 F9 F10 F11 F12 F13 F14 T2 T1 12 15 6 8 20 20 ? 4 10 20 20 ? 15 10 60 12-20 10 6-20 5-15 ? 6 4 30 minutes maximum in general Please refer to the proposed timetables for details of the precise headways for each route when these become available. 2.7.1. Proposed timetables The proposed timetables for the above routes for Monday-Friday (day 1-5), Saturday (day 6) and Sunday (day 7) will be available at a later stage. MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 186 2.8. 2.8.1. Services for events Introduction Generally, all MyCiTi bus transport in support of sports and entertainment events held at the Stadium are scheduled on an ad hoc basis. The following Event Categories have been defined in the Events Transport Management Plan: The following describes the Spectator Demand for each Event Category: The UCT and Hout Bay Park & Rides are only activated for Event Categories 3/4/5. Spectator demand at these Park & Rides depends largely on the type of event and the spectator profile, which in turn is affected by the cost of the tickets. For example, sports events, such as soccer events, tend to attract more spectators originating from the Metro South-East, i.e. lower income areas – these spectators tending rather to make use of the Park & Rail Service to get to the Civic Station in order to make use of the Shuttle to the Stadium. Whereas, entertainment events, such as the U2 event, tend to attract more spectators originating from the higher income Northern & Southern suburbs areas – the spectators in the Southern suburbs, in particular, tending to make use of the Park & Rides in order to get to the Stadium. MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 187 The following describes the MyCiTi Bus demand for each Event Category: Category Number of MyCiTi Buses 1 Maximum 10 2 Maximum 10 3 39 up to 09:00 (end of Airport Service) 42 after 09:00 4 39 up to 09:00 (end of Airport Service) 42 after 09:00 5 39 up to 09:00 (end of Airport Service) 42 after 09:00 2.8.2. Description of Process For each event, the City will issue a Service Notice to the VOC a minimum of 2 weeks before the event. This Service Notice will contain the following information: • • • Event name and number of spectators to be expected; Event date; Services to be delivered – • Type of Service – • Civic Station – Stadium - point to point service; • Hout Bay - 4 stops service : • • • • Stop 1 – at Kronendal Primary School; • Stop 2 – circle at ImizamoYetho; • Stop 3 – at Maiden’s Cove bus stop on Victoria Road; • Stop 4 – Main Road Green Point opposite York Road at the Stadium. UCT – Upper Campus – 3 stops service : • Stop 1 – on Rugby Road at UCT Sports Centre at the Northern end of the campus; • Stop 2 – Intersection of the link between Rugby and Ring Roads and University Avenue at the Southern end of the campus; • Stop 3 – Civic Centre bus station on Hertzog Boulevard in the CBD; Civic Station – Table View Station – point to point service; Table View MyCiTi Feeder (revised blue & green route) - stop ‘on demand’ services; MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 188 • Route Description – Route Description for Event Categories 1 / 2 ID Length* Route identification Route details 5.7 km Civic Center – Stadium Civic Center Forward Direction: Start Civic IRT Station straight Hertzog Boulevard, left Heerengraght, right Hans Strijdom Avenue straight Western Boulevard straight to Stadium IRT Station. Reverse Direction: Start Stadium IRT Station, straight Western Boulevard, straight Hans Strijdom, left Heerengracht, right Hertzog Boulevard straight to Civic IRT Station. Route Description for Event Categories 3 / 4 / 5 ID Length* Route identification Route details 5.7 km Civic Center – Stadium Civic Center Forward Direction: Start Civic IRT Station straight Hertzog Boulevard, left Heerengraght, right Hans Strijdom Avenue straight Western Boulevard straight to Stadium IRT Station. Reverse Direction: Start Stadium IRT Station, straight Western Boulevard, straight Hans Strijdom, left Heerengracht, right Hertzog Boulevard straight to Civic IRT Station. 13 km Hertzog Boulevard – UCT – Hertzog Boulevard Forward Direction: Start Hertzog Boulevard under IRT turnaround, straight Hertzog Boulevard, straight Eastern Boulevard/N2 on ramp, right Rhodes Drive/M3, left Rosebank exit right Woolsack Drive, straight Upper Road, straight Rugby Road. Reverse Direction: Start Rugby Road, left Rugby Road, left Rhodes Drive/M3, left Eastern Boulevard, right Eastern Boulevard, left Oswald Pirow off ramp straight Hertzog Boulevard. 42.4 km Green Point – Hout Bay – Green Point Forward Direction: Start Green Point Main Road, left Granger Bay Extension, round circle, left Granger Bay extension, right Main Road, right Regent Street, left Queens Road, right Victoria Road, straight Victoria Road, left Victoria Road, right Main Road, left Baviaanskloof, left Darling Street, left Andrews Road. Reverse Direction: Start Andrews Road, right Main Road, left Victoria Road, right Victoria Road, left Victoria Road, left Queens Road, right Regent, straight Main Road. 16.7 km Civic Station – Table View Station Forward Direction: Civic Station via BRT Lane to Table View Station. MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 189 Route Description for Event Categories 3 / 4 / 5 ID Length* Route identification Route details Reverse Direction: Table View Station via BRT Lane to Civic Station. 11.3 km Table View Feeder Forward Direction: Table View Station via revised BRT Feeder route. Reverse Direction: Revised BRT Feeder route to Table View Station. * = the length given above refers to the approximate route length round trip • • Consolidated hourly bus requirement – a table showing the number of vehicles required for each route per hour for the duration of the event; Hours of operation Start and end time periods for Event Categories 1 and 2 are as follows: • • 1 – 2 hours pre-event; 1.5 hours post-event; Start and end time Periods for Event Categories 3/4/5 are as follows: • • • • • • • • • 3 – 4 hours pre-event; • 1.5 – 2 hours post-event; • The peak hour for all Event Categories is the hour pre and post event. Number of Buses per route; Fleet type breakdown per route; Projected No of km per route - based on route length (round trip); Passenger Management Services - whether or not required; Station Cleaning Services – whether or not required; Security Services – whether or not required; Fare Structure - passenger to produce an event ticket for free travel; Projected Demand. After receiving the Service Notice from the City, the VOC will be expected to reply to the City with a detailed Resource Deployment Plan (RDP) for the event named in the Service Notice. The RDP will also need to include any route and schedule adjustments regarding the existing services, and indicate the quantity and type of additional buses to be contracted. If in the Service Notice it was indicated that passenger management /cleaning/security services were required, the VOC will have to provide a staff deployment plan. After the RDP has been approved by the City, the VOC will be required to immediately apply for a temporary operating license (OL) from the Provincial Operating License Board (POLB) for those routes set out in the Event Service Notice, not covered by the VOC’s existing license. If an OL is refused, the VOC must immediately inform the City in MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 190 order for the City to make alternative plans. If the OL is refused due to negligence on the part of the VOC, the City may hold the VOC liable. The VOC will be expected to attend at least one pre-event clarification meeting, which will be scheduled by the City together with any other key role players. Irrespective of Event Category size, all existing services will be required to continue as normal, albeit possible route and schedule adjustments as per the RDP. With reference to the three airport buses in particular, for Event Categories 3/4/5, only after the Airport Service has ended can the Airport buses be used for the remainder of the duration of the event - since these buses have been specifically designed for passengers with luggage, they may not be substituted with other types of buses. The designated bus staging area for all Event Categories is the Foreshore Staging Area. As stated in the VOC contracts, the Events will be rotated between the three VOCs. If the VOC whose turn it is to operate the event requires the entire MyCiTi fleet, due to the size of the event, the VOC will be expected to contract the buses from the other two VOCs in the same way it would contract additional buses from any other bus operator such as Jamie Shuttle or GABS. The only difference is, that unlike any other bus operator, the other two VOCs will have no choice as to whether or not they make their buses available to the VOC who’s operating the event – this, as stated in the VOC contracts, which also states the rates at which the three VOCs are allowed to charge each other for use of the buses during an event. 2.8.3. • • 2.9. Responsibilities Operations Manager – this is the City Official who will issue the Service Notice to the VOC; Vehicle Operator - responsible for: responding to the Service Notice issued by the City with an RDP; contracting any additional buses required for the UCT, Hout Bay Services and Civic Station to Table View Station and Table View Feeder Services post event, and/or existing Services; providing a staff deployment plan - if passenger management/security services are required; obtaining temporary operating licences, if required; attending at least one pre-event clarification meeting. Charter hire There is scope for MyCiTi buses to be chartered on an ad hoc basis, for example, by private organizations and institutions. MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 191 2.9.1. Description of Process For each chartered application, the City will usually issue a Service Notice to the VOC two weeks before the charter date. This Service Notice will contain the following information: • • • • • • • • • • Name of charter Date to be chartered Services to be delivered – Type of Service Route Description Hours of operation Number of Buses per route Fleet type breakdown per route Projected No of km per route - based on route length (round trip) Passenger Management Services - whether or not required Security Services – whether or not required Charter Personnel – these will be personnel, for example marshals, provided by the organization or institution chartering the Service. After receiving the Service Notice from the City, the VOC will be expected to reply to the City with a detailed Resource Deployment Plan (RDP) for the named charter in the Service Notice. The RDP will also need to include any route and schedule adjustments regarding the existing services, and indicate the quantity and type of additional buses to be contracted. If in the Service Notice it was indicated that passenger management/security services were required, the VOC will have to provide a staff deployment plan. After the RDP has been approved by the City, the VOC will be required to immediately apply for a temporary operating license (OL) from the Provincial Operating License Board (POLB) for those routes set out in the Event Service Notice, not covered by the VOC’s existing license. If an OL is refused, the VOC must immediately inform the City in order for the City to make alternative plans. If the OL is refused due to negligence on the part of the VOC, the City may hold the VOC liable. The VOC will be expected to attend at least one pre-event clarification meeting, which will be scheduled by the City together with any other key role players. All existing services will be required to continue as normal, albeit possible route and schedule adjustments as per the RDP. Since the three airport buses have been specifically designed for passengers with luggage, they may not be used for chartered services. MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 192 2.9.2. • • Responsibilities Operations Manager – this is the City Official who will issue the Service Notice to the VOC; Vehicle Operator - responsible for : responding to the Service Notice issued by the City with an RDP; contracting any additional buses required for the UCT and Hout Bay Services, and/or existing Services; providing a staff deployment plan - if passenger management/security services are required; obtaining temporary OLs if required; attending at least one pre-event clarification meeting. MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 193 3. Infrastructure 3.1. Closed Trunk and Feeder Bus Stations See Table 1 for a matrix of closed stations that will become operational during of Phase 1A. There are number of larger unique stations (Table View, Gardens, Airport, Civic Centre & Stadium) that are equipped with multiple platforms. The rest of the stations are a mix of generic stations. Trunk stations are closed and located in the median, with raised platforms to facilitate ease of access with level boarding onto high-floor vehicles. The station includes a ramp for wheelchair access. A ticket booth and access control gates at the station entrance ensures easy access to ticket sales and pre-board fare collection. MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 194 Table 1. Matrix of station design details MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 195 Table 2. Matrix of station design details MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 196 Trunk Stations MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 197 MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 198 Phase 1a proposes 35 closed stations made up of 69 platforms serving five (5) trunk services Closed feeder stations are located where the demand to transfer from trunk to feeder and feeder to feeder is high (Civic Centre, Gardens, Queen’s, Omuramba, Wood & Adderley), unique larger closed stations incorporating multiple platforms are being implemented. These closed stations will allow for elegant and seamless transfer between trunk-feeder and feeder-feeder accordingly. The locations of the closed trunk & feeder stations can be seen in Figure 2. Feeder buses are equipped with a door on the left and the right of the vehicle to accommodate kerb side docking at open feeder stations and median side docking at closed stations respectively. At closed feeder stations where passengers are either transferring to another feeder or a trunk service, ultra low floor feeder buses will dock on the right at a ride height (270mm) while a boarding bridge will be engaged simultaneously to bridge the gap between the bus and the platform (270mm above FRL). MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 199 Right-sided docking profile at 270mm high closed feeder median station platforms with ultra low floor feeder buses or future conventional low floor trunk buses Figure 1: Phase 1A Closed Trunk and Feeder stations MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 200 3.2. Open Feeder Stops Feeder services will operate in mixed traffic. Feeder stops are located on the kerbside to provide access to the left-sided doors on the low-floor feeder vehicles. Feeder vehicles will also have a right-sided door to enable docking at closed-feeder median stations. Stops have been spaced between 300 to 500 metres apart depending on demand and the local conditions for pedestrian access. One of the key design principles of the MyCiTi bus service is universal accessibility. This will ensure that everyone, including the disabled and persons with special needs, are easily able to access and use all components of the public transport system. At each permanent bus stop, the platform will be slightly raised and will include ramps to allow level boarding for persons in wheelchairs, the elderly, mothers with prams and those with bicycles. Special tactile paving will also be provided at the stops to assist the blind or visually impaired. Bus stop platforms will also incorporate the use of specialised Kassel kerbs that minimise tyre wear and enable the buses to align tight up against the bus stop platform. The new 9m feeder buses will employ the use of a “CD-Style” boarding bridges” that will eliminate the gap between the bus and the platform. The combination of these measures will ensure consistent level boarding for all passengers at all times. During the design development stage various kerb heights were investigated and it was decided that a raised kerbside platform of 200mm, in combination with a Kassel kerb, would be the best solution. This decision was based on the following: • All buses were catered for; in terms of conventional lower floor and ultra low floor vehicles, where conventional vehicles would have to kneel and deploy a ramp, and ultra low floor vehicles would only have to deploy the ramp from a 270mm ride height. • The horizontal gap would be bridged by use of a “CD-style” boarding bridge • The underside of the bus at operating ride height must clear the 200mm platform to avoid any clashes with the rounded paver edge • The vehicle specification would cater for a door at the front of the vehicle MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 201 • The paver key edge against the Kassel kerb is required for stability and the edge paver nose must be rounded. Five different bus stop shelter types have been developed for varying situations: Where the available footway width is sufficient, a standard full shelter is the preferred bus stop type, else a cantilever type shelter can be installed. Where high passenger demands are expected, an extended shelter will be provided Standard Full Shelter Cantilever Shelter Extended Shelter MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 202 Where the provision of a bus shelter is not justified, for example the last three stops in the outbound direction, a Totem or a simple bus stop Flag will be provided. Totem Flag INNER CITY FEEDER ROUTES & STOPS MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 203 TABLE VIEW FEEDER ROUTES AND STOPS ATLANTIS FEEDER ROUTES AND STOPS MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 204 IRT Phase 1A: Summary of Permanent Feeder Bus Stop Infrastructure Areas served by these routes Feeder Routes (Permanent) Milestone Inner City F01 - F08 1 Table View, Dunoon, Montague Gardens & Century City F14, F15, F16, F70 Melkbosstrand, Atlantis, Mamre, Pella F08 - F14 Full shelter Cantilever shelter Extended shelter Bus Totem Pole & Bus Flag 269 151 45 5 57 11 2 129 71 11 43 3 136 80 3 53 534 302 59 Totals 3.3. Total No. of Stops 5 57 107 Depots and Staging Areas Generally, the City proposes that each depot or staging area (or part thereof) will be allocated to a given Vehicle Operating Company, who should be responsible for managing the relevant depot or area, and for security thereof. The following essential processing functions will be undertaken at the Depots: • • • • • • Staging, Secure Parking Dispatching & Admin functions Inspections Washing Refuelling Minor and Major Maintenance Brake testing Depots are located to reduce ‘dead’ vehicle kilometres. They are purchased and owned by the City for use by different vehicle operator companies over the lifetime of the system. Three major depots have been identified for Phase 1A operations: • Inner City area: This depot is located on the foreshore area and will be supplemented by a staging area below the Foreshore Freeway. • Table View area: The Stables Depot is located off Potsdam Road. • Atlantis area: Depot located in the Atlantis Industrial area. Two staging areas may also be required: • Airport area: This will be used for staging vehicles for the airport service, with vehicles to be held at the Inner City depot • Hout Bay area: This will be used for staging vehicles for the Hout Bay feeder service,with vehicles to be held at the Inner City depot. • Mamre Area in Atlantis: This will be used for the overnight staging of vehicles in Mamre to reduce ‘dead’ kilometres, during early morning peak, from Mamre to Atlantis. The depot areas have been designed to include facilities for fueling, cleaning, tyre repair, parking (vehicle circulation), access control and security, heavy and light maintenance, and administration. The staging areas require parking (vehicle circulation), access control and security. MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 205 Following a competitive tender process bus routes will be awarded to VOC’s, and bus depots will be allocated to VOC’s accordingly. Future routes and associated fleet will be allocated to the best performing operator; hence the number buses to be accommodated at various depots may change in the future (See Chapter 4 for the allocation of depots and routes related to the interim VO contracts). 3.3.1. Inner City Area: Prestwich Street Depot The depot to serve the Inner City Depot is located to the South-West of Western Boulevard and bounded by Port Road, Napier Street, Bennett Street and Prestwich Street, and is referred to as the Prestwich Street depot, or the Inner City Depot (see Figure 3). AutoPax currently lease approximately 50% of the Inner City Depot site from the City. This lease agreement expires at the end of March 2012. Phase 1 redevelopment of the site required to accommodate starter service operations is complete. The first sixty smaller 9m feeder buses are expected to arrive in April 2012 and delivery of the Inner City Fleet is expected by August 2012. The eviction of AutoPax and the construction of phase 2 depot facilities are unlikely to be complete before the delivery of buses and the Milestone 1 operational date. Current plan is to bundle the improvements to the Foreshore Staging Area, the provision of temporary staging area under Mandela Boulevard and the construction of the Western Boulevard access road into one contract. It is proposed that the development of the remaining section of the Inner City Depot site (phase2), subject to vacation of AutoPax, shall be constructed as a separate contract. The of the scope of works for these contracts together with the vehicle operating contracts are yet be finalised. Construction is expected to commence in March 2012 and with completion expected towards the end of 2012. MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 206 Figure 3: Conceptual Layout of the Inner City Depot 3.3.2. Inner City Area – Foreshore staging area A staging area is provided on the Foreshore between the Foreshore Freeway outer viaducts and stretching from Oswald Pirow Street to Jan Smuts Street. This Foreshore staging area will provide overflow or additional staging for up to 8x18m articulated trunk buses, 36x12m trunk buses. It also has space for 13x9m future feeder buses, which can presently be used as a staff parking area. It should be noted that at presented there are no washing, maintenance or refuelling facilities available at this staging area. MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 207 Figure 4: As-built Plan of the Foreshore Overflow Staging Facility 3.3.3. Table View area: The Stables Depot The Stables Depot is located near Doornbach / Dunoon North West of Potsdam Road at the intersection with Ussazar Road. This new facility comprehensively caters for staging, cleaning, refuelling and maintenance of 166x18m trunk busses and 85x12m feeder busses. The development includes administration monitoring and training facilities for this service. Lesser management for potential second and third operators are also provided. The site is secured with a single controlled access point and a separately secured parking area with 80 parking bays. MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 208 Figure 5: Integrated Layout Plan of the Stable Depot off Potsdam Road Depot construction of Stables is well underway with minor delays being experienced. This depot will be ready for Milestone 2 launch in October 2012. 3.3.4. Atlantis Depot The Atlantis depot is sited on CoCT owned land on the corner of Christopher Starke Street and Charles Uys Avenue in the Atlantis Industrial Area. Staging for 53 x 9m buses and 59 x 12m buses is envisaged. The site will be secured by 3m security buffer zone, which encloses staff parking, a security office, an administration building, and processing and maintenance buildings. If additional, staging, refuelling, washing and driver/administration space is required in the future; the existing Sibanye Depot to the east of the CoCT site should become available to be shared on a lease basis until purchase is agreed. Administration Building Staff entry to the staging area is achieved via the administration building. The ground floor contains a dispatch area and associated offices, driver change rooms and toilet ablutions. The first floor contains office space for finance, FIR, management and general administration, a board room and ablutions. MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 209 Figure 6: Conceptual Layout Plan of the Atlantis Depot Wash bays and Refuelling: Two refuelling and two wash bays are provided, with processing to take place in this sequence. A slip lane around these facilities has been allowed. The refuelling lane has two pumps per lane. The wash bays have high pressure hose connections with gantries for manual washing. Provision for the recycling of water has been provided Support Building: The support building is positioned on the island between the refuelling and the maintenance building. The ground floor contains the refuelling offices, wash bay offices, DB room, and water recycling equipment, generator room and undercover Ad Blue storage. The first floor contains the staff ablution and mess facilities. Maintenance Building: This building contains 5 bays consisting of four inspection pits and one flat floor. One of the four pits will accommodate the brake testing and wheel alignment equipment. The following rooms are provided: an oil store, compressor room, tyre store, tool store, engine maintenance room, fuel injector and pump room, a workshop manager’s office, parts store, managerial office space and meeting room. Security Fencing and Access: MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 210 A double fence with a 3m buffer zone will be installed, one of which will be electrified and the possibility of CCTV surveillance cameras is been considered to reduce the number of security personnel required. The entrance will be secured via a gate in the evenings; however, a boom will be used during operating hours. A turnstile will be used to access the admin building. Mechanical Services: Two 40 000 litre underground fuel tanks, oil processing and compressed air will be provided. Implementation Timeframes: Atlantis Depot contract will be awarded in January 2012 and should be completed for Milestone 3B in November 2012. MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 211 4. Contracting VO Services 4.1. Introduction This chapter relates to both the contracting of vehicle operator (VO) services on an interim basis for the provision of Milestone 0 services as well as for the future long term 12 year contracts. The chapter includes the following • a brief overview of the scope of these services, the objectives and key elements of the VO contracts • a summary of the responsibilities of the VO companies • a description of the number of companies and the allocation of services amongst companies. 4.1.1. Roll out of VO Services The diagram in Chapter One has shown the VO contracts within the context of the rollout of the various Milestones and the different types of contracts. As with the other contracts and systems of the IRT, the VO services undergo a number of stages prior to the commencement of the long term contracts VO Stage 0 – the interim VO contracts commenced in May 2011, governing the operations of the VOs who are responsible for vehicle operations, management of depots and staging areas as well as station management services. Station management services at this stage include general station management, manual access control and ticket validation, limited maintenance, cleaning and security services. The City is responsible for ticket sales. VO Stage 1 – This stage commences with the introduction of the EMV smart cards replacing the paper ticketing system. The City will sell the EMV smart cards and access will be controlled by the VO using hand held validators on the stations. VO Stage 2 – This stage commences when the permanent automated access control gates at the stations and permanent validators on the feeder buses take over the role of manual access control and card validation, thus reducing the scope of the VO interim contract. VO Stage 3 - Station Management Contract is tendered and awarded, where after the remaining station services functions will be taken over by the successful contractor. VO Stage 4 – At the conclusion of agreements with the taxi associations and bus operators the interim VO contracts will be replaced by the 12 year long term contracts. MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 212 4.2. 4.2.1. Interim VO Contracts Objectives of the interim VO contracts The objectives of the interim VO contracts include the following: Regarding the public: • To provide high class MyCiTi public transport services to the public as soon as possible, using available IRT infrastructure. This is necessary to address the expectations from residents in the Phase 1A corridor to use the MyCiTi services as soon as possible. Regarding Vehicle Operator VO companies: • To act as a trial period for all eligible VO Companies (VOCs) to get operational experience in preparation for planned 12-year VO contracts for Phase 1A. • To facilitate revenue generation for VOCs and build a track record to support capitalisation, towards the signing of 12-year VO contracts. Regarding MyCiTi operations: • To design and test systems for further roll out of MyCiTi Phase 1A services. • To iron out operational problems, thereby reducing systems risks. • To allow support services (such as fare management and control services) to achieve operational readiness. 4.2.2. Number of Vehicle Operating companies Leading up to the commencement of Milestone 0 in May 2011, the City negotiated interim VO contracts with three VOC’s comprising of taxi associations and bus companies whose businesses were identified as being effected by the introduction of the MyCiTi service. The three companies are constituted as follows: Company A Company B Company C Transpeninsula Investments Kidrogen Golden Arrow CUTA (Central Unity) PTA (Peninsula) VDPTA (Vredehoek) BTA (Blaauwberg) DTA ( Dunoon) MATA (Maitland) Sibanye UTA (United) YTA (Ysterplaat) Gabs (Golden Bus Services) Arrow MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 213 4.2.3. Service allocation schedule The services allocate to each Company is as followings: Company A Bus Services Table View Trunk (shared with Company C) Inner City feeders (shared with Company C) Airport Shuttle Vehicle operator services on other routes as per operational requirements Events Company B Table View feeders Vehicle operator services on other routes as per operational requirements Events Charter services Company C Table View Trunk (shared with Company A) Inner City feeders (shared with Company A) Vehicle operator services on other routes as per operational requirements Events Charter services Charter services Vehicles 3 x 12m standard 19 x 12m standard 7 x 12m airport (Airport) Total: 42 buses 10 x 12m buses 8 x 18m articulated 5 x 12m standard 19 x 12m buses 8 x 18m buses 5 x 12m buses Station management 10 trunk stations 6 trunk stations Airport Civic Stadium Granger Bay Woodstock Paarden Eiland Neptune Section Vrystaat Zoarvlei Table View Racecource Sunset Beach Milnerton Woodbridge Lagoon Beach None MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 214 4.3. Long - Term VO Contracts The City is currently in the process of procuring long term 12 year contracts with Vehicle Operators to replace the interim contracts. The intention is that these companies will comprise of taxi and bus operators whose businesses are effected by the introduction of the MyCiTi service. The the number of VO companies allocated long term contracts and the services allocated to each will only be known at the end of the procurement process. 4.4. Responsibilities of VO companies The Table below summarises the functions of the VOCs for both the interim contracts and long-term contracts. There is some variation between companies. For example, where the functions of station services are listed, they will only apply to those VOs that have been allocated stations; similarly for the fare management function, etc. Function OPERATIONS To operate the service in accordance with the routes, schedules and timetable provided by the City. To respond to the changes in the schedule as set out by the City in the Service Notice. Note that the stops, hours, routes and, if required, the allocations of vehicles can be changed via the Service Notice To operate event services and special hires as set out by the City through a Service Notice To obtain operating licences and hold them current, noting that VO’s must register in their operating license any change in routes as instructed by notice from the City To employ and train drivers To appoint and deploy staff at the depot and staging areas with appropriate experience, qualifications, and expertise to support the vehicle operations, and be responsible for all depot operations, including fuel, security, cleaning, vehicle despatching, payment for services such as electricity, telephones, etc To maintain records of vehicle trips operated To be responsible to ensure that once validators are introduced, passengers tap-on on feeder vehicles. The onus will be on the driver to warn any passenger who fails to tap-on of MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 215 a potential fine; the onus will be on the driver to notify the inspector of a defaulting passenger, failing which the VOC will be liable for a penalty VEHICLES To receive the vehicles allocated to the VO and check it for any bodywork damage, and uneven or excessive tyre wear; Certify that it accepts the vehicle and advise the City of any defects To carry out all the specified maintenance of the vehicle not covered by the suppliers maintenance agreements To transport the vehicles for the routine maintenance as specified To transport the vehicles or repairs and faults as required with prior notification and approval of the City To be responsible for all repairs of the vehicles due to accidents, and where damage is as a result of not being used in compliance with vehicle warrantees and contract conditions To keep all maintenance record log of the vehicle STATION Management (until Station Management Contract is awarded) To be responsible for management of the stations during the initial period until award of the Station Management contract To provide security for station assets and passenger safety To provide the minor maintenance of the stations To perform the regular maintenance and cleaning of station equipment as scheduled in the “Operations and Maintenance Manuals” prepared for each station To provide access control and be responsible for fare evasion at stations To keep station and the station precinct (within 10 metres of the station) clean within reasonable limits at all times To assist passengers with passenger information FARE MANAGEMENT To provide and train personnel to serve as ticket and card validators To validate tickets and cards at stations in accordance with the requirements of the staged MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 216 implementation of the Automated Fare Collection system On an ongoing basis to ensure the validation of cards on feeder buses; to warn passengers of sanctions for fare evasion; to inform the ticket inspectors of failure of passengers to validate on boarding buses To place the validators in the cradle to “milk” the validators at the end of the service day of the vehicle, and to charge the validator MARKETING To submit all staff for training on customer care and promotion of the MyCiTi system To place passenger information signs at stations REPORTING AND RECORDS To attend meetings called by the City; the communication protocols will be established with the VOC To provide all records and information requested by the City To permit the City to have access to all the premises under the management of the VO. The City reserves the right to approach any member of the VO staff as necessary for operational reasons 4.5. Advertising / retail The VOCs may not get involved in advertising or concessions in or on the MyCiTi vehicles and stations or in the environment of such vehicles and stations. The City will contract these services through other means. MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 217 5. Station management services 5.1. Introduction This chapter sets out the functions and responsibilities of the Station Management (SM) contractor when fully rolled out, and also describes how these functions are to be managed in the interim by the VO companies (VOCs) and by other entities, from Milestone 0 through to commencement of fully taken up functions in August 2012. It sets out in more detail: • • • the role of the SM contractor, including deadlines / timelines for Milestone 0 and thereafter until the commencement of all functions by the SM contractor; the interim management of certain limited functions by VO companies that ultimately fall under the SM contractor; and the interim management of the remaining functions not to be undertaken by the VOC companies. The VOCs operating the buses during Milestone 0 under their interim contracts took on certain functions that will be undertaken by the SM contractor on commencement of that contract during the period of Milestone 0 until appointment of the SM sontractor. From that point onwards the VO companies contracted for the 12-year negotiated contract period will focus solely on the operation of the fleet of buses. This chapter describes the responsibilities for SM functions at the following stages: (i) (ii) SS Stage 0: From commencement of Milestone 0 the interim VOCs will undertake certain functions, and the will take on City others. The SM contract functions to be performed under the interim VO contracts during Milestone 0 include the following: • Overall station management and supervision of all station staff, but excluding Revenue Services staff • Access control and ticket validation (performed by VOC’s including, inter alia, access control and card validation. Additional station ambassadors initially) • Cleaning of the stations • Passenger information and assistance to passengers through “ambassadors” • Security Services. SS Stage 1: This is an intermediate stage and differs from Stage 1 only in respect of the access control and ticket validation function, as access gates would now be operational so the type of access control provided in SS Stage 0 is no longer required. MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 218 (iii) SS Stage 2: From commencement of the SM contract, the contractor will take over the SM functions undertaken on an interim basis by VOCs. When the SM contract has commenced, the contractor will undertake the SS Stage 0 functions to be undertaken by the VOCs during the interim period, plus Cash collection from stations and possibly from cash boxes on feeder buses whilst parked at depots, Management of parking at MyCiTi stations (in limited circumstances), Minor maintenance of stations and landscaping around stations, and Administration of retail kiosks at certain stations. (iv) SS Stage 3: Additional functions not taken on in SS Stage 2 to be commenced by the SM contractor. 5.2. Description of the SM functions when fully rolled out A single contract will be entered into with the SM contractor, which will be responsible for general management services on the stations and for upholding the MyCiTi system’s quality goal of good customer service. 5.2.1. Overall station management, supervision and cash collection The SM contractor will have responsibility and control nearly all functions within and around the station. The contractor’s personnel at the station will be trained and skilled to multi-task and, in addition to being the role of person in charge of the station, could undertake the role of cashier using the cash office as a base from which to administer the dual responsibilities. Multi-tasked personnel will, in addition to issuing tickets, receiving cash and reconciling takings, be responsible for personnel undertaking ticket validation, security in and around stations and parking management adjacent to stations. The supervisory staff in charge of stations will be in constant communication with staff at the station and with the TMC so that information and reports of faults, damage and incidents can be reported and the appropriate response activated. CCTV images from surveillance cameras within the station and in the vicinity of the station will be accessible to the SM personnel via a monitor within the kiosk and at the TMC. The SM contractor will be responsible for enforcing the MyCiTi Rules (available from www.capetown.gov.za/myciti, click on MyCiTi Rules) on the station and in the station precinct. 5.2.2. Management of ticket validation and gate access This function includes controlling fraud and fare evasion at stations. Certain multi-skilled personnel of the SM contractor are to be trained to man access gates at stations to MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 219 monitor fraud and fare evasion, and to take the necessary action if swipe devices that control opening of access gates do not operate due to power failure (were uninterrupted power-supply runs out), system malfunction or breakage of parts. In this event the personnel undertaking the security function will undertake actions according to standard procedures, which may include using a hand-held verification machine, manually overriding the access gate or some other prescribed action. The personnel responsible for the security function will work in conjunction with the cashier (in stations where the kiosks are run for selling / top-up of smartcards), both of whom will require special training by the Automated Fare Collection (AFC) contractor so that procedures for fare collection and fare evasion respectively are undertaken competently. SM staff undertaking security in stations and who perform the function of gate surveillance and control may also be required to perform basic customer services, directing customers to information on travel, directing them to the cashier or vending machines and informing them where complaints may be lodged. In cases where it is necessary to override automatic gates according to procedures set out by the AFC contractor, SM staff undertaking security will be able to manually allow access through the gates. This may be necessary in the case of an emergency or a malfunction of systems. 5.2.3. Passenger information and assistance to passengers MyCiTi will ensure that every effort is made to provide access to information on its services and connections with other public transport services, so that users are informed of the service schedules, use of EMV cards and mechanisms for top-up, fare products and options, latest changes to timetables, and any rules of conduct that should be known by passengers on the system. Staff of the SM contractor must be available at all stations to offer such information, primarily over the long term by the single multi-skilled staff member, and during the inception stages of MyCiTi in the form of additional ambassadors manning certain stations where a need for such a function is identified. Advertising displays, brochures, maps and other displays provided by the MyCiTi Operations Management Unit on stations and at stops will be maintained and updated by the SM contractor. 5.2.4. Cleaning, facilities management and minor maintenance The SM contractor will be responsible for a full range of facilities management of the station asset and equipment for which it will be responsible. The facilities management function will include minor maintenance of the stations, undertaking such functions as replacement of light bulbs and temporary repair of infrastructure necessary to allow for continuity of operation or securing the facility until proper repair is undertaken. A MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 220 particular need will be the ability to override malfunctioning sliding doors on stations and the ability to effect basic repairs. The facilities management function will require the SM contractor to enter into agreements with firms that provide ongoing maintenance of special equipment (such as air conditioners and the sliding doors on the stations) and the procurement of services to repair and replace equipment and infrastructure due to malfunction. Major maintenance, repair of major damage and rehabilitation will be the responsibility of the City. 5.2.5. Safety and Security functions Safety and security of passengers The experience with landmark cases won against Metrorail launched by the Rail Action Group points towards the responsibility of the public transport operator for safeguarding its customers from harm, be it from accidents that may occur or from theft and / or personal attacks by criminals. The SM contrator will maintain a security presence at all times in stations and in the designated area of responsibility around stations to ensure that threats to passengers of muggings, bullying and other anti-social behaviour are kept to the absolute minimum. Where incidents occur, the SM contrator’s security personnel may be able to intervene by making a citizen’s arrest in terms of the applicable legislative procedures. Should it be possible to apprehend the suspect, the SM contractor’s security personnel should communicate the incident to Metro Police, and may hold the suspect until the matter is dealt with by a Peace Officer. The SM contractor security staff involved must prepare a statement and ensure that the victim of the suspected crime provides a statement. * It will be necessary for the SM contractor to establish operational plans in conjunction with the City’s Metro Police to ensure that any incidents of criminality reported by station staff are dealt with in the appropriate manner. Where an incident involving a suspected crime takes place within a station and the suspect boards a trunk bus before he/she can be apprehended, the SM contrator personnel will alert the next station so that the security personnel at that station may act to either apprehend the suspect or to ensure that the suspect may be identified for a subsequent arrest. CCTV monitoring and response The SM contrator will have its own CCTV surveillance staff located in the TMC to make use of monitors that view images from the CCTV surveillance cameras within stations, in the vicinity of stations and along bus ways. The purpose of this unit will be to monitor the performance of its own staff and to identify potential incidents, accidents and crime on the system. The communication system linking the station supervisors, its security personnel and the TMC will be vital to its management and to ensuring a safe and secure system environment. MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 221 Protecting MYCITI stations and assets The SM contractor will responsible for protection of the trunk and other assets that it occupies and for which it has responsibility under the contract. The contract will require the SM contractor to provide a 24-hour security presence at stations in accordance with performance specifications, sufficient to reasonably safeguard the assets from vandalism and theft. The SM contractor will maintain a security presence at all times in accordance with the contract inside stations, in the designated area of responsibility around stations and on trunk buses between trunk stations. The SM contractor staff will not be responsible for security on trunk or feeder buses, except when pursuing a person who acted in breach of the MyCiTi Rules or who committed a criminal act at a station, and then board a bus.* 5.2.6. Landscaping and cleaning The SM contractor will be responsible for maintaining landscaped areas forming part of the station precinct. Planting on trunk stations will also be maintained under this function. The duties will include maintaining plant materials according to specifications, the maintenance and where necessary extension of the irrigation system and periodic heavy maintenance, fertilisation and mulching of landscaped areas. 5.2.7. Cash collection at stations and depots The SM company will be responsible for collecting cash received by the station supervisors/cashiers at stations and (if requested to do so) from cash boxes on feeder buses whilst these buses are parked overnight at depots. The station cashier will be required to reconcile all cash and other transactions taking place at the stations and the SM contractor will be liable for any money lost or stolen. It will ensure cash taken at station kiosks and from feeder buses is deposited into the designated bank account. This responsibility is described further in Chapter 6. 5.2.8. Management of parking at stations The SM contractor may be requested to provide management services regarding parking in the areas where MyCiTi services are rendered, the exception of areas forming part of the current CBD managed parking areas. The purpose of this service is both to serve as a source of revenue and as a way to enhance security in the area around stations and stops. It is planned that members of the public making use of such parking will be required to use the contactless EMV smart cards, and consideration will be given to reduced long-term parking for such users. Within these areas, parking areas and kerbside parking that have specifically been identified by the City or by the SM contractor as parking spaces to be managed may be handed over in a phased process to the SM contractor for ongoing management and revenue collection. MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 222 Prior to installation of parking management in a given area, the SM contractor or the City will conduct a feasibility study to determine whether parking management is feasible. This will include a public participation process to consult the members of the public affected by the proposal. Once it is agreed that parking areas will be managed by the SM contractor, parking marshals supplied by the SM contractor to manage parking areas must be provide parking management services for the agreed hours. Kerb-side parking fees will also be collected using hand-held validators, while parking areas may be secured and entry controlled by access booms and fixed tap in/tap out devices. 5.2.9. Retail kiosks at stations At certain stations where space allows, the City may, or the SM contractor may be requested to establish retail kiosks to be managed in terms of specifications prescribed by the City. Subject to a management fee, income received from the rental of such kiosks will be paid over to the City and, with the approval of the City, be considered as income to the MyCiTi profit centre to defray the costs of the MyCiTi system. The SM contractor may be responsible for the process of design and manufacture of kiosks, the installation of any services, and the maintenance and cleaning of kiosks. The City will itself be responsible for identifying suitable retail tenants in line with the provisions of the City's by-laws and the Municipal Finance Management Act 56 of 2003, although the SM contractor is responsible for assisting the City in this process. 5.3. SM Stage 0: Flat fares only, hand-helds used for access control At the start of Milestone 0 the three VOCs performing interim vehicle operations commenced with the provision of the interim SM functions at the stations for which they were given responsibility under their specific contract. 5.3.1. Description of functions The overall set of functions is as follows: • • • Overall station management and supervision of all station staff – the functions described under 5.2.1 but excluding the cashier function, which is to be undertaken by Revenue Services staff. Access control and ticket validation – the functions are referred to under 5.2.2. Passenger information and assistance to passengers through “ambassadors” – the ambassadors will be deployed for an initial period, after which the need for ambassadors at stations will be reviewed. See 5.2.3. MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 223 • • 5.3.2. Cleaning of the stations – Cleaning staff need to clean stations in accordance with the specifications included in maintenance manuals provided for each station, as referred to under 5.2.4. Security Services – security guards will be trained and deployed to stations to provide the functions referred to under 5.2.5. Resourcing of the functions The functions performed during the interim stage until the commencement of the SM contract initially applies to 17 stations. The Thibault Square station started operation, as the 18th station, at the beginning of November 2011. The utilisation of the stations is monitored, and the City may close certain stations if warranted either permanently or temporarily. Overall SM and staff supervision The VOCs are responsible for overall station management and supervising all station staff until appointment of the SM contractor. This includes responsibility for the following: • Deployment and management of station staff • Crowd control and management of passengers entering and leaving the stations, and within the stations • Inspection of paper tickets on the Airport service • Validation of fare cards at the stations using ticket validators; charging and “milking” of the validators at the end of the day. • Training of staff in the operations of the station equipment, emergency procedures and customer handling • Operation of the sliding doors in case of malfunctions • Operation of the safety and emergency equipment • Minor maintenance e.g. replacement of light bulbs • Report any incidents to the TMC within 10 minutes • Report to the City any malfunction of equipment, major maintenance or repair of infrastructure within one hour. The station doors require regular maintenance in terms of a maintenance regime. Since they were installed many months ago and have received no maintenance since installation, it will be necessary for all the doors to receive a full service prior to the service start up. This is the responsibility of the vehicle operator for those stations MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 224 allocated to him. The supplier of the doors has provided a quote and time frame for the servicing of the doors and this will be made available to the vehicle operators. Access control and ticket validation The full details of the AFC system are described in Chapter 6. The fare management at the stations will be monitored by the City, and the City reserves the right to increase or decrease staff within each stage of implementation for the fare management system, or over the period of moving to the next stage in the fare management. The specific responsibilities of the VOCs regarding fare management are summarised as follows: • To validate the cards with the hand held validators as passengers enter the station, • In the case of the Table View and Civic Station to validate cards as passengers transfer from the feeders to the trunk services • To place the validators in the cradle at the stations at the end of the day to “milk” the data • To charge up the validators for the next day or as necessary. Deployment of station ambassadors and ticket validating staff The purpose of this function is to provide assistance to passengers requiring public transport information (timetables, routes). The precise numbers of passengers likely to use each station in the medium term is uncertain at this stage. The City required some flexibility in the number of station staff to be deployed as the service was introduced and settled down to an established pattern. The approach that was undertaken is to deploy additional staff in the start up period, which can then be reduced once the passenger levels are established and stabilised, and any start up problems resolved. For instance, the function station ambassador and ticket validation can be combined where passenger volumes are low; in busy stations, however, this may not be possible. The VOCs will be encouraged to train security staff with aptitude to perform these functions as well as providing the security presence, especially where small stations would be inefficiently resourced should functions be strictly separated. The City will monitor the services from the outset, and will have the right require the staff complement to be increased or reduced as necessary on period of notice. As described in Chapter 6, the AFC system will be implemented in stages. The exact deployment of staff and the timing as the different stages are implemented will be refined as the implementation proceeds. The contract with the VOCs provides for flexibility for the increase or decreasing in staffing levels at the stations. The staffing MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 225 requirements will be monitored by the City to determine whether changes in the deployment become necessary. Cleaning In undertaking cleaning of different types of surfaces of stations the “Operations and Maintenance Manuals” prepared for each station or type of station be carefully studied and the techniques and materials specified be applied. Stations should be clean at the start of the day and should be maintained at an acceptable level of cleanliness at all times. This includes: • Sweeping, mopping and polishing of the floor surfaces • Keeping the floor free of litter within reasonable limits at all times of the day • Emptying and cleaning litter bins as necessary • Cleaning and inspecting of toilets at a frequency not less than every 2 hours. A duty roster must be kept indicating the times of inspection • Servicing toilets throughout the day with toilet paper, clean hand towels and soap • Wipe hand rails • Clean the Station glass surface inside and outside at least twice per week. It is essential that the cleaning materials and methods used are not abrasive or detrimental in any way to surfaces concerned, and that they comply with the Station Maintenance Manuals, which will be provided • Keep the station precinct free of litter; the precinct being a length of 10 metres from the end of the station building, excluding the roadways • Unblock, clean & disinfect drains and gutters; • Pest control Security services Security personnel shall be responsible for: • Visible security presence at stations • Protection of the station • Protection of station equipment • Safety and security of passengers • Ensuring safety and calm during emergencies MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 226 • Gate surveillance & assistance with controlling fare evasion & the orderly conduct of passengers • Performing basic customer services such as directing customers to travel information or ticket kiosks • Contacting the Disaster Management Centre/TMC within 15 minutes of an incident • Contacting the SSU within 15 minutes of an incident of crime. 5.4. SM Stage 1: Flat fares only, gates installed used for access control This stage differs from SS Stage 0 only in respect of the replacement of hand-held validators which during SS Stage 1 will have gates installed on stations. This will remove the need for the function of operating hand-held validators, controlling access into and out of stations and “milking” the validators of data at the end of the day. Staff members that were previously operating the hand held validators will no longer be required, but the function will be replaced by one of ensuring that the access gates are manned, ticket fraud checked and special needs passengers are allowed to enter stations access through side gates. This may affect the numbers of staff required at the gates. 5.5. SM undertaken by others in SM Stages 0 and 1 Certain of the long-term functions of the SM contract are not be undertaken by VOCs during SS Stages 0 and 1, but will be undertaken as follows: 5.5.1. Cash collection from stations and depots Finance (Revenue Services department) is responsible for this function, in conjunction with the cashiers supplied at stations, until this function is handed over to the SM contractor. 5.5.2. Management of parking at MyCiTi stations From the outset of the introduction of the MyCiTi services at SS Stage 0 parking generated around the vicinity of stations and stops will be monitored and managed by the City Traffic Services / Law Enforcement as a support service to MyCiTi. Once appointed, the SM may conduct feasibility studies regarding parking utilisation. Based on the outcome of such studies, the City may decide to authorise parking management facilities. MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 227 5.5.3. Maintenance of landscaping Similar to para 5.2.6. 5.5.4. Retail kiosks It is unlikely that retail kiosks will be provided at stations during Milestone 0, and such an initiative will be delayed until the system is underway and the market determines the need, location and design of such kiosks. 5.6. SM Stage 2: Commencement of SM contract The intention is that on commencement of the SM contract all station-related functions forming part of the VOC contracts will be taken up by the SM contractor. However, it is possible that the handover of certain functions undertaken by others as explained in 5.5 will be delayed until the City is ready with the planning for such functions to be handed over. The functions affected in this way are most likely to be parking management and retail kiosks, both which require a degree of planning and approval before all details are finalised. 5.7. SS Stage 3: Take up of all SM functions SS Stage 2 will be followed by the final SS Stage 3, at which point the SM contractor will take responsibility for undertaking all the functions described in this Chapter. MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 228 6. Automated fare collection system 6.1. Introduction This chapter describes the initial characteristics of the Automated Fare Collection (AFC) system for Milestone 0, and how it will develop during the period leading up to February 2012. The term ‘Automated Fare Collection system’ is sometimes abbreviated to ‘Fare System’. The chapter also provides more detail regarding the roles of the following: • • • • AFC contractor – including deadlines / timelines for Milestone 0; Station Management contractor – once appointed; VOCs – access control, fare collection and related matters during the interim until the Station Management contractor is appointed; Revenue Services – during the interim until the Station Management contractor is appointed. The various stages of implementation for the fare system are categorised in this chapter as follows: • • • • 6.2. AFC Stage 0: Flat fares only – access control through the use of handheld validators (see paragraph 6.3) AFC Stage 1: Access control through the use of electronic gates (see paragraph 6.4) AFC Stage 2: Access control on feeder buses through the use of permanently mounted validators (see Clause 6.5) AFC Stage 3: Full fare structure functionality (see Clause 6.6) Description of the AFC system when fully implemented Passengers will travel using EMV (Europay / Mastercard / Visa) compliant contactless smartcards only. These cards will be able to be purchased at selected station kiosks or selected retail outlets, or possibly through the use of vending machines located at some of the stations. The topping-up of cards with cash and transit products (which could include weekly and monthly “tickets”, as well as personalised concessionary tickets) will be able to be done at selected station kiosks, retail outlets, or City cash offices, through electronic banking or through the use of ATM machines and in the future, possibly, through card vending machines. The AFC contractor, contracted by the City, is responsible for creating and operating the electronic and equipment parts of the AFC system. The supply and installation of all AFC related hardware and software, such as access gates and card readers for the deduction MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 229 of fares from the cards1, at the stations and on the feeder buses will be done by the AFC Contractor – the ownership of this hardware and software transferred to the City by the AFC Contractor at the end of the 7 year AFC contract, and will thus be owned by th AFC Contractor until that point. Figure 6.1 shows the overall functionality of the City’s AFC system once fully implemented – distance based fares will be automatically calculated and debited from the smartcard as the passenger ‘taps’ on and off (or in and out of) the system. 6.2.1. Using smart cards The City’s AFC system has been specifically designed to capitalise on recent developments in the banking industry, and to integrate with their emerging systems. In South Africa, South African banks have been issuing contactless cash, or ‘e-purse’, cards to bank account holders since April 2010. These cards can be issued to a bank’s own clients (referred to as ‘account-based cards’), or can be issued anonymously (referred to as ‘non account-based cards’ or ‘anonymous cards’). In terms of government regulations, in case of anonymous cards the maximum cash value that can be loaded onto the card at any one time is R1500.00, with a maximum monthly cash turn-over being R3 000.00. These cards allow for transactions of up to R200 to be made without having to go online to the bank or be verified by signature or PIN, as is currently the case with all debit and credit card transactions. Such low value type transactions qualify for the exemption from the Financial Intelligence Centre Act, granted by the Minister of Finance.2 These restrictions do not applying to account-based cards – where there are no maximum balances or loading limits. Special MyCiTi MyConnect anonymous contactless e-purse cards ares being issued by the City, in cooperation with the City’s current banker, ABSA bank, who won the tender. These cards will be available from MyCiTi station kiosks, certain City cash offices, the City’s current banker (ABSA bank) and retail outlets. These cards also subject to the financial restrictions described above, but the extensive requirements for issuing account-based cards do not apply to them. 1 Hardware to be supplied includes EMV compliant Fare Media Readers, EMV certified Wi-Fi and GPRS enabled contact and contact-less handheld Fare Media Readers/writers, smartcard readers, Mobile Fare Media Validators, electronic cash boxes for feeder buses and EMV compliant card vending machines, electronic value and transit product loading terminals, as well as the electronic and communication hardware and software to run the fare system. 2 Exemption In Terms Of Financial Intelligence Centre Act, 2001 (Act No. 38 OF 2001) Government Notice 454 of 28 May 2010. MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 230 The use of both account based and anonymous smartcards in preference to cash is expected to become widespread, with a wide range of retailers set to introduce systems to accept these contactless payment cards issued by the banking industry. There is significant benefit to retailers, since it reduces the notes and coins which pose security risks. Cape Town IRT AFC Figure 6.1 – the City’s fully implemented AFC system MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 231 Any EMV compliant contactless smartcard issued by the banking industry, which is shortly to become the standard with all new cards issued in South Africa, can be used on the MyCiTi bus system, where electronic access facilities are available. All EMV compliant contactless card issuers have agreed that, in addition to e-purse functionality, they will incorporate the electronic data structure as defined by the National Department of Transport. This means that apart from being able to load cash onto the card, the card holder will also have the capability of purchasing ‘transit products’, or electronic prepaid tickets, as defined and sold by public transport operators such as MyCiTi. A transit product could, for example, be a set of “tickets” for the week comprising a specified number of trips for a particular distance or a ticket allowing multiple trips within a fixed period of time i.e. per day, week or month. The MyCiTi card validators will be programmed to only deduct cash value from the card’s e-purse if there are no valid transit products stored on the card for the trip to be made by the passenger. Should there be a valid transit product for the passenger’s trip, the card validator will deduct the trip from the transit product part of the memory chip on the card – in the case of a multi-trip fixed period pass, allow access if the pass has not yet expired. A mechanism is still being developed to deal with passengers making use of the MyCiTi bus system who have insufficient funds on their card’s e-purse and no stored transit products. The integration of the City’s MyCiTi AFC system with that of the banking industry’s newly developed banking standard’s, has placed the MyCiTi fare system at the forefront of modern fare system technology. It has only been made possible as a result of the establishment of agreements between all the participating banks in South Africa, and their cooperation with the National Department of Transport. This has not only made it more convenient for the implementation of an AFC system, but has also lightened the financial burden in that the City’s AFC system will not have to maintain costly back office IT payment systems such as those implemented worldwide. 6.2.2. How does the money get to the City? When the card is used to gain access to a MyCiTi station or feeder bus, the fare is deducted from the card as described in paragraph 6.2.1 and a record of the transaction is stored on the validator. At the end of the day after the last bus Service has ended, all the transactions stored on the validator will be sent via the network to the back office at the TMC where they will again be sent, via the network, to the ABSA backoffice for reconciliation into the City’s bank account. Since a flat fare structure will be implemented during Milestone 0 with all fare deductions being made from the card’s e-purse, the City will only receive payment for its service the night of the following day. Thus, when fares are deducted from the card’s e-purse the City only receives payment after providing the service. However, when transit products are introduced (see AFC Stage 3) and sold by the City, the City will receive payment for the entire transit product purchased by the passenger the night of the following day. Thus, in the case of transit products, the City receives payment before providing most of the trips. A full audit trail with extremely high levels of security will apply to all transactions. MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 232 6.2.3. Information on passenger movements The substantial amounts of data that will be generated by the AFC system will be seamlessly transferred via the network to the AFC’s backoffice located at the TMC. It is envisaged that these data, which will include information such as number of passenger trips, time, location and passenger kilometres, will assist the City in optimising vehicle operations according to the demand. 6.2.4. Role of the AFC Contractor The AFC Contractor will be responsible for the day-to-day management of electronic fare collection system and will be expected to adhere to the MyCiTi goals of ‘good customer service and experience’ – but will not be responsible for the sales at kiosks. The contract includes for the provision of maintenance for all AFC-related hardware such as access gates, validators, value load terminals etc. As indicated, the AFC contractor is nor responsible for the general running of the kiosks, sales of MyConnect cards, load of e-purse value and of transit product, and provision of security at the stations. These functions will be the responsibility of the Station Management contractor. The AFC Contractor will be responsible for the complete implementation of the AFC system during the first three years which will include the installation, testing, commissioning and transfer of ownership to the City of all AFC related hardware and software. Once the AFC system is fully operational, the AFC Contractor will continue their responsibility of maintaining the system for a further four years. The hardware at the stations, in particular the access gates which have had to be specifically designed due to space constraints in the station, have added substantially to the overall total cost of the AFC system contract. Other factors which have also had an effect on overall cost of the AFC system are the mechanisms that have had to be included for the prevention of fare evasion, wheelchair accessibility and durability. The AFC Contractor will also be responsible for ensuring that the AFC and the Control Center (CC) systems are fully integrated. 6.2.5. Fare Evasion Mechanisms for fare evasion will be put in place by the City in order to establish fare evasion ‘hot spots’. Electronic ticket inspection machines will be used by law enforcement officers, to ensure that instances of fare evasion are picked up. Mechanisms are being put in place to ensure that the party responsible for allowing fare evaders (whether the VOC running a feeder bus, or the Station Management contractor) could be fined. MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 233 6.3. 6.3.1. AFC Stage 0: Flat fares only, access control through the use of handheld validators Description of AFC infrastructure at AFC Stage 0 Initially, a manual fare system has been used involving paper ticket and manual ticket inspections and control. This will be phased out between December 2011 and January 2012. Then all fares will be collected electronically through the use of battery operated devices known as validators (see figure alongside). The figure shows the side where the card is tapped (the EMV side) on the left and the handheld validators (located at the back of the same machine) on the right. At stations the validators will be handled by the passenger management staff, who will be responsible for access control. On feeder buses these validators will be mounted, in a way that they can still be detached, near the driver (see Figure 6.2). Figure 6.2. Mounting bracket on feeder bus for handheld validator After the last service has ended, the contractors responsible for Station Management must ensure that the validators are ‘parked’ in their cradles. When ‘parked’, the data (i.e. the fares collected) will be uploaded from the validators via the fibre network to the bank – where the reconciliation of fares takes place. This uploading of data is also referred to as ‘milking’. The cradles, located at the depot / staging area and n the kiosks at the stations, are connected to the main power supply and also serve as chargers to charge the validators. MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 234 On the feeder buses the validators will be ‘milked’ using GPRS technology, which will mean that the uploading of the data to the AFC Back Office will be done automatically and not require manual intervention. 6.3.2. Payment of fares during AFC Stage 0 Passengers will ‘pay’ for their trips using an anonymous contactless EMV compliant Smartcard by ‘tapping’ the validators. The function of the validator is to deduct, at this stage, the relevant flat fare, for either the feeder or the trunk service, from the e-purse on the Smartcard. The cash is preloaded onto the card by the passenger at, for example, a value loading terminal or an ABSA ATM machine. The flat fare structure requires that the passenger validates on entry only and not on exit to the system. This is different to later AFC stages, when the passenger may also be required to validate off when leaving the system. Passengers will be able to obtain their smartcards from the kiosks at the stations where the cards will be initialised using a value loading terminal, readying the card for the loading of cash onto the card and subsequent use on the MyCiTi System. The number of value loading terminals installed at each kiosk will depend on the space constraints. These kiosks, as with any other place capable of loading value through the use of a value loading terminal, may also be referred to as points-of-presence (POP). Passengers will also be able to obtain Smartcards and load value from certain City Cash Offices, and from selected retailers. During AFC Stage 0, passengers making use of the Airport service, which operates from the Civic IRT station only, will use one of two types of fare media: • • 6.3.3. • • • When paying the standard airport fare of R53, they will need to use the smartcard described above. When using one of the current concession fares to or from the airport (at the child fare, the monthly ticket or the bulk fare) passengers will have to purchase the relevant type of paper ticket from the kiosk. The reason for the use of paper tickets in this instance is because of the already implemented concessions provided for in the MyCiTi Tariff for this service – the AFC infrastructure for AFC Stage 0 limited to flat fares only thus rendering the system incapable of processing concessions. Responsibilities AFC Contractor is responsible for the overall hardware and software functionality of the validators, POSs, PCs and network. The Station Management contractor (and in the interim, the City’s Revenue Services) is responsible for the issuing of Smartcards, value loading and the loading of physical cash onto the card, reporting faulty equipment and the sale of tickets for the Airport Service. Station Management contractor (VOCs in the interim VO contract, and then the Station Management contractor, once appointed) is responsible for the staffing of persons validating cards using the handheld validators at the stations, and ensuring MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 235 • 6.4. 6.4.1. that the validators are parked in a cradle at the end of each persons shift and reporting faulty equipment. VOCs are responsible for reporting faulty validators on buses and for ensuring that all passengers upon boarding the bus, tap on the validators. AFC stage 1: Access control through the use of electronic gates AFC infrastructure during this stage During AFC Stage 1, electrically powered swing paddle type access gates will be installed at the trunk and feeder stations (see Figure 6.3). All fares at the stations will be collected electronically through the use of the contactless fare media readers installed onto the access gates (both directions configured) – connected internally to fare media processors installed within the turnstiles, thus replacing the handheld validators of AFC Stage 0. Figure 6.3. ‘Paddle’ type access gates with fare media reader (see right) to be mounted into the gate Fare data is automatically uploaded from the fare media on the access gates to the bank, via the fibre network, for fare reconciliation. As such, it does not require any manual intervention. Once gates are installed and operational, passengers will only be able to enter and exit the stations through the access gates. Where free transfers are allowed from feeder to trunk routes, from trunk to feeder or at closed feeder to feeder stations, the logical switch (i.e. the free transfer) between feeders and trunks or vice versa would need to be recorded trhough hand-held validators, as in AFC Stage 0. Once passengers enter the station, or closed system, through the access gates, no further validation is required when boarding the bus from the station. Similarly, passengers exit the station through the access gates and are not required to validate on the bus before MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 236 alighting. Whenever a feeder bus arrives at the closed system, passengers will usually alight from the door on the right. With respect to the feeder buses, the process for the electronic collection of fares during this stage remains unchanged. 6.4.2. Payment of fares The process for the payment of trips by passengers during this stage remains the same as in AFC Stage 0. 6.4.3. • • • • 6.5. 6.5.1. Responsibilities during AFC Stage 1 AFC Contractor: responsible for the overall hardware and software functionality of the access gates, validators, POSs, PCs and network Station Management contractor (VOCs in the interim VO contract, until the Station Management contractor is appointed): responsible for ensuring passengers use access gates correctly and do not try and evade it, for example by jumping over the gates; if an access gate is faulty redirecting passengers to another gate; if no gates operate appropriately, responsible for setting the gate to open and using a handheld validator to monitor access instead; reporting faulty equipment; and ensuring that the handheld validators (used as backup) are parked in a cradle at the end of each persons shift. VOCs: responsible for ensuring that the drivers of feeder buses park their validators into the cradles at the Depot / Staging Area and reporting faulty validators. Also, for ensuring that all passengers upon boarding feeder buses, tap on the validator. Revenue Services: responsible for the issuing of Smartcards, value loading and the loading of physical cash onto the card, reporting faulty equipment and the sale of tickets for the Airport Service (until Station Management contract is appointed). AFC Stage 2: Access control on feeder buses through the use of permanently mounted validators Description of AFC infrastructure During this stage, all the detachable battery operated validators on the feeder buses will be replaced with electrically powered (from the bus) and GPS enabled permanently mounted validators (see Figure 6.4). MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 237 Figure 6.4. Permanently mounted bus validator Fare data will automatically be uploaded from the fare media installed in the validator to the bank, via GPRS, for fare reconciliation. Therefore no human intervention will be required. With respect to the stations, or closed systems, the process for the electronic collection of fares during this stage remains unchanged. 6.5.2. Payment of fares The process for the payment of trips by passengers during this stage remains the same as for AFC Stages 0 and 1. Electrically powered card vending machines may be installed at selected stations. Although these card vending machines have the capability of activating cards and loading value, for security reasons these machines will be for the sale and dispensing of cards only, and will mainly serve to maximise customer convenience and minimise waiting times at kiosks – card activation and value load will still need to be done as per AFC Stage 0 (see paragraph 6.3.2). 6.5.3. • • • Responsibilities during AFC Stage 2 • AFC Contractor: responsible for the overall hardware and software functionality of the access gates, validators, POSs, PCs and network Station Management contractor (VOCs in the interim VO contract, until the Station Management contractor is appointed): same as para 6.4.3. VOCs: Ensure that all passengers upon boarding the bus, tap on the validator and receive an acknowledgment signal (in the form of a particular sound) back from the validator; report faulty validators; ensure feeder vehicles are staged in a location allowing data to be downloaded to the network using wireless connectivity or GPRS. Revenue Services: responsible for the issuing of Smartcards, value loading and the loading of physical cash onto the card, reporting faulty equipment and the sale of tickets for the Airport Service (until Station Management contract is appointed). Also, the cash reconciliation process with respect to the vending machines, as well as supplying the vending machines with cash. MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 238 6.6. 6.6.1. AFC Stage 3: Full fare structure functionality Description of AFC infrastructure In this stage, a fully operational back office at the Traffic Management Centre (TMC) will be completed thus enabling the full fare system to be implemented. This also means that all AFC infrastructure, described in AFC Stages 0, 1 and 2, can be accessed remotely from the back office via the fibre network. This includes, for example, selecting functions such as changing the direction of validation on access gates and the updating of fare rules onto the fare media. The infrastructure at the stations and on the feeder buses remains the same as in AFC Stage 2. However, the planned distance-based fare structure, unlike the flat fare structure of AFC Stage 0 to 2, will require that passengers validate on entry and exit to the system. Since this would significantly slow down passenger throughput on the feeder buses, an additional permanently mounted validator, for validating on exit, will be installed – the location for its installation on the feeder bus is still to be determined. The calculation for distance-based fares is made possible by the GPS capability of the fare media and the existence of the back office. 6.6.2. Payment of fares Passengers will be able to take advantage of a fully automated fare collection system, which will include all forms of transit products, various concessionary fares, distance based fares and card personalisation. The paper ticketing system for passengers making use of the Airport service, which operates from the Civic IRT station only, will be replaced by the EMV compliant contactless Smartcard. 6.6.3. • • • • Responsibilities AFC Contractor: responsible for the overall hardware and software functionality of the access gates, validators, POSs, PCs, network and back office. Station Management contractor (VOCs in the interim VO contract, until the Station Management contractor is appointed): same as para 6.4.3. VOCs: Ensure that all passengers upon boarding the bus, tap on the validator and receive an acknowledgment signal (in the form of a particular sound) back from the validator; report faulty validators; ensure feeder vehicles are staged in a location allowing data to be downloaded to the network using wireless connectivity or GPRS. Revenue Services: responsible for the issuing of Smartcards, value loading and the loading of physical cash onto the card, reporting faulty equipment and the sale of tickets for the Airport Service (until Station Management contract is appointed). Also, the cash reconciliation process with respect to the vending machines, as well as supplying the vending machines with cash. MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 239 7. Control centre 7.1. Introduction This chapter describes the initial characteristics of the Control Centre (CC) for Milestone 0, and how it will develop during the period leading up to February 2012. It also provides some detail regarding the roles of the following: • • • • • The City’s Transport Controller / Manager: Operations; Province, in providing interim tracking services; the CC contractor, including deadlines / timelines for Milestone 0; the VOCs; Revenue Services (in the interim, until the Station Management contractor is appointed). The various stages of implementation for the CC are categorised in this chapter as follows: • • • • 7.2. CC CC CC CC Stage Stage Stage Stage 0: 1: 2: 3: Tracking through the use of the Provincial tracking system (see par 7.3) Parallel tracking systems - Province and CC (see par 7.4) Provincial system fully replaced by City’s CC (see par 7.5) Full control centre functionality (see par 7.6). Description of the CC system when fully rolled out The following two functions should be distinguished: • • The Control Centre contractor (CCC) is the contractor responsible for installing ITS equipment regarding tracking, controlling and security on buses and in stations, and for building a facility in the TMC from which the system will be monitored. This contractor will also be responsible for maintenance and fault correction for the full CC contract period, which will be up to seven years. The Operations Control Centre (OCC) is the facility initially installed by the CCC but once installed is operated by the IRT Operations Department (or the CCC for an initial period of up to 2 years). The figures immediately below show the various features of bus intelligence that are likely to be available on trunk and feeder buses. The following figure shows in more detail the Intelligent Transport System (ITS) infrastructure that is envisaged for the trunk vehicles. MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 240 Cape Town IRT IRT Bus Intelligence MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 241 Trunk Buses (ITS Concept of Operations): • GPS Tracking and AVL at all times • No on-board ticket sales On-board CCTV (recorded) • On-board PA for driverto address passengers Route displ ayed on front of bus • On-board infotainment (Opti onal) Driver “pani cbutton" • GPRS, Tetra, WiFi links to TMC for AVL and tracking Hi gh bandwidth Wi Fi linksto network in depots • Radio communication with traffi csi gnals. Activationof trafficsignal link to be controlled fromcentral control or Local • Monitoringof vehicle mechanics and driver performance (recorded) • Communi cation with dri ver, visual and/or audible • Dynamic audio and video of “Next Station”and “Time to Next Stati on” • WirelessDocking in Depot –download all recorded i nfo, upload infotainment • No automatic docking guidance. P ASS ENGER PA & AU DIO (B y Others) Tetra PASSENGER ENTERTAIN MENT DISPLAY (By Others) 3G Modem Wi-Fi ROU TE DISPLAY (By Others) DRIVER AUDIO On- Board CC TV (Cameras by other s) Weight Monitoring (By Others) PANIC ALARM (ByOthers) DRIVER VIDEO D ISPLAY (By Others) NETWORK SWITC H MEDIA SERVER MACHINERY MONITORING (By Others) GPS PASSE NGER INFOR MATION DISPLAY UNITS (By Others) Auto Door Opening synchedw ti h Station Doors (By Others) CoCTIRT Intelligent Transport System Dg i ital VideoRecorder ON BOARD VLU (PassengerInfo, Schedule,AVL Tracking,Data) Mobile D ata Terminal TRANSPONDER Trunk Bus ITS Architecture 4 The technology provided by the CCC forms a key part of the strategic management of the system – see Figure 7 for an overview of the technology. Through Global Positioning Systems (GPSs) the tracking system will monitor all vehicles in real time - the information used by the Operations Control Centre or the operators to direct and control overall bus operations. It will enable the optimisation of the overall bus service through the analysis of the data in particular passenger demand, which will enable the reconfiguring of services on a regular basis to better suit passenger needs and maximise revenue in relation to kilometres driven, while maintaining set minimum standards. The City will enter into a contract with a CC contractor, which will be responsible for the supply of the fleet management system (both equipment and the software). MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 242 Figure 7. ITS Bus network architecture generally supplied by CC contractor Cape Town IRT IRT Bus Network Architecture This contract will include: • • • • • • • the supply of CCTV systems in the stations buses and, possibly, at some of the feeder stops (the bulk of the CCTV system along the route will be installed under the infrastructure contracts) – see Figure 8, the supply of a passenger information system – see Image 1 (control terminal, software and displays in vehicles and at trunk and some feeder stations), the provision of communication (telephone and radio) between the stations, passenger information points and the control centre, provision of computer-aided dispatching, bus scheduling and maintenance Figure 8. Security infrastructure at busways, stations and stops software, and the provision of various services Internal Internal Cameras Station Camerasalong alongroute route Station such as training, Surveillance Surveillance Survei Surveil lance ance Trunk TrunkStations Stations maintenance, Feeder Feeder General General Stops Station software Stops Station ITS ITS Surveillance Surveillance upgrades, etc. To Totitieei into ntoBackbone Backbone linking linkingto toTMC. TMC. AF CC AF Sur veillance Fiber –C vi il Work s Contrac t Sur veillance Fiber –C vi il Work s Contrac t ITS Fiber – Civil W orks C ontract ITS Fiber – Civil W orks C ontract AFC Fiber –C ivil Work s Contrac t AFC Fiber –C ivil Work s Contrac t MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 243 Image 1 – Passenger Information Board to be installed on each platform at every station The contractor will also have to install other equipment on the vehicles, such as the GPS transponders and on-board computers. It will be required to set up and equip an operations control centre in the TMC and make sure there is smooth communication between all. The CC contractor will be responsible for maintaining the above system for a contracted period of 7 years, including replacement of any faulty or damaged equipment and upgrading of software. As indicated above, the Operations Control Centre will be run by the MyCiTi Operations Management Unit. This Centre will be doing the actual controlling, monitoring and scheduling of the bus services. The CC contractor could operate the Operations Control Centre during the first 12 to 24 months of operation, depending on the readiness of the MyCiTi Operations Management Unit. A testing-training period will take place prior to the hand-over to MyCiTi officials. Once all the hardware and software systems are operational, the CC contractor will have a continuing role for a further six years in maintaining the hardware and software systems and possibly operating the control centre system on behalf of the MyCiTi Operations Management Unit. There will be some integration required between the CC and AFC Contractor’s contracts. The CC contractor must ensure that it can supply information according to protocols as will be determined by the AFC Contractor. The AFC Contractor will be ultimately responsible to ensure integration, and the CCC must comply with the AFC Contractor’s directives in this regard. 7.3. 7.3.1. Stage 0: Tracking through the use of the NETSTAR tracking system Introduction MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 244 Role of the Transport Management Centre The operations nucleus of the MyCiTi service will be housed in the Transport Management Centre (TMC) in Goodwood. The TMC facility was designed and constructed to accommodate 24/7 operations in an easily accessible user-friendly but secure environment. Twenty-two operator workstations for the management of MyCiTi bus operations have been allocated in the TMC’s Core Operations Area (COA) where MyCiTi operations will function adjacent to other essential Cape Town Transport and Traffic operations, including Freeway Management, Urban Traffic Control and Traffic Services. The Metropolitan Police Department is housed one level up but will monitor MyCiTi CCTV cameras in a dedicated surveillance area next to the COA on the first floor. This accommodation arrangement ensures direct and immediate contact between critical stakeholders in Public Transport, Traffic and Safety-and-Security operations. Back office space for fare collection and other MyCiTi operations has been provided in an area directly adjacent to the COA. Office space for MyCiTi planning functions – 11 closed offices and a boardroom – has been allocated on the second floor. The Transport Information Centre (TIC), currently responsible for the collection and dissemination of public transport information in Cape Town, is situated on the first floor behind the COA. The current two-storey TMC building was constructed to accommodate a third storey if/when required by expanded MyCiTi operations in future. The COA has a large video wall display shared between the different operational entities in the area, but this wall will be extended as part of the Control Centre Contract to make a dedicated area available for MyCiTi operations. Bus schedules, tracking information and CCTV footage will typically be displayed in this video wall. The MyCiTi operators in the TMC’s COA will have direct communications links with buses and stations and will collect, process and disseminate MyCiTi management and operational information. Operators in the TMC will monitor bus progress per pre-planned and approved schedules and can intervene where/when necessary and will contribute to incident management processes where MyCiTi services are affected. A call centre will be in operation that will deal with the maintenance issues and queries for the (infrastructure) equipment on stations and on buses related to the Control Centre and Automated Fare Collection (AFC) contracts. A specialised server room – the hub of the citywide MyCiTi communications backbone – will house all the centralised MyCiTi hardware and software. The intended implementation of the Control Center (CC) contractor for Milestone 0 was delayed due to an appeal against the appointment of the CC contractor selected through the City’s procurement process. As a result, vehicle tracking at the start of Milestone 0 will be done through the use of the City’s existing Vehicle Fleet Management System – NetStar. 7.3.2. CC infrastructure during CC Stage 0 To perform the vehicle tracking function, each of the 42 buses has been equipped with an electronic tracking device. This device records a GPS position of each vehicle which is transferred to Netstar’s back office, located in Goodwood, via GPRS every 30 seconds. Regular reports, using this GPS information, are generated via the back office to enable the City to determine whether vehicles were used on scheduled routes and in compliance with the timetable times, as per the City’s service notices to VOs, and to determine scheduled kms operated that the VOCs should be paid for. Thus, the schedules must loaded / updated onto the system in the back office regularly and correctly. With respect to surveillance, there are presently a total of 100 fully operational Cameras installed outside the stations and along the dedicated busway – each station has cameras focusing along the sides of the station, at gates, the station doors, and at other important areas. MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 245 Recordings are stored for 30 days and the City can retrieve ad hoc images within 30 minutes of incidents. No cameras internal to the stations will be installed during CC Stage 0. Consoles have been set up and installed with the relevant camera monitoring software at the TMC – the City plans to have this fully operational by 1 April 2011. 7.3.3. Responsibilities • Operations manager – this is the City Official with the authority to act on behalf of the City, in particular with respect to Service Notices and decisions regarding operations, subject to contractual notice to the service providers as to whom they may deal with; • NETSTAR – responsible for the overall hardware and software functionality of the tracking devices and the back office; • Vehicle Operator – responsible for: o keeping Netstar updated with the correct schedules (copy Transport Controller); o submitting to the Transport Controller on a daily basis completed trip sheets showing departure time of each trip, as a backup. o own controlling such as the scheduling of changes, late buses etc., until the City’s Operations Control Centre take effect. • City-appointed inspector – responsible for checking whether the clocks have been synchronised. 7.4. 7.4.1. CC Stage 1: Parallel tracking systems - NETSTAR and CC CC infrastructure during CC Stage 1 During this stage, the City’s CC System will replace the NetstarTracking system. However, the two systems will operate in parallel until such time that: • • All MyCiTi buses equipped with the Netstar tracking units have been replaced with the City’s Vehicle Logic Units (VLU, see Image 2) units (buses only available for access when out of service) and, The CC back office, located at the TMC, is set up for receiving data from the VLUs – which will then allow the City to track the movement of its own buses, review schedule adherence and recognize possible obstacles that could prevent buses from reaching their destinations in a timely manner, and control the buses. Image 2 – Vehicle Logic Unit tio be installed on all existing buses MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 246 Through the implementation of technology known as Unstructured Supplementary Service Data (USSD) and Mobi, passengers will be able to receive updated time table information for all the Milestone 0 Services via their cell phones using a short code (in the case of USSD) or a URL (in the case of Mobi). Security Surveillance through CCTV cameras (see Image 3) will be installed inside of the stations. These cameras will be linked to the Control Centre CCTV servers with operator work stations and terminals via the existing fibre network. The control of these internal cameras and management of video feeds will be done with the relevant software which will also manage the storage and retrieval of all video data – operators for the monitoring of these cameras are still to be determined. Image 3 – CCTV Camera to be installed in stations MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 247 7.4.2. • • • • • 7.5. 7.5.1. Responsibilities Operations manager – this is the City Official with the authority to act on behalf of the City, in particular with respect to Service Notices and decisions regarding operations, subject to contractual notice to the service providers as to whom they may deal with; NETSTAR – responsible for the overall hardware and software functionality of the tracking devices and the back office; CC Contractor – responsible for the overall hardware and software functionality of the AVLs and the back office. Also, controlling the VO such as the scheduling of changes, late buses etc.; Vehicle Operator – responsible for: o keeping Netstar and CC Contractor updated with the correct schedules (copy Transport Controller); o submitting to the Transport Controller on a daily basis completed trip sheets showing departure time of each trip, as a backup. o own controlling such as the scheduling of changes, late buses etc., until the City’s Operations Control Centre take effect. City-appointed inspector – responsible for checking whether the clocks have been synchronised. CC Stage 2: NETSTAR system fully replaced by City’s Control Centre Description of CC Infrastructure As of the start of CC Stage 2, the CC will have fully replaced the Netstar System. The following ITS technologies will be installed: • • • • 7.5.2. • Computer-Aided Monitoring/Dispatching (CAMD) and Scheduling: This technology will improve the efficiency and accuracy of operations, the speed of emergency response and the communication between dispatch and operators; Radio Services: These will be used for communications between service personnel control centre operations and emergency services; Mobile Data Terminals: These allow two-way communication between the control centre and drivers via a digital display and provide an on-board operations console for the operator that can include schedule or route changes as well as weather and traffic information; GPRS/3G communications with the buses to upload and download bus information and positions of the bus. Responsibilities Operations manager – this is the City Official with the authority to act on behalf of the City, in particular with respect to Service Notices and decisions regarding operations, subject to contractual notice to the service providers as to whom they may deal with; MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 248 • CC Contractor – responsible for the overall hardware and software functionality of the ITS Technologies and the back office. Also, controlling the VO such as the scheduling of changes, late buses etc; • Vehicle Operator – responsible for: o keeping the Province and CC Contractor updated with the correct schedules (copy Transport Controller); o submitting to the Transport Controller on a daily basis completed trip sheets showing departure time of each trip, as a backup. o own controlling such as the scheduling of changes, late buses etc., when the City’s Operations Control Centre is down. o providing the electrical wiring diagram for the bus to the CC Contractor; • City-appointed inspector – responsible for checking whether the clocks have been synchronised. 7.6. CC Stage 3: Full CC functionality 7.6.1. Description of CC Infrastructure In this final stage, a fully operational back office at the TMC will be completed thus enabling the full CC System to be implemented. The following ITS Technologies to be installed: • • • 7.6.2. Automated Stop Annunciation (ASA): This uses electronic reader boards/Dynamic Signs and public address speakers on board the vehicles to announce the next stop along a route using both visual and audio tools; Advanced Traveller Information Systems (ATIS): These include real-time traveller information displays and interactive voice response systems. Real-time travel information displays provide customers with real-time bus arrival information at the bus stations (trunk routes), on board vehicles and at some strategic stops; On-board entertainment/advertising through large screen and on-board media servers. Responsibilities Same as for CC Stage 2. MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 249 8. Other services by City departments The contents of this chapter is based on the MyCiTi team’s provisional views, after initial meetings with the relevant City departments, but is still subject to final comment and signoff by the relevant City departments. The operations of MyCiTi will require the support of other departments of the City in order to function according to its operational plan, both during the short term interim start-up phase for which this document is aimed, and during the longer term when all contracts have been concluded according to the MyCiTi Business Plan. The principal departments which will provide services to MyCiTi in the long term through service level agreements are the Safety and Security Department, the Cleansing Department, the City Parks Department and the Directorate of Roads and Stormwater residing within Transport Roads and Stormwater. In the short term the Revenue Services component of the Department of Finance will provide the function of ticket sales and other related services.. 8.1. Surveillance using CCTV cameras The principal purpose of providing CCTV cameras and surveillance monitoring of bus ways and stations is to ensure as far as possible the safety of passengers using the service and the protection of assets forming the MyCiTi infrastructure. The Strategic Surveillance Unit (SSU) component of the Department of Safety and Security is responsible for monitoring an extensive network of CCTV cameras throughout the City. This network is being extended to cover MyCiTi bus ways and stations. Some cameras are still to be installed, in particular those that will be located inside stations (which may only be installed during the period of the interim service), and for dedicated busways not yet built. All external fixed and pan-and-zoom cameras associated with the stations between Civic and Table View have been installed and are functioning. These are linked to the TMC in Goodwood. These cameras are be manned by personnel supplied by SSU under a service level agreement to be finalised between MyCiTi Operations Directorate and the SSU. Any incident or potential threat to the safety of passengers, staff or infrastructure is reported by the SSU staff monitoring the CCTV cameras at the TMC and reported to the Response Unit and the personnel at or near the station where the incident occurs. The Station Management Contractor, once appointed will establish a station management surveillance unit at the TMC to take over the monitoring of CCTV cameras in the stations and within the station precincts. Their primary role is to identify potential incidents, accidents and crime within areas being surveyed and report them to the SSU who will take control of the cameras for the duration of the incident. MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 250 8.2. Response unit The Directorate of Safety and Security’s Metro Police form the core of a Response Unit deployed according to an operational plan to ensure that an incident is followed up in the shortest possible time. The Response Unit consists of dedicated officers deployed at stations and on buses solely to attending to the needs of the MyCiTi project and is not used for other City-wide functions unless with the approval of the MyCiTi Operations Directorate, and in unusual circumstances. The Response Unit is alerted by SSU staff detecting incidents through the CCTV surveillance, or by VO or station management staff. Members of the Response Unit are trained Metro Police officers equipped and trained to handle incidents and to apprehend and bring suspected criminals to justice. 8.3. Enforcement of parking or driving in bus lanes: Traffic police The Directorate of Safety and Security’s Traffic Services component provide a unit of traffic officers dedicated to traffic enforcement related to MyCiTi services, under a service level agreement to be finalised between Traffic Services and MyCiTi Operations Directorate. The MyCiTi traffic enforcement unit is responsible to ensure the effectiveness of preventing, wherever possible, illegal use of dedicated bus lanes by parking or driving by unauthorized vehicles. Vehicles found using bus lanes should be apprehended and issued with fines in accordance with Traffic laws and the City’s further by-laws. 8.4. Enforcement re illegal parking: Traffic police It is intended that parking demand near to stations and stops, generated by the MyCiTi service, will be identified and formal arrangements made for these vehicles to park in an orderly manner. The process of such identification will be undertaken during the period of Milestone 0 operations, and it is intended that parking lots and curbside bays will be demarcated and persons parking in such bays levied with parking fees. During Milestone 0, when such measures are in the process of being put in place, it is proposed that traffic officers of the MyCiTi traffic enforcement unit will ensure that vehicles parking illegally on roads, sidewalks and verges near stations and creating a nuisance to neighbouring homes and properties will be dealt with. 8.5. Protection of buses and stations Personnel who undertake the security function provided as part of the Station management function will carry out the principle function of protecting the station assets and other MyCiTi infrastructure, such as CCTV cameras and street furniture. The VOCs are responsible for security of buses, at its depots and staging areas assigned to them. These tasks will be undertaken in co-ordination with SSU through camera surveillance, which will serve to alert security guards to potential incidents. The decision on the appropriate response to an incident that occurs will be made in consultation with the Response Unit, when it may be decided that members of Metro Police comprising that unit MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 251 may come out to assist security guard to deal with incidents beyond their competency or powers. 8.6. Cleaning external areas and refuse MyCiTi provides bins external to stations that are cleared by the Cleansing Department on a regular basis. Certain areas outside the operation area of the Cleansing Department must be dealt with by the Station Management contractor, and the refuse deposited in a remote dump. An agreement with the Cleansing Department will identify the locations where Cleansing and MyCiTi are responsible, and the extent of these duties. 8.7. Maintenance of busway and cycle ways During Milestone 0, and until the Station Management contract commences, all cleaning, upkeep of landscaping, repair and maintenance of roadways, cycle ways and street furniture outside of City prescribed station precincts will be undertaken by the City unless such work can be attributed to direct actions or negligence of a third party. Once the Station Management contract commences, it will undertake the maintenance and upkeep of landscaping and the cleaning of cycleways, while the City will continue with the other repair and maintenance of infrastructure, as defined in more detail in the table below. The cleaning of bus ways is described in Chapter 5. Maintenance responsibilities of responsible City departments Function Description Responsible Department the City of Stations The repair and where necessary the replacement City Directorate of of major elements of stations due to wear and TR&S tear, malfunction, accidents, vandalism or crime. Such elements include the structural components, glass cladding, roofing, flooring and moving parts. Of particular importance is the need for quick response to the repair of damaged or malfunctioning components of stations essential to the operation of stations and buses, such as sliding doors, roller shutter doors and wet and dry services. The City will maintain any signs, markings and displays in and around the station. Depots The routine repair and maintenance of structures, City Directorate of buildings, walls, fencing, hard surfaces in the TR&S event of failure, accidents or vandalism beyond the control of VO companies. Building maintenance will include repair of walls, roofing, MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 252 windows, wet and dry services and any other structure in the depot. Landscaping within depots may be maintained by the City through the maintenance undertaken by the building contractor during the course of the defects liability period after the construction of the depot. Where damage is caused by the VO company, or any service provider contracted by the VO company concerned, such repair or replacement will be undertaken by the City for the account of the VO company. Maintenance and repair of Roadway and cycleway pavements The repair and where necessary replacement of City Directorate of sections of the busway and cycleway pavements TR&S due to untimely failure or damage, including the subsurface layers, premix surface and any kerbing associated with the bus ways and cycle ways. Included is the repair and maintenance of intersection areas where the busway crosses. The City will perform repairs and replacements of these elements in event of damage caused by accidents, vandalism or crime. Maintenance and repair of street furniture, signs and markings The repair and where necessary the replacement City Directorate of of streetlights, road traffic signs and markings TR&S associated with the busway, pedestrian crossings and intersections, any benches, poles supporting refuse bins and any other structures. Traffic signal systems and hardware associated with such signals. Responding to the malfunction of traffic signal City Directorate of systems at traffic intersections or pedestrian TR&MP crossings, the adjustment of the timing and upgrading of such systems, and the repair and replacement of such equipment in the event of accidents, vandalism or crime. 8.8. Revenue Services Initially the City’s Revenue Services take responsibility for the sale of tickets and EMV smart cards and the loading of value and physical cash onto the card, through the use of value loading terminals as described in Chapter 6, at all the station kiosks. All City Revenues Services responsibilities will be taken over by the Station Management Contractor once appointed. MyCiTi Phase 1 and 2 Background to MyCiTi IRT – Issued without prejudice (November 2011) 253