High Speed Blowers Maintenance Tender For City of Cape Town

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CONTENDER DOCUMENT

GOODS AND SERVICES


SUPPLY CHAIN MANAGEMENT
SCM - 542 Approved by Branch Manager: 03/04/2020 Version: 8 Page 1 of 162

TENDER NO: 261S/2020/21

PROVISION OF BACKUP MAINTENANCE SERVICES ON AERATION BLOWER SYSTEMS AT


VARIOUS CITY SITES

CONTRACT PERIOD: FROM DATE OF COMMENCEMENT UP TO 30 JUNE 2023

VOLUME 1: TENDERING PROCEDURES


CLOSING DATE: 23rd Febuary 2021

CLOSING TIME: 10:00 a.m.

TENDER BOX 149


NUMBER:

TENDER FEE: R200 Non-refundable tender fee payable to City of Cape


Town (CCT) for a hard copy of the tender document. This
fee is not applicable to website downloads of the tender
document.

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

TRADING AS (if different from above)

NATURE OF TENDER OFFER (please indicate below)

Main Offer (see clause 2.2.11.1)

Alternative Offer (see clause 2.2.11.1)

TENDER SERIAL NO.:


SIGNATURES OF CITY OFFICIALS
AT TENDER OPENING
1
2
3

1
TABLE OF CONTENTS

VOLUME 1: THE TENDER ............................................................................................................................................. 4

(1) GENERAL TENDER INFORMATION.......................................................................................................................... 4

(2) CONDITIONS OF TENDER ....................................................................................................................................... 5

VOLUME 2: RETURNABLE DOCUMENTS .................................................................................................................... 24

(3) DETAILS OF TENDERER......................................................................................................................................... 24

(4) FORM OF OFFER AND ACCEPTANCE ..................................................................................................................... 26

(5) PRICE SCHEDULE .................................................................................................................................................. 29

(6) SUPPORTING SCHEDULES .................................................................................................................................... 45


SCHEDULE 1: CERTIFICATE OF AUTHORITY FOR PARTNERSHIPS/ JOINT VENTURES/ CONSORTIUMS..................................................... 45
SCHEDULE 2: DECLARATION FOR PROCUREMENT ABOVE R10 MILLION ......................................................................................... 46
SCHEDULE 3: PREFERENCE SCHEDULE .................................................................................................................................... 48
SCHEDULE 4: DECLARATION OF INTEREST – STATE EMPLOYEES (MBD 4 AMENDED) ....................................................................... 53
SCHEDULE 5: CONFLICT OF INTEREST DECLARATION ................................................................................................................. 56
SCHEDULE 6: DECLARATION OF TENDERER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES (MBD 8) ............................................. 57
SCHEDULE 7: AUTHORISATION FOR THE DEDUCTION OF OUTSTANDING AMOUNTS OWED TO THE CITY OF CAPE TOWN......................... 60
SCHEDULE 8: CONTRACT PRICE ADJUSTMENT AND/OR RATE OF EXCHANGE VARIATION .................................................................. 61
SCHEDULE 9: CERTIFICATE OF INDEPENDENT TENDER DETERMINATION ........................................................................................ 66
SCHEDULE 10: LOCAL CONTENT DECLARATION / ANNEXURE C ................................................................................................... 67
SCHEDULE 11: PRICE BASIS FOR IMPORTED RESOURCES ............................................................................................................ 74
SCHEDULE 12: SCHEDULE OF PRE-QUALIFICATION CRITERIA SUB-CONTRACTORS ........................................................................... 75
SCHEDULE 13: LIST OF OTHER DOCUMENTS ATTACHED BY TENDERER ........................................................................................... 76
SCHEDULE 14: RECORD OF ADDENDA TO TENDER DOCUMENTS .................................................................................................. 77
SCHEDULE 15: INFORMATION TO BE PROVIDED WITH THE TENDER ............................................................................................... 78
SCHEDULE 15A: KEY PERSONNEL.......................................................................................................................................... 79
SCHEDULE 15B: TENDERING ENTITY TRACK RECORD ................................................................................................................ 82
SCHEDULE 16: LOCAL WORKSHOP CHECKLIST......................................................................................................................... 83
VOLUME 3: DRAFT CONTRACT .................................................................................................................................. 86

(7) SPECIAL CONDITIONS OF CONTRACT ................................................................................................................... 86

(8) GENERAL CONDITIONS OF CONTRACT ................................................................................................................. 96

(9) FORM OF GUARANTEE / PERFORMANCE SECURITY ............................................................................................106

(10) FORM OF ADVANCE PAYMENT GUARANTEE.....................................................................................................109

(10.1) ADVANCE PAYMENT SCHEDULE (NOT APPLICABLE) .......................................................................................111

(11) OCCUPATIONAL HEALTH AND SAFETY AGREEMENT .........................................................................................112

(12) INSURANCE BROKER’S WARRANTY (PRO FORMA) ............................................................................................113

(13) SPECIFICATION(S) .............................................................................................................................................114

(14.1) MONTHLY PROJECT LABOUR REPORT (EXAMPLE) ..........................................................................................151

(14.2) BBBEE SUB-CONTRACT EXPENDITURE REPORT (PRO FORMA) ......................................................................153

(14.3) PARTNERSHIP/ JOINT VENTURE (JV) / CONSORTIUM/ EXPENDITURE REPORT (PRO FORMA) .......................154
ANNEXURE 1: BLOWERS MAINTENANCE SCHEDULES .......................................................................................................... 155
1 HIGH SPEED CENTRIFUGAL BLOWERS ..............................................................................................................156
2
1.1 MAINTENANCE ACTIVITIES: ELECTRICAL................................................................................................................... 156
1.1.1 Weekly Maintenance Activities: Electrical ............................................................................................ 156
1.1.2 Monthly Maintenance Activities: Electrical ........................................................................................... 156
1.1.3 6 Monthly Maintenance Activities: Electrical ........................................................................................ 156
1.1.4 Yearly Maintenance Activities: Electrical .............................................................................................. 156
1.1.5 3 Yearly Maintenance Activities: Electrical ........................................................................................... 157
1.2 MAINTENANCE ACTIVITIES: MECHANICAL ................................................................................................................ 157
1.2.1 Weekly Maintenance Activities: Mechanical ........................................................................................ 157
1.2.2 Monthly Maintenance Activities: Mechanical ....................................................................................... 157
1.2.3 3 – 6 Monthly Maintenance Activities: Mechanical .............................................................................. 157
1.2.4 Yearly Maintenance Activities: Mechanical .......................................................................................... 158
1.2.5 3 Yearly Maintenance Activities: Mechanical ....................................................................................... 158
1.3 MAINTENANCE ACTIVITIES: INSTRUMENTATION........................................................................................................ 159
1.3.1 Weekly Maintenance Activities: Instrumentation ................................................................................ 159
1.3.2 Monthly Maintenance Activities: Instrumentation ............................................................................... 159
1.3.3 6 Monthly Maintenance Activities: Instrumentation ............................................................................ 159
1.3.4 Yearly Maintenance Activities: Instrumentation .................................................................................. 159
1.3.5 3 Yearly Maintenance Activities: Instrumentation ............................................................................... 160
ANNEXURE 2: BREAKDOWN FEEDBACK PROFORMA ........................................................................................................... 161

3
VOLUME 1: THE TENDER
(1) GENERAL TENDER INFORMATION

TENDER ADVERTISED : 22nd January 2021

SITE VISIT/CLARIFICATION MEETING : 10h00 on 5th February 2021


(Not compulsory, but strongly recommended)

VENUE FOR SITE VISIT/CLARIFICATION


MEETING : Join Skype Meeting
Join by phone
+27214447999 (Civic) English (United States) +27214003499 (Civic) English (United States)
Conference ID: 6404527
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TENDER BOX & ADDRESS : Tender Box as per front cover at the Tender
&Quotation Boxes Office, 2nd Floor (Concourse
Level), Civic Centre, 12 Hertzog Boulevard, Cape
Town.
: The Tender Document (which includes the Form of
Offer and Acceptance) completed in all respects,
plus any additional supporting documents required,
must be submitted in a sealed envelope with the
name and address of the tenderer, the endorsement
“TENDER NO. 261S/2020/21: PROVISON OF
BACKUP MAINTENANCE SERVICES ON
AERATION BLOWER SYSTEMS AT VARIOUS
CITY SITES, 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 (Tender Distribution
Office) for alternative instructions. It remains the
tenderer’s responsibility to ensure that the tender is
placed in either the original box or as alternatively
instructed.

CCT TENDER REPRESENTATIVE Name: Bruce Thomas


Tel. No.: (021) 444 2666
Email: [email protected]

TENDERERS MUST NOTE THAT WHEREVER THIS DOCUMENT REFERS


TO ANY PARTICULAR TRADE MARK, NAME, PATENT, DESIGN, TYPE,
SPECIFIC ORIGIN OR PRODUCER, SUCH REFERENCE SHALL BE
DEEMED TO BE ACCOMPANIED BY THE WORDS ‘OR EQUIVALENT”

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(2) CONDITIONS OF TENDER
2.1 General

2.1.1 Actions

2.1.1.1 The City of Cape Town (CCT) 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 these Conditions of Tender, timeously and with integrity, and behave equitably, honestly and
transparently, comply with all legal obligations.

The parties agree that this tender, its evaluation and acceptance and any resulting contract shall also
be subject to the Employer’s Supply Chain Management Policy (‘SCM Policy’) that was applicable on
the date the bid was advertised, save that if the Employer adopts a new SCM Policy which
contemplates that any clause therein would apply to the contract emanating from this tender, such
clause shall also be applicable to that contract. Please refer to this document contained on the
Employer’s website.

Abuse of the supply chain management system is not permitted and may result in the tender being
rejected, cancellation of the contract, restriction of the supplier, and/or the exercise by the City of any
other remedies available to it as described in the SCM Policy.

2.1.1.2 The CCT, the tenderer and 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 CCT shall declare any conflict of interest to the CCT 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.

2.1.1.3 The CCT shall not seek, and a tenderer shall not submit a tender, without having a firm intention and
capacity to proceed with the contract.

2.1.2 Interpretation

2.1.2.1 The additional requirements contained in the returnable documents are part of these Conditions of
Tender.

2.1.2.2 These Conditions of Tender and returnable schedules which are required for tender evaluation
purposes, shall form part of the contract arising from the invitation to tender.

2.1.3 Communication during tender process

Verbal or any other form of communication, from the CCT, its employees, agents or advisors during site
visits/clarification meetings or at any other time prior to the award of the Contract, will not be regarded as
binding on the CCT, unless communicated by the CCT in writing to suppliers by its Director: Supply Chain
Management or his nominee.

2.1.4 The CCT’s right to accept or reject any tender offer

2.1.4.1 The CCT may accept or reject any tender offer and may cancel the tender process or reject all tender
offers at any time before the formation of a contract. The CCT may, prior to the award of the tender, cancel a
tender if:

(a) due to changed circumstances, there is no longer a need for the services, works or goods requested;
or
(b) funds are no longer available to cover the total envisaged expenditure; or
(c) no acceptable tenders are received;
(d) there is a material irregularity in the tender process; or
(e) the parties are unable to negotiate market related pricing.

The CCT shall not accept or incur any liability to a tenderer for such cancellation or rejection, but will give
written reasons for such action upon receiving a written request to do so.

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2.1.5 Procurement procedures

2.1.5.1 General
Unless otherwise stated in the tender conditions, a contract will be concluded with the tenderer who scores
the highest number of tender adjudication points.

The CCT intends to appoint two tenderers (the highest ranked tenderer (“the winner”) and in addition a “standby
tenderer”) for the allocation of work. If insufficient responsive bids are received, the CCT reserves the right to
appoint fewer tenderers, or not to appoint any tenderers at all.

Suppliers, once appointed and subject to operational requirements, will be invited to deliver the goods or
services on a “winner-takes-all” basis, whereby the order will be allocated to the highest ranked tenderer (“the
winner”) If “the winner” does not meet his contractual obligations with regards to turn-around times, the CCT
reserves the right to allocated the order to the standby tenderer.

The contract period shall be for a period of three years from the commencement date of the contract.

2.1.5.2 Proposal procedure using the two stage-system

A two-stage system will not be followed.

2.1.5.3 Nomination of Alternative Bidder

Alternative Bidder means a bidder, identified at the time of awarding a bid, that will be considered for award
should the contract be terminated for any reason whatsoever. In the event that a contract is terminated during
the execution thereof, the CCT may consider the award of the contract, or non-award, to the alternative bidder
in terms of the procedures included its SCM Policy.

2.1.6 Objections, complaints, queries and disputes/ Appeals in terms of Section 62 of the Systems
Act/ Access to court

2.1.6.1 Disputes, objections, complaints and queries


In terms of Regulations 49 and 50 of the Local Government: Municipal Finance Management Act, 56 of 2003
Municipal Supply Chain Management Regulations (Board 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.

2.1.6.2 Appeals

a) In terms of Section 62 of the Local Government: Municipal Systems Act, 32 of 2000 a person whose
rights are affected by a decision taken by the City, may appeal against that decision by giving written
notice of the appeal and reasons to the City Manager within 21 days of the date of the notification of
the decision.
b) An appeal must contain the following:
i. Must be in writing
ii. It must set out the reasons for the appeal
iii. It must state in which way the Appellant’s rights were affected by the decision;
iv. It must state the remedy sought; and
v. It must be accompanied with a copy of the notification advising the person of the decision
c) The relevant City appeal authority must consider the consider the appeal and may confirm, vary or
revoke the decision that has been appealed, but no such revocation of a decision may detract from
any rights that may have accrued as a result of the decision.

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2.1.6.3 Right to approach the courts and rights in terms of Promotion of Administrative Justice Act, 3
of 2000 and Promotion of Access to Information Act, 2 of 2000

The sub- clauses above 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 (PAJA) and Promotion of Access to
Information Act (PAIA).

2.1.6.4 All requests referring to sub clauses 2.1.6.1 and 2.1.6.2 must be submitted in writing to:
The City Manager - C/o the Manager: Legal Compliance Unit, Legal Services Department, Corporate
Services Directorate
Via hand delivery at: 20th Floor, Tower Block, 12 Hertzog Boulevard, Cape Town 8001
Via post at: Private Bag X918, Cape Town, 8000
Via fax at: 021 400 5963 or 021 400 5830
Via email at: MSA. [email protected]

2.1.6.5 All requests referring to clause 2.1.6.3 ns must be submitted in writing to:

The City Manager - C/o the Manager: Access to Information Unit, Corporate Services Directorate
Via hand delivery at: 20th Floor, Tower Block, 12 Hertzog Boulevard, Cape Town 8001
Via post at: Private Bag X918, Cape Town, 8000
Via fax at: 086 202 9982
Via email at: [email protected]

2.1.7 City of Cape Town Supplier Database Registration


Tenderers are required to be registered on the CCT Supplier Database as a service provider. Tenderers must
register as such upon being requested to do so in writing and within the period contained in such a request,
failing which no orders can be raised or payments processed from the resulting contract. 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 Supplier Database may collect registration forms
from the Supplier Management Unit located within the Supplier Management / Registration Office, 2nd Floor
(Concourse Level), Civic Centre, 12 Hertzog Boulevard, Cape Town (Tel 021 400 9242/3/4/5). Registration
forms and related information are also available on the City of Cape Town’s website www.capetown.gov.za
(follow the Supply Chain Management link to Supplier registration).

It is each tenderer’s responsibility to keep all the information on the CCT Supplier Database updated.

2.1.8 National Treasury Web Based Central Supplier Database (CSD) Registration
Tenderers are required to be registered on the National Treasury Web Based Central Supplier Database (CSD)
as a service provider. Tenderers must register as such upon being requested to do so in writing and within the
period contained in such a request, failing which no orders can be raised or payments processed from the
resulting contract. 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 National Treasury Web Based Central Supplier Database (CSD) may
do so via the web address https://secure.csd.gov.za.

It is each tenderer’s responsibility to keep all the information on the National Treasury Web Based Central
Supplier Database (CSD) updated.

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2.2 Tenderer’s obligations
2.2.1 Eligibility Criteria

2.2.1.1 Tenderers are obligated to submit a tender offer that complies in all aspects to the conditions
as detailed in this tender document. Only those tenders that comply in all aspects with the tender
conditions, specifications, pricing instructions and contract conditions will be declared to be
responsive.

2.2.1.1.1 Submit a tender offer


Only those tender submissions from which it can be established that a clear, irrevocable and unambiguous
offer has been made to CCT, by whom the offer has been made and what the offer constitutes, will be declared
responsive.

2.2.1.1.2 Compliance with requirements of CCT SCM Policy and procedures


Only those tenders that are compliant with the requirements below will be declared responsive:
a) A completed Details of Tenderer to be provided (applicable schedule to be completed);
b) A completed Certificate of Authority for Partnerships/ Joint Ventures/ Consortiums to be
provided authorising the tender to be made and the signatory to sign the tender on the partnership
/joint venture/consortium’s (applicable schedule to be completed);
c) A copy of the partnership / joint venture / consortium agreement to be provided.
d) A completed Declaration of Interest – State Employees to be provided and which does not indicate
any non-compliance with the legal requirements relating to state employees (applicable schedule to
be completed);
e) A completed Declaration – Conflict of Interest and Declaration of Bidders’ past Supply Chain
Management Practices to be provided and which does not indicate any conflict or past practises that
renders the tender non-responsive based on the conditions contained thereon (applicable schedules
to be completed);
f) A completed Certificate of Independent Bid Determination to be provided and which does not
indicate any non-compliance with the requirements of the schedule (applicable schedule to be
completed);
g) The tenderer (including any of its directors or members), has not been restricted in terms of abuse of
the Supply Chain Management Policy,
h) The tenderer’s tax matters with SARS are in order, or the tenderer is a foreign supplier that is not
required to be registered for tax compliance with SARS;
i) The tenderer is not an advisor or consultant contracted with the CCT whose prior or current obligations
creates any conflict of interest or unfair advantage,
j) The tenderer is not a person, advisor, corporate entity or a director of such corporate entity, involved
with the bid specification committee;
k) A completed Authorisation for the Deduction of Outstanding Amounts Owed to the City of Cape
Town to be provided and which does not indicate any details that renders the tender non-responsive
based on the conditions contained thereon (applicable schedules to be completed);
l) The tenderer (including any of its directors or members), has not been found guilty of contravening the
Competition Act 89 of 1998, as amended from time to time;
m) The tenderer (including any of its directors or members), has not been found guilty on any other basis
listed in the Supply Chain Management Policy.

2.2.1.1.3 Compulsory clarification meeting

Not applicable to this Tender

2.2.1.1.4 Minimum score for functionality

Not applicable to this Tender

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2.2.1.1.5 Key personnel

In order to be declared responsive, the tenderer must have the following key personnel in its permanent
employment at the close of tender. Alternatively, a signed undertaking from a specialist sub-contractor or
consultant having the required personnel, stating that they will undertake the necessary work on behalf of the
tenderer, will be acceptable. Such undertaking must be attached to Schedule 15A: Key Personnel
(returnable schedule). The experience of any such specialist sub-contractors will be considered in the
evaluation of this criteria.

Different individuals to be identified for each of the key personnel listed below and on Schedule 15A: Key
Personnel. If, however a tenderer wishes to propose the same person for more than one of the positions listed,
such person must pass the requirements for each criteria and the tender submission must clearly indicate such
compliance.

KEY PERSONNEL

Position Qualification Experience


5 (five) years post trade test
Trade tested artisan in Electrical
Electrical Artisan experience in a plant maintenance
Engineering / Millwright
environment
Trade tested artisan in Mechanical
5 (five) years post trade test
Engineering (Fitter, Fitter & Turner,
Mechanical Artisan experience on high speed rotating
Millwright, Tool Maker, Electrical
machines
Fitter, Marine Fitter, etc.)
Trade tested artisan in Electrical /
Electronic / Instrumentation
Engineering OR a N6, National N 3 (three) years post qualification (N6,
Instrumentation Artisan,
Diploma or National Diploma in National N Diploma or National
Technician or higher
Electrical / Electronic / Diploma or higher) experience
Instrumentation Engineering or
higher
N6, National N Diploma or National
Diploma in Electrical / Electronic
Engineering or Computer / 3 (three) years post qualification
PLC/SCADA Software
Software Programming OR experience in programming of PLC
Programmer
Candidate with accredited training and SCADA systems
certificate from OEM for installed
PLC and SCADA systems
Any of the above Electrical,
Mechanical or Instrumentation
5 (five) years’ experience on high
High speed centrifugal trades OR National Diploma in
speed centrifugal blowers as electrical
blower specialist Electrical, Mechanical or
or mechanical expert
Instrumentation Engineering or
higher OR higher
Any of the above Electrical,
Mechanical or Instrumentation
5 (five) years’ experience on positive
Positive displacement trades OR National Diploma in
displacement blowers as electrical or
blower specialist Electrical, Mechanical or
mechanical expert
Instrumentation Engineering or
higher OR higher

The curriculum vitae of all key personnel (including consultants and sub-contractors), must be submitted with
the tender submission, appended to Schedule 15A.

2.2.1.1.6 Tendering Entity Track Record

Only those tenders submitted by tenderers who can show a proven track record as stated below will be
declared responsive.

Tenderers must have a proven track record of at least 5(five) projects in high speed centrifugal / positive
displacement blower maintenance contracts. Maintenace in this tender shall mean proactive and reactive
maintenance work. Proactive maintenance will include maintenance strategies such as time based

9
maintenance, condition based maintenance as well as predictive maintenance, while reactive maintenance
will include breakdown maintenance as well as emergency maintenance.

Tenderers must provide references with active contact details that can corroborate all information provided
in this regard and append it to Schedule 15B: Tendering Entity Track Record.

Tenderers shall ensure that all relevant information has been submitted with the tender offer in the prescribed
format to ensure optimal evaluation of this responsiveness criteria. Failure to provide all information IN THIS
TENDER SUBMISSION will result in the tenderer not being able to achieve the specified minimum
requirements.

2.2.1.1.8 Local production and content (Not Applicable)

The City promotes the procurement of goods manufactured by local suppliers. The Department of Trade and
Industry and National Treasury has identified specific designated sectors which require local content
compliance. The current designated sectors are listed below:

Note: All to be listed including the date that the relevant Sector became effective.

Tenderers are required to ensure that they comply with these designated Sector requirements by ensuring that
the products provided to the City are locally manufactured. Failure to meet the minimum stipulated threshold
for local production and content will result in a bid being declared non-responsive.

Further details of designated sectors are available on http://www.thedti.gov.za/industrial_development/ip.jsp


and http://ocpo.treasury.gov.za/Buyers_Area/Legislation/Pages/Practice-Notes.aspx

In addition to the above:

The supplier shall study the terms and conditions as stated in the Local Content Declaration / Annexure C
returnable schedule.

The stipulated minimum threshold percentages for local production and content for the Textiles, Clothing,
Leather and Footwear sector (“the designated sector”) is 100% and will include all sub-sectors from the
applicable National Treasury Instruction Note.

Only tenders with locally produced or locally manufactured Textiles, Clothing, Leather and Footwear from local
raw material or input will be considered.

If the raw material or input to be used for a specific item is not available locally, suppliers should obtain written
authorisation from the Department of Trade and Industry (DTI) (Chief Director: Industrial Procurement, tel.
012 394 3927 and fax 012 394 4927) should there be a need to import such raw material or input.
A copy of the authorisation letter must be submitted together with the bid document at the closing date and
time of the bid.

The CCT is obliged and must ensure that contracts for the Textiles, Clothing, Leather and Footwear sector
are awarded at prices that are market related taking into account, among others, benchmark prices designated
by the DTI for the sector, value for money and economies of scale. Where appropriate, prices may be
negotiated with preferred bidders in accordance with provisions for Negotiation with Preferred Bidders as set
out in the CCT SCM Policy.

A bid will be declared non-responsive / disqualified if the Declaration Certificate for Local Production and
Content and Annex C as well as the authorisation letter referred to above (if applicable) are not submitted as
part of the bid documentation at the closing date and time of the bid.

For further information relating to the local production and content legislation, suppliers may refer to website
http://www.thedti.gov.za/industrial_development/ip.jsp, or may contact the Chief Director: Industrial
Procurement at the DTI at telephone number (012) 394 3927 and fax (012) 394 4927, the Director: Fleet
Procurement, Ms Cathrine Matidza, at telephone number (012) 394 3927 and e-mail [email protected],
or the DTI Contact Centre no 0861 843384.

2.2.1.1.9 Pre-qualification criteria for preferential procurement

Not applicable to the Tender

10
2.2.1.1.10 Provision of samples

Not applicable to the Tender

2.2.2 Cost of tendering

The CCT will not be liable 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.

2.2.3 Check documents

The documents issued by the CCT for the purpose of a tender offer are listed in the index of this tender
document.

11
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 is indistinct, or if the Price Schedule contains any obvious errors,
the tenderer must apply to the CCT at once to have the same rectified.

2.2.4 Confidentiality and copyright of documents

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

2.2.5 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.

2.2.6 Acknowledge and comply with notices

Acknowledge receipt of notices to the tender documents, which the CCT may issue, fully comply with all
instructions issued in the notices, and if necessary, apply for an extension of the closing time stated on the
front page of the tender document, in order to take the notices into account. Notwithstanding any requests for
confirmation of receipt of notices issued, the tenderer shall be deemed to have received such notices if the
CCT can show proof of transmission thereof via electronic mail, facsimile or registered post.

2.2.7 Clarification meeting

Attend, where required, a clarification meeting at which tenderers may familiarise themselves with aspects of
the proposed work, services or supply and pose questions. Details of the meeting(s) are stated in the General
Tender Information.

Tenderers should be represented at the site visit/clarification meeting by a person who is suitably qualified and
experienced to comprehend the implications of the work involved.

2.2.8 Seek clarification

Request clarification of the tender documents, if necessary, by notifying the CCT at least one week before the
closing time stated in the General Tender Information, where possible.

2.2.9 Pricing the tender offer

2.2.9.1 Comply with all pricing instructions as stated on the Price Schedule.

2.2.10 Alterations to documents

Do not make any alterations or additions to the tender documents, except to comply with instructions issued
by the CCT in writing, or necessary to correct errors made by the tenderer. All signatories to the tender offer
shall initial all such alterations.

2.2.11 Alternative tender offers

2.2.11.1 Unless otherwise stated in the tender conditions submit alternative tender offers only if a main tender
offer, strictly in accordance with all the requirements of the tender documents, is also submitted.

If a tenderer wishes to submit an alternative tender offer, he shall do so as a separate offer on a complete set
of tender documents. The alternative tender offer shall be submitted in a separate sealed envelope clearly
marked “Alternative Tender” in order to distinguish it from the main tender offer.

Only the alternative of the highest ranked acceptable main tender offer (that is, submitted by the same
tenderer) will be considered, and if appropriate, recommended for award.

Alternative tender offers of any but the highest ranked main tender offer will not be considered.

An alternative of the highest ranked acceptable main tender offer that is priced higher than the main tender
offer may be recommended for award, provided that the ranking of the alternative tender offer is higher than
the ranking of the next ranked acceptable main tender offer.

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The CCT will not be bound to consider alternative tenders and shall have sole discretion in this regard.

In the event that the alternative is accepted, the tenderer warrants that the alternative offer complies in all
respects with the CCT’s standards and requirements.

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

2.2.12 Submitting a tender offer

2.2.12.1 Submit one tender offer only on the original tender documents as issued by the CCT, 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 conditions and described in the specifications. Only those tenders submitted on the
tender documents as issued by the CCT together with all Returnable Schedules duly completed and signed
will be declared responsive.

2.2.12.2 Return the entire document to the CCT after completing it in its entirety, either electronically (if they
were issued in electronic format) or by writing legibly in non-erasable ink.

2.2.12.3 Submit the parts of the tender offer communicated on paper as an original with an English translation
for any part of the tender submission not made in English.

1 (One) copy(ies) of the following elements of the bid submission must be submitted separately bound in the
same envelope where possible:

Part Heading
5 Pricing Schedules
6 Supporting Schedules
All other attachments submitted by bidder

2.2.12.4 Sign the original tender offer where required in terms of the tender conditions. 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 or any other document signed by all parties, 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. Signatories for tenderers
proposing to contract as joint ventures shall state which of the signatories is the lead partner.

2.2.12.5 Where a two-envelope system is required in terms of the tender conditions, place and seal the
returnable documents listed in the tender conditions 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 CCT’s address and identification details stated in the General Tender Information, as well as the
tenderer's name and contact address.

2.2.12.6 Seal the original tender offer and copy packages together in an outer package that states on the
outside only the CCT's address and identification details as stated in the General Tender Information. If it is
not possible to submit the original tender and the required copies (see 2.2.12.3) in a single envelope, then the
tenderer must seal the original and each copy of the tender offer as separate packages marking the packages
as “ORIGINAL” and “COPY” in addition to the aforementioned tender submission details.

2.2.12.7 Accept that the CCT 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.

2.2.12.8 Accept that tender offers submitted by facsimile or e-mail will be rejected by the CCT, unless stated
otherwise in the tender conditions.

2.2.12.9 By signing the offer part of the Form of Offer (Section 2, Part A) the tenderer warrants that all
information provided in the tender submission is true and correct.

2.2.12.10 Tenders must be properly received and deposited in the designated tender box (as detailed on the
front page of this tender document) on or before the closing date and before the closing time, in the relevant
tender box at the Tender & Quotation Boxes Office situated on the 2nd floor, Concourse Level, Civic Centre,
12 Hertzog Boulevard, Cape Town. If the tender submission is too large to fit in the allocated box, please
enquire at the public counter for assistance.

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2.2.12.12 The tenderer must record and reference all information submitted contained in other documents for
example cover letters, brochures, catalogues, etc. in the returnable schedule titled List of Other Documents
Attached by Tenderer.

2.2.13 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 CCT as non-responsive.

2.2.14 Closing time

2.2.14.1 Ensure that the CCT receives the tender offer at the address specified in the General Tender
Information prior to the closing time stated on the front page of the tender document.

2.2.14.2 Accept that, if the CCT extends the closing time stated on the front page of the tender document for
any reason, the requirements of these Conditions of Tender apply equally to the extended deadline.

2.2.14.3 Accept that, the CCT shall not consider tenders that are received after the closing date and time for
such a tender (late tenders).

2.2.15 Tender offer validity and withdrawal of tenders

2.2.15.1 Warrants that the tender offer(s) remains valid, irrevocable and open for acceptance by the CCT at
any time for a period of 120 days after the closing date stated on the front page of the tender document.

2.2.15.2 Notwithstanding the period stated above, bids shall remain valid for acceptance for a period of twelve
(12) months after the expiry of the original validity period, unless the City is notified in writing of anything to the
contrary by the bidder. The validity of bids may be further extended by a period of not more than six months
subject to mutual agreement and administrative processes and upon approval by the City Manager.

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

a) it shall be liable to the CCT for any additional expense incurred or losses suffered by the CCT in having
either to accept another tender or, if new tenders have to be invited, the additional expenses incurred
or losses suffered by the invitation of new tenders and the subsequent acceptance of any other tender;

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

2.2.16 Clarification of tender offer, or additional information, after submission

Provide clarification of a tender offer, or additional information, in response to a written request to do so from
the CCT during the evaluation of tender offers within the time period stated in such request. No change in the
competitive position of tenderers or substance of the tender offer is sought, offered, or permitted.

Note: This clause does not preclude the negotiation of the final terms of the contract with a preferred tenderer
following a competitive selection process, should the CCT elect to do so.

Failure, or refusal, to provide such clarification or additional information within the time for submission stated
in the CCT’s written request may render the tender non-responsive.

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2.2.17 Provide other material

2.2.17.1 Provide, on request by the CCT, any other material that has a bearing on the tender offer, the
tenderer’s commercial position (including joint venture agreements), preferencing arrangements, or samples
of materials, considered necessary by the CCT for the purpose of the evaluation of the tender. 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 CCT’s request, the CCT may regard the tender offer as non-responsive.

2.2.17.2 Provide, on written request by the CCT, where the transaction value inclusive of VAT exceeds
R 10 million:
a) audited annual financial statement for the past 3 years, or for the period since establishment if
established during the past 3 years, if required by law to prepare annual financial statements for
auditing;
b) a certificate signed by the tenderer certifying that the tenderer has no undisputed commitments for
municipal services towards a municipality or other service provider in respect of which payment is
overdue for more than 30 days;
c) 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;
d) 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.

2.2.17.3 Tenderers undertake to fully cooperate with the CCT’s external service provider appointed to perform
a due diligence review and risk assessment upon receipt of such written instruction from the CCT.

2.2.18 Samples, Inspections, tests and analysis

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

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

If such samples are not submitted as required in the bid documents or within any further time stipulated by the
CCT in writing, then the bid concerned may be declared non-responsive.

The samples provided by all successful bidders will be retained by the CCT for the duration of any subsequent
contract. Bidders are to note that samples are requested for testing purposes therefore samples submitted to
the CCT may not in all instances be returned in the same state of supply and in other instances may not be
returned at all. Unsuccessful bidders will be advised by the Project Manager or dedicated CCT Official to collect
their samples, save in the aforementioned instances where the samples would not be returned.

2.2.19 Certificates

The tenderer must provide the CCT with all certificates as stated below:

2.2.19.1 Broad-Based Black Economic Empowerment Status Level Documentation

In order to qualify for preference points, it is the responsibility of the tenderer to submit documentary proof,
either as certificates, sworn affidavits or any other requirement prescribed in terms of the B-BBEE Act, of its
B-BBEE status level of contribution in accordance with the applicable Codes of good practise as issued by the
Department of Trade and Industry, to the CCT at the Supplier Management Unit located within the Supplier
Management / Registration Office, 2nd Floor (Concourse Level), Civic Centre, 12 Hertzog Boulevard, Cape
Town (Tel 021 400 9242/3/4/5) or included with the tender submission.

Consortiums/Joint Ventures will qualify for preference points, provided that the entity submits the relevant
certificate/scorecard in accordance with the applicable codes of good practise. Note that, in the case of
unincorporated entities, a verified consolidated B-BBEE scorecard must be submitted in the form of a certificate
with the tender.

Tenderers are further referred to the content of the Preference Schedule for the full terms and conditions
applicable to the awarding of preference points.

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The applicable code for this tender is the Amended Codes of Good Practise (Generic Scorecard) unless in
possession of a valid sector certificate.

The tenderer shall indicate in Section 4 of the Preference Schedule the Level of Contribution in respect of the
enterprise status or structure of the tendering entity (the supplier).

2.2.19.2 Evidence of tax compliance

Tenderers shall be registered with the South African Revenue Service (SARS) and their tax affairs must be in
order and they must be tax compliant subject to the requirements of clause 2.2.1.1.2.h. In this regard, it is the
responsibility of the Tenderer to submit evidence in the form of a valid Tax Clearance Certificate issued by
SARS to the CCT at the Supplier Management Unit located within the Supplier Management / Registration
Office, 2nd Floor (Concourse Level), Civic Centre, 12 Hertzog Boulevard, Cape Town (Tel 021 400 9242/3/4/5),
or included with this tender. The tenderer must also provide its Tax Compliance Status PIN number on the
Details of Tenderer pages of the tender submission.

Each party to a Consortium/Joint Venture shall submit a separate Tax Clearance Certificate.

Before making an award the City must verify the bidder’s tax compliance status. Where the recommended
bidder is not tax compliant, the bidder should be notified of the non-compliant status and be requested to
submit to the City, within 7 working days, written proof from SARS that they have made arrangement to meet
their outstanding tax obligations. The proof of tax compliance submitted by the bidder must be verified by the
City via CSD or e-Filing. The City should reject a bid submitted by the bidder if such bidder fails to provide
proof of tax compliance within the timeframe stated herein.

Only foreign suppliers who have answered “NO” to all the questions contained in the Questionnaire to Bidding
Foreign Suppliers section on the Details of Tenderer pages of the tender submission, are not required to
register for a tax compliance status with SARS.

2.2.20 Compliance with Occupational Health and Safety Act, 85 of 1993

Tenderers are to note the requirements of the Occupational Health and Safety Act, 85 of 1993. The Tenderer
shall be deemed to have read and fully understood the requirements of the above Act and Regulations and to
have allowed for all costs in compliance therewith.

In this regard the Tenderer shall submit upon written request to do so by the CCT, a Health and Safety Plan
in sufficient detail to demonstrate the necessary competencies and resources to deliver the goods or services
all in accordance with the Act, Regulations and Health and Safety Specification.

2.2.21 Claims arising from submission of tender

The tenderer warrants that it has:


a) inspected the Specifications and read and fully understood the Conditions of Contract.
b) read and fully understood the whole text of the Specifications and Price Schedule and thoroughly
acquainted himself with the nature of the goods or services proposed and generally of all matters
which may influence the Contract.
c) visited the site(s) where delivery of the proposed goods will take place, carefully examined existing
conditions, the means of access to the site(s), the conditions under which the delivery is to be made,
and acquainted himself with any limitations or restrictions that may be imposed by the Municipal or
other Authorities in regard to access and transport of materials, plant and equipment to and from the
site(s) and made the necessary provisions for any additional costs involved thereby.
d) requested the CCT to clarify the actual requirements of anything in the Specifications and Price
Schedule, the exact meaning or interpretation of which is not clearly intelligible to the Tenderer.
e) received any notices to the tender documents which have been issued in accordance with the CCT’s
Supply Chain Management Policy.

The CCT will therefore not be liable for the payment of any extra costs or claims arising from the submission
of the tender.

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2.3 The CCT’s undertakings
2.3.1 Respond to requests from the tenderer

2.3.1.1 Unless otherwise stated in the Tender Conditions, respond to a request for clarification received up to
one week (where possible) before the tender closing time stated on the front page of the tender document.

2.3.1.2 The CCT’s representative for the purpose of this tender is stated on the General Tender Information
page.

2.3.2 Issue Notices

If necessary, issue addenda in writing that may amend or amplify the tender documents to each tenderer
during the period from the date the tender documents are available until one week before the tender closing
time stated in the Tender Data. The Employer reserves its rights to issue addenda less than one week before
the tender closing time in exceptional circumstances If, as a result a tenderer applies for an extension to the
closing time stated on the front page of the tender document, the CCT may grant such extension and, shall
then notify all tenderers who drew documents.

Notwithstanding any requests for confirmation of receipt of notices issued, the tenderer shall be deemed to
have received such notices if the CCT can show proof of transmission thereof via electronic mail, facsimile or
registered post.

2.3.3 Opening of tender submissions

2.3.3.1 Unless the two-envelope system is to be followed, open tender submissions in the presence of
tenderers’ agents who choose to attend at the time and place stated in the tender conditions.

Tenders will be opened immediately after the closing time for receipt of tenders as stated on the front page of
the tender document, or as stated in any Notice extending the closing date and at the closing venue as stated
in the General Tender Information.

2.3.3.2 Announce at the meeting held immediately after the opening of tender submissions, at the closing
venue as stated in the General Tender Information, the name of each tenderer whose tender offer is opened
and, where possible, the prices and the preferences indicated.

2.3.3.3 Make available a record of the details announced at the tender opening meeting on the CCT’s website
(http://www.capetown.gov.za/en/SupplyChainManagement/Pages/default.aspx.)

2.3.4 Two-envelope system

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

2.3.4.2 Evaluate the quality of the technical proposals offered by tenderers, then advise tenderers who have
submitted responsive technical proposals of the time and place when the financial proposals will be opened.
Open only the financial proposals of tenderers, who have submitted responsive technical proposals in
accordance with the requirements as stated in the tender conditions, and announce the total price and any
preferences claimed. Return unopened financial proposals to tenderers whose technical proposals were non-
responsive.

2.3.5 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 and recommendations for the award of a contract,
until after the award of the contract to the successful tenderer.

2.3.6 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.

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2.3.7 Test for responsiveness

2.3.7.1 Appoint a Bid Evaluation Committee and determine after opening whether each tender offer properly
received:

a) complies with the requirements of these Conditions of Tender,


b) has been properly and fully completed and signed, and
c) is responsive to the other requirements of the tender documents.

2.3.7.2 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
CCT's opinion, would:
a) detrimentally affect the scope, quality, or performance of the goods, services or supply identified in
the Specifications,
b) significantly change the CCT'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 any material deviation or qualification.

The CCT reserves the right to accept a tender offer which does not, in the CCT’s opinion, materially and/or
substantially deviate from the terms, conditions, and specifications of the tender documents.

2.3.8 Arithmetical errors, omissions and discrepancies

2.3.8.1 Check the responsive tenders for:

a) the gross misplacement of the decimal point in any unit rate;


b) omissions made in completing the Price Schedule; or
c) arithmetic errors in:
i) line item totals resulting from the product of a unit rate and a quantity in the Price Schedule; or
ii) the summation of the prices; or
iii) calculation of individual rates.

2.3.8.2 The CCT must correct the arithmetical errors in the following manner:

a) Where there is a discrepancy between the amounts in words and amounts in figures, the amount in
words shall govern.
b) If 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 tendered
shall govern, and the unit rate shall be corrected.
c) 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 Price Schedules apply) to
achieve the tendered total of the prices.

Consider the rejection of a tender offer if the tenderer does not correct or accept the correction of the
arithmetical error in the manner described above.

2.3.8.3 In the event of tendered rates or lump sums being declared by the CCT to be unacceptable to it
because they are not priced, 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
CCT 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 CCT, but this shall be done without altering the tender offer in
accordance with this clause.

Should the tenderer fail to amend his tender in a manner acceptable to and within the time stated by the CCT,
the CCT may declare the tender as non-responsive.

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2.3.9 Clarification of a tender offer

The CCT may, after the closing date, request additional information or clarification from tenderers, in writing
on any matter affecting the evaluation of the tender offer or that could give rise to ambiguity in a contract arising
from the tender offer, which written request and related response shall not change or affect their competitive
position or the substance of their offer. Such request may only be made in writing by the Director: Supply Chain
Management using any means as appropriate.

2.3.10 Evaluation of tender offers

2.3.10.1 General

2.3.10.1.1 Reduce each responsive tender offer to a comparative price and evaluate them using the tender
evaluation methods and associated evaluation criteria and weightings that are specified in the tender
conditions.

2.3.10.1.2 For evaluation purposes only, the effects of the relevant contract price adjustment methods will be
considered in the determination of comparative prices as follows:

a. If the selected method is based on bidders supplying rates or percentages for outer years, comparative
prices would be determined over the entire contract period based on such rates or percentages.
b. If the selected method is based on a formula, indices, coefficients, etc. that is the same for all bidders
during the contract period, comparative prices would be the prices as tendered for year one.
c. If the selected method is based on a formula, indices, coefficients, etc. that varies between bidders,
comparative prices would be determined over the entire contract period based on published indices
relevant during the 12 months prior to the closing date of tenders.
d. If the selected method includes an imported content requiring rate of exchange variation, comparative
prices would be determined based on the exchange rates tendered for the prices as tendered for year
one. The rand equivalent of the applicable currency 14 days prior to the closing date of tender will be
used (the CCT will check all quoted rates against those supplied by its own bank).
e. If the selected method is based on suppliers’ price lists, comparative prices would be the prices as
tendered for year one.
f. If the selected method is based on suppliers’ price lists and / or rate of exchange, comparative prices
would be determined as tendered for year one whilst taking into account the tendered percentage
subject to rate of exchange (see sub clause (d) for details on the calculation of the rate of exchange).

2.3.10.1.3 Where the scoring of functionality forms part of a bid process, each member of the Bid Evaluation
Committee must individually score functionality. The individual scores must then be interrogated and calibrated
if required where there are significant discrepancies. The individual scores must then be added together and
averaged to determine the final score.

2.3.10.2 Decimal places

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

2.3.10.3.1 Points for price will be allocated in accordance with the formula set out in this clause based on the
price per item / rates as set out in the Price Schedule (Part 5):
 based on the sum of the prices/rates in relation to a typical project/job.

2.3.10.3.2 Points for preference will be allocated in accordance with the provisions of Preference Schedule
and the table in this clause.

2.3.10.3.3 The terms and conditions of Preference Schedule as it relates to preference shall apply in all
respects to the tender evaluation process and any subsequent contract.

2.3.10.3.4 Applicable formula:

The 90/10 price/preference points system will be applied to the evaluation of responsive tenders over a Rand
value of R50’000’000 (all applicable taxes included), whereby the order(s) will be placed with the tenderer(s)
scoring the highest total number of adjudication points.

Price shall be scored as follows:

Ps = 90 x (1 – (Pt – Pmin))
Pmin

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

Preference points shall be scored as follows:

Points will be awarded to tenderers who are eligible for preferences in respect of the B-BBEE level of
contributor attained in terms of Preference Schedule.

A maximum of 10 tender adjudication points will be awarded for preference to tenderers with
responsive tenders who are eligible for such preference, in accordance with the criteria listed below.

Up to 10 adjudication points (NP) will be awarded for the level of B-BBEE contribution, in accordance with the
tables below:

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


1 10
2 9
3 6
4 5
5 4
6 3
7 2
8 1
Non-compliant contributor 0

*
A non-compliant contributor is one who does not meet the minimum score for a level 8 contributor.

or, in respect of Exempted Micro Enterprises (EMEs):

Black Ownership of EME Deemed B-BBEE Number of Points


Status Level of for Preference
Contributor
less than 51% 4 5
at least 51% but less than 100% 2 9
100% 1 10

or, in respect of Qualifying Small Enterprises (QSEs):

Black Ownership of QSE Deemed B-BBEE Number of Points


Status Level of for Preference
Contributor
at least 51% but less than 100% 2 9
100% 1 10

The total number of adjudication points (N T) shall be calculated as follows:

NT = Ps + NP

Where: Ps is the number of points scored for price;


Np is the number of points scored for preference.

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

2.3.10.5 Risk Analysis


Notwithstanding compliance with regard to any requirements of the tender, the CCT will perform a risk analysis
in respect of the following:

a) reasonableness of the financial offer


b) reasonableness of unit rates and prices
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c) the tenderer’s ability to fulfil 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, capacity, experience, reputation, personnel to perform the contract,
etc.; the CCT reserves the right to consider a tenderer’s existing contracts with the CCT in this regard
d) any other matter relating to the submitted bid, the tendering entity, matters of compliance, verification
of submitted information and documents, etc.

The conclusions drawn from this risk analysis will be used by the CCT in determining the acceptability of the
tender offer.

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

2.3.11 Negotiations with preferred tenderers

The CCT 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.

If negotiations fail to result in acceptable contract terms, the City Manager (or his delegated authority) may
terminate the negotiations and cancel the tender, or invite the next ranked tenderer for negotiations. The
original preferred tenderer should be informed of the reasons for termination of the negotiations. If the decision
is to invite the next highest ranked tenderer for negotiations, the failed earlier negotiations may not be reopened
by the CCT.

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

The provisions of this clause will be equally applicable to any invitation to negotiate with any other tenderers.

In terms of the PPPFA Regulations, 2017, tenders must be cancelled in the event that negotiations fail to
achieve a market related price with any of the three highest scoring tenderers.

2.3.12 Acceptance of tender offer

Notwithstanding any other provisions contained in the tender document, the CCT reserves the right to:

2.3.12.1 Accept a tender offer(s) which does not, in the CCT’s opinion, materially and/or substantially deviate
from the terms, conditions, and specifications of the tender document.

2.3.12.2 Accept the whole tender or part of a tender or any item or part of any item or items from multiple
manufacturers, or to accept more than one tender (in the event of a number of items being offered), and the
CCT is not obliged to accept the lowest or any tender.

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2.3.12.3 Accept the tender offer(s), if in the opinion of the CCT, it does not present any material risk and only
if the tenderer (s):

a) is not under restrictions, has any principals who are under restrictions, or is not currently a supplier to
whom notice has been served for abuse of the supply chain management system, preventing
participation in the employer’s procurement,
b) can, as necessary and in relation to the proposed contract, demonstrate that he or she possesses the
professional and technical qualifications, professional and technical competence, financial resources,
equipment and other physical facilities, managerial capability, reliability, experience and reputation,
expertise and the personnel, to perform the contract, c) has the legal capacity to enter into the
contract,

d) is not insolvent, in receivership, under Business Rescue as provided for in chapter 6 of the Companies
Act, 2008, 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
e) is able, in the opinion of the employer, to perform the contract free of conflicts of interest.

If an award cannot be made in terms of anything contained herein, the Employer reserves the right to
consider the next ranked tenderer(s).

2.3.12.4 Not to make an award, or revoke an award already made, where the implementation of the contract
may result in reputational risk or harm to the City as a result of (inter alia):

a) reports of poor governance and/or unethical behaviour;


b) association with known family of notorious individuals;
c) poor performance issues, known to the City;
d) negative social media reports; and
e) adverse assurance (e.g. due diligence) report outcomes.

2.3.12.5 The CCT reserves the right to nominate an alternative bidder at the time when an award is made and
in the event that a contract is terminated during the execution thereof, the CCT may consider the award of the
contract, or non-award, to the alternative bidder in terms of the procedures included its SCM Policy.

2.3.13 Prepare contract documents

2.3.13.1 If necessary, revise documents that shall form part of the contract and that were issued by the CCT
as part of the tender documents to take account of:

a) notices issued during the tender period,


b) inclusion of some of the returnable documents, and
c) other revisions agreed between the CCT and the successful tenderer.

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

2.3.14 Notice to successful and unsuccessful tenderers

2.3.14.1 Before accepting the tender of the successful tenderer the CCT shall notify the successful tenderer
in writing of the decision of the CCT’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

2.3.14.2 The CCT 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.

2.3.15 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.

22
TENDER DOCUMENT
GOODS AND SERVICES
SUPPLY CHAIN MANAGEMENT
SCM - 542 Approved by Branch Manager: 03/04/2020 Version: 8 Page 23 of 66

TENDER NO: 261S/2020/21

PROVISION OF BACKUP MAINTENANCE SERVICES ON AERATION BLOWER SYSTEMS AT


VARIOUS CITY SITES

CONTRACT PERIOD: FROM DATE OF COMMENCEMENT UP TO 30 JUNE 2023

VOLUME 2: RETURNABLE DOCUMENTS

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

TRADING AS (if different from above)

NATURE OF TENDER OFFER (please indicate below)

Main Offer (see clause 2.2.11.1)

Alternative Offer (see clause 2.2.11.1)

23
VOLUME 2: RETURNABLE DOCUMENTS
(3) DETAILS OF TENDERER
1.1 Type of Entity (Please tick one box)
Individual / Sole Proprietor Close Corporation Company

Partnership or Joint Venture or Trust Other: ……….......………..…………


Consortium
1.2 Required Details (Please provide applicable details in full):

Name of Company / Close


Corporation or
Partnership / Joint Venture /
Consortium or
Individual /Sole Proprietor

Trading as (if different from above)

Company / Close Corporation


registration number (if applicable)

Postal address

Postal Code __________

Physical address

(Chosen domicilium citandi et


executandi)
Postal Code __________
Contact details of the person Name: Mr/Ms ________________________________________
duly authorised to represent the
(Name & Surname)
tenderer

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


Cellular Telephone:____________________________________
E-mail
address:_____________________________________________

Income tax number

VAT registration number

SARS Tax Compliance Status


PIN

City of Cape Town Supplier


Database Registration Number
(See Conditions of Tender)

National Treasury Central


Supplier Database registration
number (See Conditions of
Tender)

24
Is tenderer the accredited
Yes No
representative in South Africa for
the Goods / Services / Works
If yes, enclose proof
offered?

Is tenderer a foreign based supplier


Yes No
for the Goods / Services / Works
offered?
If yes, answer the Questionnaire to Bidding Foreign Suppliers (below)
a) Is the tenderer a resident of the Republic of South Africa or an entity
Questionnaire to Bidding Foreign
registered in South Africa?
Suppliers
Yes No
b) Does the tenderer havea permanent establishment in the Republic of
South Africa?

Yes No
c) Does the tenderer have any source of income in the Republic of South
Africa?

Yes No
d) Is the tenderer liable in the Republic of South Africa for any form of
taxation?

Yes No
Other Required registration
numbers

25
(4) FORM OF OFFER AND ACCEPTANCE

TENDER NO. 261S/2020/21: PROVISION OF BACKUP MAINTENANCE


SERVICES ON AERATION BLOWER SYSTEMS AT VARIOUS CITY SITES

OFFER: (TO BE FILLED IN BY TENDERER):


Required Details (Please provide applicable details in full):

Name of Tendering Entity*


(“the tenderer”)

Trading as (if different from above)

AND WHO IS represented herein by: (full names of signatory)

___________________________________________________________________________________

duly authorised to act on behalf of the tenderer in his capacity as: (title/ designation)

____________________________________________________________________________________

HEREBY AGREES THAT by signing the Form of Offer and Acceptance, the tenderer:

1. confirms that it has examined the documents listed in the Index (including Schedules and Annexures)
and has accepted all the Conditions of Tender;

2. confirms that it has received and incorporated any and all notices issued to tenderers issued by the
CCT;

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

4. offers to supply all or any of the goods and/or render all or any of the services described in the tender
document to the CCT in accordance with the:
4.1 terms and conditions stipulated in this tender document;
4.2 specifications stipulated in this tender document; and
4.3 at the prices as set out in the Price Schedule.

5. accepts full responsibility for the proper execution and fulfilment of all obligations and conditions
devolving on it in terms of the Contract.

________________________________
Signature(s)
INITIALS OF CITY
_________________________________ OFFICIALS
Print name(s):
On behalf of the tenderer (duly authorised) 1 2 3

_________________________________
Date

26
FORM OF OFFER AND ACCEPTANCE (continued)

TENDER NO. 261S/2020/21: PROVISION OF BACKUP MAINTENANCE


SERVICES ON AERATION BLOWER SYSTEMS AT VARIOUS CITY SITES

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


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 supplier the amount due in accordance with the
conditions of contract. 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:

(7) & (8): Special and General Conditions of Tender


(5) Price schedule
13: Specifications

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 to arrange the delivery of any securities, bonds, guarantees, proof of
insurance and any other documents to be provided in terms of the conditions of contract identified in the special
contract conditions. Failure to fulfil 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 parties have
signed the table below and confirms receipt from the employer of one fully completed original copy of this
agreement, including the schedule of deviations (if any). The tenderer (now supplier) shall within five working days
of the agreement coming into effect notify the employer in writing of any reason why he cannot accept the contents
of this agreement as a complete and accurate memorandum thereof, failing which the agreement presented to
the contractor shall constitute the binding contract between the parties.

The Parties Employer Supplier


Business Name
Business Registration
Tax number (VAT)
Physical Address

Accepted contract sum including tax


Accepted contract duration

Signed – who by signature hereto warrants authority


Name of signatory
Signed: Date
Signed: Location

Signed: Witness
Name of Witness

27
FORM OF OFFER AND ACCEPTANCE (continued)
(TO BE FILLED IN BY THE CITY OF CAPE TOWN)

Schedule of Deviations
Notes:
1. The extent of deviations from the tender documents issued by the CCT 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 CCT and the tenderer agree to and accept the
foregoing schedule of deviations as the only deviations from and amendments to this tender document 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 CCT 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.

28
(5) PRICE SCHEDULE
Bid specifications may not make any reference to any particular trade mark, name, patent, design, type,
specific origin or producer, unless there is no other sufficiently precise or intelligible way of describing the
characteristics of the work, in which case such reference must be accompanied by the words “or equivalent”.

TENDERERS MUST NOTE THAT WHEREVER THIS DOCUMENT REFERS


TO ANY PARTICULAR TRADE MARK, NAME, PATENT, DESIGN, TYPE,
SPECIFIC ORIGIN OR PRODUCER, SUCH REFERENCE SHALL BE
DEEMED TO BE ACCOMPANIED BY THE WORDS ‘OR EQUIVALENT”

CONTENTS

SCHEDULE A PRELIMINARY AND GENERAL

SCHEDULE B SUPPLY AND PARTS

SCHEDULE C SERVICING, TESTING, COMMISIONING AND TRAINING

29
PAYMENT
ITEM RATE
REFERS DESCRIPTION UNIT
NO R C
TO

SCHEDULE A – PRELIMINARY AND GENERAL

A1 GENERAL REQUIREMENTS AND CONDITIONS

Allow for all costs and expenses in connection with the


following: -

1. Providing Performance Security as item 7.1 in the Special Item


Conditions and in Schedule 9 in the Returnable Schedules
(Performance Guarantee, once off for the Contract)

2. Providing Insurances as Item 11 in the Special Conditions of Item


Contract.

3. Detailed works programme including site inspection No.

4. Site specific H&S risk assessment and method statement. No.

5. Providing 1x final copy of the Installation, Operation and No.


Maintenance Manual including electronic copies prior to the
issue of the Taking-Over Certificate.

A2 TRANSPORT (Based AA rates plus mark-up and driver)

6. Light Delivery Vehicle (1.0 ton LDV) and driver. km

7. Truck, 3-ton and driver. km

8. Truck, 5 ton and driver. km

A3 LABOUR RESOURCES

Supply the following labour rates based on normal hourly


labour rates, including, transport, equipment, hand tools,
power tools and safety equipment etc.
Weekdays 07:30 to 17:00

9. Electrical Artisan hr

10. Artisan Assistant hr

11. Mechanical Artisan (Fitter & Turner) hr

12. Instrumentation Artisan, Technician hr

13. PLC/SCADA Software Programmer hr

14. High speed centrifugal blower specialist hr

15. Positive displacement blower specialist hr

Supply the following labour rates outside of normal


working times, include all transport, equipment, hand
tools, power tools and safety equipment etc. Weekdays
17:00 to 07:30 as well as Weekends and Public Holidays.

16. Electrical Artisan hr

17. Artisan Assistant, hr

18. Mechanical Artisan (Fitter & Turner) hr


30
PAYMENT
ITEM RATE
REFERS DESCRIPTION UNIT
NO R C
TO

19. Instrumentation Artisan, Technician hr

20. PLC/SCADA Software Programmer hr


21. High speed centrifugal blower specialist hr

22. Positive displacement blower specialist hr

31
PAYMENT RATE
ITEM NO DESCRIPTION UNIT
REFERS TO R C

SCHEDULE B – SUPPLY AND PARTS

Allow for all costs and expenses in connection with


the supply, manufacture, painting, delivery and
offloading of the following: -

B1 Pinion Shaft Assembly

23. Howden Part No: HDC08/03/8163-CEN15289 ea.

24. Howden Part No: HDC08/03/8169-CEN15289 ea.

25. Howden PART No: HDC08/03/8180-CEN15289 ea

Gear Wheel Sub Assembly

26. Howden Part No: HDC08/04/8154-CEN15289 ea.

27. Howden Part No: HDC08/04/8164-CEN15289 ea

Tilting Pad Bearing IE

28. Howden Part No: HDC08/20/7137 ea

29. Howden Part No: HDC08/20/7169 ea

Tilting Pad Bearing NIE

30. Howden Part No: HDC08/20/7138 ea

31. Howden Part No: HDC08/20/7170 ea

Pinion End cover gasket

32. Howden Part No: HDC08/02/1032 ea

33. Howden Part No: HDC08/02/1101 ea

O Ring 177.4 ID X Ø3.53 SECTION

34. Howden Part NO: HDC08/02/7027 ea

Roller Journal Bearing LSS DE/NDE

35. Howden Part No: HDC08/04/7018 ea

36. Howden Part No: HDC08/04/7008 ea

Duplex Ball Bearing LSS NDE

37. Howden Part No: HDC08/04/7019 ea

38. Howden Part No: HDC08/04/7007 ea

Lock Washer

39. Howden Part No: HDC08/04/7005 ea

32
PAYMENT RATE
ITEM NO DESCRIPTION UNIT
REFERS TO R C
40. Howden Part No: HDC08/04/7006 ea

O Ring 145.42 ID X Ø5.33 SECTION

41. Howden Part No: HDC08/02/7002 ea

O Ring 12.07 ID X Ø5.33 SECTION

42. Howden Part No: HDC08/02/7003 ea

Oil Sealing Ring for HSS

43. Howden Part No: 103/ZJ-131 ea

44. Howden Part No: HDC08/10/1008 ea

Oil Sealing Ring for LSS

45. Howden Part No: HDC08/09/1001 ea

46. Howden Part No: HDC08/09/1003 ea

Shaft Labyrinth Air Sealing Ring

47. Howden Part No: 103/ZJ-139 ea

48. Howden Part No: 103/ZJ-135 ea

49. Howden Part No: HDC08/07/1034 ea

O Ring Cord Ø5.33 X 700mm Long

50. Howden Part No: HDC08/02/7036 ea

O Ring 234.55 ID X Ø3.53 SECTION

51. Howden Part No: HDC08/02/7029 ea

O Ring 15.24 ID X Ø5.33 SECTION

52. Howden Part No: HDC08/02/7010 ea

IGV ASSEMBLY

Ring Locating Roller

53. Howden Part No: 118/KN/006 ea

54. Howden Part No: HDC08/16/1055 ea

Roller Mounting Spindal

55. Howden Part No: 118/KN/007 ea

56. Howden Part No: HDC08/16/1056 ea

Thrust Washer

33
PAYMENT RATE
ITEM NO DESCRIPTION UNIT
REFERS TO R C
57. Howden Part No: 118/KN/009 ea

58. Howden Part No: HDC08/16/1058 ea

Spacer Boss

59. Howden Part No: 118/KN/010 ea

60. Howden Part No: HDC08/16/1059 ea

Spacer Washer

61. Howden Part No: 118/KN/008 ea

62. Howden Part No: 118/KN/016 ea

63. Howden Part No: HDC08/16/1061 ea

64. Howden Part No: HDC08/16/1060 ea

M12 Screw Rod Connector

65. Howden Part No: 118/KN/014 ea

66. Howden Part No: HDC08/16/7098 ea

67. Howden Part No: HDC08/16/7043 ea

M6 Screw Rod Connector

68. Howden Part No: 118/KN/015 ea

69. Howden Part No: HDC08/16/7071 ea

Sperical Bearing Rod End

70. Howden Part No: HDC08/16/7024 ea

71. Howden Part No: HDC08/16/7041 ea

72. Howden Part No: HDC08/16/7023 ea

73. Howden Part No: HDC08/16/7024 ea

Self-Lube Bronze Bearing Flanged 25mm

74. Howden Part No: HDC08/16/7026 ea

Self-Lube Bronze Bearing Flanged 20mm

75. Howden Part No: HDC08/16/7025 ea

M24 Screw Rod Connector

76. Howden Part No: HDC08/16/7097 ea

Self-Lube Bronze Bearing 50mm

34
PAYMENT RATE
ITEM NO DESCRIPTION UNIT
REFERS TO R C
77. Howden Part No: HDC08/16/7040 ea

Self-Lube Bronze Bearing Flanged 35mm

78. Howden Part No: HDC08/16/7039 ea

VVD ASSEMBLY

O Ring Ø0.275" X 3m Long

79. Howden Part No: HDC08/21/7033 ea

Ring Locating Roller

80. Howden Part No: 118/KN/006 ea

81. Howden Part No: HDC08/16/1055 ea

Roller Mounting Spindle

82. Howden Part No: 118/KN/007 ea

83. Howden Part No: HDC08/16/1056 ea

Spacer

84. Howden Part No: 118/KN/024 ea

85. Howden Part No: 118/KN/029 ea

86. Howden Part No: 118/KN/025 ea

87. Howden Part No: HDC08/21/1051 ea

88. Howden Part No: HDC08/21/1050

Spacer Washer

89. Howden Part No: 118/KN/008 ea

90. Howden Part No: HDC08/16/1060 ea

91. Howden Part No: 118/KN/016 ea

92. Howden Part No: HDC08/16/1061 ea

M12 Screw Rod Connector

93. Howden Part No: 118/KN/028 ea

94. Howden Part No: HDC08/16/7098 ea

M6 Screw Rod Connector

95. Howden Part No: 118/KN/015 ea

35
PAYMENT RATE
ITEM NO DESCRIPTION UNIT
REFERS TO R C
96. Howden Part No: HDC08/16/7071 ea

Sperical Bearing Rod End

97. Howden Part No: HDC08/16/7023 ea

98. Howden Part No: HDC08/16/7024 ea

99. Howden Part No: HDC08/16/7041 ea

Self-Lube Bronze Bearing Flanged 25mm

100. Howden Part No: HDC08/16/7026 ea

Self-Lube Bronze Bearing Flanged 20mm

101. Howden Part No: HDC08/16/7025 ea

O Ring 21.82 ID X Ø3.53 SECTION

102. Howden Part No: HDC08/21/7058 ea

Self-Lube Bronze Bearing Flanged 50mm

103. Howden Part No: HDC08/16/7040 ea

Self-Lube Bronze Bearing Flanged 35mm

104. Howden Part No: HDC08/16/7039 ea

O Ring (Viton)

105. Howden Part No: HDC08/21/7032 ea

106. Howden Part No: HDC08/21/7033 ea

ACTUATORS

IGV - Frame Mini 1 Linear Actuator

107. Howden Part No: HDC08/25/7094 ea

VVD - Frame Mini 1 Linear Actuator

108. Howden Part No: HDC08/25/7094 ea

IGV - Electric Linear Actuator (250 Stroke)

109. Howden Part No: HDC08/25/7147 ea

Complete Oil Pump c/w gears (Mechanical)

110. Howden Part No: HDC08/17/7051 ea

111. Howden Part No: HDC08/17/7126 ea

Bearing Housing

36
PAYMENT RATE
ITEM NO DESCRIPTION UNIT
REFERS TO R C
112. Howden Part No: HDC08/17/1031 ea

113. Howden Part No HDC08/17/1047 ea

Gear Mounting Spindle

114. Howden Part No: HDC08/17/1027 ea

115. Howden Part No: HDC08/17/1046 ea

Spacer Plate

116. Howden Part No: HDC08/17/1034 ea

117. Howden Part No: HDC08/17/1050 ea

Oil Pump Driven Gear

118. Howden Part No: HDC08/17/1038 ea

119. Howden Part No: HDC08/17/1077 ea

Oil Pump Driving Gear

120. Howden Part No: HDC08/17/1019 ea

121. Howden Part No: HDC08/17/1088 ea


Single Row Radial Ball Bearing

122. Howden Part No: HDC08/17/7022 ea

123. Howden Part No: HDC08/17/7066 ea

Circlip Reference 0520

124. Howden Part No: HDC08/17/7023 ea

125. Howden Part No: HDC08/17/7067 ea

Coupling Hub U2-285 388

126. Howden Part No: HDC08/17/7046 ea

Coupling Sleeve US-292 983

127. Howden Part No: HDC08/17/7048 ea

Ø5 x 25 Long Spring Tension Pin

128. Howden Part No: HDC08/21/7050 ea

M10 x 60 Long Socket Cap Screw

129. Howden Part No: HM0210060B ea

M8 x 40 Long Socket Cap Screw

130. Howden Part No: HM0208040B ea

37
PAYMENT RATE
ITEM NO DESCRIPTION UNIT
REFERS TO R C

M6 x 15 Long Socket Cap Screw

131. Howden Part No: HM00206015B ea

M4 x 8 Long Grub Screw

132. Howden Part No: HM1004008B ea

Oil Pump Driven Gear Spacer

133. Howden Part No: HDC08/17/1037 ea

134. Howden part No: HDC08/17/1049 ea

Coupling Hub (Gear End)

135. Howden Part No: HDC08/17/7063 ea

Coupling Hub (Pump End)

136. Howden Part No: HDC08/17/7069 ea

Coupling Sleeve

137. Howden Part No: HDC08/17/7065 ea

Ø6 x 35 Long Spring Tension Pin

138. Howden Part No: HDC08/21/7056 ea

M12 x 55 Long Socket Cap Screw

139. Howden Part No: HM0112055A ea

M10 x 45 Long Socket Cap Screw

140. Howden Part No: HM0201045B ea

M8 x 25 Long Socket Cap Screw

141. Howden Part No: HM0208025B ea

HPI Port Adaptor 1 1/4" BSP(P)

142. Howden Part No: HDC08/17/7077 ea

HPI Port Adaptor 1 1/2" BSP(P)

143. Howden Part No: HDC08/17/7033 ea

MISCELANEOUS SPARES

Complete Oil Pump B.S.E. (Electrical)

144. Howden Part No: CEN15289/04/1-3 ea

38
PAYMENT RATE
ITEM NO DESCRIPTION UNIT
REFERS TO R C
145. Howden Part No: CEN15289/05/1-3 ea

146. Howden Part No: CEN15289/03/1-2 ea

147. Howden Part No: CEN15289/02/1-3 ea

148. Howden Part No: CEN15289/01/1-4 ea

149. / BOV Complete

150. Howden Part No: CEN15289/04/1-3 ea

151. Howden Part No: CEN15289/05/1-3 ea

152. Howden Part No: CEN15289/03/1-2 ea

153. Howden Part No: CEN15289/02/1-3 ea

154. Howden Part No: CEN15289/01/1-4 ea

Thermostatic valve element

155. Howden Part No: CEN15289/04/1-3 ea

156. Howden Part No: CEN15289/05/1-3 ea

157. Howden Part No: CEN15289/03/1-2 ea

158. Howden Part No: CEN15289/02/1-3 ea

159. Howden Part No: CEN15289/01/1-4 ea

160. Relief Valve

161. Howden Part No: CEN15289/04/1-3 ea

162. Howden Part No: CEN15289/05/1-3 ea

163. Howden Part No: CEN15289/03/1-2 ea

164. Howden Part No: CEN15289/02/1-3 ea

165. Howden Part No: CEN15289/01/1-4 ea

Main Drive Coupling

166. Howden Part No: CEN15289/04/1-3 ea

167. Howden Part No: CEN15289/05/1-3 ea

168. Howden Part No: CEN15289/03/1-2 ea

169. Howden Part No: CEN15289/02/1-3 ea

170. Howden Part No: CEN15289/01/1-4 ea

Aerzen Motor assembly AT300-0.8T

39
PAYMENT RATE
ITEM NO DESCRIPTION UNIT
REFERS TO R C
171. Aerzen Part No: 041-01139 ea

I/O Board V024 with pressure sensor

172. Aerzen Part No: 041-030032 ea

Timer

173. Aerzen Part No: 030055 ea

CPU Board V061

174. Aerzen Part No: 041-030011 ea

PARTS

Allow provisional sums for the selection and supply


of parts and accessories required for rotary blowers.

B2 Supply of shafts, bearing sets, lobes, packing / shaft


seal sets, coupling sets, oil throwers, breathers,
plugs, oil expansion chambers, oil pumps,
gearboxes, taper locks, keys, fasteners and any other
blower parts.

175. Provisional sum allowance for parts, up to and including Prov


R300,000 Sum 300 000.00

176. Allow for 10% profit mark up on the above provisional sum 10% 30 000.00

40
ITEM PAYMENT RATE
DESCRIPTION UNIT
NO REFERS TO R C

SCHEDULE C – SERVICING, TESTING,


COMMISSIONING AND TRAINING

Allow for all costs and expenses in connection with


servicing, testing, commissioning, labour, tools,
equipment and materials of the following: -

C1 Non-Destructive Testing per test

177. Magnetic Particle Indication Item

178. Dye Spray Item

179. Ultrasound Item

C2 Heat treatment, gear grinding & licking, abrasive


blasting

180. Provisional sum allowance for process, R50,000. Prov Sum 50 000.00

181. Allow for 10% profit mark up on the above provisional


sum % 5 000.00

C3 Performance Testing at manufacturers workshop

182. No Load for at least 4 hours, under 30kW, to include Item


results report

183. No Load for at least 8 hours, over 30kW, to include results Item
report

C4 Vibration Analysis

184. Onsite set-up transducers, monitor and collect data on


vertical, horizontal and axial planes for the equipment
set/asset. Download all data collected to software,
prepare for conditioning, precision and diagnostic
analysis. No.

185. Prepare findings and copies of all spectrums, graphs, Item


diagnostics, documents and reports. Compile full detailed
technical report with corrective recommendations.
Supply 1x hard and 1x electronic copies of the works
package report.

C5 Oil Sampling

186. Taking of oil sample onsite (Per Sample) No.

187. Analysing of oil samples and preparing of findings. Item


Compile full detailed technical report with corrective
measures. Supply 1x hard and 1x electronic copies of all
reports of the works package

188. C6 Thermography

189. Conduct Thermography Onsite, for the assets. No.

41
ITEM PAYMENT RATE
DESCRIPTION UNIT
NO REFERS TO R C
190. Analysing of images and preparing of findings. Compile
full detailed technical report with corrective measures.
Supply 1x hard and 1x electronic copies of the works
package Item

C7 Laser Alignment, stand alone

191. Shaft alignment No.

192. Belt alignment No.

C8 Commissioning

193. Commissioning of works including laser alignment and


full commissioning report detailing all repairs, containing
tolerances, clearances, back lashes and material
specifications. Item

C9 PLANNED MAINTENANCE FOR HIGH SPEED


CENTRIFUGAL BLOWERS VARIOUS MODELS

Maintenance Activities Electrical

194. Monthly Maintenance Activities: Electrical ea.


(Annexure 1 Item 1.1.2)

195. 6 Monthly Maintenance Activities: Electrical ea.


(Annexure 1 Item 1.1.3)

196. Yearly Maintenance Activities: Electrical (Annexure ea.


1 Item 1.1.4)

197. 3 Yearly Maintenance Activities: Electrical ea.


(Annexure 1 Item 1.1.5)

Maintenance Activities Mechanical

198. 3 Monthly Maintenance Activities: Mechanical ea.


(Annexure 1 Item 1.2.3)

199. Yearly Maintenance Activities: Mechanical ea.


(Annexure 1 Item 1.2.4)

200. 3 Yearly Maintenance Activities: Mechanical ea.


(Annexure 1 Item 1.2.5)

2.3 Maintenance Activities Instrumentation

201. Monthly Maintenance Activities: Instrumentation ea.


(Annexure 1 Item 1.3.2)

202. 6 Monthly Maintenance Activities: Instrumentation ea.


(Annexure 1 Item 1.3.3)

203. Yearly Maintenance Activities: (Instrumentation ea.


Annexure 1 Item 1.3.4)

C10 TRAINING
204.

42
ITEM PAYMENT RATE
DESCRIPTION UNIT
NO REFERS TO R C
Allow for classroom training as per Item 5.5.5 in Sum
Specification

43
Pricing Instructions:

5.1 State the rates and prices in Rand unless instructed otherwise in the tender conditions.

5.2 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 General Tender Information.

5.3 All prices tendered must include all expenses, disbursements and costs (e.g. transport,
accommodation etc.) that may be required for the execution of the tenderer’s obligations in terms of
the Contract, and shall cover the cost of all general risks, liabilities and obligations set forth or implied
in the Contract as well as overhead charges and profit (in the event that the tender is successful). All
prices tendered will be final and binding.

5.4 All prices shall be tendered in accordance with the units specified in this schedule.

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

No minimum order quantities are guaranteed. The exact quantities are not known and accordingly
tenderers have been asked to indicate unit prices

5.6 The successful tenderer is required to perform all tasks listed against each item. The tenderer must
therefore tender prices/rates on all items as per the section in the Price Schedule. An item against
which no rate is/are entered, or if anything other than a rate or a nil rate (for example, a zero, a
dash or the word “included” or abbreviations thereof) is entered against an item, it will also be
regarded as a nil rate having been entered against that item, i.e. that there is no charge for that
item. The Tenderer may be requested to clarify nil rates, or items regarded as having nil rates;
and the Employer may also perform a risk analysis with regard to the reasonableness of such
rates.

5.7 Provide fixed rates and prices for the duration of the contract that are not subject to adjustment except
as otherwise provided for in clause 17 of the Conditions of Contract and as amplified in the Special
Conditions of Contract.

5.8 The tenderer may not group a number of items together and tender for such group of items.

5.9 No unauthorized amendment shall be made to the Schedule of Rates or any part of the Pricing Data.
If such amendment is made, or if the Schedule of Rates are not properly completed, the tender may
be rendered non-responsive.

5.10 The Employer reserves the right to negotiate with the tenderer if a rate or rates is/are excessively high,
and to perform a risk analysis if a rate or rates is/are excessively low.

5.11 If there is found to be any variance between the printed version and the original issued document, the
original shall stand. However, where Addenda have bene issued which amend the Schedules of Rates,
then the printed Schedule of Rates shall take these into account.

5.12 The pages of the issued Schedules of Rates should not be removed from the tender document.

INITIALS OF CITY OFFICIALS


1 2 3

44
(6) SUPPORTING SCHEDULES

Schedule 1: Certificate of Authority for Partnerships/ Joint Ventures/


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

1. We, the undersigned, are submitting this tender offer as a partnership/ joint venture/ consortium and
hereby authorize Mr/Ms ___________________________, of the authorised entity
____________________________________, acting in the capacity of Lead Partner, to sign all
documents in connection with the tender offer and any contract resulting from it on the partnership/joint
venture/ consortium’s behalf.
2. By signing this schedule, the partners to the partnership/joint venture/ consortium:
2.1 warrant that the tender submitted is in accordance with the main business and objectives of
the partnership/joint venture/ consortium;
2.2 agree that the CCT shall make all payments in terms of this Contract into the following bank
account of the Lead Partner:
Account Holder: ____________________________
Financial Institution: _________________________
Branch Code: ______________________________
Account No.: _______________________________
2.3 agree that in the event that there is a change in the partnership/ joint venture/ consortium
and/or should a dispute arise between the partnership/joint venture/ consortium partners, that
the CCT shall continue to make any/all payments due and payable in terms of the Contract
into the aforesaid bank account until such time as the CCT is presented with a Court Order or
an original agreement (signed by each and every partner of the partnership/joint venture/
consortium) notifying the CCT of the details of the new bank account into which it is required
to make payment.
2.4 agree that they shall be jointly and severally liable to the CCT for the due and proper fulfilment
by the successful tenderer/supplier of its obligations in terms of the Contract as well as any
damages suffered by the CCT as a result of breach by the successful tenderer/supplier. The
partnership/joint venture/ consortium partners hereby renounce the benefits of excussion and
division.

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

NAME OF FIRM ADDRESS DULY AUTHORISED SIGNATORY

Lead partner Signature……………………………....


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

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

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

Signature……………………………....
Name……………………………………
Designation…………………………....
Note: A copy of the Joint Venture Agreement shall be appended to List of other documents attached by
tenderer schedule

45
Schedule 2: Declaration for Procurement above R10 million

If the value of the transaction is expected to exceed R10 million (VAT included) the tenderer shall complete
the following questionnaire, attach the necessary documents and sign this schedule:

1. Are you by law required to prepare annual financial statements for auditing? (Please mark
with X)

YES NO

1.1 If YES, submit audited annual financial statements:

(i) for the past three years, or


(ii) since the date of establishment of the tenderer (if established during the past three
years)

By attaching such audited financial statements to List of other documents attached by


tenderer schedule.

2. Do you have any outstanding undisputed commitments for municipal services towards the CCT or
other municipality in respect of which payment is overdue for more than 30 (thirty) days?
(Please mark with X)

YES NO

2.1 If NO, this serves to certify that the tenderer has no undisputed commitments for municipal
services towards any municipality for more than three (3) (three) months in respect of which
payment is overdue for more than 30 (thirty) days.

2.2 If YES, provide particulars:


________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
_______________________________________________________________________________

3. Has any contract been awarded to you by an organ of state during the past five (5) years? (Please
mark with X)

YES NO

46
3.1 If YES, insert particulars in the table below including particulars of any material non-
compliance or dispute concerning the execution of such contract. Alternatively attach the particulars
to List of other documents attached by tenderer schedule in the same format as the table below:

Organ of State Contract Description Contract Non-compliance/dispute


Period (if any)

4. Will any portion of the goods or services be sourced from outside the Republic, and if so, what portion
and whether any portion of payment from the CCT is expected to be transferred out of the Republic?
(Please mark with X)

YES NO

4.1 If YES, furnish particulars below

The tenderer hereby certifies that the information set out in this schedule and/or attached hereto is true and
correct, and acknowledges that failure to properly and truthfully complete this schedule may result in steps
being taken against the tenderer, the tender being disqualified, and/or (in the event that the tenderer is
successful) the cancellation of the contract, restriction of the tenderer or the exercise by the employer of any
other remedies available to it.

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

47
Schedule 3: Preference Schedule
1 Definitions
The following definitions shall apply to this schedule:
All applicable taxes: Includes value-added tax, pay as you earn, income tax, unemployment insurance
fund contributions and skills development levies.
Applicable Code: Shall be either the Amended Codes of Good Practise (published on 11 October 2013)
or Sector Specific Codes as indicated in the tender conditions
B-BBEE: Broad-based black economic empowerment as defined in section 1 of the Broad-Based Black
Economic Empowerment Act.
B-BBEE status level of contributor: The B-BBEE status of an entity in terms of a code of good practice
on black economic empowerment issued in terms of section 9(1) of the Broad-Based Black Economic
Empowerment Act
Bid (Tender): A written offer in a prescribed or stipulated form in response to an invitation by an organ of
state for the provision of services, works or goods, through price quotations, advertised competitive
bidding processes or proposals.
Black Designated Groups: The meaning assigned to it in the codes of good practice issued in terms of
section 9(1) of the Broad-Based Black Economic Empowerment Act, 2003, (Act 53 of 2003).
Black People: The meaning assigned to it in section 1 of the Broad-Based Black Economic
Empowerment Act.
Broad-Based Black Economic Empowerment Act: The Broad-Based Black Economic Empowerment
Act, Act 53 of 2003.
Consortium or Joint Venture: 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.
Contract The agreement that results from the acceptance of a bid by an organ of state.
Co-operative: A co-operative registered in terms of section 7 of the Co-operatives Act, 2005 (Act no. 14
of 2005).
Designated Group: Black designated groups, black people, women, people with disabilities or small
enterprises as defined in section 1 of the National Small Enterprises Act, 1996 (act no. 102 of 1996)
Designated Sector: A sector, sub-sector or industry or product that has been designated in terms of any
relevant regulation of the Preferential Procurement Regulations, 2017.
Exempted Micro Enterprise (EME): An exempted micro enterprise in terms of a code of good practice
on black economic empowerment issued in terms of section 9(1) of the Broad-Based Black Economic
Empowerment Act
Firm Price: The price that is only subject to adjustments in accordance with the actual increase or
decrease resulting from the change, imposition, or abolition of customs or excise duty and any other duty,
levy, or tax, which, in terms of the law or regulation, is binding on the contractor and demonstrably has an
influence on the price of any supplies, or the rendering costs of any service, for the execution of the
contract.
Functionality: The ability of a tenderer to provide goods or services in accordance with specifications as
set out in the tender documents.
Military Veteran: The meaning assigned to it in section 1 of the Military Veterans Act, 2011 (Act No. 18
of 2011).
National Treasury: The meaning assigned to it in section 1 of the Public Finance Management Act, 1999
(Act No. 18 of 1999.
Non-firm prices: All prices other than “firm” prices.
Person: Includes a juristic person.
People with disabilities: The meaning assigned to it in section 1 of the Employment Equity Act, 1998
(Act No. 55 of 1998).
Price: Includes all applicable taxes less unconditional discounts.
Proof of B-BBEE status level of contributor: The B-BBEE status level certificate issued by an
authorised body or person, a sworn affidavit as prescribed by the B-BBEE Codes of good Practice or any
other requirement prescribed in terms of the Broad-Based Black Economic Empowerment Act.
48
Qualifying Small Enterprise (QSE): A qualifying small enterprise in terms of a code of good practice on
black economic empowerment issued in terms of section 9(1) of the Broad-Based Black Economic
Empowerment Act.
Rand Value: means the total estimated value of a contract in Rand, calculated at the time of bid
invitations.
Rural Area: A sparsely populated area in which people farm or depend on natural resources, including
villages and small towns that are dispersed through the area or an area including a large settlement which
depends on migratory labour and remittances and government social grants for survival, and may have a
traditional land tenure system.
Stipulated Minimum Threshold: The minimum threshold stipulated in terms of any relevant regulation
of the Preferential Procurement Regulations, 2017.
Sub-contract: The primary contractor’s assigning, leasing, making out work to, or employing, another
person to support such primary contractor in the execution of part of a project in terms of the contract.
The Act: The Preferential Procurement Policy Framework Act, 2000 (Act No 5 of 2000).
Total Revenue: Bears the same meaning assigned to this expression in the Codes of Good Practice on
Black Economic Empowerment, issued in terms of section 9(1) of the Broad-Based Black Economic
Empowerment Act and promulgated in the Government Gazette on 9 February 2007.
Township: An urban living area that at any time from the late 19th century until 27 April 1994, was
reserved for black people, including areas developed for historically disadvantaged individuals post 27
April 1994.
Treasury: The meaning assigned to it in section 1 of the Public Finance Management Act, 1999 (Act No.
18 of 1999).
Trust: The arrangement through which the property of one person is made over or bequeathed to a
trustee to administer such property for the benefit of another person.
Trustee: Any person, including the founder of a trust, to whom property is bequeathed in order for such
property to be administered for the benefit of another person.
Youth: The meaning assigned to it in section 1 of the National Youth Development Agency Act, 2008 (Act
No. 54 of 2008).

2 Conditions associated with the granting of preferences


A supplier that is granted a preference undertakes to:
1) accept that the number of preference points allocated will be based on the B-BBEE status level of
contributor of the supplier as at the closing date for submission of tender offers;
2) not sub-contract more than 25% of the value of the contract to sub-contractors that do not have an
equal or higher B-BBEE status level of contributor than the supplier, unless the intended sub-
contractors are exempted micro enterprises that have the capability and ability to execute the sub-
contract works or unless otherwise declared in terms of Section 5 below;
3) accept that a contract may not be awarded if the price offered is not market related;
4) accept the sanctions set out in Section 3 below should Condition 2(2) be breached, or should the
tenderer have submitted any false information regarding its B-BBEE status level of contributor, local
production and content, or any other matter required in terms of this bid that will affect, or has affected
the bid evaluation;
5) accept that, in order to qualify for preference points, it is the responsibility of the supplier to submit
documentary proof of its BBBEE level of contribution in accordance with the Codes of Good Practise,
2013, to the CCT at the Supplier Management Unit located within the Tender Distribution Office, 2nd
Floor (Concourse Level), Civic Centre, 12 Hertzog Boulevard, Cape Town (Tel 021 400 9242/3/4/5);
6) accept that, further to 5) above, Consortiums/Joint Ventures will qualify for preference points, provided
that the entity submits the relevant certificate/scorecard in terms of the Preferential Procurement
Regulations, 2017. Note that, in the case of unincorporated entities, a verified scorecard in the name
of the consortium/Joint Venture must be submitted with the quotation (attached to this schedule);
7) accept that if it is found that, in the performance of the contract, the participation of the various partners
in a Consortium/ Joint Venture differs substantially from that upon which the consolidated scorecard
submitted in terms of 5) above was based, and the impact of which is that the Joint Venture would not
have been awarded the contract in terms of the actual B-BBEE level of contribution achieved by the
Joint Venture, then a financial penalty shall be applied (in addition to any other remedies that the CCT
may have) in accordance with Section 3 below;

49
8) accept that the CCT will verify the B-BBEE level of contributor of the supplier as at the closing date for
submission of tender offers, to determine the number of preference points to be awarded to the
supplier. In the case of Consortiums/Joint Ventures which tender as unincorporated entities, a verified
scorecard submitted with the tender and valid as at the closing date will be used to determine the
number of preference points to be awarded to the supplier;
9)
10) accept that, notwithstanding 8) above, a supplier will not be awarded points for B-BBEE status level
of contributor if he indicates in his tender that he intends sub-contracting more than 25% of the value
of the contract to sub-contractors that do not qualify for at least the points that the supplier qualifies for
unless the intended sub-contractors are exempted micro enterprises that have the capability and ability
to execute the sub-contract works;
11) accept that any subcontracting arrangements after the award of the tender may only be entered into
upon the prior approval of the City of Cape Town; and
12) immediately inform the City of Cape Town of any change that may affect the tenderer’s B-BBEE level
of contribution upon which preference points will be or have been allocated.

3 Sanctions relating to breaches of preference conditions


The sanctions for breaching the conditions associated with the granting of preferences are:
1) disqualify the supplier from the tender process;
2) recover costs, losses or damages the CCT has incurred or suffered as a result of the supplier’s or
contractor’s conduct;
3) cancel the contract in whole or in part and claim any damages which the CCT has suffered as a result
of having to make less favourable arrangements due to such cancellation;
4) restrict the supplier, its shareholders and directors, or only the shareholders and directors who acted
on a fraudulent basis, from obtaining business from the CCT for a period not exceeding 10 years, after
the audi alteram partem (hear the other side) rule has been applied and inform the National Treasury
accordingly;
5) forward the matter for criminal prosecution; and/or
6) financial penalties payable to the CCT, as set out below.

Financial penalty for breach of Condition 2 in Section 2 above:


The penalty to be applied for sub-contracting more than 25% of the value of the contract to sub-contractors
that do not qualify for at least the preference points that the supplier qualified for (unless so declared or
proven to be beyond the control of the supplier, or the sub-contractors are EMEs that have the capability
and ability to execute the sub-contract works) shall be as provided for in the following formula:

Penalty = 0.5 x E(%) x P*


where:
E = The value of work (excluding VAT) executed by sub-contractors that do not qualify for at least the
preference points that the supplier qualified for, expressed as a percentage of P*, less 25%
P* = Value of the contract

Financial penalty for breach in terms of condition 6 in Section 2 above:


The penalty to be applied where, in the performance of the contract, the participation of the various
partners in a Consortium/ Joint Venture differs substantially from that upon which the consolidated
scorecard submitted in terms of 5) in Section 2 above was based, and the impact of which is that the Joint
Venture would not have been awarded that contract in terms of the actual B-BBEE level of contribution
achieved by the Joint Venture, shall be as provided for in the following formula:
Penalty = 5/100 x (B-BBEEa – B-BBEEt) x P*
where:
B-BBEEa = The B-BBEE level of contribution that is achieved, determined in accordance
with the actual participation of the Joint Venture partners in the performance of the
contract

50
B-BBEEt = The B-BBEE level of contribution that was used to determine the number of
preference points granted to the Joint Venture at the time of tender evaluation
P* = Value of the contract

Financial penalty for breach in terms of condition 10 in Section 2 above:


The penalty to be applied where the supplier fails to disclose subcontracting arrangement after the award
of the tender is up to a maximum of 10% of the value of the contract

4 Level of Contribution in respect of enterprise status or structure of the tendering entity (the
supplier)
In the interest of transparency, suppliers are required to complete Table 1: Level of Contribution below.
Table 1: Level of Contribution
Status (tick box(es)
Type of B-BBEE Contributor
below as applicable)

Exempted Micro Enterprise (EME), 100% black-owned

Exempted Micro Enterprise (EME), at least 51% but less


than 100% black-owned
Exempted Micro Enterprise (EME), less than 51% black-
owned
Qualifying Small Enterprise (QSE), 100% black-owned
Qualifying Small Enterprise (QSE), at least 51% but less
than 100% black-owned
Qualifying Small Enterprise (QSE), less than 51% black-
owned
Verified B-BBEE contributor
B-BBEE Status Level of Contributor1

Non-compliant contributor
1 If it is indicated that the company/firm/entity is a verified B-BBEE contributor, then the verified status
level of contributor must be inserted in the box provided (insert a number from 1 to 8 as applicable)
5 Declarations
1) With reference to Condition 8 in Section 2 above, the supplier declares that:
I/we hereby forfeit my preference points because I /we DO intend sub-contracting
more than 25% of the value of the contract to sub-contractors that do not qualify
for at least the points that I/we as supplier qualify for or are not exempted micro
enterprises that have the capability and ability to execute the sub-contract works
Note:
Suppliers who do not tick this box will be allocated preference points but the sanctions relating
to breaches of preference conditions in Section 3 will be applicable if the supplier contravenes
the conditions in Section 2.
2) The undersigned, who warrants that he/she is duly authorised to do so on behalf of the supplier, hereby
certifies that the preference claimed based on the B-BBEE status level of contribution indicated in
Table 1, qualifies the supplier, subject to condition 8 in Section 2 above, for such preference claimed,
and acknowledges that:
(i) the information furnished is true and correct;
(ii) the preference claimed is in accordance with the conditions of this schedule;
(iii) the supplier may be required to furnish documentary proof to the satisfaction of the CCT that
the BBBEE level of contributor as at the closing date is correct; and
iv) he/she understands the conditions under which preferences are granted, and confirms that
the supplier will satisfy the conditions pertaining to the granting of preferences.
51
________________________________ _________________________________
Signature Date

________________________________ For official use.


Name (PRINT)
(For and on behalf of the Supplier (duly authorised)) SIGNATURE OF CITY OFFICIALS AT
TENDER OPENING

1. 2. 3.

52
Schedule 4: Declaration of Interest – State Employees (MBD 4 amended)

1. No bid will be accepted from:


1.1 persons in the service of the state¹, or
1.2 if the person is not a natural person, of which any director, manager or principal shareholder or
stakeholder is in the service of the state, or
1.3 from persons, or entities of which any director, manager or principal shareholder or stakeholder,
has been in the service of the City of Cape Town during the twelve months after the City employee
has left the employ of the City, or
1.4 from an entity who has employed a former City employee who was at a level of T14 of higher at
the time of leaving the City’s employ and involved in any of the City’s bid committees for the bid
submitted, if:
1.4.1 the City employee left the City’s employment voluntarily, during a period of 12 months after
the City employee has left the employ of the City;
1.4.2 the City employee left the City’s employment whilst facing disciplinary action by the City,
during a period of 24 months after the City employee has left the employ of the City, or
any other period prescribed by applicable legislative provisions, after having left the City’s
employ.
2. Any person, having a kinship with persons in the service of the state, including a blood relationship,
may make an offer or offers in terms of this invitation to bid. In view of possible allegations of
favouritism, should the resulting bid, or part thereof, be awarded to persons connected with or related
to persons in service of the state, it is required that the tenderer or their authorised representative
declare their position in relation to the evaluating/adjudicating authority.

3. In order to give effect to the above, the following questionnaire must be completed and submitted with
the bid.

3.1 Full Name of tenderer or his or her representative: ...

3.2 Identity Number:…………………………………………………

3.3 Position occupied in the Company (director, trustee, shareholder²)…………………………

3.4 Company or Close Corporation Registration Number:………………………………………

3.5 Tax Reference Number………………………………………………………………………………..

3.6 VAT Registration Number:…………………………………………………………………………….

3.7 The names of all directors / trustees / shareholders members, their individual identity numbers
and state employee numbers must be indicated in paragraph 4 below.

3.8 Are you presently in the service of the state? YES / NO

3.8.1 If yes, furnish particulars ……………………………………………………………….

3.9 Have you been in the service of the state for the past twelve months? YES / NO

3.9.1 If yes, furnish particulars …………………………………………………………….


3.10 Do
you have any relationship (family, friend, other) with persons in the service of the state and who may
be involved with the evaluation and or adjudication of this bid? YES / NO

3.10.1 If yes, furnish particulars …………………………………………………………………

3.11 Are you, aware of any relationship (family, friend, other) between any other tenderer and any
persons in the service of the state who may be involved with the evaluation and or adjudication
of this bid? YES / NO

53
3.11.1 If yes, furnish particulars………………………………………………………………….

3.12 Are any of the company’s directors, trustees, managers, principle shareholders or
stakeholders in service of the state? YES / NO

3.12.1 If yes, furnish particulars …………………………………………………………..…

3.13 Are any spouse, child or parent of the company’s directors, trustees, managers, principle
shareholders or stakeholders in service of the state? YES / NO

3.13.1 If yes, furnish particulars ……………………………………………………………………

3.14 Do you or any of the directors, trustees, managers, principle shareholders, or stakeholders of
this company have any interest in any other related companies or business whether or not
they are bidding for this contract? YES / NO

3.14.1 If yes, furnish particulars ………………………………………………………………………

3.15 Have you, or any of the directors, trustees, managers, principle shareholders, or stakeholders
of this company been in the service of the City of Cape Town in the past twelve
months? YES / NO

3.15.1 If yes, furnish particulars ………………………………………………………………………

3.16 Do you have any employees who was in the service of the City of Cape Town at a level of T14
or higher at the time they left the employ of the City, and who was involved in any of the City’s
bid committees for this bid? YES / NO

3.16.1 If yes, furnish particulars ………………………………………………………………………

4. Full details of directors / trustees / members / shareholders

Full Name Identity Number State Employee Number

If the above table does not sufficient to provide the details of all directors / trustees / shareholders, please
append full details to the tender submission.

The tenderer hereby certifies that the information set out in this schedule and/or attached hereto is true and
correct, and acknowledges that failure to properly and truthfully complete this schedule may result in steps
being taken against the tenderer, the tender being disqualified, and/or (in the event that the tenderer is

54
successful) the cancellation of the contract, restriction of the tenderer or the exercise by the employer of any
other remedies available to it.

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

¹MSCM Regulations: “in the service of the state” means to be –


(a) a member of –
(i) any municipal council;
(ii) any provincial legislature; or
(iii) the national Assembly or the national Council of provinces;

(b) a member of the board of directors of any municipal entity;


(c) an official of any municipality or municipal entity;
(d) an employee of any national or provincial department, national or provincial public entity or constitutional institution
within the meaning of the Public Finance Management Act, 1999 (Act No.1 of 1999);
(e) an executive member of the accounting authority of any national or provincial public entity; or
(f) an employee of Parliament or a provincial legislature.

² Shareholder” means a person who owns shares in the company and is actively involved in the management of the company
or business and exercises control over the company.

55
Schedule 5: Conflict of Interest Declaration
1. The tenderer shall declare whether it has any conflict of interest in the transaction for which the tender
is submitted. (Please mark with X)

YES NO

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

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

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

2.2 any reward, gift, favour or hospitality to any official or any other role player involved in the
implementation of the supply chain management policy. (Please mark with X)

YES NO

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

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

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

The tenderer hereby certifies that the information set out in this schedule and/or attached hereto is true and
correct, and acknowledges that failure to properly and truthfully complete this schedule may result in steps
being taken against the tenderer, the tender being disqualified, and/or (in the event that the tenderer is
successful) the cancellation of the contract, restriction of the tenderer or the exercise by the employer of any
other remedies available to it.

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

56
Schedule 6: Declaration of Tenderer’s Past Supply Chain
Management Practices (MBD 8)
Where the entity tendering is a partnership/joint venture/consortium, each party to the partnership/joint
venture/consortium must sign a declaration in terms of the Municipal Finance Management Act, Act 56 0f 2003, and
attach it to this schedule.

1 The tender offer of any tenderer may be rejected if that tenderer or any of its
directors/members have:

a) abused the municipality’s / municipal entity’s supply chain management system or committed
any fraudulent conduct in relation to such system;
b) been convicted for fraud or corruption during the past five years;
c) willfully neglected, reneged on or failed to comply with any government, municipal or other
public sector contract during the past five years; or
d) been listed in the Register for Tender Defaulters in terms of section 29 of the Prevention and
Combating of Corrupt Activities Act (No 12 of 2004) or Database of Restricted Suppliers.

2 In order to give effect to the above, the following questionnaire must be completed and
submitted with the bid.

Item Question Yes No


2.1 Is the tenderer or any of its directors/members listed on the National Yes No
Treasury’s Database of Restricted Suppliers as companies or persons
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 Accounting Officer/Authority of the institution that imposed the
restriction after the audi alteram partem rule was applied).

The Database of Restricted Suppliers now resides on the National Treasury’s


website(www.treasury.gov.za) and can be accessed by clicking on its link at the
bottom of the home page.

2.1.1 If so, furnish particulars:

57
2.2 Is the tenderer or any of its directors/members listed on the Register for Tender Yes No
Defaulters in terms of section 29 of the Prevention and Combating of Corrupt
Activities Act (No 12 of 2004) or Database of Restricted Suppliers?

The Register for Tender Defaulters can be accessed on the National


Treasury’s website (www.treasury.gov.za) by clicking on its link at the
bottom of the home page.

2.2.1 If so, furnish particulars:

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

2.3.1 If so, furnish particulars:

58
Item Question Yes No
2.4 Does the tenderer or any of its directors owe any municipal rates and taxes or Yes No
municipal charges to the municipality / municipal entity, or to any other
municipality / municipal entity, that is in arrears for more than three months?

2.4.1 If so, furnish particulars:

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

2.7.1 If so, furnish particulars:

The tenderer hereby certifies that the information set out in this schedule and/or attached hereto is
true and correct, and acknowledges that failure to properly and truthfully complete this schedule may
result in steps being taken against the tenderer, the tender being disqualified, and/or (in the event that
the tenderer is successful) the cancellation of the contract, , restriction of the tenderer or the exercise
by the employer of any other remedies available to it.

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

59
Schedule 7: Authorisation for the Deduction of Outstanding
Amounts Owed to the City of Cape Town

To: THE CITY MANAGER, CITY OF CAPE TOWN

From: _______________________________________________________________
(Name of tenderer)

R E: AU T H O R I S AT I ON F O R T H E D ED U CTI O N O F O UT ST AN D I N G AM OU NT S O W ED
TO THE CITY OF C APE TOWN

The tenderer:

a) hereby acknowledges that according to SCM Regulation 38(1)(d)(i) the City Manager may reject the
tender of the tenderer if any municipal rates and taxes or municipal service charges owed by the
tenderer (or any of its directors/members/partners) to the CCT, or to any other municipality or
municipal entity, are in arrears for more than 3 (three) months; and

b) therefore hereby agrees and authorises the CCT to deduct the full amount outstanding by the Tenderer
or any of its directors/members/partners from any payment due to the tenderer; and

c) confirms the information as set out in the tables below for the purpose of giving effect to b) above;

d) The tenderer hereby certifies that the information set out in this schedule and/or attached hereto is
true and correct, and acknowledges that failure to properly and truthfully complete this schedule may
result in steps being taken against the tenderer, the tender being disqualified, and/or (in the event that
the tenderer is successful) the cancellation of the contract, restriction of the tenderer or the exercise
by the employer of any other remedies available to it.

Municipal Account
Physical Business address(es) of the tenderer
number(s)

If there is not enough space for all the names, please attach the information to List of other
documents attached by tenderer schedule in the same format:
Name of
Municipal
Director / Identity Physical residential address of Director /
Account
Member / Number Member / Partner
number(s)
Partner

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

60
Schedule 8: Contract Price Adjustment and/or Rate of Exchange
Variation

8. Pricing Instructions:

8.1 The Contract Price Adjustment mechanism and/or provisions relating to Rate of Exchange
Variation, contained in this schedule is compulsory and binding on all tenderers.
8.2 Failure to complete this schedule or any part thereof may result in the tender offer being declared
non-responsive.
8.3 Tenderers are not permitted to amend, vary, alter or delete this schedule or any part thereof
unless otherwise stated in this schedule, failing which the tender offer shall be declared non-responsive.
8.4 Tenderers are not permitted to offer firm prices except as provided for in the Price Schedule, and
if the tenderer offers firm prices in contravention of this clause the tender offer shall be declared
non- responsive.

Any claim for an increase in the Contract price shall be submitted in writing to the:
Director Supply Chain Management, City of Cape Town,
P O Box 655, Cape Town, 8000 or
by email to: [email protected]

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

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

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

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

Tenderers are not permitted to amend, vary, alter or delete this schedule or
any part thereof unless otherwise stated in this schedule, failing which the
tender offer shall be declared non-responsive.
TENDERER TO INDICATE METHODOLOGY OF THEIR PRICING IF CPI OR ANY OTHER
METHODOLOGY IS APPLICABLE THEN IT MUST BE ADDED BELOW – IF FIRM PRICES THEN
THIS IS NOT APPLICBALE

Section Methodology Tender to indicate by a cross (


applicable X ) which methodology is
applicable to their offer
A Supplier / Manufacturer Price List Variations
B Rate of Exchange (for tenderers directly
importing)
D CPI

61
8.9 CONTRACT PRICE ADJUSTMENT MECHANISMS:

8.9.1 SUPPLIER/MANUFACTURER PRICE LIST VARIATIONS:

Subject to the above, If the contract is subject to variation based on SUPPLIER/


MANUFACTURER PRICE LIST VARIATIONS, the following will be applicable:

8.9.1.1 Contractor must supply the following documentation when applying for a price variation:

 The Supplier/Manufacturer price list(s) that the tender was based upon clearly
indicating the item numbered according to the tender pricing schedule (Table A to
be completed below for Contractors who are not the Manufacturer/Supplier).

 The new price list on the signed Supplier/Manufacturers letter head (excepting for
pamphlets, brochures) clearly indicating the item according to the tender pricing
schedule from the same Supplier/Manufacturer from date of tender

 Detailed calculations indicating how the “new” price is established. The calculations
must be submitted on an excel spreadsheets together with a pdf signed spreadsheet.

 Covering letter on a letterhead from contractor requesting the variation. All


documentation to be signed by relevant parties prior to the date upon which the price
variation would become effective.

8.9.1.2 The effective date of any price increases granted will be at the date when all the above
mentioned documentation is submitted or in exceptional circumstances at the discretion of the
Contract Manager It must be noted that the date that only partial submission of documents
wi not be the date that will be considered when the price adjustment is granted,
only when ALL signed documentation is submitted then the variation will be granted if the
price is acceptable and market related.

8.9.1.3 In instances where the contractors price claimed is less than entitled, the lesser price will be
accepted.

8.9.1.4 Orders placed prior to the effective date will not be allowed to be varied. Only the difference in
cost will be allowed to be varied and under no circumstances may the contractor increase their
profit margin.

8.9.1.5 In the event of a contactor changing their supplier/manufacturer during the tenure of the contract,
any request for price variations will not be considered unless the contractor obtains prior
approval from the Contract Manager.

8.9.1.6 Process that will be followed:

 Contractor submits all the documentation indicated above prior to the effective date of
the variation.

 The City will consider the variation and based on the documentary evidence, the City
may approve the variation.

 Letters authorising the price variation will be communicated to the contractor indicating
the effective date

62
 All purchase orders from the effective date will be generated at the approved contract
price. Purchase orders placed prior to the effective date will not be varied.

TABLE A: CONTRACT PRICE ADJUSTMENT USING SUPPLIER/MANUFACTURER PRICE


LISTS: THE CONTRACTOR IS REQUIRED TO COMPLETE THE TABLE BELOW.

1) Item 2) Descri 3) Name of 4) Date of 1) Price


no. ption Supplier Price List/Quo
as as per /Manufa List/Quo tation
per the cturer tation Referen
the Pricing upon ce
Prici Sched which Number
ng ule tender is
Sche based
dule

63
8.9.2 RATE OF EXCHANGE VARIATIONS

If the Contract price is subject to variations in RATE OF EXCHANGE, the tender SHALL complete
Section B below, failing which no claim for contract price adjustment on the basis of rate of
exchange variations will be granted. Only Contractors that are directly importing the goods may
claim rate of exchange variations. Contractors must take out Forward Cover on each purchase
order.

Process that will be followed:

On receipt of a purchase order, the contractor must arrange for a quotation for Forward Cover
from their banking institution.
This Forward Cover quotation must be submitted to the City within seven days from date of receipt
of the purchase order.
The Forward Cover quotation rate must be submitted on the very same day on receipt from the
Banking Institute to [email protected] by 11. 00 am. Only once it has been
approved by the Treasury Department, may the Contractor engage in a formalised contract with
their banking institution and submit the Forward Cover contract to the City. This must be done
within two days from the City’s approval.
On delivery of the product, the Contractor must submit the following documentation:
The Bill of Landing/Waybill/Customs Invoice (clearly indicating the items as identified on the
purchase order).

Calculations detailing the difference in the rate of exchange at the time of entry and the date of tendering
(Table B to be completed below). This must be submitted on a covering letter

Exchange Rate on which tender is based:________ 1 = SA Rand______________

Name of Bank: ____________________

Date of quoted rate of exchange: ________ ________

The end date applicable for variation will be the Bill of Landing/Waybill/Customs Invoice.

Tenderer to indicate which documentation (Bill of Landing/Waybill/Customs Invoice) will be


applicable: _________________________________

If any other documentation other that these are applicable, the tenderer must clearly indicate so
above.

64
Table B

Item Amount and Rate of Equivalent in Amount Total amount


No. denomination exchange as Rand of of South (equivalent in
of foreign at 14 days foreign African Rand of
currency prior to date currency Content columns 3+4)
required of tender content (Excl. VAT)
(columns 1&2) (4) (5)
(1) (2)
(3)
1

8.9.3 Consumer Price Index:

8.9.3.1 Price Adjustment Mechanism:


8.9.3.2 The Contract Price as per GCC shall remain Firm for the first 12 months (from date of
commencement of the contract) and no claims for contract price adjustment will be considered
for the first 12 months of the contract period subject to the provisions in the price schedule.
8.9.3.3 Subject to 8.9.3.2 above, Contract Price Adjustment will be applicable as from commencement
of the 13 month of the contract period. Tenderers shall be entitled to claim contract price
adjustment as follows:
90% of the tendered price will be subject to adjustment annually based on the average
Consumer Price Index (CPI) as follows:
From start of 13th month to the end of the 24th month: Subject to contract price adjustment in
accordance with the Consumer Price Index (P0141–Table B2 - CPI headline year-on-year
rates). Base month for the price adjustment shall be three (3) calendar months prior to the
date of commencement. The end month shall be three (3) calendar months prior to the 12th
month.
From start of 25th month to end of the contract: Subject to the contract price adjustment in
accordance with the Consumer Price Index (P0141–Table B2 - CPI headline year-on-year
rates). Base month for the price adjustment shall be three (3) calendar months prior to the 13th
month. The end month shall be three (3) calendar months prior to 24th month.
The average CPI calculated, the base month to the end month (both included) divided by the
number of months.
The claim will be based on the average between the “base month” and the “end month” e.g.:
7+6+9+6 = 28 (28/4) = 7 therefore the claim will be 7%.
10% of the rate will remain fixed.

65
Schedule 9: Certificate of Independent Tender Determination

I, the undersigned, in submitting this tender [DP5321/2019/20: PROVISION OF BACKUP MAINTENANCE SERVICES
ON AERATION BLOWER SYSTEMS AT VARIOUS CITY SITES] in response to the tender invitation made by THE CITY
OF CAPE TOWN, do hereby make the following statements, which I certify to be true and complete in every respect:

I certify, on behalf of :______________________________________________________ (Name of tenderer)


That:
1. I have read and I understand the contents of this Certificate;
2. I understand that this tender will be disqualified if this Certificate is found not to be true and complete in every
respect;
3. I am authorised by the tenderer to sign this Certificate, and to submit this tender, on behalf of the tenderer;
4. Each person whose signature appears on this tender has been authorised by the tenderer to determine the terms
of, and to sign, the tender on behalf of the tenderer;
5. For the purposes of this Certificate and this tender, I understand that the word ‘competitor’ shall include any
individual or organisation other than the tenderer, whether or not affiliated with the tenderer, who:
(a) has been requested to submit a tender in response to this tender invitation;
(b) could potentially submit a tender in response to this tender invitation, based on their qualifications, abilities
or experience; and
(c) provides the same goods and services as the tenderer and/or is in the same line of business as the tenderer.

6. The tenderer has arrived at this tender independently from and without consultation, communication, agreement
or arrangement with any competitor. However, communication between partners in a joint venture or consortium 1
will not be construed as collusive price quoting.

7. In particular, without limiting the generality of paragraphs 5 and 6 above, there has been no consultation,
communication, agreement or arrangement with any competitor regarding:
(a) prices;
(b) geographical area where product or service will be rendered (market allocation);
(c) methods, factors or formulas used to calculate prices;
(d) the intention or decision to submit or not to submit a tender;
(e) the submission of a tender which does not meet the specifications and conditions of the tender; or
(f) tendering with the intention not to win the contract.

8. In addition, there have been no consultations, communications, agreements or arrangements with any competitor
regarding the quality, quantity, specifications and conditions or delivery particulars of the products or services to
which this tender invitation relates.
9. The terms of this tender have not been and will not be disclosed by the tenderer, directly or indirectly, to any
competitor, prior to the date and time of the official tender opening or of the awarding of the contract.
10. I am aware that, in addition and without prejudice to any other remedy provided to combat any restrictive practices
related to tenders and contracts, tenders that are suspicious will be reported to the Competition Commission for
investigation and possible imposition of administrative penalties in terms of section 59 of the Competition Act, Act
89 of 1998, and/or may be reported to the National Prosecuting Authority (NPA) for criminal investigation, and/or
may be restricted from conducting business with the public sector for a period not exceeding 10 (ten) years in
terms of the Prevention and Combating of Corrupt Activities Act, Act 12 of 2004, or any other applicable legislation.

________________________________ _____________________________
Signature Date

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

(1 Consortium: Joint venture or Consortium means an association of persons for the purpose of
combining their expertise, property, capital, efforts, skill and knowledge in an activity for the execution
of a contract.)
66
Schedule 10: Local Content Declaration / Annexure C
Not Applicable

[Drafters Note: If Local Content is not required for this tender, then delete all text related to it on this schedule(s)and insert
“Not Used” under the page heading

DECLARATION CERTIFICATE FOR LOCAL PRODUCTION AND CONTENT FOR DESIGNATED SECTORS

Preamble

This declaration is based on and replaces Municipal Bid Document 6.2 (MBD 6.2).

The amendments made to the MBD 6.2 document have been necessary to clarify this standard document as it relates to
local production and content in the Electrical and Telecom Cable sector.

Before completing this declaration, bidders must study the General Conditions, Definitions, Directives applicable in respect
of Local Content as prescribed in the Preferential Procurement Regulations, 2017 and the South African Bureau of
Standards (SABS) approved technical specification number SATS 1286:2011 (Edition 1) and the Guidance on the
Calculation of Local Content together with the Local Content Declaration Templates [Annex C (Local Content Declaration:
Summary Schedule), D (Imported Content Declaration: Supporting Schedule to Annex C) and E (Local Content
Declaration: Supporting Schedule to Annex C)].

Documents listed herein are downloadable from the dti’s official website, http://www.thedti.gov.za.

This schedule must be completed by tenderers and returned with their tender at the closing date and time for this
tender.

1. General Conditions

1.1 Preferential Procurement Regulations, 2017 (Regulation 8) makes provision for the promotion of local
production and content.

1.2 Regulation 8(2) prescribes that in the case of designated sectors, organs of state must advertise such bids
with the specific bidding condition that only locally produced goods with a stipulated minimum threshold for
local production and content will be considered.

1.3 Where necessary, for tenders referred to in paragraph 1.2 above, a two stage bidding process may be
followed, where the first stage involves a minimum threshold for local production and content and the second
stage price and B-BBEE.

1.4 A person awarded a contract in relation to a designated sector, may not sub-contract in such a manner that
the local production and content of the overall value of the contract is reduced to below the stipulated
minimum threshold.

1.5 The local content (LC) expressed as a percentage of the bid price must be calculated in accordance with the
SABS approved technical specification number SATS 1286: 2011 as follows:

LC = [1- x / y] *100

Where

x is the imported content in Rand

y is the bid price in Rand excluding value added tax (VAT)

Prices referred to in the determination of x must be converted to Rand (ZAR) by using the exchange rate
published by Nedbank at close of business on the date of advertisement of the bid as required in paragraph
4.1 below.

The SABS approved technical specification number SATS 1286:2011 is accessible on


http://www.thedti.gov.za/industrial_development/ip.jsp at no cost.

1.6 A bid may be disqualified/declared non-responsive if this Declaration Certificate and Annex C (Local Content
Declaration: Summary Schedule) are not submitted as part of the bid documentation.

67
DECLARATION CERTIFICATE FOR LOCAL PRODUCTION AND CONTENT FOR DESIGNATED SECTORS (Cont’d)

2. The stipulated minimum threshold(s) for local production and content (refer to Annex A of SATS
1286:2011) for this bid is/are as follows:

Description of services, works or goods Stipulated minimum threshold

Steel Products and Component for Construction Sector 100%

3. Does any portion of the services, works or goods offered for Items as detailed in Annexure C have any imported
content?

(Tick applicable box)

YES NO

3.1 If yes, the rate(s) of exchange to be used in this bid to calculate the local content as prescribed in paragraph 1.5
of the above General Conditions must be the rate(s) published by Nedbank at close of business on the date of
advertisement of the bid.

Indicate the rate(s) of exchange against the appropriate currency in the table below (refer to Annex A of SATS 1286:2011):

Currency Rates of exchange

US Dollar

Pound Sterling

Euro

Yen

Other

NB: Tenderers must submit proof of the Nedbank rate(s) of exchange used.

4. Where, after the award of a bid, challenges are experienced in meeting the stipulated minimum threshold for local
content the dti must be informed accordingly in order for the dti to verify and in consultation with the CCT provide
directives in this regard.

68
DECLARATION CERTIFICATE FOR LOCAL PRODUCTION AND CONTENT FOR DESIGNATED SECTORS
(Cont’d)(AS PER ANNEX B OF SATS 1286:2011)

LOCAL CONTENT DECLARATION BY CHIEF FINANCIAL OFFICER OR OTHER LEGALLY RESPONSIBLE


PERSON NOMINATED IN WRITING BY THE CHIEF EXECUTIVE OR SENIOR MEMBER/PERSON WITH
MANAGEMENT RESPONSIBILITY (CLOSE CORPORATION, PARTNERSHIP OR INDIVIDUAL)

IN RESPECT OF BID NO. .................................................................................

ISSUED BY: (Procurement Authority / Name of Municipality / Municipal Entity):


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

NB

1 The obligation to complete, duly sign and submit this declaration cannot be transferred to an external
authorized representative, auditor or any other third party acting on behalf of the bidder.

2 Guidance on the Calculation of Local Content together with Local Content Declaration Templates (Annex
C, D and E) is accessible on http://www.thedti.gov.za/industrial development/ip.jsp. Bidders should first
complete Declaration D. After completing Declaration D, bidders should complete Declaration E and then
consolidate the information on Declaration C. Declaration C should be submitted with the bid
documentation at the closing date and time of the bid in order to substantiate the declaration made
in paragraph (c) below. Declarations D and E should be kept by the bidders for verification purposes for
a period of at least 5 years. The successful bidder is required to continuously update Declarations C, D
and E with the actual values for the duration of the contract.

I, the undersigned, …………………………….................................................. (full names),

do hereby declare, in my capacity as ……………………………………… ………..

of ...............................................................................................................(name of bidder entity), the following:

(a) The facts contained herein are within my own personal knowledge.

(b) I have satisfied myself that:

(i) the goods to be delivered in terms of the above-specified bid comply with the minimum local content
requirements as specified in the bid, and as measured in terms of SATS 1286:2011;

(c) The local content percentages (%) indicated below has been calculated using the formula given in clause 3
of SATS 1286:2011, the rates of exchange indicated in paragraph 4.1 above and the information contained
in Declaration D and E which has been consolidated in Declaration C;

Bid price, excluding VAT (y) R

Imported content (x), as calculated in terms of SATS 1286:2011 R

Stipulated minimum threshold for local content (paragraph 2 above)

Local content %, as calculated in terms of SATS 1286:2011

If the bid is for more than one product, the local content percentages for each product contained in
Declaration C shall be used instead of the table above. The local content percentages for each product has
been calculated using the formula given in clause 3 of SATS 1286:2011, the rates of exchange indicated in
paragraph 3.1 above and the information contained in Declaration D and E.

(d) I accept that the Procurement Authority / Municipality /Municipal Entity has the right to request that the local
content be verified in terms of the requirements of SATS 1286:2011.

(e) I understand that the awarding of the bid is dependent on the accuracy of the information furnished in this
application. I also understand that the submission of incorrect data, or data that are not verifiable as
described in SATS 1286:2011, may result in the Procurement Authority / Municipal / Municipal Entity
imposing any or all of the remedies as provided for in Regulation 14 of the Preferential Procurement
Regulations, 2017 promulgated under the Preferential Policy Framework Act (PPPFA), 2000 (Act No. 5 of
2000). SIGNATURE: DATE: ___________

WITNESS No. 1 DATE: ___________

WITNESS No. 2 DATE: ___________

69
SATS 1286.2011

Annex C

Local Content Declaration - Summary Schedule

(C1) Tender No.


Note: VAT to be excluded from all
Tender description: calculations
(C2)

(C3) Designated product(s)

(C4) Tender Authority:

(C5) Tenderer Entity name:

(C6) Tender Exchange Rate: Pula EU GBP

(C7) Specified local content % 100%

Calculation of local content Tender summary

Tender value Antici-


Tender Total
Exempted net of Local pated Total Total
Tender price per Imported Local exempted
List of items imported exempted content % Annual Tender Imported
item no's UoM value value imported
value imported (per item) Tender value content
(excl VAT) content
content Qty (m)

(C8) (C9) (C10) (C11) (C12) (C13) (C14) (C15) (C16) (C17) (C18) (C19)

Pinion End cover gasket

Howden Part No:


32
HDC08/02/1032

Howden Part No:


33
HDC08/02/1101

Lock Washer

Howden Part No:


39
HDC08/04/7005
TENDER NO:
Calculation of local content Tender summary

Tender value Antici-


Tender Total
Exempted net of Local pated Total Total
Tender price per Imported Local exempted
List of items imported exempted content % Annual Tender Imported
item no's UoM value value imported
value imported (per item) Tender value content
(excl VAT) content
content Qty (m)

(C8) (C9) (C10) (C11) (C12) (C13) (C14) (C15) (C16) (C17) (C18) (C19)

Howden Part No:


40
HDC08/04/7006

Circlip Reference 0520

Howden Part No:


124
HDC08/17/7023

Howden Part No:


125
HDC08/17/7067

Coupling Hub U2-285 388

Howden Part No:


126
HDC08/17/7046

Coupling Sleeve US-292 983

Howden Part No:


127
HDC08/17/7048

High Tensile Steel bolts

M10 x 60 Long Socket Cap


129
Screw

M8 x 40 Long Socket Cap


130
Screw

M6 x 15 Long Socket Cap


131
Screw

132 M4 x 8 Long Grub Screw

M12 x 55 Long Socket Cap


139
Screw

71
TENDER NO:
Calculation of local content Tender summary

Tender value Antici-


Tender Total
Exempted net of Local pated Total Total
Tender price per Imported Local exempted
List of items imported exempted content % Annual Tender Imported
item no's UoM value value imported
value imported (per item) Tender value content
(excl VAT) content
content Qty (m)

(C8) (C9) (C10) (C11) (C12) (C13) (C14) (C15) (C16) (C17) (C18) (C19)

M10 x 45 Long Socket Cap


140
Screw

M8 x 25 Long Socket Cap


141
Screw

Coupling Hub (Gear End)

Howden Part No:


135
HDC08/17/7063

Coupling Hub (Pump End)

Howden Part No:


136
HDC08/17/7069

Coupling Sleeve

Howden Part No:


137
HDC08/17/7065

HPI Port Adaptor 1 1/4"


BSP(P)

Howden Part No:


142
HDC08/17/7077

HPI Port Adaptor 1 1/2"


BSP(P)

Howden Part No:


143
HDC08/17/7033

Relief Valve

Howden Part No:


161
CEN15289/04/1-3

72
TENDER NO:
Calculation of local content Tender summary

Tender value Antici-


Tender Total
Exempted net of Local pated Total Total
Tender price per Imported Local exempted
List of items imported exempted content % Annual Tender Imported
item no's UoM value value imported
value imported (per item) Tender value content
(excl VAT) content
content Qty (m)

(C8) (C9) (C10) (C11) (C12) (C13) (C14) (C15) (C16) (C17) (C18) (C19)

Howden Part No:


162
CEN15289/05/1-3

Howden Part No:


163
CEN15289/03/1-2

Howden Part No:


164
CEN15289/02/1-3

Howden Part No:


165
CEN15289/01/1-4

(C20) Total tender value R

Signature of tenderer from Annex B (C21) Total Exempt imported content R

(C22) Total tender value net of exempt


R
imported content

(C23) Total Imported content R

(C24) Total local content R

(C25) Average local content % of


Date:
tender

73
Customs Customs
VALUE OF IMPORTED RESOURCES TO BE ADJUSTED Surcharge Duty* Total in Rand
of
Price Schedule Item No. Description of Resources Value in Foreign Rate of Value in Rand % Rand % Rand (C) + (D) + (E)
Currency Exchange (A) x (B) included in
as at BASE Price Schedule
DATE

(F)
(A) (B) (C) (D) (E)

* State Customs Duty Tariff Reference for each item

Note:
Note that any Resources not inserted in this Returnable Schedule
shall be deemed to be manufactured / supplied in South Africa for the purposes of Contract Price Adjustment.
The BASE DATE referred to in column (B) will be7 calendar days before tender closing.
Schedule 11: Price Basis for Imported Resources

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


Schedule 12: Schedule of Pre-Qualification Criteria Sub-Contractors
Not Applicable

75
Schedule 13: List of other documents attached by tenderer

The tenderer has attached to this schedule, the following additional documentation:

Date of Document Title of Document or Description


(refer to clauses / schedules of this tender document where applicable)
1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

Attach additional pages if more space is required.

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

76
Schedule 14: Record of Addenda to Tender Documents

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

77
Schedule 15: Information to be provided with the tender
The following information shall be provided with the Tender:

a. Key Personnel

b. Tendering Entity Track Record.

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

78
Schedule 15A: Key Personnel

The tenderer is referred to the Specification and Item 2.2.1.1.5: Key Personnel in the Conditions of Tender and
shall insert in the spaces provided below (if space is not sufficient this page may be copied):

a) The tenderer must have the following key personnel in its permanent employment at the close of tender.
Alternatively, a signed undertaking from a specialist sub-contractor or consultant having the required
personnel, stating that they will undertake the necessary work on behalf of the tenderer, will be acceptable.
Such undertaking must be attached to this schedule

b) the Curriculum Vitae of each individual must be attached to this schedule; and

c) a statement for each of the individuals identified, which indicates any fields of specialization and any
recent experience that is relevant to this tender (which may or may not form part of the individual’s
curriculum vitae). Tenderers should indicate to which part of this tender, the field of specialization is
relevant to.

d) Different individuals to be identified for each of the key personnel listed. If, however, a tenderer wishes to
propose the same person for more than one of the positions listed, such person must pass the requirements
for each criteria and the tender submission must clearly indicate such compliance.

Electrical Artisan
Name Qualifications Experience No of years -
specified experience

Mechanical Artisan
Name Qualifications Experience No of years –
specified experience

79
Instrumentation Artisan, Technician or higher
Name Qualifications Experience No of years –
specified experience

PLC / SCADA Software Programmer


Name Qualifications Experience No of years –
specified experience

High Speed Centrifugal Blower Specialist


Name Qualifications Experience No of years –
specified experience

80
Positive Displacement Blower Specialist
Name Qualifications Experience No of years –
specified experience

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

81
Schedule 15B: Tendering Entity Track Record
The tenderer is referred to the Specification and Item 2.2.1.1.6: Tendering Entity Track Record in the Conditions
of Tender and shall insert in the spaces provided below (if space is not sufficient this page may be copied):

The tenderer is referred to the appropriate clause(s) of the Conditions of Tender and shall provide details on the
schedule below to prove compliance with the relevant tender requirements.

Where the entity tendering is a joint venture, the track record of each party to the joint venture must be
submitted as part of this schedule (additional pages may be added if necessary).

Tenderers must have a proven track record of at least 5(five) projects in high speed centrifugal / positive
displacement blower maintenance contracts. Maintenance in this tender shall mean proactive and reactive
maintenance work. Proactive maintenance will include maintenance strategies such as time based maintenance,
condition based maintenance as well as predictive maintenance, while reactive maintenance will include
breakdown maintenance as well as emergency maintenance.

Centrifugal and Positive Displacement blower maintenance contracts


CLIENT’S DETAILS
TYPE OF RELEVANT WORK (Location where work was performed, DATE OF VALUE OF
PREVIOUSLY PERFORMED company name, contact name & CONTRACT CONTRACT
phone number)

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

82
Schedule 16: Local Workshop Checklist
NOTE: This is not an eligibility criterion; it is a contract condition.

The successful tenderer(s) must ensure Returnable Schedule 16: Local Workshop Checklist, must be submitted
within a month of contract commencement. A City of Cape Town Engineer will engage the tenderer(s) and a
workshop inspection will be arranged with the tenderer within one month on contract commencement.

The CCT Engineer is required to inspect, complete and certify the workshop in order to ensure it meets the CCT
Water and Sanitation department’s minimum requirements for a maintenance workshop suitable for industrial type
repairs, and this term tender’s requirement.

The CCT is assuming that the tenderer meets the requirements of a standard maintenance workshop, with the
requirements below being additional to the standard facility. This is to ensure that the majority of the work will be
done in – house.

Workshop name: _____________________________________________________

Workshop location: ____________________________________________________

CHECKS Yes No
The workshop is compliant to the 5S principles

Demarcated areas are clearly visible.

The workshop has a minimum working height of 3m available.


The workshop has suitable lifting equipment (forklift/overhead gantry or mobile A frame),
with a minimum lifting capacity of 5t.
The workshop is suitably equipped in terms of a lathe machine
The workshop is suitably equipped in terms of a milling machine.
The workshop is suitably equipped in terms of surface grinder
The workshop has suitable handheld / machine operated measuring equipment.
The workshop has a testing facility that meets ISO standards or similar, with a functioning
quality assurance procedure

COMMENTS

Date

Project Name

CCT Rep – Name & Signature

83
SIGNED ON BEHALF OF TENDERER: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

84
TENDER DOCUMENT
GOODS AND SERVICES
SUPPLY CHAIN MANAGEMENT
SCM - 542 Approved by Branch Manager: 03/04/2020 Version: 8 Page 85 of 66

TENDER NO: 261S/2020/21

PROVISION OF BACKUP MAINTENANCE SERVICES ON AERATION BLOWER SYSTEMS AT


VARIOUS CITY SITES

CONTRACT PERIOD: FROM DATE OF COMMENCEMENT UP TO 30 JUNE 2023

VOLUME 3: DRAFT CONTRACT

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

TRADING AS (if different from above)

NATURE OF TENDER OFFER (please indicate below)


Main Offer (see clause 2.2.11.1)

Alternative Offer (see clause 2.2.11.1)

85
VOLUME 3: DRAFT CONTRACT
(7) SPECIAL CONDITIONS OF CONTRACT

The following Special Conditions of Contract, referring to the National Treasury – Conditions of Contract (revised
July 2010), are applicable to this Contract:

1. Definitions

Delete Clause 1.15 and substitute with the following

1.15 The word ‘Goods’ is to be replaced everywhere it occurs in the GCC with the phrase ‘Goods and / or
Services’ which means all of the equipment, machinery, materials, services, products, consumables, etc.
that the supplier is required to deliver to the purchaser under the contract. This definition shall also be
applicable, as the context requires, anywhere where the words “supplies” and “services” occurs in the
GCC.

Delete Clause 1.19 and substitute with the following

1.19 The word ‘Order’ is to be replaced everywhere it occurs in the GCC with the words ‘Purchase Order’ which
means the official purchase order authorised and released on the purchaser’s SAP System

Delete Clause 1.21 and substitute with the following:

1.21 ‘Purchaser’ means the City of Cape Town. The address of the Purchaser is 12 Hertzog Boulevard,
Cape Town, 8001.

Add the following after Clause 1.25:

1.26 ‘Supplier’ means any provider of goods and / or services with whom the contract is concluded

1.27 "Intellectual Property" means any and all intellectual property rights of any nature anywhere in the world
whether registered, registerable or otherwise, including patents, trademarks, registered designs and
domain names, applications for any of the foregoing, trade or business names, copyright and rights in the
nature of copyright, design rights, rights in databases, know-how, trade secrets and any other intellectual
property rights which subsist in computer software, computer programs, websites, documents,
information, techniques, business methods, drawings, logos, instruction manuals, lists and procedures
and particulars of customers, marketing methods and procedures and advertising literature, including the
"look and feel" of any websites

3. General Obligations

Delete Clause 3.2 in its entirety and replace with the following clauses.

3.2 The parties will be liable to each other arising out of or in connection with any breach of the obligations
detailed or implied in this contract, subject to clause 28.

3.3 All parties in a joint venture or consortium shall be jointly and severally liable to the purchaser in terms of
this contract and shall carry individually the minimum levels of insurance stated in the contract, if any.

3.4 The parties shall comply with all laws, regulations and bylaws of local or other authorities having
jurisdiction regarding the delivery of the goods and give all notices and pay all charges required by such
authorities.

3.4.1 The parties agree that this contract shall also be subject to the CCT’s Supply Chain Management Policy
(‘SCM Policy’) that was applicable on the date the bid was advertised, save that if the Employer adopts
a new SCM Policy which contemplates that any clause therein would apply to the contract
emanating from this tender, such clause shall also be applicable to that contract. Please refer to
this document contained on the CCT’s website.

86
3.4.2 Abuse of the supply chain management system is not permitted and may result in cancellation of the
contract, restriction of the supplier, and/or the exercise by the City of any other remedies available to it as
described in the SCM Policy.

3.5 The supplier shall:

3.5.1 Arrange for the documents listed below to be provided to the Purchaser prior to the issuing of the order:

a) Proof of Insurance (Refer to Clause 11) or Insurance Broker’s Warrantee


b) Letter of good standing from the Compensation Commissioner, or a licensed compensation
insurer (Refer to Clause 11)
c) Initial delivery programme
d) Other requirements as detailed in the tender documents

3.5.2 Only when notified of the acceptance of the bid by the issuing of the order, the supplier shall commence
with and carry out the delivery of the goods in accordance with the contract, to the satisfaction, of the
purchaser

3.5.3 Provide all of the necessary materials, labour, plant and equipment required for the delivery of the goods
including any temporary services that may be required

3.5.4 Insure his workmen and employees against death or injury arising out of the delivery of the goods

3.5.5 Be continuously represented during the delivery of the goods by a competent representative duly
authorised to execute instructions;

3.5.6 In the event of a loss resulting in a claim against the insurance policies stated in clause 11, pay the first
amount (excess) as required by the insurance policy

3.5.7 Comply with all written instructions from the purchaser subject to clause 18

3.5.8 Complete and deliver the goods within the period stated in clause 10, or any extensions thereof in terms
of clause 21

3.5.9 Make good at his own expense all incomplete and defective goods during the warranty period

3.5.10 Pay to the purchaser any penalty for delay as due on demand by the purchaser. The supplier hereby
consents to such amounts being deducted from any payment to the supplier.

3.5.11 Comply with the provisions of the OHAS Act & all relevant regulations.

3.5.12 Comply with all laws relating to wages and conditions generally governing the employment of labour in
the Cape Town area and any applicable Bargaining Council agreements.

3.5.13 Deliver the goods in accordance with the contract and with all reasonable care, diligence and skill in
accordance with generally accepted professional techniques and standards.

3.6 The purchaser shall:

3.6.1 Issue orders for the goods required under this Contract. No liability for payment will ensue for any work
done if an official purchase order has not been issued to the supplier.

3.6.2 Make payment to the supplier for the goods as set out herein.

3.6.3 Take possession of the goods upon delivery by the supplier.

3.6.4 Regularly inspect the goods to establish that it is being delivered in compliance with the contract.

3.6.5 Give any instructions and/or explanations and/or variations to the supplier including any relevant advice
to assist the supplier to understand the contract documents.

3.6.6 Grant or refuse any extension of time requested by the supplier to the period stated in clause 10.

87
3.6.7 Inspect the goods to determine if, in the opinion of the purchaser, it has been delivered in compliance with
the contract, alternatively in such a state that it can be properly used for the purpose for which it was
intended.

3.6.8 Brief the supplier and issue all documents, information, etc. in accordance with the contract.

5. Use of contract documents and information; inspection, copyright, confidentiality, etc.

Add the following after clause 5.4:

5.5 Copyright of all documents prepared by the supplier in accordance with the relevant provisions of the
copyright Act (Act 98 of 1978) relating to contract shall be vested in the purchaser. Where copyright is
vested in the supplier, the purchaser shall be entitled to use the documents or copy them only for the
purposes for which they are intended in regard to the contract and need not obtain the supplier’s
permission to copy for such use. Where copyright is vested in the purchaser, the supplier shall not be
liable in any way for the use of any of the information other than as originally intended for the contract and
the purchaser hereby indemnifies the supplier against any claim which may be made against him by any
party arising from the use of such documentation for other purposes.

The ownership of data and factual information collected by the supplier and paid for by the purchaser
shall, after payment, vest with the purchaser

5.6 Publicity and publication


The supplier shall not release public or media statements or publish material related to the services or
contract within two (2) years of completion of the services without the written approval of the purchaser,
which approval shall not be unreasonably withheld.

5.7 Confidentiality
Both parties shall keep all information obtained by them in the context of the contract confidential and
shall not divulge it without the written approval of the other party.

5.8 Intellectual Property

5.8.1 The supplier acknowledges that it shall not acquire any right, title or interest in or to the Intellectual
Property of the Employer.

5.8.2 The supplier hereby assigns to the Employer, all Intellectual Property created, developed or otherwise
brought into existence by it for the purposes of the contract, unless the Parties expressly agree otherwise
in writing.

5.8.3 The supplier shall, and warrants that it shall:

5.8.3.1 not be entitled to use the Employer’s Intellectual Property for any purpose other than as contemplated in
this contract;

5.8.3.2 not modify, add to, change or alter the Employer’s Intellectual Property, or any information or data related
thereto, nor may the supplier produce any product as a result of, including and/or arising from any such
information, data and Intellectual Property, and in the event that it does produce any such product, the
product shall be, and be deemed in law to be, owned by the Employer;

5.8.3.3 not apply for or obtain registration of any domain name, trademark or design which is similar to any
Intellectual Property of the Employer;

5.8.3.4 comply with all reasonable directions or instructions given to it by the Employer in relation to the form and
manner of use of the Employer Intellectual Property, including without limitation, any brand guidelines
which the Employer may provide to the supplier from time to time;

5.8.3.5 procure that its employees, directors, members and contractors comply strictly with the provisions of
clauses 5.8.3.1 to 5.8.3.3 above;

unless the Employer expressly agrees thereto in writing after obtaining due internal authority.

5.8.4 The supplier represents and warrants to the Employer that, in providing goods, services or both, as the

88
case may be, for the duration of the contract, it will not infringe or make unauthorised use of the Intellectual
Property rights of any third party and hereby indemnifies the Employer from any claims, liability, loss,
damages, costs, and expenses arising from the infringement or unauthorised use by the supplier of any
third party’s Intellectual Property rights.

5.8.5 In the event that the contract is cancelled, terminated, ended or is declared void, any and all of the
Employer’s Intellectual Property, and any and all information and data related thereto, shall be
immediately handed over to the Employer by the supplier and no copies thereof shall be retained by the
supplier unless the Employer expressly and in writing, after obtaining due internal authority, agrees
otherwise.

7. Performance Security

Delete clause 7.1 and replace with the following:

7.1 Within 14 (fourteen) days of receipt of the notification of contract award, the successful bidder shall furnish
to the purchaser the performance security of the amount specified herein.

The Guarantee Sum shall be equal to R300 000.

Delete clause 7.3 and replace with the following:

7.3 The performance security shall be furnished strictly in accordance with the terms and conditions set out in
Form of Guarantee / Performance Security and can only be issued by any one of the Financial Institutions
listed in Annexure A (attached to this form).

Delete clause 7.4 and replace with the following:

7.4 The performance security will be discharged by the purchaser and returned to the supplier strictly in
accordance with the terms and conditions set out in the Form of Guarantee / Performance Security

8. Inspections, tests and analyses

Delete Clause 8.2 and substitute with the following:

8.2 If it is a bid condition that supplies to be produced or services to be rendered should at any stage during
production or execution or on completion be subject to inspection, the premises of the bidder or contractor
shall be open, at all reasonable hours, for inspection by a representative of the purchaser or an organisation
acting on behalf of the purchaser.

10. Delivery and documents

Delete clauses 10.1 and 10.2 and replace with the following:

10.1 Delivery of the goods shall be made by the supplier in accordance with the terms specified in the contract.
The time for delivery of the goods shall be the date as stated on the order. Orders for the supply and delivery
of goods may be raised up until the expiry of a framework agreement bid, provided that the goods can be
delivered within 30 days of expiry of the framework contract. All orders, other than for the supply and
delivery of goods, must be completed prior to the expiry of the contract period.

10.2 The purchaser shall determine, in its sole discretion, whether the goods have been delivered in compliance
with the contract, alternatively in such a state that it can be properly used for the purpose for which it was
intended. When the purchaser determines that the goods have been satisfactorily delivered, the purchaser
must issue an appropriate certification, or written approval, to that effect. Invoicing may only occur, and
must be dated, on or after the date of acceptance of the goods.

11. Insurance

Add the following after clause 11.1:

11.2 Without limiting the obligations of the supplier in terms of this contract, the supplier shall effect and maintain
the following additional insurances:

89
a) Public liability insurances, in the name of the supplier, covering the supplier and the purchaser
against liability for the death of or injury to any person, or loss of or damage to any property, arising
out of or in the course of this Contract, in an amount not less than R20 million for any single claim;

b) Motor Vehicle Liability Insurance, in respect of all vehicles owned and / or leased by the supplier,
comprising (as a minimum) “Balance of Third Party” Risks including Passenger Liability Indemnity;

c) Registration / insurance in terms of the Compensation for Occupational Injuries and Disease Act,
Act 130 of 1993. This can either take the form of a certified copy of a valid Letter of Good Standing
issued by the Compensation Commissioner, or proof of insurance with a licenced compensation
insurer, from either the bidder’s broker or the insurance company itself (see Proof of Insurance /
Insurance Broker’s Warranty section in document for a pro forma version).

d) Professional indemnity insurance providing cover in an amount of not less than R5 million in
respect of each and every claim during the contract period.

In the event of under insurance or the insurer’s repudiation of any claim for whatever reason, the CCT will
retain its right of recourse against the supplier.

11.3 The supplier shall be obliged to furnish the CCT with proof of such insurance as the CCT may require from
time to time for the duration of this Contract. Evidence that the insurances have been effected in terms of
this clause, shall be either in the form of an insurance broker’s warranty worded precisely as per the pro
forma version contained in the Proof of Insurance / Insurance Broker’s Warranty section of the
document or copies of the insurance policies.

15. Warranty

Add to Clause 15.2:

15.2 This warranty for this contract shall remain valid for twelve(12) months after the goods have been
delivered, while workmanship shall carry a six (6) month warranty..

16. Payment

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

16.1 A monthly payment cycle will be the norm. All invoices which are dated on or before the 20th of a particular
month will typically be paid between the 23rd and 26th of the following month. The supplier may submit a
fully motivated application regarding more frequent payment to the Employer’s Director: Expenditure for
consideration. Requests for more frequent payments will be considered at the sole discretion of the
Employer and is not a right in terms of this contract.

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

16.2 The supplier shall furnish the purchaser’s Accounts Payable Department with an original tax invoice, clearly
showing the amount due in respect of each and every claim for payment.

Add the following after clause 16.4

16.5 Notwithstanding any amount stated on the order, the supplier shall only be entitled to payment for goods
actually delivered in terms of the Project Specification and Drawings, or any variations in accordance with
clause 18. Any contingency sum included shall be for the sole use, and at the discretion, of the purchaser.

The CCT is not liable for payment of any invoice that pre-dates the date of delivery of the goods.

16.6 The purchaser will only make advanced payments to the supplier in strict compliance with the terms and
details as contained on Proforma Advanced Payment Guarantee and only once the authenticity of such
guarantee has been verified by the City’s Treasury Department.

90
17. Prices

Add the following after clause 17.1

17.2 If as a result of an award of a contract beyond the original tender validity period, the contract execution will
be completed beyond a period of twelve (12) months from the expiry of the original tender validity period,
then the contract may be subject to contract price adjustment for that period beyond such twelve (12)
months. An appropriate contract price adjustment formula will be determined by the Director: Supply Chain
Management if such was not included in the bid documents.

17.3 If as a result of any extension of time granted the contract execution will be completed beyond a period of
twelve (12) months from the expiry of the original tender validity period, then contract price adjustment may
apply to that period beyond such twelve (12) months. An appropriate contract price adjustment formula will
be determined by the Director: Supply Chain Management if such was not included in the bid documents.

17.4 The prices for the goods delivered and services performed shall be subject to contract price adjustment and
the following conditions will be applicable:

a) Supplier / Manufacturer Price List Variations


b) Rate of Exchange (for tenderers directly importing)
d) CPI

17.5 If price adjustment for variations in the cost of plant and materials imported from outside of South Africa is
provided for in the contract, such adjustment shall be based on the information contained on the schedule
titled “Price Basis for Imported Resources” and as below. For the purposes of this clause the Rand value
of imported Plant and Materials inserted on the schedule titled “Price Basis for Imported Resources”
(column (F)) shall be the value in foreign currency (column (A)) converted to South African Rand (column
(C)) by using the closing spot selling rate quoted by CCT’s main banker, NEDBANK, on the Base Date
(seven calendar days before tender closing date) rounded to the second decimal place (column(B)), to which
shall be added any Customs Surcharge and Customs Duty applicable at that date (columns (D) and (E)).

17.5.1 Adjustment for variations in rates of exchange:

(a) The value in foreign currency inserted in column (A) shall be subject to clause (h) below when
recalculating the Rand value.

(b) The rate of exchange inserted in column (B) shall be the closing spot selling rate quoted by Council’s
main banker, NEDBANK, on the Base Date, rounded to the second decimal place, subject to sub-paragraph
(c) below.

(c) If the rate of exchange inserted by the Tenderer differs from the NEDBANK rate referred to above, then
the NEDBANK rate shall apply and the Rand value in columns (C) and (F) shall be recalculated accordingly,
without altering the price in the Price Schedule for the relevant items.

(d) If a tender from a supplier or sub-contractor provides for variations in rates of exchange, the Supplier may
only claim for variations in rates of exchange if he binds the supplier or sub-contractor to the same provision
to take out forward cover as described in sub-paragraph (e) below.

(e) The Supplier (or sub-contractor) shall within five working days from the date of placing a firm order on an
overseas supplier, cover or recover forward by way of a contract with a bank which is an authorised foreign
exchange dealer, the foreign exchange component of the cost of any imported Plant and Materials inserted
by the Tenderer on the scheduled titled “Price Basis for Imported Resources”.

(f) When the Supplier (or sub-contractor) so obtains forward cover, the Supplier shall immediately notify the
CCT of the rate obtained and furnish the CCT with a copy of the foreign exchange contract note.

(g) Based on the evidence provided in sub-paragraph (f) above, the value in Rand inserted in column (C) of
on the schedule titled “Price Basis for Imported Resources “shall be recalculated using the forward cover
rate obtained, and any increase or decrease in the Rand value defined in this clause shall be adjusted
accordingly, subject to sub-paragraph (h) below.

(h) The adjustments shall be calculated upon the value in foreign currency in the Supplier’s (or sub-
contractor’s) forward cover contract, provided that, should this value exceed the value in foreign currency

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inserted in column (A) of on the schedule titled “Price Basis for Imported Resources”, then the value in
column (A) shall be used.

17.53.2 Adjustment for variations in customs surcharge and customs duty

(a) Any increase or decrease in the Rand value between the amounts of Customs Surcharge and Customs
Duty inserted in on the schedule titled “Price Basis for Imported Resources” and those amounts actually
paid to the Customs and Excise Authorities, which are due to changes in the percentage rates applicable or
to the foreign exchange rate used by the authorities, shall be adjusted accordingly.

(b) The Tenderer shall state the Customs Duty Tariff Reference applicable to each item and the Supplier
shall advise the CCT’s Agent of any changes which occur.

17.5.3 Adjustment for variation in labour and material Costs

If the prices for imported Plant and Materials are not fixed, the Supplier shall in his Tender specify the formula
for calculating Contract Price Adjustments normally used in the country of manufacture and the indices and
relative proportions of labour and material on which his Tender prices are based. Evidence of the indices
applicable shall be provided with each claim. The indices applicable 42 days before contractual dispatch
date from the factory will be used for the purposes of Contract Price Adjustment.

Failure to specify a formula in the Tender shall mean that the prices are fixed or shall be deemed to be fixed.

18. Contract Amendments

Delete the heading of clause 18 and replace with the following:

18. Contract Amendments and Variations

Add the following to clause 18.1:

Variations means changes to the goods, extension of the duration or expansion of the value of the
contract that the purchaser issues to the supplier as instructions in writing, subject to prior approval by
the purchaser’s delegated authority. Should the supplier deliver any goods not described in a written
instruction from the purchaser, such work will not become due and payable until amended order has been
issued by the purchaser.

20. Subcontracts

Add the following after clause 20.1:

20.2 The supplier shall be liable for the acts, defaults and negligence of any subcontractor, his agents or
employees as fully as if the were the acts, defaults or negligence of the supplier.

20.3 Any appointment of a subcontractor shall not amount to a contract between the CCT and the
subcontractor, or a responsibility or liability on the part of the CCT to the subcontractor and shall not relive
the supplier from any liability or obligation under the contract.

21. Delays in the supplier’s performance

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

21.2 If at any time during the performance of the contract the supplier or its sub-contractors should encounter
conditions beyond their reasonable control which impede the timely delivery of the goods, the supplier shall
notify the purchaser in writing, within 7 Days of first having become aware of these conditions, of the facts
of the delay, its cause(s) and its probable duration. As soon as practicable after receipt of the supplier’s
notice, the purchaser shall evaluate the situation, and may at his discretion extend the time for delivery.

Where additional time is granted, the purchaser shall also determine whether or not the supplier is entitled
to payment for additional costs in respect thereof. The principle to be applied in this regard is that where
the purchaser or any of its agents are responsible for the delay, reasonable costs shall be paid. In respect

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of delays that were beyond the reasonable control of both the supplier and the purchaser, additional time
only (no costs) will be granted.

The purchaser shall notify the supplier in writing of his decision(s) in the above regard.

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

22. Penalties

Delete clause 22.1 and replace with the following:

22.1 Subject to GCC Clause 25, if the supplier fails to deliver any or all of the goods within the period(s) specified
in the contract, the purchaser shall, without prejudice to its other remedies under the contract, deduct from
the contract price, as a penalty, a sum as stated herein for each day of the delay until actual delivery or
performance.

The penalty for this contract shall be two percent (2%) of the works package value per day.

22.2 The purchaser shall, without prejudice to its other remedies under the contract, deduct from the contract
price, financial penalties as contained on the Preference Schedule relaying to breaches of the conditions
upon which preference points were awarded.

23. Termination for default

Delete the heading of clause 23 and replace with the following:

23. Termination

Add the following to the end of clause 23.1:

if the supplier fails to remedy the breach in terms of such notice

Add the following after clause 23.7:

23.8 In addition to the grounds for termination due to default by the supplier, the contract may also be
terminated:

23.8.1 Upon the death of the supplier who was a Sole Proprietor, or a sole member of a Close Corporation, in
which case the contract will terminate forthwith.

23.8.2 The parties by mutual agreement terminate the contract.

23.8.3 If an Order has been issued incorrectly, or to the incorrect recipient, the resulting contract may be
terminated by the purchaser by written notice

23.8.4 If a material irregularity vitiates the procurement process leading to the conclusion of the contract,
rendering the procurement process and the conclusion of the resulting contract unfair, inequitable, non-
transparent, uncompetitive or not cost-effective, provided the City Manager follows the processes as
described in the purchasers SCM Policy.

23.8.5 After providing notice to the supplier, if the implementation of the contract may result in reputational risk
or harm to the City as a result of (inter alia):

23.8.5.1 reports of poor governance and/or unethical behaviour;


23.8.5.2 association with known family of notorious individuals;
23.8.5.3 poor performance issues, known to the Employer;
23.8.5.4 negative social media reports; or
23.8.5.5 adverse assurance (e.g. due diligence) report outcomes..

23.9 If the contract is terminated in terms of clause 23.8, all obligations that were due and enforceable prior to
the date of the termination must be performed by the relevant party.

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26. Termination for insolvency

Delete clause 26.1 and replace with the following:

26.1 The purchaser may make either of the following elections to ensure its rights are protected and any
negative impact on service delivery is mitigated:

26.1.1 accept a supplier proposal (via the liquidator) to render delivery utilising the appropriate contractual
mechanisms; or

26.1.2 terminate the contract, as the liquidator proposed supplier is deemed unacceptable to the purchaser, at
any time by giving written notice to the supplier (via the liquidator).

26.2 Termination will be without compensation to the supplier, provided that such termination will not prejudice
or affect any right of action or remedy which has accrued or will accrue thereafter to the purchaser.

27. Settlement of Disputes

Amend clause 27.1 as follows:

27.1 If any dispute or difference of any kind whatsoever, with the exception of termination in terms of clause
23.1(c), arises between the purchaser and the supplier in connection with or arising out of the contract,
the parties shall make every effort to resolve such dispute or difference amicably, by mutual consultation.

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

27.2 Should the parties fail to resolve any dispute by way of mutual consultation, either party shall be entitled
to refer the matter for mediation before an independent and impartial person appointed by the City
Manager in accordance with Regulation 50(1) of the Local Government: Municipal Finance Management
Act, 56 of 2003 – Municipal Supply Chain Management Regulations (Notice 868 of 2005). Such referral
shall be done by either party giving written notice to the other of its intention to commence with mediation.
No mediation may be commenced unless such notice is given to the other party.

Irrespective whether the mediation resolves the dispute, the parties shall bear their own costs concerning
the mediation and share the costs of the mediator and related costs equally.

The mediator shall agree the procedures, representation and dates for the mediation process with the
parties. The mediator may meet the parties together or individually to enable a settlement.

Where the parties reach settlement of the dispute or any part thereof, the mediator shall record such
agreement and on signing thereof by the parties the agreement shall be final and binding.

Save for reference to any portion of any settlement or decision which has been agreed to be final and
binding on the parties, no reference shall be made by or on behalf of either party in any subsequent court
proceedings, to any outcome of an amicable settlement by mutual consultation, or the fact that any
particular evidence was given, or to any submission, statement or admission made in the course of
amicable settlement by mutual consultation or mediation.

28. Limitation of Liability

Delete clause 28.1 (b) and replace with the following:

(b) the aggregate liability of the supplier to the purchaser, whether under the contract, in tort or
otherwise, shall not exceed the sums insured in terms of clause 11 in respect of insurable events,
or where no such amounts are stated, to an amount equal to twice the contract price, provided
that this limitation shall not apply to the cost of repairing or replacing defective equipment.

Add the following after clause 28.1:

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

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

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

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

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

28.5 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 amounts payable.

31. Notices

Delete clauses 31.1 and 31.2 and replace with the following:

31.1 Any notice, request, consent, approvals or other communications made between the Parties pursuant to
the Contract shall be in writing and forwarded to the addresses specified in the contract and may be given
as set out hereunder and shall be deemed to have been received when:
a) hand delivered – on the working day of delivery
b) sent by registered mail – five (5) working days after mailing
c) sent by email or telefax – one (1) working day after transmission

32. Taxes and Duties

Delete the final sentence of 32.3 and replace with the following:

In this regard, it is the responsibility of the supplier to submit documentary evidence in the form of a valid
Tax Clearance Certificate issued by SARS to the CCT at the Supplier Management Unit located within
the Supplier Management / Registration Office, 2nd Floor (Concourse Level), Civic Centre, 12 Hertzog
Boulevard, Cape Town (Tel 021 400 9242/3/4/5).

Add the following after clause 32.3:

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

ADDITIONAL CONDITIONS OF CONTRACT

Add the following Clause after Clause 34:

35. Reporting Obligations.

35.1 The supplier shall complete, sign and submit with each delivery note, all the documents as required in the
Specifications. Any failure in this regard may result in a delay in the processing of any payments.

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(8) GENERAL CONDITIONS OF CONTRACT
(National Treasury - General Conditions of Contract (revised July 2010))

TABLE OF CLAUSES

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

1. Definitions

1. The following terms shall be interpreted as indicated:

1.1 ‘Closing time’ means the date and hour specified in the bidding documents for the receipt of bids.

1.2 ‘Contract’ means the written agreement entered into between the purchaser and the supplier, as recorded
in the contract form signed by the parties, including all attachments and appendices thereto and all
documents incorporated by reference therein.

1.3 ‘Contract price’ means the price payable to the supplier under the contract for the full and proper
performance of his or her contractual obligations.

1.4 ‘Corrupt practice’ means the offering, giving, receiving, or soliciting of anything of value to influence the
action of a public official in the procurement process or in contract execution.

1.5 ‘Countervailing duties’ are imposed in cases in which an enterprise abroad is subsidised by its government
and encouraged to market its products internationally.

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

1.7 ‘Day’ means calendar day.

1.8 ‘Delivery’ means delivery in compliance with the conditions of the contract or order.

1.9 ‘Delivery ex stock’ means immediate delivery directly from stock actually on hand.

1.10 ‘Delivery into consignee’s store or to his site’ means delivered and unloaded in the specified store or
depot or on the specified site in compliance with the conditions of the contract or order, the supplier
bearing all risks and charges involved until the supplies are so delivered and a valid receipt is obtained.

1.11 ‘Dumping’ occurs when a private enterprise abroad markets its goods on its own initiative in the RSA at
lower prices than that of the country of origin, and which action has the potential to harm the local
industries in the RSA.

1.12 ‘Force majeure’ means an event beyond the control of the supplier, not involving the supplier’s fault or
negligence, and not foreseeable. Such events may include, but are not restricted to, acts of the purchaser
in its sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions and freight
embargoes.

1.13 ‘Fraudulent practice’ means a misrepresentation of facts in order to influence a procurement process or
the execution of a contract to the detriment of any bidder, and includes collusive practice among bidders
(prior to or after bid submission) designed to establish bid prices at artificial, non-competitive levels and
to deprive the bidder of the benefits of free and open competition.

1.14 ‘GCC’ means the General Conditions of Contract.

1.15 ‘Goods’ means all of the equipment, machinery, and/or other materials that the supplier is required to
supply to the purchaser under the contract.

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

1.17 ‘Local content’ means that portion of the bidding price which is not included in the imported content,
provided that local manufacture does take place.

1.18 ‘Manufacture’ means the production of products in a factory using labour, materials, components and
machinery, and includes other, related value-adding activities.

1.19 ‘Order’ means an official written order issued for the supply of goods or works or the rendering of a service.

1.20 ‘Project site’, where applicable, means the place indicated in bidding documents.

1.21 ‘Purchaser’ means the organisation purchasing the goods.

1.22 ‘Republic’ means the Republic of South Africa.

1.23 ‘SCC’ means the Special Conditions of Contract.

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1.24 ‘Services’ means those functional services ancillary to the supply of the goods, such as transportation
and any other incidental services, such as installation, commissioning, provision of technical assistance,
training, catering, gardening, security, maintenance, and other such obligations of the supplier covered
under the contract.

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

2. Application

2.1 These general conditions are applicable to all bids, contracts and orders, including bids for functional and
professional services, sales, hiring, letting and the granting or acquiring of rights, but excluding immovable
property, unless otherwise indicated in the bidding documents.

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

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

3. General

3.1 Unless otherwise indicated in the bidding documents, the purchaser shall not be liable for any expense
incurred in the preparation and submission of a bid. Where applicable, a non-refundable fee for
documents may be charged.

3.2 With certain exceptions, invitations to bid are only published in the Government Tender Bulletin. The
Government Tender Bulletin may be obtained directly from the Government Printer, Private Bag X85,
Pretoria 0001, or accessed electronically from www.treasury.gov.za.

4. Standards

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

5. Use of contract documents and information; inspection.

5.1 The supplier shall not, without the purchaser’s prior written consent, disclose the contract, or any provision
thereof, or any specification, plan, drawing, pattern, sample, or information furnished by or on behalf of
the purchaser in connection therewith, to any person other than a person employed by the supplier in the
performance of the contract. Disclosure to any such employed person shall be made in confidence and
shall extend only so far as may be necessary for the purposes of such performance.

5.2 The supplier shall not, without the purchaser’s prior written consent, make use of any document or
information mentioned in GCC clause 5.1, except for purposes of performing the contract.

5.3 Any document, other than the contract itself, mentioned in GCC clause 5.1 shall remain the property of
the purchaser and shall be returned (all copies) to the purchaser on completion of the supplier’s
performance under the contract if so required by the purchaser.

5.4 The supplier shall permit the purchaser to inspect the supplier’s records relating to the performance of the
supplier and to have them audited by auditors appointed by the purchaser, if so required by the purchaser.

6. Patent rights

6.1 The supplier shall indemnify the purchaser against all third-party claims of infringement of patent,
trademark, or industrial design rights arising from the use of the goods or any part thereof by the
purchaser.

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7. Performance Security

7.1 Within 14 (fourteen) days of receipt of the notification of contract award, the successful bidder shall furnish
to the purchaser the performance security of the amount specified in the SCC.

7.2 The proceeds of the performance security shall be payable to the purchaser as compensation for any loss
resulting from the supplier’s failure to complete his obligations under the contract.

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

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

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

8. Inspections, tests and analyses

8.1 All pre-bidding testing will be for the account of the bidder.

8.2 If it is a bid condition that supplies to be produced or services to be rendered should at any stage during
production or execution or on completion be subject to inspection, the premises of the bidder or contractor
shall be open, at all reasonable hours, for inspection by a representative of the Department or an
organisation acting on behalf of the Department.

8.3 If there are no inspection requirements indicated in the bidding documents and no mention of such is
made in the contract, but during the contract period it is decided that inspections shall be carried out, the
purchaser shall itself make the necessary arrangements, including payment arrangements with the testing
authority concerned.

8.4 If the inspections, tests and analyses referred to in clauses 8.2 and 8.3 show the supplies to be in
accordance with the contract requirements, the cost of the inspections, tests and analyses shall be
defrayed by the purchaser.

8.5 Where the supplies or services referred to in clauses 8.2 and 8.3 do not comply with the contract
requirements, irrespective of whether such supplies or services are accepted or not, the cost in connection
with these inspections, tests or analyses shall be defrayed by the supplier.

8.6 Supplies and services which are referred to in clauses 8.2 and 8.3 and which do not comply with the
contract requirements may be rejected.

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

8.8 The provisions of clauses 8.4 to 8.7 shall not prejudice the right of the purchaser to cancel the contract
on account of a breach of the conditions thereof, or to act in terms of Clause 23 of the GCC.

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9. Packing

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

9.2 The packing, marking, and documentation within and outside the packages shall comply strictly with such
special requirements as shall be expressly provided for in the contract, including additional requirements,
if any, specified in the SCC, and in any subsequent instructions ordered by the purchaser.

10. Delivery and documents

10.1 Delivery of the goods shall be made by the supplier in accordance with the terms specified in the contract.
The details of shipping and/or other documents to be furnished by the supplier are specified in the SCC.

10.2 Documents to be submitted by the supplier are specified in the SCC.

11. Insurance

11.1 The goods supplied under the contract shall be fully insured, in a freely convertible currency, against loss
or damage incidental to manufacture or acquisition, transportation, storage and delivery in the manner
specified in the SCC.

12. Transportation

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

13. Incidental Services

13.1 The supplier may be required to provide any or all of the following services, including additional services
(if any) specified in the SCC:
(a) performance or supervision of on-site assembly, and/or commissioning of the supplied goods;
(b) furnishing of tools required for the assembly and/or maintenance of the supplied goods;
(c) furnishing of a detailed operations and maintenance manual for each appropriate unit of the supplied
goods;
(d) performance or supervision or maintenance and/or repair of the supplied goods, for a period of time
agreed by the parties, provided that this service shall not relieve the supplier of any warranty
obligations under this contract; and
(e) training of the purchaser’s personnel, at the supplier’s plant and/or on-site, in assembly, start-up,
operation, maintenance, and/or repair of the supplied goods.

13.2 Prices charged by the supplier for incidental services, if not included in the contract price for the goods,
shall be agreed upon in advance by the parties and shall not exceed the prevailing rates charged to other
parties by the supplier for similar services.

14. Spare parts

14.1 As specified in the SCC, the supplier may be required to provide any or all of the following materials,
notifications, and information pertaining to spare parts manufactured or distributed by the supplier:
(a) such spare parts as the purchaser may elect to purchase from the supplier, provided that this election
shall not relieve the supplier of any warranty obligations under the contract; and
(b) in the event of termination of production of the spare parts:

(i) Advance notification to the purchaser of the pending termination, in sufficient time to permit the
purchaser to procure needed requirements; and

(ii) following such termination, furnishing at no cost to the purchaser, the blueprints, drawings, and
specifications of the spare parts, if requested.

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15. Warranty

15.1 The supplier warrants that the goods supplied under the contract are new, unused, and of the same as
the installed models. The supplier further warrants that all goods supplied under this contract shall have
no defect arising from design, materials, or workmanship (except when the design and/or material is
required by the purchaser’s specifications), or from any act or omission of the supplier, that may develop
under normal use of the supplied goods in the conditions prevailing in the country of final destination.

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

15.3 The purchaser shall notify the supplier promptly, in writing, of any claims arising under this warranty.

15.4 Upon receipt of such notice, the supplier shall, within the period specified in the SCC and with all
reasonable speed, repair or replace the defective goods or parts thereof, without costs to the purchaser.

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

16. Payment

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

16.2 The supplier shall furnish the purchaser with an invoice accompanied by a copy of the delivery note and
upon fulfilment of any other obligations stipulated in the contract.

16.3 Payments shall be made promptly by the purchaser, but in no case later than 30 (thirty) days after
submission of an invoice or claim by the supplier.

16.4 Payment will be made in Rand unless otherwise stipulated in the SCC.

17. Prices

17.1 Prices charged by the supplier for goods delivered and services performed under the contract shall not
vary from the prices tendered by the supplier in his bid, with the exception of any price adjustments
authorized in the SCC or in the purchaser’s request for bid validity extension, as the case may be.

18. Contract Amendments

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

19. Assignment

19.1 The supplier shall not assign, in whole or in part, its obligations to perform under the contract, except with
the purchaser’s prior written consent.

20. Subcontracts

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

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21. Delays in the supplier’s performance

21.1 Delivery of the goods and performance of services shall be made by the supplier in accordance with the
time schedule prescribed by the purchaser in the contract.

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

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

21.4 The right is reserved to procure, outside of the contract, small quantities of supplies; or to have minor
essential services executed if an emergency arises, or the supplier’s point of supply is not situated at or
near the place where the supplies are required, or the supplier’s services are not readily available.

21.5 Except as provided under GCC Clause 25, a delay by the supplier in the performance of its delivery
obligations shall render the supplier liable to the imposition of penalties, pursuant to GCC Clause 22,
unless an extension of time is agreed upon pursuant to GCC Clause 21.2 without the application of
penalties.

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

22. Penalties

22.1 Subject to GCC Clause 25, if the supplier fails to deliver any or all of the goods or to perform the services
within the period(s) specified in the contract, the purchaser shall, without prejudice to its other remedies
under the contract, deduct from the contract price, as a penalty, a sum calculated on the delivered price
of the delayed goods or unperformed services, using the current prime interest rate, calculated for each
day of the delay until actual delivery or performance. The purchaser may also consider termination of the
contract pursuant to GCC Clause 23.

23. Termination for default

23.1 The purchaser, without prejudice to any other remedy for breach of contract, by written notice of default
sent to the supplier, may terminate this contract in whole or in part:

(a) if the supplier fails to deliver any or all of the goods within the period(s) specified in the contract, or
within any extension thereof granted by the purchaser pursuant to GCC Clause 21.2;
(b) if the supplier fails to perform any other obligation(s) under the contract; or
(c) if the supplier, in the judgment of the purchaser, has engaged in corrupt or fraudulent practices in
competing for or in executing the contract.

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

23.3 Where the purchaser terminates the contract in whole or in part, the purchaser may decide to impose a
restriction penalty on the supplier by prohibiting such supplier from doing business with the public sector
for a period not exceeding 10 years.

102
23.4 If a purchaser intends imposing a restriction on a supplier or any person associated with the supplier, the
supplier will be allowed a time period of not more than 14 (fourteen) days to provide reasons why the
envisaged restriction should not be imposed. Should the supplier fail to respond within the stipulated 14
(fourteen) days the purchaser may regard the intended penalty as not objected against and may impose
it on the supplier.

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

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

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

23.7 If a court of law convicts a person of an offence as contemplated in sections 12 or 13 of the Prevention
and Combating of Corrupt Activities Act, Act 12 of 2004, the court may also rule that such person’s name
be endorsed on the Register for Tender Defaulters. When a person’s name has been endorsed on the
Register, the person will be prohibited from doing business with the public sector for a period of not less
than five years and not more than 10 years. The National Treasury is empowered to determine the period
of restriction, and each case will be dealt with on its own merits. According to section 32 of the Act the
Register must be open to the public. The Register can be perused on the National Treasury website.

24. Anti-dumping and countervailing duties and rights

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

25. Force majeure

25.1 Notwithstanding the provisions of GCC Clauses 22 and 23, the supplier shall not be liable for forfeiture of
its performance security, damages, or termination for default if, and to the extent that, his delay in
performance or other failure to perform his obligations under the contract is the result of an event of force
majeure.

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

26. Termination for insolvency

26.1 The purchaser may at any time terminate the contract by giving written notice to the supplier if the supplier
becomes bankrupt or otherwise insolvent. In this event, termination will be without compensation to the
supplier, provided that such termination will not prejudice or affect any right of action or remedy which has
accrued or will accrue thereafter to the purchaser.

103
27. Settlement of Disputes

27.1 If any dispute or difference of any kind whatsoever arises between the purchaser and the supplier in
connection with or arising out of the contract, the parties shall make every effort to resolve such dispute
or difference amicably, by mutual consultation.

27.2 If, after 30 (thirty) days, the parties have failed to resolve their dispute or difference by such mutual
consultation, then either the purchaser or the supplier may give notice to the other party of his intention
to commence with mediation. No mediation in respect of this matter may be commenced unless such
notice is given to the other party.

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

27.4 Mediation proceedings shall be conducted in accordance with the rules of procedure specified in the SCC.

27.5 Notwithstanding any reference to mediation and/or court proceedings herein,


(a) the parties shall continue to perform their respective obligations under the contract unless they
otherwise agree; and
(b) the purchaser shall pay the supplier any monies due to the supplier.

28. Limitation of Liability

28.1 Except in cases of criminal negligence or wilful misconduct, and in the case of infringement pursuant to
Clause 6:
(a) the supplier shall not be liable to the purchaser, whether in contract, tort, or otherwise, for any indirect
or consequential loss or damage, loss of use, loss of production, or loss of profits or interest costs,
provided that this exclusion shall not apply to any obligation of the supplier to pay penalties and/or
damages to the purchaser; and
(b) the aggregate liability of the supplier to the purchaser, whether under the contract, in tort or otherwise,
shall not exceed the total contract price, provided that this limitation shall not apply to the cost of
repairing or replacing defective equipment.

29. Governing language

29.1 The contract shall be written in English. All correspondence and other documents pertaining to the
contract that is exchanged by the parties shall also be written in English.

30. Applicable Law

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

31.1 Every written acceptance of a bid shall be posted to the supplier concerned by registered or certified mail,
and any other notice to him shall be posted by ordinary mail, to the address furnished in his bid or to the
address notified later by him in writing; and such posting shall be deemed to be proper service of such
notice.

31.2 The time mentioned in the contract documents for performing any act after such aforesaid notice has
been given, shall be reckoned from the date of posting of such notice.

32. Taxes and Duties

32.1 A foreign supplier shall be entirely responsible for all taxes, stamp duties, licence fees, and other such
levies imposed outside the purchaser’s country.

32.2 A local supplier shall be entirely responsible for all taxes, duties, licence fees, etc., incurred until delivery
of the contracted goods to the purchaser.

32.3 No contract shall be concluded with any bidder whose tax matters are not in order. Prior to the award of
a bid the Department must be in possession of a tax clearance certificate submitted by the bidder. This
certificate must be an original issued by the South African Revenue Services.

104
33. National Industrial Participation (NIP) Programme

33.1 The NIP Programme administered by the Department of Trade and Industry shall be applicable to all
contracts that are subject to the NIP obligation.

34 Prohibition of Restrictive practices

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

34.2 If a bidder(s) or contractor(s), based on reasonable grounds or evidence obtained by the purchaser,
has/have engaged in the restrictive practice referred to above, the purchaser may refer the matter to the
Competition Commission for investigation and possible imposition of administrative penalties as
contemplated in the Competition Act, Act 89 of 1998.

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

105
(9) FORM OF GUARANTEE / PERFORMANCE SECURITY

FORM OF GUARANTEE / PERFORMANCE SECURITY

GUARANTOR DETAILS AND DEFINITIONS

"Guarantor" means: .............................................................................................................................................

Physical address of Guarantor: ..........................................................................................................................

"Supplier" means: ...............................................................................................................................................

"Contract Sum" means: The accepted tender amount (INCLUSIVE OF VAT) of R ............................................

Amount in words: ................................................................................................................................................

"Guaranteed Sum" means: R300 000 (three hundred thousand rand) ...........................................................

Amount in words: ................................................................................................................................................

“Contract” means: The agreement made in terms of the Form of Offer and Acceptance for tender no
DP5321/2019/20: PROVISION OF BACKUP MAINTENANCE SERVICES ON AERATION BLOWER SYSTEMS
AT VARIOUS CITY SITES and such amendments or additions to the contract as may be agreed in writing
between the parties.

PERFORMANCE GUARANTEE

1. The Guarantor's liability shall be limited to the amount of the Guaranteed Sum.

2. The Guarantor's period of liability shall be from and including the date of issue of this
Guarantee/Performance Security up to and including the termination of the Contract or the date of
payment in full of the Guaranteed Sum, whichever occurs first.

3. The Guarantor hereby acknowledges that:

3.1 any reference in this Guarantee/Performance to “Contract” is made for the purpose of
convenience and shall not be construed as any intention whatsoever to create an accessory
obligation or any intention whatsoever to create a suretyship;

3.2 its obligation under this Guarantee/Performance Security is restricted to the payment of money.

4. Subject to the Guarantor's maximum liability referred to in 1, the Guarantor hereby undertakes to pay the
City of Cape Town the sum due and payable upon receipt of the documents identified in 4.1 to 4.2:

4.1 A copy of a first written demand issued by the City of Cape Town to the Supplier stating that
payment of a sum which is due and payable has not been made by the Supplier in terms of the
Contract and failing such payment within seven (7) calendar days, the City of Cape Town intends
to call upon the Guarantor to make payment in terms of 4.2;

4.2 A first written demand issued by the City of Cape Town to the Guarantor at the Guarantor's
physical address with a copy to the Supplier stating that a period of seven (7) days has elapsed
since the first written demand in terms of 4.1 and the sum has still not been paid.

5. Subject to the Guarantor's maximum liability referred to in 1, the Guarantor undertakes to pay to the City
of Cape Town the Guaranteed Sum or the full outstanding balance upon receipt of a first written demand
from the City of Cape Town to the Guarantor at the Guarantor's physical address calling up this Guarantee
/ Performance Security, such demand stating that:

5.1 the Contract has been terminated due to the Supplier's default and that this
Guarantee/Performance Security is called up in terms of 5; or

106
5.2 a provisional or final sequestration or liquidation court order has been granted against
the Supplier and that the Guarantee/Performance Guarantee is called up in terms of 5; and

5.3 the aforesaid written demand is accompanied by a copy of the notice of termination
and/or the provisional/final sequestration and/or the provisional liquidation court order.

6. It is recorded that the aggregate amount of payments required to be made by the Guarantor in terms of 4
and 5 shall not exceed the Guarantor's maximum liability in terms of 1.

7. Where the Guarantor has made payment in terms of 5, the City of Cape Town shall upon the termination
date of the Contract, submit an expense account to the Guarantor showing how all monies received in
terms of this Guarantee/Performance Security have been expended and shall refund to the Guarantor
any resulting surplus. All monies refunded to the Guarantor in terms of this Guarantee/Performance
Security shall bear interest at the prime overdraft rate of the City of Cape Town's bank compounded
monthly and calculated from the date payment was made by the Guarantor to the City of Cape Town until
the date of refund.

8. Payment by the Guarantor in terms of 4 or 5 shall be made within seven (7) calendar days upon receipt
of the first written demand to the Guarantor.

9. The City of Cape Town shall have the absolute right to arrange its affairs with the Supplier in any manner
which the City of Cape Town may deem fit and the Guarantor shall not have the right to claim his release
from this Guarantee /Performance Security on account of any conduct alleged to be prejudicial to the
Guarantor.

10. The Guarantor chooses the physical address as stated above for the service of all notices for all purposes
in connection herewith.

11. This Guarantee/Performance Security is neither negotiable nor transferable and shall expire in terms of
2, where after no claims will be considered by the Guarantor. The original of this Guarantee / Performance
Security shall be returned to the Guarantor after it has expired.

12. This Guarantee/Performance Security, with the required demand notices in terms of 4 or 5, shall be
regarded as a liquid document for the purposes of obtaining a court order.

13. Where this Guarantee/Performance Security is issued in the Republic of South Africa the Guarantor
hereby consents in terms of Section 45 of the Magistrate's Courts Act No 32 of 1944, as amended, to the
jurisdiction of the Magistrate's Court of any district having jurisdiction in terms of Section 28 of the said
Act, notwithstanding that the amount of the claim may exceed the jurisdiction of the Magistrate's Court.

Signed at .............................................................................................................................................................

Date ....................................................................................................................................................................

Guarantor's signatory (1) .....................................................................................................................................

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

Guarantor's signatory (2) .....................................................................................................................................

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

Witness signatory (1) ...........................................................................................................................................

Witness signatory (2) ...........................................................................................................................................

107
ANNEXURE

LIST OF APPROVED FINANCIAL INSTITUTIONS

The following financial institutions are currently (as at 7th February 2020) approved for issue of contract guarantees to the
City:

National Banks:
ABSA Bank Ltd.
FirstRand Bank Ltd.
Investec Bank Ltd.
Nedbank Ltd.
Standard Bank of SA Ltd.
International Banks (with branches in SA):
Barclays Bank plc.
Citibank n.a.
Credit Agricole Corporate and Investment Bank
HSBC Bank plc.
JP Morgan Chase Bank
Societe Generale
Standard Chartered Bank
Insurance companies:
Bryte Insurance Co. (Previously Zurich Insurance Co.)
Coface SA
Compass Insurance Co.
Constantia Insurance Co.
Credit Guarantee Insurance Corporation of Africa
Guardrisk Insurance Co.
Hollard Insurance Company Ltd.
Infiniti Insurance Limited
Lombard Insurance
New National Assurance Co.
PSG Konsult Ltd (Previously Absa Insurance)
Regent Insurance Co.
Renasa Insurance Company Ltd.
Santam Limited

108
(10) FORM OF ADVANCE PAYMENT GUARANTEE

ADVANCE PAYMENT GUARANTEE

GUARANTOR DETAILS AND DEFINITIONS

"Guarantor" means: ..............................................................................................................................................................

Physical address of guarantor: ............................................................................................................................................

"Supplier" means: ................................................................................................................................................................

"Contract Sum" means: The accepted tender amount (INCLUSIVE of VAT ) of R ..............................................................

Amount in words: .................................................................................................................................................................

"Contract" means: The agreement made in terms of the Form of Offer and Acceptance and such amendments or additions to
the Contract as may be agreed in writing between the parties.

"Plant and materials" means: The Plant and materials in respect of which an advance payment prior to manufacture is required,
which the City of Cape Town has agreed may be subject to advance payment, such Plant and materials being listed in the
Schedule of Plant and materials.

“Schedule of Plant and materials” means: A list of Plant and materials which shows the value thereof to be included in the
Guaranteed Advance Payment Sum.

"Guaranteed Advance Payment Sum" means: The maximum amount of R .........................................................................

Amount in words: .................................................................................................................................................................

1. The Guarantor's liability shall be limited to the amount of the Guaranteed Advance Payment Sum.

2. The Guarantor's period of liability shall be from and including the date of issue of this Advance Payment Guarantee
and up to and including the termination of the Contract or the date of payment in full of the Guaranteed Advance
Payment Sum, whichever occurs first.

3. The Guarantor hereby acknowledges that:

3.1 any reference in this Advance Payment Guarantee to the Contract is made for the purpose of convenience and shall
not be construed as any intention whatsoever to create an accessory obligation or any intention whatsoever to create
a suretyship;

3.2 its obligation under this Advance Payment Guarantee is restricted to the payment of money.

4. Subject to the Guarantor's maximum liability referred to in 1, the Guarantor hereby undertakes to pay the City of Cape
Town the sum advanced to the Supplier upon receipt of the documents identified in 4.1 to 4.2:

4.1 A copy of a first written demand issued by the City of Cape Town to the Supplier stating that payment of a sum advanced
by the City of Cape Town has not been repaid by the Supplier in terms of the Contract (“default”) and failing such
payment within seven (7) calendar days, the City of Cape Town intends to call upon the Guarantor to make payment
in terms of 4.2;

4.2 A first written demand issued by the City of Cape Town to the Guarantor at the Guarantor's physical address with a
copy to the Supplier stating that a period of seven (7) calendar days has elapsed since the first written demand in terms
of 4.1 and the sum advanced has still not been repaid by the Supplier.

5. Subject to the Guarantor's maximum liability referred to in 1, the Guarantor undertakes to pay to the City of Cape Town
the Guaranteed Advance Payment Sum or the full outstanding balance not repaid upon receipt of a first written demand
from the City of Cape Town to the Guarantor at the Guarantor's physical address calling up this Advance Payment
Guarantee, such demand stating that:

5.1 the Contract has been terminated due to the Supplier’s default and that this Advance Payment Guarantee is called up
in terms of 5; or

109
5.2 a provisional or final sequestration or liquidation court order has been granted against the Supplier and that the Advance
Payment Guarantee is called up in terms of 5; and

5.3 the aforesaid written demand is accompanied by a copy of the notice of termination and/or the provisional/final
sequestration and/or the provisional liquidation court order.

6. It is recorded that the aggregate amount of payments required to be made by the Guarantor in terms of 4 and 5 shall
not exceed the Guarantor's maximum liability in terms of 1.

7. Payment by the Guarantor in terms of 4 or 5 shall be made within seven (7) calendar days upon receipt of the first
written demand to the Guarantor.

9. The City of Cape Town shall have the absolute right to arrange its affairs with the Supplier in any manner which the
City of Cape Town may deem fit and the Guarantor shall not have the right to claim his release from this Advance
Payment Guarantee on account of any conduct alleged to be prejudicial to the Guarantor.

10. The Guarantor chooses the physical address as stated above for the service of all notices for all purposes in connection
herewith.

11. This Advance Payment Guarantee is neither negotiable nor transferable and shall expire in terms of 2, whereafter no
claims will be considered by the Guarantor. The original of this Guarantee shall be returned to the Guarantor after it
has expired.

12. This Advance Payment Guarantee, with the required demand notices in terms of 4 or 5, shall be regarded as a liquid
document for the purposes of obtaining a court order.

13. Where this Guarantee/Performance Security is issued in the Republic of South Africa the Guarantor hereby consents in
terms of Section 45 of the Magistrate's Courts Act No 32 of 1944, as amended, to the jurisdiction of the Magistrate's
Court of any district having jurisdiction in terms of Section 28 of the said Act, notwithstanding that the amount of the claim
may exceed the jurisdiction of the Magistrate's Court.

Signed at ..............................................................................................................................................................................

Date ...................................................................................................................................................................................

Guarantor's signatory (1) ......................................................................................................................................................

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

Guarantor's signatory (2) ......................................................................................................................................................

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

Witness signatory (1) ............................................................................................................................................................

Witness signatory (2) ............................................................................................................................................................

110
(10.1) ADVANCE PAYMENT SCHEDULE (NOT APPLICABLE)
Not applicable

111
(11) OCCUPATIONAL HEALTH AND SAFETY AGREEMENT

AGREEMENT MADE AND ENTERED INTO BETWEEN THE CITY OF CAPE TOWN (HEREINAFTER CALLED
THE “CCT”) AND

……………………....................………………………………….............…………………………. ,
(Supplier/Mandatary/Company/CC Name)

IN TERMS OF SECTION 37(2) OF THE OCCUPATIONAL HEALTH AND SAFETY ACT, 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 Occupational Health and Safety Specifications contained in
this tender and undertake to comply therewith at all times.

I hereby also undertake to comply with the Occupational Health and Safety Specification and Plan submitted and
approved in terms thereof.

Signed at .......................................on the......................................day of....................................20….

_______________________ ____________________
Witness Mandatary

Signed at ...................................... on the.....................................day of......................................20 ....

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

112
(12) INSURANCE BROKER’S WARRANTY (PRO FORMA)

Letterhead of supplier’s Insurance Broker


Logo

Date ____________________________

CITY OF CAPE TOWN


City Manager
Civic Centre
12 Hertzog Boulevard
Cape Town
8000

Dear Sir

TENDER NO.: DP5321/2019/20

TENDER DESCRIPTION: PROVISION OF BACKUP MAINTENANCE SERVICES ON AERATION BLOWER SYSTEMS AT


VARIOUS CITY SITES

NAME OF SUPPLIER:__________________________________________________________________

I, the undersigned, do hereby confirm and warrant that all the insurances required in terms of the abovementioned contract
have been issued and/or in the case of blanket/umbrella policies, have been endorsed to reflect the interests of the CITY OF
CAPE TOWN with regard to the abovementioned contract, and that all the insurances and endorsements, etc., are all in
accordance with the requirements of the contract.

I furthermore confirm that all premiums in the above regard have been paid.

Yours faithfully

Signed:

For: (Supplier’s Insurance Broker)

113
(13) SPECIFICATION(S)

5.1 PURPOSE
The purpose of this tender is to solicit bids for the provision of backup maintenance services on aeration
blower systems at various City sites, in the event that the CCT’s maintenance teams cannot perform
these services. The services of the successful tenderer will thus be required on an as – and – when
needed basis.

The contracted activities may include the following:

 The preventative maintenance services of the plant and equipment, and the routine replacement of
consumables and wear-and-tear items covered in a fully comprehensive maintenance activity
breakdown (as produced by tenderer).
 Unplanned emergency activities, including the replacement of defective parts in the event of
breakdown. The Tenderer is expected to hold or have prompt access to critical parts to ensure that
unforeseen disruptions are minimized to ensure a turn-around time of not exceeding 1 week from the
date of the issuing of an authorized purchase order.
 The supply of materials as may become necessary outside of the routine preventive maintenance
plan.
 Perform predictive maintenance activities in the form of condition monitoring, including but not limited
to vibration analysis, oil / wear analysis and thermography.
 Reporting on the performance and maintenance status of the equipment.
 Training CCT staff on maintenance activities (both preventative and reactive) and use of instruments
and/or special tools.
 Two tenderers will be contracted for a period of thirty-six months, one main and one alternate.
 The alternate tenderer will only be used if the main tenderer cannot honor its commitments.

All maintenance strategies, planning and scheduling will be performed by CCT. The services procured
are to supplement the maintenance services available within the CCT where required.

5.2 OVERVIEW OF EQUIPMENT


The City of Cape Town’s Water and Sanitation Department operates various wastewater and water
treatment works within its municipal boundaries. The blowers are located at a number of these facilities
across the City.

The table below contains a list of plants and the associated blower installations, which will require
repairs from time to time under this contract. Annexure 1 contains maintenance schedules for the
various preventative tasks for the high speed centrifugal blowers that may be required under this
contract.

The respective sites have the following equipment installed:

114
Location: Centrifugal Type: Positive displacement
Type:
Athlone WWTW 4 x Howden Model SG 70 1 x 337.25kW Roots
3 x Donkin Model SD66 5C

Bellville WWTW 4 x Aerzen 2 x Holmes Model URAI 45


Model AT4001.0tNV2
Bellville WWTW 4 x Howden Model SG 45
Blackheath WTP 2 x Robushi Model RBS 55
Borcherds Quarry WWTW 3 x Howden Model SG 30 2 x Bush
3 x Howden Model SG 52 Model WT100BPXVZZXX
Brooklands 6 x Robuschi Model RCS 45/V
Cape Flats WWTW 4 x Howden Model SG 70 4 Robuschi Model ES15/1/P
Faure WTP 2 x Robuschi Model: SNH70
Gordonsbay WWTW 2 x Bush
Model WT100BPXVZZXX
Klipheuwel WWTW 2 x Robushi Model RBS 25/f
Kraaifontein WWTW 2 x Robushi Model RBS 25/f
Macassar WWTW 2 x Holmes Model URAI 45
Melkbos WWTW 1 x Dresser Model: URAI 32
Mitchell’s Plain WWTW 3 X Howden Model SG 45
3 x Howden Model SG52
Potsdam WWTW 2 x Dresser Model: URAI 32
2 x Robushi Model RBS 65/V
1 x Rotary Lube
Scottsdene WWTW 2 x Holmes Model URAI 45
Voelvlei WTP 1 x Robuschi Model RYT14
1x Robuschi Model RBS145
2x Robuschi Model RBS 55/V
Wemmershoek WTP 3 x Robuschi Model RT 130
2 x Robuschi Model RT 60
1 x Wade
Model HSR08513.DC-W
1 x No details
Wesfluer 2 x Howden Model SG45 2 x Robuschi Model RBS 35/f
4 x Robuschi Model RVT130
2 x Robusch Model RBS 45/V
1 x Holmes Model RBST 8

5.2.2 Package Overview of the aeration blower systems

Below is an overview of the main components for the aeration blower system for all blower models:

5.2.2.1 High Speed Centrifugal blowers:

Electric Motors/Ancillaries

 Electric motors are supplied with grease lubricated ball or roller bearings.
 The lubrication period and type of bearings are located on the motor nameplate.
 Note that ongoing lubrication intervals will depend on running hours, motor speed, working
conditions, type of grease and working temperature.

Compressor

 The Howden models are described as SG 30/45/52/72 centrifugal ‘Turbo’ Compressor and are of
oil free design
 The model number of the compressor denotes the diameter of the impeller e.g. SG 30 =
Overhung 30cm impeller

Gearbox

 The gear box runs > 10 000 revs/minute and it is a forced oil lubrication system.

115
 The shafts are radially supported by the tilting pad bearings
 The shafts are axially supported by thrust bearings

Lubrication system

 The blower is fitted with a filler cap located on the package base.
 It also has the oil level site glass
 It has a dual oil pumps, electrically driven and mechanically driven
 It uses a spray bar for lubrication of the gears

Cooling system
 Airblast cooling system
 Heat exchanger for the lubrication system
 A cooling fan and louvres

Inlet Guide Vanes

 It is the control assembly fitted to the blower to enhance efficient capacity control whilst retaining
the same constant speed motor.
 The guide vanes are manufactured from AISI 316 stainless steel and equally spaced radially
about the bore of the inlet branch, to pre-rotate the air before entering the impeller.
 Guide vanes are supported in self-lubricated bearing sleeves, provided with an “O” ring seal at
the vane shoulder to isolate linkage from the flow medium.
 There is either an electric servo motor actuator or pneumatic actuators fitted for modulating
control. (Tenderer to confirm on site)

Variable Vane Diffuser

 The diffuser vane control assemblies are incorporated within the blower to achieve efficient
capacity control whilst retaining the simple constant speed motor.
 They are aerofoil vanes manufactured from an AISI 316 stainless steel.

Blow off Valve

 This is an unloading valve for start-up and shutdown including machine surge protection.

Inlet Filter

 Across the filters there is an analogue differential pressure transmitter to provide an indication of
when the filters require to be changed.
 The blowers are designed for use in a safe area and transmitter protocol is with a 4-20mA
analogue output signal scaled over the design range of the instrument.

Local Control Panel/HMI

 It is the indicator of the compressor’s status and provides local operator control
 Monitors & controls performance
 Monitors package condition
 Provides machine protection
 Provides personnel protection
 Emergency stop circuit
 Trip circuits

5.2.2.2 Positive Displacement blowers

PD Blowers work by drawing in air through an inlet and then against the system pressure forcing
that trapped air out the outlet side. They are perfect for delivering reliably constant pressures, and
the flow can be altered based on the operating speed.

These blowers have a time tested lubrication system and an exclusive “figure-8” gearbox design
improves oil distribution to the timing gears and lengthens bearing life.

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Rotors
The rotors 2 are synchronized by means of a gear with involute toothed wheels

Seals
The shafts have labyrinth seals, gas leaks are collected into special air spaces in the covers and are
discharged into the atmosphere.

Lubrication
Two sumps are mounted on the covers which act as oil tanks for the bathv lubrication of the bearings and
of the synchronized gear.

5.3 SPECIFICATIONS
These specifications provide for the maintenance of aeration blower equipment, event preparation and
execution and applicable associated tasks on various wastewater treatment works(WWTWs) and water
treatment plants (WTP) within the CCT environment.

5.3.1 The onus shall be on the tenderer to ensure that the services offered are fully compatible with the
aeration blower plant equipment and associated configuration.

5.3.2 No minimum order quantities are guaranteed. The exact quantities are not known and accordingly
tenderers have been asked to indicate unit prices.

5.3.3 The onus shall be on the tenderer to ensure that the material and equipment delivered, function in
accordance with the requirements to this specification. All equipment, consumables and other relevant
material specifications will be submitted for approval to the CCT.

5.3.4 The tenderer shall provide verifiable proof of technical compliance and experience in maintaining
specific key equipment described in this specification. The key equipment will be the high speed
centrifugal as well as positive displacement blowers and its associated control systems. Specific
reference to manufacturer, type and model are required.

5.4 APPLICABLE STANDARDS

All relative documentation will comply with the latest amendment of the following standards, codes and
statutory requirements, stipulations, regulations and provisions and all workmanship shall be carried out
in accordance with the relevant safety procedures:

 National Environmental Management Act,Act No. 107 of 1998


 Manufacturer’s maintenance specifications
 Municipal by-laws and Local Governing Body
 The as-built record and maintenance manuals for each center
 The Construction Regulations 2014
 The Occupational Health and Safety Act, Act No 85 of 1993
 All applicable SANS specifications, or BS specifications not mentioned

5.5 SCOPE OF WORKS


The tenderer shall provide, as a minimum but not limited to, the services below:

5.5.1 Develop detailed method statements from activity schedules for all preventative maintenance
activities.

The tenderer shall develop detailed method statements utilizing provided O&M manuals, activity
schedules and site information obtained from site visits for all equipment related to the blower system.
The method statement to include safe working procedures, hazard identification and risk assessments
(HIRA) and specification on all materials and consumables utilized to preform specific activity.

The tenderer shall provide verifiable proof with the method statements that all materials and
consumables proposed in method statements are approved by specific equipment manufacturers.

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Specific reference to manufacturer (and if possible, type and model) is required. These method
statements are to be submitted to CCT for approval prior to each assigned job.

5.5.2 Preventative Maintenance and Condition Monitoring Activities

If and when CCT deems it necessary to supplement its in-house maintenance resources with those
made available under this Contract for preventative maintenance activities, the tenderer will be notified
of this requirement. The specific tasks / activities required will be identified and a CCT purchase order
will be raised, authorized and issued to the tenderer. The activity requirements will be as defined in
Detailed Method Statement (as per section 5. 5.1). Following the receipt of notification, the Tenderer will
have 48 hours (2 days) to respond to the notification (unless otherwise agreed) and commence
execution of activity.

The tenderer will be required to quote for the preventative maintenance services as per the pricing
schedule. Service costing shall include labour, materials, parts and consumables.

The preventative maintenance work required in terms of this contract are to be performed during regular
working hours, being Monday to Friday during the hours of 07:30 to 16:00. Overtime work to be approved
before undertaken.

All administrative activities (including permit to work, site inductions, lock out procedure, site access
arrangements, etc.) will be in line with the CCT requirements and agreed on contract commencement.

The tenderer is expected to maintain locally an inventory of all regularly wearing parts or parts whose
failure can be reasonably predicted / anticipated.

Once preventative maintenance activity is completed the tenderer shall provide the CCT with feedback
on activity preformed and other findings made during the performance of the maintenance activity. The
format of this reporting is to be typically as per the pro-forma as contained in Annexure 2. This feedback
is to be provided within three (3) working days following the completion of activity.

The CCT or their duly appointed agents shall retain the right to witness and/or verify the performance of
any maintenance work by the Tenderer at any time.

5.5.3 Reactive Maintenance Activities

If and when the CCT deems it necessary to supplement its in-house maintenance resources with those
made available under this Contract, for the supply of material or spares and reactive maintenance, the
successful tenderer will be notified of this requirement. Following the receipt of the notification, the
tenderer will have four (4) hours to respond to the notification, with an estimate of costs based upon the
Pricing Schedule rates and any other additional costs for approval by the CCT to be provided within 24
hours (1 day). Once approval is granted and an authorized and released purchase order is received,
the tenderer will have 24 hours (1 day) to submit detailed method statements and the repair work must
commence within a period not exceeding two (2) calendar days (unless otherwise agreed).

The reactive maintenance work required in terms of this contract are to be performed during regular
working hours being Monday to Friday during the hours of 07:30 to 16:00 unless otherwise instructed
by the CCT based on the nature of the breakdown.

All administrative activities (including permit to work, site inductions, lock out procedure, site access
arrangements, etc.) will be in line with the CCT requirements and agreed on contract commencement.

If equipment or parts of equipment requires to be moved to a suitable off-site location, the Tenderer is
required to make such arrangements with the CCT. The cost for such transport is to be included into the
estimate of cost for approval by the CCT before any equipment is removed.

The tenderer should be present at the commissioning of all repaired and returned- to- service equipment.
During commissioning, the tenderer must log all operating parameters; to be included in the data pack
issued to the CCT after the repair. The data pack to include all test certificates, material specifications,
commissioning check sheets (laser alignment and balancing reports) and the breakdown analysis report
(Annexure 2: Breakdown Feedback Report).

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Once reactive maintenance activity is completed the tenderer shall provide the CCT with feedback on
activity preformed and other findings made during the performance of the reactive maintenance activity.
A basic root cause analysis report is to be provided for all activities as a result of equipment or part
failure. Recommendations based on findings will also form part of this communication. The format of
this reporting is to be typically as per the pro-forma as contained in Annexure 2. This feedback is to be
provided within three (3) working days following the completion of activity.

The CCT or their duly appointed agents shall retain the right to witness and/or verify the performance of
any maintenance work by the Tenderer at any time.

5.5.4 Supply of Materials / Spares

If the CCT plans to conduct maintenance with its internal maintenance resources and specific equipment
replacements is required as part of these activities, the successful tenderer will supply the identified
spares and equipment to the CCT. The equipment handling and availability will be the same as that
described under reactive maintenance activities.

The tenderer will be compensated as per the Pricing Schedule for supply of such materials.

5.5.5 Training of CCT staff

Both the high speed centrifugal and the positive displacement blower systems are specialized
equipment that requires expert training. It is the intension of the CCT to utilize this contract to increase
internal maintenance capacity by technical upskilling of its human resources while working side by side
with the successful tenderer(s).

If the CCT identifies specific shortcomings on certain equipment or processes, the successful
tenderer(s) can be requested to provide specific training interventions by equipment specialists. The
specialist shall provide theoretical and practical training on the identified equipment and present it to
CCT employees.

Theoretical training will take place at CCT allocated facilities, with the successful tenderer(s) providing
a subject specialist as well as the relevant training material. Training material for theoretical training
should be submitted to the CCT for approval prior to the training intervention. Costing for the theoretical
training will be as per Schedule C in the pricing schedule and will be per day for 12 delegates including
training material.

Practical training will be in the form of on-the-job training. It will take place during both preventative and
reactive maintenance activities, where CCT resources will work together with the successful tenderer
for the purposes of transferring of skills. Since the CCT staff will be observing the successful tenderer(s)
while carrying out maintenance activities, there will be no charge for practical training.

Arrangements to facilitate practical training will be agreed on between the CCT representative and the
successful tenderer(s) prior to such activity.

Prior approval must be obtained from the CCT before any expenses are incurred in this regard.

5.5.6 Travel and subsistence costs

Not applicable.

5.5.7 Provision of performance guarantee and insurances

The Tenderer shall be required to supply a performance guarantee (see Item 7 of the Special Conditions)
and insurances (see Item 11 of the Special Conditions). Since no quantum work can be guaranteed
from this contract a separate once off payment will be made in this regard in accordance with the amount
tendered on the pricing schedule.

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5.6 LIST OF APPROVALS REQUIRED
The Tenderer shall be responsible for obtaining approvals from the CCT representative for the following:

 Detailed Method statements as described in section 5.5.1.


 Use of all proposed materials and consumables
 Change of any key personnel
 Any changes to the infrastructure/equipment/process control systems
 Any wayleave approvals from all service authorities
 Training materials by equipment specialist

5.7 KEY PERSONNEL


The tenderer must have the following key personnel in its permanent employment at the close of tender.
Alternatively, a signed undertaking from a specialist sub-contractor or consultant having the required
personnel, stating that they will undertake the necessary work on behalf of the tenderer, will be
acceptable.

A statement for each of the individuals identified, which indicates any fields of specialization and any
recent experience that is relevant to this tender (which may or may not form part of the individual’s
curriculum vitae). Tenderers should indicate to which part of this tender, the field of specialization is
relevant to.

Different individuals to be identified for each of the key personnel listed. If, however a tenderer wishes
to propose the same person for more than one of the positions listed, such person must pass the
requirements for each criteria and the tender submission must clearly indicate such compliance.

KEY PERSONNEL

Position Qualification Experience


5 (five) years post trade test
Trade tested artisan in Electrical
Electrical Artisan experience in a plant
Engineering / Millwright
maintenance environment
Trade tested artisan in Mechanical
5 (five) years post trade test
Engineering (Fitter, Fitter & Turner,
Mechanical Artisan experience on high speed
Millwright, Tool Maker, Electrical Fitter,
rotating machines
Marine Fitter, etc.)
Trade tested artisan in Electrical /
3 (three) years post
Electronic / Instrumentation Engineering
Instrumentation Artisan, qualification (N6, National N
OR a N6, National N Diploma or National
Technician or higher Diploma or National Diploma
Diploma in Electrical / Electronic /
or higher) experience
Instrumentation Engineering or higher
N6, National N Diploma or National
Diploma in Electrical / Electronic 3 (three) years post
PLC/SCADA Software Engineering or Computer / Software qualification experience in
Programmer Programming OR Candidate with programming of PLC and
accredited training certificate from OEM for SCADA systems
installed PLC and SCADA systems
Any of the above Electrical, Mechanical or
5 (five) years’ experience on
Instrumentation trades OR National
High speed centrifugal high speed centrifugal blowers
Diploma in Electrical, Mechanical or
blower specialist as electrical or mechanical
Instrumentation Engineering or higher OR
expert
higher
Any of the above Electrical, Mechanical or
5 (five) years’ experience on
Instrumentation trades OR National
Positive displacement positive displacement blowers
Diploma in Electrical, Mechanical or
blower specialist as electrical or mechanical
Instrumentation Engineering or higher OR
expert
higher

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The curriculum vitae of all key personnel (including consultants and sub-contractors), must be submitted
with the tender submission, appended to Schedule 15A.

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 who meet the minimum criteria as
stipulated above, and such replacements must be communicated in writing to the CCT Project Manager
for approval.

5.8 LOCAL WORKSHOP


A local workshop will be a contract condition. In the case where the successful bidder does not have a
local workshop on award of the tender, the successful bidder needs to establish a local workshop within
the greater City of Cape Town area within 30 days from contract commencement.

All communication with the City of Cape Town should flow from this facility, with the majority of work in
terms of this tender carried out at this workshop. The workshop should meet the minimum requirements
for a maintenance workshop suitable for industrial type repairs, and this term tender’s requirement.
Minimum requirements for a maintenance workshop will include the following, but not limited to:
 adequate workspace with suitable work benches,
 adequate lighting and ventilation,
 hand and power tools for stripping and assembling equipment,
 lifting equipment,
 storage area,
 bench grinder with wire brush, and
 hydraulic press.

The workshop layout should be functional, with uniform workflow. Over and above the minimum
requirements for a standard maintenance workshop as set out above, the workshop has to meet the
requirements as set out in Schedule 16: Local Workshop Checklist. All communication with the City of
Cape Town should flow from this facility, with the majority of work in terms of this tender carried out at
this workshop.

The CCT Engineer will inspect, complete and certify the workshop in line with Schedule 16 in order to
ensure it meets the CCT Water and Sanitation department’s minimum requirements for a typical
maintenance workshop and this tender’s requirements.

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5.9 EMPLOYMENT OF SECURITY PERSONNEL
Not applicable to this contract

5.10 FORMS FOR CONTRACT ADMINISTRATION


The supplier shall complete, sign and submit with each invoice, the following:

a) Monthly Project Labour Report ( Annex 3).


b) B-BBEE Sub-Contract Expenditure Report ( Annex 4).
c) Joint Venture Expenditure Report ( Annex 5).

The Monthly Project Labour Report must include details of all labour (including that of sub-contractors)
that are South African citizens earning less than R350.00 per day, as adjusted from time to time
(excluding any benefits), who are employed on a temporary or contract basis on this contract in the
month in question.

In addition to the Monthly Project Labour Report the Supplier shall simultaneously furnish the CCT’s
Agent with copies of the employment contracts entered into with such labour, together with certified
copies of identification documents, proof of attendance in the form of attendance register or timesheets
as well as evidence of payments to such labour in the form of copies of payslips or payroll runs. If the
worker is paid in cash or by cheque, this information must be recorded on the envelope and the worker
must acknowledge receipt of payment by signing for it and proof of such acknowledgement shall be
furnished to the CCT’s Agent.

The Monthly Project Labour Reports shall be completed and submitted in accordance with the
instructions therein.

The B-BBEE Sub-Contract Expenditure Report is required for monitoring the supplier’s compliance
with the sub-contracting conditions of the Preference Schedule.

The Joint Venture Expenditure Report is required for monitoring the joint
venture’s/consortium/partnership compliance with the percentage contributions of the partners as
tendered, where the joint venture/consortium/partnership has been awarded preference points in
respect of its consolidated B-BBEE scorecard.

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HEALTH AND SAFETY SPECIFICATION (G)

Health and Safety Specification means a documented specification of all health and safety requirements pertaining to the
associated works on a construction site, so as to ensure the health and safety of persons working on and exposed to the
associated works.

G1 DEFINITIONS

For the purposes of this Specification, the definitions given in the Occupational Health and Safety Act, 85 of 1993
and the Construction Regulations, 2014, and the following definitions, shall apply:

a) “Construction Regulations, 2014” means the Construction Regulations (GNR. 84 of 7 February 2014)
published in terms of the OHS Act.
b) “Contractor” means the Principal Contractor as defined in the Construction Regulations, 2014.
c) “Employer” means the client or his agent as defined in Construction Regulations, 2014.
d) “Engineer” means the person/firm so named in the Contract Data whose function is to administer the
Contract as agent of the Employer, acting through, if appointed, a Health and Safety Agent.
e) “OHS Act” means the Occupational Health and Safety Act, 85 of 1993.
f) “subcontractor” means many contract employed by the Contractor to perform construction work.

G2 PROVISION FOR COST OF HEALTH AND SAFETY

The Principal Contractor shall make and show adequate provision for the cost of adequate and required health and
safety measures during the construction process as required by Construction Regulation 5(1)(g), specifically
provision for the adequate quantities and types of specialised PPE as required for Penstocks and Valves operations,
including approved respirators, disposable organic vapour cartridges, life jackets and rescue devices.

Further to the adequate provision for the cost of health and safety as outlined above, the Principal Contractor shall
ensure that on appointing any other contractor for any portion of the construction project, that each potential sub-
contractor submitting tenders for such work, have made sufficient provision for adequate and required health and
safety measures during the construction process as required by Construction Regulation 7(1)(c)(ii).

G3 SCOPE

In terms of the OHS Act and the Construction Regulations, 2014 the Employer must provide the Contractor with a
Health and Safety Specification, to which the Contractor must respond with a Health and Safety Plan for approval
by the Employer.

The purpose of this Specification is to ensure that a contractor entering into a contract with the Employer maintains
an acceptable level of compliance with regard to health and safety issues during the performance of the Contract.
In this regard the Health and Safety Specification forms an integral part of the Contract and the Contractor shall
ensure that his subcontractors and/or suppliers comply with the requirements of this Specification.

G4 INTERPRETATION

The OHS Act and its associated regulations shall have precedence in the interpretation of any ambiguity or
inconsistency between it and this Specification.

Responsibility for health and safety relating to the Works lies with the Contractor as described in this Specification.
Nothing stated in or omitted from this Specification shall in any way limit the Contractor’s obligations and liabilities
in terms of the OHS Act.

G5 GENERAL REQUIREMENTS

The Contractor shall:

a) create and maintain a safe and healthy work environment;


b) execute the Works in a manner that complies with all the requirements of the OHS Act and all its associated
regulations, and in so doing, minimize the risk of incidents occurring; and
c) respond to the instructions issued by the Engineer through the Engineer’s Representative, except in the case
of health and safety issue which requires the Contractor’s immediate attention, in which case the Employer’s
Health and Safety Agent can issue an instruction directly to the Contractor.

G6 ADMINISTRATION

G6.1 Notification of intention to commence construction work

The Contractor shall notify the Provincial Director of the Department of Labour in writing using the pro forma
contained in Annexure A of the Construction Regulations, 2014 before construction work commences, and retain a

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copy of such notification in the health and safety file, where such work:

a) involves the demolition of a structure exceeding a height of 3m;


b) involves the use of explosives to perform construction work;
c) involves the dismantling of fixed plant at a height greater than 3m;
d) exceeds 30 days or will involve more than 300 person days of construction work; and includes:

i) excavation work deeper than 1m; or


ii) working at a height greater than 3m above ground or a landing.

The Contractor shall ensure that no work commences on an electrical installation which requires a new supply or
an increase in electricity supply before the person who supplies or contracts or agrees to supply electricity to that
electrical installation has been notified of such work.

The Contractor shall ensure that no asbestos work is carried out before the Provincial Director of the Department
of Labour has been notified in writing.

G6.2 Occupational Health and Safety Agreement

The Contractor shall enter into an Agreement with the Employer before the commencement of the Works on Site.

G6.3 Good standing with the Compensation Fund or a licensed compensation insurer

The Contractor shall provide the Engineer with a letter of good standing from the Compensation Commissioner or
a licensed compensation insurer before the commencement of the Works on Site.

G6.4 Emergency procedures

The Contractor shall submit for acceptance to the Engineer a health and safety emergency procedure, which
includes but is not limited to fire, spills, accidents and exposure to hazardous substances, which:

a) identifies the key personnel who are to be notified of any emergency;


b) sets out details of available emergency services, including contact particulars; and
c) the actions or steps which are to be taken during an emergency.

The Contractor shall within 24 hours of an emergency taking place notify the Engineer in writing of the emergency
and briefly outline what happened and how it was dealt with.

G6.5 Health and safety file

The Contractor shall ensure that a Health and Safety file, which shall include all documentation required in terms
of the provisions of the OHS Act, the Construction Regulations, 2014 and this Health and Safety Specification, is
open and kept on Site at all times.

The Health and Safety file shall be made available for inspection by any inspector, subcontractor, the Employer,
the Engineer, the Employer’s Health and Safety Agent, or employee of the Contractor, upon the request of such
persons.

The Contractor shall hand over the Health and Safety file to the Engineer upon Works completion of the Contract
and, if applicable, a certificate of compliance accompanied by a test report for the electrical installation in
accordance with the provisions of the Electrical Installation Regulations, 1992.

G6.6 Inspections, formal enquires and incidents

The Contractor shall inform the Engineer:

i) beforehand of inspections, investigations or formal inquiries of which he has been notified by an inspector;
and
ii) as soon as reasonably practicable of the occurrence of an incident (as defined in the OHS Act) on the Site.

The Contractor shall record all incidents and notify the Engineer of any incident, except in the case of a traffic
accident on a public road, as soon as possible after it has occurred and report such incident to an inspector as
designated in terms of the OHS Act.

The Contractor shall investigate all incidents and issue the Engineer with copies of such investigations.

G6.7 Personal protective equipment and clothing

The Contractor is required to identify the hazards in the workplace and deal with them appropriately. He must

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either eliminate hazards or, where impracticable take steps to protect workers and make it possible for them to
work safely and without risk to health and safety under the hazardous conditions.

Personal Protective equipment (PPE) should, however, be the last resort and there should always first be an
attempt to apply engineering and other solutions to mitigate hazardous situations before the issuing of PPE is
considered.

Where it is not possible to create an absolutely safe and healthy workplace the Contractor is required to inform
employees regarding this matter and to issue, free of charge, suitable PPE to protect them from any hazards. The
contractor is to provide each employee working in excavations or manholes with gas detection equipment that has
been calibrated, maintained and regularly serviced. Proof of issue and service records of gas detectors to be placed
in the HSE file.

It is a further requirement that the Contractor maintain this PPE and that he instructs and trains the employees in
the correct use and maintenance of the PPE as required in GSR 2(5). PPE shall be fit for purpose at all times
and provide the required and intended protection.

No person shall be permitted to work on the site if the correct PPE is not used. The Contractor shall ensure that
the prescribed, required and correct PPE is used by the employees as per GSR 2(6) at all times.

Employees shall comply to OHS Act Section 14(b) and (c) and do not have the right to refuse to utilise or wear
the equipment prescribed by the employer and, if it is impossible for an employee to use or wear prescribed
protective equipment through health or any other reason, the employee may not be allowed to continue working
under the hazardous condition/s for which the equipment was prescribed.

The Contractor may not charge any fee for protective equipment prescribed by him/her but may charge for
equipment under the following conditions:

• Where the employee requests additional issue in excess of what is prescribed


• Where the employee has blatantly abused or neglected the equipment leading to early failure
• Where the employee has lost the equipment

All employees, visitors and non-employees shall, as a minimum, be required to wear the following PPE on any of
the Client’s construction sites:

• Protective overalls (employees only)


• Protective footwear
• Protective headwear
• Eye protection
• Hearing protection
• High visibility vests/jackets with the Contractor company name and employees name

Specialised PPE requirements:

 Respirators and breathing equipment when working with or when exposed to raw sewage
 Daily supply of organic filters for respirators
 Life jackets
 Face shields compatible with respirator system used
 Impermeable/water resistant overalls when exposed to raw sewage
 Fall protection equipment when working in elevated positions or in a fall risk position, such fall
prevention equipment being a full body harness and work positioning lanyard
 Rescue equipment consisting of a full body harness and rescue lanyard/rope secured at the surface
when working in fall risk position.

G7 EMPLOYER’S HEALTH AND SAFETY AGENT

The Employer’s health and Safety Agent shall

a) Audit the contractor compliance with the requirements of this Specification prior to the commencement of
any physical construction activities on the Site;
b) accept or reject all safety plans, giving reasons for rejecting such plans;
c) monitor the effective implementation of all safety plans;
d) conduct periodic and random audits on the health and safety file to establish compliance with the
requirements of the specification and the Contractor’s health and safety plan; and
e) visit the site at regular intervals to conduct site inspections, and based upon such visits issue, wherever
necessary, any notices and/or instructions to the Contractor or any of the contract subcontractors with a
copy of the Engineer and, where relevant, to the contractor

The contractor shall invite the Employer’s Health and Safety Agent to audit compliance with the requirements of

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this Specification before commencing with any new construction activity on the Site.

The Contractor shall permit the Employer’s Health and Safety Agent to audit the Contractor’s compliance with the
approved Health and Safety Plan, and shall provide any assistance and/or documentation as may be required in
this Metal and Engineering Industries Bargaining Council (MEIBC) in this regard.

G8 CREATING AND MAINTAINING A SAFE AND HEALTHY WORK ENVIRONMENT

G8.1 General

The Contractor shall carry out regular inspections and audits to ensure that the Works are being performed in
accordance with the requirements of the Specification and Contractor’s health and safety plan

G8.2 Hazard Identification and Risk Assessments

Every contractor performing construction work shall, before the commencement of any construction work or work
associated with the aforesaid construction work and during such work, cause a risk assessment to be performed
by a competent person, appointed in writing, and the risk assessment shall form part of the OH&S Plan and be
implemented and maintained as contemplated in CR7(1)(b).

Due to the nature of the Penstocks and valves process and the associated risks, each activity must define individual
tasks associated with that identified activity in a detailed method statement. These and all associated hazards must
be identified and listed in the risk assessment. This ensures that critical tasks and associated hazards are not
overlooked.

The risk assessment shall include, at least:

• The identification of the risks and hazards to which persons may be exposed
• The analysis and evaluation of the risks and hazards identified
• A documented plan of safe work procedures (SWP) to mitigate, reduce or control the risks and hazards that
have been identified
• A monitoring plan and
• A review plan to outline the frequency of normal risk assessment reviews and additionally under what
circumstances and/or occurrences risk assessments will be reviewed.
• Based on the risk assessments, the contractor must develop a set of site specific OH&S rules that will be
applied to regulate the OH&S aspects of the construction.

Review of Risk Assessments: The Principal contractor and sub-contractors are to review the hazards identified,
risk assessments and safe work procedures (SWP) each time an incident occurs and/or changes are made to
designs, drawings and construction methods and processes.

G8.3 Health and safety plans

The Contractor shall prior to commencing the Works to which this Specification applies, submit to the Employer’s
Health and Safety Agent for approval a suitable and sufficiently documented health and safety plan, based on this
Specification and the risk assessment that is conducted.

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

a) The safety management structure, including the names of all designated persons such as the construction
supervisor and any other competent persons;
b) Safety method statements and procedures to be adopted to ensure compliance with the OHS Act;
Construction Regulations, 2014 and this Health and Safety Specification;
c) The provision and use of temporary services;
d) Personal protective equipment, devices and clothing required;
e) Emergency procedures;
f) Provision of workers’ welfare facilities;
g) Induction and training;
h) Arrangements for monitoring and control to ensure compliance with the safety plan; and
i) Provision and maintenance of the health and safety file and all other relevant documentation.

The Contractor shall provide each subcontractor with the sections of this Health and Safety Specification pertaining
to the construction work to be performed by that subcontractor. The subcontractor shall provide the Contractor with
a health and safety plan pertaining to his work, for incorporation into the Contractor’s health and safety plan.

The contractor shall discuss the submitted health and safety plan with the Employer’s Health and Safety Agent,

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modify such plan in the light of the discussions and resubmit the modified plan for approval.

The Contractor shall apply the approved health and safety plan from the date of its approval and for the duration of
the Works to which this Specification applies.

The Contractor shall conduct periodic audits for compliance with the approved health and safety plan at intervals
agreed upon with the Employer’s health and Safety Agent, but at least once every month.

The Contractor shall update the health and safety plan whenever changes to the Works are brought about.

G8.4 Subcontractors

The Contractor may only subcontract work in terms of a written subcontract and shall only appoint a subcontractor
should he be reasonably satisfied that such a subcontractor has the necessary competencies and resources to
safely perform the work falling within the scope of the subcontract.

The Contractor shall ensure that all of his obligations in respect of subcontractors in terms of the Construction
Regulations, 2014 are adhered to.

G8.5 Work permits and wayleaves

The Contractor shall be responsible for obtaining all the wayleaves, permissions or permits applicable to working
near any existing services or other infrastructure on Site, and shall abide by the safety conditions imposed by such
wayleaves, permissions or permits.

G8.6 Access to the Site

The Contractor shall ensure that access to the Site is strictly controlled and that, where possible, only authorised
persons are permitted onto the Site.

The Contractor shall control the access to Site of his own personnel and equipment, and that of his subcontractors
and suppliers, in such a way so as to ensure that the safety of all public pedestrian and vehicular traffic is not
compromised.

G8.7 Existing Site Conditions

Hazards particular to this project by virtue of location: The specific hazards to be addressed by the
Principal Contractor/s are the interface between construction vehicles and public road users, including pedestrians.

The Contractor is to be aware of the potential for high risk periods which exists at the beginning and end of each
work day. The Principal Contractor/s is to make adequate provision for access control, traffic management
including the interface between construction vehicles and public vehicles and the protection of pedestrians. All
aspects for potential public liability are to be adequately addressed.
Overhead, above ground and underground services crossing the site:
Overhead: As identified by Contractor
Electrical cables: As identified by Contractor
Water mains: As identified by Contractor
Telecommunications: As identified by Contractor
Underground: Existing infrastructure as identified by Contractor
Ground level: As identified by the Contractor
Service drawings available: Provided by the Project Manager if available.
Way leaves required: Responsibility of the Contractor
Permits required: Responsibility of the Contractor (Contractor to sign before commencing with work).
Isolations required: As identified by the Contractor.
Existing ground conditions: The ground conditions within the package work area is known to be tarred road with
close proximity to residential areas.

G8.8 First aid and emergency procedures

The Contractor shall, where more than five employees are employed at a workplace, provide a first aid box or boxes
at or near the workplace, which shall be available and accessible for the treatment of injured persons at that
workplace. Such first aid boxes shall contain suitable first aid equipment.

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The Contractor shall ensure, where there are more than 10 employees employed on the Site, that at least one
person is readily available during normal working hours who is in possession of a valid certificate of competency in
first aid.

G8.9 Accident and Incident Recording, Reporting and Investigation:

Accident and Incident Recording: The Principal Contractor shall open and maintain an Accident and Incident
Register for the duration of the project, which register shall record all accidents and incidents resulting in lost time
injuries, injuries requiring medical treatment and injuries requiring first aid treatment.

This register shall be structured to identify accident and incident trends by recording the type and location of injury
and the cause of injury.

Accident and Incident Reporting: Referencing Section 24 of the OHS Act and General Administrative Regulation
8, the contractor must report all incidents where an employee is injured on duty to the extent that he/she:

• Dies
• Becomes unconscious
• Loses a limb or part of a limb
• Is injured or becomes ill to such a degree that he/she is likely either to die or to suffer a permanent physical
defect or likely to be unable for a period of at least 14 days either to work or continue with the activity for
which he/she is employed
• OR WHERE
• A major incident occurred
• The health of safety of any person was endangered
• Where a dangerous substance was spilled
• The uncontrolled release of any substance under pressure took place
• Machinery or any part of machinery fractured, or failed resulting in flying, falling or uncontrolled moving
object
• Machinery ran out of control

Where any of the abovementioned reportable incidents has occurred, the Contractor shall report to the Client, The
Clients H&S Agent and the Provincial Director of the Department of Labour immediately by telephone, fax or email.
The Contractor is required to provide the Client and The Clients H&S Agent with copies of all statutory reports
required in terms of the OHS Act within 7 days of the incident occurring.

The Contractor is required to provide the Client and The Clients H&S Agent with copies of ALL internal and
external accident/incident investigation reports including the reports contemplated above and below, within 7 days
of the incident occurring.

Accident and Incident Investigation: Referencing General Administrative Regulation 9, the Contractor is
responsible for the investigation of all accidents/incidents where employees and non-employees are injured to the
extent that they have to be referred for medical treatment by a doctor, hospital or clinic. Results of such
investigations are to be entered into the Accident/Incident register mentioned above.

The contractor is responsible for the investigation of all major and non-injury incidents as described in Section
24(1)(b), (c) of the OHS Act and keeping a record of the results of such investigations including the steps taken to
prevent similar accidents in future.

The Contractor in conjunction with the Site Manager is responsible for the investigation of all construction related
road traffic accidents and keeping a record of the results of such investigations including the steps taken to prevent
similar accidents in future.

The Client and The Clients H&S Agent, reserve the right to hold its own investigation into any incident or to call
for an independent external investigation as deemed necessary. All minor incidents and accidents are to be reported
on a weekly basis to The Clients H&S Agent.

G8.10 Fire precautions

The Contractor shall ensure that all appropriate measures are taken to minimise the risk of fire and that appropriate
procedures and equipment are in place to deal with the event of a fire, all in accordance with Construction
Regulation 29.

Sufficient and suitable storage is provided for flammable liquids, solids and gases. Smoking is prohibited.

All “Hot Work” is to be done under permit conditions.

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G8.11 Alcohol and Other Drugs (GSR 2A):

Referencing General Safety Regulation 2A, Contractors shall develop a Drug and Alcohol Policy and communicate
such policy to their employees and sub-contractors, proof of such policy and communication to be retained in the
health and safety file.

No alcohol and drugs will be allowed on site. No person may be under the influence of alcohol or any drug or have
in his/her possession any alcohol or drug while on the construction site. Any person appearing to be under the
influence of alcohol, or any drug shall not be permitted to remain on site or be granted entry onto the site.

Any person on prescription medication must inform his/her superior, who shall in turn report this to the Principal
Contractor forthwith. Any person suffering from any illness/condition requiring medication that may have a negative
effect on his/her/anyone else’s health or safety performance must report this to his/her superior.

Any person suspected of being under the influence of alcohol or other drugs shall be removed from site and sent
home immediately.

G8.12 Portable Electrical Tools and Equipment

Portable electrical tools and equipment includes every unit that draws electrical power and is moved around for use
in the workplace i.e. drills, saws, grinders, portable lights, etc. and the Contractor shall comply with the requirements
and provisions of Electrical Machinery Regulation 10 for the standards, maintenance and inspection of portable
electrical tools and equipment.

Extension cords are deemed to be portable electrical equipment and must be inspected and maintained to the same
standards as portable electrical tools. The use of non-sparking hand tools and portable electrical tools is to be
enforced and precautionary measures taken to prevent a static electricity build up.

Portable electric lights when used as an additional source of light in work areas with inadequate natural light, shall
be constructed, insulated, safeguarded and used in compliance to Electrical Machinery Regulation 11. The
contractor is to ensure that wherever work is performed where the lighting conditions are less than the minimum
requirement as defined in Environmental Regulation 3 and relative schedules, that this is supplemented with
additional lighting capacity to ensure that all works contemplated can be conducted safely.

The Principal Contractor and any sub-contractor shall not undertake any night work without written permission from
the Client or its Principal Agent is to be notified in all instances when night work occurs. The principal contractor
shall ensure that adequate lighting is provided for all night work and failure to do so shall result in the work being
stopped.

G9 WORKING AT HEIGHTS SPECIFIC REQUIREMENTS

Medical certificate of fitness

In terms of the Construction Regulations personnel working at height shall be physically and psychologically fit to
work safely in such an environment and shall be in possession of a valid medical certificate of fitness (valid for 1
year since date of issue) issued by an occupational health practitioner who shall be registered with the Health
Professions council of south Africa.

Scaffolding

Scaffolding shall comply with the requirements of SANS 10085-1:2004

Competent persons to be appointed in writing to:

 Erect scaffolding (scaffolds erector/s)


 Act as scaffold team leader/s
 Inspect scaffolding immediately after erection and thereafter weekly and after inclement weather, as applicable
by scaffold inspector/s). Every scaffold erected must be registered and the results of each inspection must be
recorded in writing and kept in the job specific Health and Safety file.

Scaffolders must adopt a safe system of work when erecting scaffolding and must wear fall arrest equipment during
erection/dismantling of scaffolding.

Every scaffold shall be erected by a competent scaffolding erector and on completion thereof a competent
scaffolding inspector shall provide written certification that such scaffolding is safe for use.

Consideration must be given to trip hazards on the walkways.

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Safe means of access must be provided by way of secured vertical ladders or ladders placed at a suitable angle
for easy use. All ladders must be tied. The working platforms must provide a handhold for getting on or off access
ladders etc.

Strict control measures must be put in place to prevent unauthorised alterations to scaffolding such as removing
ties and scaffold boards, toe boards etc. Changes should only be made when properly assessed, planned and
undertaken by competent person.

After heavy rains or strong winds an inspection of all external scaffolding must be done and written certification
must be obtained from a scaffolding inspector that the scaffolding is safe to use prior to re-commissioning.
All scaffolding shall otherwise be inspected every day before commencement of work by the user and at least once
a week by a scaffolding inspector and written certification must be obtained from such inspector that the scaffolding
is safe to use.
All scaffolding certificates, of whatever nature, shall be filed in the relevant Health and Safety File to be kept on site.

Scaffolding to be under the control of the scaffold competent person and all safety signage and safety PPE as
required in terms of the SANS document shall be provided and used.

The Contractor shall note the following additional requirements:

Please find attached typical installation diagrams for tubular steel mobile tower scaffolding as contained within
SANS 10085-1:2004.

These are to be considered as minimum standards expected from the Contractor on a Council site and will be
enforced at all times. All similar type of scaffolding used on site must contain all elements as indicated on the
diagrams.

Notwithstanding the requirements for industry trained scaffold erector/s, scaffold team leader/s, scaffold inspector/s
in all aspects of all types of scaffolding as used generally in the construction industry as intended in the SANS
document, it is understood that for minor works, where the scaffolding height does not exceed 6m this requirement
is deemed impractical, however, the competent persons (scaffold erector/s, scaffold team leader/s, scaffold
inspector/s) must at minimum erect/dismantle scaffolding in accordance to the manufacturer’s instructions and must
have received some scaffold training by a competent trainer for the specific type of scaffolding being used for a
duration of at least one half to 1 full day and declared competent to perform such duty(s).

Where scaffolding is hired out Contractor’s must insist on obtaining detail instruction manuals for the safe
erection/dismantling of scaffolding of the type concerned and similarly the competent person must have received
some type of scaffold training by competent trainers for that specific type of scaffolding being used.

Written proof of Competency of above appointees to be submitted as part of tender submission.

All scaffold training shall be accredited by Department of Labour, SAQA or SETA.

Ladders and ladder Work

Ladders are legal and not banned for work at height. Ladders may be used as a workplace, within stipulated
limitations, when it is not reasonably practical to use other potentially safer means and the risk assessment shows
that the risks are low.

Ladders are best used as a means of access to or egress from a work place and may be used as a work place for
short duration light work as detailed below.

Ladders should only be used as a work place for short duration (maximum 30 minutes per task), light work (up to
10 kg) only and where

 the work only requires one hand to be used the work


 can be reached without stretching the ladder can be fixed or
 footed to prevent slipping a good handhold is available.

Ladders to be checked daily for damage etc. by user before use (i.e. pre-use check prior to setting up the ladder to
quickly establish whether the ladder is safe to use there and then); recheck if it has been unattended (a pre-use
check is a visual and functional check which might include, for example, stiles that are warped, cracked, bent, rotten
or of different lengths or rungs that are missing, worn or loose or feet that are in a bad state of repair or dirty etc or
paint or dirt on the ladder hiding defects or rivets or screws that are missing or welds that are cracked or corroded,
etc.)

The Contractors shall ensure that all ladders are inspected (more in depth than pre-use checks) monthly by

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appointed competent ladder inspectors, are in good safe working order, are of the correct height for the task,
extended at least 1m above the landing, fastened and secured or at minimum held, and at a safe angle (one in four
rule). Records of inspections must be available on request.

Wherever possible tie a ladder (by its stiles) to prevent it from slipping, either at the top, the bottom or both.

Ladders should be fitted with safety feet to prevent slipping feet to be in good repair (not loose, missing, splitting,
excessively worn, secure etc.), clean and in good contact with the ground (ground to be level, firm and clean).

Ladders should be set correctly, (angle of inclination), to ensure that it cannot topple over.

Access ladders should extend about 1 metre above the working platform providing a handhold for getting on or off.

Don’t rest ladder against weak uppers surfaces (e.g. glazing, gutters etc.); use effective spreader bars or effective
stand-offs Avoid side-on work.

Do not overreach and do not work off the top three rungs (leaning ladder) or top two steps (stepladder).

When working from a ladder, try and maintain three points of contact (e.g. both feet and one hand). Wearing of
safety belt and fall protection equipment is recommended.

Users should face the ladder at all times whilst climbing or dismounting.

Only one person to work from a ladder.

All tools and equipment should be hauled up or lowered by rope or other means in a safe manner. No tools to be
left on top of ladders. Heavy or bulky loads should not be carried up or down ladders a gin wheel or other suitable
lifting equipment should be used.

Ladders should be kept clean and free from greasy and oily deposits.

Ladder inspection training shall be accredited by Department of Labour, SAQA or SETA

Fall protection

A contractor must-
(a) Designate a competent person to be responsible for the preparation of a fall protection plan;
(b) Ensure that the fall protection plan contemplated in paragraph (a) is implemented, amended where and
when necessary and maintained as required; and (c) Take steps to ensure continued adherence to the fall
protection plan.

A contractor must ensure that-


(a) All unprotected openings in floors, edges, slabs, hatchways and stairways are adequately guarded, fenced
or barricaded or that similar means are used to safeguard any person from falling through such openings;
(b) No person is required to work in a fall risk position, unless such work is performed safely as contemplated
in subregulation (2);

Where roof work is being performed on a construction site, the contractor must ensure that; in addition to the
requirements set out in subregulations (2) and (4), it is indicated in the fall protection plan that-
(a) The roof work has been properly planned;
(b) The roof erectors are competent to carry out the work;
(c) No employee is permitted to work on roofs during inclement weather conditions or is any conditions are
hazardous to the health and safety of the employee;
(d) All covers to openings and fragile material are of sufficient strength to withstand any imposed loads;
(e) Suitable and sufficient platforms, coverings or other similar means of support have been provided to be
used in such a way that the weight of any person passing across or working on or from fragile material is
supported; and
(f) Suitable and sufficient guard-rails, barriers and toe-boards or other similar means of protection prevent, as
far as is reasonably practicable, the fall of any person, material or equipment.
(g) When working on the roof all staff shall be attached to a “life line” by means of harness fitted with fall
protection, which has been securely anchored at both ends.

Hired plan and machinery (including “cherry Packer” [elevated moving platforms])

All contractors shall ensure that any hired plant and machinery used on site is safe to use and complies in all
respects with the OHS Act.

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All contractors shall ensure that operators hired with machinery are competent and licenced (where applicable) and
that certificates are kept on site.

All contractors shall ensure that their employees working with/operating hired plant and machinery shall receive
suitable training.

Confined space

In confined spaces and other places in which flammable gases, vapours or dust can cause danger-
(i) Only suitably protected electrical installations and equipment, including portable lights, are used; (usually
12/24V) equipment);
(ii) There are no flames or similar means of ignition;
(iii) There are conspicuous notices prohibiting smoking;
(iv) Oily rags, waste and other substances liable to ignite are without delay removed to a safe place; and
(v) Adequate ventilation is provided;
(vi) Gas monitoring is done on a regular basis as part of permit conditions

G10 HIGH PRESSURE WATER BLAST CLEANING

Safety Precautions

The pump shall be equipped with one or two pressure gauges, to indicate the pressure being developed. The
equipment should not be used if the pressure gauges are defective.

The hose, as well as all pipes and fittings must be designed to withstand the maximum operating pressure of the
pump with a safety factor of at least four.

When laying hose, handle it with care, avoiding sharp bends. Support the hose by suitable means when above
ground level. Hoses must not be left where they can be driven over and damaged.

Defective hoses and fittings shall never be used.

Particular attention shall be given to the fittings due to the possibility of thread wear and damage caused by
wrenches. Daily inspections shall be carried out by the contractors foreman to check for damaged hoses etc.

The high-pressure water hoses shall be marked with the maximum permissible operating and test pressures.

The fail-safe valve, which is also frequency called a "dump valve" or "deadman control" shall be attached to the
lance and shall be under the control of the operator. This valve is designed so that the high-pressure stream is
actuated by a squeeze action of the hand. When the handle is released, water is diverted from the high velocity
nozzle to a large reservoir, which then drops the pressure immediately to a safe level. Generally it is preferable if
only the operator handling the lance, controls this fail-safe valve.

A workman shall never be allowed to use high pressure cleaning equipment unless he is aware of the hazards
involved. He shall be trained in the safe operation of the equipment, be supplied with all the protective equipment
and clothing required and know correct shutdown procedure in the event of any malfunction. He must be a
registered operator who has stated in writing that he understands the operating procedures, safety procedures and
hazards.

Eye and face protection, preferably a full face shield, safety hat, rain suit, heavy PVC apron, rubber boots with steel
toes, waterproof gloves, and ear protection and any other equipment deemed necessary must be worn at all times
when operating the equipment.

The pumps, drivers and the water action generate high noise levels. The severity will be determined by such factors
as water pressure, area enclosure and location of the cleaning area. The maximum level normally acceptable is 85
dB for persons working Without ear protection. Ear protection shall be worn at all times by the operator and any
persons in the vicinity.

One person shall be assigned to operate the pump unit and be trained in all aspects of machine operation. It is
essential that he/she is fully aware of the importance of not allowing himself/herself to be distracted since he is in
a position to serve as the safety observer for the operation.

Each workman involved in the operation - pump operator, lance operator and helper - shall work as a team and be
capable of carrying out all tasks.

The lance develops high velocities at the nozzle tip. Therefore the operator shall be instructed never to direct the
lance toward himself or other person. He and the contract supervisor must understand that "horseplay" could have

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very serious consequences and can result in immediate dismissal.

Only clean water shall be used at all times.

If raw water is used which contain high residuals of nitrogen and ammonia gases, break, "break point" chlorination
can occur and free chlorine is sometimes liberated. Under these conditions, (of high residuals) the operator shall
be especially alert to any evidence of chlorine liberation.

Respirators for the operators and a ventilation system for the general area shall also be provided if deemed
necessary due to enclosed or confined work area.

Barricades and warning signs shall be placed at least 10 meters from the cleaning operation to keep-involved
personnel out of the area.

No portion of the human body shall ever be placed in front of the Jet, because no satisfactory protective clothing
has yet been developed to protect personnel from high-pressure water jets.

Supervisors and operators shall be alert for conditions which could present special hazards, such as:

- Possible water contact with electrical equipment


- Rubber clothing which has become torn
- Pollution caused by chemical or oily wastes

It is recommended that the following tests be made before resuming each job:

- Run the pump without the lance to completely wash out the hose
- Use a tip cleaner on each orifice and make sure it is open, then measure each opening to make sure it is
the correct size. If nozzles are eroded to a larger size the lanceman may not be able to adequately control
the lance due to the reaction force.

Due to the extremely dangerous nature of hydro blasting the safest approach to every task shall be adopted at all
times.

Flexible lances shall only be allowed if no other safer alternative is available and approval has been obtained prior
to each application.

Approval to use flexible lances shall only be granted subject to the submittal by the contractors of

a) Additional safety precautions.


b) Proof of all operators been informed of the dangers regarding the specific task.
c) No other safer alternative available.

Back flow arrestors shall be used every time flexible lances are allowed to be used.

All personnel involved in hydro blasting shall be informed of the possibility of blow back and the corresponding
potential danger involved prior to any cleaning exercise.

Process equipment shall be dismantled to the safest state possible for HP cleaning.

The contractor has the right to refuse performing a specific task if their competent person in charge finds:

a) The safety conditions or precautions taken are in sufficient.


b) Process equipment to be unsafe or insufficiently dismantled.
c) Task too dangerous to perform.

Maintenance

Repairs or splicing of defective high-pressure hoses shall only be performed by the hose manufacturer or an
authorised service specialising in this work.

The contractor shall provide proof that all relief valves have been checked regularly for conformity to the settings
established. Pressure gauges should also be calibrated regularly. (For this application a calibration frequency of
100 hours is probably necessary).

Due to static build up during cleaning operations, the component parts of the units shall be earthed. Diesel and
petrol-driven pumps shall be earthed during refuelling operations. The earthing system shall be checked regularly.

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When internal combustible engine pumps are located inside a building, the exhaust should be discharged outside
the building to prevent combustion vapours from entering the work areas.

An internal combustion engine operated pump may not be utilised without granting of a suitable hot work permit in
Production areas.

G11 LIFTING OPERATIONS

Referencing Construction Regulation 23, Construction Regulation 27, Driven Machinery Regulation 18 and SANS
12480-1, lifting equipment must be designed and constructed in accordance with generally accepted technical
standards and operated, used, inspected and maintained in accordance with the requirements of the Driven
Machinery Regulation.

The requirements of Construction Regulation 22 and Driven Machinery Regulation 18 are to be stringently
applied and maintained in respect of all lifting tackle and lifting operations.

In addition to the required legal appointment of operators, supervisors and inspectors in respect of lifting
machines, appointments shall also be made for Slingers and Banksmen/Signallers, with the required proof of
competency and experience.

Furthermore, all training providers in respect of operators of lifting machines are required to be accredited by the
Transport Seta as contained in notice R.910 of 2015 (G.G. 39252 of 02/10/2015). Proof of such accreditation by
the Transport Seta is to be attached to any certification issued by such training provider.

Evacuation procedures, risk assessments, safe working procedures and lifting plans are to be developed and
communicated to all relevant persons involved in the operation of lifting machinery. Documented proof of such
communication is to be kept in the site safety file.

Documented proof of lifting machinery services and maintenance are required. The last major service record is to
be present in the safety file. The lifting machinery log book and all other legal documentation is to be available for
inspection and audit.

The Principal Contractor shall be responsible for ensuring that the necessary inspections and performance tests
by a competent registered LMI as outlined in the Driven Machinery Regulations for lifting equipment and lifting
tackle are conducted, and documented proof of such inspections and performance tests retained in the health
and safety file.

 DMR 18(5): Annual inspection and performance test of the whole installation and all working parts;
 DMR 18(6): Ropes, chains, hooks or other attaching devices, sheaves, brakes and safety devices at
intervals not exceeding six (6) months;
 DMR 18(10) (e): Lifting tackle at intervals not exceeding three (3) months.

All lifting operations are to have a clearly defined and demarcated safe operating area below the lifting area, with
warning signage strategically placed and a watcher/spotter shall be deployed to prevent unauthorised access
to the lifting operations area.

Where the lifting arc shall cause loads to be moved above public roadways and pedestrian walkways and
thoroughfares, such areas shall have barricading erected to prevent persons from passing below suspended loads
and to adequately protect pedestrians from any potential falling load.

Worn and damaged steel wire ropes, slings and lifting tackle must be discarded (not used any further for lifting
purposes, regardless of the load) when excessive wear and corrosion is evident. Furthermore, under normal
operating conditions the ropes must be examined by a competent person every three months for this purpose
and the results recorded.

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SECTION H ENVIRONMENTAL MANAGEMENT SPECIFICTATION FOR MECHANICAL AND ELECTRICAL
MAINTENANCE CONTRACTS

For use with the General Conditions of Contract for Plant Maintenance for Electrical and Mechanical Works.

H1 SCOPE

The Environmental Management Programme (EMP) for the project is comprised of this Environmental
Management (EM) Specification and its Annexures, which together cover the requirements for controlling the
impact on the environment of maintenance activities.

H2 INTERPRETATIONS

H2.1 Supporting specifications

The following standardised specification shall, inter alia, apply to this Contract:

a) SANS 1200A, as may be varied or added to in the Scope of Work


b) Environmental Strategy for the City of Cape Town (POLICY NUMBER 46612)

H2.2 Application

This EM Specification contains clauses that are generally applicable to the undertaking of maintenance works in
areas where it is necessary to impose pro-active controls on the extent to which the maintenance activities impact
on the environment.

In the event of any difference or discrepancy between the provisions of the Standardised Specifications and the
provisions of the EM Specification, the latter shall prevail.

H2.3 Definitions and abbreviations

For the purposes of this EM Specification the following definitions and abbreviations shall apply:

H2.3.1 Environment

The surroundings within which humans exist and that are made up of –
i the land, water and atmosphere of the earth;
ii micro-organisms, plant and animal life;
iii any part or combination of i) and ii) and the interrelationships among and between them; and
iv the physical, chemical, aesthetic and cultural properties and conditions of the foregoing that influence
human health and well-being.

H2.3.2 Potentially hazardous substance

A substance which, in the reasonable opinion of the Employer, can have a deleterious effect on the environment.

H2.3.3 Method Statement

A written submission by the Contractor to the Employer in response to the EM Specification or a request by the
Employer, setting out the plant, materials, labour and method the Contractor proposes using to carry out an
activity, in such detail that the Employer is enabled to assess whether the Contractor's proposal is in accordance
with the Scope of Work and/or will produce results in accordance with the EM Specification.

H2.3.4 Reasonable

Unless the context indicates otherwise, means reasonable in the opinion of the Employer after he has consulted
with a person suitably experienced in "environmental implementation plans" and "environmental management
plans" (both as defined in the National Environmental Management Act, 107 of 1998).

H2.3.5 Solid waste

All solid waste, including maintenance debris, chemical waste, excess cement/ concrete, wrapping materials,
timber, tins and cans, drums, wire, nails, domestic waste, dead vegetation, asphalt products, sewage, sewage
debris, etc.

H2.3.6 Contaminated water

Water contaminated by the Contractor's activities containing cements, concrete, lime, paint products, thinners,

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turpentine, chemicals, fuels, oils washing detergents, sewage, etc.

H2.3.7 Working area

Any area within the boundaries of the Site where maintenance is taking place.

H2.3.8 Contractor’s camp


(Not Applicable to maintenance tenders)
The area designated for all temporary site offices, storage areas, maintenance plant parking areas, staff welfare
facilities, etc.

H2.3.9 Employer’s Representative (ER)

The person so named in the Contract Data, whose function is to administer the Contract as representative of the
Employer.

The natural person appointed by the Employer in terms of the Contract, who shall observe the execution of the
Works, examine and test materials and workmanship, and deliver and receive communications to/from the
Contractor.

H2.3.10 Environmental Officer (EO)

Appointed by the Employer as his environmental representative on Site, with the mandate to enforce compliance
with the EMP. The duties of the EO are stipulated in the City’s guideline document for the EO and ER.

H2.3.11 Environmental Control Officer (ECO)

An independent appointment to objectively monitor implementation of relevant environmental legislation,


conditions of Environmental Authorisations (EAs), and the EMP for the project.

H2.3.12 Environmental Site Officer (ESO)

Employed by the Contractor as his environmental representative to monitor, review and verify compliance with the
EMP by the Contractor. The ESO must ensure that he is involved at all phases of the maintenance (from site
clearance to rehabilitation).

H2.3.13 Abbreviations

The following abbreviations occur in this EM Specification:

EMP - Environmental Management Programme


EM Specification – Environmental Management Specification
EO - Environmental Officer
ECO – Environmental Control Officer
ESO – Environmental Site Officer
ER – Employer’s Representative
MSDS - Material Safety Data Sheets

H2.4 Employer’s authority to delegate

The Employer may assign duties and delegate authority to assistants who may include a Employer’s
Representative. Other than the ER, another assistant to the Employer can be in the form of an Environmental
Officer (EO), who shall be responsible for monitoring compliance with the EMP. All instructions given by the EO
shall go through the ER, who will then convey these to the Contractor, except in the case of an environmental
emergency, in which case the EO can issue an instruction directly to the Contractor. An environmental
emergency is one which, in the opinion of the EO, would cause serious environmental harm if not addressed
immediately.

Depending on the nature/environmental sensitivity of the Contract the following variations in the organisational
structure are possible:

a) The ER may work together with an EO; or


b) There may be an ER only (for maintenance projects with low potential for causing significant environmental
impacts). In this case the ER has responsibility for the EO’s functions.
c) There may be an independently appointed Environmental Control Officer (ECO) who will fulfil essentially the
same functions as the EO. The ECO may work with just the ER (if there is no EO) or may work with both the ER
and EO.

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H3 MATERIALS

H3.1 Materials handling, use and storage

The Contractor shall ensure that any delivery drivers are informed of all procedures and restrictions (including "no
go" areas) required to comply with the EM Specification. The Contractor shall ensure that these delivery drivers
are supervised during offloading by someone with an adequate understanding of the requirements of the EM
Specification.

Materials shall be appropriately secured to ensure safe passage between destinations. Loads, including but not
limited to, sand, stone chip, fine vegetation, refuse, paper and cement, shall have appropriate cover to prevent
them spilling from the vehicle during transit. The Contractor shall be responsible for any clean-up resulting from
the failure by his employees or suppliers to properly secure transported materials.

All manufactured and or imported materials shall be stored on an agreed location. The method of rehabilitation of
these areas, shall be subject to the Employer’s approval.

Stockpile areas shall be approved by the Employer before any stockpiling commences.

H3.2 Hazardous substances

Hazardous chemical substances (as defined in the Regulations for Hazardous Chemical Substances in GN 1179
(25 August 1995)) stored on Site for use during maintenance shall be stored in secondary containers which are
clearly and appropriately marked/signed. The relevant Material Safety Data Sheets (MSDS) shall be available on
Site. Procedures detailed in the MSDSes shall be followed in the event of an emergency situation.

If potentially hazardous substances are to be stored on Site, the Contractor shall inform the Employer of such
substances and provide a Method Statement detailing the substances/ materials to be used, together with the
storage, handling and disposal procedures of the materials. Hazardous substances shall be stored out of flood
risk areas and disposal of these substances shall be at a licensed waste disposal facility.

H4 PLANT (referring to “Contractor’s Equipment” as defined in the General Condition of Contract, and the
Contractor’s facilities as used in SANS 1200A)

H4.1 Fuel (petrol and diesel) and oil

H4.1.1 Mobile Fuel bowser

If mobile fuel and oil bowser is required on Site, then the Contractor shall submit a Method Statement covering
the procedures for dealing with accidental hydrocarbon spillage and leaks, and detailing how these liquids will be
stored, handled and disposed of. The Employer shall approve the location of all refuelling areas. Symbolic safety
signs depicting “No Smoking”, “No Naked Lights” and “Danger” conforming to the requirement of SANS 1186
are to be prominently displayed in and around the refuelling area. There shall be adequate fire-fighting equipment
at the refuelling area.

The Contractor shall ensure that all liquid fuels and oils are stored in tanks with lids, which are kept firmly shut
and adequately secured. The capacity of the tank shall be clearly displayed and the product contained within the
tank clearly identified using the emergency information system detailed in SANS 0232 part 1. Fuel bowser shall
have a capacity not exceeding 1000 litres and shall be kept on site only for as long as fuel is needed for
maintenance activities, on completion of which they shall be removed.

Only empty and externally clean tanks may be stored on the bare ground. Empty and externally dirty tanks shall
be sealed and stored on an area where the ground has been protected.

Adequate precautions shall be provided to prevent spillage during the filling of any tank and during the dispensing
of the contents. If fuel is dispensed from 200 litre drums, the proper dispensing equipment shall be used, and the
drum shall not be tipped in order to dispense fuel. The dispensing mechanism for the fuel storage tanks shall be
stored in a waterproof container when not in use.

H4.1.2 Refuelling

Refuelling of plant and equipment shall be done only on approved by the Employer. The surface under the
temporary refuelling area shall be protected against pollution to the reasonable satisfaction of the Employer prior
to any refuelling activities. The Contractor shall ensure that there is always a supply of absorbent material (e.g.
Spill Sorb or Enretech #1 powder or equivalent) readily available that is designed to absorb, break down and
encapsulate minor hydrocarbon spillage. The quantity of such material shall be able to handle a minimum of 200
litres of hydrocarbon liquid spill.

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H4.1.3 Treatment and remediation

Treatment and remediation of hydrocarbon spill and leak areas shall be undertaken to the satisfaction of the
Employer. In the event of a hydrocarbon spill the source of the spillage shall be isolated and the spillage
contained.

H4.2 Ablution and toilet facilities

Washing, whether of the person or of personal effects, defecating and urinating are strictly prohibited other than at
the facilities provided.

Temporary toilets are not forseen to be required for maintenance contracts. If temporary toilets are required the
following rules shall apply

Toilet facilities provided by the Contractor shall occur at a maximum rate of 1 toilet per 30 workers (1:15 is
preferred). Toilet facilities shall be located within the Contractor’s camp, but also at work areas remote from the
camp, all to the satisfaction of the Employer. All portable toilets shall be adequately secured to the ground to
prevent them toppling over as a result of wind or any other cause.

The Contractor shall ensure that the entrances to these toilets are adequately screened from view, that they are
maintained in a hygienic state, serviced regularly, that no spillage occurs when they are cleaned and that contents
are removed from Site. Toilets shall also be emptied before any temporary site closure for a period exceeding
one week. Discharge of waste from toilets into the environment and burial of waste is strictly prohibited. The
Contractor shall provide toilet paper at all times.

No ablution facilities shall be located closer than 50m to any water body

A Method Statement shall be provided by the Contractor detailing the provision, location, and maintenance of
ablution facilities.

H4.3 Eating areas

The Contractor shall designate eating areas. The feeding of, or leaving of food for, animals is strictly
prohibited. Sufficient bins, as specified in Clause H4.4 below, shall be present in these areas.

H4.4 Solid waste management

H4.4.1 Litter and refuse

The site shall be kept neat and clean at all times, littering is prohibited.

No on-site burying or dumping of any waste materials, vegetation, litter or refuse shall occur. The
Contractor shall provide scavenger and weatherproof bins with lids, of sufficient number and capacity to
store the solid waste produced on a daily basis. The lids shall be kept firmly on the bins at all times. Bins
shall not be allowed to become overfull and shall be emptied regularly, at least once a week. Waste from
bins may be temporarily stored on Site in a central waste area that is weatherproof and scavenger-proof,
and which the Employer has approved. Wherever possible refuse shall be recycled, and containers for
glass, paper, metals and plastics shall be used and the contents delivered to suitable recycling facilities
when necessary.

All other litter and refuse shall be disposed of off Site at an approved landfill site. The Contractor shall
supply the Employer with a certificate of disposal.

H4.4.2 Maintenance waste

Where possible all maintenance waste or spoil material shall be recycled, either on Site or elsewhere.
As a last resort all maintenance waste shall be disposed of off Site at an approved landfill site. The
Contractor shall supply the Employer with a certificate of disposal.

H4.5 Contaminated water management

Potential pollutants of any kind and in any form shall be kept, stored, and used in such a manner that
any spill or escape can be contained and the water table and/or any adjacent water courses or bodies
are not endangered. Spill kits which can be used to contain and/or mop up spills shall be available.
Water containing such pollutants as cements, concrete, lime, chemicals, oils and fuels shall be
discharged into a conservancy tank for removal from the Site to a licensed disposal facility. This
particularly applies to water emanating from concrete batching plants and to runoff from fuel storage,
refuelling or maintenance equipment washing areas. Wash down areas shall be done in such a manner
so as to ensure that the surrounding areas are not polluted.

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No paint products, chemical additives and cleaners, such as thinners and turpentine, may be disposed
of into the stormwater system or elsewhere on Site. Brush/roller wash facilities shall be established to
the satisfaction of the Employer.

A Method Statement shall be provided by the Contractor detailing the management of contaminated
water.

Should contaminated water be released into the environment, specifically into a water course,
monitoring thereof shall commence in accordance to the National Water Act, 36 of 1998, Section 21(f) –
refer to GN 399 (26 March 2004). Contaminated water must not be released into the environment
without authorisation from the relevant authority.

The Contractor shall notify the Employer immediately of any pollution incidents on Site and, at his own
cost, take all reasonable measures to contain and minimise the effects of the pollution.

Any rehabilitation of the environment required as a result of such pollution shall be carried out by the
Contractor at his own cost in accordance with a Method Statement approved by the Employer.

H4.6 Site structures


(Not applicable to maintenance contracts)
The type and colour of roofing and cladding materials to the Contractor's temporary structures shall be
selected to reduce the visual impact.

H4.7 Lights

The Contractor shall ensure that any lighting installed on the Site for his activities does not cause a
reasonably avoidable disturbance to other users of the surrounding area.

Lighting installed shall, as far as practically possible, be energy efficient. Lighting utilised on Site shall be
turned off when not in use.

H4.8 Workshop, equipment maintenance and storage

No workshops or plant maintenance facilities shall be constructed on Site for performing major or routine
maintenance of Contractors equipment and vehicles.

All vehicles and plant shall be kept in good working order. Leaking vehicles and plant shall be repaired
immediately or removed from the Site.

The washing of vehicles and plant on Site shall be restricted to emergency requirements only. Washing
may only be undertaken in areas designated by the Employer.

H4.9 Noise

The Contractor shall limit noise levels (for example, by installing and maintaining silencers on plant). The
provisions of SANS 1200A Clause 4.1 regarding "built-up areas" shall apply.

Appropriate directional and intensity settings are to be maintained on all hooters and sirens.

No amplified music shall be allowed on Site. The use of audio equipment shall not be permitted, unless
the volume is kept sufficiently low so as to be unobtrusive. The Contractor shall not use sound
amplification equipment on Site, unless in emergency situations.

Maintenance activities generating output levels of 85 dB(A) or more in residential areas, shall be
confined to the hours 08h00 to 17h00 Mondays to Fridays. Should the Contractor need to do this work
outside of the above times, he shall do so only with the approval of the Employer, and the surrounding
communities shall be informed prior to the work taking place.

H5 MAINTENANCE

H5.1 Method Statements

The Contractor shall submit the environmental method statements required within such reasonable time
as the Employer shall specify or as required by the EM Specification. The Contractor shall not
commence any activity until the Method Statement in respect thereof has been approved and shall,
except in the case of emergency activities, allow a period of two weeks for consideration of the Method
Statement by the Employer.

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The Employer may require changes to a Method Statement if the proposal does not comply with the
specification or if, in the reasonable opinion of the Employer, the proposal may result in, or carries a
greater than reasonable risk of, damage to the environment in excess of that permitted by the EM
Specification.

Approved Method Statements shall be readily available on the Site and shall be communicated to all
relevant personnel. The Contractor shall carry out the Works in accordance with the approved Method
Statement. Approval of the Method Statement shall not absolve the Contractor from any of his
obligations or responsibilities in terms of the Contract.

Changes to the way the Works are to be carried out must be reflected by amendments to the original
approved Method Statements, and these amendments require the signature of both the Contractor and
the Employer.

Method Statements shall consider all environmental hazards and risks identified by the Contractor
and/or Employer and shall contain sufficient information and detail to enable the Employer to assess the
potential negative environmental impacts associated with the proposed activity and shall cover
applicable details with regard to:

a) maintenance procedures,
b) materials and equipment to be used,
c) getting the equipment to and from site,
d) how the equipment/material will be moved while on site,
e) how and where material will be stored,
f) the containment (or action to be taken if containment is not possible) of leaks or spills of any
liquid or material that may occur,
g) the control of fire,
h) timing and location of activities,
i) compliance/non-compliance with the EM Specification,
j) any other information deemed necessary by the Employer.

The format to be used for the required method statements is bound in Annexure A of this EM
Specification. The Contractor (and, where relevant, any sub-contractors) must also sign the Method
Statement, thereby indicating that the work will be carried out according to the methodology contained in
the approved Method Statement.

H5.1.1 Method Statements to be provided within 14 days from the Commencement Date

a) Layout and Preparation.


b) Ablution Facilities: number of, location, cleaning, method of securing to the ground, etc. of portable
toilets (H4.2).
c) Solid Waste Management: number of, type, location, cleaning, method of securing to the ground, etc.
of bins (H4.4).
d) Environmental Awareness Training: logistics for the environmental awareness courses for all the
Contractor’s management staff, as well as other employees (H5.2).
e) Emergency Procedures for Accidental Hydrocarbon Leaks and Spillages (H4.1 and H5.8).
f) Asphalt and Bitumen: details of all methods and logistics associated with the use of bitumen and
asphalt (H5.11).

H5.2 Environmental Awareness Training

It is a requirement of this Contract that environmental awareness training courses are run for all
personnel on Site. Courses shall be run during normal working hours at a suitable venue provided by
the Contractor. All attendees shall remain for the duration of the course and sign an attendance register
that clearly indicates participants’ names on completion, a copy of which shall be handed to the
Employer. The Contractor shall allow for sufficient sessions to train all personnel. Subsequent sessions
shall be run for any new personnel coming onto Site. A Method Statement with respect to the
organisation of these courses shall be submitted.

Notwithstanding the specific provisions of this clause, it is incumbent upon the Contractor to convey the
spirit of the EM Specification to all personnel involved with the Works.

H5.2.1 Training Course for Management and Foremen

The environmental awareness training course for management shall include all management and
foremen. The course, which shall be presented by the Employer or his designated representative, shall
be of approximately one hour duration. The course shall be undertaken prior to the commencement of

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work on Site.

H5.2.2 Training Course for Site Staff and Labour

The environmental awareness training course for site staff and labour shall be presented by the
Contractor from material provided by the Employer. The course shall be approximately one hour long.
The course shall be undertaken not later than 3 working days after the commencement of work on Site,
with sufficient sessions to accommodate all available personnel.

All the Contractor’s employees, sub-contractors’ employees and any suppliers’ employees that spend
more than 1 day a week or four days in a month on Site shall attend the Environmental Awareness
Training Course for Site Staff and Labour

H5.3 Contractor’s Environmental Representative (ESO)

The Contractor shall appoint an environmental representative, also called an Environmental Site Officer
(ESO), who shall be responsible for undertaking site inspection to monitor compliance with this EM
Specification. The Contractor shall forward the name of the environmental representative (ESO) to the
Employer for his approval. The environmental representative (ESO) shall complete Environmental Site
Inspection Checklists (Annexure B attached hereto) and these shall be submitted to the Employer once
a week.

H5.4 Site division, demarcation and “no go” areas

The Contractor shall restrict all his activities, materials, plant and personnel to within the Site or any particular
working areas specified or indicated.

Where environmentally sensitive areas are specified as "no go" areas, the Contractor shall ensure that, insofar
as he has the authority, no person, plant or material shall enter the "no go" areas at any time.

H5.5 Access routes/ haul roads

On the Site and, if so required, within such distance of the Site as may be stated by the Employer, the Contractor
shall control the movement of all vehicles and maintenance equipment, including that of his suppliers, so that
they remain on designated routes, are distributed so as not to cause an undue concentration of traffic, and that all
relevant laws are complied with. In addition, the movement of such vehicles and maintenance equipment shall be
planned and operated so as to minimise disruption to regular users of the routes. As far as possible the
Contractor shall use existing access and haul routes. Damage to existing access roads as a result of
maintenance activities shall be repaired to the satisfaction of the Employer, using material similar to that originally
used. The cost of the repairs shall be borne by the Contractor. New temporary access or haul routes may only
be established with the prior approval of the Employer. The rehabilitation of such routes shall be to the
Contractor’s own cost and to the approval of the Employer.

Any directional signage required by the Contractor for the purposes of directing the movement of his own vehicles
and maintenance equipment (or that of his subcontractors or suppliers) must be of a design and in a location
approved by the Employer. Directional signage may not be erected in such a manner that it interferes with sight
lines or pedestrian movement.

H5.6 Maintenance personnel information posters

The Contractor shall erect and maintain information posters for the information of his employees, depicting
actions to be taken to ensure compliance with aspects of the EM Specification.

The specification for the poster is presented in Annexure C of this EM Specification. The symbols shall be black
and the circles shall be red lines. The Contractor shall ensure that the maintenance personnel information
posters are not damaged in any way, and shall replace a poster if any part of it becomes illegible.

H5.7 Fire control

No fires may be lit on Site. Any fires which occur shall be reported to the Employer immediately.

Smoking shall not be permitted in those areas where it is a fire hazard. Such areas shall include fuel storage and
refuelling areas, and any other areas where the vegetation or other materials are susceptible to the start and
rapid spread of fire.

In terms of the National Environment Management: Air Quality Act, 39 of 2004 and Community Fire Safety By-
law, burning is not permitted as a disposal method.

The Contractor shall appoint a Fire Officer (who may be the ESO) who shall be responsible for ensuring
immediate and appropriate actions in the event of a fire and shall ensure that employees are aware of the

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procedure to be followed. The Contractor shall advise the relevant authority of a fire as soon as one starts and
shall not wait until he can no longer control it.

The Contractor shall comply with Clause 27 of the Maintenance Regulations, 2003 where applicable, and shall
ensure that there is suitable and sufficient fire-fighting equipment available on Site at all times for the applicable
maintenance works.

The Contractor shall be liable for any costs relating to the rehabilitation of burnt areas, should the fire be the
result of the Contractor’s activities on Site

The Contractor shall submit a Method Statement to the Employer covering the procedure to be followed in the
event of a fire.

H5.8 Emergency procedures

The Contractor’s attention is drawn to the Method Statements required in terms of Clauses H4.1 and H5.7 above.
Such Method Statements shall include procedures to be followed by the Contractor in the event of an emergency.

Furthermore, in the event of an emergency, the Contractor shall contact the City of Cape Town’s Emergency Call
Centre by telephoning 107 or 021 480 7700 (from a cell phone).

H5.9 Health and safety

The Contractor shall comply with requirements of the Occupational Health and Safety Act, 85 of 1993 and
Maintenance Regulations, 2014, the Health and Safety Specification and relevant clauses of GCC 2010, insofar
as health and safety is concerned.

H5.10 Community relations


(Not Applicable for this Contract)
If so required, the Contractor shall erect and maintain information boards in the position, quantity, design and
dimensions specified in the Scope of Work or as directed by the Employer. Such boards shall include contact
details for complaints by members of the public in accordance with details provided by the Employer.

The Contractor shall keep a "Complaints Register" on Site. The Register shall contain all contact details of the
person who made the complaint, and information regarding the complaint itself.

H5.11 General protections in terms of the National Heritage Resources Act, 25 of 1999

The Contractor shall take cognisance of the provisions of the National Heritage Resources Act, 25 of 1999 in
respect of, inter alia, structures older than 60 years; archaeology, palaeontology and meteorites; burial grounds
and graves; and public monuments and memorials.

H5.12 Protection of natural features

The Contractor shall not deface, paint, damage or mark any natural features (e.g. rock formations) situated in or
around the Site for survey or other purposes, unless agreed beforehand with the Employer. Any features affected
by the Contractor in contravention of this clause shall be restored/ rehabilitated to the satisfaction of the
Employer. The cost of restoration/rehabilitation shall be borne by the Contractor.

The Contractor shall not permit his employees to make use of any natural water sources (e.g. springs, streams,
open water bodies) for the purposes of swimming, personal washing and the washing of machinery or clothes.

H5.13 Protection of flora and fauna

Except to the extent necessary for the carrying out of the Works, as specified by the Employer, no vegetation
shall be removed, damaged or disturbed.

The presence of any wild animals found on Site shall be reported to the Employer, who shall issue an instruction
with regard to their removal or relocation. If a wild animal needs removal from the Site the Cape Nature (Metro
Region) Conservation Services Manager may be contacted for assistance (tel 021 955 9132/9121/3122/9130).
Trapping poisoning, injuring or shooting animals is strictly forbidden. No domestic pets or livestock are permitted
on Site, with the exception of controlled watchdogs approved by the Employer.

Where the use of herbicides, pesticides and other poisonous substances has been specified, the Contractor shall
submit a Method Statement to the Employer for approval.

H5.14 Erosion and sedimentation control

The Contractor shall take all reasonable measures to limit erosion and sedimentation due to the maintenance
activities and shall, in addition, comply with such detailed measures as may be required by the Scope of Work.

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Where erosion and/or sedimentation, whether on or off the Site, occurs, rectification shall be carried out in
accordance with details specified by the Employer. Where erosion and/or sedimentation occur due to the fault of
the Contractor, rectification shall be carried out to the reasonable requirements of the Employer, at the
Contractor’s cost. In particular, the Contractor shall ensure that the City’s stormwater system is kept free from
sediment arising from the Works.

Any runnels or erosion channels developed during the maintenance period or during the vegetation establishment
period shall be backfilled and compacted, and the areas restored to a proper condition. Stabilisation of cleared
areas to prevent and control erosion shall be pro-actively managed by the Contractor. The method of stabilisation
shall be determined in consultation with the Employer.

H5.15 Aesthetics

The Contractor shall take any requisite measures to ensure that maintenance activities do not have an undue
negative impact on the aesthetics of the area.

H5.16 Temporary site closure

In the event of temporary site closure (for a period exceeding one week), the Contractor’s ESO shall carry out
checks and ensure that, amongst others, the following conditions pertain and report on compliance with this
clause:

a) Fire extinguishers are serviced and accessible.


b) There is adequate ventilation in enclosed spaces.
c) All hazardous substance stores are securely locked.
d) Fencing and barriers are in place.
e) Emergency and management contact details are prominently displayed and available.
f) Wind and dust mitigation measures, e.g. straw, brush packs, irrigation, etc. are in place.
g) Excavated and filled slopes and stockpiles are at a stable angle and capable of accommodating normal
expected water flows.
h) There are sufficient detention ponds or channels in place.
i) Cement and materials stores are secured.
j) Toilets are empty and secured.
k) Central waste area and all refuse bins are empty and secured.
l) Contaminated water conservancy tank empty.
m) Any bunded areas are clean and treated with an approved product where applicable (e.g. Spill Sorb or
Enretech #1 powder or equivalent).
n) Drip trays are empty and secure

H5.17 Asphalt and bitumen

Bitumen drums/products, if stored on Site, shall be stored in an area approved by the Employer.

When heating bitumen products, the Contractor shall take cognisance of appropriate fire risk controls. Heating
shall only be undertaken using LPG or similar zero emission fuels. Appropriate fire fighting equipment shall be
readily available on Site.

H5.18 Dust

The Contractors shall be solely responsible, at his cost, for the control of dust arising from his activities on Site,
and for any costs involved in damages resulting from the dust. The Contractor shall take all reasonable measures
to minimise the generation of dust

H5.19 Contractor’s advertising signage

Any advertising on the Site or any part of the Works shall remain at the sole discretion of the Employer, who
reserves the right to order, via the Employer, its removal, covering or re-sizing, wherever placed, at no cost to the
Employer.

Apart from at the Contractor’s camp, no signage advertising the Contractor, or any of its subcontractors,
manufacturers, suppliers or service providers shall be placed, fixed or erected anywhere on the Site or on the
Works without the prior approval of the Employer. No advertising signage will be permitted on any designated
scenic route. Notwithstanding any prior approval given, the Employer may instruct the Contractor to remove,
cover or re-size any advertising signage at any time at no cost to the Employer.

Advertising signage at the Contractor’s camp shall be appropriately designed and sized with due consideration to
the surrounding environment, views and sight lines.

Branding or identification markings on the Contractor’s and subcontractor’s vehicles and equipment is generally
permitted, although the Employer reserves the right to instruct, via the Employer, the removal, covering or

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re-sizing of any branding, markings or signage, on any equipment (scaffolding, for example), which it considers
inappropriate in the environment in which it is placed.

No third party advertising (that is, in respect of any person, business or product that is not associated with the
Works) shall be permitted anywhere on the Site or Works.

H5.20 Clearance of Site on completion

On completion of the Works, and at final completion when all defects have been remedied or corrected, the
Contractor shall, in addition to the requirements for clearance of the Site in terms of the Contract, ensure that he
has complied with the following requirements in terms of this EM Specification:

H5.20.1 Clause H3.1

Clean-up of improperly secured transported materials, and rehabilitation of storage areas.

H5.20.2 Clause H4.1.3

Remediation of hydrocarbon spill and leak areas.

H5.20.3 Clause H4.4

Disposal of litter, refuse and Contractor’s waste.

H5.20.4 Clause H5.4

Removal of temporary fences and Contractor’s camp.

H5.20.5 Clause H5.5

Repair of access roads damaged by the Contractor, and rehabilitation of temporary access routes.

H5.20.6 Clause H5.7

Rehabilitation of burnt areas should a fire be the result of Contractor’s activities on Site.

H5.20.7 Clauses H5.11 to H5.13

Rehabilitation of heritage and natural features, including vegetation which is damaged or disturbed, which
required protection in terms of these clauses.

H5.20.8 Clause H5.14

Rectification where erosion and/or sedimentation has occurred due to the fault of the Contractor .

H5.20.9 Clause H5.19

Removal of Contractor’s advertising signage.

H6 TOLERANCES

H6.1 Fines

Environmental management is concerned not only with the final results of the Contractor's operations, but also
with the control of how these operations are carried out. Tolerance with respect to environmental matters applies
not only to the finished product, but also to the standard of the day-to-day operations required to complete the
Works.

It is thus required that the Contractor shall comply with the EM Specification on an on-going basis and any failure
on his part to do so will entitle the Employer to certify the imposition of a fine. Fines may be issued per incident at
the discretion of the Employer. Such fines will be issued in addition to any remedial costs incurred as a result of
non-compliance with the environmental specifications. The Employer will inform the Contractor of the
contravention and the amount of the fine, and will deduct the amount from monies due in payment certificates
issued under the Contract.

Maximum fines for the following transgressions by either the Contractor and/or his sub-contractors may be
imposed by the Employer, as follows:

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Maximum fine
per incident
a) Vehicles, plant or materials related to the Contractor’s operations, parked R 2 000
or stored outside the demarcated boundaries of the Site.
b) Persons, vehicles, plant or materials related to the Contractor’s operations, R 4 000
found within the designated boundaries of a “no go” area.
c) Persistent and unrepaired oil leaks from machinery/not using a drip tray to R 3 000
collect waste oil and other lubricants/not using specified absorbent material
to encapsulate hydrocarbon spillage/using inappropriate methods of
refuelling (the use of a funnel rather than a pump).
d) Refuelling in areas not approved by the Employer. R 3 000
e) Litter on Site. R 1 000
f) Deliberate lighting of fires on Site. R 5 000
g) Individual not making use of the Site ablution facilities. R 1 000
h) Damage to trees not specified to be removed. R 5 000
i) Dust or excessive noise emanating from the site R 1 000
j) Not containing water contaminated with pollutants such as cement, R 2 000
concrete, fuel, etc.

For each subsequent similar offence the fine shall be doubled in value to a maximum value of R50 000.

H7 TESTING

Not applicable to this tender.

H8 MEASUREMENT AND PAYMENT

H8.1 Basic principles

Except where separate pay items have been measured in the Schedules of Quantities, all costs in respect of
complying with the EM Specification are deemed to be covered by the sum tendered for complying with the EM
Specification.

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ANNEXURE A: ENVIRONMENTAL METHOD STATEMENT

CONTRACT:…………………………………………………….... DATE:…...……………………………

PROPOSED ACTIVITY (give title of method statement and reference number from the EMP):

WHAT WORK IS TO BE UNDERTAKEN (give a brief description of the works - attach extra information to ensure accurate
description given):

WHERE THE WORKS ARE TO BE UNDERTAKEN (where possible, provide an annotated plan and a full description of the
extent of the works):

START AND END DATE OF THE WORKS FOR WHICH THE METHOD STATEMENT IS REQUIRED:

Start Date: End Date:

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HOW THE WORKS ARE TO BE UNDERTAKEN (provide as much detail as possible, including annotated sketches and
plans where possible):

Note: please give too much information rather than too little. Please ensure that issues such as emergency procedures,
hydrocarbon management, wastewater management, access, individual responsibilities, materials, plant used, maintenance
of plant, protection of natural features, etc. are covered where relevant

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DECLARATIONS

1) EMPLOYER’S REPRESENTATIVE/ENVIRONMENTAL OFFICER/ENVIRONMENTAL CONTROL OFFICER

The work described in this Method Statement, if carried out according to the methodology described, appears to be
satisfactorily mitigated to prevent avoidable environmental harm:

____________________________________ ________________________________
(signed) (print name)

Dated: ______________________

2) CONTRACTOR

I understand the contents of this Method Statement and the scope of the works required of me. I further understand that this
Method Statement may be amended on application to other signatories and that the Employer’s
Representative/Environmental Officer/Environmental Control Officer will audit my compliance with the contents of this
Method Statement. I understand that this method statement does not absolve me from any of my obligations or
responsibilities in terms of the Contract.

____________________________________ ________________________________
(signed) (print name)

Dated: ______________________

3) EMPLOYER

The works described in this Method Statement are approved.

________________________ _______________________________ _________________________


(signed) (print name) (designation)

Dated: ______________________

148
ANNEXURE B: ENVIRONMENTAL SITE INSPECTION CHECKLIST
TO BE SUBMITTED TO THE EMPLOYER ONCE A WEEK

CONTRACT:…………………………………………………….... DATE:…...………………………………

YES/ NO
ENVIRONMENTAL ASPECT COMMENTS
( or X)
 All new personnel on Site are aware of the
contents of the EMP and have been through
the environmental awareness course.
 Contractor’s camp is neat and tidy and the
labourers’ facilities are of an acceptable
standard.
 Sufficient and appropriate fire fighting
equipment is visible and readily available in
the appropriate places.

 Waste control and removal system is being


maintained.

 Fences are being maintained.

 Drip trays are being utilised where there is a


risk of spillage.

 Bunded areas/drip trays are being emptied on


a regular basis (especially after rain).

 No leaks are visible from maintenance


vehicles.

 Refuelling of vehicles and plant occurs within


designated areas, and appropriate refuelling
apparatus and drip trays are being used.

 “No go” areas, natural features, vegetation,


etc. have not been damaged.

 Dust control measures (if necessary) are in


place and are effectively controlling dust.

 Noise control measures (if necessary) are in


place and are working effectively.

 Erosion and sedimentation control measures


(if necessary) are in place and are controlling
effectively.
 Material stockpiles are located within the
boundary of the Site and are protected from
erosion.

 Other

Completed by:……………………………………… Signed:…………..…………...................…….

149
ANNEXURE C: MAINTENANCE PERSONNEL INFORMATION POSTER

150
(14.1) MONTHLY PROJECT LABOUR REPORT (EXAMPLE)
152
(14.2) BBBEE SUB-CONTRACT EXPENDITURE REPORT (PRO FORMA)
TENDER NO. AND DESCRIPTION:

SUPPLIER:

B-BBEE SUB-CONTRACT EXPENDITURE REPORT


Rand Value of the contract (as defined in
R B-BBEE Status Level of Prime Supplier
Schedule 4: Preference Schedule) (P*)

Name of Sub-contractor B-BBEE Status Level of Total value of Sub- Value of Sub-contract Value of Sub-contract work to
(list all) supplier1 contract (excl. VAT)1 work to date Sub-contractors with a lower B-
(excl. VAT)1 BBEE Status Level than supplier

Sub-contractor A R R R

Sub-contractor B R R R

Sub-contractor C R R R

1Documentary evidence to be provided


Total: R
Expressed as a
%
percentage of P*

Signatures

Declared by supplier
to be true and correct: Date:

Verified by CCT
Project Manager:
Date:
(14.3) PARTNERSHIP/ JOINT VENTURE (JV) / CONSORTIUM/ EXPENDITURE REPORT (PRO FORMA)

TENDER NO. AND DESCRIPTION:

SUPPLIER:

PARTNERSHIP/ JOINT VENTURE (JV)/ CONSORTIUM EXPENDITURE REPORT


Rand value of the contract (as defined in B-BBEE Status Level of Partnership/ Joint Venture (JV)/
R
Schedule 4: Preference Schedule) (P*) Consortium

Name of partners to the B-BBEE Status Percentage contribution Total value of partner’s Value of partner’s Value of partner’s contribution
Partnership/ JV / Consortium (list Level of each of each partner as per the contribution (excl. VAT)1 contribution to date as a percentage of the work
all) partner at contract Partnership/ JV/ (excl. VAT)1 executed to date
award Consortium Agreement1 B = A% x P*
C D = C/P*x100
A

Partner A % R R %

Partner B % R R %

Partner C % R R %

1Documentary evidence to be provided

Signatures

Declared by supplier
to be true and correct: Date:

Verified by CCT
Project Manager: Date:

154
ANNEXURE 1: Blowers Maintenance Schedules

CITY OF CAPE TOWN •


MUNICIPAL SERVICES

[Type the document subtitle]


1 HIGH SPEED CENTRIFUGAL BLOWERS

1.1 Maintenance Activities: Electrical

1.1.1 Weekly Maintenance Activities: Electrical


None
1.1.2 Monthly Maintenance Activities: Electrical
EQUIPMENT DESCRIPTION FREQUENCY TASK NAME
Aeration blower motor M Low Voltage Electrical motor monthly running inspection
Basement ventilation fan electric
M Low Voltage Electrical motor monthly running inspection
motor
Enclosure ventilation fan electrical
M Low Voltage Electrical motor monthly running inspection
motor
Oil cooler electrical motor M Low Voltage Electrical motor monthly running inspection
Oil lubrication pump electrical
M Low Voltage Electrical motor monthly running inspection
motor
SOLCON Electronic Soft Starter M Daily check required (Operational). Monthly clean filters
Monthly do a lamp test. 3-6 months check auto and manual operation and check
Starters M
the safety circuit.
Panel Fan (Electro) M Inspect and maintain as per manufacturer’s specification.

1.1.3 6 Monthly Maintenance Activities: Electrical


EQUIPMENT DESCRIPTION FREQUENCY TASK NAME
General inspection, cleaning and maintenance as per manufacturer’s
Actuator (TEFULONG) 6M specification. Usually maintenance free for up to 5 years 5-7 years then checked
for servicing and battery change
Electric valve actuator (Greatork &
6M 6 month inspection and grease output mechanism
DAS)
Air Conditioner system in DPFC
6M 6 month inspection and service
room
ELSPEC – Equalizer – Activar 6 month inspection and service. Inspect and maintain as per manufacturer’s
6M
Balanced System specification. Annual service Work Instruction.
Bus Bars 6M 3-6 months check bus bar chamber.

1.1.4 Yearly Maintenance Activities: Electrical


EQUIPMENT DESCRIPTION FREQUENCY TASK NAME
WF, Aeration blower motor Y Low Voltage Electrical motor yearly inspection
Basement ventilation fan electric
Y Low Voltage Electrical motor yearly inspection
motor
Enclosure ventilation fan electrical
Y Low Voltage Electrical motor yearly inspection
motor
Oil cooler pump electrical motor Y Low Voltage Electrical motor yearly inspection
Oil lubrication pump electrical
Y Low Voltage Electrical motor yearly inspection
motor
Schneider Electric NS2000N 2.0
2000 ampere MCCB, 85/70kA, Y Annual circuit breaker service Work Instruction
415V Thermal and magnetic
Schneider Electric NSX630F 1.3-M
500 ampere TP 36kA, 415V, Y Annual circuit breaker service
magnetic only
SOLCON Electronic Soft Starter Y 6 months conduct detailed inspection & clean up fan filter
Starters Y Annually do a lamp test and conduit a detailed inspection as set out herein.
Air Conditioner system in DPFC
Y 1-Yearly Service and Inspection
room
Ventilation fan (Donkin – Majax – 2
– Dia. 710mm Long Cased Axial Y General inspection, cleaning and testing
Direct Driven)
(APC Smart RT 2000VA, 230VAC,
plus 1 x battery module)
Y 1-Yearly Battery Check/Inspection & Clean-up
PLC Battery Y - 1 Yearly conduct a detailed inspection as set out herein.
PLC Battery Y 1-Yearly Software Backup/Verification/Battery Replacement
EQUIPMENT DESCRIPTION FREQUENCY TASK NAME
Annually check bus bar chamber, clean and torque bolts, check for loose
Bus Bars Y
connections.
Infra-red thermal camera scan and
report of electrical infrastructure of Y Annual infra-red thermographic survey and report. Refer to maintenance task list
blower unit.
PDMA motor and circuit analysis Y Refer to PDMA maintenance Work Instruction
MV/LV DPFC Transformer
2Y External and Internal Inspection (timeframes to be determined)
(Powertech)

1.1.5 3 Yearly Maintenance Activities: Electrical


EQUIPMENT DESCRIPTION FREQUENCY TASK NAME
Low Voltage Electrical motor three (3) yearly inspection and service or every 30
WF, Aeration blower motor 3Y
000 hours
Basement ventilation fan electric Low Voltage Electrical motor three (3) yearly inspection and service or every 30
3Y
motor 000 hours
Enclosure ventilation fan electrical Low Voltage Electrical motor three (3) yearly inspection and service or every 30
3Y
motor 000 hours
Low Voltage Electrical motor three (3) yearly inspection and service or every 30
Oil cooler pump electrical motor 3Y
000 hours
Oil lubrication pump electrical Low Voltage Electrical motor three (3) yearly inspection and service or every 30
3Y
motor 000 hours
3-yearly overhaul service, replace cooling fan, replace capacitors if required,
SOLCON Electronic Soft Starter 3Y
replace the fuses
General inspection, cleaning and maintenance as per manufacturer’s
Actuator (TEFULONG) 3Y specification. Usually maintenance free for up to 5 years 5-7 years then checked
for servicing and battery change
Electric valve actuator (Greatork & 3-Yearly Service and Inspection check limit switches and torque switch
3Y
DAS) mechanism for accuracy
3-Yearly Service and Inspection check limit switches and torque switch
Limit & Torque Switches 3Y
mechanism for accuracy
UPS Battery 4Y 4 Yearly Battery Replacement

1.2 Maintenance Activities: Mechanical

1.2.1 Weekly Maintenance Activities: Mechanical


EQUIPMENT DESCRIPTION FREQUENCY TASK NAME
Blower machine W Blower Weekly Inspections

1.2.2 Monthly Maintenance Activities: Mechanical


None

1.2.3 3 – 6 Monthly Maintenance Activities: Mechanical


EQUIPMENT DESCRIPTION FREQUENCY TASK NAME
Blower Lube System 3M 3 monthly inspection/inspection (or 2000 running hours)
Blower machine 3M 3 monthly inspection/inspection (or 2000 running hours)
Airblast cooler (OK EL 7 -1L) 16 bar 3M 3 monthly inspection/inspection (or 2000 running hours)
Oil Pressure relief valve (Bailey
3M 3 monthly inspection/inspection (or 2000 running hours)
Birkett)
Oil Filter (PALL 861CZ YM) 3M 3 monthly inspection/inspection (or 2000 running hours)
Mechanical Oil Pump (HPI
3M 3 monthly inspection/inspection (or 2000 running hours)
P2AAN2022HL20C02N)
Aux elec oil pump (Demsi Rotan
3M 3 monthly inspection/inspection (or 2000 running hours)
Pump - GP141EN-1U2B2)
Gearbox airbreather filters (MAHLE
3M 3 monthly inspection/inspection (or 2000 running hours)
80 mm)
Thermostatic Valve 3M 3 monthly inspection/inspection (or 2000 running hours)
Wafer Butterfly Valve 3M 3 monthly inspection/inspection (or 2000 running hours)
Donkin Majax Fans (Majax 2) 3M 3 monthly inspection/inspection (or 2000 running hours)
Howden Process Compressors 3M 3 monthly inspection/inspection (or 2000 running hours)
Drive Motor Couplings 3M 3 monthly inspection/inspection (or 2000 running hours)

157
EQUIPMENT DESCRIPTION FREQUENCY TASK NAME
Rotork Valves 3M 3 monthly inspection/inspection (or 2000 running hours)
Inlet Filters 3M 3 monthly inspection/inspection (or 2000 running hours)
Main Drive Motor Bearings 6M 6 monthly lubrication schedule
Actuators 6M 6 monthly lubrication schedule

1.2.4 Yearly Maintenance Activities: Mechanical


EQUIPMENT DESCRIPTION FREQUENCY TASK NAME
Blower machine Y Yearly service/inspection
Blower Lube Oil system Y Yearly service/inspection
Oil Filter (PALL 861CZ YM) Y Yearly service/inspection
Airblast cooler (OK EL 7 -1L) 16 bar Y Yearly service/inspection
Acoustic Enclosure Y Yearly service/inspection
Non-return valves Y Yearly service/inspection
Actuators Y Yearly service/inspection
Inlet Filters Y Yearly service/inspection

1.2.5 3 Yearly Maintenance Activities: Mechanical


EQUIPMENT DESCRIPTION FREQUENCY TASK NAME
Airblast cooler (OK EL 7 -1L) 16 bar 3Y 3 Yearly major service
Oil Pressure relief valve (Bailey
3Y 3 Yearly major service
Birkett)
Oil Filter (PALL 861CZ YM) 3Y 3 Yearly major service
Mechanical Oil Pump (HPI
3Y 3 Yearly major service
P2AAN2022HL20C02N)
Aux elec oil pump (Demsi Rotan
3Y 3 Yearly major service
Pump - GP141EN-1U2B2)
Gearbox airbreather filters (MAHLE
3Y 3 Yearly major service
80 mm)
Thermostatic Valve 3Y 3 Yearly major service
Discharge expansion bellows
3Y 3 Yearly major service
(DN350)
Wafer Butterfly Valve 3Y 3 Yearly major service
Donkin Majax Fans (Majax 2) 3Y 3 Yearly major service
Drive Motor Couplings 3Y 3 Yearly major service
Variable Vane Diffuser 3Y 3 Yearly major service
Blower Lub System 3Y 3 Yearly major service
Non Return valves 3Y 3 Yearly major service
Acoustic Enclosure 3Y 3 Yearly major service
Relief valves 3Y 3 Yearly major service

158
1.3 Maintenance Activities: Instrumentation

1.3.1 Weekly Maintenance Activities: Instrumentation


None

1.3.2 Monthly Maintenance Activities: Instrumentation


Dissolved Oxygen Probe cleaning

1.3.3 6 Monthly Maintenance Activities: Instrumentation


EQUIPMENT DESCRIPTION FREQUENCY TASK NAME
Instrument Controller (HACH
6M 6 months visual inspection
SC200)
Pressure Transmitters (WIKA) 6M 6 months visual inspection
Temperature Transmitters(WIKA) 6M 6 months visual inspection

1.3.4 Yearly Maintenance Activities: Instrumentation


EQUIPMENT DESCRIPTION FREQUENCY TASK NAME
Backspin detection proximity
Y Calibration and verification of settings and operations
switch, X5100 on cable W307
Blow off valve thermo switch on
Y Calibration and verification of settings and operations
cable M104
Enclosure air temperature sensor
and transmitter 4-20mA, TT106 on Y Calibration and verification of settings and operations
cable W407
Gear bearing temperature
thermocouple and sensor TE115
Y Calibration and verification of settings and operations
and TE116 on cable W507 and
W508
Gear vibration transmitter and
sensor, VT100 on cable W308 Y Calibration and verification of settings and operations
VT100
IGV and VVD limit switches M103
Y Calibration and verification of settings and operations
on cable W302, W303
Inlet air filter differential pressure
transmitter 4-20mA, PT107 on Y Calibration and verification of settings and operations
cable W416
Inlet air pressure sensor and
transmitter 4-20mA, PT105 on Y Calibration and verification of settings and operations
cable W404
Inlet air temperature sensor and
transmitter 4-20mA, TT118 on Y Calibration and verification of settings and operations
cable W403
Instrument Controller (HACH
Y Calibration and verification of settings and operations
SC200)
Main drive motor vibration
transmitter VT101 4-20mA on cable Y Calibration and verification of settings and operations
W419
Oil filter DP switch DPS 100 on
Y Calibration and verification of settings and operations
cable W308
Oil pressure gear inlet sensor and
transmitter 4-20mA, PT103 sensor Y Calibration and verification of settings and operations
on cable W402
Oil temperature sensor and
transmitter 4-20mA, TT107 and TT
Y Calibration and verification of settings and operations
103 for oil reservoir and gear inlet
on cable W405 and W406
Outlet air pressure sensor and
transmitter 4.20mA , PT104 on Y Calibration and verification of settings and operations
cable W420
Outlet air pressure sensor and
transmitter 4-20mA, PT101 on Y Calibration and verification of settings and operations
cable W401
Outlet air temperature sensor and
transmitter 4-20mA, TT117 on Y Calibration and verification of settings and operations
cable W409
Potentiometer on IGV and VVD 4- Y Calibration and verification of settings and operations

159
EQUIPMENT DESCRIPTION FREQUENCY TASK NAME
20 mA , M102 and M103 on cable
W501and W502
Pressure Transmitters (WIKA) Y Calibration and verification of settings and operations
Temperature Transmitters(WIKA) Y Calibration and verification of settings and operations
Thermal Mass Flowmeter (E&H) Y Calibration and verification of settings and operations
ELSPEC – Equalizer – Activar Inspect and maintain the unit as per manufacturer’s specification. Annual
Y
Balanced System service Work Instruction
Dissolved Oxygen probes Calibration and verification of settings and operations

1.3.5 3 Yearly Maintenance Activities: Instrumentation


None

160
ANNEXURE 2: Breakdown Feedback proforma

Repair Details:

City of Cape Town PO Number:


Equipment Details:
Blower Details: City of Cape Town contact:
Plant: Name & Surname
Type: Telephone
Model: Cell
Serial No: e-mail

Site Specifics

Work Permit No:


List findings

Breakdown Specifics
Findings incl photos.
Repairs to be effected.
Incl list of parts to be repaired/replaced

Commisioning and test results

Recommendations to prevent future occurrence

162

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