2437 Coct Irt Its Ten Doc Vol 2a 17 Jul 2009

TENDER NO.
25G/2009/10
CONTRACT DOCUMENT
FOR THE
DESIGN, SUPPLY, DELIVERY, INSTALLATION,

TESTING, COMMISSIONING AND MAINTENANCE
OF THE IRT CONTROL CENTRE HARDWARE
AND SOFTWARE SYSTEMS
VOLUME 2A
(RETURNABLE DOCUMENT)
(OTHER DOCUMENTS FORMING PART OF TENDER AND CONTRACT ARE:
VOLUME 1 FIDIC CONDITIONS OF CONTRACT FOR PLANT AND DESIGN-BUILD
VOLUME 2B SCOPE OF WORK & DETAILED SPECIFICATIONS)
NOTE:
The Form of Offer and Acceptance (C1.1) is on page 69 of this document

(see also Clause F.4.5 on page 15)
The Preferencing Schedule (HDI Participation) is on page 52 of this document

E CHINNAPPEN
EXECUTIVE DIRECTOR: TRANSPORT, ROADS AND STORMWATER
CIVIC CENTRE,
HERTZOG BOULEVARD
CAPE TOWN
JULY 2009
CITY OF CAPE TOWN

TRANSPORT ROADS & STORMWATER
CONTRACT NO. 25G/2009/10
DESIGN, SUPPLY, DELIVERY, INSTALLATION, TESTING, COMMISSIONING AND MAINTENANCE OF THE
IRT CONTROL CENTRE HARDWARE AND SOFTWARE SYSTEMS
General Tender Information

TENDER ADVERTISED
Friday, 17 July 2009
CLARIFICATION MEETING
10h00 12:00 on Monday, 27 July 2009

(See next page for map of venue)
VENUE FOR CLARIFICATION

MEETING
Webber Wentzel15th Floor, Convention

Tower, Heerengracht, Foreshore, Cape Town
CLOSING DATE
Friday, 21 August 2009
CLOSING TIME
10h00
CLOSING VENUE
Tender Box 58 at the Tender Office,

5th Floor, Tower Block, Civic Centre,
12 Hertzog Boulevard, Cape Town.
TENDER BOX 58
The Tender Document (which includes the Form of

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

component of the IRT system, which will supply new
scheduled bus services in the City of Cape Town.
The scope of this Contract comprises of the supply
and installation of electronic hardware and software
systems and a six-year management and
maintenance function, providing:
Fleet management the installation of software

to operate IT equipment installed on vehicles by
bus manufacturers; the communication system
between vehicles and the control centre; supply
of HASTUS management package for
scheduling of vehicles;
Passenger information electronic displays on

vehicles and at stations that provide information
to passengers about services;
CCTV communications CCTV cameras on

board vehicles and on stations and their linkage
to the control centre;
Control Centre installation of control centre

hardware, communications systems and
software.
BRIEF DESCRIPTION OF TENDER

Reference No. 25G/2009/10
CITY OF CAPE TOWN

TRANSPORT ROADS AND STORMWATER
Structure of tender and contract documents

Volume 1
Volume 2A
Volume 2B
FIDIC Conditions of Contract for Plant and Design-Build First Edition 1999
Returnable tender documents
Non-returnable tender document: Scope of Work, Detailed Specifications & Site
Information
Contents (Volume 2A returnable document)

Number
Heading
Volume
The Tender
Part T1: Tendering procedures
T1.1
Tender Notice and Invitation to Tender
2A
T1.2
Tender Data
2A
Part T2: Returnable documents

T2.1
List of Returnable Documents
2A
T2.2
Returnable Schedules
2A
The Contract
Part C1: Agreements and Contract Data
C1.1
Form of Offer and Acceptance
2A
C1.2
Contract Data
2A
C1.3
Form of Performance Security - Demand Guarantee
2A
C1.4
Occupational Health and Safety Agreement
2A
Part C2: Pricing data

C2.1
Pricing Instructions
2A
C2.2
Bills/Schedules of Quantities
2A
Contents (Volume 2B non-returnable document)

Number
Heading
Volume
Part C3: Scope of Work

C3.1
Description of the Works
2B
C3.2
Engineering Design
2B
C3.3
Installation of Works
2B
C3.4
Testing and Commissioning
2B
C3.5
Training
2B
C3.6
Project Management
2B
Contents (Volume 2A and 2B)

ii
C3.7
Maintenance and Upgrades
2B
C3.8
Detailed Specification: General
2B
C3.9
Detailed Specification: Onboard Systems
2B
C3.10
Detailed Specification: Control Centre
2B
C3.11
Detailed Specification: Smart Trunk Stations
2B
C3.12
Detailed Specification: Smart Feeder Station
2B
C3.13
Detailed Specification: Bus Depots
2B
C3.14
Detailed Specification: Station - Network Design
2B
C3.15
Detailed Specification: Communication
2B
C3.16
Detailed Specification: Maintenance
2B
C3.17
Detailed Specification: Operations
2B
C3.18
Glossary
2B
Part C4: Site information

C4.1
Overview of System
2B
C4.2
The proposed IRT System (Phase 1)
2B
C4.3
Services Types
2B
C4.4
Future Phases of the IRT System
2B
C4.5
The Business Structure Of The IRT System
2B
C4.6
ITS to be provided by Control Centre Contract
2B
C4.7
Communication
2B
C4.8
Drawings and Details
2B
Appendix A : City of Cape Tetra Radio Server Interface Specification
Contents (Volume 2A and 2B)

iii
DETAILED CONTENTS (VOLUME 2A)
Page
No.
Structure of Tender and Contract documents
ii
Detailed Contents (Volume 2A)
iv
Detailed Contents (Volume 2B)
Standard Conditions of Tender
vii
THE TENDER
PART T1: TENDERING PROCEDURES
T1.1
TENDER NOTICE AND INVITATION TO TENDER
T1.2
TENDER DATA
F.1
General
F.2
Tenderers obligations
F.3
The Employers undertakings
PART T2: RETURNABLE DOCUMENTS
19
T2.1
LIST OF RETURNABLE DOCUMENTS
20
T2.2
RETURNABLE SCHEDULES
22
Schedule 1:
Compulsory Enterprise Questionnaire
23
Schedule 2:
Certificate of Authority for Joint Ventures
25
Schedule 3:
Schedule of Design Experience
26
Schedule 4:
Schedule of Implementation Experience
28
Schedule 5:
Costs of Staff and other resources from RSA and overseas
30
Schedule 6:
Schedule of Subcontractors
32
Schedule 7:
Details of Experience of Key Professional Personnel
33
Schedule 8:
Tenderers undertaking to employ Key professional Personnel
38
Schedule 9:
Work Plan and Timelines
39
Schedule 10:
Details of Tenderers Workshop Facilities
40
Schedule 11:
Tax Clearance Certificate
41
Schedule 12:
Bargaining Council Certificate
42
Schedule 13:
Financial Statements for Contracts over R10 Million
43
Schedule 14:
Particulars of Contracts awarded to Tenderer during past five years
44
Schedule 15:
Confirmation of WCSD Registration
45
Schedule 16:
Health and Safety Plan
46
Schedule 17:
Declaration in terms of the Municipal Finance Management Act
47
Schedule 18:
Certificate for Municipal Services and Payments to Service Provider
48
Schedule 19:
Authorisation for the Deduction of Outstanding Amounts Owed to Council
49
Schedule 20:
Record of Addenda to Tender Documents (Annex K)
50
Schedule 21:
Deviations and Qualifications by Tenderer
51
Detailed Contents (Volume 2A and 2B)

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

Participation)
52
Schedule 23:
Correspondence with Bus Manufacturers
58
Schedule 24:
Technical Data Sheets
59
Schedule 25:
Price Basis for Imported Equipment (see Part C2 Pricing Data)
67
THE CONTRACT
PART C1: AGREEMENTS AND CONTRACT DATA (VOLUME 2A)
68
C1.1
69
FORM OF OFFER AND ACCEPTANCE

Offer
Acceptance
Schedule of Deviations
C1.2
CONTRACT DATA
73
General Conditions of Contract

Appendix to Tender
Part 1:
Contract Data completed by the Employer
Part 2:
Contract Data completed by the Contractor
Particular Conditions
Additional Conditions of Contract
Employers Requirements referred to in Conditions of Contract
C1.3
FORM OF PERFORMANCE SECURITY DEMAND GUARANTEE
100
Annexure
C1.4
OCCUPATIONAL HEALTH AND SAFETY AGREEMENT
102
Occupational Health and Safety Conditions
PART C2: PRICING DATA (VOLUME 2A)
104
C2.1
105
PRICING INSTRUCTIONS
Returnable Schedule 25: Price Basis for Imported Equipment
C2.2
SCHEDULES OF QUANTITIES
108
Declaration (In respect of completeness of Tender)

Page
No.
DETAILED CONTENTS (VOLUME 2B)

PART C3: SCOPE OF WORK
PART C4: SITE INFORMATION
PART C3: SCOPE OF WORK (VOLUME 2B)

C3.1
Description of the Works
C3.2
Engineering Design
C3.3
Installation of Works
12
C3.4
Testing and Commissioning
14
C3.5
Training
18
C3.6
Project Management
21
C3.7
Maintenance, Upgrades and Warranties
22
C3.8
Detailed Specifications: General
24
C3.9
Detailed Specifications: Onboard Systems
28
C3.10
Detailed Specifications: Control Centre
42
C3.11
Detailed Specifications: Smart Trunk Station
60
C3.12
Detailed Specifications: Smart Feeder Station
64
C3.13
Detailed Specifications: Bus Depots
66
C3.14
Detailed Specifications: Station Network Design
68
C3.14
Detailed Specifications: Communication
69
C3.15
Detailed Specifications: Maintenance
73
C3.16
Detailed Specifications: Operations
81
C3.17
Glossary
82
PART C4: SITE INFORMATION (VOLUME 2B)
86
C4.1
Overview of System
87
C4.2
The proposed IRT System (Phase 1)
C4.3
Services Types
C4.4
Future Phases of the IRT System
C4.5
Description of Business Model
C4.6
ITS to be provided by Control Centre Contract
C4.7
Communication
C4.8
Drawings and Details

107
vi
CITY OF CAPE TOWN

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

The Standard Conditions of Tender are contained in Annex F of Board Notice 12 of 2009 in Government Gazette
No. 31823 of 30 January 2009, Construction Industry Development Board (CIDB) Standard for Uniformity in
Construction Procurement (see www.cidb.org.za), and are reproduced without amendment or alteration for the
convenience of tenderers as an Annex attached hereto.
The following Annex is attached hereto :
Annex F
(Normative)
Page
No.

F.1
General
viii
F.2
F.3
xii
Tender Data
The Tenderers attention is drawn to the tender data in Part T1.2 Tender Data for details that apply specifically to
this tender.

vii
Annex F
(normative)

F.1
General
F.1.1
Actions
F.1.1.1 The employer and each tenderer submitting a tender offer shall comply with these conditions of tender. In
their dealings with each other, they shall discharge their duties and obligations as set out in F.2 and F.3,
timeously and with integrity, and behave equitably, honestly and transparently, comply with all legal obligations
and not engage in anticompetitive practices.
F.1.1.2 The employer and the tenderer and all their agents and employees involved in the tender process shall
avoid conflicts of interest and where a conflict of interest is perceived or known, declare any such conflict of
interest, indicating the nature of such conflict. Tenderers shall declare any potential conflict of interest in their
tender submissions. Employees, agents and advisors of the employer shall declare any conflict of interest to
whoever is responsible for overseeing the procurement process at the start of any deliberations relating to the
procurement process or as soon as they become aware of such conflict, and abstain from any decisions where
such conflict exists or recuse themselves from the procurement process, as appropriate.
Note:
1)
A conflict of interest may arise due to a conflict of roles which might provide an incentive for
improper acts in some circumstances. A conflict of interest can create an appearance of
impropriety that can undermine confidence in the ability of that person to act properly in his or her
position even if no improper acts result.
2)
Conflicts of interest in respect of those engaged in the procurement process include direct,
indirect or family interests in the tender or outcome of the procurement process and any personal
bias, inclination, obligation, allegiance or loyalty which would in any way affect any decisions
taken.
F.1.1.3 The employer shall not seek and a tenderer shall not submit a tender without having a firm intention
and the capacity to proceed with the contract.
F.1.2
Tender Documents
The documents issued by the employer for the purpose of a tender offer are listed in the tender data.
F.1.3
Interpretation
F.1.3.1 The tender data and additional requirements contained in the tender schedules that are included in the
returnable documents are deemed to be part of these conditions of tender.
F.1.3.2 These conditions of tender, the tender data and tender schedules which are only required for tender
evaluation purposes, shall not form part of any contract arising from the invitation to tender.
F.1.3.3 For the purposes of these conditions of tender, the following definitions apply:
a)
b)
c)
d)
e)
f)
conflict of interest means any situation in which:

i)
someone in a position of trust has competing professional or personal interests which make it
difficult to fulfill his or her duties impartially;
ii) an individual or organisation is in a position to exploit a professional or official capacity in some way
for their personal or corporate benefit; or
iii) incompatibility or contradictory interests exist between an employee and the organisation which
employs that employee.
comparative offer means the tenderers financial offer after all tendered parameters that will affect the
value of the financial offer have been taken into consideration in order to enable comparisons to be
made between offers on a comparative basis
corrupt practice means the offering, giving, receiving or soliciting of anything of value to influence the
action of the employer or his staff or agents in the tender process; and
fraudulent practice means the misrepresentation of the facts in order to influence the tender process or
the award of a contract arising from a tender offer to the detriment of the employer, including collusive
practices intended to establish prices at artificial levels
organization means a company, firm, enterprise, association or other legal entity, whether incorporated
or not, or a public body
quality (functionality) means the totality of features and characteristics of a product or service that bear
on its ability to satisfy stated or implied needs.
Annex F
viii
F.1.4
Communication and employers agent
Each communication between the employer and a tenderer shall be to or from the employer's agent only, and in a
form that can be readily read, copied and recorded. Communication shall be in the English language. The
employer shall not take any responsibility for non-receipt of communications from or by a tenderer. The name and
contact details of the employers agent are stated in the tender data.
F.1.5
The employers right to accept or reject any tender offer
F.1.5.1 The employer may accept or reject any variation, deviation, tender offer, or alternative tender offer, and
may cancel the tender process and reject all tender offers at any time before the formation of a contract. The
employer shall not accept or incur any liability to a tenderer for such cancellation and rejection, but will give
written reasons for such action upon written request to do so.
F.1.5.2 The employer may not subsequent to the cancellation or abandonment of a tender process or the
rejection of all responsive tender offers re-issue a tender covering substantially the same scope of work within a
period of six months unless only one tender was received and such tender was returned unopened to the
tenderer.
F.1.6
Procurement procedures
F.1.6.1 General
Unless otherwise stated in the tender data, a contract will, subject to F.3.13, be concluded with the tenderer who
in terms of F.3.11 is the highest ranked or the tenderer scoring the highest number of tender evaluation points, as
relevant, based on the tender submissions that are received at the closing time for tenders.
F.1.6.2
Competitive negotiation procedure
F.1.6.2.1 Where the tender data require that the competitive negotiation procedure is to be followed, tenderers
shall submit tender offers in response to the proposed contract in the first round of submissions. Notwithstanding
the requirements of F.3.4, the employer shall announce only the names of the tenderers who make a submission.
The requirements of F.3.8 relating to the material deviations or qualifications which affect the competitive position
of tenderers shall not apply.
F.1.6.2.2 All responsive tenderers, or not less than three responsive tenderers that are highest ranked in terms of
the evaluation method and evaluation criteria stated in the tender data, shall be invited in each round to enter into
competitive negotiations, based on the principle of equal treatment and keeping confidential the proposed
solutions and associated information. Notwithstanding the provisions of F.2.17, the employer may request that
tenders be clarified, specified and fine-tuned in order to improve a tenderer's competitive position provided that
such clarification, specification, fine-tuning or additional information does not alter any fundamental aspects of the
offers or impose substantial new requirements which restrict or distort competition or have a discriminatory effect.
F.1.6.2.3 At the conclusion of each round of negotiations, tenderers shall be invited by the employer to make a
fresh tender offer, based on the same evaluation criteria, with or without adjusted weightings. Tenderers shall be
advised when they are to submit their best and final offer.
F.1.6.2.4 The contract shall be awarded in accordance with the provisions of F.3.11 and F.3.13 after tenderers
have been requested to submit their best and final offer.
F.1.6.3
Proposal procedure using the two stage-system
F.1.6.3.1 Option 1
Tenderers shall in the first stage submit technical proposals and, if required, cost parameters around which a
contract may be negotiated. The employer shall evaluate each responsive submission in terms of the method of
evaluation stated in the tender data, and in the second stage negotiate a contract with the tenderer scoring the
highest number of evaluation points and award the contract in terms of these conditions of tender.
F.1.6.3.2 Option 2
F.1.6.3.2.1 Tenderers shall submit in the first stage only technical proposals. The employer shall invite all
responsive tenderers to submit tender offers in the second stage, following the issuing of procurement
documents.
F.1.6.3.2.2 The employer shall evaluate tenders received during the second stage in terms of the method of
evaluation stated in the tender data, and award the contract in terms of these conditions of tender.
Annex F
ix
F.2
F.2.1
Eligibility
F.2.1.1 Submit a tender offer only if the tenderer satisfies the criteria stated in the tender data and the tenderer,
or any of his principals, is not under any restriction to do business with employer.
F.2.1.2 Notify the employer of any proposed material change in the capabilities or formation of the tendering entity
(or both) or any other criteria which formed part of the qualifying requirements used by the employer as the basis
in a prior process to invite the tenderer to submit a tender offer and obtain the employer's written approval to do
so prior to the closing time for tenders.
F.2.2
Cost of tendering
Accept that, unless otherwise stated in the tender data, the employer will not compensate the tenderer for any
costs incurred in the preparation and submission of a tender offer, including the costs of any testing necessary to
demonstrate that aspects of the offer complies with requirements.
F.2.3
Check documents
Check the tender documents on receipt for completeness and notify the employer of any discrepancy or omission.
F.2.4
Confidentiality and copyright of documents
Treat as confidential all matters arising in connection with the tender. Use and copy the documents issued by the
employer only for the purpose of preparing and submitting a tender offer in response to the invitation.
F.2.5
Reference documents
Obtain, as necessary for submitting a tender offer, copies of the latest versions of standards, specifications,
conditions of contract and other publications, which are not attached but which are incorporated into the tender
documents by reference.
F.2.6
Acknowledge addenda
Acknowledge receipt of addenda to the tender documents, which the employer may issue, and if necessary apply
for an extension to the closing time stated in the tender data, in order to take the addenda into account.
F.2.7
Clarification meeting
Attend, where required, a clarification meeting at which tenderers may familiarize themselves with aspects of the
proposed work, services or supply and raise questions. Details of the meeting(s) are stated in the tender data.
F.2.8
Seek clarification
Request clarification of the tender documents, if necessary, by notifying the employer at least five working days
before the closing time stated in the tender data.
F.2.9
Insurance
Be aware that the extent of insurance to be provided by the employer (if any) might not be for the full cover
required in terms of the conditions of contract identified in the contract data. The tenderer is advised to seek
qualified advice regarding insurance.
F.2.10
Pricing the tender offer
F.2.10.1 Include in the rates, prices, and the tendered total of the prices (if any) all duties, taxes (except Value
Added Tax (VAT), and other levies payable by the successful tenderer, such duties, taxes and levies being those
applicable 14 days before the closing time stated in the tender data.
F.2.10.2 Show VAT payable by the employer separately as an addition to the tendered total of the prices.
F.2.10.3 Provide rates and prices that are fixed for the duration of the contract and not subject to adjustment
except as provided for in the conditions of contract identified in the contract data.
F.2.10.4 State the rates and prices in Rand unless instructed otherwise in the tender data. The conditions of
contract identified in the contract data may provide for part payment in other currencies.
Annex F
F.2.11
Alterations to documents
Do not make any alterations or additions to the tender documents, except to comply with instructions issued by
the employer, or necessary to correct errors made by the tenderer. All signatories to the tender offer shall initial all
such alterations. Erasures and the use of masking fluid are prohibited.
F.2.12
Alternative tender offers
F.2.12.1 Unless otherwise stated in the tender data submit alternative tender offers only if a main tender offer,
strictly in accordance with all the requirements of the tender documents, is also submitted. The alternative tender
offer is to be submitted with the main tender offer together with a schedule that compares the requirements of the
tender documents with the alternative requirements the tenderer proposes.
F.2.12.2 Accept that an alternative tender offer may be based only on the criteria stated in the tender data or
criteria otherwise acceptable to the employer.
F.2.13
Submitting a tender offer
F.2.13.1 Submit one tender offer only, either as a single tendering entity or as a member in a joint venture to
provide the whole of the works, services or supply identified in the contract data and described in the scope of
works, unless stated otherwise in the tender data.
F.2.13.2 Return all returnable documents to the employer after completing them in their entirety, either
electronically (if they were issued in electronic format) or by writing legibly in non-erasable ink.
F.2.13.3 Submit the parts of the tender offer communicated on paper as an original plus the number of copies
stated in the tender data, with an English translation of any documentation in a language other than English, and
the parts communicated electronically in the same format as they were issued by the employer.
F.2.13.4 Sign the original and all copies of the tender offer where required in terms of the tender data. The
employer will hold all authorized signatories liable on behalf of the tenderer. Signatories for tenderers proposing to
contract as joint ventures shall state which of the signatories is the lead partner whom the employer shall hold
liable for the purpose of the tender offer.
F.2.13.5 Seal the original and each copy of the tender offer as separate packages marking the packages as
"ORIGINAL" and "COPY". Each package shall state on the outside the employer's address and identification
details stated in the tender data, as well as the tenderer's name and contact address.
F.2.13.6 Where a two-envelope system is required in terms of the tender data, place and seal the returnable
documents listed in the tender data in an envelope marked financial proposal and place the remaining
returnable documents in an envelope marked technical proposal. Each envelope shall state on the outside the
employers address and identification details stated in the tender data, as well as the tenderer's name and contact
address.
F.2.13.7 Seal the original tender offer and copy packages together in an outer package that states on the outside
only the employer's address and identification details as stated in the tender data.
F.2.13.8 Accept that the employer shall not assume any responsibility for the misplacement or premature opening
of the tender offer if the outer package is not sealed and marked as stated.
F.2.13.9 Accept that tender offers submitted by facsimile or e-mail will be rejected by the employer, unless stated
otherwise in the tender data.
F.2.14
Information and data to be completed in all respects
Accept that tender offers, which do not provide all the data or information requested completely and in the form
required, may be regarded by the employer as non-responsive.
F.2.15
Closing time
F.2.15.1 Ensure that the employer receives the tender offer at the address specified in the tender data not later
than the closing time stated in the tender data. Accept that proof of posting shall not be accepted as proof of
delivery.
F.2.15.2 Accept that, if the employer extends the closing time stated in the tender data for any reason, the
requirements of these conditions of tender apply equally to the extended deadline.
Annex F
xi
F.2.16
Tender offer validity
F.2.16.1 Hold the tender offer(s) valid for acceptance by the employer at any time during the validity period stated
in the tender data after the closing time stated in the tender data.
F.2.16.2 If requested by the employer, consider extending the validity period stated in the tender data for an
agreed additional period with or without any conditions attached to such extension.
F.2.16.3 Accept that a tender submission that has been submitted to the employer may only be withdrawn or
substituted by giving the employer's agent written notice before the closing time for tenders that a tender is to be
withdrawn or substituted.
F.2.16.4 Where a tender submission is to be substituted, submit a substitute tender in accordance with the
requirements of F.2.13 with the packages clearly marked as "SUBSTITUTE".
F.2.17
Clarification of tender offer after submission
Provide clarification of a tender offer in response to a request to do so from the employer during the
evaluation of tender offers. This may include providing a breakdown of rates or prices and correction of
arithmetical errors by the adjustment of certain rates or item prices (or both). No change in the
competitive position of tenderers or substance of the tender offer is sought, offered, or permitted.
Note: Sub-clause F.2.17 does not preclude the negotiation of the final terms of the contract with a
preferred tenderer following a competitive selection process, should the Employer elect to do so.
F.2.18
Provide other material
F.2.18.1 Provide, on request by the employer, any other material that has a bearing on the tender offer, the
tenderers commercial position (including notarized joint venture agreements), preferencing arrangements, or
samples of materials, considered necessary by the employer for the purpose of a full and fair risk assessment.
Should the tenderer not provide the material, or a satisfactory reason as to why it cannot be provided, by the time
for submission stated in the employers request, the employer may regard the tender offer as non-responsive.
F.2.18.2 Dispose of samples of materials provided for evaluation by the employer, where required.
F.2.19
Inspections, tests and analysis
Provide access during working hours to premises for inspections, tests and analysis as provided for in the tender
data.
F.2.20
Submit securities, bonds, policies, etc.
If requested, submit for the employers acceptance before formation of the contract, all securities, bonds,
guarantees, policies and certificates of insurance required in terms of the conditions of contract identified in the
contract data.
F.2.21
Check final draft
Check the final draft of the contract provided by the employer within the time available for the employer to issue
the contract.
F.2.22
Return of other tender documents
If so instructed by the employer, return all retained tender documents within 28 days after the expiry of
the validity period stated in the tender data.
F.2.23
Certificates
Include in the tender submission or provide the employer with any certificates as stated in the tender data.
F.3
F.3.1
Respond to requests from the tenderer
F.3.1.1 Unless otherwise stated in the Tender Data, respond to a request for clarification received up to five
working days before the tender closing time stated in the Tender Data and notify all tenderers who drew
procurement documents.
Annex F
xii
F.3.1.2 Consider any request to make a material change in the capabilities or formation of the tendering entity (or
both) or any other criteria which formed part of the qualifying requirements used to prequalify a tenderer to submit
a tender offer in terms of a previous procurement process and deny any such request if as a consequence:
a)
b)
c)
F.3.2
an individual firm, or a joint venture as a whole, or any individual member of the joint venture fails to meet
any of the collective or individual qualifying requirements;
the new partners to a joint venture were not prequalified in the first instance, either as individual firms or as
another joint venture; or
in the opinion of the Employer, acceptance of the material change would compromise the outcome of the
prequalification process.
Issue Addenda
If necessary, issue addenda that may amend or amplify the tender documents to each tenderer during the period
from the date the tender documents are available until three working days before the tender closing time stated in
the Tender Data. If, as a result a tenderer applies for an extension to the closing time stated in the Tender Data,
the Employer may grant such extension and, shall then notify all tenderers who drew documents.
F.3.3
Return late tender offers
Return tender offers received after the closing time stated in the Tender Data, unopened, (unless it is necessary
to open a tender submission to obtain a forwarding address), to the tenderer concerned.
F.3.4
Opening of tender submissions
F.3.4.1 Unless the two-envelope system is to be followed, open valid tender submissions in the presence of
tenderers agents who choose to attend at the time and place stated in the tender data. Tender submissions for
which acceptable reasons for withdrawal have been submitted will not be opened.
F.3.4.2 Announce at the meeting held immediately after the opening of tender submissions, at a venue indicated
in the tender data, the name of each tenderer whose tender offer is opened and, where applicable, the total of his
prices, preferences claimed and time for completion for the main tender offer only.
F.3.4.3 Make available the record outlined in F.3.4.2 to all interested persons upon request.
F.3.5 Two-envelope system
F.3.5.1 Where stated in the tender data that a two-envelope system is to be followed, open only the technical
proposal of valid tenders in the presence of tenderers agents who choose to attend at the time and place stated
in the tender data and announce the name of each tenderer whose technical proposal is opened.
F.3.5.2 Evaluate the quality of the technical proposals offered by tenderers, then advise tenderers who remain in
contention for the award of the contract of the time and place when the financial proposals will be opened. Open
only the financial proposals of tenderers, who score in the quality evaluation more than the minimum number of
points for quality stated in the tender data, and announce the score obtained for the technical proposals and the
total price and any preferences claimed. Return unopened financial proposals to tenderers whose technical
proposals failed to achieve the minimum number of points for quality.
F.3.6
Non-disclosure
Not disclose to tenderers, or to any other person not officially concerned with such processes, information relating
to the evaluation and comparison of tender offers, the final evaluation price and recommendations for the award
of a contract, until after the award of the contract to the successful tenderer.
F.3.7
Grounds for rejection and disqualification
Determine whether there has been any effort by a tenderer to influence the processing of tender offers and
instantly disqualify a tenderer (and his tender offer) if it is established that he engaged in corrupt or fraudulent
practices.
F.3.8
Test for responsiveness
F.3.8.1 Determine, after opening and before detailed evaluation, whether each tender offer properly received:
a)
b)
c)
Complies with the requirements of these Conditions of Tender,

has been properly and fully completed and signed, and
is responsive to the other requirements of the tender documents.
Annex F
xiii
F.3.8.2 A responsive tender is one that conforms to all the terms, conditions, and specifications of the tender
documents without material deviation or qualification. A material deviation or qualification is one which, in the
Employer's opinion, would:
a)
detrimentally affect the scope, quality, or performance of the works, services or supply identified in
the Scope of Work,
b)
significantly change the Employer's or the tenderer's risks and responsibilities under the contract, or
c)
affect the competitive position of other tenderers presenting responsive tenders, if it were to be rectified.
Reject a non-responsive tender offer, and not allow it to be subsequently made responsive by correction or
withdrawal of the non-conforming deviation or reservation.
F.3.9
Arithmetical errors, omissions and discrepancies
F.3.9.1 Check responsive tenders for discrepancies between amounts in words and amounts in figures. Where
there is a discrepancy between the amounts in figures and the amount in words, the amount in words shall
govern.
F.3.9.2 Check the highest ranked tender or tenderer with the highest number of tender evaluation points after the
evaluation of tender offers in accordance with F.3.11 for:
a)
b)
c)
the gross misplacement of the decimal point in any unit rate;

omissions made in completing the pricing schedule or bills of quantities; or
arithmetic errors in:
i)
line item totals resulting from the product of a unit rate and a quantity in bills of quantities or
schedules of prices; or
ii)
the summation of the prices.
F.3.9.3 Notify the tenderer of all errors or omissions that are identified in the tender offer and either confirm the
tender offer as tendered or accept the corrected total of prices.
F.3.9.4 Where the tenderer elects to confirm the tender offer as tendered, correct the errors as follows:
a)
b)
F.3.10
If bills of quantities or pricing schedules apply and there is an error in the line item total resulting from
the product of the unit rate and the quantity, the line item total shall govern and the rate shall be
corrected. Where there is an obviously gross misplacement of the decimal point in the unit rate, the line
item total as quoted shall govern, and the unit rate shall be corrected.
Where there is an error in the total of the prices either as a result of other corrections required by this
checking process or in the tenderer's addition of prices, the total of the prices shall govern and the
tenderer will be asked to revise selected item prices (and their rates if bills of quantities apply) to achieve
the tendered total of the prices.
Clarification of a tender offer
Obtain clarification from a tenderer on any matter that could give rise to ambiguity in a contract arising from the
tender offer.
F.3.11
Evaluation of tender offers
F.3.11.1 General
Appoint an evaluation panel of not less than three persons. Reduce each responsive tender offer to a
comparative offer and evaluate them using the tender evaluation methods and associated evaluation criteria and
weightings that are specified in the tender data.
F.3.11.2 Method 1: Financial offer
In the case of a financial offer:
a)
b)
c)
Rank tender offers from the most favourable to the least favourable comparative offer.
Recommend the highest ranked tenderer for the award of the contract, unless there are compelling and
justifiable reasons not to do so.
Re-rank all tenderers should there be compelling and justifiable reasons not to recommend the highest
ranked tenderer and recommend the highest ranked tenderer, unless there are compelling and
justifiable reasons not to do so and the process set out in this subclause is repeated.
F.3.11.3 Method 2: Financial offer and preference

In the case of a financial offer and preferences:
Annex F
xiv
a)
b)
Score each tender in respect of the financial offer made and preferences claimed, if any, in accordance
with the provisions of F.3.11.7 and F.3.11.8.
Calculate the total number of tender evaluation points (TEV) in accordance with the following formula:
TEV= NFO + NP
where:
c)
d)
e)
NFO is the number of tender evaluation points awarded for the financial offer made in
accordance with F.3.11.7;
NP is the number of tender evaluation points awarded for preferences claimed in
accordance with F.3.11.8.
Rank tender offers from the highest number of tender evaluation points to the lowest.
Recommend the tenderer with the highest number of tender evaluation points for the award of the
contract, unless there are compelling and justifiable reasons not to do so.
Rescore and re-rank all tenderers should there be compelling and justifiable reasons not to recommend
the tenderer with the highest number of tender evaluation points, and recommend the tenderer with the
highest number of tender evaluation points, unless there are compelling and justifiable reasons not to do
so and the process set out in this subclause is repeated.
F.3.11.4 Method 3: Financial offer and quality

In the case of a financial offer and quality:
a)
b)
Score each tender in respect of the financial offer made and the quality offered in accordance with the
provisions of F.3.11.7 and F.3.11.9, rejecting all tender offers that fail to score the minimum number of
points for quality stated in the tender data, if any.
Calculate the total number of tender evaluation points (TEV) in accordance with the following formula:
TEV= NFO + NQ
where:
c)
d)
e)
NQ is the number of tender evaluation points awarded for quality offered in accordance with
F.3.11.9.
Recommend tenderer with the highest number of tender evaluation points for the award of the contract,
unless there are compelling and justifiable reasons not to do so.
the tenderer with the highest number of tender evaluation points and recommend the tenderer with the
F.3.11.5 Method 4: Financial offer, quality and preferences

In the case of a financial offer, quality and preferences:
a)
b)
Score each tender in respect of the financial offer made, preference claimed, if any, and the quality
offered in accordance with the provisions of F.3.11.7 to F.3.11.9, rejecting all tender offers that fail to
score the minimum number of points for quality stated in the tender data, if any.
Calculate the total number of tender evaluation points (TEv) in accordance with the following formula,
unless otherwise stated in the Tender Data:
TEV= NFO + NP + NQ
where:
c)
d)
e)
Np is the number of tender evaluation points awarded for preferences claimed in accordance
with F.3.11.8;
NQ is the number of tender evaluation points awarded for quality offered in accordance with
F.3.11.9.
Recommend the tenderer with the highest number of tender evaluation points for the award of the
contract, unless there are compelling and justifiable reasons not to do so.
the tenderer with the highest number of tender evaluation points and recommend the tenderer with the
Annex F
xv
F.3.11.6 Decimal places

Score financial offers, preferences and quality, as relevant, to two decimal places.
F.3.11.7 Scoring Financial Offers
Score the financial offers of remaining responsive tender offers using the following formula:
NFO = W1 x A
where:
NFO is the number of tender evaluation points awarded for the financial offer.
W1 is the maximum possible number of tender evaluation points awarded for the financial
offer as stated in the Tender Data.
A is a number calculated using the formula and option described in Table F.l as stated in the
Tender Data.
Table F.1: Formulae for calculating the value of A

Formula
Comparison aimed at achieving
Option 1
Option 2
Highest price or discount
A = (1 + (P - Pm))
Pm
A = P/Pm
Lowest
price
commission/ fee
A = (1 - (P - Pm))
Pm
A = Pm/P
or
percentage
is the comparative offer of the most favourable comparative offer.

is the comparative offer of the tender offer under consideration.
Pm
P
F.3.11.8 Scoring preferences

Confirm that tenderers are eligible for the preferences claimed in accordance with the provisions of the tender
data and reject all claims for preferences where tenderers are not eligible for such preferences.
Calculate the total number of tender evaluation points for preferences claimed in accordance with the provisions
of the tender data.
F.3.11.9 Scoring quality
Score each of the criteria and subcriteria for quality in accordance with the provisions of the Tender Data.
Calculate the total number of tender evaluation points for quality using the following formula:
NQ = W2 x SO /MS
where:
F.3.12
SO is the score for quality allocated to the submission under consideration;

Ms is the maximum possible score for quality in respect of a submission; and
W2 is the maximum possible number of tender evaluation points awarded for the quality as
stated in the tender data.
Insurance provided by the employer
If requested by the proposed successful tenderer, submit for the tenderer's information the policies and/or
certificates of insurance which the conditions of contract identified in the contract data, require the employer to
provide.
F.3.13
Acceptance of tender offer
Accept the tender offer, if in the opinion of the employer, it does not present any unacceptable commercial risk
and only if the tenderer:
a)
is not under restrictions, or has principals who are under restrictions, preventing participating in the
employer's procurement,
Annex F
xvi
b)
e)
f)
can, as necessary and in relation to the proposed contract, demonstrate that he or she possesses the
professional and technical qualifications, professional and technical competence, financial resources,
equipment and other physical facilities, managerial capability, reliability, experience and reputation,
expertise and the personnel, to perform the contract,
has the legal capacity to enter into the contract,
is not insolvent, in receivership, bankrupt or being wound up, has his affairs administered by a court or a
judicial officer, has suspended his business activities, or is subject to legal proceedings in respect of any
of the foregoing,
complies with the legal requirements, if any, stated in the tender data, and
is able, in the opinion of the employer, to perform the contract free of conflicts of interest.
F.3.14
Prepare contract documents
c)
d)
F.3.14.1 If necessary, revise documents that shall form part of the contract and that were issued by the employer
as part of the tender documents to take account of:
a)
b)
c)
addenda issued during the tender period,

inclusion of some of the returnable documents,
other revisions agreed between the employer and the successful tenderer.
F.3.14.2 Complete the schedule of deviations attached to the form of offer and acceptance, if any.
F.3.15
Complete adjudicator's contract
Unless alternative arrangements have been agreed or otherwise provided for in the contract, arrange for both
parties to complete formalities for appointing the selected adjudicator at the same time as the main contract is
signed.
F.3.16
Notice to unsuccessful tenderers
F.3.16.1 Notify the successful tenderer of the employers acceptance of his tender offer by completing and
returning one copy of the form of offer and acceptance before the expiry of the validity period stated in the tender
data, or agreed additional period.
F.3.16.2 After the successful tenderer has been notified of the employers acceptance of the tender, notify other
tenderers that their tender offers have not been accepted.
F.3.17
Provide copies of the contracts
Provide to the successful tenderer the number of copies stated in the Tender Data of the signed copy of the
contract as soon as possible after completion and signing of the form of offer and acceptance.
F.3.18
Provide written reasons for actions taken
Provide upon request written reasons to tenderers for any action that is taken in applying these conditions of
tender, but withhold information which is not in the public interest to be divulged, which is considered to prejudice
the legitimate commercial interests of tenderers or might prejudice fair competition between tenderers.
Annex F
xvii
T1.1
Pages
Tender Notice and Invitation to Tender.................................................. 2
T1.2
Tender Data ........................................................................................4 18
Tender
T1
Tendering procedures
CITY OF CAPE TOWN

T1.1 Tender Notice and Invitation to Tender

The CITY OF CAPE TOWN, TRANSPORT ROADS AND STORMWATER, invites tenders for TENDER NO.
25G/2009/10: DESIGN, SUPPLY, DELIVERY, INSTALLATION, TESTING, COMMISSIONING AND
MAINTENANCE OF THE IRT CONTROL CENTRE HARDWARE AND SOFTWARE SYSTEMS
Tenderers must be registered on the Western City of Cape Towns SAP Vender Database.
Tenderers who are not registered on the City of CapeTowns Database are not precluded from submitting
tenders, but must be registered prior to the evaluation of tenders in order for their tenders to be responsive.
Preferences are offered to tenderers who tender a contract participation goal in respect of Historically
Disadvantaged Individuals (HDI) Participation.
The physical address for collection of tender documents is:
Tender Office, 5th Floor, Tower Block, Civic Centre, 12 Hertzog Boulevard, Cape Town.
Documents may be collected during working hours between 08:30 13:00 and 14:00 16:00 from Friday, 17
July 2009.
A non-refundable tender deposit of R100.00 payable by crossed cheque made out in favour of the City of Cape
Town, is required on collection of the tender documents.
Queries relating to the issue of these documents may be addressed to Mr Alan Mark van Heerden, Tel No. (021)
400 2505, Fax No. 021 419 7659, email Alan.vanHeerden@capetown.gov.za.
A non-compulsory clarification meeting with representatives of the Employer will take place at the offices of
Webber Wentzel15th Floor, Convention Tower, Heerengracht, Foreshore, Cape Town on Monday, 27 July 2009
starting at 10:00.
The closing time for receipt of tenders is 10:00 on Friday 21 August 2009.
Telegraphic, telephonic, telex, facsimile, e-mail and late tenders will not be accepted.
Tenders may only be submitted on the tender documentation that has been issued.
Requirements for sealing, addressing, delivery, opening and assessment of tenders are stated in the Tender
Data.
Tender
T1.1
Tender Notice and Invitation to Tender
CITY OF CAPE TOWN

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

Address: Webber Wentzel15th Floor, Convention Tower, Heerengracht, Foreshore, Cape Town, 8001P O Box
3667, Cape Town, 8000. Phone: +27 21 431 7000.
Parking will be made available for tenderers in the Convention Centre's Parking Area 3. Those tenderers who
wish to make use of the provided parking facilities, should access Convention Tower through Parking Area 3 of
the Convention Centre.
Tender
T1.2
Tender Data
CITY OF CAPE TOWN

T1.2 Tender Data

The conditions of tender are the Standard Conditions of Tender as contained in Annex F of Board Notice 12 of
2009 in Government Gazette No. 31823 of 30 January 2009, Construction Industry Development Board (CIDB)
Standard for Uniformity in Construction Procurement (see www.cidb.org.za), which are reproduced without
amendment or alteration for the convenience of tenderers as an Annex to this Tender Document attached to
page viii.
The Standard Conditions of Tender make several references to the Tender Data for details that apply specifically
to this tender. The Tender Data shall have precedence in the interpretation of any ambiguity or inconsistency
between it and the standard conditions of tender. Each item of data given below is cross-referenced to the clause
in the Standard Conditions of Tender to which it mainly applies.
The following variations, amendments and additions to the Standard Conditions of Tender as set out in
the Tender Data below shall apply to this tender:
Clause
number
Tender Data
F.1
General
F.1.1
Actions
Add the following:
For the purpose of the tender adjudication and award of the contract the Employer is the City of
Cape Town, represented by the Executive Director: Transport Roads and Stormwater.
The City of Cape Town is in the process of establishing the Cape Town Public Transport Entity,
a municipal entity established in terms of the Municipal Systems Act, Act 32 of 2000, to undertake
the administration of public transport services on its behalf in the City of Cape Town. On the
establishment of the Cape Town Public Transport Entity it will take over the responsibilities of
Employer in terms of this contract independently of the City of Cape Town through a cession of the
contract from the City of Cape Town to the Cape Town Public Transport Entity.
If on the date of award of the contract the Cape Town Public Transport Entity is already legally
constituted and has the capacity to do so it will act as the Employer and will conclude the
agreement with the successful tenderer. It will thereafter perform duties as the Employer.
F.1.2
Tender Documents
Add the following:
The following documents form part of this tender:
VOLUME 1:
The Conditions of Contract for Plant and Design-Build for Electrical and
Mechanical Works and for Building and Engineering Works Designed by the
Contractor, First Edition 1999 (Yellow Book), available separately from the
International Federation of Consulting Engineers (FIDIC).
This publication is available and tenderers must obtain copies at their own cost
from the South African Institution of Civil Engineering (SAICE) (tel 011 805 5947)
or the South African Association of Consulting Engineers (SAACE) (tel
011 463 2022).
Volume 1 may also be inspected, by appointment, at the offices of the Employer/Employers Agent
during normal office hours.
The tender documents issued by the Employer comprise:
VOLUME 2A: The returnable portion of the Tender Document (this document), in which is bound:
Tender
T1.2
Tender Data
The Tender
T1.1 Tender notice and invitation to tender
T1.2 Tender data
Part T2: Returnable Documents
T2.1 List of returnable documents
T2.2 Returnable schedules
The Contract
C1.1 Form of offer and acceptance
C1.2 Contract data
C1.3 Form of Performance Security - Demand Guarantee
C1.4 Occupational Health and Safety Agreement
Part C2: Pricing Data
C2.1 Pricing instructions
C2.2 Bills/Schedules of Quantities
VOLUME 2B:
The balance of the Tender Document, in which is bound:
Part C3: Scope of Work
C3.1 Description of the Works
C3.2 Engineering Design
C3.3 Installation of Works
C3.4 Testing and Commissioning
C3.5 Training
C3.6 Project Management
C3.7 Maintenance and upgrades
C3.8 Detailed Specifications: General
C3.9 Detailed Specifications: Onboard Systems
C3.10 Detailed Specifications: Control Centre
C3.11 Detailed Specifications: Smart Trunk Station
C3.12 Detailed Specifications: Smart Feeder Station
C3.13 Detailed Specifications: Bus Depots
C3.14 Detailed Specifications: Communication
C3.15 Detailed Specifications: Maintenance
C3.16 Detailed Specifications: Operations
C3.17 Glossary
Part C4: Site information
C4.1 Overview of System
C4.2 The proposed IRT System (Phase 1)
C4.3 Services Types
C4.4 Future Phases of the IRT System
C4.5 Description of Business Model
C4.6 ITS to be provided by Control Centre Contract
C4.7 Communication
C4.8 Drawings and Details
Volume 2A is deemed the Returnable Documents which must be returned to the Employer in
terms of submitting a tender offer. Volume 2B is non-returnable.
F.1.4
Communication and Employers Agent

Add the following:
Attention is drawn to the fact that verbal information, given by the Employer/Employers Agent
during site visits/clarification meetings or at any other time prior to the award of the Contract, will
not be regarded as binding on the Employer. Only information issued formally by the Employer in
writing to tenderers will be regarded as amending the Tender Documents.
The Employers Agent, for the purposes of any communication between the Employer and
tenderer, is represented by:
Dr Christoff Krogscheepers
ITS Engineers
Postnet Suite 127
Private Bag X7
Tyger Valley
7536
Tel No. (021) 948 7106
Fax No. (021) 948 7098
Email christoff@itse.co.za.
Tender
T1.2
Tender Data
F.2
F.2.1
Eligibility
Add the following to F.2.1.1:
Only those tenderers who satisfy the following criteria are eligible to submit tenders:
F.2.1.1.1
City of Cape Town (CoCT) SAP Vendor Database Registration

Only those tenderers who are registered on the City of Cape Towns SAP Vendor Database as a
service provider prior to the evaluation of submissions are eligible to have their tenders evaluated.
The Employer will only enter into a formal contract with a tenderer who is registered on the City of
Cape Towns SAP Vendor Database. In the case of Joint Venture partnerships this requirement will
apply individually to each party of the Joint Venture.
Tenderers who wish to register on the City of Cape Towns SAP Vendor Database may collect
th
registration forms from the Manager: Supplier Management, 8 Floor, Civic Centre (Tel 021
400 4413).
F.2.1.1.2
Completion of information on the tendering entity

The tenderer must submit information as indicated below. Employer will use this information,
supplemented by other information provided by the tenderer, to evaluate and score quality of
tenders.
Experience of South African component of tendering entity
The design and implementation experience of the local South African component of tenderers
resources on similar projects must be appended to Schedules 3 and 4 Part T2.2 Returnable
Schedules.
Experience of Overseas component of tendering entity
The design and implementation experience that the overseas component of tenderers resources
has had on similar projects must be appended to Schedules 3 and 4, Part T2.2 Returnable
Schedules.
Split of work between local and overseas professional staff components
The tender must submit an assessment of the extent of the design and implementation functions
that will be undertaken by professional staff resources originating from the tenderers South African
and overseas components. These should be provided in man-hours of key professional staff,
support staff and any other human resources must in addition be provided. The figures should
include tenderers own resources, either as a sole entity or a joint venture, and any sub-contractors.
The analysis must be completed in Schedule 5, Part T2.2 Returnable Schedules.
Split of projected contract claims between local and overseas
The tender must submit an assessment of the projected contract claims in Rands for resources that
will be acquired from the tenderers South African and overseas components respectively. These
should be provided for (i) human resources and (ii) for equipment, parts and software to be
purchased for installation. The figures should include the tenderers own resources, either as a sole
entity or a joint venture, and any sub-contractors.
The analysis must be appended to Schedule 5, Part T2.2 Returnable Schedules.
Work Plan
The tenderer must append a work plan as part of the Schedule 9, Part T2.2 Returnable Documents.
The document will be used to provide evidence that the tenderer has a sound understanding of the
Scope of Work and how this will be applied in the Contract. During the evaluation process
described under F.3.11.9 scores for Quality will be assigned based on the clarity, logic and proof
that the tenderer will be able to discharge his obligations. The Work Plan should include concepts
of the design of the system and should be drafted for reading by persons not necessarily qualified in
the electronics field. The Work Plan including timeline information should not exceed 25 A4 pages
in 11-pitch Arial or equivalent.
F.2.1.1.3
Key Personnel
Abbreviated Curriculum Vitae each the Key professional Personnel listed below and all Support
Personnel (including those provided by sub-contractors), limited to two A4 pages and including a
photograph, must be submitted as part of Schedule 7, Part T2.2: Returnable Schedules. Full
Curriculum Vitae may in addition be appended to Schedule 7.
The term professional as used above refers to a person who is registered with a recognized
institution or council. The proof of qualifications and registration numbers of these key professional
Tender
T1.2
Tender Data
personnel must be indicated on the Curriculum Vitae.

The tenderer must include an undertaking that it will have the key personnel listed below in its
permanent employment at the close of tender. Alternatively, a signed undertaking from a specialist
consultant/firm having the required personnel, stating that they will undertake the necessary work on
behalf of the tenderer in terms of a sub-consultant agreement, will be acceptable. Such undertaking
must be attached to Schedule 8, Part T2.2 Returnable Schedules.
Contractors representative
The Contractors representative as defined in Clause 1.1.2.5 of the Conditions of Contract and to be
appointed to undertake the Contract on behalf of the tenderer must have at least fifteen (15) years
experience with leading the design and/or implementation process of a similar system contemplated
in the tender, and must be a professional project manager or engineer registered with a recognized
professional South African or overseas institution of council. The person to be appointed as
Contractors Representative must lead the tendering entitys submission of the tender.
Lead design professional
The lead design professional must have at least ten (10) years experience with leading the design
process of a similar system contemplated in the tender, and must be a professional electrical or
electronics engineer registered with a recognized professional South African or overseas tertiary
institution.
Lead installation professional
The lead implementation professional must have at least ten (10) years experience with leading the
installation process of a similar system contemplated in the tender, and must be a professional
electrical or electronics engineer registered with a recognized professional South African or
overseas body. The lead installation professional may also undertake the tasks required of the lead
design professional.
Operations Manager
The Operations Manager must have at least ten (10) years experience with managing of a similar
system contemplated in the tender, or can demonstrate that he has the competency to undertake
the function. He/she must be registered with a recognized professional South African or overseas
body in a discipline that is compatible with the function, which should be one of the technical
sciences. The lead installation professional may also undertake the tasks required of the lead
design professional or lead installation professional.
Maintenance Manager
The Maintenance Manager must have at least ten (10) years experience with maintaining, installing
or developing a similar system contemplated in the tender, and must be a professional electrical or
electronics engineer registered with a recognized professional South African or overseas body. The
Maintenance may also undertake the tasks required of the lead design professional or lead
installation professional.
F.2.1.1.4
Minimum number of points for Quality

In order to be considered for an appointment in terms of this tender, tenderers must achieve the
minimum number of evaluation points for quality as stated in F.3.11.9.
F.2.7
Clarification meeting
Add the following:
Arrangements for the clarification meeting will be as stated in the Tender Notice and Invitation to
Tender.
The clarification meeting will not be compulsory.
F.2.12
F.2.12.1
Alternative tender offers

The Tenderer may submit alternative tenders which alter the Scope of the Works and which in his
opinion are suitable and advantageous to the Employer. The Employer/Employers Agent will
examine such proposals but shall not be bound to accept any such tenders.
All such alternative tenders shall be fully detailed and submitted on separate complete sets of
Tender Documents and shall be clearly marked as alternative tenders. All alternative tenders shall
be accompanied by a covering letter clearly stating where the alternative tender differs from the
Tender.
No alternative tender will be considered unless a Tender free of qualifications and strictly on the
basis of the Tender Documents is also submitted.
Tender
T1.2
Tender Data
All proposed technical characteristics as well as the modified Pricing Data shall be submitted with
the alternative tender in order to allow the Employer/Employers Agent to fully evaluate the offer and
identify any deviation from specified requirements.
If subsequently required, the Tenderer shall submit fully detailed drawings and calculations of the
alternative tender in the form set out by the Employer/Employers Agent.
Tenderers are required to indicate alternative tender offers in Schedule 21: Alterations/
Amendments by Tenderer in T2.2 Returnable Schedules.
F.2.12.2
If a tenderer submits tenders for both this Tender and Tender no. 24G/2009/10 for the Design,
Supply, Delivery, Installation, Testing, Commissioning, and Maintenance of the IRT Automated
Fare Collection Hardware and Software, and Provision of Certain Related Services, any price
discounts that the tenderer wishes to include in its offer to the Employer in the event of the tenderer
being awarded both such tenders, shall be submitted by the tenderer under each such tender as an
alternative tender.
F.2.13
Submitting a tender offer

F.2.13.1
i)
Deviations
Where the Tenderer cannot tender in all respects in accordance with the foregoing provisions, such
deviations shall be clearly and separately listed in Schedule 21: Deviations and Qualifications by
Tenderer in T2.2 Returnable Schedules, or in a Tenderers covering letter.
The Employer/Employer, through his Agent, will examine such deviations but shall not be bound to
accept any such deviations or qualifications.
The sum tendered in the Tender Offer shall be deemed to include for all such deviations or
qualifications listed or referred to in Schedule 21: Deviations and Qualifications by Tenderer.
Deviations which are contained in literature, detailed or general descriptions, drawings, equipment
lists, etc. provided with the Tender but which are not clearly and separately listed as described
above will not be accepted by the Employer and the Tender shall be deemed to comply in all
respects with the foregoing provisions and all costs in this regard shall be for the Contractor's
account.
ii)
Options
The Tenderer may submit options for alternative materials or equipment to that specified for any of
the items in the Schedules of Quantities, which in his opinion are suitable and advantageous to the
Employer. The Employer/Employer through his Agent, will examine such options but shall not be
bound to accept any such options.
Such options shall be offered as separately priced items in a Tenderers covering letter which must
accompany the Tender under the heading Options. Such options shall NOT be listed in Schedule
21: Alterations/Amendments by Tenderer.
The sum tendered in the Tender Offer shall be deemed to exclude all such Options.
F2.13.2

Note that Volume 2B is a non-returnable document but will form part of the Contract agreement.
F.2.13.3

Parts of each tender offer communicated on paper shall be submitted as an original, plus 0
(nought) copies, unless otherwise stated in the Tender Document.
F.2.13.4
Add the following after the first sentence of F.2.13.4:

The tender shall be signed by a person duly authorised to do so. Tenders submitted by joint
ventures of two or more firms shall be accompanied by the document of formation of the joint
venture, authenticated by a notary public or other official deputed to witness sworn statements, in
which is defined precisely the conditions under which the joint venture will function, its period of
duration, the persons authorised to represent and obligate it, the participation of the several firms
forming the joint venture, and any other information necessary to permit a full appraisal of its
functioning.
Tender
T1.2
Tender Data
F.2.13.5
The Employers address for delivery of tender offers and identification details to be shown on each
tender offer package are:
Location of tender box:
Physical address:
Identification details:
Tender Box 58.

Tender Office, 5th Floor, Tower Block, Civic Centre,
12 Hertzog Boulevard, Cape Town.
Tender number 25G/2009/10
Title of tender: Design, Supply, Delivery, Installation, Testing,
Commissioning and Maintenance of the IRT Control Centre
Hardware and Software Systems
Sealed tenders with the Tenderers name and address and the endorsement TENDER NO.
25G/2009/10: DESIGN, SUPPLY, DELIVERY, INSTALLATION, TESTING, COMMISSIONING
AND MAINTENANCE OF THE IRT CONTROL CENTRE HARDWARE AND SOFTWARE
SYSTEMS" on the envelope, must be placed in the appropriate official tender box at the
abovementioned address.
F.2.13.6
F.2.15
F.2.15.1

Two-envelope procedure
A two-envelope procedure will not be followed.
Closing time
The closing time for submission of tender offers is as stated in the Tender Notice and Invitation to
Tender.
Telephonic, telegraphic, telex, facsimile or e-mailed tender offers will not be accepted.
F.2.16
F.2.16.1
Tender offer validity

The tender offer validity period is 120 days.
F.2.17
Clarification of tender offer after submission

Add the following:
A tender will be rejected as non-responsive if the Tenderer fails to provide any clarification
requested by the Employer within the time for submission stated in the Employers written request
for such clarification. A tender will also be rejected as non-responsive if the Tenderer fails, within
the stated number of days of having been notified in writing by the Employer, to comply with the
requirements of F.4.4.
F.2.18
Provide other material

Provide, where the tendered amount inclusive of VAT exceeds R10 million:
i)
audited annual financial statements for 3 years, or for the period since establishment if
established during the last 3 years, if required by law to prepare annual financial statements
for auditing;
ii)
a certificate signed by the tenderer certifying that the tenderer has no undisputed
commitments for municipal services towards a municipality or other service provider in
respect of which payment is overdue for more than 30 days;
iii)
particulars of any contracts awarded to the tenderer by an organ of state during the past five
years, including particulars of any material non-compliance or dispute concerning the
execution of such contract;
iv)
a statement indicating whether any portion of the goods or services are expected to be
sourced from outside the Republic, and, if so, what portion and whether any portion of
payment from the municipality or municipal entity is expected to be transferred out of the
Republic.
F.2.18.1
Each party to a Consortium/Joint Venture shall submit separate certificates/statements in the above
regard.
F.2.23
Certificates
Add the following:
The tenderer is required to submit the following:
F.2.23.1
Tax Clearance Certificate

Tenderers that are local South African companies and South African companies that form part of a
joint venture shall be registered and in good standing with the South African Revenue Service
(SARS) and shall submit documentary evidence in the form of an original valid Tax Clearance
Tender
T1.2
Tender Data
Certificate issued by SARS or proof that he or she has made arrangements with SARS to meet his
or her outstanding tax obligations.
Each party to a Consortium/Joint Venture that is a South African entity shall submit a separate Tax
Clearance Certificate, or proof that he or she has made the necessary arrangements with SARS.
F.2.23.2
Bargaining Council Certificate

Where applicable, a certificate of compliance issued by the relevant Bargaining Council.
Each party to a Consortium/Joint Venture shall submit separate certificates in the above regard.
F.3
F.3.4
F.3.4.1

Opening of tender submissions
The time and location for opening of the tender offers is:
Time: Tenders will be opened immediately after the closing time for receipt of tenders as stated in
the Tender Notice and Invitation to Tender, or as stated in any Addendum extending the closing
date.
th
Location: Tender Office, 5 Floor, Tower Block, Civic Centre, 12 Hertzog Boulevard , Cape Town.
F.3.8
Test for responsiveness

Add the following:
Tenders will be considered non-responsive if, inter alia:
the tender is not in compliance with the Scope of Work and the Technical Specifications set
out in Part C3;
the tenderer is not registered on the City of Cape Towns SAP Vendor Database prior to the
evaluation of submissions;
the tenderer has failed to clarify or submit any supporting documentation within the time for
submission stated in the employers written request.
F.3.11
Evaluation of tender offers
F.3.11.1
General
Add the following:
In terms of Councils current Supply Chain Management Policy this project has been identified as a
Major Project (over R2 000 000,00) targeting enterprises with equity ownership by Historically
Disadvantaged Individuals (HDIs) performing as prime contractors, joint venture partnerships, subcontractors, suppliers, manufactures, and/or service providers.
As the Project Works required for this tender is considered to be of a complex nature, requiring
considerable expertise with respect to the specialized processes, controls and equipment specified
in the scope of work, it is considered essential that Tenderers should be suitably qualified and
experienced and have the necessary capability and resources. The procedure for the evaluation of
responsive tenders therefore, is Method 4: Financial offer, quality and preferences.
F.3.11.5
Method 4: Financial offer, quality and preferences

Replace F.3.11.5 b) with the following:
The procedure for the evaluation of responsive tenders is Method 4. The total score for financial
offer, quality and preference will be calculated as follows:
NT
WC + NP where,
NT
WC
NP
=
=
=
Total Score awarded to the tenderer under consideration (max 100),

Score for quality and financial offer (max 90),
Score for preference (max 10),
and where
WC = W3 x [1 + (S Sm)] where,
Sm
W3
Tender
the number of tender evaluation points available for quality and financial
offer and equals 90,
the sum of percentage scores for quality and financial offer of the
submission under consideration,
10
T1.2
Tender Data
Sm
the sum of percentage scores for quality and financial offer of the
submission scoring the highest number of points.
Add the following:

f) If, after tenders have been brought to a comparative level, two or more tenders score equal
total evaluation points, the recommended tenderer shall be the one scoring the highest
preference points.
F.3.11.7
Scoring financial offers

Replace F.3.11.7 with the following:
The formula for calculating the value of A shall be Formula 2 (Option 2).
The score for financial offer is calculated using the following formula for each responsive tender
under consideration:
NFO = W1 x A where,
NFO = the percentage score achieved for financial offer,
W1 = the percentage score given to financial offer and equals 55,
and where
Pm =
P =
F.3.11.8
Pm
P
where,
the comparative offer of the most favourable tender offer,

the comparative offer of the tender offer under consideration.
Scoring Preferences
Add the following:
Points will be awarded to tenderers who complete the following Preferencing Schedule which is
included in T2.2 : Returnable Schedules:
Schedule 15: Preferencing Schedule (where preferences are granted in respect of HDI
Participation) and attached Annex A
Points for Preference
A maximum of 100 minus (WC) tender evaluation points will be awarded for preference (NOP) with
responsive tenders scoring points in accordance with the criteria listed below.
HDI Participation
A maximum of 10 tender evaluation points (NOP) will be awarded for HDI Participation with
responsive tenders under consideration scoring points according to the formula:
NP
NOP
Where NP
NOP
CPG1
=
=
=
CPG1
100
number of tender evaluation points awarded for HDI participation
10
tendered Contract Participation Goal in respect of HDI Participation (from
Schedule 15)
The conditions associated with the granting of preferences in respect of HDI Participation
(described in the Preferencing Schedule) shall apply to this Contract.
F.3.11.9
Scoring quality (functionality)

Replace F.3.11.9 with the following:
The score for quality is to be calculated using the following formula for each responsive tender
under consideration :
WQ
WQ
W2
SO
MS
=
=
=
=
W2 x SO
where,
MS
the percentage score achieved for quality,
the percentage score given to quality and equals 45,
the score for quality allocated to the submission under consideration,
the maximum possible score for quality in respect of a submission (50 points).
IMPORTANT NOTE: Tenderers that receive a score for SO of 40 or less quality points will be
excluded from further participation in the evaluation process.
F.3.11.9.1
Composition of the Tendering Entity as input to award of quality points

South African registered company and established office
Tender
11
T1.2
Tender Data
The entity or at one of the participants of a joint venture constituting the entity submitting a tender,
should preferably, at the date of submission of the tender, have a company registered in South
Africa. The tendering entity or one of its participants must at the date of award of the contract, have
an established office through which all communication with the Employer will flow, and where a
significant portion of design work and all aspects of administration of the contract and its
implementation in terms of the contract will be carried out. The address of the local office, if
established at the time of tender submission, must be indicated on Schedule 1, Part T2.2:
Returnable Schedules, and which will be regarded as the domicilium citandi et executandi for the
purposes of any contract arising from this tender submission. In the case where the address of a
local office is not available at the time of tender submission the tenderer is to provided his overseas
address.
The tenderer is required under Clause F.1.1.2 to submit information on the experience of the local
South African component of tenderers resources on similar projects to be appended to Schedules 3
and 4 Part T2.2 Returnable Schedules.
Overseas component of tendering entity
Tenderers are encouraged to secure an overseas component having proven experience on similar
systems already in operation, to form part of the tendering entity.
The tenderer is required under Clause F.1.1.2 to submit information on the experience that the
overseas component of tenderers resources has had on similar projects to be appended to
Schedules 3 and 4, Part T2.2 Returnable Schedules.
Split of work between local and overseas professional staff components
The tender is required to submit an assessment of the extent of the design and implementation
functions that will be undertaken by professional staff resources originating from the tenderers
South African and overseas components. These are to be provided in man-hours of key
professional staff, support staff and any other human resources must in addition be provided. The
figures include tenderers own resources, either as a sole entity or a joint venture, and any subcontractors.
The tenderer is required under Clause F.1.1.2 to submit information on the analysis to be appended
to Schedule 5, Part T2.2 Returnable Schedules.
Split of contract claims between local and overseas
The tender is required to submit an assessment of the projected contract claims in Rands for
resources that will be acquired from the tenderers South African and overseas components
respectively. These are to be provided for (i) human resources and (ii) for equipment, parts and
software to be purchased for installation. The figures should include the tenderers own resources,
either as a sole entity or a joint venture, and any sub-contractors.
The tenderer is required under Clause F.1.1.2 to submit information on the analysis to be appended
to Schedule 5, Part T2.2 Returnable Schedules.
F.3.11.9.2
Criteria for awarding of quality points

The table below will be used by the Bid Evaluation Committee to determine the score for quality
allocated to the submission under consideration, that score being SO = S1 + S2 + S3 + S4 + S5 + S6 +
S7.
Item
Subcriteria
1
1.1
S1
1.2
S2
2
2.1
2.2
2.3
2.4
S3
S4
S5
S6
Tender
Description
Experience of tenderer through evidence of having
undertaken similar work and having resources and
skills available for the project
Establishment, qualifications and demonstration of
experience and professional capacity in South Africa in
relation to the scope of work
International experience and capacity outside South
Africa and which will complement the tenderers
capability in relation to the scope of work
Work Plan: quality of technical proposal, technical merit
and response to the proposed scope of work/project
design/implementation under headings below
Bus scheduling and tracking systems
Passenger information systems
CCTV communication systems
Control centre
12
Maximum
score
10
10
5
5
5
5
T1.2
Tender Data
S7
Demonstration of a working model proving functionality

of system being offered to meet objectives and scope
of work
10
MS
Total maximum quality score summation of S1 S7
50
The minimum SO score for quality is 40. Tenderers that fail to achieve the minimum score for
quality will be rejected.
Where the entity tendering is a Joint Venture the tender must be accompanied by a statement
describing exactly what aspects of the work will be undertaken by each party to the joint venture
(appended to Schedule 2, Part T2.2: Returnable Schedules).
A more detailed explanation of the quality criteria to be applied during the evaluation of tenders is
given below:
Item 1: Experience of tenderer through evidence of having undertaken similar work and
having resources and skills available for the project S1 and S2
Tenders will be evaluated based on the proven experience of the tenderer on other successful
projects of the same or similar type as that forming this Contract. Sub-criterion S1 will require the
tenderer to show evidence of their establishment in South Africa, their offices and systems and the
qualifications, key professional staff and support staff that they will make available for the execution
of the design and implementation components of the project. The score will be based on the
proven capacity of the local team put forward toward contributing to the success of the project. S2
will similarly be scored based on the qualifications of key professional staff and support staff
sourced from the overseas component of the overall team.
The tenderer is required to submit a statement describing which aspects of the work will be
undertaken by the local component and the overseas component of the project team, and to
estimate the man-days of the local and overseas components of the project team that will
undertake the design and implementation components respectively. Scores assigned for subcriterion S1 will be reduced by 2 points where the component of local resources is less than 50%
and 4 points where the component of local resources is less than 33% of the total teams proposed
man-days, in accordance with the information provided in Schedule 5, Part T2.2 Returnable
Schedules.
Item 2: Work Plan: quality of technical proposal, technical merit and response to the
proposed Scope of Work/Project Design S3 to S6
The technical proposal must be included in the work plan required as part of the Schedule 9, Part
T2.2 Returnable Documents. The document will be evaluated under sub-criteria items S3 to S6
primarily to enable evidence to be scored demonstrating that the tenderer has a sound
understanding of the Scope of Work and how this will be applied in the Contract. Scores will be
assigned based on the clarity, logic and proof that the tenderer will be able to discharge his
obligations. The technical proposal should include concepts of the design of the system and
should be drafted for reading by persons not necessarily qualified in the electronics field.
Item 3: Demonstration of a working model proving functionality of system being offered to
meet objectives and scope of work S7
Tenderers will be required to demonstrate the functionality of the systems and subsystems being
offered. The objective of this part of the evaluation will be to provide the Employer with confidence
that tenderers have the expertise, capability and experience to meet the objectives, functionality
and specifications of the contract. The process of considering such examples will have a direct
bearing on the score for subcriterion S7 but will also indirectly influence the scores allocated to
other subcriteria.
The tenderer must in his tender propose the manner and process of providing the appropriate
demonstration, and will be responsible for costs of developing any prototype, model or working
system that will meet the requirements of providing the Employer with the confidence in his
capabilities. The demonstration must take place in Cape Town on a date to be made known to the
tenderer within 14 days after the submission of tenders, and should allow for a period not
exceeding 3 hours. Where the demonstration takes the form of a presentation a suitable venue will
be provided by the Employer.
F.3.11.10
Add the following new subclause:

Evaluation programme
The evaluation procedure is envisaged to be undertaken over a period not exceeding 120 days
measured from the date of submission of the tender to the date on which a decision is made by the
Employer on the tenderer that will be awarded the contract.
Tender
13
T1.2
Tender Data
F.3.11.11
Add the following new subclause:

Risk Analysis
Notwithstanding compliance with the requirements of the tender, the employer will perform a risk
analysis in respect of the following:
a) reasonableness of the financial offer
b) reasonableness of unit rates and prices
c) the tenderers ability to fulfill its obligations in terms of the tender document, that is, that the
tenderer can demonstrate that he/she possesses the necessary professional and technical
qualifications, professional and technical competence, financial resources, equipment and other
physical facilities, managerial capability, reliability, experience, reputation, personnel to perform
the contract, etc.
No tenderer will be recommended for an award unless the tenderer has demonstrated that he/she
has the resources and skills required.
F3.13
F.3.13.1
F.3.18
F.4
Acceptance of tender offer

Tender offers will only be accepted if:
a) the tenderer is registered and in good standing with the South African Revenue Service (SARS)
and has submitted evidence in the form of an original valid Tax Clearance Certificate issued by
SARS or proof that he or she has made arrangements with SARS to meet his or her
outstanding tax obligations;
b) the tenderer is registered and verified on the Western Cape Supplier Database;
c) the tenderer or any of its directors is not listed on the Register of Tender Defaulters in terms of
the Prevention and Combating of Corrupt Activities Act of 2004 as a person prohibited from
doing business with the public sector;
d) the tenderer has not:
i) abused the Employers Supply Chain Management System; or
ii) failed to pay municipal rates and taxes or service charges and such rates, taxes and
charges are in arrears for more than three months; or
iii) failed to perform on any previous contract and has been given a written notice to this
effect;
e) the tenderer has completed the Compulsory Enterprise Questionnaire and there are no
conflicts of interest which may impact on the tenderers ability to perform the contract in the
best interests of the employer or potentially compromise the tender process.
Provide copies of the contract
Add the following:
The number of paper copies of the signed contract to be provided by the Employer is one.
Additional Conditions of Tender

The additional conditions of tender are:
F.4.1
Compliance with Occupational Health and Safety Act 1993

Tenderers are to note the requirements of the Occupational Health and Safety Act No. 85 of 1993 and
the Construction Regulations 2003 issued in terms of Section 43 of the Act. The tenderer shall be
deemed to have read and fully understood the requirements of the above Act and Regulations and to
have allowed for all costs in compliance therewith.
In this regard the Tenderer shall submit with his tender, appended to Schedule 16: Health and Safety
Plan in Part T2.2 Returnable Schedules, a detailed Health and Safety Plan in respect of the Works in
order to demonstrate the necessary competencies and resources to perform the construction work all in
accordance with the Act and Regulations. Such Health and Safety Plan shall cover inter-alia the
following details:
(1) Management Structure, Site Supervision and Responsible Persons including a succession plan.
(2) Contractors induction training programme for employees, sub-contractors and visitors to the Site.
(3) Health and safety precautions and procedures to be adhered to in order to ensure compliance with
the Act, Regulations and Safety Specifications.
(4) Regular monitoring procedures to be performed.
(5) Regular liaison, consultation and review meetings with all parties.
(6) Site security, welfare facilities and first aid.
(7) Site rules and fire and emergency procedures.
Tender
14
T1.2
Tender Data
Tenderers are to note that the Contractor is required to ensure that all sub-contractors or others engaged
in the performance of the contract also comply with the above requirements.
The Contractor shall prepare and maintain a Health and Safety File in respect of the project, which shall
be available for inspection on Site at all times and handed over to the Employer on Final Completion of
the project.
The Contractor is required to submit to the Employer the Occupational Health and Safety Agreement
(included in C1.4 of the Contract Document) and a letter of good standing from the Compensation
Commissioner, or a licensed compensation insurer, within 14 days from the Commencement Date of the
contract.
F.4.2
Eligibility with respect to expanded public works programme

This Contract does not qualify for consideration as an Expanded Public Works Programme project.
F.4.3
Claims arising after submission of tender

No claim for any extras arising out of any doubt or obscurity as to the true intent and meaning of
anything shown on the Contract Drawings or contained in the Conditions of Contract, Scope of Work and
Pricing Data, will be admitted by the Employer/Employers Agent after the submission of any tender and
the Tenderer shall be deemed to have:
1)
inspected the Contract Drawings and read and fully understood the Conditions of Contract,
2)
read and fully understood the whole text of the Scope of Work and Pricing Data and thoroughly
acquainted himself with the nature of the works proposed and generally of all matters which may
influence the Contract,
3)
acquainted himself with any limitations or restrictions that may be imposed by the Municipal or other
Authorities in regard to access and transport of materials and equipment to and from the site and
made the necessary provisions for any additional costs involved thereby, and
4)
requested the Employer or his duly authorised agent to make clear the actual requirements of
anything shown on the Contract Drawings or anything contained in the Scope of Work and Pricing
Data, the exact meaning or interpretation of which is not clearly intelligible to the Tenderer.
5)
received any Addenda to the tender documents which have been issued in accordance with the
Employers Supply Chain Management Policy.
Before submission of any tender, the Tenderer should check the number of pages, and if any are found
to be missing or duplicated, or the figures or writing indistinct, or if the Pricing Data contain any obvious
errors, the Tenderer must apply to the Employer/Employers Agent at once to have the same rectified, as
no liability will be admitted by the Employer/Employers Agent in respect of errors in any tender due to
the foregoing.
F.4.4
Imbalance in tendered rates

In the event of tendered rates or lump sums being declared by the Employer to be unacceptable to it
because they are either excessively low or high or not in proper balance with other rates or lump sums,
the Tenderer may be required to produce evidence and advance arguments in support of the tendered
rates or lump sums objected to. If, after submission of such evidence and any further evidence
requested, the Employer is still not satisfied with the tendered rates or lump sums objected to, it may
request the Tenderer to amend these rates and lump sums along the lines indicated by it.
The Tenderer will then have the option to alter and/or amend the rates and lump sums objected to and
such other related amounts as are agreed on by the Employer, but this shall be done without altering the
tender offer as tendered or, if applicable, the corrected total of prices in accordance with F.3.9.3.
Should the Tenderer fail to amend his Tender in a manner acceptable to the Employer, the Employer
may reject the Tender.
F.4.5
Invalid tenders
Tenders shall be considered invalid and shall be endorsed and recorded as such in the tender opening
record, by the responsible official who opened the tender, in the following circumstances:
a)
if the tender offer is not submitted on the Form of Offer and Acceptance bound into this tender
document (form C1.1, Part C1: Agreements and Contract Data);
b)
if the tender is not completed in non-erasable ink;
c)
if the Form of Offer and Acceptance has not been signed;
d)
if the Form of Offer and Acceptance is signed, but the name of the tenderer is not stated or is
indecipherable.
Tender
15
T1.2
Tender Data
F.4.6
Negotiations with preferred tenderers

The Employer may negotiate the final terms of a contract with tenderers identified through a competitive
tendering process as preferred tenderers provided that such negotiation:
a)
does not allow any preferred tenderer a second or unfair opportunity;
b)
is not to the detriment of any other tenderer; and
c)
does not lead to a higher price than the tender as submitted.
Minutes of any such negotiations shall be kept for record purposes.
F.4.7
General supply chain management conditions applicable to tenders

In terms of its Supply Chain Management Policy the City may not consider a tender unless the provider
who submitted the tender:
a) has furnished the City with that providers:
full name;
identification number or company or other registration number; and
tax reference number and VAT registration number, if any;

b) has indicated whether:
the provider is in the service of the state, or has been in the service of the state in the previous
twelve months;
if the provider is not a natural person, whether any of the directors, managers, principal
shareholders or stakeholders is in the service of the state, or has been in the service of the
state in the previous twelve months; or
whether a spouse, child or parent of the provider or of a director, manager, share holder or
stakeholder referred to above is in the service of the state, or has been in the service of the
state in the previous twelve months.
Irrespective of the procurement process followed, the City is prohibited from making an award to a
person:
who is in the service of the state;
if the person is not a natural person, a juristic entity of which any director, manager or principal
shareholder or stakeholder is in the service of the state; or
who is an advisor or consultant contracted with the City.

In this regard, tenderers shall complete Schedule 1, Part T2.2 Returnable Schedules: Compulsory
Enterprise Questionnaire. Failure to complete this schedule may result in the tender not being
considered.
F.4.8
Combating abuse of the Supply Chain Management Policy

In terms of the Citys Supply Chain Management Policy, the Employer may reject the tender of any
tenderer if that tenderer or any of its directors has:
a) failed to pay municipal rates and taxes or municipal service charges and such rates, taxes and
charges are in arrears for more than three months;
b) failed, during the last five years, to perform satisfactorily on a previous contract with the City or any
other organ of state after written notice was given to that tenderer that performance was
unsatisfactory;
c) abused the supply chain management system of the City or has committed any improper conduct in
relation to this system;
d) been convicted of fraud or corruption during the past five years;
e) wilfully neglected, reneged on or failed to comply with any government, municipal or other public
sector contract during the past five years; or
f) been listed with the Register of Tender Defaulters in terms of section 29 of the Prevention and
Combating of Corrupt Activities Act (No. 12 of 2004) or has been listed on National Treasurys
database as a person or juristic entity prohibited from doing business with the public sector.
In this regard, tenderers shall complete Schedule 17, Part T2.2 Returnable Schedules: Declaration in
terms of the Municipal Finance Management Act. Failure to complete this schedule may result in the
tender not being considered.
F.4.9
UIF payments
The Tenderer shall submit to Council a letter from the Industrial Council indicating his good standing with
regard to UIF payments upon being requested to do so.
F.4.10
Registration with Bargaining Council

Tenderers must be registered with a relevant Bargaining Council (if such be in place) and provide the
applicable Certificate of Compliance in terms of the relevant Government Gazette.
Tender
16
T1.2
Tender Data
F.4.11
Price variations
The Contract Price shall be subject to adjustment for changes in cost in accordance with the Conditions
of Contract as amended and amplified in the Appendix to tender and Particular Conditions in Part C1.2
Contract Data.
F.4.12
Information to be provided with the tender

Tenderers must provide the information listed in Schedule 23, Part T2.2 Returnable Schedules:
Correspondence with Bus Manufacturers, with their tenders.
F.4.13
Key dates for contract programme

The Tenderers attention is drawn to the contract commencement date, time for completion of the Works,
and time for access to and procession of the Site in the Appendix to Tender in Part C1.2 Contract Data.
F.4.14
Tender documents, or parts thereof, in electronic format

The Employer shall not formally issue tender documents in electronic format as contemplated in F.2.13.2
and F.2.13.3 and shall only issue tender documents in hardcopy. An electronic version of the issued
tender documents will be made available to the tenderer on a compact disk supplied with the tender
documents, its use being subject to the following:
(a)
Electronic copies of the contract document, or parts thereof, will only be provided to tenderers
who have been issued with the tender documents as contemplated in F.1.2 in hardcopy.
(b)
The electronic version shall not be regarded as a substitute for the issued tender documents.
(c)
The Employer shall not accept tenders submitted in electronic format. Tenderers may not
complete and submit a printed copy of the electronic version of the tender document or part
thereof. Only those tenders that have been completed on the issued hard copy tender document
shall be considered.
(d)
The Employer accepts no responsibility or liability arising from any reliance on or use of the
electronic version provided in terms of this clause. The Employer further does not guarantee that
the electronic version corresponds with the issued tender documents in all respects. Tenderers
are alerted to the fact that electronic versions of the tender documents may not reflect any notices
or addenda that amend the tender document.
(e)
Any non-compliance with these provisions, including effecting any unauthorised alterations to the
tender document as contemplated in F.2.11, shall render the tender invalid. The Employer
reserves the right to take any action against such tenderer allowed in law including, in
circumstances where the tender had already been awarded, the right to cancel the contract.
(f)
In utilising the electronic version of the tender document or parts thereof, the tenderer is deemed
to have read, understood and accepted all of the above conditions.
F.4.15
F.4.15.1
Joint ventures, consortia or partnerships

Where the tenderer is an unincorporated consortium, a joint venture or a partnership, the tenderer
must append a copy of the partnership, consortium or joint venture agreement to Schedule 2, Part
T2.2: Returnable Schedules. The agreement must be properly executed and authorised by a notary
public or other official deputed to witness sworn statements and must also, as a minimum, include
provisions:
F.4.15.1.1
reflecting the full legal name, principal address or place of business, place of incorporation and
registered number of incorporation of each party to the agreement;
F.4.15.1.2
reflecting the name under which the business of the joint venture, consortium or partnership shall be
carried on;
F.4.15.1.3
nominating one member of the tenderer as the Lead Member for the purposes of this tender;
F.4.15.1.4
authorizing the Lead Member to undertake all such financial administration of the contract as may
be required for purposes of payment of the contractor by the Employer;
F.4.15.1.5
imposing joint and several liability on each of the parties to the consortium, partnership or joint
venture for all obligations in relation to this tender and, if the tenderer is successful in the tender
process, all obligations under the contract;
F.4.15.1.6
reflecting exactly what aspects of the work will be undertaken by, and the percentage of the
contribution to be made to the contract by, each party to the joint venture, consortium or partnership.
Tender
17
T1.2
Tender Data
F.4.15.2
If the successful tenderer is an unincorporated consortium or a joint venture or a partnership, the

tenderer will not be required to incorporate a separate legal entity in order to contract with the City.
The contracting party may be an unincorporated consortium or joint venture or a partnership,
provided that all the consortium or joint venture parties or the partners are jointly and severally
responsible for all obligations in the contract.
F4.16
Participation of overseas entities

Tenderers are encouraged to include participation of overseas entities with the requisite expertise
for purposes of this Tender in their tenders, either as a member(s) of the tenderer and/or as
suppliers and/or as sub-contractors.
In structuring such participation, tenderers' attention is drawn to various requirements of the tender
which apply to each member of a joint venture, consortium or partnership, such as registration on
the City's SAP Vendor Database.
F4.17
Award of tender subject to section 33 of the MFMA

The award of the Tender by the City's Bid Adjudication Committee will be subject to the Council of
the City approving the contract in terms of section 33 of the MFMA. Tenderers should be aware
that, notwithstanding the legal requirement to complete the Section 33 process in respect of this
tender, in order to meet its programme requirements the Employer/City reserves the right to award a
part of the tender prior to this process being completed, with the remainder by the Employer with
due consideration to the requirements of the applicable legislation.
Thus the tenderer should take into account the circumstances whereby there may be a delay of
some months between award of the first part of the Tender that extends for a period of three years,
followed by the award of a subsequent part of the Tender that extends for a further period beyond
three years. The initial appointed will be to supply and install the full system in phases and against
milestones after which the contractor will be required to maintain and manage the system for a
period up to three years after the initial appointment. The appointment will then terminate with an
option to reinstate the contract to allow continued maintenance and operations of the system for a
further three years.
F.4.18
Assignment
In December 2008, the City resolved, in terms of section 78(4) of the Local Government: Municipal
Systems Act No, 32 of 2000 ("the Municipal Systems Act) and subject to the outcome of the process
prescribed by section 84 of the Local Government: Municipal Finance Management Act No. 56 of
2003 ("MFMA") to support the establishment of a municipal entity (the Cape Town Public Transport
Entity or PT Entity) for the provision of certain municipal public transport services. The City has
embarked on the process prescribed by section 84 of the MFMA and anticipates being in a position
either to approve or to disapprove the establishment of the PT Entity during the second half of 2009.
If the City does establish the PT Entity, then it will consider assigning to the PT Entity (as
contemplated in section 81 of the Municipal Systems Act) various municipal public transport
responsibilities, including the responsibility to procure IRT-related contractors and to conclude
agreements with those contractors.
As at the date of issuing this Invitation to Tender, the City has not determined whether or not it will
establish an PT Entity.
If the City does establish the PT Entity, then it may wish to assign its rights and obligations under
the contract to the PT Entity. The contract will give the City the right to effect such assignment
without the consent of the Control Centre Contractor.
Tender
18
T1.2
Tender Data
T2.1
Pages
List of Returnable Documents .......................................................20 21
T2.2
Returnable Schedules .....................................................................22 70
Tender
19
T2
Returnable Documents
CITY OF CAPE TOWN

T2.1 List of Returnable Documents

The tenderer must complete the following Returnable Documents:
1.
Returnable Schedules required for tender evaluation purposes

1:
2:
3:
4:
5:
6:
7:
8:
9:
10:
11:
12:
13:
14:
15:
16:
17:
18:
2.
Other documents required for tender evaluation purposes
3.
Pages
COMPULSORY ENTERPRISE QUESTIONNAIRE .......................................................................23 - 24
CERTIFICATE OF AUTHORITY FOR JOINT VENTURES ..................................................................25
SCHEDULE OF DESIGN EXPERIENCE ......................................................................................26 27
SCHEDULE OF IMPLEMENTATION EXPERIENCE....................................................................28 29
COSTS OF STAFF AND OTHER RESOURCES FROM RSA AND OVERSEAS....................30 31
SCHEDULE OF SUBCONTRACTORS .................................................................................................32
DETAILS OF EXPERIENCE OF KEY PROFESSIONAL PERSONNEL ......................................33 37
TENDERERS UNDERTAKING TO EMPLOY KEY PROFESSIONAL PERSONNEL..........................38
WORK PLAN AND TIMELINES.............................................................................................................39
DETAILS OF TENDERERS WORKSHOP FACILITIES.......................................................................40
TAX CLEARANCE CERTIFICATE ........................................................................................................41
BARGAINING COUNCIL CERTIFICATE ..............................................................................................42
FINANCIAL STATEMENTS FOR CONTRACTS OVER R10 MILLION................................................43
PARTICULARS OF CONTRACTS AWARDED TO TENDERER DURING PAST FIVE YEARS.........44
CONFIRMATION OF REGISTRATION ON CoCT SAP VENDOR DATABASE ..................................45
HEALTH AND SAFETY PLAN...............................................................................................................46
DECLARATION IN TERMS OF THE MUNICIPAL FINANCE MANAGEMENT ACT ...........................47
CERTIFICATE FOR MUNICIPAL SERVICES AND PAYMENTS TO SERVICE PROVIDER .............48
Joint Venture Agreement (if applicable) - append to Schedule 2.

An original valid Tax Clearance Certificate issued by the South African Revenue Service attach
to Schedule 11.
Certificate of Compliance issued by the relevant Bargaining Council (if applicable) attach to
Schedule 12.
Health and Safety Plan attach to Schedule 16.
Returnable Schedules that will be incorporated into the Contract

19.
20:
21:
AUTHORISATION FOR THE DEDUCTION OF OUTSTANDING AMOUNTS OWED TO COUNCIL.49

RECORD OF ADDENDA TO TENDER DOCUMENTS (ANNEX K).....................................................50
DEVIATIONS AND QUALIFICATIONS BY TENDERER ..................................................................... 51
Preferencing Schedule
22:
PREFERENCING SCHEDULE (where preferences are granted in respect of HDI
Participation) .................................................................................................................................52 - 57
Information to be provided with the Tender
23:
CORRESPONDENCE WITH BUS MANUFACTURERS ......................................................................58
Technical Data Sheets
24:
TECHNICAL DATA SHEETS..........................................................................................................59 - 69
Price Basis for Imported Equipment (included in C2: Pricing Data)
25:
PRICE BASIS FOR IMPORTED EQUIPMENT .....................................................................................70
Tender
20
T2.1
4.
C1.1
The offer portion of the C1.1 Form of Offer and Acceptance
5.
C1.2
Contract Data (Appendix to Tender, Part 2)
6.
C2.2
Bills/Schedules of Quantities
NB:
TENDERERS MUST COMPLETE THESE SCHEDULES/DATA SHEETS/FORMS IN BLACK INK
Tender
21
T2.1
CITY OF CAPE TOWN

DESIGN, SUPPLY, DELIVERY, INSTALLATION, TESTING, COMMISSIONING AND MAINTENANCE OF
THE IRT CONTROL CENTRE HARDWARE AND SOFTWARE SYSTEMS
T2.2 Returnable Schedules
Tender
22
T2.2
CITY OF CAPE TOWN

SCHEDULE 1 : COMPULSORY ENTERPRISE QUESTIONNAIRE
The following particulars must be furnished. In the case of a joint venture, separate enterprise questionnaires in
respect of each partner must be completed and submitted.
Section 1:
Name of enterprise: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address of enterprise: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
........................................................
........................................................
Section 2:
VAT registration number, if any: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 3:
CIDB registration number, if any: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 4:
Particulars of sole proprietors and partners in partnerships
Name*
Identity number*
Personal income tax number*
* Complete only if sole proprietor or partnership and attach separate page if more than 3 partners
Section 5:
Particulars of companies and close corporations
Company registration number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Close corporation number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Tax reference number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 6: Record of service of the state
Indicate by marking the relevant boxes with a cross, if any sole proprietor, partner in a partnership or director,
manager, principal shareholder or stakeholder in a company or close corporation is currently or has been within
the last 12 months in the service of any of the following:

a member of any municipal council

a member of any provincial legislature
a member of the National Assembly or the
National Council of Province
a member of the board of directors of any
municipal entity
an official of any municipality or municipal
entity

an employee of any provincial department, national

or provincial public entity or constitutional institution
within the meaning of the Public Finance
Management Act, 1999 (Act 1 of 1999)
a member of an accounting authority of any
national or provincial public entity
an employee of Parliament or a provincial
legislature
If any of the above boxes are marked, disclose the following:
Tender
23
T2.2
Name of sole proprietor,

partner, director, manager,
principal
shareholder
or
stakeholder
Name of institution, public office, board

or organ of state and position held
Status of service
(tick appropriate column)
current
Within last
12 months
*insert separate page if necessary
Section 7: Record of spouses, children and parents in the service of the state
Indicate by marking the relevant boxes with a cross, if any spouse, child or parent of a sole proprietor, partner in
a partnership or director, manager, principal shareholder or stakeholder in a company or close corporation is
currently or has been within the last 12 months been in the service of any of the following:

a member of any municipal council

a member of any provincial legislature
a member of the National Assembly or
the National Council of Province
a member of the board of directors of
any municipal entity
an official of any municipality or
municipal entity
Name of spouse, child or

parent

an employee of any provincial department, national

or provincial public entity or constitutional institution
within the meaning of the Public Finance
Management Act, 1999 (Act 1 of 1999)
a member of an accounting authority of any national
or provincial public entity
an employee of Parliament or a provincial legislature
Name of institution, public office, board

or organ of state and position held
Status of service
(tick appropriate
column)
current Within last
12 months
*insert separate page if necessary
The undersigned, who warrants that he/she is duly authorised to do so on behalf of the enterprise:
i) authorizes the Employer to obtain a tax clearance certificate from the South African Revenue Services that
my/our tax matters are in order;
ii) confirms that the neither the name of the enterprise or the name of any partner, manager, director or other
person, who wholly or partly exercises, or may exercise, control over the enterprise appears on the Register
of Tender Defaulters established in terms of the Prevention and Combating of Corrupt Activities Act of 2004;
iii) confirms that no partner, member, director or other person, who wholly or partly exercises, or may exercise,
control over the enterprise appears, has within the last five years been convicted of fraud or corruption;
iv) confirms that I/we are not associated, linked or involved with any other tendering entities submitting tender
offers and have no other relationship with any of the tenderers or those responsible for compiling the scope of
work that could cause or be interpreted as a conflict of interest;
v) confirms that the contents of this questionnaire are within my personal knowledge and are to the best of my
belief both true and correct.
SIGNED ON BEHALF OF TENDERER:
Tender
.............................................
24
T2.2
CITY OF CAPE TOWN

SCHEDULE 2 : CERTIFICATE OF AUTHORITY FOR JOINT VENTURES

This returnable schedule is to be completed by joint ventures.
We, the undersigned, are submitting this tender offer in joint venture and hereby authorize
Mr/Ms .............................................., authorised signatory of the company,
close corporation or partnership ...., acting in the
capacity of lead partner, to sign all documents in connection with the tender offer and any contract resulting
from it on our behalf.
NAME OF FIRM
ADDRESS
DULY AUTHORISED
SIGNATORY
Lead partner
Signature..
Name
Designation..
Signature..
Name
Designation..
Signature..
Name
Designation..
Signature..
Name
Designation..
Note :
A copy of the Joint Venture Agreement (refer to F.2.13.1 in Part T1.2) showing clearly the percentage
contribution of each partner to the Joint Venture shall be appended to this schedule.
Tender
25
T2.2
CITY OF CAPE TOWN

SCHEDULE 3 : SCHEDULE OF DESIGN EXPERIENCE

The tenderer shall insert in the spaces provided below a list of similar completed designs contracts or
assignments awarded to him and those currently being undertaken.
COMPLETED CONTRACTS OR ASSSIGNMENTS
EMPLOYER
(NAME, TEL No.
AND FAX No.)
ENGINEER
(NAME, TEL No.
AND FAX No.)
Tender
NATURE OF WORK
26
VALUE
OF
WORK
R(m)
DATE
COMPLETED
T2.2
CURRENT CONTRACTS OR ASSIGNMENTS

EMPLOYER
(NAME, TEL No.
AND FAX No.)
ENGINEER
(NAME, TEL No.
AND FAX No.)
NATURE OF WORK
VALUE
OF
WORK
R(m)
ANTICIPATED
COMPLETION
DATE
Number of sheets appended by the tenderer to this Schedule ....................... (If nil, enter NIL).
Tender
.............................................
27
T2.2
CITY OF CAPE TOWN

SCHEDULE 4 : SCHEDULE OF IMPLEMENTATON EXPERIENCE

The tenderer shall insert in the spaces provided below a list of similar implementation contracts awarded to him
and those currently being undertaken.
COMPLETED CONTRACTS
EMPLOYER
(NAME, TEL No.
AND FAX No.)
ENGINEER
(NAME, TEL No.
AND FAX No.)
Tender
NATURE OF WORK
28
VALUE
OF
WORK
R(m)
DATE
COMPLETED
T2.2
CURRENT CONTRACTS
EMPLOYER
(NAME, TEL No.
AND FAX No.)
ENGINEER
(NAME, TEL No.
AND FAX No.)
NATURE OF WORK
VALUE
OF
WORK
R(m)
ANTICIPATED
COMPLETION
DATE
Tender
.............................................
29
T2.2
CITY OF CAPE TOWN

SCHEDULE 5 : COSTS FOR STAFF AND OTHER RESOURCES FROM IN RSA AND OVERSEAS
The tenderer shall insert in the spaces provided below an assessment of the number of man-days and the Rand
value of time to be claimed through contract payments as incurred through employing professional and other
human resources on the Contract, sourced in South Africa and overseas.
MAN-HOURS AND RAND VALUE CLAIMED FOR CONTRACT STAFF
ITEM
PROFESIONAL STAFF
SOURCED IN RSA
DESCRIPTION
MAN-DAYS
1
DESIGN
INSTALLATION
R MILLION
PROFESIONAL STAFF
SOURCED OVERSEAS
MAN-DAYS
R MILLION
TOTALS
MAN-DAYS
R MILLION
TRAINING
OPERATIONS
MAINTENANCE
TOTALS
100%
PERCENTAGE
Tender
.............................................
30
T2.2
The tenderer shall insert in the spaces provided below an assessment of the projected contract payments in
Rands for all equipment, parts, software, leases and other costs for all aspects of the Contract, sourced in South
Africa and overseas.
PROJECTED CONTRACT PAYMENTS: EQUIPMENT, PARTS AND SOFTWARE ETC
R MILLION
ITEM
DESCRIPTION
DESIGN
INSTALLATION
TRAINING
OPERATIONS
MAINTENANCE
SOURCED
OVERSEAS
SOURCED IN RSA
TOTAL
TOTALS
PERCENTAGE
Tender
100%
.............................................
31
T2.2
CITY OF CAPE TOWN

SCHEDULE 6 : SCHEDULE OF SUBCONTRACTORS

We notify you that it is our intention to employ the following Subcontractors for work in this contract.
Acceptance of this tender shall not be construed as approval of all or any of the listed subcontractors.
Should any of the subcontractors not be approved subsequent to acceptance of the tender, this shall in no
way invalidate this tender, and the tendered unit rates for the various items of work shall remain final and
binding, even in the event of a subcontractor not listed below being approved by the Engineer.
SUBCONTRACTORS
Category/type
Subcontractor Name/Address/Contact
Person/Phone/Fax/Details Of
Organisation/Firm Experience
Items of work (pay items)

to be undertaken by the
Subcontractor
Estimated
Cost of Work
(Rand)
TOTAL (Excluding VAT)
Tender
.... .........................................
32
T2.2
CITY OF CAPE TOWN

SCHEDULE 7 : DETAILS OF EXPERIENCE OF KEY PROFESSIONAL PERSONNEL

Tenderers shall set out in the Schedule hereunder details of the experience of Key Personnel in work of a
similar nature to that for which their Tender is submitted. The tenderer is referred to clause F.2.1.5 of the
Tender Data and shall insert in the spaces provided below details of the Key Personnel required to be in the
employment of the tenderer or contracted to the tenderer, in order for the tenderer to be eligible to submit a
tender for this project. The Curriculum Vitae of each individual must also be appended to this schedule. The
information provided in this schedule will assist in determining whether the tenderer meets the minimum
mandatory requirements as specified by the position descriptions in clause F.2.1.5. Additional sheets may be
appended to this schedule.
CONTRACTORS REPRESENTATIVE
NAME
LIST ALL TERTIARY

EDUCATION
QUALIFICATIONS
OBTAINED
(QUALIFICATIONS
OBTAINED, YEAR,
INSTITUTIONS)
PROFESSIONAL
REGISTRATION
NO (IF
APPLICABLE)
EXPERIENCE: LIST THE

POSITIONS AND DURATION OF
TIME (MONTHS) IN POSITIONS;
AND/OR THE PROJECTS AND
DURATIONS OF PROJECTS
PROPOSED
NUMBER OF
MONTHS
AVAIABLE FOR
CONTRACT
Tender
33
T2.2
LEAD DESIGN PROFESSIONAL

NAME
LIST ALL TERTIARY

EDUCATION
QUALIFICATIONS
OBTAINED
(QUALIFICATIONS
OBTAINED, YEAR,
INSTITUTIONS)
PROFESSIONAL
REGISTRATION
NO (IF
APPLICABLE)

PROPOSED
NUMBER OF
MONTHS
AVAIABLE FOR
CONTRACT
LEAD IMPLEMENTATION PROFESSIONAL

NAME
LIST ALL TERTIARY

EDUCATION
QUALIFICATIONS
OBTAINED
(QUALIFICATIONS
OBTAINED, YEAR,
INSTITUTIONS)
PROFESSIONAL
REGISTRATION
NO (IF
APPLICABLE)

PROPOSED
NUMBER OF
MONTHS
AVAIABLE FOR
CONTRACT
Tender
34
T2.2
OPERATIONS MANAGER
NAME
LIST ALL TERTIARY

EDUCATION
QUALIFICATIONS
OBTAINED
(QUALIFICATIONS
OBTAINED, YEAR,
INSTITUTIONS)
PROFESSIONAL
REGISTRATION
NO (IF
APPLICABLE)

PROPOSED
NUMBER OF
MONTHS
AVAIABLE FOR
CONTRACT
MAINTENANCE MANAGER
NAME
LIST ALL TERTIARY

EDUCATION
QUALIFICATIONS
OBTAINED
(QUALIFICATIONS
OBTAINED, YEAR,
INSTITUTIONS)
PROFESSIONAL
REGISTRATION
NO (IF
APPLICABLE)

PROPOSED
NUMBER OF
MONTHS
AVAIABLE FOR
CONTRACT
Tender
35
T2.2
SUPPORT DESIGN STAFF RESOURCES

NAMES
LIST ALL TERTIARY

EDUCATION
QUALIFICATIONS
OBTAINED
(QUALIFICATIONS
OBTAINED, YEAR,
INSTITUTIONS)
PROFESSIONAL
REGISTRATION
NO (IF
APPLICABLE)

PROPOSED
NUMBER OF
MONTHS
AVAIABLE FOR
CONTRACT
SUPPORT IMPLEMENTATION STAFF RESOURCES
NAMES
LIST ALL TERTIARY

EDUCATION
QUALIFICATIONS
OBTAINED
(QUALIFICATIONS
OBTAINED, YEAR,
INSTITUTIONS)
PROFESSIONAL
REGISTRATION
NO (IF
APPLICABLE)

PROPOSED
NUMBER OF
MONTHS
AVAIABLE FOR
CONTRACT
Tender
36
T2.2
OTHER STAFF RESOURCES

NAMES
LIST ALL TERTIARY

EDUCATION
QUALIFICATIONS
OBTAINED
(QUALIFICATIONS
OBTAINED, YEAR,
INSTITUTIONS)
PROFESSIONAL
REGISTRATION
NO (IF
APPLICABLE)

PROPOSED
NUMBER OF
MONTHS
AVAIABLE FOR
CONTRACT
SIGNED ON BEHALF OF THE TENDERER: .
Tender
37
T2.2
CITY OF CAPE TOWN

SCHEDULE 8 : TENDERERS UNDERTAKING TO EMPLOY KEY PERSONNEL

The tenderer must guarantee that the key professionals that will be employed on the Contract will be
available at the commencement of the Contract and for the duration of the activity with which they will be
employed on Contract. Failure to make this undertaking will disqualify the tender.
I, undertake on behalf of the Tenderer to have the following key
personnel listed in Schedule 7 in the employment of the Tenderer at date of the close of tender:
SIGNED ON BEHALF OF THE TENDERER: .
POSITION
NAME OF PROFESSIONAL
CONTRACTORS REPRESENTATIVE
LEAD DESIGN PROFESSIONAL
SUPPORT DESIGN PROFESSIONAL
SUPPORT DESIGN PROFESSIONAL

LEAD IMPLEMENTATION
PROFESSIONAL
IMPLEMENTATION PROFESSIONAL
IMPLEMENTATION PROFESSIONAL
OPERATIONS MANAGER
MAINTENANCE MANAGER
Note: Key details and Curriculum Vitae of these personnel are to form part of Schedule 7.
Tender
38
T2.2
CITY OF CAPE TOWN

SCHEDULE 9 : WORK PLAN AND TIMELINES

The tenderer shall append his proposed work plan and methodology and timelines required under Clause
F.3.11.9 of the Tender Data to this Schedule.
The work plan must indicate the approach and methodology that the tenderer intends following in order to reach
the required outcomes. The work plan must show that the tenderer has appreciated the Scope of Work, and has
good insight as to what actions or activities are required in order to comply with the Employers objectives. The
proposed work plan is an important document based upon which up to 16 tender evaluation points for quality
will be awarded. Tenderers should however endeavour to keep their submissions in this regard to a maximum of
25 pages.
SIGNED ON BEHALF OF THE TENDERER:
Tender
39
T2.2
CITY OF CAPE TOWN

SCHEDULE 10 : DETAILS OF TENDERERS WORKSHOP FACILITIES
The tenderer shall state below what workshop facilities will be available for this Contract.
...................................................................................................................................................................................................
...................................................................................................................................................................................................
...................................................................................................................................................................................................
...................................................................................................................................................................................................
...................................................................................................................................................................................................
...................................................................................................................................................................................................
Address of Workshop ..............................................................................................................................................................
...................................................................................................................................................................................................
...................................................................................................................................................................................................
...................................................................................................................................................................................................
Number of Artisans Normally
Employed by Firm ..................................................................................................................................................................
..................................................................................................................................................................
Number of Technically Qualified
Persons Employed
Tender
...........................................................................................................................
.............................................
40
T2.2
CITY OF CAPE TOWN

SCHEDULE 11 : TAX CLEARANCE CERTIFICATE

An original valid Tax Clearance Certificate from the South African Revenue Service (SARS) shall be attached
to this Schedule or proof that the tenderer has made arrangements with SARS to meet his or her outstanding
tax obligations.
Each party to a Consortium/Joint Venture shall submit a separate Tax Clearance Certificate, or proof that he or
she has made the necessary arrangements with SARS.
Tender
.............................................
41
T2.2
CITY OF CAPE TOWN

SCHEDULE 12 : BARGAINING COUNCIL CERTIFICATE

Where applicable, a certificate of compliance issued by the relevant Bargaining Council shall be attached to this
schedule.
Tender
.............................................
42
T2.2
CITY OF CAPE TOWN

SCHEDULE 13 : FINANCIAL STATEMENTS FOR CONTRACTS OVER R10 MILLION

Tenderers are referred to Clause F.2.18.1 and shall attach all the required documentation to this Schedule
where a tender price exceeds R10 million.
Each party to a Consortium/Joint Venture shall submit a separate set of documents.
Tender
.............................................
43
T2.2
CITY OF CAPE TOWN

DESIGN, SUPPLY, DELIVERY, INSTALLATION, TESTING, COMMISSIONING AND MAINTENANCE OF THE IRT
CONTROL CENTRE HARDWARE AND SOFTWARE SYSTEMS
SCHEDULE 14 : PARTICULARS OF CONTRACTS AWARDED TO TENDERER DURING PAST FIVE YEARS

The tenderer shall insert in the spaces provided below a list of the particulars of any contracts awarded to the tenderer
by an organ of state during the past five years, including particulars of any material non-compliance or dispute
concerning the execution of such contract.
ORGAN OF STATE
(NAME, TEL No.
AND FAX No.)
DESCRIPTION OF
CONTRACT
VALUE
OF
WORK
R(m)
DATE
COMPLETED/
CURRENT
DETAILS OF NONCOMPLIANCE OR DISPUTE,

IF ANY
Tender
.............................................
44
T2.2
CITY OF CAPE TOWN

SCHEDULE 15: CONFIRMATION OF REGISTRATION ON CoCT SAP VENDOR DATABASE
COMPANY NAME
REGISTERED
YES/NO
REGISTRATION NUMBER
IF APPLICABLE
Tenderers who are not registered and verified on the CoCT SAP Vendor Database are not precluded from submitting
tenders, but must be registered prior to the evaluation of tenders in order for their tenders to be responsive.
In this regard it is the sole responsibility of tenderers to ensure that this requirement is complied with. In the case of
Joint Venture Partnerships this requirement will apply to each party to the Joint Venture.
Tender
.............................................
45
T2.2
CITY OF CAPE TOWN

SCHEDULE 16 : HEALTH AND SAFETY PLAN

Tenderers are to note the requirements of the Occupational Health and Safety Act No. 85 of 1993 and the Construction
Regulations 2003 issued in terms of Section 43 of the Act. The tenderer shall be deemed to have read and fully
understood the requirements of the above Act and Regulations and to have allowed for all costs in compliance therewith.
In this regard the tenderer shall prepare and attach a Health and Safety Plan in respect of the Works in order to
demonstrate the necessary competencies and resources to perform the construction work all in accordance with the Act
and Regulations. Such Health and Safety Plan shall cover inter-alia the following details:
(1) Management Structure, Site Supervision and Responsible Persons including a succession plan.
(2) Contractors induction training programme for employees, sub-contractors and visitors to the Site.
(3) Health and safety precautions and procedures to be adhered to in order to ensure compliance with the Act,
Regulations and Safety Specifications.
(4) Regular monitoring procedures to be performed.
(5) Regular liaison, consultation and review meetings with all parties.
(6) Site security, welfare facilities and first aid.
(7) Site rules and fire and emergency procedures.
Tenderers are to note that the Contractor is required to ensure that all sub-contractors or others engaged in the
performance of the contract also comply with the above requirements.
The tenderer shall also take into account the additional requirements stated in the Scope of Work when drawing up the
Health and Safety Plan for the contract.
Details of the Health and Safety Plan shall be appended to this Schedule.
Tender
.............................................
46
T2.2
CITY OF CAPE TOWN

SCHEDULE 17 : DECLARATION IN TERMS OF THE MUNICIPAL FINANCE MANAGEMENT ACT (No. 56 of 2003)
Item
1.1
Question
Is the Tenderer or any of its directors listed on the National Treasurys database as a company or
person prohibited from doing business with the public sector?
(Companies or persons who are listed on this database were informed in writing of this
restriction by the National Treasury after the audi alteram partem rule was applied).
1.1.1
If so, furnish particulars:
1.2
Is the Tenderer or any of its directors listed on the Register for Tender Defaulters in terms of
section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004)?
(To access this Register enter the National Treasurys website, www.treasury.gov.za, click
on the icon Register for Tender Defaulters or submit your written request for a hard copy
of the Register to facsimile number (012) 3265445).
1.2.1
1.3
Was the Tenderer or any of its directors convicted by a court of law (including a court of law
outside the Republic of South Africa) for fraud or corruption during the past five years?
1.3.1
1.4
1.4.1
1.5
1.5.1
Yes
Yes
No
No
Yes
No
Yes
No
Does the Tenderer or any of its directors owe any municipal rates and taxes or municipal charges
to the municipality / municipal entity, or to any other municipality / municipal entity, that is in
arrears for more than three months?
Yes
No
Was any contract between the Tenderer and the municipality / municipal entity or any other organ
of state terminated during the past five years on account of failure to perform on or comply with the
contract?
Yes
No
CERTIFICATION
I, THE UNDERSIGNED (FULL NAME) ..................................................
CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM TRUE AND CORRECT.
I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT, ACTION MAY BE TAKEN AGAINST ME
SHOULD THIS DECLARATION PROVE TO BE FALSE.
...
Signature
..
Date
.
Position
..
Name of Tenderer
*where the entity tendering is a joint venture, each party to the joint venture must sign a declaration in terms of
the Municipal Finance Management Act and attach it to this schedule
Tender
47
T2.2
CITY OF CAPE TOWN

SCHEDULE 18 : CERTIFICATE FOR MUNICIPAL SERVICES AND PAYMENTS TO SERVICE PROVIDER
To:
THE CITY MANAGER, CITY OF CAPE TOWN

CERTIFICATE FOR MUNICIPAL SERVICES
AND PAYMENTS TO SERVICE PROVIDER
Information required in terms of the Citys Supply Chain Management Policy, Clauses 45.1 and 112.2
BID NO: 25G/2009/10: DESIGN, SUPPLY, DELIVERY, INSTALLATION, TESTING, COMMISSIONING AND
MAINTENANCE OF THE IRT CONTROL CENTRE HARDWARE AND SOFTWARE SYSTEMS
NAME OF THE BIDDER: ..
FURTHER DETAILS OF THE BIDDER/S; Proprietor / Director/s / Partners, etc:
Physical Business address of the Bidder
Municipal Account number(s)
If there is not enough space for all the names, please attach the additional details to the Bid Document
Name of Director /
Physical residential address of
Municipal
Identity Number
Member / Partner
Director / Member / Partner
Account number(s)
I, ____________________________________________________________________________, the undersigned,

(full name in block letters)
certify that the information furnished on this declaration form is correct and that I/we have no undisputed
commitments for municipal services towards a municipality or other service provider in respect of which
payment is overdue for more than 30 days.
________________________________________
Signature
THUS DONE AND SIGNED for and on behalf on the Bidder / Contractor
at .. on the . day of .
(PLACE)
(DATE)
(MONTH)
20.
(YEAR)
Please Note:
Even if the requested information is not applicable to the Bidder, the table above should be endorsed Not
Applicable and THIS DECLARATION MUST STILL BE SIGNED
Tender
48
T2.2
CITY OF CAPE TOWN

SCHEDULE 19 : AUTHORISATION FOR THE DEDUCTION OF OUTSTANDING AMOUNTS OWED TO COUNCIL
To:
THE CITY MANAGER, CITY OF CAPE TOWN
From:
_________________________________________________________
(Name of Bidder or consortium)
AUTHORISATION FOR THE DEDUCTION OF OUTSTANDING AMOUNTS OWED TO COUNCIL
Extract from Supply Chain Management Policy, Clause 45.1:

The City Manager may reject the bid or quote of any person if that person or any of its directors has:
45.1 failed to pay municipal rates and taxes or municipal service charges and such rates, taxes and charges are
in arrears for more than three months;
I, THE UNDERSIGNED, __________________________________________________________________________,

(FULL NAME IN BLOCK LETTERS)
hereby authorise the City of Cape Town to deduct the full amount outstanding by the business organisation / Director /
Partner, etc from any payment due to us / me.
.
Signature
THUS DONE AND SIGNED for and on behalf of the Bidder / Contractor
at .. on the . day of .
(PLACE)
Tender
(DATE)
(MONTH)
49
20.
(YEAR)
T2.2
CITY OF CAPE TOWN

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

We confirm that the following communications received from the Employer before the submission of this tender
offer, amending the tender documents, have been taken into account in this tender offer:
Date
Title or Details
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Attach additional pages if more space is required.
Signed
Date
Name
Position
Tenderer
Tender
50
T2.2
CITY OF CAPE TOWN

SCHEDULE 21 : DEVIATIONS AND QUALIFICATIONS BY TENDERER

The Tenderer should record any deviations or qualifications to the requirements of the tender documents in this
Returnable Schedule. Alternatively, a tenderer may state such deviations and qualifications in a covering letter attached
to his tender and reference such letter in this schedule.
The Tenderers attention is drawn to clause F.3.8 of the Standard Conditions of Tender referenced in the Tender Data
regarding the Employers handling of material deviations and qualifications, and to clause F.2.13.1(i) Deviations from
Specification in the Tender Data.
If no deviations or modifications are made, the schedule hereunder is to be marked NIL and signed by the Tenderer.
No alternative Tender will be considered unless a Tender free of qualifications and strictly on the basis of the Tender
Documents is also submitted.
PAGE/ITEM
CLAUSE/DESCRIPTION
Tender
.... .........................................
51
T2.2
CITY OF CAPE TOWN

SCHEDULE 22 : PREFERENCING SCHEDULE
Preferencing Schedule where preferences are granted in respect of HDI Participation

1 Definitions
The following definitions shall apply to this schedule:
Equity ownership: The percentage of an enterprise or business owned by individuals or, in respect of a company, the percentage
of the companys shares that are owned by individuals, who are actively involved in the management of an enterprise or business
and exercise control over the enterprise, commensurate with their degree of ownership at the closing date of the tender.
Note: All claims for HDI equity ownership by an HDI will be considered according to the following criteria:
equity within private companies will be based on the percentage of equity ownership;
preference points will not be awarded to public companies and tertiary institutions;
equity claims for a trust will only be allowed in respect of those persons who are both trustees and beneficiaries
and who are actively involved in the management of the Trust; and
a consortium or joint venture may, based on the percentage of the contract value managed or executed by their
HDI members, be entitled to equity ownership.
Historically disadvantaged individual (HDI): A South African citizen
a)
who, due to the apartheid policy that had been in place, had no franchise in national elections prior to the introduction of
the Constitution of the RSA, 1983 (Act 110 of 1983) or the Constitution of the RSA, 1993 (Act 200 of 1993) (the interim
Constitution), or
b)
who is a female; or
c)
who has a disability;
provided that a person who obtained South African citizenship on or after the coming to effect of the Interim Constitution, is
deemed not to be an HDI;
Prime Contractor: For the purposes of calculating the contract participation goal in respect of HDI participation (CPG1) a prime
contractor shall be defined as the organisation named on the Form of Offer and Acceptance, whose offer has been accepted by
the Employer.
Sub-Contractor: For the purposes of calculating the contract participation goal in respect of HDI participation (CPG1) a subcontractor shall be defined as a contractor employed by the Prime Contractor to execute construction work on the site (as defined
in the General Conditions of Contract and the Scope of Work) by providing labour only or a combination of labour, plant, equipment
and materials.
2 Conditions associated with the granting of preferences
The tenderer undertakes to:
1)
achieve the tendered contract participation goal in respect of HDI equity ownership (CPG1) by means of one or more of the
following:
by virtue of his/her HDI Ownership percentage as a Prime Contractor (Method 1);
by virtue of his/her HDI Ownership percentage in a Joint Venture Partnership (Method 2);
by awarding contracts to HDI Sub-contractors (Method 3);
by awarding contracts to HDI suppliers, manufacturers and services providers (Method 4).
Notes:
Methods 1 and 2 afford the Prime Contractor/Joint Venture Partnership opportunity to obtain preference points for HDI
participation based on the award value less the value of all sub-contractors (Method 3) and less the value of suppliers
(materials), manufacturers and service providers, which are claimed in Method 4. Methods 1 and 2 may not be claimed
together.
In Method 3 it is mandatory for the Prime Contractor/Joint Venture Partnership to list all his sub-contractors (irrespective
of their HDI equity ownership) and the total value of all the sub-contractors will be deducted from the award value in
Methods 1 or 2 as applicable. This means that, if the total HDI percentage calculated for all sub-contractors in Method 3
is less than that of the Prime Contractor/Joint Venture Partnership, then a lower overall
Tender
52
T2.2
2)
3)
4)
5)
6)
HDI participation percentage will be achieved and the tenderer must tender a lower contract participation goal
accordingly.
The value of work performed by sub-contractors shall be the fully inclusive prices claimed by the sub-contractors
(including labour, plant, equipment, materials, overheads, profits, etc.) but shall exclude VAT and the Prime Contractors
mark-up.
Method 4 affords the Prime Contractor/Joint Venture Partnership opportunity to claim additional HDI percentage where
his suppliers (materials), manufacturers and services providers HDI percentage, in each case, are greater than his own
HDI percentage.
The value of the suppliers, manufacturers and service providers contribution shall be the fully inclusive prices claimed
by the suppliers, manufacturers and service providers, but shall exclude VAT and the Prime Contractors mark-up.
The Employer reserves the right to reject a tender if, in the opinion of the Employer, the tenderer will be unable to
achieve the contract participation goal tendered, in the performance of the contract.
The attention of tenderers is draw to the fact that, in order to achieve HDI Participation goals in respect of subcontractors, suppliers, manufacturers and/or service providers, the Contractor shall ensure that all such are registered
and verified on the Western Cape Supplier Database. The Employer shall not accept any claim for achieving HDI
participation in respect of the Contractor, sub-contractors, etc. unless they are all registered and verified. For further
enquires in this regard contact the TradeWorld WCSD Help Desk on 0861-225577 or 021-680 4600, or e-mail:
supplierdatabase@tradeworld.net
complete the supporting HDI Contract Participation Goal Calculation (CPG 1) contained in Annex A attached;
complete the Tender Preference Claim in respect of HDI participation contained in Section 4 below;
deliver to the Employer, within 5 working days of being requested in writing to do so, a Joint Venture Agreement, should a
joint venture be proposed at prime contract level;
deliver to the Employer, within 5 working days of being requested in writing to do so, a HDI Participation Declaration Affidavit
in respect of all HDI owned enterprises engaged at prime contract level to satisfy Contract Participation Goal undertakings;
accept the sanctions set out in Section 3 below should such conditions be breached.
3 SANCTIONS
In the event that the Tenderer fails to substantiate that any failure to achieve the Contract Participation Goal relating to the granting
of a preference was due to quantitative under runs, the elimination of items, or any other reason beyond the Contractors control
which may be acceptable to the Employer, it shall be liable to pay to the Employer a financial penalty calculated in the following
manner:
where
0,15 x (D Do) x NA
(100)
D
Do
=
=
NA
P
=
=
tendered Contract Participation Goal percentage.

the Contract Participation Goal which the Employers representative based on the credits passed,
certifies as being achieved upon completion of the Contract.
Net Amount (as per value (A) Annex A attached)
Rand value of penalty payable
TENDER PREFERENCE CLAIM IN RESPECT OF HDI PARTICIPATION
I / WE HEREBY TENDER A CONTRACT PARTICIPATION GOAL OF

PARTICIPATION (CPG 1) IN ORDER TO CLAIM A PREFERENCE.
..............%
IN RESPECT OF HDI
Where no figures are inserted in the above claim the tendered Contract Participation Goal in respect of HDI Participation
(CPG1) will be deemed to be nought. Where discrepancy occurs between the figures on this declaration and any other
supporting calculations this declaration shall take precedence.
The undersigned, who warrants that he / she is duly authorised to do so on behalf of the firm, sole proprietor or Joint Venture
confirms that he / she understands the conditions under which such preferences are granted and confirms that the tenderer
satisfies the conditions pertaining to the granting of tender preferences.
Signature : ....................................................................................................................................
Name : ..........................................................................................................................................
Duly authorised to sign on behalf of ............................................................................................
Telephone : ......................................................................
Fax : .........................................................................
Date : ...............................................................
SUPPORTING HDI CONTRACT PARTICIPATION GOAL CALCULATION

Annex A: HDI Contract Participation Goal calculation attached
Tender
53
T2.2
Annex A
HDI CONTRACT PARTICIPATION GOAL CALCULATION
This annex shall be used by Tenderers to calculate their tendered HDI Contract Participation for a given Contract.
1.
TENDER PARAMETERS
Sum tendered exclusive of VAT
.............................................
Less Provisional sums
.............................................
Less allowances, if any, for contingencies and escalation provided

by the Employer
R
.............................................
Net Amount
.............................................
(A)
NOTE: The Contract Participation percentage is based on the Net Amount.
2.
ATTAINING THE HDI CONTRACT PARTICIPATION PERCENTAGE

I/We intend achieving the Contract participation percentage by means of one or a combination of the following
methods (tick the box(es) which are applicable):
Method #1 by virtue of my/our HDI Ownership percentage as a Prime Contractor
Method #2 by virtue of my/our HDI Onwership percentage in a Joint Venture partnership
Method #3 by awarding contracts to HDI sub-contractors (mandatory to complete)
Method #4 by awarding contracts to HDI suppliers, manufacturers and service providers
Refer to notes contained in Section 2: Conditions associated with the granting of preferences in the
Preferencing Schedule where preferences are granted in respect of HDI participation.
3.
SUMMARY HDI CONTRACT PARTICIPATION PERCENTAGE

Complete the following in respect of each selected method:
3.1
Method #1: by virtue of my/our HDI ownership percentage as a Prime Contractor

% HDI equity ownership of Prime Contractor
.........................................%
(B)
Net Amount (from 1. above)
..........................................
(A)
Less:
Value of work performed by sub-contractors (from 3.3

Method #3)
(C)
(D)
Sub-Total
Less:
Value of Contracts that will be awarded to suppliers,

manufacturers and service providers (which have a
higher percentage HDI ownership than the Prime
Contractor (from 3.4 method #4))
Prime contract value towards HDI participation
(E1)
% HDI equity ownership towards participation percentage

(carry to Section 4)
=
(B)%
Tender
(E1)
(A)
........................................%
54
(F)
T2.2
3.2
Method #2:
by virtue of my/our HDI ownership percentage in a Joint Venture Partnership
Net Amount (from 1. above)

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

(
(C)
(D)
Sub-Total
Less:
Value of Contracts that will be awarded to suppliers,

manufacturers and service providers (which have a higher
percentage HDI ownership than the Prime Contractor)
(from 3.4 method #4)
Prime contract value toward HDI participation
(E2)
Name of Joint Venture Partner

% HDI
equity
ownership
Value of (E2)performed
by each JV Partner
(B)
(G)
(B)%
(G)
(A)
Total Prime Contract Value towards HDI

participation
Total Joint Venture % HDI equity ownership towards participation

percentage (carry to Section 4.)
Tender
% HDI equity
ownership towards
participation
percentage
55
(E2)
T2.2
(H)
3.3
Method #3: by awarding contracts to sub-contractors

Note: It is mandatory to list all sub-contractors (irrespective of their HDI equity ownership).
Sub-contractors
(employed by Prime Contractor)
% HDI
equity
ownership
Value of work to be
undertaken
(I)
(J)
% HDI equity
ownership towards
participation
percentage
(I)%
(J)
(A)
Value of work performed by sub-contractors
(C)
Total Sub-Contractors % HDI equity ownership towards participation

Tender
56
T2.2
(K)
3.4
Method #4: by awarding contracts to HDI suppliers, manufacturers and service providers
HDI suppliers, manufacturers and
service providers
(employed by Prime Contractor)
% HDI
equity
ownership
Value of contribution
(L)
(M)
% HDI equity
ownership towards
participation
percentage
(L)%
(M)
(A)
Value of contribution by suppliers,

manufacturers and service providers
(D)
Total supplier etc. % HDI Equity ownership towards participation

4.
(N)
TOTAL HDI CONTRACT PARTICIPATION PERCENTAGE
Total for
Method #1 (refer 3.1)

OR
..........................................%
(F)
..........................................%
(H)
AND/OR
..........................................%
(K)
AND/OR
..........................................%
(N)
TOTAL HDI CONTRACT PARTICIPATION PERCENTAGE CARRIED

TO SECTION 4 OF THE PREFERENCING SCHEDULE (CPG1)
Tender
57
..........................................%
T2.2
CITY OF CAPE TOWN

SCHEDULE 23 : CORRESPONDENCE WITH BUS MANUFACTURERS
See Section C3.9 in Volume 2B.
Bus Supplier
Contact Person
Date of Correspondence
SIGNED ON BEHALF OF TENDERER: .
Tender
58
T2.2
CITY OF CAPE TOWN

SCHEDULE 24 : TECHNICAL DATA SHEETS
PREAMBLE
The relevant schedule shall be completed for each tender submitted.
Full technical answers shall be provided. The following answers will not be unacceptable and tenderers need to provide
sufficient comment in the Schedule to allow evaluation:
Comply
Refer technical data
See attached, etc.
Tender
59
T2.2
Item
Requirement
Comply
(Y/N)
Comments
Detailed Specification: Design - C3.2

1
The Design Process will follow the Systems Design

Process outlined in Specifications
A preliminary design on which the tender and the

prices for the tender are based is attached to the
tender
Detailed Specification: Onboard Systems - C3.9

1
GPS Tracking and AVL:
1.a
The AVL shall provide a positional accuracy of +/15 meters, 95% of the time.
1.b
The GPS position shall be updated every 5

seconds or less
1.c
Vehicle location computation lag time shall not

exceed two (2) seconds
2
2.a
Dynamic route display on front of bus:

Automated operation that requires no interaction by
the operator to trigger announcements
CCTV cameras and on-board recording equipment:
3.a
The DVR shall be installed such that it is tamper

proof and only authorised personnel can gain
access to it
3.b
The DVR shall have enough storage capacity to

record 18 hours per day for 3 days at the stated
frame rate and resolution for up to four cameras.
4
4.a
5
5.a
Driver panic button:

Activation of the overt/covert alarm shall initiate
continuous tracking of the vehicle with highest
priority being given to the vehicle for data
communications.
GPRS links to control centre:
The Mobile Wireless Router (MWR) to be supplied
shall be a cellular access platform designed to
transport mixed generation Radio Access Network
(RAN) traffic.
Tender
Reference No: 25G/2009/10
60
T2.2
Item
6
Requirement
The wireless LAN access points shall be based on

802.11g technology, and shall be compatible with
the wireless LAN cards on the buses.
6.b
A sufficient number of wireless LAN access points

shall be provided to provide a minimum 10Mbs
coverage throughout all bus parking areas and
driveways.
6.c
The complete docking procedure for busses shall

not exceed 10 minutes from the time of arrival in
the depot.
Radio communication with traffic signals:
7.a
The bus priority system where possible, should

make use of commercially available, off-the-shelf
components, with well-established records of
reliability and performance, within the region.
7.b
Shall be integrated with other on-board systems,

using relevant standards.
7.c
Shall transmit relevant bus information that will be

used to prioritize conflicting priority requests.
7.d
Shall validate the data transmitted from the

approaching vehicle and identify whether the
vehicle in question is authorized in the TSP system
or not.
Communication with driver, visual and/or audible:
8.a
The MDT display must be readable in direct

sunlight and must offer a low-glare setting for night
time operation.
8.b
The MDT shall be the minimum size feasible within

these requirements and human factors design
constraints.
8.c
The MDT shall include functionality to send predefined messages to central control.
Comments
High bandwidth wireless LAN links to network in depots:
6.a
Comply
(Y/N)
Dynamic information to passengers:
9.a
The ASA system shall provide visual and audio

next-stop announcement acceptable to people with
disabilities.
9.b
Shall include functionality for automated operation

that requires no interaction by the operator to
trigger announcements
Tender
61
T2.2
Item
Requirement
Comply
(Y/N)
Comments
Detailed Specification: Control Centre - C3.10

1
Bus scheduling software and hardware:
1.a
The AVL stop and station database shall utilize a

stop identification numbering system as assigned
by City of Cape Town
1.b
The system shall provide for the import of stop and

route mapping data using common or industry
standard file formats and City of Cape Town
standard formats.
1.c
The scheduling and routing software should allow

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

for easy and efficient scheduling of subscription
and demand-response trips
Tracking of buses and scheduling adherence:
2.a
The central processing system shall provide a realtime AVL interface to external systems to provide
the location of all APC/AVL and AVL-only equipped
buses
2.b
The AVL map system shall be based on standard

digital GIS data provided by the City of Cape Town.
2.c
The AVL shall automatically reconcile VWM data

with route, trip and stop information provided by
City of Cape Town scheduling systems.
2.d
The AVL interface shall supply current route variant

and block/run/route/trip ID.
2.e
The base polling frequency for updates to the

location of each bus shall be no longer than every
60 seconds and in no event greater than every 90
seconds.
2.f
Schedule adherence shall be determined on the

vehicles and communicated to the central system
for display on the CAD workstations.
2.g
The CAD system shall generate an off-route alarm

for vehicles deviating from routes by a configurable
distance.
Tender
62
T2.2
Item
3
Requirement
Comply
(Y/N)
Comments
The management and control of passenger and other information:
3.a
The central processing system shall create and

manage all VWM and AVL configuration data and
reports
3.b
The CAD system shall display the estimate bus

loading level, updated in real time as bus locations
are polled.
3.c
The system shall alert operators when a bus is

operating over its capacity.
3.d
The CAD system shall include the ability to alert

operators when a timed transfer will be missed and
a decision is needed.
3.e
DRS shall provide predefined reports enabling City

of Cape Town to compare system performance
against standard industry benchmarks.
3.f
The DRS shall provide a means for City of Cape

Town staff to develop and generate customized
reports.
3.g
The DRS shall provide a means for City of Cape

Town staff to develop and generate customized
database queries and exports.
3.h
The Traveller Information System shall include an

interactive web site for fixed-route services.
3.i
The web site shall have the capacity to display the

expected arrival time, based on real-time AVL data,
of the next two buses on each route, at any
published time point and at any stop along a route.
Incident management along the IRT corridors:
4.a
The central processing system shall be sensitive to

and react to any alarms activated by bus drivers,
station attendants, CCTV cameras or intruder
detection alarms.
4.b
The system shall notify City of Cape Town

Customer Service automatically of significant
service disruptions, such as unusual delays,
incidents, reroutes, or missed trips.
4.c
The identification of supervisor and support

vehicles closest to an individual bus trip selected
by the operator. The operator shall be able to
assign a response to the closest available support
vehicles.
Tender
63
T2.2
Item
Requirement
Emergency calls and dispatching of assistance:
5.a
The CAD system shall provide an audible and

visual alert to Dispatch, Radio Supervisor, and
others using the system when an emergency alarm
is activated.
5.b
The CAD system shall support both covert alarms

and overt alarms.
5.c
When receiving an alarm the CAD system shall

zoom and centre the map display on the alarming
vehicle at the discretion of the operator.
Comments
Visual surveillance of stations and network for control and security:
6.a
The DVMS system shall provide operator control of

PTZ drives and camera selection, as well as
automated sequences and alarm responses.
6.b
The NVRS shall provide continuous, time

scheduled and alarm recording of all cameras
connected to the network and fast and easy to use
video retrieval.
6.c
Video storage of all cameras shall be for at least 3

days.
Comply
(Y/N)
High bandwidth communication links to buses, stations, the control centre and depots:
7.a
The central processing system shall manage the

communications with all VWM/AVL equipped
vehicles
7.b
The system shall be designed for continuous

operation without the need to manually reboot
computers or devices.
7.c
System availability shall be 97% or better. For

central systems, availability shall be determined by
dividing total out-of-service time by total operating
time.
7.d
Emergency Alarms/intruder detection alarm/etc

should be detected within 2 second and streaming
video of the affected area must be immediately
available.
Tender
64
T2.2
Item
Requirement
Comply
(Y/N)
Comments
Detailed Specification: Smart Trunk Stations - C3.11

1
CCTV cameras inside the station :
1.a
A Digital Video Surveillance System shall provide

the operators in the trunk station kiosk and Control
Centre with the means to survey the entire trunk
station.
1.b
The cameras must be tamper proof with the

necessary alarms and video analytics
1.c
It is preferred that all video streams will be H.264

encoded.
1.d
The ticket kiosk must be provided with one video

monitor to display video feed from cameras.
Dynamic electronic arrival times displayed on LCD:
2.a
The LCDs shall include functionality to display preset messages and/or real-time dynamic next bus
arrivals to PT users.
2.b
When the bus arrival is within a designated number

of minutes, the SBS shall emit a tone or chime
indicating that arrival is imminent.
2.c
Clearly legible under full range of ambient

illumination conditions at full intensity from any
viewing distance within 1 meter to 25 meters.
Emergency and Information IP intercoms:
3.a
Will be robust and vandal proof with hidden

screws.
3.b
Will have 2 separate buttons for information and

emergencies.
Infrared intruder detection system:
4.a
Will be IP based and connected to the TMC via the

IRT network.
4.b
Will be fully configurable and managed from the

TMC.
Tender
65
T2.2
Item
Requirement
Comply
(Y/N)
Comments
Detailed Specification: Smart Feeder Stations - C3.12

1
CCTV camera and encoder/recorder:
1.a
Will be a small, keyhole sized camera.
1.b
The video recorder will be sufficiently compact to fit

into the space available in the VMS enclosure.
1.c
The SD/SDHC memory card will have sufficient

capacity to store at least 24 hours of video footage.
Emergency and Information IP intercom:
2.a
Will be robust and vandal proof with hidden

screws.
2.b
Will have 2 separate buttons for information and

emergencies.
Dynamic VMS:
3.a
The VMS will employ ultra bright amber text

utilising high-performance wide-angle LEDs, with a
vandal-resistant screen.
3.b
The entire surface of the VMS will be evenly

illuminated with a minimum viewing angle of 110
degrees.
Detailed Specification: Bus Depots - C3.13

1
CCTV camera:
1.a
The cameras must be tamper proof with the

necessary alarms and video analytics
1.b
It is preferred that all video streams will be H.264

encoded.
Tender
66
T2.2
CITY OF CAPE TOWN

SCHEDULE 25 : PRICE BASIS FOR IMPORTED EQUIPMENT
See Part C2: Pricing Data for Returnable Schedule 25 attached to C2.1 Pricing Instructions.
Tender
67
T2.2
Pages
C1.1 Form of Offer and Acceptance (Agreement) ..............................72 75
C1.2 Contract Data...............................................................................76 102
C1.3 Form of Performance Security - Demand Guarantee............103 104
C1.4 Occupational Health and Safety Agreement ..........................105 106
Contract
68
C1
Agreements and Contract Data
CITY OF CAPE TOWN

C1.1 Form of Offer and Acceptance

Offer
The Employer, identified in the Acceptance signature block, has solicited offers to enter into a contract for the
procurement of:
CONTRACT NO. 25G/2009/10: DESIGN, SUPPLY, DELIVERY, INSTALLATION, TESTING, COMMISSIONING
AND MAINTENANCE OF THE IRT CONTROL CENTRE HARDWARE AND SOFTWARE SYSTEMS
The tenderer, identified in the offer signature block, has examined the documents listed in the tender data and
addenda thereto as listed in the returnable schedules, and by submitting this offer has accepted the conditions of
tender.
By the representative of the tenderer, deemed to be duly authorized, signing this part of this form of offer and
acceptance, the tenderer offers to perform all of the obligations and liabilities of the contractor under the contract
including compliance with all its terms and conditions according to their true intent and meaning for an amount to be
determined in accordance with the conditions of contract identified in the contract data.
THE OFFERED TOTAL OF THE PRICES INCLUSIVE OF VALUE ADDED TAX IS:
Rand. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . (in words);
R . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (in figures)
This offer may be accepted by the Employer by signing the Acceptance part of this Form of Offer and Acceptance
and returning one copy of this document to the tenderer before the end of the period of validity stated in the tender
data, whereupon the tenderer becomes the party named as the Contractor in the conditions of contract identified in
the contract data.
Signature(s)
................................
.............................
Name(s)
................................
..............................
Capacity
...............................
..............................
for the tenderer

(Name and
address of
organization)
....................................................................
....................................................................
....................................................................
Name and
signature
of witness
..............................
Contract
Date . . . . . . . . . . . . . . . . . . . . . . . . . . .
69
C1.1
Acceptance
By signing this part of this Form of Offer and Acceptance, the Employer identified below accepts the tenderers offer.
In consideration thereof, the Employer shall pay the Contractor the amount due in accordance with the conditions of
contract identified in the contract data. Acceptance of the tenderers offer shall form an agreement between the
Employer and the tenderer upon the terms and conditions contained in this agreement and in the contract that is the
subject of this agreement.
The terms of the contract are contained in:
Part C1:
Part C2:
Part C3:
Part C4:
Agreements and contract data (which includes this agreement)

Pricing data
Scope of work
Site information
and drawings and documents or parts thereof, which may be incorporated by reference into Parts 1 to 4 above.
Deviations from and amendments to the documents listed in the tender data and any addenda thereto as listed in
the tender schedules as well as any changes to the terms of the offer agreed by the tenderer and the employer
during this process of offer and acceptance, are contained in the schedule of deviations attached to and forming
part of this agreement. No amendments to or deviations from said documents are valid unless contained in this
schedule.
The tenderer shall within two weeks after receiving a completed copy of this agreement, including the schedule of
deviations (if any), contact the employers agent (whose details are given in the contract data) to arrange the
delivery of any bonds, guarantees, proof of insurance and any other documentation to be provided in terms of the
conditions of contract identified in the contract data. Failure to fulfill any of these obligations in accordance with
those terms shall constitute a repudiation of this agreement.
Notwithstanding anything contained herein, this Agreement comes into effect on the date when the tenderer
receives one fully completed original copy of this document, including the schedule of deviations (if any). Unless the
tenderer (now Contractor) within five working days of the date of such receipt notifies the Employer in writing of any
reason why he cannot accept the contents of this agreement, this agreement shall constitute a binding contract
between the parties.
Signature(s)
.............................
..............................
Name(s)
.............................
..............................
Capacity
............................
..............................
for the
Employer
Name and
signature
of witness
CITY OF CAPE TOWN

Tower Block, Civic Centre,
12 Hertzog Boulevard
Cape Town
..............................
Date . . . . . . . . . . . . . . . . . . .
..............................
Contract
70
C1.1
Schedule of Deviations
Notes:
1.
The extent of deviations from the tender documents issued by the employer before the tender closing date is
limited to those permitted in terms of the conditions of tender.
2.
A tenderer's covering letter shall not be included in the final contract document. Should any matter in such
letter, which constitutes a deviation as aforesaid, become the subject of agreements reached during the
process of offer and acceptance, the outcome of such agreement shall be recorded here.
3.
Any other matter arising from the process of offer and acceptance either as a confirmation, clarification or
change to the tender documents and which it is agreed by the Parties becomes an obligation of the
contract shall also be recorded here.
4.
Any change or addition to the tender documents arising from the above agreements and recorded here,
shall also be incorporated into the final draft of the Contract.
1 Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
...........................................................................
...........................................................................
...........................................................................
2 Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
...........................................................................
...........................................................................
...........................................................................
3 Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
...........................................................................
...........................................................................
...........................................................................
4 Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
...........................................................................
...........................................................................
...........................................................................
By the duly authorised representatives signing this agreement, the Employer and the tenderer agree to and accept
the foregoing schedule of deviations as the only deviations from and amendments to the documents listed in the
tender data and addenda thereto as listed in the returnable schedules, as well as any confirmation, clarification or
changes to the terms of the offer agreed by the tenderer and the employer during this process of offer and
acceptance.
It is expressly agreed that no other matter whether in writing, oral communication or implied during the period
between the issue of the tender documents and the receipt by the tenderer of a completed signed copy of this
Agreement shall have any meaning or effect in the contract between the parties arising from this agreement.
Contract
71
C1.1
For the Tenderer:

Signature(s)
................................
.............................
Name(s)
................................
..............................
Capacity
...............................
..............................
(Name and
....................................................................
address of
organization/tenderer
...............................................................
....................................................................
Name and
signature
of witness
..............................
Date . . . . . . . . . . . . . . . . . . . . . . . . . . .
For the Employer:

Signature(s)
................................
.............................
Name(s)
................................
..............................
Capacity
...............................
..............................
(Name and
address of
organization)
Name and
signature
of witness
CITY OF CAPE TOWN

Tower Block, Civic Centre,
Cape Town
..............................
Contract
Date . . . . . . . . . . . . . . . . . . . . . . . . . . .
72
C1.1
CITY OF CAPE TOWN

C1.2 Contract Data

GENERAL CONDITIONS OF CONTRACT
The following standardized General Conditions of Contract:
General Conditions which form part of the Conditions of Contract for Plant and Design-Build (First
Edition) 1999 (FIDIC Yellow Book)
The Conditions of Contract (Yellow Book) are the Conditions of Contract for Plant and Design-Build for Electrical
and Mechanical Works and for Building and Engineering Works Designed by the Contractor, First Edition 1999,
available separately from the International Federation of Consulting Engineers (FIDIC).
Copies of these Conditions of Contract (Yellow Book) may be obtained from the South African Institution of Civil
Engineering (SAICE) (tel 011 805 5947) or the South African Association of Consulting Engineers (SAACE) (tel
011 463 2022).
Copies of the Conditions of Contract (Yellow Book) are also available for inspection and scrutiny at the offices of
the Employer.
The Annexes and Forms bound in the Conditions of Contract (Yellow Book) shall not apply to this Contract and
shall be replaced with the documentation bound into this tender document.
The General Conditions make reference to the Appendix to Tender and Particular Conditions (contained in the
Contract Data) which together with these conditions collectively describe the risks, liabilities and obligations of the
contracting parties and the procedures for the administration of the Contract. The Contract Data shall have
precedence in the interpretation of any ambiguity or inconsistency between it and the general conditions of
contract.
The General Conditions shall be read in conjunction with the variations, amendments and additions set out in the
Appendix to Tender and Particular Conditions below. Each item of data given below is cross-referenced to the
Clause or Sub-Clause in the General Conditions to which it mainly applies.
The Foreword to the Conditions of Contract (Yellow Book) concludes with the following:
In order to clarify the sequence of Contract activities, reference may be made to the charts on the next two pages
and to the Sub-Clauses listed below (some Sub-Clause numbers are also stated in the charts). The charts are
illustrative and must not be taken into consideration in the interpretation of the Conditions of Contract.
1.1.3.1
1.1.3.2
1.1.6.6
1.1.4.7
1.1.3.3
1.1.3.4
1.1.3.5
1.1.3.6
1.1.3.7
1.1.3.8
1.1.4.4
&
&
&
&
&
&
&
&
&
&
&
13.7
8.1
4.2
14.3
8.2
9.1
10.1
12.1
11.1
11.9
14.13
Base Date
Commencement Date
Performance Security
Interim Payment Certificate
Time for Completion (as extended under 8.4)
Tests on Completion
Taking-Over Certificate
Tests after Completion (if any)
Defects Notification Period (as extended under 11.3)
Performance Certificate
Final Payment Certificate
The charts referred to above are reproduced on the following two pages, amended and amplified where
necessary to conform to the Particular Conditions for this Contract. The charts are illustrative and must not be
taken into consideration in the interpretation of the Conditions of Contract.
Contract
73
C1.2
Contract Data
Issue of the
Tender
Documents
Submission Contractor receives fully completed Form of Offer

of the
and Acceptance on the Commencement Date
Tender
Base
Date
7d
8.2 Time for Completion
14d
Tender period
Delay attributable
2
to the Contractor
Notifying of
Defects
9.1 Tests on
4
Completion
and Trial
Operation
Period (actual)
Remedying
of Defects
Commencement
of Trial
Operation Period
(programmed)
4.2, 8.1 and 18.1 Issue

of the Performance
Security and
Insurances, and
Commencement of
Work
11.9 Issue of
Performance
Certificate
11 Defects
3
Notification period
28d
2.1 Access
to, and
possession
of, the Site
10.1 Issue of TakingOver Certificate
21d
4.2 Return of
the
Performance
Security
Typical sequence of Principal Events during Contracts for Plant and Design-Build
(Modified to suit this Contract)
1. The Time for Completion is stated (in the Appendix to Tender) as a number of days, to which is added any
extensions of time under Sub-Clause 8.4.
2. In order to indicate the sequence of events, the above diagram is based upon the example of the Contractor failing
to comply with Sub-Clause 8.2.
3. The Defects Notification Period is stated (in the Appendix to Tender) as a number of days, to which is added any
extensions under Sub-Clause 11.3.
4. Depending on the type of Works, Tests after Completion may also be required, if provided for in the Contract.
Contract
74
C1.2
Contract Data
14.3 Contractor submits

Statement to the Engineer
th
on or before 20 of the
month
Each of the
monthly (or
otherwise)
interim
payments
The final
payment
14.6 Engineer issues

Interim Payment
Certificate
14.7 Employer makes

the payment to the
Contractor between the
rd
th
23 and 26 of the
ensuing month
No. of days for payment

21d
Engineer verifies
Statement, Contractor
submits information
28d
14.11 Contractor submits

14.11 Contractor submits Final
draft final statement to the Statement and the 14.12
Engineer 14d after receipt discharge
of Performance Certificate
28d
14.13 Engineer
issues Final
Payment
Certificate
14.7 Employer
makes payment
Typical Sequence of Payment Events Envisaged in Clause 14

Party gives
notice of the
intention to
refer a dispute
to a Mediator
20.2 Parties appoint the

Mediator and mediation
takes place in accordance
with SANS 294 (6.9.2
Mediation)
20.3 If either
Party dissatisfied
or mediation fails
a party may
initiate court
proceedings
Mediation
unsuccessful
Parties record
agreement
Mediation
successful
Typical Sequence of Dispute Events Envisaged in Clause 20

Contract
75
C1.2
Contract Data
APPENDIX TO TENDER
Part 1 : Contract Data completed by the Employer
Item
Sub-Clause
Entry
Employer's name and address .................
1.1.2.2 & 1.3(b)
CITY OF CAPE TOWN, represented by the

Executive Director: Transport Roads and
Stormwater, Tower Block, Civic Centre, 12
Hertzog Boulevard, Cape Town, 8001 and/or
such other person or persons duly authorised
thereto by the Employer in writing; the
Employer is referred to in this Contract
Document by the terms Employer, City of
Cape Town or Council as the context
provides.
Engineer's name and address..................
1.1.2.4 & 1.3(b)
Dr Christoff Krogscheepers
ITS Engineers
Postnet Suite 127
Private Bag X7
7536 Tyger Valley
Commencement Date ..............................
1.1.3.2 & 8.1*
Date that the Contractor receives the fully

completed Form of Offer and Acceptance.
Time for Completion of the Works ............
1.1.3.3 & 8.2
Milestone 1: Sections of the Works for the

2010 Soccer World Cup shall be completed
by 3 May 2010.
Milestone 2: Additional Sections of the Works
shall be completed by 1 September 2010.
Milestone 3: The entire Works shall be
completed by 16 February 2011.
Defects Notification Period ......................
1.1.3.7 ...........
365 days
Electronic transmission systems ..............
1.3(a) ...............
e-mail
Governing Law ........................................
1.4....................
Republic of South Africa
Ruling language.......................................
1.4....................
English
Language for communications .................
1.4....................
English
Time for access to, and possession of, the

Site ..........................................................
2.1* ..................
On or before dates for access to Parts of the

Site listed in sub-clause 2.1 of the Particular
Conditions.
Amount of Performance Security .............
4.2....................
7,5 % of the Accepted Contract Amount
Period for notifying unforseeable errors,

faults and defects in the Employer's
Requirements ..........................................
5.1....................
42 days
Normal working hours .....................................
6.5....................
Between sunrise and sunset
Delay penalties for the Works ..................
8.2* & 8.7*
R 5 000,00 per day for Milestone 1

Maximum amount of Delay penalties ............
8.7....................
No limit
Contract
76
C1.2
Contract Data
APPENDIX TO TENDER (CONTD)

Item
Sub-Clause
Entry
Adjustments for Changes in Cost ..............
13.8..................
This Contract shall be subject to Contract

Price Adjustment in strict accordance with
Sub-Clause 13.8.1 and 13.8.2 of the
Particular Conditions.
Total advance payment ................................
14.2...................
None
Number and timing of installments .................
14.2...................
Not applicable
Currencies and proportions.............................
14.2(a) ..............
Not applicable
Start repayment of advance payment .........
14.2(a) ..............
Not applicable
Repayment amortisation of advance payment
14.2(b) ..............
Not applicable
Percentage of retention during contract

period
14.3(d)*.............
10% reducing to 5 % upon the issue of a

Taking-Over Certificate.
Limit of Retention Money ................................
14.3(d)*.............
No limit
Plant and Materials for payment when

shipped en route to the Site ........................
14.5(b) ..............
None (Sub-Clause deleted)
Plant and Materials for payment when

delivered to the Site ....................................
14.5(c) ..............
None (Sub-Clause deleted)
Minimum amount of Interim Payment

Certificates..................................................
14.6...................
No minimum
Currency/currencies of payment.....................
14.15.................
Rand, as named in that section of the Form of

Offer and Acceptance called Offer
(a) evidence of insurance................................
18.1...................
14 days
(b) relevant policies .........................................
18.1...................
14 days
Maximum amount of deductibles for

insurance of the Employer's risks
18.2(d) ..............
Not applicable
Minimum amount of third party insurance
18.3...................
R10 000 000,00
Disputes ..........................................................
20......................
Dispute resolution shall be by mediation

failing which by court proceedings
Name of entity or official for appointment of

Mediator ...................................................
20.2* .................
President of the South African Institution of

Electrical Engineers
Percentage of retention during period of

Operations Agreement ...............................
23.6.2* ..............
10 %
Limit of Operations Retention Money .............
23.3.2* ..............
No limit
Amount of Performance Security during

period of Maintenance Agreement ...........
24.9* ................
10 % of the Accepted Contract Amount for the

Maintenance Agreement
Percentage of retention during period of

Maintenance Agreement ............................
24.10.2* ............
10 %
Limit of Maintenance Retention Money ..........
24.10.2* ............
No limit
Periods for submission of insurance:
* See Particular Conditions

Contract
77
C1.2
Contract Data
Part 2 : Contract Data completed by the Contractor

Contractors name and address......................
1.1.2.3 & 1.3(b).
Percentage for adjustment of Provisional

Sums ...............................................................
13.5(b)(ii) ..........
Contract
78
C1.2
Contract Data
PARTICULAR CONDITIONS
The Particular Conditions are:
General Provisions
Sub-Clause 1.1 Definitions

1.1.1 The Contract
1.1.1.1 is deleted and replaced by:
Contract means the Form of Offer and Acceptance, Contract Data, these Conditions, the Employers
Requirements, the Specifications, the Drawings, the Schedules, and the further documents (if any) which are
listed in the Form of Offer and Acceptance, and further includes drawings and documents or parts thereof which
any of the aforesaid documents incorporate by reference.
Contract Agreement means the document called Form of Offer and Acceptance.
Letter of Acceptance means that section of the Form of Offer and Acceptance called Acceptance.
Letter of Tender means that section of the Form of Offer and Acceptance called Offer.
Employers Requirements means the document entitled Scope of Work, as included in the Contract, and any
additions and modifications to such document in accordance with the Contract. Such document specifies the
purpose, scope, and/or design and/or other technical criteria, for the Works, and includes the Detailed
Specifications. The Employers Requirements are contained in Part C3: Scope of Work and Part C4: Site
Information, and are included in a separate volume (Volume 2A).
Schedules means the document(s) entitled schedules, completed by the Contractor and submitted with his
tender offer, as included in the Contract. Such document(s) shall include the Returnable Schedules and the
Schedules of Quantities, and may include data, lists and schedules of rates and/or prices.
Contractors Proposal means the information which the Contractor submitted with the Form of Offer and
Acceptance, as included in the Contract. Such information shall include the information listed in Schedule 17 in
Part T2.2 Returnable Schedules and may also include the Contractors preliminary design.
Tender means that section of the Form of Offer and Acceptance called Offer and all other documents which
the Contractor submitted as Returnable Documents, as included in the Contract.
Appendix to Tender means the completed section entitled Appendix to Tender included in this Contract Data.
Add the following Sub-Clause after Sub-Clause 1.1.1.10:
1.1.1.11
Returnable Schedules means the Schedules contained in Part T2.2 of the Tender Data and Part C2.1 of the
Pricing Data, and Schedules of Quantities means the document contained in Part C2.2 of the Pricing Data, as
included in the Contract.
Contract
79
C1.2
Contract Data
1.1.2 Parties and Persons

Contractor means the person(s) named as Contractor in that section of the Form of Offer called Offer
accepted by the Employer and the legal successors in title to this person(s).
Mediator means the person appointed under Sub-Clause 20.2.
1.1.3 Dates, Tests, Periods and Completion
Base Date means the date 7 days prior to the latest date for the submission of the Tender.
Commencement Date means the date the Contractor receives the fully completed Form of Offer and
Acceptance.
1.1.4 Money and Payments
Accepted Contract Amount means the amount accepted in that section of the Form of Offer and Acceptance
called Acceptance for the execution and completion of the Works and the remedying of any defects.
Foreign Currency means a currency in which part (if any) of the Contract Price is payable, but not the Local
Currency.
1.1.4.13
Contract Price Adjustment means the adjustment to be included in the Contract Price for
fluctuations in the Cost of Plant and Materials, Site installation and General items, Health and
Safety, Environmental Management, Sundries, etc. and Variations in Rates of Exchange, Customs
Surcharge and Customs Duty, all as provided for in Sub-Clause 13.8.
1.1.6 Other Definitions

1.1.6.10
Letter of Notification means the letter of formal notification, signed by the Employer, of the
decision of the Supply Chain Management Bid Adjudication Committee sent to all tenderers. The
notification of the decision does not form part of the Employers Acceptance of the successful
tenderers Form of Offer and no rights shall accrue.
Sub-Clause 1.5 Priority of Documents

Deleted and replaced by:
The documents forming the Contract are to be taken as mutually explanatory of one another. For the purposes of
interpretation, the priority of the documents shall be in accordance with the following sequence:
(a)
(b)
(c)
(d)
(e)
(f)
the Form of Offer and Acceptance,

the Appendix to Tender within the Contract Data,
the Particular Conditions within the Contract Data,
these General Conditions,
the Employers Requirements, and
the Schedules.
If an ambiguity or discrepancy is found in the documents, the Engineer shall issue any necessary clarification or
instruction.
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80
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Contract Data
Sub-Clause 1.6 Contract Agreement

The Parties shall enter into a Contract Agreement after the Contractor is called upon to do so by the Employer.
The Agreement shall be the fully completed Form of Offer and Acceptance contained in the Contract Document.
Sub-Clause 1.8 Care and Supply of Documents
Delete six copies in the second sentence of the first paragraph and replace with three copies.
The Employer
Sub-Clause 2.1 Right of Access to the Site

Delete sub-paragraph (b) and replace with:
(b) payment, which shall be included in the Contract Price, as follows:
An item has been included in the Schedules of Quantities to cover Cost in the event of the Employer failing to
give the Contractor access to, and possession of, the Site or one or more of the Sections of the Site within
the time stated in the Appendix to Tender.
The period of delay which may be allowed by the Engineer and paid for under this sub-paragraph shall be
agreed margins of latitude to cover delays, normally beyond control of the Employer, for which the Contractor
may be compensated by the stipulated amount. These delays shall not be regarded as an instruction to
suspend the work in terms of Sub-Clause 8.8 of the Conditions of Contract.
The amount tendered shall include for all additional Cost incurred by such delays, including financing,
storage, labour, handling, protection, insurance, overheads, etc., and profit. Should no delays be experienced
in terms of this sub-paragraph, the sum included in the Schedules of Quantities therefor shall be deducted.
For Contracts subject to Adjustment for Changes in Cost (Sub-Clause 13.8) the abovementioned amount
shall be regarded as extra over any Contract Price Adjustment.
Add the following:
The Parts of the Site constituting the Site as further described in clause C3.4 of the Scope of Works shall consist
of the following locations where the contractor will be required to install equipment and further undertake the
requirements of the Contract:
(i)
(ii)
(iii)
(iv)
(v)
Control Centre
Smart Trunk Stations
Smart Feeder Stations
Bus Depots
On-board Buses
Access to, and possession of, Parts of the Site will be granted for the purpose of executing the specified Works.
The Employer will give the Contractor access to, and possession specific Parts of the Site of at certain times to be
agreed between the Employer and the Contractor, within the time stated below, provided that all drawings and
other information required to be submitted for acceptance in terms of the Contract have been accepted by the
Engineer.
Milestone 1 2010 tournament 2010-05-05
With regard to the Parts of Site requiring access for the performance of Milestone 1, access is expected to be
provided to the Contractor on or before the following dates:
Access to vehicles
Type
Vehicles delivered
18m
12m
8.8m
18m
4
1
4
3
Contract
Date on or before when access will

be provided to the Contractor
2009-11-02
81
C1.2
Contract Data
12m
8.8m
18m
12m
8.8m
18m
12m
8.8m
18m
12m
8.8m
1
3
4
1
4
5
1
5
1
55
45
TOTAL
137
2010-01-08
2010-02-05
2010-02-26
2010-04-01
Access to trunk stations

Trunk stations

2001-12-08
2010-02-26
2010-02-26
2010-02-26
2010-02-26
2010-02-26
Granger Bay (1 Platform)

Hertzog-Civic (9 Platforms)
Stadium (4 Platforms)
Cape Town International Airport (2 Platforms)
Bayside Centre (2 Platforms)
Atlantis (3 Platforms)
Access to Inner City feeder stations
None
Traffic Management Centre
The TMC will be accessible on the Commencement Date.
Milestone 2 2010-09-01
Only those vehicles, trunk stations and the TMC, which will be made accessible to the Contractor prior to
Milestone 1, are at minimum required to be completed for Milestone 2.
Milestone 3 2011-02-16
With regard to the Parts of Site requiring access for the performance of Milestone 3, access is expected to be
provided to the Contractor on or before the following dates:
Access to vehicles
Type
Vehicles delivered
18m
12m
8.8m
30
93
6
TOTAL
129

2010-09-01
Access to trunk stations

Trunk stations

2010-12-31
2010-12-31
2010-12-31
2010-12-31
2010-12-31
2010-12-31
2010-12-31
2010-12-31
2010-12-31
2010-12-31
Woodstock (1 Platform)
Paarden Island (2 Platforms)
Neptune (2 Platforms)
Section (2 Platforms)
Vrystaat (2 Platforms)
Zoar Vlei (1 Platform)
Lagoon (1 Platform)
Woodbridge (1 Platform)
Milnerton (1 Platform)
Racecourse Road (1 Platform)
Contract
82
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Contract Data
Sunset Beach (1 Platform)
2010-12-31
Access to feeder stations

Feeder stations in both
directions
Route/Area
Seapoint - CBD Garden Centre
Seapoint CBD Vredehoek
City Bowl Circle Line
Hout Bay Camps Bay CBD V&A Waterfront
Melkbos F13
Atlantis F08 F12
Bayside F14 F16
Salt River F18 F19
50
8
38
64
20
186
96
82
TOTAL
Date on or before when

access will be provided
to the Contractor
2010-12-31
2010-12-31
2010-12-31
2010-12-31
2010-12-31
2010-12-31
2010-12-31
2010-12-31
544
Access to depots
Depot

2010-12-31
2010-12-31
CBD
Potsdam
Sub-Clause 2.4 Employers Financial Arrangements

Delete this Sub-Clause.
Sub-Clause 2.5 Employers Claims
Insert or by law after Contract in the first sentence of the first paragraph.
The Engineer
Sub-Clause 3.1 Engineers Duties and Authority

Add the following at the end of second paragraph: except in the upholding of good engineering principles and
practice.
The requirements for the Engineer to obtain the approval of the Employer before exercising a specified authority
are:
1.
2.
3.
4.
5.
Giving consent for work to be carried out on days of rest or outside normal working hours in terms of SubClause 6.5 (b).
The approval of a revised programme and supporting report in order to expedite progress in terms of SubClause 8.6.
Suspending progress of part or the whole of the Works in terms of Sub-Clause 8.8.
Determining the extent required for rectifying loss or damage to the Works resulting from Employers Risks in
terms of Sub-Clause 17.4.
Instructing the Contractor to employ additional resources besides the Operations Manager to undertake
operational functions in the Control Centre in terms of Sub-Clause 23.2 during the period of the Operations
Agreement.
Sub-Clause 3.4 Replacement of the Engineer

Delete and replaced by:
The Employer shall have the right to replace the Engineer.
The Contractor
Sub-Clause 4.2 Performance Security
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83
C1.2
Contract Data
Delete the first sentence of the second paragraph and replace with:
The Contractor shall deliver the Performance Security to the Employer within 14 days from the Commencement
Date. The Form of Performance Security - Demand Guarantee shall contain the wording of the document
included in Part C1.3 of the Contract Data.
Sub-Clause 4.3 Contractors Representative
Delete prior to the Commencement Date in the first sentence of the second paragraph and replace with within
14 days from the Commencement Date.
Sub-Clause 4.4 Subcontractors
Delete 28 days notice in sub-paragraph (c) and replace with 14 days notice.
Sub-Clause 4.8 Safety Procedures
The Contractors attention is also drawn to Sub-Clause 4.22 (c), and to the Health and Safety Specification in the
Employers Requirements.
Sub-Clause 4.17 Contractors Equipment
Add the following:
The Contractor shall provide all necessary storage facilities on Site.
Sub-Clause 4.18 Protection of the Environment
The Contractors attention drawn to the Environmental Management requirements of Clause C3.1.2.4 of the
Scope of Works in the Employers Requirements.
Sub-Clause 4.22 Security of the Site
Add the following Sub-Clause:
(c)
The Contractor shall in connection with the Works provide and maintain at his own cost all lights, guards,
fencing, watching and other appropriate security measures when and where necessary or required by the
Engineer or by any competent statutory or other authority for the protection and security of the Works and
the Contractor's Equipment, or for the safety and convenience of the public and for the protection of life
and property.
Add the following:

The Contractor must secure all sections of the site as defined in sub-clause 2.1 of the Particular Conditions. The
Contractor may be given access to sections of the site (such as top station structures) while the contractor for that
project is in progress prior to that contractors handover. In such an event the Contractor must, subject to
agreement with the Engineer, make his own security arrangements and provide additional security measures, if
necessary, that are in the view of the Contractor and his insurer to protect his Works until handover.
The Contractor will be entitled to claim only for the security measures that are required under the relevant pay
items provided for and priced under the P&G section of the Schedule of Quantities.
Sub-Clause 4.23 Contractors Operations on Site
Add the following:
The Contractor shall protect and cover up all works as may be required and take all other precautions necessary
to avoid causing damage of new and existing equipment, buildings and structures. This shall inter alia apply
when activities such as painting, welding, soldering, grinding and so forth must be performed on the Site. The
Contractor shall, on completion, remove all protective covers and shall at his cost rectify all damage to finishes to
the satisfaction of the Engineer.
Design
Sub-Clause 5.1 General Design Obligations

Add the following at the end of the first paragraph:
Contract
84
C1.2
Contract Data
The Contractors design shall comply with Clause 3.1 Description of Works in the Scope of Works in the
Employers Requirements.
In the third paragraph:
Delete Upon receiving notice under Sub-Clause 8.1 in the first sentence of the third paragraph and replace with
Subject to the provisions of Sub-Clause 8.1.
Sub-Clause 5.2 Contractors Documents
Delete the content of sub-paragraph (a) (iii) in the sixth paragraph and replace with:
the Contractor shall be entitled to an extension of the Time for Completion upon the expiry of the review periods
for all the Contractors Documents;
Add the following:
Without limiting the provisions of this Sub-Clause, the requirements relating to the information and drawings to be
submitted by the Contractor to the Engineer prior to the purchase and manufacture of any plant and equipment
shall be as stated in the Part C3.2 Engineering Design of the Scope of Work in the Employers Requirements.
Sub-Clause 5.5 Training
Add the following:
Particular training requirements are specified in Part C3.5 Training of the Scope of Work in the Employers
Requirements.
Staff and Labour
Sub-Clause 6.5 Working Hours

Add the following:
The days of rest are Saturdays, Sundays and all gazetted public holidays.
Sub-Clause 6.7 Health and Safety
The Contractors attention is also drawn to F4.1 in T1.2 Tender Data and to the Health and Safety Specification in
the Employers Requirements, which shall take precedence in case of conflict with this Sub-Clause.
Add the following:
The Employer and the Contractor shall enter into an agreement to complete the work required for the construction
of the Works in terms of the provisions of Section 37(2) of the Occupational Health and Safety Act (No. 85 of
1993) and the Construction Regulations promulgated thereunder.
The Contractor shall provide proof to the Employer, within 14 days from the Commencement Date, that he has
paid all contributions required in terms of the Compensation for Occupational Injuries and Diseases Act (No. 130
of 1993).
Plant, Materials and Workmanship
Sub-Clause 7.3 Inspection

Add the following after the last paragraph:
The Contractor shall ensure that equipment complies with the specified requirements before arranging for the
Engineers Factory Inspection Tests (FAT) specified in Part C3.4 Testing and Commissioning of the Scope of
Work in the Employers Requirements. The Contractor shall then make all arrangements for the Engineer to
perform the inspections to meet specifications in Parts C3.9 C3.14 Detailed Specifications.
The purpose of these inspections is to reduce the risk of non-compliant equipment being transported to Site. The
inspections do not reduce the Contractors responsibility for complying with the Contract.
Contract
85
C1.2
Contract Data
The Contractor shall carry all costs related to any inspection outside the City of Cape Town, including the
Engineers travelling and associated costs, but not the cost of the Engineers time-related fees.
Sub-Clause 7.4 Testing
Add the following:
The following testing procedures specified in clause C3.4 of the Scope of Works in the Employers Requirements
shall apply:
(i)
(ii)
(iii)
(iv)
Testing Stage 1: Factory Acceptance Test (FAT);

Testing Stage 2: System Integration Test (SIT);
Testing Stage 3: Onsite Integration Testing (OIT); and
Testing Stage 4: System Acceptance Testing (SAT).
Commencement, Delays and Suspension
Sub-Clause 8.1 Commencement of Work

Delete the first paragraph and replace with the following:
The Commencement Date shall be as stated in the Appendix to Tender, and shall be not later than 120 days after
the latest date for submission of tenders, unless the tender offer validity period is extended by the Tenderer upon
request of the Employer in terms of F.2.16.2 in Annex F.
The Contractor shall commence executing the Works within 14 days from the Commencement Date.
Notwithstanding the above, the Contractor will not be permitted to commence executing the Works before the
Form of Performance Security - Demand Guarantee and required insurances and other specified items have been
submitted and approved.
Sub-Clause 8.2 Time for Completion
Delete sub-paragraph (a) and replace with:
(a)
achieving the passing of the Tests on Completion and the 28 day Trial Operation Period referred to in SubClause 9.1, and
Add the following:

(c)
requiring to achieve the following Milestones, failing which the penalty clauses provided for in the Appendix
to Tender will be invoked:
Milestone 1: 2010 tournament on or before 2010-05-05

(i)
(ii)
Installation of components and software systems on all vehicles as required to deliver a functional basic
vehicle tracking system; and
Installation of a functional control centre in the TMC to undertake vehicle tracking and monitoring.
Milestone 2: on or before 2010-09-01

(i)
(ii)
(iii)
Installation of all system components and software on vehicles to which access is given for Milestone 1, as
required under the Contract;
Installation of all hardware and software systems to deliver a fully functional control centre in the TMC; and
Installation of all systems and software in trunk and feeder stations to which access is given to the
Contractor for Milestone 1.
Milestone 3: on or before 2011-02-16

Completion of remaining installation on all vehicles, stations, TMC and depots.
Sub-Clause 8.3 Programme
Delete the first sentence of the first paragraph and replace with:
The Contractor shall submit a detailed time programme to the Engineer within 14 days from the Commencement
Date.
Contract
86
C1.2
Contract Data
Add the following after the first paragraph:

The Contractor shall incorporate the programming restrictions in Sub-Clause 2.1 of these Particular Conditions
into the programme.
Sub-Clause 8.7 Delay Damages
Delete Damages in the title and damages in the body of this Sub-Clause and replace with Penalties in the
title and penalties in the body, respectively.
Tests on Completion
Sub-Clause 9.1 Contractors Obligations

Add the following before the fourth paragraph of this Sub-Clause:
The following testing procedures specified in clause C3.4 of the Scope of Works shall apply:
(i)
(ii)
(iii)
(iv)
Testing Stage 1: Factory Acceptance Test (FAT) and

Testing Stage 2: System Integration Test (SIT) shall constitute the pre-commissioning tests;
Testing Stage 3: Onsite Integration Testing (OIT) shall constitute the commissioning tests; and
Testing Stage 4: System Acceptance Testing (SAT) shall constitute the trial operation.
Add the following before the last paragraph of this Sub-Clause:

The Contractor shall provide all necessary test equipment, materials and tools and competent staff for the
performance of the specified performance acceptance tests and shall submit for the approval of the Engineer
certified copies of the calibration certificates for the test equipment.
When all Test Stages 1, 2 and 3 specified in clause C3.4 of the Scope of Works have been successfully
completed to the satisfaction of the Engineer, Test Stage 4 will constitute the Trial Operation Period and shall
start and consist of a continuous period of operation of 28 days free from trouble. During the Trial Operation
Period the Contractors Operations Manager shall carry out all necessary operations management and any
adjustments required. The Entitys Control Centre personnel will assist the Contractor in operating the Control
Centre and all other systems during this period and at this time the Contractor shall train the Entitys Control
Centre personnel in operating the Control Centre Systems, and in operational requirements and procedures.
At the end of the Trial Operation Period the Contractor shall arrange for an acceptance inspection to be carried
out together with the Engineer for the purpose of taking over the Works and the issuing of the Taking-Over
certificate in terms of Clause 10.
10 Employers Taking Over

Sub-Clause 10.1 Taking Over of the Works and Sections
Add the following before the first paragraph:
At the end of the Trial Operation Period an inspection shall be undertaken by the Contractor and the Engineer for
the purpose of taking over the Works in terms of this Clause 10.
Amend the first paragraph as follows:
Delete: , or is deemed to have been issued in (ii).
Delete the last paragraph.
Sub-Clause 10.1 Taking Over of Works and Sections
For the purpose of issuing a Taking-Over Certificate for a Section of the Works, Sections of Works are defined as
a sub-set of vehicles, a sub-set of stations, one of the depots or the TMC.
Sub-Clause 10.2 Taking Over of Parts of the Works
Contract
87
C1.2
Contract Data
For the purpose of issuing a Taking-Over Certificate of a Part of the Works, Parts of Works are defined as follows
and are further described in Part C3: Scope of Works in the Employers Requirements:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
Computer Aided Scheduling and Dispatching (CASD) system;

Automatic Vehicle Location (AVL) systems;
Automatic Passenger Counter (APC) system;
Advanced Traveller Information (ATI) and Communication systems;
Security and Surveillance Systems (CCTV and Emergency Phones);
Data Management System; and
Bus (transit) signal priority (TSP) system
Sections of the Works are defined, for the purpose of issuing a partial Taking-Over Certificate, as a set of
vehicles, a set of stations, depots or the TMC.
Sub-Clause 10.3 Interference with Tests on Completion
Delete paragraphs 1 and 2 and replace with:
The Contractor is entitled to an extension of time and costs if prevented from carrying out the Tests on
Completion by a cause for which the Employer is responsible.
Delete sub-paragraph (b) and replace with:
(b) payment, which shall be included in the Contract Price, as follows:
An item has been included in the Schedules of Quantities to cover Cost in the event that the Contractor
cannot commence testing and commissioning within the contractually agreed period, and the resultant delay
in the commencement of the Defects Notification Period, from causes not attributable to the Contractor.
The period of delay which may be allowed by the Engineer and paid for under this sub-paragraph shall be
agreed margins of latitude to cover delays, normally beyond control of the Employer, for which the Contractor
may be compensated by the stipulated amount. These delays shall not be regarded as an instruction to
suspend the work in terms of Sub-Clause 8.8 of the Conditions of Contract.
The amount tendered shall include for all additional Cost incurred by such delays, including financing,
storage, labour, handling, protection, insurance, overheads, etc., and profit. Should no delays be experienced
in terms of this sub-paragraph, the sum included in the Schedules of Quantities therefor shall be deducted.
For Contracts subject to Adjustment for Changes in Cost (Sub-Clause 13.8) the abovementioned amount
shall be regarded as extra over any Contract Price Adjustment.
11 Defects Liability
Sub Clause 11.3 Extension of Defects Notification Period
Delete the last sentence in the first paragraph.
13 Variations and Adjustments

Sub-Clause 13.1 Right to Vary
Delete the last sentence in the first paragraph.
Sub-Clause 13.8 Adjustment for Changes in Cost
13.8.1
General
The Accepted Contract Amount shall be deemed to have included amounts to cover the
contingency of all other rises and falls in costs not covered by the provisions of this or other
Clauses.
If provision has been made in the Appendix to Tender for prices to be subject to adjustment,
such adjustments claimed by the Contractor shall be made in accordance with the Sub-Clauses
referred to therein.
Contract
88
C1.2
Contract Data
The following general provisions shall apply in all cases:

(a) The Base Date shall be as defined in Sub-Clause 1.1.3.1.
(b) Adjustments for changes in cost shall be calculated as if the Works are executed within the
time for completion and no additional costs due to any work being executed outside the
time for completion shall be payable unless the Engineer allows an extension of time in
accordance with Sub-Clause 8.4.
(c) Claims for adjustments for changes in cost shall be supported by such documentary
evidence that may be required by the Engineer. Failure to render this information may
result in the rejection of claims for price adjustment.
(d) The value of imported Plant and Materials shall be as defined in Sub-Clause 13.8.2.2.4.
(e) No claims for adjustments for changes in cost will be accepted which are submitted later
than 28 days after the date of issue of the Taking-Over Certificate.
13.8.2
Contract Price Adjustment

Contract Price Adjustment shall be as defined in Sub-Clause 1.1.4.13.
13.8.2.1
Plant and Materials Manufactured in South Africa
13.8.2.1.1
Permissible Adjustments
Adjustment to the Contract price for the supply, delivery and storage of Plant and Materials
manufactured in the Republic of South Africa, shall be allowed only for variations in the cost of
labour and material based on the indices published by the Steel and Engineering Industries
Federation of South Africa (SEIFSA) using the method described in Sub-Clause 13.8.2.1.2.
The following SEIFSA tables shall be regarded as relevant to Electrical Works in this Contract:
13.8.2.1.2
Table C3
Index of actual labour cost
Table G
Statistics SA - production price index, Electrical Engineering Materials.
Method of Price Adjustment

Adjustment of the total values inserted in the Schedules of Quantities for the supply, delivery
and storage of Plant and Materials manufactured in the Republic of South Africa shall be based
on the following:
(a) The estimated proportions (represented by the coefficients b, c, in the formulae in subparagraph (b) below) of the total values shall be adjusted on the basis of the increase or
decrease between the indices in the relevant tables at the Base Date and these indices at
a date 42 days prior to the valuation date, for each month in which the Plant and Materials
are contractually delivered to Site, by multiplying the monthly values certified by the
relevant Adjustment Factor in the formulae in sub-paragraph (b) below.
(b) the applicable formulae are:
Electrical Plant and Materials
A = a + b Ln + c En
Lo
Eo
where
- 1
A
a
b
c
=
=
=
=
Adjustment Factor rounded off to the sixth decimal place

0.10
Fixed coefficient (non-adjustable portion)
0.55 )
0.35 )
Coefficients (sum of these coefficients shall be 0,90)
Ln
Lo
En
Eo
=
=
=
=
Current labour index in Table C3

Base labour index in Table C3
Current electrical engineering materials index in Table G
Base electrical engineering materials index in Table G
Contract
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C1.2
Contract Data
Current indices are those applicable 42 days prior to date of claim, as stated in
sub-paragraph (a) above
Base indices are those applicable at Base Date, as stated in sub-paragraph (a)
above
(c)
The value of any Plant and Materials imported from outside South Africa inserted in
Schedule 25 and subject to Sub-Clause 13.8.2.2.2(a) shall be deducted from the
total values to be adjusted by the SEIFSA Index adjustment. Any Plant and
Materials not inserted in Schedule 25 shall be deemed to be manufactured in South
Africa for the purposes of Contract Price Adjustment.
13.8.2.2
Plant and Materials Imported from Outside South Africa
13.8.2.2.1
Permissible Adjustments
Adjustment to the Contract price for the supply, delivery and storage of any Plant and Materials
imported from outside the Republic of South Africa will be permitted only in respect of the
following variables:
(a) Variations in Rates of Exchange as detailed in Sub-Clause 13.8.2.2.2, and
(b) Variations in Customs Surcharge and Customs Duty as detailed in Sub-Clause 13.8.2.2.3
13.8.2.2.2
Variations in Rates of Exchange

Adjustment for variations in rates of exchange shall be based on the following:
(a) The Tenderer shall have completed Schedule 25 for all imported Plant and Materials
intended to be subject to variations in rates of exchange, subject to the following:
i.
the value in foreign currency inserted in column (A) shall be subject to Sub-Clause
13.8.2.2.2(e) when recalculating the Rand value,
ii.
the rate of exchange inserted in column (B) shall be the spot selling rate quoted
by Councils main banker, ABSA on the Base Date, rounded to the second
decimal place,
iii.
if the rate of exchange inserted by the Tenderer differs from the ABSA rate
referred to above, then the ABSA rate shall apply and the Rand value in columns
(C) and (F) shall be recalculated accordingly, without altering the price in the
Schedules of Quantities for the relevant items, and
iv.
if a quotation from a supplier or sub-contractor provides for variations in rates of

exchange, the Contractor may only claim for variations in rates of exchange if he
binds the supplier or sub-contractor to the same provision to take out forward
cover as described in sub-paragraph (b) below.
(b) The Contractor (or supplier or sub-contractor) shall within five working days from the date
of placing a firm order on an overseas supplier, cover or recover forward by way of a
contract with a bank which is an authorised foreign exchange dealer, the foreign exchange
component of the cost of any imported Plant and Materials inserted by the Tenderer in
Schedule 25.
(c) When the Contractor (or supplier or sub-contractor) so obtains forward cover, the
Contractor shall immediately notify the Employer of the rate obtained and furnish the
Employer with a copy of the foreign exchange contract note.
(d) Based on the evidence provided in sub-paragraph (c), the value in Rand inserted in column
(C) of Schedule 25 shall be recalculated using the forward cover rate obtained, and any
increase or decrease in the Rand value defined in Sub-Clause 13.8.2.2.4 shall be adjusted
accordingly.
Contract
90
C1.2
Contract Data
(e) In the event of the value in foreign currency inserted in column (A) of Schedule 18
exceeding the value in the Contractors (or suppliers or sub-contractors) forward cover
contract, the adjustments shall be calculated only upon the value in the forward cover
contract.
13.8.2.2.3
Variations in Customs Surcharge and Customs Duty

(a) Any increase or decrease in the Rand value between the amounts of Customs Surcharge
and Customs Duty inserted in Schedule 25 and those amounts actually paid to the
Customs and Excise Authorities, which are due to changes in the percentage rates
applicable or to the foreign exchange rate used by the authorities, shall be adjusted
accordingly.
(b) The Tenderer shall state the Customs Duty Tariff Reference applicable to each item and
the Contractor shall advise the Engineer of any changes which occur.
13.8.2.2.4
Value of Imported Plant and Materials

Subject to Sub-Clause 13.8.2.2.2 (a), the Rand value of imported Plant and Materials inserted
in Schedule 25 (column (F)) shall be the value in foreign currency (column (A)) converted to
South African Rand (column (C)) by using the spot selling rate quoted by Councils main
banker, ABSA on the Base Date rounded to the second decimal place (column(B)), to which
shall be added any Customs Surcharge and Customs Duty applicable at that date (columns (D)
and (E)).
13.8.2.3
Site Installation and General Items

Adjustment of the total values inserted in the Schedules of Quantities for Site installation and
General items, Health and Safety, Environmental Management, Sundries, and for any other
items so described or implied in the Schedules of Quantities to be adjusted under this SubClause, shall be based on the following:
(a) No Contract price adjustment shall be applied to the total values in respect of providing the
Performance Security - Demand Guarantee and Insurances.
(b) The estimated proportion (represented by the 0.90 coefficient in the formula in subparagraph (c) below) of the total values shall be adjusted on the basis of the increase or
decrease between SEIFSA Table C3(A) Index of actual labour cost (field force) where
subsistence allowance is paid, at the Base Date and this index at the valuation date, for
each month in which the work is contractually executed, by multiplying the monthly values
certified by the Adjustment Factor in the formula in sub-paragraph (c) below.
(c) the applicable formula is:
Site Installation and General Items
A = 0.10 + 0.90
where
A =
0.10 =
0.90 =
Ln =
Lo =
Ln - 1
Lo
Adjustment Factor rounded off to the sixth decimal place
Fixed coefficient (non-adjustable portion)
Coefficient
Current labour index in Table C3(A)
Base labour index in Table C3(A)
Current index is that applicable at the valuation date, as stated in subparagraph (b) above
Base index is that applicable at Base Date, as stated in sub-paragraph (b)
above
14 Contract Price and Payment

Sub-Clause 14.1 The Contract Price
Delete sub-paragraphs (c) and (d) and replace with:
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91
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(c) Prices entered in the Schedules of Quantities, together with any schedule of rates for which provision is
made in a Schedule, will be used for calculating the value of completed works for the purpose of interim
payments or for determining the value of changes, omissions and additions for variation instructions when in
the opinion of the Engineer such prices are applicable.
(d) The amounts of work and material given in the Schedules of Quantities are not to be considered as limiting or
extending the amount of work to be done or material to be supplied by the Contractor.
(e) The percentage completion of the amounts of work and materials given in the Schedules of Quantities shall
be determined by the Engineer for interim payment certificates when checking the Contractors Statement
referred to in Sub-Clauses 14.3 and 14.6.
Sub-Clause 14.2 Advance Payment
Sub-Clause 14.3 Application for Interim Payment Certificates
Replace in six copies in the first line of the first paragraph with in three copies.
Delete sub-paragraphs (a) to (g) and replace with:
(a) The estimated contract value of any approved materials, goods, plant and equipment which has been
delivered to Site but has not yet been installed, provided the conditions for delivery and storage specified in
the Employers Requirements are followed to the complete satisfaction of the Engineer;
No such payment will be made for materials, goods, plant and equipment stored elsewhere and no materials,
goods, plant and equipment may be delivered to Site before possession of the Site is given to the Contractor.
Variation from this condition will only be considered under special circumstances and approval in advance
must be obtained from the Engineer;
(b) The estimated contract value of any general, installation, testing and commissioning work executed, including
the value of any other items so described in the Schedules of Quantities to be adjusted together with this
work, as determined from time to time until the commencement of the Defects Notification Period;
(c) any amounts to be added and deducted for changes in legislation and changes in Cost, in accordance with
Sub-Clause 13.7 and Sub-Clause 13.8;
(d) any amount to be deducted for retention, calculated by applying the percentage of retention stated in the
Appendix to Tender to the total of the above amounts;
(e) any other additions or deductions which may have become due under the Contract or otherwise, including
those under Clause 20; and
(f)
the deduction of amounts certified in all previous Payment Certificates.
Sub-Clause 14.4 Schedule of Payments

Sub-Clause 14.5 Plant and Materials intended for the Works
Sub-Clause 14.6 Issue of Interim Payment Certificates
Delete within 28 days in the second sentence of the first paragraph and replace with within 21 days.
Sub-Clause 14.7 Payment
Delete sub-paragraphs (a) to (c) and replace with:
(a)
the amount certified in each Interim Payment Certificate within the number of days after the Engineer
th
receives the Statement and supporting documents, whereby invoices dated on or before the 20 of a
rd
th
particular month will be paid between the 23 and 26 of the ensuing month.
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(b)
the amount certified in the Final Payment Certificate within 28 days after the Employer receives this
Payment Certificate.
Sub-Clause 14.9 Payment of Retention Money

Delete Promptly in the first sentence of the second paragraph and replace with Within 14 days.
Delete certified and paid promptly in the second sentence of the second paragraph and replace with certified by
the Engineer for payment within 14 days to the Contractor.
Delete the last paragraph and replace with:
The relevant contract value for each Section shall be determined by the Engineer, based on the Schedules of
Quantities and any variations and adjustments thereto.
Sub-Clause 14.10 Statement at Completion
Delete Within 84 days in the first paragraph and replace with Within 21 days.
Replace six copies of in the first paragraph with three copies of.
Sub-Clause 14.11 Application for Final Payment Certificate
Delete Within 56 days in the first paragraph and replace with Within 14 days.
Replace six copies of in the first paragraph with three copies of.
Delete the second sentence of the last paragraph and replace with:
Thereafter, if the dispute is finally resolved under Clause 20 Claims, Disputes and Arbitration, the Contractor shall
then prepare and submit to the Employer (with a copy to the Engineer) a Final Statement.
Sub-Clause 14.15 Currencies of Payment
Delete damages in sub-paragraph (b) and replace with penalties.
15 Termination by Employer
Sub-Clause 15.2 Termination by Employer
Delete or at the end of sub-paragraph (e) and add the following sub-paragraphs after sub-paragraph (f):
(g)
fails to provide the required Performance Security and insurances within the prescribed time,
(h)
committed a corrupt or fraudulent act during the procurement process or the execution of the contract, or
(i)
an official or other role player committed any corrupt or fraudulent act during the procurement process or in
the execution of the contract that benefited the Contractor,
Delete (e) or (f) in the second sentence of the second paragraph and replace with (e), (f), (h) or (i).
16 Suspension and Termination by Contractor

Sub-Clause 16.1 Contractors Entitlement to Suspend Work
Delete Sub-Clause 2.4 or in first paragraph.
Sub-Clause 16.2 Termination by Contractor
Delete sub-paragraph (a).
17 Risk and Responsibility

Sub-Clause 17.3 Employers Risks
Delete sub-paragraphs (a) to (h) and replace with:
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93
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(a)
war, invasion, act of foreign enemies, hostilities or warlike operations (whether war be declared or not) or
civil war,
(b)
insurrection, rebellion or revolution,
(c)
mutiny, military rising, military or usurped power, martial law or state of siege, or any other event or
cause which determines the proclamation or maintenance of martial law or state of siege,
(d)
any event which, at the Base Date, is defined as a risk in terms of insurance offered by the South African
Special Risks Insurance Association,
(e)
any occurrence for which a fund has been established in terms of the War Damage Insurance and
Compensation Act, as amended,
(f)
the impact of meteorites,
(g)
pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds,
(h)
ionising radiation or contamination by radioactivity from any nuclear fuel or from any nuclear waste from
the combustion of nuclear fuels,
(i)
the use of or occupation by the Employer or the Employers Personnel or the Employers agents or other
contractors (not employed by the Contractor) of any part of the Works without mutual agreement,
(j)
the design, specification or instruction of the Engineer, Employer or any of their employees or agents, or
defects in the materials supplied by the Employer for incorporation in the Works,
(k)
the confiscation, commandeering, nationalisation, requisition or destruction of or damage to property by

an order of government, or any public or local authority, and
(l)
the fact that the value of materials, as supplied by the Employer for incorporation in the Works, exceeds
the value thereof as specified by or on behalf of the Employer at the time of delivery thereof by the
Employer.
18 Insurance
Sub-Clause 18.1 General Requirements for Insurances
Add the following:
The Contractor shall be liable for the payment of the deductibles in respect of each claim settlement in terms of
the policies effected by the Contractor.
In respect of Subcontractors, the Contractor shall be deemed to have complied with the provisions of the
requirements relating to insurance by ensuring that the Subcontractors have effected such insurance.
Save as otherwise provided in the Contract, nothing herein contained shall oblige the Contractor to effect any
insurance which is not generally obtainable from a registered insurer in South Africa.
The insurances shall be effected with an insurance company registered in South Africa and the terms thereof
shall be subject to approval by the Employer, which approval shall not be unreasonably withheld.
If required, the Contractor shall provide proof to the Engineer that the Contractor is in good standing with respect
to duties, taxes, levies and contributions required in terms of legislation applicable to the work in this Contract.
Sub-Clause 18.2 Insurance for Works and Contractors Equipment
Add the following sub-paragraph:
(f)
which are to be effected and maintained by the Contractor and endorsed to note the interests of the
Employer are:
(i)
transit insurance, including whilst in temporary storage and intended for incorporation in the Contract
en route to Site,
(ii)
professional indemnity insurance; the Contractor shall ensure that all design work to be undertaken by
the Contractor or on behalf of the Contractor is undertaken by registered professionals who carry
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94
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adequate professional indemnity insurance to cover their liability for professional negligence. Proof of
such insurance shall be submitted to the Engineer on demand, and
(iii)
where the Contract involves manufacturing and/or fabrication of the Works or part thereof at premises
other than the Site, the Contractor shall satisfy the Employer that all materials and equipment for
incorporation in the works are adequately insured during manufacture and/or fabrication. In the event
of the Employer having an insurable interest in such works during manufacture or fabrication then
such interest shall be noted by endorsement to the Contractor's Policies of Insurance.
Sub-clause 18.3 Insurance against Injury to Persons and Damage to Property

Add the following sub-paragraph:
(e) shall include a cross-liability clause such that the insurance shall apply to the Contractor and to the Employer
as separate insured parties.
Sub-Clause 18.4 Insurance of Contractors Personnel
Add the following:
The insurance shall be in terms of the provisions of the Compensation for Occupational Injuries and Diseases Act
No. 130 of 1993.
Add the following new Sub-Clause:
Sub-Clause 18.5 Special Risks Insurance
The Contractor shall effect and maintain the following insurance in the joint names of the Employer and the
Contractor:
A Coupon Policy for Special Risks Insurance issued by the South African Special Risks Insurance Association.
20 Claims, Disputes and Arbitration

Delete Sub-Clauses 20.2 to 20.8 inclusive and replace with the following new Sub-Clauses:
Sub-Clause 20.2 Mediation
The Appendix to Tender provides for dispute resolution by mediation. Any dispute or difference which arises
between the Contractor and the Employer out of or in connection with the Contract, including any determination or
other decision of the Employer, shall be referred by either Party to a mediator for mediation in accordance with
the provisions of SANS 294, Construction Procurement Processes, Methods and Procedures (6.9.2 Mediation,
reproduced below). Where the parties fail to agree on a mediator, the mediator shall be appointed by the entity or
official named in the Appendix to Tender.
6.9.2 Mediation
6.9.2.1 The mediator shall be selected by agreement between the parties or, failing such
agreement, by a mutually agreed upon person. Mediation shall be conducted without legal
representation with the costs being borne equally by the parties.
6.9.2.2 The mediator shall convene a hearing of the parties and may hold separate discussions with
any party. The mediator shall assist the parties in reaching a mutually acceptable settlement of their
differences through means of reconciliation, interpretation, clarification, suggestion and advice. The
parties shall record such agreement in writing and thereafter they shall be bound by such
agreement.
6.9.2.3 The mediator shall be authorized to end the mediation process whenever, in his opinion,
further efforts at mediation would not contribute to a resolution of the dispute between the parties.
6.9.2.4 If either party is dissatisfied with the opinion expressed by the mediator or should the
mediation fail, then such party may require that the dispute be settled in terms of the contract.
Sub-Clause 20.3 Court Proceedings
The Appendix to Tender provides for the court proceedings to finally resolve disputes, and disputes shall be
determined by court proceedings in a South African court of law.
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95
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Contract Data
ADDITIONAL CONDITIONS OF CONTRACT

The additional Conditions of Contract are:
21
Contractor to provide everything necessary
The Contractor is to provide all labour, material, workmanship, components, equipment, software, software
licenses and everything that is or may be necessary in and for the execution and entire completion of the Contract
in accordance with the Conditions of Contract and Employers Requirements.
22
Details to be confidential
The Contractor shall treat the details of the Works comprised in this Contract as private and confidential (save in
so far as may be necessary for the purposes hereof) and shall not publish or disclose the same or any particulars
thereof in any trade or technical paper elsewhere without the prior written consent of the Engineer.
23
Operations Agreement
23.1
Period of Operations Agreement

The Operations Agreement shall commence on the date of the issue of the Taking-Over certificate for
Milestone 1 and operations by the Contractor shall be undertaken for a continuous period, subject to a
determination by the Employer, until either:
(i)
(ii)
23.2
a minimum of 12 (twelve) months after the date of commencement of the Operations

Agreement;
a maximum of 24 (twenty-four) months after the date of commencement of the Operations
Agreement, subject to a 3-month notice period by the Employer to terminate the Agreement
after the initial 12 month period referred to in sub-clause (1).
Contractors obligations in terms of the Operations Agreement

The Employer will assign the responsibility for the functions of the Control Centre listed below to the
Contractors Representative who shall report to a designated official of the City or the CEO of the Entity
in regard to the performance of this function. The personnel responsible for undertaking to implement
the Operations Agreement will be employed by the Contractor and these staff members will report to
Operations Manager. The Operations Manager and such support staff will fall under the direct
responsibility of the Contractors Representative.
The Operations Manager and his supporting staff shall operate the Control Centre and related systems,
and maintain a high level of service compliance in line with international best practice for BRT operation
centers. The operations staff will at all times work in close cooperation with City staff and other
contractors/personnel working on the IRT system. The functions of the operations staff will include,
amongst others:
(i)
(ii)
(iii)
(iv)
(v)
23.3
Managing and Monitoring the compliance of vehicle operating schedules developed by the City
or the Entity, and undertaking actions where required;
Communicating with drivers and other staff of vehicle operating entities to pass instructions on
operational actions.
Managing and Operating the passenger information systems at stations and in buses;
Monitoring of CCTV at stations and along the routes and coordinating any actions where
required; and
Compiling reports and undertaking administrative functions as required.
Entity personnel to be available

A full-time staff of 6 (six) dedicated personnel not including the Operations Manager will be employed by
the Contractor and shall be available for 2 (two) shifts per day and 7 (seven) days per week. All
personnel will be based in the Control Centre.
The Contractor shall employ for the period of the Operations Agreement only such persons as are
careful, competent and efficient and the Engineer shall be at liberty to object to and request the
Contractor to remove from the Control centre any person employed by the Contractor and reporting to
the Operations Manager in the execution of the Operations Agreement who in the opinion of the
Engineer misconducts himself or is incompetent or negligent in the proper performance of his duties.
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Contract Data
23.4
Training and supervising of Entity personnel

The Contractor shall train personnel to be employed by the Entity to take over the functions of the
Control Centre prior to the end of the period of the issuing the Taking-Over Certificate, and ensure that
an effective and smooth phasing in of the Control Centre takes place. Similarly, at the end of the period
of the Operations Agreement the Operations Manager must properly hand over responsibility for the
Control centre to the designated staff member of the Entity who will continue fulfilling this role from that
date onwards. The training procedures are covered in the Scope of Work and Detailed Specifications.
23.5
Reporting
The Contractors representative shall submit the report to the Engineer before the last working day of
each month, setting out the activities of the month and listing KPIs on performance. The list of KPIs is
to be jointly agreed by the Contractors representative and the Engineer prior to the commencement of
the Operations Agreement, and may be adjusted by the Engineer in consultation with the Contractors
Representative from time to time during the period of the Operations Agreement.
23.6
Operations Agreement Price and Payment
23.6.1
Operations Agreement Price

The Contractor shall submit, as part of the Bill of Quantities for this Contract, separate tender prices for
period of the Operations Agreement. The price submitted for the Operations Agreement shall form part
of the total tender price.
23.6.2
Payment and Retention Money

Interim payment certificates are payment will be dealt with according to clauses 14.3 and 14.6 and 14.7
of the Conditions of Contract and payment will be made on a monthly basis. The Employer shall withhold
10% of the value of each monthly Contractors claim, and the total amount retained will be paid at the
time of payment of the final payment at the end of the Operations Agreement.
23.6.3
Adjustments for Changes in Cost

Clause 13.8 as provided in these Conditions of Contract shall apply to adjustments in the cost of labour
that may be required.
24
Maintenance Agreement
24.1
Period of Maintenance Agreement

The Maintenance Agreement shall commence on the date of the issue of the Taking-Over certificate and
be undertaken for a continuous period of 72 (seventy-two) months.
24.2
Assignment
The Contractor shall not cede or assign this Agreement or any part thereof or any benefit, obligation or
interest therein or thereunder without the prior written consent of the Engineer, which shall not
unreasonably be withheld.
24.3
Maintenance Personnel to be available

The personnel responsible for undertaking to implement the Maintenance Agreement shall report to a
Maintenance Manager who will fall under the direct responsibility of the Contractors Representative. A
full-time staff of at least 1 (one) maintenance specialist for Phase 1A approved by the Engineer will be
required for the full duration of the maintenance period. At least one specialist staff member shall be
available at all times to respond to emergency calls and be at the location of the fault or incident within
60 (sixty) minutes of the official logging of the fault with the Contractor. The contractor will provide
additional personnel to comply with the requirements outlined in Volume 2B, Section C13.6.
The Contractor shall employ during the period of the Maintenance Agreement only such persons as are
careful, competent and efficient and the Engineer shall be at liberty to object to and require the
Contractor to remove from this Contract forthwith any person employed by the Contractor in the
execution of the Maintenance Agreement who in the opinion of the Engineer misconducts himself or is
incompetent or negligent in the proper performance of his duties, and such person shall not be again
employed upon the contract without the permission of the Engineer.
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Contract Data
24.4
Contractors obligations in term of the Maintenance Agreement

The Contractor shall undertake:
(i)
(ii)
(iii)
(iv)
(v)
Emergency repairs and restoration of equipment and software;

All maintenance, repairs and replacement of defective equipment and software installed during
the contract (Responsive Maintenance);
The installation and provision of proprietary software updates of all systems installed under the
contract; and
Supplementary training of staff previously trained to operate updated software installed.
Planned Maintenance and Preventive Maintenance to comply to Current Best Practice.
The Parts of Site are divided into 4 (four) categories, as described below:
Control centre
The Contractor shall ensure the ongoing supply, installation and repair of all components for the
uninterrupted operation of the Control Centre. The Contractor shall ensure the proper operation of all
subsystems of the Control centre, without a disruption of operation, commencing on date of issue of the
Taking-Over certificate.
Stations
The Contractor shall ensure the ongoing supply, installation and repair of all components installed at IRT
stations, stops and sections between stations installed under the Contract. The Contractor shall ensure
the proper operation of all hardware and software systems installed under the Contract, without a
disruption of service, commencing on the date of issue of the Taking-Over certificate.
Depots
The Contractor shall ensure the ongoing supply, installation and repair of all components installed at
Depots installed under the Contract. The Contractor shall ensure the proper operation of all hardware
and software systems installed under the Contract, without a disruption of service, commencing on the
date of issue of the Taking-Over certificate.
Vehicles
The Contractor shall ensure the ongoing functionality of software and communications systems linking
equipment installed in vehicles with the Control Centre, as well as other on-board systems, commencing
on the date of issue of the Taking-Over certificate.
24.5
Replacement defective or damaged parts

The Contractor shall be responsible for replacements or parts or components due to defects, accidents,
theft, vandalism and force majeure. After the Defects Notification Period the Contractor shall claim the
costs for such parts or components under pay items included in the Bills of Quantities.
24.6
Reporting and response times

The Contractor shall report all hardware or software failures to the Engineer, the Maintenance Manager
and the official of the City or the Entity designated by the CEO of the Entity within a maximum time
period as outlined in Section C3.16 in the Technical Specifications.
24.7
Performance inspections and reporting

To ensure compliance with Agreement, a monthly inspection shall be conducted of all Parts of Work.
This shall comprise of a checklist to be compiled according to the requirements of the Engineer, which
shall be updated, as may be necessary from time to time to time to time. Inspections are to be
undertaken by the Maintenance Manager. The Contractors representative shall submit the report to the
Engineer before the last working day of each month.
Penalties for non-compliance to submit monthly reports on performance inspections shall be 0.1% (zero
point one percent) of the value of the following months payment for every one day the report is late.
24.8
Penalties for non-compliance

The Employer shall have the right to impose penalties, based on the failure of the Contractor to
undertake reporting and/or repairs within the times specified. Failure to do so will result in such affected
problem areas being subject to penalties. These penalties shall apply to the following months payment,
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C1.2
Contract Data
irrespective of the fact that the non-compliance had been subsequently rectified, and shall not be
reversed.
24.9
Performance Security
The Contractor shall obtain (at his cost) a Performance Security for the proper performance under the
Maintenance Agreement, in the amount of 10% of the amount tendered for the Maintenance of the
Works. The Contractor shall deliver the Performance Security to the Employer on the date that the
Performance Security for the installation of the works following the Issue of the Performance certificate
has been returned to the Employer.
The Employer shall return the Performance Security for the period of the Maintenance Agreement on the
last day of the expiration of the period during which the Maintenance Agreement is in force.
24.10
Maintenance Agreement Price and Payment
24.10.1 Maintenance Agreement Price

The Contractor shall submit, as part of the Bill of Quantities for this Contract, separate tender prices for
period of the Maintenance Agreement. The amount tendered for the Maintenance Agreement shall form
part of the total tender price.
24.10.2 Payment and Retention Money
Interim payment certificates will be dealt with according to clauses 14.3 and 14.6 and 14.7 of the
Conditions of Contract and payment will be made on a monthly basis. The Employer shall withhold 10%
of the value of each monthly Contractors claim, and the total amount retained will be paid at the time of
payment of the final payment at the end of the Maintenance Agreement.
24.10.3 Adjustments for Changes in Cost
Clause 13.8 as provided in the these Conditions of Contract shall apply to adjustments in the cost of
labour and any equipment and software that may be required to restore defects or damage for which the
Contractor is not liable.
EMPLOYERS REQUIREMENTS REFERRED TO IN CONDITIONS OF CONTRACT
The matters referred to in some or all of the following Sub-Clauses may be included in the Employers
Requirements and are not repeated in the Contract Data, unless otherwise indicated:
1.8
1.13
2.1
4.1
4.6
4.7
4.14
4.18
4.19
4.20
5.1
5.2
5.4
5.5
5.6
5.7
6.6
7.2
7.4
9.1
9.4
12.1
12.4
13.5
Number of copies of Contractors Documents*

Permissions being obtained by the Employer
Phased possession of foundations, structures, plant or means of access*
Intended purposes for which the Works are required
Other contractors (and other) on the Site
Setting-out points, lines and levels of reference
Third parties
Environmental constraints*
Electricity, water, gas and other services available on the Site
Employers Equipment and free-issue material
Criteria for design personnel*
Contractors Documents required, and whether for approval**
Technical standards and building regulations
Operational training for the Employers Personnel*
As-built drawings and other records of the Works
Operation and maintenance manuals
Facilities for Personnel
Samples
Testing during manufacture and/or construction*
Tests on Completion*
Damages for failure to pass Tests on Completion
Tests after Completion
Damages for failure to pass Tests after Completion
Provisional Sums
*These Sub-Clauses are/are also referred to in the Contract Data.

**See also Part C3.2 Engineering Design in Scope of Work
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Contract Data
CITY OF CAPE TOWN

C1.3
Form of Performance Security - Demand Guarantee
Brief description of Contract: DESIGN, SUPPLY, DELIVERY, INSTALLATION, TESTING,

COMMISSIONING AND MAINTENANCE OF THE IRT CONTROL CENTRE HARDWARE AND
SOFTWARE SYSTEMS (CONTRACT NO. 25G/2009/10)
Name and address of Beneficiary: CITY OF CAPE TOWN, TRANSPORT ROADS AND STORMWATER,
Tower Block, Civic Centre, 12 Hertzog Boulevard, Cape Town (whom the Contract defines as the Employer)
We have been informed that __________________ (hereinafter called the Principal) is your contractor
under such Contract, which requires him to obtain a performance security.
At the request of the Principal, we (name of approved financial institution) _________________ hereby
irrevocably undertake to pay you, the Beneficiary/Employer, any sum or sums not exceeding in total the
amount of _____________ (the guaranteed amount, say: _________________________) upon receipt by
us of your demand in writing and your written statement stating:
(a)
that the Principal is in breach of his obligation(s) under the Contract, and
(b)
the respect in which the Principal is in breach.
Any demand for payment must contain your Director: Transport Roads and Stormwater signature which
must be authenticated by your bankers or by a notary public. The authenticated demand and statement
must be received by us at this office on or before (the date 70 days after the expected expiry of the Defects
Notification Period for the Works) _________________ (the expiry date), when this guarantee shall expire
and shall be returned to us.
We have been informed that the Beneficiary may require the Principal to extend this guarantee if the
performance certificate under the Contract has not been issued by the date 28 days prior to such expiry
date. We undertake to pay you such guaranteed amount upon receipt by us, within such period of 28 days,
of your demand in writing and your written statement that the performance certificate has not been issued,
for reasons attributable to the Principal, and that this guarantee has not been extended.
This guarantee shall be governed by the laws of the Republic of South Africa and shall be subject to the
Uniform Rules for Demand Guarantees, published as number 458 by the International Chamber of
Commerce, except as stated above.
Date_____________________
Signature(s)______________________________________________
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100
C1.3
Performance Security - Demand Guarantee
ANNEXURE
LIST OF APPROVED FINANCIAL INSTITUTIONS
The following financial institutions are currently (as at 26 November 2008) approved for issue of contract
guarantees to the City:
National Banks:
ABSA Bank Ltd.
Development Bank of Southern Africa
FirstRand Bank Ltd.
Gensec Bank Ltd.
Imperial Bank Ltd.
Infrastructure Finance Corporation
Investec Bank Ltd.
Land & Agricultural Bank of SA
Mercantile Bank Ltd.
Nedbank Ltd.
Standard Bank of SA Ltd.
SA Bank of Athens
International Banks (with branches in SA):
ABN AMRO Bank n.v.
Barclays Bank plc.
Citibank n.a.
Commerzbank Aktiengesellschaft
Credit Agricole-Indosuez
Deutsche Bank AG
JP Morgan Chase Bank
Societe Generale
Standard Chartered Bank
Insurance companies:
ABSA Insurance
AIG South Africa
Auto & General
Coface s.a.
Compass Insurance Co.
Constantia Insurance Co.
Credit Guarantee Insurance Co.
Emerald Insurance Co.
Federated Employers Mutual Assurance Co.
Guardrisk Insurance Co.
Home Loan Guarantee Co.
Lion of Africa Insurance Co.
Lombard Insurance
MUA Insurance
Mutual & Federal Insurance Co.
New National Assurance Co.
Regent Insurance Co.
Zurich Insurance Co.
Contract
101
C1.3
Performance Security - Demand Guarantee
CITY OF CAPE TOWN

C1.4 Occupational Health and Safety Agreement

AGREEMENT MADE AND ENTERED INTO BETWEEN THE CITY OF CAPE TOWN (HEREINAFTER CALLED
THE EMPLOYER) AND
.................................. ,
(Contractor/Mandatary/Company/CC Name)
IN TERMS OF SECTION 37(2) OF THE OCCUPATIONAL HEALTH AND SAFETY ACT, ACT No. 85 OF 1993
AS AMENDED.
I, ..................... , representing
.................................. , as an employer
in its own right, do hereby undertake to ensure, as far as is reasonably practicable, that all work will be performed,
and all equipment, machinery or plant used in such a manner as to comply with the provisions of the Occupational
Health and Safety Act (OHSA) and the Regulations promulgated thereunder.
I furthermore confirm that I am/we are registered with the Compensation Commissioner and that all registration
and assessment monies due to the Compensation Commissioner have been fully paid or that I/We are insured
with an approved licensed compensation insurer.
COID ACT Registration Number:
OR Compensation Insurer: ........................................................ Policy No.: .....................................................
I undertake to appoint, where required, suitable competent persons, in writing, in terms of the requirements of
OHSA and the Regulations and to charge him/them with the duty of ensuring that the provisions of OHSA and
Regulations as well as the Councils Special Conditions of Contract, Way Leave, Lock-Out and Work Permit
Procedures are adhered to as far as reasonably practicable.
I further undertake to ensure that any subcontractors employed by me will enter into an occupational health and
safety agreement separately, and that such subcontractors comply with the conditions set.
I hereby declare that I have read and understand the appended Occupational Health and Safety Conditions and
undertake to comply therewith at all times.
I hereby also undertake to comply with the Occupational Health and Safety Specification and Plan.
Signed at .......................................on the......................................day of....................................20.
_______________________
Witness
____________________
Mandatary
Signed at ...................................... on the.....................................day of......................................20 ....

_______________________
Witness
Contract
____________________
for and on behalf of
City of Cape Town
102
C1.4
Health and Safety Agreement
OCCUPATIONAL HEALTH AND SAFETY CONDITIONS

1.
The Chief Executive Officer of the Contractor shall assume the responsibility in terms of Section 16(1) of
the Occupational Health and Safety Act (as amended). Should the Contractor assign any duty in terms of
Section 16(2), a copy of such assignment shall immediately be provided to the representative of the
Employer as defined in the Contract.
2.
All work performed on the Employers premises shall be performed under the supervision of the
construction supervisor who understand the hazards associated with any work that the Contractor performs
on the site in terms of Construction Regulations 2003.
3.
The Contractor shall appoint a Competent Person who shall be trained on any occupational health and
safety aspect pertaining to them or to the work that is to be performed.
4.
The Contractor shall ensure that he familiarises himself with the requirements of the Occupational Health
and Safety Act and that he, his employees, and any sub-contractors, comply with them.
5.
Discipline in the interests of occupational health and safety shall be strictly enforced.
6.
Personal protective equipment shall be issued by the Contractor as required and shall be worn at all times
where necessary.
7.
Written safe work procedures and appropriate precautionary measures shall be available and enforced,
and all employees shall be made conversant with the contents of these practices.
8.
No substandard equipment/machinery/articles or substances shall be used on the site.
9.
All incidents referred to in terms of Section 24 of the Occupational Health and Safety Act shall be reported
by the Contractor to the Department of Labour and the Employer.
10
The Employer hereby obtains an interest in the issue of any formal inquiry conducted in terms of Section
32 of the Occupational Health and Safety Act and into any incident involving a Contractor and/or his
employees and/or his sub-contractor/s.
11.
No use shall be made of any of the Employers machinery/plant/equipment/substance/personal protective

equipment or any other article without prior arrangement and written approval.
12.
No alcohol or any other intoxicating substance shall be allowed on the site. Any person suspected of being
under the influence of alcohol or any other intoxicating substance shall not be permitted access to, or
allowed to remain on the site.
13.
Prior to commencement of any work, verified copies of all documents mentioned in the agreement, must be
presented to the Employer.
Contract
103
C1.4
Health and Safety Agreement
Pages
C2.1 Pricing Instructions ..................................................................108 110
C2.2 Schedules of Quantities ...........................................................111 125
Contract
104
C2
Pricing Data
CITY OF CAPE TOWN

C2.1 Pricing Instructions

1.
The Schedules of Quantities contain only brief descriptions to identify the salient items required and the
Tenderer is referred to the Scope of Work and drawings for the full requirements.
2.
The prices and rates to be inserted in the Schedules of Quantities are to be the full inclusive prices for the
work described under the several items. Such prices and rates shall cover all costs and expenses that may
be required in and for the execution of the work described, and shall cover the cost of all general risks,
liabilities, and obligations set forth or implied in the documents on which the tender is based, as well as
overhead charges and profit. Reasonable prices shall be inserted as these will be used as a basis for
assessment of payment for additional work that may have to be carried out.
3.
A price or rate is to be entered against each item in the Schedules of Quantities, whether the quantities are
stated or not. An item against which no price is entered will be considered to be covered by the other prices
or rates in the Schedules of Quantities.
4.
Except where rates only are required, insert all amounts to be included in the total tendered price in the
"Amount" column and show the corresponding total tendered price. The total tendered price shall govern in
the event of any arithmetical errors (refer to F3.9 in Annex F attached to page vii).
5.
The units of measurement described in the Schedules of Quantities are metric units, as well as the following:
No.
Item /Sum
Prov sum
Days
=
=
=
=
number
lump sum
Provisional sum
Day as defined in the Conditions of Contract
6.
Items have been provided where any further items considered necessary by the Tenderer can be priced. The
Tenderer must provide full details of what has been allowed for with his Tender under these items.
7.
If any change in design is contemplated during the course of the Contract, the Contractor will be required to
provide the Engineer with a detailed breakdown of the contract price involved with a similarly detailed
breakdown of the suggested revised price together with supporting quotations and other relevant
documentation to satisfy the Engineer that the revised price is built up in a similar manner to the original
contract price.
8.
The Tenderer is referred to Sub-Clause 4.11, Sufficiency of the Accepted Contract Amount, of the General
Conditions of Contract (General Conditions).
9.
The Tenderer is referred to Sub-Clause 14.1, The Contract Price, of the General Conditions as amended in
the Particular Conditions in Part C1.2 Contract Data.
10. References to the Conditions of Contract in the Schedules of Quantities shall mean the General Conditions
read in conjunction with the Appendix to Tender and Particular Conditions, all as set out in Part C1.2 Contract
Data.
11. The Tenderer is referred to F2.13.1 in Part T1.2 Tender Data regarding the pricing of Variations from
Specification and/or Options.
Contract
105
C2.1
12. The Tenderer is referred to Sub-Clause 13.8 of the Particular Conditions in Part C1.2 Contract Data
regarding Contract Price Adjustment and Variations in Rates of exchange; regarding the latter, the Tenderer
is specifically referred to the Contractors obligation to take out forward cover. Returnable Schedule 19 is
attached hereto and must be completed by the Tenderer in conjunction with pricing the relevant items in the
Schedules of Quantities. The Tenderers attention is also drawn to Sub-Clauses 2.1(b) and 10.3 (b) of the
Particular Conditions.
13. The Rand value of imported equipment listed in Schedule 25 shall be carried forward from column (F) and
included in the price of each of the relevant items in the Schedules of Quantities.
Contract
106
C2.1
Contract
Description of Plant and/or

Materials
Rate of
Exchange
(B)
Value in Foreign
Currency
(A)
107
(C)
Value in Rand
(A) x (B)
(D)
Rand
Customs
Surcharge
%
(E)
Rand
Customs
Duty*
(F)
Total in Rand
of
(C) + (D) + (E)
included in
Schedules of
Quantities
Item
Amounts in column (A) will be subject to Sub-Clause 13.8.2.2.2(e).

Amounts in columns (B and (C) will be subject to Sub-Clause 13.8.2.2.2(a)iii.
Amounts in column (F) will be subject to Sub-Clause 13.8.2.1.2(c). Note that any Plant and Materials not inserted in Schedule 25
shall be deemed to be manufactured in South Africa for the purposes of Contract Price Adjustment.
Note:
* State Customs Duty Tariff Reference for each item
Schedules
of
Quantities
Item No.
VALUE OF IMPORTED PLANT AND MATERIALS TO BE ADJUSTED IN

TERMS OF SUB-CLAUSE 13.8.2.2 OF THE PARTICULAR CONDITIONS
CITY OF CAPE TOWN

SCHEDULE 25: PRICE BASIS FOR IMPORTED EQUIPMENT
C2.1
Returnable Schedule 19
CITY OF CAPE TOWN

C2.2 Schedules of Quantities
CONTENTS
PAGES
SCHEDULE NO. 1
General Obligations and Site Establishment
109
SCHEDULE NO. 2
Dayworks and Environmental Management Plan
110
SCHEDULE NO. 3
Design, Testing and Documentation
111
SCHEDULE NO. 4
Housing and Offices for Engineer's Site Personnel
112
SCHEDULE NO. 5
On-Board Systems
113
SCHEDULE NO. 6
Stations and Stops
114
SCHEDULE NO. 7
Control Centre
115
SCHEDULE NO. 8
Depots
116
SCHEDULE NO. 9
Maintenance
117
SCHEDULE NO. 10 Operations and Training
118
SUB TOTAL
119
TOTAL
120
DECLARATION
121
Contract
108
C2.2
Schedules of Quantities
CITY OF CAPE TOWN

TENDER NO. 25G/2009/10
DESIGN, SUPPLY, DELIVERY, INSTALLATION, TESTING, COMMISSIONING AND
MAINTENANCE OF THE IRT CONTROL CENTRE HARDWARE AND SOFTWARE
Schedule 1: General Obligations and Site Establishment

NAME OF TENDERER__________________________________________
ITEM
DESCRIPTION
UNIT
QTY
RATE
AMOUNT
The rates and lump sums to be filled in hereunder must make provision for all the
general time and value related expenses and cost of the contract
1.2
1.3
Fixed Obligations
Performance Security in accordance with FIDIC clause 4.2 of the
Conditions of Contract
Establishment and De-establishment on site
Supervision during installation
Sum
Sum
1.4
Attendance at 2-Weekly Progress Meetings during project implementation
Sum
1.5
Attendance at Monthly Meetings during defects liability period

Sum
Other General expenses incurred in complying with the requirements of the
Sum
Scope of Work not included above (Specify):-
1.1
1.6
1.7
Time Related Obligations

Insurance of the Works in accordance with FIDIC clause 18.2 of the
Third Party Insurance in accordance with FIDIC clause 18.3 of the
Insurance against accident in accordance with FIDIC clause 18.4 of the
Sum
month
16
month
16
month
16
month
Office and Workshop accommodation
Other General expenses incurred in complying with the requirements of the
1.11
month
Scope of Work not included above (Specify):-
16
1.8
1.9
1.10
Health and safety obligation: Compliance with Construction Regulations

1.12 including submission and implementation of a health & safety plan
month
16
16
TOTAL CARRIED FORWARD TO SUMMARY
Contract
Reference No 25G/2009/10
109
C2.2
Schedule of Quantities
CITY OF CAPE TOWN

Schedule 2: Dayworks and Environmental Management Plan

NAME OF TENDERER__________________________________________
ITEM
2.1
DESCRIPTION
Personnel during normal working hours (Dayworks)
(a) Unskilled labour
(b) Semi-skilled labour
(c) Skilled labour
(d) Artisan (Welder of similar)
(e) Ganger
(f) Flagmen
(g) Electrician
(h) Fibre optics Technician
(i) Electronics Technician
(j) Programmer
(k) Network Engineer
(l) Systems Engineer
UNIT
QTY
h
h
h
h
h
h
h
h
h
h
h
h
100
100
50
10
10
10
50
50
50
50
20
20
2.2
Environmental Management Plan
a)
Environmental Management: Compliance with the requirements of an

Environmental Management Plan and the relevant legislation (Fidic Clause month
4.18)
b)
c)
Penalty for serious violations:

(HAZMAT Spills, dumping and pollution of water sources)
RATE
AMOUNT
16
No
-R 10,000.00
Rate Only
No
-R 1,000.00
Rate Only
Penalty for violations:

(Littering, urinating & defacating, illegal fires, persistent fuel and oil leaks,
excess dust and noise, intoxicating substances on site, speeding)
Contract
110
C2.2
CITY OF CAPE TOWN

Schedule 3: Design, Testing and Documentation

NAME OF TENDERER__________________________________________
ITEM
DESCRIPTION
UNIT
QTY
RATE
AMOUNT
The design process is an essential part of the implementation of this project. The contractor will be required to do all designs and illustrate that the
proposed design can meet the City's requirements as outlined in Volume 2B.
A preliminary design on which the tender is based must also be completed and provided with the tender
3.1
High level design done according to paragraph C3.2.1.1
a)
On-board systems according to Paragraph C3.9
Sum
b)
Control Centre according to Paragraph C3.10
Sum
c)
Trunk Stations according to Paragraph C3.11
Sum
d)
Feeder Stations according to Paragraph C3.12
Sum
e)
Bus Depots according to Paragraph C3.13
Sum
f)
Maintenance according to Paragraph C3.16
Sum
3.2
Detail design done according to paragraph C3.2.1.2
a)
On-board systems according to Paragraph C3.9
Sum
b)
Control Centre according to Paragraph C3.10
Sum
c)
Trunk Stations according to Paragraph C3.11
Sum
d)
Feeder Stations according to Paragraph C3.12
Sum
e)
Bus Depots according to Paragraph C3.13
Sum
f)
Maintenance according to Paragraph C3.16
Sum
3.3
Implementation and testing according to Paragraph C3.4
a)
Prototype (unit) or sub system testing (Reliability Testing)
Sum
b)
Factory Acceptance Tests (FATs)
Sum
c)
System Integration Test (SIT)
Sum
d)
Onsite Integration Testing (OIT)
Sum
e)
Site Acceptance Tests (SATs)
Sum
f)
Provisional Sum for travel arrangements for engineer to attend acceptance

Prov Sum
tests. Payable against proof of invoice
3.4
Documentation (Paragraph C3.2.2)
a)
Material selection documentation
R 100,000.00
Sum
b)
Installation manuals
Sum
c)
Training manuals
Sum
d)
Test documentation
Sum
e)
As-built documentation
Sum
f)
Operation and maintenance documentation
Sum
g)
O&M manuals
Sum
h)
User manuals
Sum
i)
System administration manual
Sum
j)
As Built Drawings
Sum

Contract
111
C2.2
CITY OF CAPE TOWN

Schedule 4: Housing and Offices for Engineer's Site Personnel

NAME OF TENDERER__________________________________________
ITEM
DESCRIPTION
4.1
Office Accommodation for one person (15sqm) over contract period with
access to boardroom facilities, ablutions and parking. Office will be neatly
finished with airconditioning and sufficient light.
4.2
a)
b)
c)
d)
e)
f)
Office Furniture
Desk complete with drawers and locks
Desk Chair
Conference Table
Chairs for Conference Table
Bookcase
Filling Cabinet
4.3
Office Equipment and Services

Cost of cell phone calls, pro-rata usage for contract administration
purposes and cell phone rental
a)
UNIT
QTY
Month
16
No
No
No
No
No
No
1
1
1
12
1
1
RATE
AMOUNT
Prov Sum
R 15,000.00
R 15,000.00
b)
Provision of telephone services with fax facilities, including cost of calls

and fax transmissions in connection with contract administration and
telephone and fax rental
Prov Sum
c)
Contractors handling cost, profit and all other charges in respect of item
4.3 (a)
d)
Contractors handling cost, profit and all other charges in respect of item
4.3 (b)
e)
Provision of Photostat Facilities
month
16

Contract
112
C2.2
CITY OF CAPE TOWN

Schedule 5: On-Board Systems

NAME OF TENDERER__________________________________________
ITEM
DESCRIPTION
UNIT
QTY
SUPPLY EQUIPMENT
RATE
AMOUNT
INSTALL EQUIPMENT
RATE
AMOUNT
The rates must make provision for all specified equipment and miscellaneous auxiliary materials in order to handover the complete installation as
specified and includes hardware and all related software for each subsystem and integration between systems.The pay items listed must be priced
according to the contractor's design which will satisfy the technical requirements outlined in Volume 2B.
5.1
Vehicle logic unit (VLU) - Including all

systems integration required for equipment
supplied and installed by the bus
manufacturer - (C3.9.5)
5.2
Mobile wireless router (GSM/UMTS)

(C3.9.5) If not integrated in the VLU
5.3
Wireless LAN (Wi-Fi) - (C3.9.5)
No.
245
No.
245
No.
245
No.
245
(If not integrated in VLU)
5.4
Tetra Radio Unit - (C3.9.5)

(If not integrated in VLU)
5.5
Automatic vehicle location (AVL) system

integration - (C3.9.6)
No.
245
5.6
Mobile data terminal (MDT) - (C3.9.7)
No.
245
5.7
Media server and integration with supplied

and installed displays (by bus manufacturer)
- (C3.9.5.1)
No.
85
5.8
Digital video recorder (DVR) and integration

with cameras provided and installed by
others - (C3.9.11)
No.
245
5.9
Signal Priority Emitter - (C3.9.12)
No.
85
Traffic Signal priority receivers (to be

5.10 installed in traffic signal controllers) (C3.9.12)
No.
50
5.11 Integration with equipment provided by Bus

Manufacturer
Sum
5.12 Any other items as may be necessary to

complete the installation
Detail Items below:
Sum
..
TOTAL CARRIED FORWARD TO SUMMARY PAGE
Contract
113
C2.2
CITY OF CAPE TOWN

Schedule 6: Stations and Stops

NAME OF TENDERER__________________________________________
ITEM
DESCRIPTION
UNIT
QTY
SUPPLY EQUIPMENT
RATE
AMOUNT
INSTALL EQUIPMENT
RATE
AMOUNT
Trunk Stations - C3.11

6.1
On-station server PC and required software
No.
6.2
Kiosk network switch
No.
17
17
6.3
Supporting platform network switches
No.
19
6.4
Network video recorder (NVR) with control

software
No.
6.5
CCTV Control and Video Display in Kiosk
No.
17
6.6
GSM/UMTS modem
No.
17
6.7
Fibre patch panels
No.
17
6.8
Internal passenger information display
(a)
LCD type display
No.
144
(b)
LED type display - 2 lines
No.
(c)
LED type display - 3 lines
No.
6.9
Internal LCD infotainment display (Optional)
No.
6.10
IP CCTV cameras, enclosure, wiring and

sundry materials for a complete installation
No.
180
6.11 Emergency and information IP intercom
No.
36
IP based intruder detection system per

6.12
station platform
No.
36
Any other items as may be necessary to

6.13 complete the installation. Detail below:
Sum
Feeder Stops - C3.12

6.14 Single sided LED information display
No.
54
6.15 Double sided LED information display
No.
54
6.16 Small/Keyhole CCTV camera
No.
109
6.17 GSM/UMTS modem
No.
109
6.18 Power supply, battery and battery charger
No.
109
6.19 Steel enclosure
No.
109
6.20 Emergency and information IP intercom
No.
109
6.21 Network switch
No.
109
6.22 Video encoder and recorder
No.
109

complete the installation. Detail below:
..
..
..
6.23
Contract
Sum
114
C2.2
CITY OF CAPE TOWN

Schedule 7: Control Centre

NAME OF TENDERER__________________________________________
ITEM
DESCRIPTION
UNIT
QTY
SUPPLY EQUIPMENT
INSTALL EQUIPMENT
RATE
RATE
AMOUNT
AMOUNT
7.1
Central processing system (C3.10.7.1)
Sum
7.2
Bus monitoring subsystem (C3.10.7.2)
Sum
7.3
Computer aided dispatch subsystem (C3.10.7.2)
Sum
7.4
Bus scheduling subsystem (C3.10.7.2)
Sum
7.5
Database and reporting subsystem (C3.10.7.3)
Sum
7.6
Traveller information website (C3.10.7.4)
Sum
7.7
Infotainment content management system

(C3.10.7.1)
Sum
7.8
Digital video management system (C3.10.7.5)
Sum
7.9
Communications server (C3.10.7.6)
Sum
Sum
7.10 Data backup system (C3.10.6.2)

7.11 Infrastructure server (e-mail etc) (C3.10.6.2)
Sum
7.12 Internet and firewall server (C3.10.7.6)
Sum
7.13 TETRA network linkup system (C3.15.6)
Sum
7.14 DLP (100") display for video wall (C3.10.2)
Sum
7.15 DLP (50") display for video wall (C3.10.2)
Sum
7.16 40" LCD displays for video wall (C3.10.2)
Sum
12
7.17 Video wall management system (C3.10.7.2)
Sum
No.
7.18 Workstations
(a)
Security surveillance display and CCTV

keyboard and joystick (C3.10.6.1)
(b)
System operator workstation (C3.10.6.1)
No.
(c)
IP call servicing workstation (C3.10.6.1)
No.
Network Switches, WLAN and related support

devices (C3.10.7.6)
Sum
Sum
7.21 IP telephone system for workstations (C3.10.6.1) Sum
7.19
Network cabling including connectors and

7.20 sundry material for a complete installation
(C3.10.7.6)
7.22
Support office equipment (printer, plotter, fax

machine, scanner etc) (C3.10.6.2)
Sum

7.23 complete the installation. Detail below:
Sum

Contract
115
C2.2
CITY OF CAPE TOWN

Schedule 8: Depots
NAME OF TENDERER__________________________________________
ITEM
DESCRIPTION
UNIT
QTY
SUPPLY MATERIASum
RATE
AMOUNT
SUPPLY LABOUR
RATE
AMOUNT
The rates must make provision for all specified equipment and miscellaneous auxiliary materiaSum in order to handover the complete installation as
DEPOT SYSTEMS (INSTALLED) - C3.13
8.1
Hardware
Depot Server Computer
No.
8.2
Gigabit fibre optic backbone network switch
No.
8.3
8.4
ADSL modem
Workstations
No.
No.
2
4
8.5
IP telephone system (excludes call centre)
No.
8.6
Network cabling including connectors and

sundry material for a complete installation
Sum
No.
20
No.
No.
8.7
8.8
8.9
8.10
IP CCTV cameras, enclosure, wiring and

sundry materiaSum for a complete
installation
Network Video Recorder (NVR) with control
software
Software
Video view/review and security application
complete the installation. Detail below:
Sum
Contract
116
C2.2
CITY OF CAPE TOWN

Schedule 9: Maintenance
NAME OF TENDERER__________________________________________
ITEM
DESCRIPTION
UNIT
QTY
SUPPLY MATERIALS
RATE
AMOUNT
SUPPLY LABOUR
RATE
AMOUNT
Maintenance shall be provided and performed according to the definitions and guidelines specified in Section C3.16
DEFECTS LIABILITY, EQUIPMENT GUARANTEES, MAINTENANCE AND REPAIR - C3.16
9.1
Equipment Guarantees
Guarantee of all equipment against defects and
failure for a period of 1 year from date of
acceptance of the system
9.2
Sum
(a)
Responsive Maintenance and Repair

Maintenance and Repair - Year 1: from date of
final acceptance of the system.
month
(b)
Year 2
month
12
(c)
Year 3
month
12
(d)
Year 4
month
12
(e)
Year 5
month
12
(f)
Year 6
month
12
(g)
Provisional Sum for Spares
Prov
Sum
9.3
(a)
Preventative Maintenance
Monthly cost of all preventive maintenance costs
as specified in Section C3.16.
On-Board System
month
(b)
Central Control System
month
12
(c)
Advanced Traveller Information System
month
(d)
Data and Video Transmission System
month
(e)
Visual Surveillance System
month
72
72
72
72
72
9.4
Maintenance Management Software in

accordance with Section C3.16.2
No.
9.5
Penalties : Maintenance response times
1
1
1
R500,000.00
Penalties payable for non-compliance with the

minimum maintenance response times as listed in
Table 2 under section C3.16.2.
(a)
Priority Level 1
No.
(b)
Priority Level 2
No.
(c)
Priority Level 3
No.
-R5,000.00
Rate Only
-R2,000.00
Rate Only
-R1,000.00
Rate Only

Contract
117
C2.2
CITY OF CAPE TOWN

Schedule 10 - Operations and Training

NAME OF TENDERER__________________________________________
ITEM
DESCRIPTION
UNIT
QTY
RATE
AMOUNT
The rates to be filled in hereunder must make provision for all labour required to fulfil the detail operational an training requirements as
specified and should include the total cost of labour
Operations of System according to C3.17

10.1
10.2.1
10.2.2
10.3
Operations Manager (x1)
Months
24
Operator A (x3)
Operator B (x3)
Months
Months
24
24
Contractor's handling cost, profit and all other charges in

respect of above personnel
Training according to C3.5

10.4
Onboard operations Course/Class
No.
10.5
Operations Course/Class
No.
10.6
Maintenance Course/Class
No.
10.7
System administration Course/Class
No.
10.8
Radio system Course/Class
No.
10.9
Reporting Course/Class
No.
10.10
IT training Course/Class
No.
10.11
Follow-up training
No
Contract
118
C2.2
CITY OF CAPE TOWN

SUB TOTAL
NAME OF TENDERER__________________________________________
AMOUNT
Schedule 1
General Obligations and Site Establishment
Schedule 2
Dayworks and Environmental Management Plan
Schedule 3
Design, Testing and Documentation
Schedule 4
Housing and Offices for Engineer's Site Personnel
Schedule 5
On-Board Systems
Schedule 6
Stations and Stops
Schedule 7
Control Centre
Schedule 8
Depots
Schedule 9
Maintenance
Schedule 10
Operations and Training
TOTAL CARRIED FORWARD TO CALCULATION OF TENDER SUM
Contract
119
C2.2
CITY OF CAPE TOWN

TOTAL
NAME OF TENDERER__________________________________________
ITEM
DESCRIPTION
UNIT
QTY
Allow for Contingencies to be spent as the Engineer may

direct.
Prov
Sum
Allow for any additional Cost and profit required per day in
the event of access to, and possession of, the Site not
being available as per Sub-Clause 2.1(b) of the Conditions
of Contract.
Days
35
Allow for any additional Cost and profit required per day in
the event of a delay in the testing and commissioning at
Site and the resultant delay in the commencement of the
Defects Notification Period from causes not attributable to
the Contractor, as per Sub-Clause 10.3 (b) of the
Conditions of Contract.
Days
35
Allow for all costs and expenses in leaving Site and

returning at a later date due to causes not attributable to
the Contractor.
Lump
Sum
RATE
AMOUNT
Brought Forward:
CONTINGENCIES
The following items will be deducted in part or whole if not required :-
R 5,000,000.00
TOTAL Excluding VAT

VAT @ 14%
TOTAL CARRIED FORWARD TO FORM OF OFFER AND ACCEPTANCE
Contract
120
C2.2
DECLARATION (In respect of completeness of Tender)
City of Cape Town

Tower Block, Civic Centre
CAPE TOWN
I/We, the undersigned, do hereby declare that these are the properly priced Schedules of Quantities forming Part
C2.2 of this Contract Document which contains 138 pages numbered i to xvii and 1 to 121 in consecutive order in
Volume 2A and the number of pages in consecutive order in Volume 2B as stated on page i thereof, upon which
my/our tender for TENDER NO. 25G/2009/10: DESIGN, DESIGN, SUPPLY, DELIVERY, INSTALLATION,
TESTING, COMMISSIONING AND MAINTENANCE OF THE IRT CONTROL CENTRE HARDWARE AND
SOFTWARE SYSTEMS has been based.
-----------------------------------------------------------------------SIGNATURE OF TENDERER/S
----------------------------------------------------------DATE
Contract
121
C2.2
Schedules of Quantities

2437 Coct Irt Its Ten Doc Vol 2a 17 Jul 2009

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TENDER NO.

DESIGN, SUPPLY, DELIVERY, INSTALLATION,

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

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

CITY OF CAPE TOWN

General Tender Information

Friday, 17 July 2009

10h00 12:00 on Monday, 27 July 2009

VENUE FOR CLARIFICATION

Webber Wentzel15th Floor, Convention

Friday, 21 August 2009

Tender Box 58 at the Tender Office,

The Tender Document (which includes the Form of

The Control System Contract forms an integral

Fleet management the installation of software

Passenger information electronic displays on

CCTV communications CCTV cameras on

Control Centre installation of control centre

BRIEF DESCRIPTION OF TENDER

General Tender Information

CITY OF CAPE TOWN

Structure of tender and contract documents

Contents (Volume 2A returnable document)

Tender Notice and Invitation to Tender

Part T2: Returnable documents

List of Returnable Documents

Form of Offer and Acceptance

Form of Performance Security - Demand Guarantee

Occupational Health and Safety Agreement

Part C2: Pricing data

Contents (Volume 2B non-returnable document)

Part C3: Scope of Work

Description of the Works

Testing and Commissioning

Contents (Volume 2A and 2B)

Maintenance and Upgrades

Detailed Specification: General

Detailed Specification: Onboard Systems

Detailed Specification: Control Centre

Detailed Specification: Smart Trunk Stations

Detailed Specification: Smart Feeder Station

Detailed Specification: Bus Depots

Detailed Specification: Station - Network Design

Detailed Specification: Communication

Detailed Specification: Maintenance

Detailed Specification: Operations

Part C4: Site information

The proposed IRT System (Phase 1)

Future Phases of the IRT System

The Business Structure Of The IRT System

ITS to be provided by Control Centre Contract

Drawings and Details

Appendix A : City of Cape Tetra Radio Server Interface Specification

Contents (Volume 2A and 2B)

DETAILED CONTENTS (VOLUME 2A)

General Tender Information

Structure of Tender and Contract documents

Detailed Contents (Volume 2A)

Detailed Contents (Volume 2B)

Standard Conditions of Tender

TENDER NOTICE AND INVITATION TO TENDER

The Employers undertakings

PART T2: RETURNABLE DOCUMENTS