w030120203 penstocks athlone wwtw

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CLOSING DATE: 27 october 2011

CLOSING TIME: 14h00QUOTATION BOX NUMBER: 183

IMPORTANT NOTES TO VENDORS

a) A compulsory site meeting will be held prior to the closing date. Only quotations from

vendors who have attended the compulsory site meeting will be accepted. Vendors arriving

more than

15 minutes after the official site meeting time, will not be allowed to participate in the meeting

and their quotations will not be accepted.

ONLY CONTRACTORS WITH A CIDB GRADING OF 1ME. WILL BE ELLIGIBLE FOR

EVALUATION & AWARD OF THIS PROJECT.

PLEASE ATTACH YOUR CIDB & COIDA LETTER OF GOODSTANDING WITH

QUOTATION.

IF NON PERMANENT staff are allocated to this project then proof of ALL RISK INSURANCE and

PUBLIC LIABILITY must be provided.

COMPULSORY SITE MEETING

DATE: 21/10/2011TIME: 10h00 am

VENUE: Athlone WWTW. OFF JAN SMUTS DRIVE, ATHLONEContact person: Abongile Duna 078 536 2545

b) Quotations must be properly received and deposited in the above mentioned quotation box

on or before the closing date and before the closing time at the Tender & Quotation Office

situated at the 2nd floor, Concourse Level, Civic Centre, Hertzog Boulevard, Cape Town.

c) No late quotations will be accepted under any circumstances.

d) Quotations must be submitted in a sealed envelope clearly reflecting the quotation number

and description as indicated above.

e) Only original quotations on this official quotation document will be accepted. Vendors must

complete and return all Returnable Schedules, failing which the vendors quotation may be

declared non responsive.

f) For this quotation to be valid on the closing date, the Form of Offer(Returnable Schedule 1)

and the Price Schedule (Returnable Schedule 2) must be fully and properly completed and

signed.

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REQUEST FOR QUOTATION(OVER R30 000)

SUPPLY CHAIN MANAGEMENT

SCM-459 Approved: 11 May 2011: Branch Manager Version: 6 Page 1 of 19


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INDEX

RETURNABLE SCHEDULE 1FORM OF OFFER

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VENDOR

NAME ofCompany/Close Corporation/Partnership/Sole Proprietor

(legal name)trading as_________________________________________

Company/close corporationREGISTRATION NO:(If applicable)

CITY OF CAPE TOWN VENDORDATABASE REGISTRATION No:

2

RETURNABLE SCHEDULES

(All Schedules to completed and returned by the vendor when submitting the offer)

1 Form of Offer 2 Price Schedule3 HDI Points Claimed4 Functionality5 State employees Declaration6 Conflict of Interest Declaration7 Fraud Convictions and Tender Defaulters Declaration8 Occupational Health and Safety Agreement9 Certificate of Independent Quotation Determination

IMPORTANT QUOTATION INFORMATION(These Parts must not to be returned by the vendor when submitting the offer)

A SpecificationB Quotation InstructionsC General & Special Conditions of Contract


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(Compulsory)

WESTERN CAPE SUPPLIERDATABASE (WCSD) REGISTRATIONNo:(for HDI/preference points)PHYSICAL/ STREET ADDRESS(Chosen domicilium citandi etexecutandi/address where legal notices

will be served)CONTACT DETAILS:

Tel:___________________Fax: ___________________

Cell: _______________________________________

Email:______________________________________INCOME TAX/VAT REGISTRATION No(Compulsory)COIDA REGISTRATION No:(Compulsory Letter of Good Standing tobe attached to the Form of Offer)

DAYS TO COMMENCEMENT OF

WORK (From date of receipt of officialpurchase order)

PERIOD OF COMPLETION

By signing this Form of Offer, the vendoroffers to render the services described in this quotation documentin full compliance with: the Specification, the General and Special Conditions of Contract , and at the price reflected in table below (in the case of a once off, fixed price) or as brought forward from

Pricing Schedule (Returnable Schedule 2)

Price

ADD: 14% VAT

TOTAL QUOTATIONPRICE (INCL. VAT)

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

Signature

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

RETURNABLE SCHEDULE 2PRICE SCHEDULE

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ITEM D E S C R I P T I O N UNIT QUANTITY RATEPRICE

(Rands)

1

2

3

4

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5

6

7

8

9

10

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

Pricing Instructions:

2.1 The quotation will be declared invalid if a fully completed Price Schedule is not submitted with

the quotation.

2.2 If the word Item appears in the Quantity column or if the Quantity column is blocked orcrossed out, a lump sum rate is required which covers all aspects of the work set out in theDescription column for that item.

2.3 By signing the Form of Offer, a vendor warrants that the relevant quotation:2.3.1 is correct and valid

2.3.2 that the price(s) and rate(s) quoted cover all the work/-item(s) specified in the quotationdocument;

2.3.3 that the price(s) and rate(s) cover all the vendors obligations under a resulting contractincluding all disbursements; and

2.3.4 that any mistakes regarding price(s) and calculations will be at the vendors risk.

2.4 Vat-registered companies must price exclusive of VAT and show VAT payable separately onthe Form of Offer.

2.5 The quotation price as per the Form of Offer will take precedence in the event of anydiscrepancy between the Form of Offerand the Price Schedule. However, if the vendor hasmade a mathematical and/or calculation error in the Price Schedule, the City reserves theright, in its sole discretion, to correct the error. The corrected total will be carried forward tothe Form of Offer.

RETURNABLE SCHEDULE 3HDI POINTS CLAIMED

3.1 The 80/20 preference point system which will be applied in the adjudication ofquotations for quotations with an estimated value greater than R10 000 and up toR200 000 (VAT inclusive).

3.2 The vendor hereby applies for points for preference in accordance with Regulation 13of the Preferential Procurement Policy Framework Act No 5 Of 2000 (PPPFA) for

Historically Disadvantaged Individuals (HDI)) of:

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

In terms of Regulation 12 of the PPPFA the CoCT may, before a quotation is adjudicated or at anytime, require a vendor to substantiate claims it has made with regard to preference. Vendors areaccordingly required to confirm their WCSD registration numbers in the table below as well as on theForm of Offer.

Vendor WCSD registrationnumber

Company registration number

3.4 In terms of Regulation 12 of the PPPFA only vendors who have completed andsigned this declaration (as contemplated in Regulation 14 of the PPPFA) may be

considered for preference points.

The vendor therefore hereby certifies that the information set out in this declaration is true andcorrect and acknowledges that failure to properly and truthfully complete this schedule mayresult in the quotation being disqualified and/or in the event that the vendor is successful,cancellation of contract.

................SignaturePrint name: DateOn behalf of the vendor (duly authorised)

RETURNABLE SCHEDULE 4FUNCTIONALITY

FUNCTIONALITY

MAXIMUM POINTS

Price 80

HDI Status 20

Functionality (previous experience, equipment, staff)Determines

responsiveness of offerTOTAL 100

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AREA CRITERIA MAXIMUM POINTS

Previous Relevant ExperienceAnnexure A

No of similar projects

Plant and EquipmentAnnexure B

Appropriate Plant & Equipment ownedor to be hired for this contract

StaffAnnexure C

Appropriate experienced permanentstaff

Commencement of Project Number of days to commencement

TOTAL 100

A FUNCTIONALITY SCORE OF LESS THAN 60 POINTS and or FAILURE TO FULLY AND PROPERLYCOMPLETE ANY OF THE FUNCTIONALITY ANNEXURES ATTACHED TO THIS SCHEDULE WILL

RENDER THE QUOTATION NON-RESPONSIVE.

RETURNABLE SCHEDULE 4 (Continued)ANNEXURE A: PREVIOUS RELEVANT EXPERIENCE

TYPE OF RELEVANTWORK PREVIOUSLY

PERFORMED

CLIENTS DETAILS(Where work was performed,

contact name & phone number)

DATE OF START OFCONTRACT & DATE

OF COMPLETION

VALUE OFCONTRACT

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Points will only be allocated to projects of a similar nature pertaining to the scope of works asdescribed in this request for quotation.

RETURNABLE SCHEDULE 4 (Continued)ANNEXURE B: PLANT AND EQUIPMENT

PLANT AND EQUIPMENT TO BEUSED ON THIS PROJECT

(List)

OWNED PLANT ANDEQUIPMENT

HIRED PLANT ANDEQUIPMENT

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RETURNABLE SCHEDULE 4 (Continued)ANNEXURE C: STAFF

STAFF TYPE NUMBER OFPERMANENT

STAFF & YEARSOF EXPERIENCE

NUMBER OF NONPERMANENT

STAFF & YEARS OFEXPERIENCE

ALLOCATION FORTHIS PROJECT

TO BEEMPLOYED

FROM LOCALLABOUR

DATABASE

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TOTALS

IF NON PERMANENT staff are allocated to this project then proof of ALL RISK INSURANCE andPUBLIC LIABILITY must be provided.

RETURNABLE SCHEDULE 5DECLARATION IN RESPECT OF STATE EMPLOYEES

NOTE: For the purpose of this declaration In the service of the state means: a member of any municipal council, any provincial legislature or the National Assembly or the National Council

of Provinces; an official of any municipality or municipal entity; an employee of any national or provincial department, national or provincial public entity or constitutional

institution within the meaning of the Public Finance Management Act, 1 of 1999; a member of the board of directors of any municipal entity; a member of the accounting authority of any national or provincial public entity; or an employee of Parliament or a provincial legislature

(Mark the appropriate box with X)

5.1 Is the vendor in the service of the state?YES NO

or has the vendor been in the service of the state in the previous twelve (12)months?

YES NO

If yes to any of the above, the vendor is required to set out the particulars in the table below:

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Duration ofemployment

Organisation/Department Post/Job title

5.2 If the vendor is not natural person (if the vendor is a company or a close corporation), are any of thevendors directors, managers, principal shareholders or stakeholders in the service of the state?

YES NOor have they been in the service of the state in the previous twelve (12) months?YES NO


Full Names Duration of employment(from/to)

Organisation/

Department

Post/Job title

5.3 The vendor must indicate whether a spouse, child or parent of the vendor or of a director, manager,

shareholder or stakeholder referred to in 2 abovie, is in the service of the state?YES NO

or has been in the service of the state in the previous twelve (12) months?YES NO


Full Names Relationship withTenderer

(Spouse/child/parent)

Duration ofemployment (from /to)

Organisation/

Department

Post/Job title

The vendor hereby certifies that the information set out in Returnable Schedule 5 and/or attached thereto is true andcorrect and acknowledges that failure to properly and truthfully complete the schedule may result in this quotation beingdisqualified and/or in the event that the vendor is successful, cancellation of contract.


RETURNABLE SCHEDULE 6CONFLICT OF INTEREST DECLARATION

6.1 The vendor shall declare whether it has any conflict of interest in the transaction for which thequotation is submitted? (Mark the appropriate box with X)

YES

NO

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

6.2 The vendor shall declare, whether it has directly or through a representative or intermediary

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promised, offered or granted:

a) any inducement or reward to the City of Cape Town for or in connection with the awardof this contract; or

b) any reward, gift, favour or hospitality to any official or any other role player involved inthe implementation of the supply chain management policy. (Mark the appropriate box with X)

YE

S

NO

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

Should the vendor be aware of any corrupt or fraudulent transactions relating to the procurement

process of the City of Cape Town, please contact the following:

[email protected]

the Citys anti-corruption hotline at 0800 32 31 30 (toll free)

The vendor hereby certifies that the information set out in Returnable Schedule 6 and/or attached thereto is trueand correct and acknowledges that failure to properly and truthfully complete this schedule may result in thequotation being disqualified and/or in the event that the vendor is successful, cancellation of contract.


RETURNABLE SCHEDULE 7FRAUD CONVICTIONS AND TENDER DEFAULTERS REGISTERS

7.1 Is the vendor or any of its directors listed on the National Treasurys database as acompany or person prohibited from doing business with the public sector?

(Companies or persons who are listed on this database were informed in writing of thisrestriction by the National Treasury)

Yes No

If so, furnish particulars:_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

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7.2 Is the vendor or any of its directors listed on the Register for Tender Defaulters in terms ofsection 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 ahard copy of the Register to facsimile number 012 3265445).

Yes No


7.3 Was the vendor or any of its directors convicted by a court of law (including a court of lawoutside the Republic of South Africa) of fraud or corruption during the past five years?

Yes No


The vendor hereby certifies that the information set out in Returnable Schedule 7 and/or attached thereto is trueand correct and acknowledges that failure to properly and truthfully complete this schedule may result in thequotation being disqualified and/or in the event that the vendor is successful, cancellation of contract.


RETURNABLE SCHEDULE 8

OCCUPATIONAL HEALTH AND SAFETYAGREEMENT IN TERMS OF SECTION 37(2) ENTERED INTO BETWEEN

CITY OF CAPE TOWN(being the purchaser and hereinafter referred to as the Employer)

And

..............................................................................................................................(being the supplier and hereinafter referred to as the Mandatary)

in respect of[INSERT QUOTATION NUMBER AND DESCRIPTION]

(hereinafter referred to as the work)

WHEREAS Section 37(1) of the Occupational Health and Safety Act No 85 of 1993, as amended (the Act) provides that

an employer shall be liable to be convicted and sentenced in respect of an act or omission by its mandatary or employee;

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AND WHEREAS the supplier, appointed by the Employer to do work (as contemplated in the Act) is also liable in terms ofSection 37(3) (and in hes own right as employer) to comply with the provisions of the Act applicable to his employeesand mandatarys;AND WHEREAS Section 37(2) of the Act, limits the employers liability in terms of Section 37(1) if the employer andmandatary have agreed in writing to the arrangements and procedures between them to ensure compliance by themandatary;

NOW THEREFORE, the Employer and Mandatary, hereby agree as follows:1. The Mandatary hereby unconditionally accepts responsibility for compliance with the Act in respect of the work in

terms of Section 37(2) of the Act.2. The Mandatary hereby indemnifies the Employer against patrimonial loss/damages which the Employer may

suffer as a direct result of any claims and/or steps that may be instituted against the Employer due to non-compliance by the Employer, the Mandatary (or employees and mandataries of the Mandatary) with theprovisions of the Act.

Without limitiation to the aforesaid indemnity the Employer and Mandatary agree to the following arrangements andprocedures to ensure compliance by the Mandatary with the provisions of the Act:

3.1 The Mandatary warrants that he has read and fully understands the requirements of the above Act and theapplicable regulations and has allowed for all costs to be incurred to ensure such compliance.

3.2 The Mandatary has prepared and attached a Health and Safety Plan in accordance with the TenderSpecification provided by the Employer which is appropriate for the work.

3.3 Such Health and Safety Plan covers amongst other requirements:3.3.1 Management Structure, Site Supervision and Responsible Persons including a succession

plan.3.3.2 The Mandatarys induction training programme for employees and sub-contractors.3.3.3 Health and safety precautions and procedures to be adhered to in order to ensure compliance

with the Act, Regulations and Safety Specifications.3.3.4 Regular monitoring procedures to be performed.3.3.5 Regular liaison, consultation and review meetings with all parties.3.3.6 Site security, welfare facilities and first aid.3.3.7 Site rules and fire and emergency procedures.

4 The Mandatary is required to ensure that all sub-contractors and other persons engaged in the execution of the workalso comply with the above requirements.

5 The Mandatary, undertakes to inform the Employer immediately should the Mandatary at any time during theexecution of the work find that:

5.1 he cannot comply with the provisions of the Act; and/or5.2 the afore-mentioned indemnity; and/or5.3 he is unable to perform in accordance with this agreement; and/or5.4 hes compliance with the Act and this agreement be detrimentally affected.

6. The Mandatary shall liaise with the Employer , who shall be entitled in its sole discretion to agree to release theMandatary from the provisions of this agreement and/or the indemnity granted by the Mandatary herein, subject

to such conditions which the Employer may elect to impose.7. The Mandatary hereby appoints Mr/Mrs ..................................................... as its representative and the

responsible person on site for the duration of the contract in terms of Section 8(2)(i), GAR1, GSR 11, GMR 2 andEIR 4 & 5 [LINE TO INDICATE WHICH OHAS REGS APPLY] of the Occupational Health and Safety Act.

8. Mandatarys Registration number with Compensation Commissioner: ...........................

THUS DONE AND SIGNED at..............................on this......day of ................... 20....

_________________________________ ________________________________ PRINCIPAL MANDATORY(For and on behalf of City of Cape Town) (For and on behalf of the vendor)

RETURNABLE SCHEDULE 9

CERTIFICATE OF INDEPENDENT QUOTATION DETERMINATIONI, the undersigned, in submitting this quotation____W030120203________________________

(Quotation number and Description) in response to the call for quotations made by THE CITY OF CAPETOWN,do hereby make the following statements which I certify to be true and complete in every respect.

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

That:1. I have read and I understand the contents of this Certificate;

2. I understand that this quotation will be disqualified if this Certificate is found not to be true andcomplete in every respect;

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3. I am authorized by the vendor to sign this Certificate, and to submit this quotation, on behalf of thevendor;

4. Each person whose signature appears on this quotation has been authorized by the vendor todetermine the terms of, and to sign the quotation, on behalf of the vendor;

5. For the purposes of this Certificate and this quotation, I understand that the word competitor shallinclude any individual or organization, other than the vendor, whether or not affiliated with the vendor,who:

(a) has been requested to submit a quotation in response to this call for quotations;

(b) could potentially submit a quotation in response to this call for quotations, based on theirqualifications, abilities or experience; and

(c) provides the same goods and services as the vendor and/or is in the same line of business asthe vendor.

6. The vendor has arrived at this quotation independently from, and without consultation, communication,agreement or arrangement with any competitor. However communication between partners in a jointventure or consortium will not be construed as collusive price quoting.( Consortium: Joint venture or Consortium means an association of persons for the purposeof combining their expertise, property, capital, efforts, skill and knowledge in an activity for theexecution of a contract.)

7. In particular, without limiting the generality of paragraphs 5 and 6 above, there has been noconsultation, communication, agreement or arrangement with any competitor regarding:

(a) prices;(b) geographical area where product or service will be rendered (market allocation);

(c) methods, factors or formulas used to calculate prices;

(d) the intention or decision to submit or not to submit, a quote;

(e) the submission of a quotation which does not meet the specifications and conditions of thequotation; or

(f) submitting a quotation with the intention not to win the contract.

8. In addition, there have been no consultations, communications, agreements or arrangements with anycompetitor regarding the quality, quantity, specifications and conditions or delivery particulars of theproducts or services to which this call for quotation relates.

9. The terms of this quotation have not been, and will not be, disclosed by the vendor, directly orindirectly, to any competitor, prior to the date and time of the official quotation opening or of theawarding of the contract.

10. I am aware that, in addition and without prejudice to any other remedy provided to combat anyrestrictive practices related to quotations and contracts, quotations that are suspicious will be reportedto the Competition Commission for investigation and possible imposition of administrative penalties interms of section 59 of the Competition Act No. 89 of 1998 and or may be reported to the NationalProsecuting Authority (NPA) for criminal investigation and or may be restricted from conductingbusiness with the public sector for a period not exceeding ten (10) years in terms of the Prevention andCombating of Corrupt Activities Act No. 12 of 2004 or any other applicable legislation.

................SignaturePrint name: Date

On behalf of the vendor (duly authorised)

PART A: SPECIFICATIONSW030120203

[Penstocks at Athlone WWTW]

General Specifications

Manufacture and install Penstocks at Athlone WWTW, Main Raw Interstage Splitter box.5 x Full pentstocks (including plates and structure)

The Penstocks door and frame shall be made ofHot Dip Galvnized Steel.

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The spindle shall be made of 316 Stainless Steel

The door guides, seals, door nut and drive sleeve shall be of non-ferrous alloy materials. (Use theexisting guides)All fasteners shall be of grade 316Stainless Steel.The Penstocks shall be hand wheel operated.

Penstocks shall be installed by the Contractor using personnel that is skilled in such installations.

Detailed Specifications

The Plate/ Sluce gate should be 2025mm x 600mm x 6mm and theattached spindle of 40mm diameter and 2100mm length should befastened to to plate with the specified bolts.Pedestal should be 150 x 60 galvanized U-channel and bolted on the floorwith M12 316 Stainless Steel Rawl bolts.

HAND WHEEL

SPINDLE

PEDESTAL

DOOR GUIDES

PART B: QUOTATION INSTRUCTIONS

ALL QUOTATION CONDITIONS MUST BE STRICTLY ADHERED TO, FAILING WHICH THE QUOTATIONMAY BE DECLARED NON-RESPONSIVE/REJECTED

1. No quotation will be considered unless submitted on the CoCT Quotation Document.

2. Any portion of the Quotation Document not completed, will be interpreted as not applicable.

3. Quotations must be properly received and deposited in the correct quotation box on or before theclosing date and before the closing time at the Tender and Quotation Office situated at the 2nd floor,

Concourse Level, Civic Centre, Hertzog Boulevard, Cape Town.

4. The CoCT reserves the right to accept:

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a. the whole quotation or part thereof or any item or part of any item or accept more than onequotation (in the event of a number of items being offered) and the CoCT is not obliged toaccept the lowest or any quotation;

b. a quotation which is not substantially or materially different from the specification.

5. The CoCT shall not consider quotations, which are received after the closing date and time for suchquotations.

6. The CoCT will not be held responsible for any expenses incurred by vendors in preparing andsubmitting quotations.

7. The CoCT may, after the closing date, request additional information or clarification from vendors, inwriting.

8. A vendor may request in writing and, after the closing date, that his/her quotation be withdrawn andwhich withdrawal will be permitted or refused in the sole discretion of the CoCT after consideration ofthe reasons for the withdrawal, which shall be set out by the vendor in the written request forwithdrawal.

9. The City of Cape Towns representative for the purpose of this quotation shall be:[ABONGILE DUNA........(name).......... Tel. No.: (021) 684 1073 /1000 / 078 536 2545....................]

11. Any quotation submitted shall remain valid, irrevocable and open for written acceptance by the CoCTfor a period of sixty (60) daysfrom the closing date. By submitting a quotation, the vendor undertakesnot to withdraw his quotation or to amend it during the aforesaid period of sixty (60) days.

12. All vendors must be registered on the CoCTs Vendor Database. No awards will be made to vendorswho are not registered on the CoCTs Vendor Database.

12.1 Registration forms may be:collected from the 8th Floor, Supplier Management Office, Civic Centre, 12 Hertzog Boulevard, Cape Town;or requested by fax from 086 5461881;orcan be downloaded from the City Website:

http://www.capetown.gov.za/en/SupplyChainManagement/Pages/SupplierRegistration.aspx

12.2 It is each vendors responsibility to keep all their information updated on the CoCT VendorDatabase. If any information required (e.g. compulsory Tax clearance certificate, proof CIDBregistration, etc.) is no longervalid or has expired, all transactions with the vendormay, in thesole discretion of the CoCT, be suspended until such time as the correct verified information isreceived.

12.3 The CoCT uses Quadrem, administrator of the WCSD, to verify the HDI points of vendors.Although registration on the WCSD is NOT a compulsory requirement, vendors will not beallocated points for HDI unless they are registered with the WCSD.

13. The vendor shall submit a Letter of Good Standing issued in terms of COIDA, confirming that thevendor is registered as an employer in terms of the provisions of the Compensation for Occupational

Injuries and Diseases Act, No. 130 of 1993, failing which the quotation may be declared non responsive.

14. No person who is a provider or prospective provider of goods or services, or a recipient or prospectiverecipient of goods disposed or to be disposed of may directly or indirectly:

14.1 through a representative or intermediary promise, offer or grant:

any inducement or reward to the CoCT for or in connection with the award of a contract; orb) any reward, gift, favour or hospitality to any official or any other role player

involved in the implementation of the supply chain management policy.

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14.2 influence or interferewith the work of any City Officials involved in the procurementprocess in order to inter alia:

a) influence the process and/or outcome of a bid;b) incite breach of confidentiality and/or the offering of bribes;c) cause over and under invoicing;d) influence the choice of procurement method or technical standards;e) influence any City Official in any way which may secure an unfair advantageduring or at any stage of the procurement process.

14.3 Abuse of the Supply Chain Management System is not permitted and may result in thequotation being rejected, cancellation of the contract, blacklisting and/or any suchremedies as determined by Clause 44 of the CoCTs SCM Policy and the CoCTsAbuse Policy.

15. Vendors are required to complete all statuory declarations in the Returnable Schedules attached hereto,failing which the quotation may be declared non responsive.

PART C: GENERAL & SPECIAL CONDITIONS OF CONTRACT

THESE SPECIAL CONDITIONS CONTRACT (SCC) SUPPLEMENT AND MUST BE READ WITH THECORRESPONDING PROVISIONS OF THE GENERAL CONDITIONS OF CONTRACT (GCC) (download at

http://www.treasury.gov.za/divisions/sf/sc/GeneralConditions) WHICH SHALL CONSTITUTE THEAGREEMENT BETWEEN THE CoCT AND THE VENDOR. WHENEVER THERE IS A CONFLICT BETWEEN

THE SCC AND THE GCC, THE PROVISIONS OF THE SCC SHALL PREVAIL.

1. Acceptance/Contract Commencement and purchase ordersThe vendors offer will be accepted by the CoCT when a purchase order is issued to the vendor. Thedate of issue of the purchase order shall be the commencement date of the contract. The vendor

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undertakes work and incurs expenses prior to issuing of a purchase order entirely at its own risk. TheCoCT shall only incur liability for payment in terms of this contract, if a valid purchase order has beenissued to the vendor.

2. StandardsFailure to comply with the with the Specification and standards as set out in the quotation document shallconstitute a material breach and the CoCT reserves the right to cancel the contract in terms of Clause 23of the GCC.

3. Payment - Clause 16 of GCCa) All invoices must be forwarded to the following address:City of Cape Town, Private Bag X6, Bellville, 7530

b) All invoices received for goods and services dated on or before the 20th of a particular month, will bepaid between the 23rd and 26th of the next month.

c) In respect of SMME suppliers with HDI equity ownership of not less than 50%, as contemplated inClause 449 of the SCM Policy, the following will apply:

i. All invoices received by the City or its Agents dated between the 25th of the previousmonth and the 10th of the current month will be paid between the 23rd and the 26th ofthe current month.

ii. All invoices received by the City or its Agents dated between the 10th and the 25th of aparticular month, will be paid between the 10th and 13th of the next month.

4. Applicable Law - Clause 30 of GCCa) The vendor, by completion ofReturnableSchedule 8, hereby indemnifies the City in respectof the provisions of the Occupational Health and Safety Act, 85 of 1993 in accordance with theOccupational Health and Safety Act.

b) The vendor is to ensure compliance with the provisions of the OHAS Act & all relevantregulations, by all employees of the vendor. The vendor shall provide a suitable health andsafety plan appropriate for the contract.

c) The vendor shall comply with all laws relating to wages and conditions generally governing theemployment of labour in the Cape Town area.

d) The vendor shall be in possession of a Letter of Good Standing issued in terms of COIDA,confirming that the vendor is registered as an employer in terms of the provisions of theCompensation for Occupational Injuries and Diseases Act, No. 130 of 1993 and the vendorshall remain registered as such for the duration of this contract. The vendorr shall also pay allmonies due to the Compensation Fund in terms of the aforesaid Act.

5. Insurance - Clause 11 of GCCWithout limiting the obligations of the vendor in terms of this contract, the vendor shall effect and maintain thefollowing insurances:

i. Public liability insurances, in the name of the vendor, covering the vendor and the CoCT againstliability for the death of / or injury to any person, or loss of / or damage to any property, arising out of / or in thecourse of this contract, to the value of R20 million .

ii. Any goods supplied to the CoCT by the vendor in terms of this Agreement shall be fully andadequately insured by the vendor against any loss or damage incidental to manufacture or acquisition,transportation, storage and delivery.The vendor shall be obliged to furnish the CoCT with proof of such insurance from time to time for the durationof this contract.

6.Settlement of Disputes Clause 27 of GCCa) The CoCT and the supplier agree that disputes shall be resolved by mediation as referred to in

Regulations 50 of the Local Government: Municipal Finance Management Act, 2003 Municipal Supply Chain Management Regulations (Notice 868 of 2005).

b) In terms of Regulation 49 persons aggrieved by decisions or actions taken by the City of CapeTown in the implementation of its supply chain management system, may lodge within 14 daysof the decision or action, a written objection or complaint against the decision or action.

c) Disputes or objections and complaints must be submitted in writing to the City Manager,Executive Support, 5th Floor, Podium, Civic Centre, 12 Hertzog Boulevard, Cape Town

i. OR posted to: Private Bag X9181, Cape Town, 8000 orii. OR faxed to: (021) 418 9009.

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d) Clauses a) and b) above do not influence any persons rights to approach the High Court at anytime or its rights in terms of the Promotion of Administrative Justice Act (3 of 2000) andPromotion of Access to Information Act (2 of 2000).

i. All legal process and pleadings must be served on the Administrative Manager, LegalServices, 20th Floor, Tower Block, Civic Centre, 12 Hertzog Boulevard, Cape Town.

ii. All requests in terms of PAJA and PAIA must be submitted in writing to the Access toInformation Office, 2nd Floor, Concourse Level, Civic Centre, 12 Hertzog Boulevard,Cape Town.

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