REQUEST FOR PROPOSAL (RFP) FOR ENGINEERING AND ... · Description: Engineering and Construction Engineering Services for Cape Town Container Terminal Phase 2b Expansion Project Closing

TRANSNET GROUP CAPITAL

TENDER NUMBER: 1927506-S001

DESCRIPTION OF THE SERVICES: ENGINEERING AND CONSTRUCTION ENGINEERING SERVICES FOR CAPE TOWN CONTAINER TERMINAL PHASE

2B EXPANSION PROJECT

NEC3 PSC Contract Doc number: 1922705-S001-ENQ-001-Rev0

Transnet Group Capital a specialist unit of TRANSNET SOC LTD

[Registration Number 1990/000900/30]

REQUEST FOR PROPOSAL (RFP)

FOR ENGINEERING AND CONSTRUCTION ENGINEERING SERVICES FOR

CAPE TOWN CONTAINER TERMINAL PHASE 2B EXPANSION PROJECT

RFP NUMBER : 1927506-S001

ISSUE DATE : 06 December 2018

CLOSING DATE : 22 JANUARY 2019

COMPULSORY TENDER AND SITE WALK : 13 DECEMBER 2018

TENDER VALIDITY PERIOD: 12 WEEKS FROM CLOSING DATE

TRANSNET GROUP CAPITAL TENDER NUMBER: 1927506-S001

DESCRIPTION OF THE SERVICES: ENGINEERING AND CONSTRUCTION ENGINEERING SERVICES FOR CAPE TOWN CONTAINER TERMINAL PHASE 2B EXPANSION PROJECT

NEC3 PSC CONTRACT: Doc Number: 1924701-S001-ENQ-001-Rev0

Tendering Procedures

Page 2 of 3

Contents

Number Heading

The Tender

Part T1: Tendering Procedures

T1.1 Tender Notice and Invitation to Tender

T1.2 Tender Data

Part T2: Returnable Documents

T2.1 List of Returnable Documents

T2.2 Returnable Schedules

The Contract

Part C1: Agreements and Contract Data

C1.1 Form of Offer and Acceptance

C1.2 Contract Data (Parts 1 & 2)

Part C2: Pricing Data

C2.1 Pricing Instructions

C2.2 Task Schedule

C2.3 Staff Rates and Expenses

Part C3: Scope of Services

C3.1 Scope of Services.

Part C4: Site information

C4.1 Site Information

Part C4:



NEC3 PSC CONTRACT: Doc Number: 1924701-S001-ENQ-001-Rev0

Tendering Procedures

Page 3 of 3

Annexure

Annexure A

Close Out Report Phase 2a

Annexure B Drawing Register

Annexure C Past Pavement Studies & Geotechnical Reports

Annexure D Traffic Impact and Concept Reports

Annexure E TPT Operational Documents

Annexure F Document Submittal Requirement Standards

Annexure G Programme Cad Standards

Annexure H Additional Deliverable List

Annexure I

Annexure J

Annexure K

Field Data Specifications

Health and Safety Specification

Environmental Standards



Part T1: Tendering procedures

T 1.1: Tender Notice and Invitation Doc Number: 1927506-S001-ENQ-001-Rev0

Page 1 of 4

T1.1 Tender Notice and Invitation to Tender

SECTION 1: NOTICE TO TENDERERS

1. INVITATION TO TENDER

Responses to this Tender [hereinafter referred to as a Tender] are requested from persons, companies, close

corporations or enterprises [hereinafter referred to as a Tenderer].

DESCRIPTION ENGINEERING AND CONSTRUCTION ENGINEERING SERVICES FOR CAPE

TOWN CONTAINER TERMINAL PHASE 2B EXPANSION PROJECT

TENDER FEE AND BANKING DETAILS

This Tender may be downloaded directly from the National Treasury eTender

Publication Portal at www.etenders.gov.za free of charge. Alternatively, this RFP

may be purchased at R250 [inclusive of VAT] on a CD for those Tenderers that require a

copy from Transnet rather than downloading from the website. Tenderers are however

encouraged to download the RFP from the National Treasury eTender Portal instead. If a

CD containing the RFP is required, prior arrangements must be made one (1) day in

advance with the contact person listed below. This CD containing the RFP may be

collected during work hours.

Payment is to be made as follows:

Bank: Standard Bank

Account Number: 00 126 5741

Branch: Carlton Centre

Branch code: 0023055

Account Name: Transnet Group Capital

Reference: 1927506-S001

NOTE:

1. This amount is not refundable. Proof of payment for such payment made must be

presented when collecting the CD containing the RFP.

2. It is the responsibility of the tenderer to ensure receipt of a complete RFP with

specifications, drawings and annexures.

COLLECT CD CONTAINING RFP FROM:

Transnet Belcon Building

1st Floor reception

Belcon Road

Bellville

7535

Contact Person: Lesley Moses

Email address: Lesley.Moses @transnet.net





Page 2 of 4

ISSUE DATE AND COLLECTION DATE DEADLINE

Between 09:00 and 15:00 on 07 December 2018 to 11 December 2018.

Note: If a tender fee is applicable, payment must be effected prior to the deadline for

collection. Pursuant to this requirement, should a third party [such as a courier] be

instructed to collect a CD containing the RFP on behalf of a Tenderer, please ensure that

this person [the third party] has a “proof of payment” receipt for presentation to

Transnet when collecting the CD containing the RFP.

COMPULSORY TENDER CLARIFICATION MEETING

A Compulsory Tender Clarification Meeting and Site Walk will be conducted at 10th

Floor boardroom, TNPA House, South Arm Road, Port of Cape Town, 8000 on

Thursday, 13 December 2018 at 10:00am [10 O’clock] for a period of ± 6 (six)

hours. [Tenderers to provide own transportation and accommodation]. The clarification

meeting will start punctually and information will not be repeated for the benefit of

Tenderers arriving late. Tenderers are advised to bring full PPE (Safety shoes, goggles,

long sleeves, high visibility vests and hard hats) for the Site Walk that will take place

Certificate of Attendance in the form set out in the Returnable Schedule T2.2-02

hereto must be completed and submitted with your Tender as proof of attendance is

required for a compulsory site meeting and/or tender briefing.

Tenderers are required to bring this Returnable Schedule T2.2-02 to the Compulsory

Tender Clarification Meeting to be signed by the Employer’s Representative.

Tenderers failing to attend the compulsory tender briefing will be disqualified.

CLOSING DATE

12:00pm on Friday, 18 January 2019

Tenderers must ensure that tenders are delivered timeously to the correct address. If a

tender is late or delivered to the incorrect address, it will not be accepted for

consideration.

VALIDITY PERIOD

12 weeks from the Tender Closing Date.

Tenderers are to note that they may be requested to extend the validity period of their

tender, at the same terms and conditions, if the internal evaluation process has not been

finalised within the validity period.

However, once the adjudication body has approved the process and award of the

business to the successful Tenderer(s), the validity of the successful Tenderer(s)’ tender

will be deemed to remain valid until a final contract has been concluded.

2. TENDER SUBMISSION

Tender Offers must be submitted in a sealed envelope addressed as follows:

Zodidi Mavume

RFP No: 1927506-S001

Description: Engineering and Construction Engineering Services for Cape Town Container Terminal Phase

2b Expansion Project

Closing date and time: Tuesday, 22 January 2019.at 12:00

Closing address: [Refer to options in paragraph 3 below]

All envelopes must reflect the return address of the Tenderer on the reverse side.





Page 3 of 4

3. DELIVERY INSTRUCTIONS FOR TENDER

3.1. Delivery by hand

If delivered by hand, the envelope must be deposited in the Transnet tender box which is located at Transnet Group Capital, Transnet Belcon Building Ground Floor, Belcon Road, Bellville, Cape Town, 7535 and must be addressed as follows:

ZODIDI MAVUME


TRANSNET BELCON BUILDING

BELCON ROAD

BELLVILLE

7535

The measurements of the "tender slot" are 400mm wide x 100mm high, and Tenderers must please ensure that tender documents or files are no larger than the above dimensions. Tenders which are too

bulky [i.e. more than 100mm thick] must be split into two or more files, and placed in separate envelopes, each such envelope to be addressed as required in paragraph 2 above.

3.2. Dispatch by courier

If dispatched by courier, the envelope must be addressed as follows and delivered to Zodidi Mavume at:


TRANSNET BELCON BUILDING

BELCON ROAD

BELLVILLE

7535

3.3 If tender offers are not delivered as stipulated herein, such tenders will not be considered.

3.4 No email or faxed tenders will be considered, unless otherwise stated herein.

3.5 The tender offers to this tender will be opened as soon as possible after the closing date and time. Transnet shall not, at the opening of tenders, disclose to any other company any confidential details pertaining to the Tender Offers / information received, i.e. pricing, delivery, etc. The names and locations of the Tenderers will be divulged to other Tenderers upon request.

3.6 Envelopes must not contain documents relating to any Tender other than that shown on the envelope.

4. CONFIDENTIALITY

All information related to this RFP is to be treated with strict confidence. In this regard Tenderers are required to certify that they have acquainted themselves with the Non-Disclosure Agreement. All information related to a subsequent contract, both during and after completion thereof, will be treated with strict confidence. Should the need however arise to divulge any information gleaned from provision of the Goods, which is either directly or indirectly related to Transnet’s business, written approval to divulge such information must be obtained from Transnet.

Kindly note that Transnet will not reimburse any Tenderer for any preparatory costs or other work performed in connection with this Tender, whether or not the Tenderer is awarded a contract.

ACKNOWLEDGMENT OF RECEIPT OF DOCUMENTS

Transnet urges its clients, suppliers and the general public

to report any fraud or corruption to

TIP-OFFS ANONYMOUS: 0800 003 056 OR [email protected]





Page 4 of 4

INTENTION TO TENDER

(To be returned within 5 days after receipt)

EMAIL

TO:

Transnet Group Capital

Attention: Zodidi Mavume

Project No.: 1927506

Email:

[email protected]

Tender No.: 1927506-S001

Closing

Date

Tuesday, 22 January 2019

For: Engineering and Construction Engineering Services for Cape Town Container Terminal

Phase 2b Expansion Project

Check We: Do wish to tender for the work and shall return our tender by the due date

above Yes

Do not wish to tender on this occasion and herewith return all your

documents received

Yes

REASON FOR NOT TENDERING:

____________________________________________________________________________________________________________________________________________________________________________________________________

____________________________________________________________________________________________________________________________________________________

COMPANY’S NAME, ADDRESS, CONTACT, PHONE AND TELEFAX NUMBERS

____________________________________________________________________________________________________________________________________________________________________________________________________

SIGNATURE: ____________________________________

DATE: __________________________________________

TRANSNET GROUP CAPITAL TENDER NUMBER: 1927506-S001 DESCRIPTION OF THE SERVICES: ENGINEERING AND CONSTRUCTION ENGINEERING SERVICES FOR CAPE TOWN CONTAINER TERMINAL PHASE 2B EXPANSION PROJECT

Part T1.1 Tendering Procedure

T1.2: Tender Data Page 1 of 8 Doc number: 1927506-S001-ENQ-001-Rev0

T1.2 Tender Data

The conditions of tender are the Standard Conditions of Tender as contained in Annex F of the CIDB Standard for

Uniformity in Construction Procurement, first published in Board Notice 62 of 2004 in Government Gazette No 26427 of 9

June 2004. It was subsequently amended in Board Notice 67 of 2005 in Government Gazette No 28127 of 14 October

2005, Board Notice 93 of 2006 in Government Gazette No 29138 of 18 August 2006, Board Notice No 9 of 2008 in

Government Gazette No 31823 of 30 January 2009, Board Notice 86 of 2010 in Government Gazette No 33239 of 28

May 2010 and Board Notice 136 of 2015 in government Gazette 38960 of 10 July 2015.

This edition incorporates the amendments made in Board Notice 136 of 2015 in Government Gazette 38960 of 10 July

2015 and the erratum notices issued thereafter (see www.cidb.org.za).

The Standard Conditions of Tender make several references to Tender data for detail 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 in the left-hand column to the clause in the Standard Conditions of

Tender to which it mainly applies.

Clause Data

F.1.1 The Employer is Transnet SOC Ltd

(Reg No. 1990/000900/30)

F.1.2 The tender documents issued by the Employer comprise:

Part T: The Tender

Part T1: Tendering procedures T1.1 Tender notice and invitation to tender

T1.2 Tender data

Part T2 : Returnable documents T2.1 List of returnable documents

T2.2 Returnable schedules

Part C: The contract

Part C1: Agreements and contract

data

C1.1 Form of offer and acceptance

C1.2 Contract data (Part 1 & 2)

Part C2: Pricing data C2.1 Pricing instructions

C2.2 Task Schedule

Part C3: Scope of services C3.1 Scope of Services

Part C4: Site information C4.1 Site information

F.1.4 The Employer’s agent is:

http://www.cidb.org.za/




Name: Zodidi Mavume

Address:

Transnet Group Capital

Transnet Belcon Building

Belcon Road

Bellville

7535

Tel No. 021 940 1966

E – mail [email protected]

F.2.1 Only those tenderers who satisfy the following eligibility criteria are eligible to submit tenders:

1. Compulsory clarification meeting

An authorised representative of the tendering entity must attend the compulsory clarification

meeting in terms F.2.7 below.

2. Subcontracting

Tenderers are required to commit to a minimum of 30% of the contract value for

subcontracting to a South African company /ies (EME or QSE) that have a minimum of 51% or

more Black Ownership. The Ownership percentage as defined in the Preferential Procurement

policy Framework Act (PPPFA) Regulations 2017. Tenderers are required to submit the valid B-

BBEE certificates of the Sub-contracting Company/ies together with the Tender submission.

Any tenderer that fails to meet the pre-qualifying criteria stipulated above will be regarded as

an unacceptable tender.

3. Quality / Functionality:

Only those tenderers who obtain the minimum qualifying for score for functionality will be

evaluated further in terms of price and the applicable preference point system.

Any tenderer that fails to obtain the minimum qualifying score for functionality will be regarded

as an unacceptable tender.

The evaluation criteria for measuring functionality and the points for each criteria and, if any,

each sub-criterion are as stated in F.3.11.3 below.

The minimum qualifying for score for functionality is 60 points.

F.2.7 The arrangements for a compulsory clarification meeting are as stated in the Tender Notice and

Invitation to Tender.

Tenderers must sign the attendance register in the name of the tendering entity. Addenda will be issued

to and tenders will be received only from those tendering entities appearing on the attendance register.

Tenderers are also required to bring their RFP document to the briefing session and have their

returnable document T2.2.02 certificate of attendance signed off by the Employer’s authorised




representative.

F.2.12 No alternative tender offers will be considered

F.2.13.3 Parts of each tender offer communicated on paper shall be as an original, plus 1 (One) copy and shall be

in the English Language.

F.2.13.5

F2.15.1

The Employer’s details and address for delivery of tender offers and identification details that are to be

shown on each tender offer package are:

Location of tender box Detail as per example below:

Transnet Belcon Building Ground Floor, Belcon

Building, Bellville, 7535

(TRANSNET GROUP CAPITAL)

Physical address: Transnet Belcon Building, Belcon Building, Bellville,

7535

Identification details: The tender documents must be submitted labelled

with:

Name of Tenderer:

Contact person and details:

The Tender Number: 1927506-S001

The Tender Description: Engineering Services for

Cape Town Container Terminal Phase 2b Expansion

Project Documents must be marked for the

attention of: Employer’s Agent: Zodidi Mavume

The measurements of the "tender slot" are 400mm wide by 100mm high, and Tenderers must please

ensure that tender documents or files are no larger than the above dimensions. Tenders which are too

bulky [i.e. more than 100mm thick] must be split into two or more files, and placed in separate envelopes,

each such envelope to be addressed as required. NO LATE TENDERS WILL BE ACCEPTED

F.2.13.9 Telephonic, telegraphic, facsimile or e-mailed tender offers will not be accepted.

F.2.15 The closing time for submission of tender offers is as stated in the Tender Notice and Invitation to

Tender.

F.2.16 The tender offer validity period is 12 weeks after the closing date

F2.18 Provide, on request by the Employer, any other material information that has a bearing on the tender

offer, the tenderer’s commercial position (including notarized joint venture agreements), preferencing

arrangements, or samples of materials, considered necessary by the Employer for the purpose of a full

and fair risk assessment. Should the tenderer not provide the material, or a satisfactory reason as to why

it cannot be provided, by the time for of submission stated in the Employer’s request, the Employer may

regard the tender offer as non-responsive.

F.2.23 The tenderer is required to submit with his tender:

1. A valid Tax Clearance Certificate issued by the South African Revenue Services. Please note that

with effect from 15 April 2016 SARS introduced a new Tax Compliance Status System

(TCS) which replaces the old Tax Clearance Certificate System (TCC) which requires

Tenderers to provide Transnet with a TCS PIN to verify Tenderers compliance status;

2. A valid certified SANAS accredited B-BBEE verification certificate, and

3. Certified Letter of Good Standing with the Workmen’s compensation fund




Note: Refer to Section T2.1 for List of Returnable Documents

F3.4 The time and location for opening of the offers are:

Time: 12:00pm on Tuesday, 22 January 2019

Location: Transnet Group Capital, Transnet Belcon Building Reception, 1st floor, Belcon Building,

Bellville, 7535

F3.11.1 The minimum number of evaluation points for functionality is: 60

F3.11.3 The procedure for the evaluation of responsive tenders is Method 2 (Functionality, Price and Preference):

Only those tenderers who attain the minimum number of evaluation points for Quality (functionality) will be eligible for further evaluation, failure to meet the minimum threshold will result in the tender being disqualified and removed from further consideration. In the event that all tenderers that are evaluated in terms of functionality do not meet the

minimum stipulated points for functionality, Transnet reserves the right to lower the

minimum stipulated threshold points (threshold) from 60 (Sixty) to 55 ( Fifty Five) points.

Functionality Criteria

The functionality criteria and maximum score in respect of each of the criteria are as follows:

Functionality

criteria Sub-criteria

Sub-criteria points

Maximum number of points

Evaluation Schedule:

T2.2-5 Programme

The tender must provide a detailed programme indicating the order and

timing of activities to carry out the services in terms of the Employer’s

requirements and within the stipulated timeframes. The Tenderer shall

produce a Level 3 schedule according to the Employer’s objectives

Tenderers are required to provide their proposed

Programme in an electronic (soft copy) and PDF formats

when submitting their tender. The schedule should show

Starting, Completion and Sectional Completion dates

listed in contract data Part one.

4

15

All activities to be logically tied using a clearly defined

critical path method (CPM). 3

All activity durations to be realistic and based on

quantities and activities that can be measured in days.

The calendar on the schedule should represent the actual

work week/month used. e.g. weekends as non-working

periods

2

Tenderers to develop a minimum a Level 3 Programme

and submit it in an electronically and a hard copy format

together with their tender submissions. The programme

should be in a Primavera P6 Version 8.2 or Ms Projects.

2

Tenderers are required to indicate "time risk allowances"

and float shown. The Time Risk Allowances must be

clearly defined and basis that were applied in calculating

these durations. These allowances are owned by the

2




Tenderer

Tenderers are to submit a CV for the Planner with no

longer than two (2) pages, together with qualifications

which must be certified by a Commissioner of Oaths. 1

The Tenderer to submit a schedule narrative which

explains the schedule development, exclusions and

assumptions applied on the schedule. This should include

the bases used on production rates applied on the

schedule

1

T2.2-6 Staff and Resources

The Tenderer must be able to demonstrate that the project personnel

have sufficient knowledge, experience and qualifications to provide the

required service.

Organizational structure to include a clear indication of

roles and responsibilities and specific function of each

team member;

1

40

Key personnel should include at least, amongst others

Project Manager with experience in using New

Engineering Contract (NEC3), specific experience in

construction and building sector, project management

registration with recognised institution.

4

Civil Engineers / Technologists with relevant

experience for at least 10 years post ECSA registration. 3

Transport Engineering with focus on Traffic Impact

Studies having relevant experience for at least 10 years

post ECSA registration.

4

Concrete Paving Specialist with relevant experience

for at least 20 years post ECSA registration or at least 15

years, post ECSA registration, with a PhD focused on rigid

pavement engineering design.

8

Geotechnical Engineering with relevant experience for

at least 10 years post ECSA registration. 4

Electrical Engineers / Technologists with relevant

experience for at least 10 post ECSA registration. 3

Control and Instrumentation Engineers /

Technologists with relevant experience for at least 10

years post ECSA registration.

3

Structural Engineers / Technologists with focus on

structural steel work having relevant experience for at

least 15 years post ECSA registration.

3

Rail Engineers / Technologists with focus on track

engineering & Simulation having relevant experience for

at least 10 years post ECSA registration.

3

Environmental Specialist- Professionally registered

and with 15 years’ relevant experience (4) recalculate 3

Details of the location ( and functions) of offices from 1




which the services will be managed


T2.2-7 Previous

Experience

Tenderers are required to demonstrate their overall experience in the

delivery of similar works, and to this end shall supply a sufficiently

detailed reference list with contact details of existing customers and also

demonstrate their relevant experience with regards to the Engineering

Design and Works Information

Organization’s overall experience in the engineering, with

focus on:

Port Engineering (with specific experience in

container terminal optimization and expansion,

having a sound knowledge in transport chain

operations modelling), also including traffic

engineering with focus on intelligent transport

systems (ITS) to improve gate operations at

entrance facilities to container terminals.

Pavement specialization with regard to heavy

and continuous loads associated with a

container terminals, with focus on studies and

testing of current pavements and designing of

new pavements.

Structural Engineering, with specific focus in

portal frames and pavement integrity testing

and design.

Electrical and C&I work.

Civil engineering work, with specific focus on per

way, sewerage and drainage.

Railway Engineering with specific focus on

capacity planning and per way design.

Geotechnical engineering, with experience on

working on reclaimed land, as well as sound

knowledge on rigid pavement engineering.

12

15

Sufficient references to substantiate experience indicated

(Client name and contact details, project description,

duration and contract value, the manner in which claims /

adjudication / arbitration were handled)

3


T2.2-8 Approach

Paper

The tenderer must sufficiently demonstrate the

approach/methodology that he/she will employ to cover the

scope of the project in an approach paper.

30

Demonstrates a professional and thorough approach to

performing the Scope review and validation exercise with

specific focus on:

Rail Capacity Study

Traffic Study

Truck Staging Area

Specialist long quay pavement study.

Generation of the optimized expansion scope

15




As detailed in the Scope of Works

Ability to demonstrate capacity of organisational chart

including the ability to supplement internal resources to

service a large scale project.

7.5

Outline the methodology for the study (including a

constructability review – impact of construction on

operations etc), systems and processes used to achieve

the required project outcomes, frequency of

engagements, project interfacing & documentation

quality control

7.5

Maximum possible score for Functionality 100

Functionality shall be scored independently by not less than 3 (three) evaluators and averaged in

accordance with the following schedules:

T2.2-5 Programme

T2.2-6 Staff and Resources

T2.2-7 Previous Experience

T2.2-8 Approach Paper

Each evaluation criteria will be assessed in terms of scores of 0, 20, 40, 60, 80 or 100. The scores of

each of the evaluators will be averaged, weighted and then totalled to obtain the final score for

functionality, unless scored collectively. (See CIDB Inform Practice Note #9)

Note: Any tender not complying with the above mentioned stipulations, will be regarded

as non-responsive and will therefore not be considered for further evaluation. This note

must be read in conjunction with Clause F.2.1.

F.3.11.7 The financial offer will be scored using Formula 2 (option 1) in Table F.1 where the value of W1 is:

90 where the financial value of one or more responsive tenders received have a value above R 50

million, inclusive of all applicable taxes.

Up to 100 minus W1 tender evaluation points will be awarded to tenderers who complete the

preferencing schedule and who are found to be eligible for the preference claimed.

Should the BBBEE rating not be provided, tenderers with no verification will score zero points for

preferencing.

(Should the BBBEE rating not be provided, Transnet reserves the right to award no points. Transnet also reserves the right to carry out an independent audit of the tenderers scorecard components at any stage from the date of close of the tenders until completion of the contract. Tenderers with no accreditation will score zero points for preferencing.)

F.3.13 Tender offers will only be accepted if:

a) the tenderer submits an original valid Tax Clearance Certificate issued by the South African




Revenue Services or has made arrangements to meet outstanding tax obligations. Please note

that with effect from 15 April 2016 SARS introduced a new Tax Compliance Status

System (TCS) which replaces the old Tax Clearance Certificate System (TCC) which

requires Tenderers to provide Transnet with a TCS pin to verify Tenderers compliance

status;

b) the tenderer or any of its directors/shareholders 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;

c) the tenderer does not appear on Transnet’s list for restricted tenderers and National Treasury’s list

of Tender Defaulters;

d) the tenderer has fully and properly completed the Compulsory Enterprise Questionnaire and there

are no conflicts of interest which may impact on the tenderer’s ability to perform the contract in the

best interests of the Employer or potentially compromise the tender process and persons in the

employ of the state are permitted to submit tenders or participate in the contract;

e) the tenderer is registered and in good standing with the compensation fund or with a licensed

compensation insurer;

f) the Employer is reasonably satisfied that the tenderer has in terms of the Construction Regulations,

2014, issued in terms of the Occupational Health and Safety Act, 1993, the necessary competencies

and resources to carry out the work safely.

g) Respondents are required to self-register on National Treasury’s Central Supplier Database (CSD)

which has been established to centrally administer supplier information for all organs of state and

facilitate the verification of certain key supplier information. The CSD can be accessed at

https://secure.csd.gov.za/. Respondents are required to provide the following to Transnet in order

to enable it to verify information on the CSD: Supplier Number and Unique registration reference

number.

F.3.17 The number of paper copies of the signed contract to be provided by the Employer is 1 (one).

Annex F (normative)

Standard Conditions of Tender

As published in Annexure F of the cidb Standard for Uniformity for construction Procurement, Board Notice 136 Government Gazette No 38960 of 10 July 2015

F.1 General

F.1.1 Actions F.1.1.1 The employer and each tenderer submitting a tender offer shall comply with these conditions of tender. In their dealings with each other, they shall discharge their duties and obligations as set out in F.2 and F.3, timeously and with integrity, and behave equitably, honestly and transparently, comply with all legal obligations and not engage in anticompetitive practices. F.1.1.2 The employer and the tenderer and all their agents and employees involved in the tender process shall avoid conflicts of interest and where a conflict of interest is perceived or known, declare any such conflict of interest, indicating the nature of such conflict. Tenderers shall declare any potential conflict of interest in their tender submissions. Employees, agents and advisors of the employer shall declare any conflict of interest to whoever is responsible for overseeing the procurement process at the start of any deliberations relating to the procurement process or as soon as they become aware of such conflict, and abstain from any decisions where such conflict exists or recuse themselves from the procurement process, as appropriate. Note: 1) A conflict of interest may arise due to a conflict of roles which might provide an incentive for improper acts in

some circumstances. A conflict of interest can create an appearance of impropriety that can undermine

confidence in the ability of that person to act properly in his or her position even if no improper acts result.

2) Conflicts of interest in respect of those engaged in the procurement process include direct, indirect or family

interests in the tender or outcome of the procurement process and any personal bias, inclination, obligation,

allegiance or loyalty which would in any way affect any decisions taken.

F.1.1.3 The employer shall not seek and a tenderer shall not submit a tender without having a firm intention and the capacity to proceed with the contract. F.1.2 Tender Documents The documents issued by the employer for the purpose of a tender offer are listed in the tender data. F.1.3 Interpretation F.1.3.1 The tender data and additional requirements contained in the tender schedules that are included in the returnable documents are deemed to be part of these conditions of tender. F.1.3.2 These conditions of tender, the tender data and tender schedules which are only required for tender evaluation purposes, shall not form part of any contract arising from the invitation to tender.

F.1.3.3 For the purposes of these conditions of tender, the following definitions apply: a) conflict of interest means any situation in which:

i) someone in a position of trust has competing professional or personal interests which make it difficult to fulfill his or her duties impartially;

ii) an individual or organisation is in a position to exploit a professional or official capacity in some way for their personal or corporate benefit; or

iii) incompatibility or contradictory interests exist between an employee and the organisation which employs that employee.

b) comparative offer means the price after the factors of a non-firm price and all unconditional discounts it can be utilised to have been taken into consideration;

c) corrupt practice means the offering, giving, receiving or soliciting of anything of value to influence the action of the employer or his staff or agents in the tender process;

d) fraudulent practice means the misrepresentation of the facts in order to influence the tender process or the award of a contract arising from a tender offer to the detriment of the employer, including collusive practices intended to establish prices at artificial levels;

e) organization means a company, firm, enterprise, association or other legal entity, whether incorporated or not, or a public body;

f) functionality means the measurement according to the predetermined norms of a service or commodity designed to be practical and useful, working or operating, taking into account quality, reliability, viability and durability of a service and technical capacity and ability of a tenderer.

F.1.4 Communication and employer’s agent Each communication between the employer and a tenderer shall be to or from the employer's

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

F.1.5 Cancellation and Re-Invitation of Tenders

F1.5.1 An organ of state may, prior to the award of the tender, cancel a tender if-

(a) due to changed circumstances, there is no longer a need for the services, works or goods

requested; or

(b) funds are no longer available to cover the total envisaged expenditure; or

(c) no acceptable tenders are received.

F1.5.2 The decision to cancel a tender must be published in the cidb website and in the

government Tender Bulletin for the media in which the original tender invitation was advertised.

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

http://en.wikipedia.org/wiki/Duty

http://en.wikipedia.org/wiki/Impartiality

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. F.2 Tenderer’s obligations

F.2.1 Eligibility F.2.1.1 Submit a tender offer only if the tenderer satisfies the criteria stated in the tender data and the tenderer, or any of his principals, is not under any restriction to do business with employer. F.2.1.2 Notify the employer of any proposed material change in the capabilities or formation of the tendering entity (or both) or any other criteria which formed part of the qualifying requirements used by the employer as the basis in a prior process to invite the tenderer to submit a tender offer and obtain the employer’s written approval to do so prior to the closing time for tenders. F.2.2 Cost of tendering

F2.2.1 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.

F2.2.2 The cost of the tender documents charged by the employer shall be limited to the actual cost incurred by the employer for printing the documents. Employers must attempt to make available the tender documents on its website so as not to incur any costs pertaining to the printing of the tender documents. 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. F2.10.2 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. 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. 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 as well as a schedule that compares the requirements of the tender documents

with the alternative requirements that are proposed.

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.2.12.3 An alternative tender offer may only be considered in the event that the main tender offer is the winning tender.

F.2.13 Submitting a tender offer F.2.13.1 Submit one tender offer only, either as a single tendering entity or as a member in a joint venture to provide the whole of the works, services or supply identified in the contract data and described in the scope of works, unless stated otherwise in the tender data. F.2.13.2 Return all returnable documents to the employer after completing them in their entirety, either electronically (if they were issued in electronic format) or by writing legibly in non-erasable ink. F.2.13.3 Submit the parts of the tender offer communicated on paper as an original plus the number of copies stated in the tender data, with an English translation of any documentation in a language other than English, and the parts communicated electronically in the same format as they were issued by the employer. F.2.13.4 Sign the original and all copies of the tender offer where required in terms of the tender data. The employer will hold all authorized signatories liable on behalf of the tenderer. Signatories for tenderers proposing to contract as joint ventures shall state which of the signatories is the lead partner whom the employer shall hold liable for the purpose of the tender offer. F.2.13.5 Seal the original and each copy of the tender offer as separate packages marking the packages as "ORIGINAL" and "COPY". Each package shall state on the outside the employer's address and identification details stated in the tender data, as well as the tenderer's name and contact address. F.2.13.6 Where a two-envelope system is required in terms of the tender data, place and seal the returnable documents listed in the tender data in an envelope marked “financial proposal” and place the remaining returnable documents in an envelope marked “technical proposal”. Each envelope shall state on the outside the employer’s address and identification details stated in the tender data, as well as the tenderer's name and contact address. F.2.13.7 Seal the original tender offer and copy packages together in an outer package that states on the outside only the employer's address and identification details as stated in the tender data. F.2.13.8 Accept that the employer will 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. F.2.16 Tender offer validity F.2.16.1 Hold the tender offer(s) valid for acceptance by the employer at any time during the validity period stated in the tender data after the closing time stated in the tender data. F.2.16.2 If requested by the employer, consider extending the validity period stated in the tender data for an agreed additional period with or without any conditions attached to such extension. F.2.16.3 Accept that a tender submission that has been submitted to the employer may only be withdrawn or substituted by giving the employer’s agent written notice before the closing time for tenders that a tender is to be withdrawn or substituted. F.2.16.4 Where a tender submission is to be substituted, submit a substitute tender in accordance with the requirements of F.2.13 with the packages clearly marked as “SUBSTITUTE”. F.2.17 Clarification of tender offer after submission Provide clarification of a tender offer in response to a request to do so from the employer during the evaluation of tender offers. This may include providing a breakdown of rates or prices and correction of arithmetical errors by the adjustment of certain rates or item prices (or both). No change in the competitive position of tenderers or substance of the tender offer is sought, offered, or permitted. Note: Sub-clause F.2.17 does not preclude the negotiation of the final terms of the contract with a preferred tenderer

following a competitive selection process, should the Employer elect to do so.

F.2.18 Provide other material F.2.18.1 Provide, on request by the employer, any other material that has a bearing on the tender offer, the tenderer’s commercial position (including notarized joint venture agreements), preferencing arrangements, or samples of materials, considered necessary by the employer for the purpose of a full and fair risk assessment. Should the tenderer not provide the material, or a satisfactory reason as to why it cannot be provided, by the time for submission stated in the employer’s request, the employer may regard the tender offer as non-responsive. F.2.18.2 Dispose of samples of materials provided for evaluation by the employer, where required. F.2.19 Inspections, tests and analysis Provide access during working hours to premises for inspections, tests and analysis as provided for in the tender data.

F.2.20 Submit securities, bonds and policies If requested, submit for the employer’s acceptance before formation of the contract, all securities, bonds, guarantees, policies and certificates of insurance required in terms of the conditions of contract identified in the contract data. F.2.21 Check final draft Check the final draft of the contract provided by the employer within the time available for the employer to issue the contract. F.2.22 Return of other tender documents If so instructed by the employer, return all retained tender documents within 28 days after the expiry of the validity period stated in the tender data. F.2.23 Certificates Include in the tender submission or provide the employer with any certificates as stated in the tender data. F.3 The employer’s undertakings F.3.1 Respond to requests from the tenderer F.3.1.1 Unless otherwise stated in the tender Data, respond to a request for clarification received up to five working days before the tender closing time stated in the Tender Data and notify all tenderers who drew procurement documents. F.3.1.2 Consider any request to make a material change in the capabilities or formation of the tendering entity (or both) or any other criteria which formed part of the qualifying requirements used to prequalify a tenderer to submit a tender offer in terms of a previous procurement process and deny any such request if as a consequence: a) an individual firm, or a joint venture as a whole, or any individual member of the joint

venture fails to meet any of the collective or individual qualifying requirements; b) the new partners to a joint venture were not prequalified in the first instance, either as

individual firms or as another joint venture; or c) in the opinion of the Employer, acceptance of the material change would compromise the

outcome of the prequalification process. F.3.2 Issue Addenda If necessary, issue addenda that may amend or amplify the tender documents to each tenderer during the period from the date that tender documents are available until three 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, number of points claimed for its BBBEE status level 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 functionality 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 functionality evaluation more than the minimum number of points for functionality stated in the tender data, and announce the score obtained for the technical proposals and the total price and any points claimed on BBBEE status level. Return unopened financial proposals to tenderers whose technical proposals failed to achieve the minimum number of points for functionality. F.3.6 Non-disclosure Not disclose to tenderers, or to any other person not officially concerned with such processes, information relating to the evaluation and comparison of tender offers, the final evaluation price and recommendations for the award of a contract, until after the award of the contract to the successful tenderer. F.3.7 Grounds for rejection and disqualification Determine whether there has been any effort by a tenderer to influence the processing of tender offers and instantly disqualify a tenderer (and his tender offer) if it is established that he engaged in corrupt or fraudulent practices. F.3.8 Test for responsiveness

F.3.8.1 Determine, after opening and before detailed evaluation, whether each tender offer properly received: a) complies with the requirements of these Conditions of Tender, b) has been properly and fully completed and signed, and c) is responsive to the other requirements of the tender documents. 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 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) the gross misplacement of the decimal point in any unit rate;

b) omissions made in completing the pricing schedule or bills of quantities; or

c) 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.

F3.9.2 The employer must correct the arithmetical errors in the following manner:

a) Where there is a discrepancy between the amounts in words and amounts in figures, the

amount in words shall govern.

b) If 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.

c) Where there is an error in the total of the prices either as a result of other corrections

required by this checking process or in the tenderer's addition of prices, the total of the

prices shall govern and the tenderer will be asked to revise selected item prices (and their

rates if bills of quantities apply) to achieve the tendered total of the prices.

Consider the rejection of a tender offer if the tenderer does not correct or accept the correction

of the arithmetical error in the manner described above.

F.3.10 Clarification of a tender offer Obtain clarification from a tenderer on any matter that could give rise to ambiguity in a contract arising from the tender offer. F.3.11 Evaluation of tender offers F.3.11.1 General Appoint an evaluation panel of not less than three persons. Reduce each responsive tender offer to a comparative offer and evaluate them using the tender evaluation methods and associated evaluation criteria and weightings that are specified in the tender data. F.3.11.2 Method 1: Price and Preference In the case of a price and preference: 1) Score tender evaluation points for price 2) Score points for BBBEE contribution 3) Add the points scored for price and BBBEE.

F.3.11.3 Method 2: Functionality, Price and Preference In the case of a functionality, price and preference: 1) Score functionality, rejecting all tender offers that fail to achieve the minimum number of

points for functionality as stated in the Tender Data. 2) No tender must be regarded as an acceptable tender if it fails to achieve the minimum

qualifying score for functionality as indicated in the tender invitation. 3) Tenders that have achieved the minimum qualification score for functionality must be

evaluated further in terms of the preference points system prescribed in paragraphs 4 and 4 and 5 below.

The 80/20 preference point system for acquisition of services, works or goods up to Rand value of R1 million

4) (a)(i) The following formula must be used to calculate the points for price in respect of tenders( including price quotation) with a rand value equal to, or above R 30 000 and up to Rand value of R 1 000 000 ( all applicable taxes included):

min

min180

P

PPtPs

Where

Ps = Points scored for comparative price of tender or offer under consideration;

Pt = Comparative price of tender or offer under consideration; and

Pmin = Comparative price of lowest acceptable tender or offer.

(4)(a)(ii) An employer of state may apply the formula in paragraph (i) for price quotations with a value less

than R30 000, if and when appropriate:

(4)(b) Subject to subparagraph(4)(c), points must be awarded to a tender for attaining the B-BBEE status

level of contributor in accordance with the table below:

B-BBEE status level of contributor Number of points

1 20

2 18

3 16

4 12

5 8

6 6

7 4

8 2

Non-compliant contributor 0

(4)(c) A maximum of 20 points may be allocated in accordance with subparagraph (4)(b)

(4)(d) The points scored by tender in respect of B-BBEE contribution contemplated in

contemplated in subparagraph (4) (b) must be added to the points scored for price as

calculated in accordance with subparagraph (4)(a).

(4)(e) Subject to paragraph 4.3.8 the contract must be awarded to the tender who scores the

highest total number of points.

The 90/ 10 preference points system for acquisition of services, works or goods with a

Rand value above R 1 million

(5)(a) The following formula must be used to calculate the points for price in respect of tenders

with a Rand value above R1 000 000 (all applicable taxes included):

Where Ps = Points scored for comparative price of tender or offer under consideration;

Pt = Comparative price of tender or offer under consideration; and

Pmin = Comparative price of lowest acceptable tender or offer.

(5)(b) Subject to subparagraph(5)(c), points must be awarded to a tender for attaining the B-

BBEE status level of contributor in accordance with the table below:


1 10

2 9


3 8

4 5

5 4

6 3

7 2

8 1

Non-compliant contributor 0

(5)(c) A maximum of 10 points may be allocated in accordance with subparagraph (5)(b).

(5)(d) The points scored by tender in respect of B-BBEE contribution contemplated in

contemplated in subparagraph (5) (b) must be added to the points scored for price as

calculated in accordance with subparagraph (5)(a).

(5)(e) Subject to paragraph 4.3.8 the contract must be awarded to the tender who scores the highest total number of points.

F.3.11.6 Decimal places Score price, preference and functionality, as relevant, to two decimal places. F.3.11.7 Scoring Price Score price of remaining responsive tender offers using the following formula: NFO = W1 x A

where: NFO is the number of tender evaluation points awarded for price. W1 is the maximum possible number of tender evaluation points awarded for price as stated in the Tender Data. A is a number calculated using the formula and option described in Table F.1 as stated in the Tender Data.

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

Formula Comparison aimed at achieving Option 1

a Option 2

a

1 Highest price or discount A = (1 +( P - Pm)) Pm

A = P / Pm

2 Lowest price or percentage commission / fee

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

A = Pm / P

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

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

F.3.11.8 Scoring preferences Confirm that tenderers are eligible for the preferences claimed in accordance with the provisions of the tender data and reject all claims for preferences where tenderers are not eligible for such preferences. Calculate the total number of tender evaluation points for preferences claimed in accordance with the provisions of the tender data. F.3.11.9 Scoring functionality 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: 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

F.3.12 Insurance provided by the employer If requested by the proposed successful tenderer, submit for the tenderer's information the policies and / or certificates of insurance which the conditions of contract identified in the contract data, require the employer to provide. F.3.13 Acceptance of tender offer Accept the tender offer, if in the opinion of the employer, it does not present any 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,

b) can, as necessary and in relation to the proposed contract, demonstrate that he or she

possesses the professional and technical qualifications, professional and technical

competence, financial resources, equipment and other physical facilities, managerial

capability, reliability, experience and reputation, expertise and the personnel, to perform

the contract,

c) has the legal capacity to enter into the contract,

d) is not insolvent, in receivership, under Business Rescue as provided for in chapter 6 of the

Companies Act, 2008, bankrupt or being wound up, has his affairs administered by a court

or a judicial officer, has suspended his business activities, or is subject to legal

proceedings in respect of any of the foregoing,

e) complies with the legal requirements, if any, stated in the tender data, and

f) is able, in the opinion of the employer, to perform the contract free of conflicts of interest. F.3.14 Prepare contract documents F.3.14.1 If necessary, revise documents that shall form part of the contract and that were issued by the employer as part of the tender documents to take account of: a) addenda issued during the tender period, b) inclusion of some of the returnable documents, and c) other revisions agreed between the employer and the successful tenderer. F.3.14.2 Complete the schedule of deviations attached to the form of offer and acceptance, if any. F.3.15 Complete adjudicator's contract Unless alternative arrangements have been agreed or otherwise provided for in the contract, arrange for both parties to complete formalities for appointing the selected adjudicator at the same time as the main contract is signed. F.3.16 Notice to unsuccessful tenderers F.3.16.1 Notify the successful tenderer of the employer's acceptance of his tender offer by completing and returning one copy of the form of offer and acceptance before the expiry of the validity period stated in the tender data, or agreed additional period. F.3.16.2 After the successful tenderer has been notified of the employer’s acceptance of the tender, notify other tenderers that their tender offers have not been accepted. F.3.17 Provide copies of the contracts Provide to the successful tenderer the number of copies stated in the Tender Data of the signed copy of the contract as soon as possible after completion and signing of the form of offer and acceptance. F.3.18 Provide written reasons for actions taken Provide upon request written reasons to tenderers for any action that is taken in applying these conditions of tender, but withhold information which is not in the public interest to be divulged, which is considered to prejudice the legitimate commercial interests of tenderers or might prejudice fair competition between tenderers. F3.19 Transparency in the procurement process

F3.19.1 The cidb prescripts require that tenders must be advertised and be registered on the cidb

i.Tender system.

F3.19.2 The employer must adopt a transparency model that incorporates the disclosure and

accountability as transparency requirements in the procurement process.

F3.19.3 The transparency model must identify the criteria for selection of projects, project

information template and the threshold value of the projects to be disclosed in the public domain

at various intervals of delivery of infrastructure projects.

F3.19.4 The client must publish the information on a quarterly basis which contains the following

information:

Procurement planning process

Procurement method and evaluation process

Contract type

Contract status

Number of firms tendering

Cost estimate

Contract title

Contract firm(s)

Contract price

Contract scope of work

Contract start date and duration

Contract evaluation reports

F3.19.5 The employer must establish a Consultative Forum which will conduct a random audit in

the implementation of the transparency requirements in the procurement process.

F3.19.6 Consultative Forum must be an independent structure from the bid committees.

F3.19.7 The information must be published on the employer’s website.

F 3.19.8 Records of such disclosed information must be retained for audit purposes.


TENDER NUMBER: 1927506-S001 DESCRIPTION OF THE SERVICES: ENGINEERING AND CONSTRUCTION ENGINEERING SERVICES FOR CAPE TOWN CONTAINER TERMINAL PHASE 2B

EXPANSION PROJECT

Part T2: Returnable Documents Doc number: 197506-S001-ENQ-001-Rev0

Page 1 of 1 T2.2: Returnable Schedules

T2.1 List of Returnable Documents

1.1 These schedules are required for pre-qualification and eligibility purposes:

T2.2-01 - Pre-qualification Criteria Schedule - Sub-Contracting

T2.2-02 – Pre-qualification Criteria Schedule - Certificate of attendance at Compulsory Tender Clarification Meeting

1.2 These schedules are required for compliance purposes:

T2.2.03 – Compliance Schedule – Supplier Declaration

T2.2.04 - Compliance Schedule – Supplier Development Plan

1.3 These schedules will be utilised for Technical evaluation purposes:

T2.2-05 - Technical Evaluation Schedule: Programme

T2.2-06 - Technical Evaluation Schedule: Staff and Resources

T2.2-07 - Technical Evaluation Schedule: Previous Experience

T2.2-08 - Technical Evaluation Schedule: Approach Paper

1.4 Essential Returnable Schedules:

T2.2-09 Insurance provided by the Consultant

T2.2-10 Authority to submit tender

T2.2-11 Compulsory Enterprise Questionnaire

T2.2-12 Service Provider Integrity Pact

T2.2-13 Non-Disclosure Agreement

T2.2-14 RFP Declaration Form

T2.2-15 RFP – Breach of Law

T2.2-16 Record of addenda to tender documents

T2.2-17 BBBEE and Socio-Economic Obligations

T2.2-18 Certificate of Acquaintance with Tender Document

T2.2-19 Transnet Vendor Registration Form

T2.2-20 BBBEE Improvement Plan_Aug2016

C1.1 Offer portion of Form of Offer and Acceptance

C1.2 Contract Data

C2.1 Pricing Instructions

C2.2 Pricing Schedule

C3.1 Scope of Services

C4 Site information



Doc Number: 1927506-S001-ENQ-001-Rev0 Part T2: Returnable Schedules

1 of 2 T2.2-01: Eligibility Criteria Schedule: Sub-contracting

T2.2-01 Eligibility Criteria Schedule: Sub-Contracting

In an endeavour to grow and develop Black Owned (BO) companies as well as to ensure that Transnet meets its

Shareholder Compact Objectives, Potential Tenderers are required to meet the eligibility criteria of Sub-

contracting.

Transnet requires tenderers to commit to:

It is a specific tendering condition that tenderers commit to subcontracting a minimum of 30% of the

contract value to a South African company /ies (EME or QSE) that have a minimum of 51% or more

Black Ownership. The Ownership percentage as defined in the Preferential Procurement policy

Framework Act (PPPFA) Regulations 2017. Tenderers are required to submit the valid B-BBEE certificates

of the Sub-contracting Company/ies together with the Tender submission.

Tenderer to note that any deviations from this list of proposed sub-consultants will be subject

to acceptance by the Employer’s Agent in terms of the Conditions of Contract.

Provide information of the Sub-consultants below:

Name of proposed Sub-consultants

Address and Region

Nature and extent of work

B-BBEEE

Certificates or Sworn Affidavit attached behind this schedule?

Yes/No

Amount of work subcontracted in Rands (excl. 15% Vat)

Percentage (%) of the sub-contracted amount in terms of the tendered total of the prices.

1.

2.

3.

4.

5.



Doc Number: 1927506-S001-ENQ-001-Rev0 Part T2: Returnable Schedules

2 of 2 T2.2-01: Eligibility Criteria Schedule: Sub-contracting

Comments:

_______________________________________________________________________________________

_______________________________________________________________________________________

_______________________________________________________________________________________

_______________________________________________________________________________________

______________________________________________________________________________

SIGNED at ___________________________ on this _____ day of _______________20___

___________________________

SIGNATURE OF TENDERER



Doc number: 1927506-S001-ENQ-001-Rev0 Page 1 of 1 T2.2-02: Eligibility Criteria Schedule:

Certificate of Attendance at Tender Clarification Meeting

T2.2-02: Eligibility Criteria Schedule: Certificate of Attendance at Tender

Clarification Meeting

This is to certify that

(Company Name)

Represented

By:

(Name and Surname)

Was represented at the compulsory tender clarification meeting

Held at: Cape Town Container Terminal Admin Building, 4th Floor boardroom, Port of Cape Town

On (date) Thursday, 13 December 2018 Starting time: 10:00

Particulars of person(s) attending the meeting:

Name Signature

Capacity

Attendance of the above company at the meeting was confirmed by the TGC Procurement:

Name Signature

For and on Behalf of the Employers Agent. Date



Doc number: 1927506-S001-ENQ-001-Rev0 Part T2: Returnable Schedules

Page 1 of 3 T2.2-03: Supplier Development Declaration

T2.2-03: SUPPLIER DEVELOPMENT COMPLIANCE SCHEDULE:

Tenderers are required to indicate whether they agree/do not agree to commit that not less than 10% of the

contract value will be spent cumulatively on Supplier Development Initiatives. This criterion must be discharged

against the following Supplier Development categories as outlined in the Supplier Development Value Summary

[Annexure B]:

Category Description Target

Job Creation 30% of all new skilled, professionally qualified and management positions must be sourced from the Western Cape Region.

45%

Skills Development A minimum of 6 graduates will be trained over the

project life period promoting the alleviation of regional youth unemployment

15% of the skills development spend should be on Transnet Trainees

NB: All training and courses must have certified certificates awarded to employees. A programme must be developed to ensure progress.

30%

Local Economic Development

At least one Enterprise Development Program aimed at developing Black Owned SMME’s within the Construction industry

At least one Social Economic Program targeted at education, training and/or health care

25%

AGREE DO NOT

AGREE

I/We do hereby certify that the Supplier Development commitments made in relation to this RFP are solely in

relation to this transaction and are not duplicated in relation to any other contracts that I/we have secured with

any other organ of state including other State-Owned Companies.

Furthermore, I/we do hereby declare that this undertaking also applies to any other contracts that I may have

secured with Transnet including other Transnet Operating Divisions/Specialist Units. For the purposes of

verification of this undertaking, the following is a list of contracts with Supplier Development commitments that

I/we have secured with Transnet:

__________________________________________________________________________________________

________________________________________________________________________________

I/We do hereby agree to the following should I/we fail to meet the required commitments in relation to SD:

Non-Compliance Penalties:

a) If the Supplier fails, at any agreed milestone, to achieve its commitments under and in

accordance with the Supplier Development Implementation Plan (“a Non-Compliance”), the

Supplier shall pay a Non-Compliance penalty (“Non-compliance Penalty”) to Transnet in respect





of such Non-compliance as set out in paragraph (e) below. The penalties shall be imposed per

milestone measurement or for non-delivery of committed values.

b) Respondents are to note that Transnet will determine the size of the entity (i.e. EME, QSE and

Large) and the applicable Non-compliance Penalties annually based on the Supplier’s turnover

in the year the penalty applies.

c) Failure to adhere to the milestones and targets defined in an Implementation Plan shall result

in the invocation of financial penalties. To the extent that the Actual Supplier Development

Spend is lower than the Required Supplier Development Spend (or the Adjusted Required

Supplier Development Spend, as the case may be), the Supplier shall be liable for Penalties

calculated which is the difference in value between the Actual Supplier Development Spend and

the Required Supplier Development Spend (or the Adjusted Required Supplier Development

Spend, as the case may be) plus an additional percentage as indicated in the Table under

paragraph e) below. Such Non-compliance Penalties shall be calculated and levied at the

relevant milestones as stipulated in the Supplier Development Implementation Plan in

accordance with the table below.

d) Breach of SD obligations also provide Transnet cause to terminate the contract in certain cases

where material milestones are not being achieved.

e) Table: SD Non-Compliance Penalties

In relation to Supplier Development Implementation Plan, Non-Compliance Penalties shall apply as follows:

Company Size SD Penalty

Large Measured Entities (LME) The difference in value between the

committed and delivered SD value.

Qualifying Small Enterprise (QSE) The difference in value between the

committed and delivered SD value.

Exempted Micro Enterprises(EME) The difference in value between the

committed and delivered SD.

For the purposes of this paragraph –

Actual Supplier Development Spend means the monetary value of SD initiatives actually

delivered by the Supplier during the period under review;

Required Supplier Development Spend means the monetary value of SD obligations that the

Supplier has agreed to deliver during the period under review;

Adjusted Required Supplier Development Spend means any adjustment to the Required SD

spend as agreed to between the parties, reduced to writing and signed by the parties.

Non-compliance Penalty Certificate:





f) If any Non-compliance Penalty arises, the Supplier Development Manager shall issue a Non-

compliance Penalty Certificate on the last day of each month during such Non-compliance

indicating the Non-compliance Penalties which have accrued during that period.

g) A Non-compliance Penalty Certificate shall be prima facie proof of the matters to which it

relates. If the Supplier disputes any of the amounts set out in a Non-compliance Penalty

Certificate:

the dispute shall be resolved in accordance with the provisions of the Agreement; and

if pursuant to that referral, it is determined that the Supplier owes any amount to Transnet

pursuant to the Non-compliance Penalty Certificate, then the Supplier shall pay such amount

to Transnet within 10 (ten) Business Days of the determination made pursuant to such

determination and an accompanying valid Tax Invoice.

Payment of Non-compliance Penalties:

h) Subject to Clause (g) above, the Supplier shall pay the Non-compliance Penalty indicated in the

Non-compliance Penalty Certificate within 10 (ten) Business Days of Transnet issuing a valid

Tax Invoice to the Supplier for the amount set out in that certificate. If Transnet does not issue

a valid Tax Invoice to the Supplier for Non-compliance Penalties accrued during any relevant

period, those Non-compliance Penalties shall be carried forward to the next period.

i) The Supplier shall pay the amount due within 10 (ten) days after receipt of a valid Tax Invoice

from Transnet, failing which Transnet shall, without prejudice to any other rights of Transnet

under this Agreement, be entitled to call for payment which may be in any form Transnet deems

reasonable and/or appropriate.

j) Should the Supplier fail to pay any Non-Compliance Penalties within the time indicated above

(as applicable), Transnet shall be entitled to deduct (set off) the amount not paid by the Supplier

from the account of the Supplier in the ensuing month.

SIGNED at ___________________________ on this _____ day of _______________20___

_____________________________ ___________________________

SIGNATURE OF WITNESS SIGNATURE OF RESPONDENT



Doc number: 1927506-S001-ENQ-001-Rev0

Part T2: Returnable Schedules Page 1 of 2 T2.2-05: Evaluation Schedule: Programme

T2.2-05: Evaluation Schedule: Programme

Note to tenderers:

Programme

The tender must provide a programme which provides the detail that would indicate the order and timing of

activities to carry out the services in terms of the Employer’s requirements and within the stipulated timeframes.

The Tenderer shall produce a level 3 schedule according to the Employer’s objectives.

Tenderers are required to provide their proposed Programme in an electronic (soft copy) and PDF formats

when submitting their tender. The schedule should show Starting, Completion and Sectional Completion

listed in contract data Part one.

Data provided by the Employer" and are logically linked to activities in the schedule and to be driven by

activities. All activities to be logically tied using a clearly defined critical path method (CPM).

All activity durations to be realistic and based on quantities and activities that can be measured in days.

The calendar on the schedule should represent the actual work week/month used. e.g. weekends as non-

working periods.

The Tenderers are required to develop a minimum of a Level 3 Programme and it must be submitted

together with tender submission in an electronically and a hard copy formats. The programme should be

in a Primavera P6 Version 8.2 or Ms Projects.

Against each activity or grouping of activities (i.e. by Construction Work Package) the Tenderer indicates

its "time risk allowances" and float shown. The Time Risk Allowances must be clearly defined and basis

that were applied in calculating these durations. These allowances are owned by the Tenderer.

The Tenderer to submit a CV for the Planner no longer than two pages. Tenderers to submit qualifications

with CV's and all qualifications must be certified by a Commissioner of Oaths.

The Tenderer to submit a schedule narrative which explains the schedule development, exclusions and

assumptions applied on the schedule. This should include the bases used on production rates applied on

the schedule.




Part T2: Returnable Schedules Page 2 of 2 T2.2-05: Evaluation Schedule: Programme

The scoring of the Programme will be as follows:

0 No Response - No Information provided

20

Detrimental Response - The programme is not acceptable as it will not satisfy project

objectives or requirements. The Tenderer has misunderstood the scope of services and does

not deal with the critical aspects of the project. Tenderer’s Planner generally has less than

one (1) year experience on a similar sized project.

40

Less Than Acceptable Response - The Tenderer’s response does not address all of

requirements of the stipulated criteria with no supportive information on how the durations

were estimated. The sequencing of the key project deliverables is inconsistent and illogical

interrelationships of activities with an insufficient breakdown of tasks/activities. Tenderer’s

Planner generally has ≥ one (1) year experience on a similar sized project but less than 3

years.

60

Acceptable response - The schedule is complete and detailed (representing all disciplines

involved) but the Tenderer’s response meets only the minimum requirements of the

stipulated criteria (Level 3) with sparse supportive information/details how the durations

were estimated however evidence is given that the project requirements, timing and

deliverables will be met. Tenderer’s Planner generally has ≥ four (4) years’ experience on a

similar sized project but less than 6 years.

80

Above acceptable response - The Tenderer’s response exceeds “acceptable response’’

meets all the requirements of the stipulated criteria with supportive information clearly

indicating and defining the deliverables, detailed major milestones and the schedule is

sufficiently flexible to accommodate changes that may occur. Activities are broken down into

Level 4 detail and additional supporting narrative is provided. Tenderer’s Planner generally

has ≥ six (6) years’ experience on a similar sized project but less than 10 years.

100

Excellent response - The Tenderer’s response exceeds “above acceptable’’, showing

important issues and risks are approached in an innovative and effective way, also includes

all of the NEC3 PSC Time related requirements. The schedule indicates that the Tenderer

has outstanding knowledge of state-of-the-art approaches. Tenderer’s Planner generally has

≥ ten (10) years’ experience on a similar sized project.

Tenderer Signature

Date



Page 1 of 2

T2.2-08: Evaluation Schedule - Approach Paper

The Tenderers must sufficiently demonstrate the approach/methodology that he/she will employ to

cover the scope of the project in an approach paper.

Demonstrates a professional and thorough approach to performing the Scope review and validation exercise with

specific focus on:

Rail Capacity Study

Traffic Study

Truck Staging Area

Specialist long quay pavement study.

Generation of the optimized expansion scope

Ability to demonstrate capacity of organisational chart including the ability to supplement internal resources to

service a large scale project.

Outline the methodology for the study (including a constructability review – impact of construction on operations

etc), systems and processes used to achieve the required project outcomes, frequency of engagements, project

interfacing & documentation quality control

Index of documentation attached to this schedule:

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

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

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

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

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

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



Page 2 of 2

Score

0 The Tenderer has submitted no information or inadequate information to determine a score.

20 The approach paper is not acceptable as it will not satisfy project objectives or requirements. The tenderer has misunderstood the scope of work and does not deal with the critical aspects of the

project.

40 The technical approach and / or methodology is poor, not realistic and practical and is therefore unlikely to satisfy project objectives or requirements. The tenderer has misunderstood certain aspects

of the scope of work and does not deal with the critical aspects of the project.

60 The approach is generic and not tailored to address the specific project objectives and requirements. The approach does not adequately deal with the critical characteristics of the project. The approach

to managing risk is too generic.

80 The approach is specifically tailored to address the specific project objectives and methodology and

is sufficiently flexible to accommodate changes that may occur during execution. The approach to

managing risk etc. is specifically tailored to the critical characteristics of the project.

100 Besides meeting the “80” rating, the important issues are approached in an innovative and efficient

way, indicating that the tenderer has outstanding knowledge of state-of-the- art approaches.

The approach paper details ways to improve the project outcomes and the quality of the outputs.

Signed

Date

Name Position

Tenderer

TRANSNET GROUP CAPITAL TENDER NUMBER: 1927506-S001 DESCRIPTION OF THE SERVICES: ENGINEERING AND CONSTRUCTION ENGINEERING SERVICES FOR CAPE TOWN CONTAINER TERMINAL PHASE



Page 1 of 1 T2.2-09: Insurance provided by the Consultant

T2.2-09: Insurance provided by the Consultant

Clause 81.1 in NEC3 Professional Services Contract (June 2005)(amended June 2006 and April 2013) requires that

the Consultant provides the insurance stated in the insurance table except any insurance which the Employer is to

provide as stated in the Contract Data.

Please provide the following details for insurance which the Consultant is still to provide. Notwithstanding this

information all costs related to insurance are deemed included in the tenderer’s rates and prices.

Insurance against

(See clause 81.1 of the PSC)

Minimum amount stated in the Contract Data & Name of Insurance Company

Cover Premium

Liability of the Consultant for claims made against him arising out of his failure to use the skill and dare normally used by professionals providing services similar to the services

The amount stated in the Contract Data

Liability for death of or bodily injury to a person (not an employee of the Consultant) or loss of or damage to property resulting from an action or failure to take action by the Consultant

The amount stated in the Contract Data for any one event

Liability for death of or bodily injury to employees of the Consultant arising out of and in the course of their employment in connection with this contract

The greater of the amount required by the applicable law and the amount stated in the Contract Data for any one event

(Other)

Signed Date

Name Position

Tenderer

Transnet

Procedure Manual

Contract Works / Contractors Public Liability /

Professional Indemnity

Principal Controlled Insurance 2018/2019

2

Table of Contents

Introduction 3

Philosophy of the programme 3

Insurance Responsibilities 4

Summary of Cover 8

General 8

Contract Works Insurance 14

Contractors Public Liability Insurance 21

Professional Indemnity Insurance 25

Administrative Procedures 27

Important Considerations 31

Claims Procedure 32

Willis Towers Watson Personnel 34

Annexure 1 – Transnet Principal Controlled Construction Insurance Programme Contract Award Declaration 35

Annexure 2 – Incident Advice Form 39

3

Introduction Transnet Limited insures all Projects / Contracts on a Principal Controlled Insurance Programme

basis (including the Assembly and/or Erection of Plant and Machinery) in respect of Contract Works,

Contractor’s Public Liability and Project Professional Indemnity (“PCI Insurance”) and cover extends

to Contractors and/or Consultants to the extent that Transnet contractually undertakes to arrange

such insurance for their benefit.

The programme is designed to effectively manage insurable construction risks.

Benefits of the PCI Insurance programme

Transnet SOC Limited and its Operating Divisions wish to control the risk exposures in this

regard.

Transnet SOC Limited, as a large organization, bulk-buys - resulting in preferential rates and

comprehensive cover.

Eliminates potential problems which usually occur when individual Contractors are responsible to

arrange separate insurance.

Includes the Contractor and/or Subcontractors and/or Consultants as insured parties where

Transnet contractually undertake to arrange cover on their behalf.

It is therefore important that Tender and finalised Contract documents reflect the fact that

Transnet as the Principal/Employer arranges certain covers which incorporates cover on behalf

of Contractor’s and / or Subcontractor’s and/or Consultants.

The arrangement of PCI Insurance by Transnet does not relieve the contracting parties of their

contractual obligations such as care of the works and liabilities to third parties.

4

PCI Insurance

1. Cover arranged by Transnet as the Principal/Employer

1.1 Insurance Cover Applicable to All Contracts other than Excluded Contracts

1.1.1 Contract Works

Cover

Covering physical loss or damage to the works,

temporary works and materials for incorporation into

the works whilst in transit, temporary storage and

whilst in the course of erection at the contract site

within the Republic of South Africa.

1.1.2 Contractors Public

Liability Cover

Covering legal liability for damage to third party

property and/or injury to or death of third party

persons arising out of or in connection with the

performance of the works on the contract site or

sites designated for purposes of the performance of

the contract.

1.1.3

1.1.4

Professional

Indemnity

Riot /

Strike/Terrorism

Cover (Contract

Works)

Covering legal liability as a result of neglect, error or

omission of the insured in the execution of their

professional activities.

Provided by SASRIA (South African Special Risks Insurance Association) in respect of risks within the Republic of South Africa.

1.2 Additional Insurances (Optional)

1.2.1 Marine Transit

Cover

Covering imports until delivered and checked on site

1.2.2 Removal of Lateral

Support

Covering legal liability incurred as result removal of

or weakening of or interference with support to land

or property or buildings adjacent to, on or in the

vicinity of the Contract site.

The above information (including limits of insurance purchased) should be clearly spelt out in Tender and

finalised Contract documentation including the deductible(s) which are applicable and the fact that

Contractor’s and/or Subcontractor’s and/or Consultants are responsible for the payment of such

deductible(s).

5

2. Insured Contracts/Works

At award:

not to exceed the Maximum Contract Values specified below including the value of

any “free issue” material supplied by Transnet;

contract period not to exceed 48-months but increasing to 60 months in respect of rail

maintenance projects (excluding Defects Liability/Maintenance period); and

Maximum Contract

Value (VAT exclusive)

1 Civil Contracts; Building Contracts; Rail Projects; Electrical

and Mechanical Contracts and Pipelines as defined

hereafter:

“Civil Contracts”, where the greater proportion of the works

involves earthworks, the construction of bridges, and the

like but excluding works involving building, electrical and

mechanical/plant projects;

“Building Contracts”, which term shall include warehouses,

offices and other structures, including alterations and

additions thereto to house people property or other goods;

“Rail Projects” which term refers to greenfield new rail lines,

including associated mechanical, electrical and signaling

works;

“Electrical and Mechanical Contracts” meaning rail

engineering, signaling, maintenance, upkeep, repairs,

alterations, additions, retrofitting, erection and other

associated works including locomotives and other rolling

stock.

R1,000,000,000

2 “Wet Risk Contracts” meaning any Contract and/or Works

where more than thirty-five (35) percentile of its value is in

a permanent body of water or is below the high water mark

of any tidal body of water. The term shall include contracts

for the construction of wharves, piers, marinas, causeways,

breakwaters, jetties, dry docks and offshore pipelines when

connected directly to on- shore facilities and canal

developments.

Wet Risks shall exclude “Off-Shore Contracts” meaning all

works and installations in the sea or on the seabed

including dredging which are accessible only by ship boat

barge or helicopter and do not constitute normal wet works

like harbours moles bridges wharves or sewage or cooling

water intake or outlet facilities. “Off- Shore Contracts” shall

include oilrigs and oil platforms (but not including oil

platforms when connected to the land on completion). The

term shall not apply to pre- fabrication works on land

associated with an Off-Shore Contract.

R500,000,000

6

3 “Tunnels” (excluding Tunnels involving the use of Tunnel

Boring Machines).

“Tunnels” means Tunnels (including declines) involving all

of the following:

a. Works below ground level; and

b. tunneling machinery below ground level; and

c. a tunneling crew operating the machinery below

ground level;

d. but shall not include Horizontal Directional

Drilling Contracts.

R50,000,000

4 “Horizontal Directional Drilling Contracts” meaning micro-

tunneling work for the construction of tunnels utilising

surface based horizontal directional drilling equipment

excluding contracts where total drilling exceeds 1 km

and/or pipe diameters are greater than 76 cm.

R50,000,000

It is understood and agreed that in the event of a Contract and/or Works comprising more than one Contract Type, the Contract Type shall be deemed that which reflects the greatest overall cost percentage (as described above).

3. Uninsured/Excluded Contracts

Dam Contracts which term shall include weirs and hydroelectric projects involving the construction of dams or weirs;

Offshore Contracts meaning all works and installations in the sea or on the seabed including dredging which are accessible only by ship boat barge or helicopter including oilrigs and oil platforms (but not including oil platforms when connected to the land on completion);

Underground mining contracts;

Tunnels Contracts involving the use of Tunnel Boring Machines;

Horizontal Directional Drilling Contracts excluding contracts where total drilling exceeds 1 km and/or pipe diameters are greater than 76 cm;

involving construction or erection of petrochemical manufacturing plant(s) but this exclusion shall not apply to pipelines and other associated works undertaken by or on behalf of the Insured;

in or on any aircraft; and

All other Contracts/Works not described under Insured Contracts above.

7

Summary of Cover

General

The Insured Parties

Transnet SOC Limited and / or its Affiliated / Subsidiary / Associated Companies as Principal or

Employer.

All Contractors undertaking work for or on behalf of the Principal in execution of the Contract.

All Subcontractors employed by the Contractor and all other Subcontractor’s (whether nominated

or otherwise) engaged in execution of the Contract.

To the extent required by any Contract or Agreement suppliers manufacturers vendors or other

persons engaged on the contract sites but only to the extent of loss damage or liability originating

at the Contract Site (other than while the Property Insured is in transit) arising out of the

performance of their Contract Site obligations.

Contract Site

Any location upon which the Insured Contract(s) is to be executed or carried out as more fully defined

in the Insured Contract(s) documents together with so much of the surrounding area as may be

designated for the performance of the Insured Contract(s) within the Territorial Limits.

Territorial Limits

The Republic of South Africa

NB If Contracts are to take place in any territories outside of South Africa, Willis Towers

Watson needs to be advised of the same at feasibility stage.

8

Cover Limitations / Warranties

Unsealed / Unprimed Base Course

Unsealed / unprimed base course – cover limited to a maximum of 5,000 metres.

Open Trench

Open trench – cover limited to a maximum indemnity of 5,000 metres

It is essential that the above limitations are brought to the attention of Contractor’s. Where this

restriction is not practical, specific arrangements for cover can be made with Underwriters.

They will, however, require detailed underwriting information and an additional premium may be

charged.

Laid Pipes

Pipes with a diameter not exceeding 500mm are to be end capped on the termination of each

days work to avoid ingress of mud silt water debris detritus and the like.

Pipes with a diameter exceeding 500mm are to be capped on the termination of each days work

with steel mesh to allow ingress of water to avoid floatation but avoiding ingress of large debris or

detritus.

NB If above is not conformed with cover is forfeited.

Rail Track Re-Profiling

The maximum speed of any grinding unit shall not exceed 11.00km per hour.

All Guards, Curtains, Spark Deflectors are to be in place and correctly positioned prior to the

commencement of each grind.

Maximum grinding distance in any one execution shall not exceed 10,000 metres.

Any changes in prevailing weather conditions must be recorded and appropriate remedial action

taken.

The Insured Parties are to comply with all Fire Fighting requirements as set out in the Project

Specification For Track Maintenance With An On Track Grinding / Profiling Machine and any

amendments / deviations to this Project Specification are to be advised to the Insurer prior to work

being undertaken.

NB If above is not adhered to cover is forfeited.

It is essential that the above Warranties are brought to the attention of Contractor’s.

Used Plant – Basis of Loss Settlement

Insured property which has operated under service conditions prior to attachment of cover:

Up to 5 years: cost of repair / reinstatement / replacement.

In excess of 5 years: agreed value (calculated on basis of each life year (or part thereof) on

present day New Replacement Value reduced proportionally over 20

years subject to residual of 20%).

9

Special Conditions Concerning the Construction of “Wet Risks”:

Insurers shall not indemnify the Insured in respect of the expenses incurred for:

a) loss or damage to berths, wharves, jetties and the like caused by their subsidence or sinking.

However this exclusion shall apply only to those works which have been incorrectly executed.

The burden of proof to show that said works have been correctly executed shall be on the

Insured;

b) normal action of the river / sea;

c) loss of or damage to more than 400m of uncompleted or unprotected seawall, quay or other

marine structure;

d) loss damage or liability due to soil erosion, dredging or re-dredging unless necessary

to reinstate indemnifiable loss or damage;

e) lost or damaged fill material;

f) replacing or rectifying piles or retaining wall elements;

i. which have become misplaced or misaligned or jammed during their construction;

ii. which are lost or abandoned or damaged during driving or extraction;

iii. which have become obstructed by jammed or damaged piling equipment or casings.

g) rectifying disconnected or de-clutched sheet piles;

h) any leakage or infiltration of material of any kind;

i) as a result of piles or foundation elements having failed to pass a load bearing test or otherwise

not having reached their designed load bearing capacity;

j) for reinstating profiles or dimensions unless necessary to reinstate indemnifiable loss or

damage;

k) loss or damage to any floating and other equipment such as caissons, barges and the like and

liabilities therefrom;

l) any mobilisation / demobilisation and / or other costs which arise for standby / waiting on

weather or offshore construction equipment, except costs exceeding R2,500,000 which arise

following physical loss or damage to insured works;

m) loss or damage to pulling wires, anchors, chains and buoys;

n) loss or damage due to impact of shipping unless the Insured cannot obtain an admission of

liability from the insurer of the ship owners or identify the responsible vessel, in which case this

policy will be obligated to indemnify the Insured;

o) marine liability.

Definitions:

Normal action of the sea means the state of the sea, which manifests itself up to No. 8 on the

Beaufort scale, or the state of the tides, current and wave action of the sea, which must be statistically

expected to occur once during a 10 year period, whichever is the more onerous.

10

Warranties:

The insured shall where practical:-

a) receive daily weather updates from the local meteorological office during the period of

insurance and make continuous contact to the local meteorological office within 12 hours’

notice of an imminent storm; and

b) make navigation distance for public traffic to work site minimum 200m.

Special conditions concerning piling works:

The Insurers shall not indemnify the Insured in respect of expenses incurred:

a) for replacing or rectifying piles or retaining wall elements

i. which have become misplaced or misaligned or jammed during their construction,

ii. which are lost or abandoned or damaged during driving or extraction, or

iii. which have become obstructed by jammed or damaged piling equipment or casings,

b) for rectifying disconnected or declutched sheet piles,

c) for rectifying any leakage or infiltration of material of any kind,

d) for filling voids or for replacing lost bentonite,

e) as a result of any piles or foundation elements having failed to pass a load bearing test or

otherwise not having reached their designed load bearing capacity,

f) for reinstating profiles or dimensions unless necessary to reinstate indemnifiable loss or

damage

The above shall not apply to loss or damage caused by natural hazards.

Serial Losses in respect of Locomotives and Rolling Stock:

If the development of a defect in any electrical or mechanical plant manufactured by or for the Insured

for Locomotives or Rolling Stock shall indicate or suggest that a similar defect exists in any other item

of such plant insured under this policy the Insurers reserve the right to suspend the insurance in

respect of loss or damage due to or arising out of the said defect unless the Insured shall forthwith

investigate and if necessary rectify as soon as is reasonably practical the defect in such property at

his own expense.

Claims Reporting

All incidents that could give rise to claim under the Principal Controlled Insurances, have to be

reported to the Broker / Insurer within a 30 (Thirty) day period.

Failing this, claims will not be entertained.

It is essential that the above Condition is brought to the attention of Contractors in Tender/ Contract Documents.

11

Engagement of Nominated Loss Adjusters

Willis is authorised to appoint a Nominated Loss Adjuster to investigate and quantify losses that are

potentially indemnifiable under this Policy.

Nominated Loss Adjusters:

Specialist Adjusters cc

Cunningham & Lindsey

Crawford International

R.W. McDowell & Associates.

12

Contract Works Insurance

Synopsis of Cover

The insurers will indemnify the Insured against physical loss of or damage to any part of the Property

Insured:

a) during dismantling of property in connection with The Insured Contract ;

b) whilst in transit, including loading and unloading, or whilst temporarily stored at any premises

en route to or from the Contract Site within the Territorial Limits;

c) during the preparation of the Contract Site and thereafter until the Property Insured has been

officially accepted by the Employer and becomes his responsibility by means of a notice of

completion certificate or similar evidence of legal transfer of risk in the whole of the permanent

Works under The Insured Contract to the Employer;

d) where Performance Testing and Commissioning of Property Insured is conducted by the

Insured “completion” for purposes of this insurance shall be deemed to occur only after

successful completion of all Performance Testing and Commissioning of the whole of the

permanent Works under The Insured Contract ;

e) where the permanent property insurance arranged by the Insured indemnifies the Insured for

completed portions of the Property Insured prior to completion of the whole of the permanent

Works under The Insured Contract , this insurance in respect of such completed portions of the

Property Insured shall cease except as provided in (g) below;

f) work uncompleted or outstanding in terms of any certificate of completion, certificate of

handover or similar document shall continue to be insured until its completion and the inception

of The Insured Contract documents’ defects liability or maintenance period (as may be

described in The Contract documents) for such uncompleted or outstanding work whereafter

the provisions of (g) below shall apply in respect of such completed work;

g) during The Insured Contract documents’ defects liability or maintenance period (as may be

described in The Contract documents) but not exceeding 24(twenty four) months but only in

respect of loss or damage arising from:

i. a cause occurring prior to commencement of such period of defects liability or

maintenance period

ii. any act or omission of the Insured their Servants, Agents, Suppliers or Sub- contractors

in pursuance of the Insured’s obligation

for which the Insured is responsible under The Contract documents.

Where The Insured Contract does not set out specific defects liability or maintenance provisions the

above shall apply in like manner provided that such deemed period does not exceed a maximum of

24(twenty four) months deemed defects liability or maintenance period

13

Limits of indemnity

The sum insured for the Indemnity in respect of any one occurrence or series of occurrences attributable

to one original cause shall not exceed the estimated project value for which the Insured is responsible. It

is however agreed that the Sum Insured shall be increased in respect of:

a) contract escalation in the event of an increase in The Insured Contract value or value of work

during the period of The Insured Contract , by an amount equal to 30%(thirty percentile) of the

Sum Insured;

b) post loss escalation in the event of the indemnity to be provided hereunder exceeding the

estimated project value plus contract escalation, by an amount equal to 30%(thirty percentile)

of the Sum Insured;

c) devaluation in the event of devaluation of the Policy currency exchange against the country of

origin occurring after commencement of The Insured Contract , by an amount equal to

30%(thirty percentile) of the estimated project value; plus

d) any other separate limits and additional cover by way of extensions as provided for by the

Policy.

Memoranda Applicable to Contract Works

1. Removal of Debris R15,000,000 2. Removal of Debris (no damage) R15,000,000 3. Surrounding Property Extension R55,000,000 4. Surrounding Property – Worked Upon R55,000,000 5. Surrounding Property – Watercraft R55,000,000 6. Work Away Included 7. Offsite Storage Limit Included 8. Beneficial Occupation Included 9. Fire Brigade / Public Authorities R7,500,000 10. Apportionment of damage clause 50 / 50 (Marine Cargo) 11. Automatic Reinstatement Included 12. Property Taken Over Included 13. Temporary Repairs Included 14. Manufacturers Guarantees Included 15. Removal to Gain access R7,500,000 16. Removal to Place of Safety Included 17. Public Authorities Reinstatement R7,500,000 18. Road Reserve and Servitude Indemnity R7,500,000 19. Search and Locate Costs R7,500,000 20. Documentation R2,000,000 21. Used Plant – Basis Of Loss Settlement Included 22. Open Trench Works 5,000m 23. Unsealed / Unprimed Base Course 5,000m 24. Borrowing of Plant for Commissioning Purposes R7,500,000 25. Claims Preparation Costs R10,000,000

14

Deductibles

The deductible (excess) is the amount which the Contractor and/or Sub-Contractor is responsible

for and this obligation must be reflected in the Tender and/or Contract Documents and the

responsibility for same made clear.

The deductibles apply to each and every occurrence and in respect of all Contracts.

In respect of loss or damage:

Contracts up to *Major Perils Minor Perils

0 to R100,000,000 R25,000 R15,000

R100 000 001 to R250 000 000 R50,000 R15,000

R250 000 001 to R500 000 000 R100,000 R25,000

R500 000 001 to R1 000 000 000 R150,000 R25,000

Wet Risk deductible of R100,000 per occurrence to apply

* Major Perils shall mean damage caused by storm, rain, tempest, wind, flood, theft, malicious damage, subsidence, collapse, earthquake, testing or commissioning and the consequences of defective design, specification, materials or workmanship (DE4).

LEG 3 Deductible (Only in respect of Mechanical and Electrical contracts)

Contracts up to Deductible

0 to R500 000 000 R1,000,000 per occurrence

R500 000 001 to R1 000 000 000 R1,500,000 per occurrence

All Contracts Entailing Trenching and / or Layer Works

The following additional Deductibles apply over and above the aforementioned deductibles: - i.e. in

excess of 1,000 metres

Up to a maximum of 3,000metres 20% of loss / minimum R50,000 Up to a maximum of 5,000metres 20% of loss / minimum R100,000

It is essential that this is brought to the attention of Contractor’s. Where this restriction is not

practical, specific arrangements for cover can be made with underwriters. They will, however,

require detailed underwriting information and an additional premium may be charged.

Property Insured

The actual Contract Works and all material intended for incorporation into the Works (including

Free Issue Material the value of which has to be included in the Contract Value declared) and

Temporary Works.

NB Temporary works does not include mobile plant, or works intended to be removed from

the Contract Site on completion of the Contract (other than scaffolding shuttering and

formwork or construction equipment specifically designed and / or constructed from the

Insured Contract and which is not intended for immediate re-use on another contract) or

have no residual value at completion of the Contract (other than scrap value).

15

Main Exceptions

The amount of the policy deductible.

Loss or damage of money or the like.

Aircraft, waterborne vessels or craft.

Construction plant, tools or equipment.

Losses by disappearance / shortage discovered by taking of routine inventory.

Cost of re-design, improvement, betterment or alteration.

Consequential loss.

Liquidated damages or penalties for delay in connection with guarantee or performance or

efficiency

Air transit (unless in territorial limits).

Ocean transit or whilst in storage thereafter (unless immediately inspected by an independent

party after offloading from vessel).

During the Contractual Defects Liability or Maintenance Period (as may be described in the

Insured Contract) pertaining to any part of the permanent works other than loss or damage

arising from:

i) a cause occurring prior to commencement of such period of maintenance or defects

liability period

ii) any act or omission of the Insured his Servants or Agents, in the course of the work carried

out in pursuance of the Insured’s obligations with regard to maintenance under the

Contract.

Wear, tear, gradual deterioration rust, corrosion or oxidation and normal up-keep.

Electrical or mechanical breakdown or explosion to machinery or plant which has operated under

load conditions prior to commencement of the Insured Contract or which has occurred after the

120-day Testing / Commissioning Period specified in the Policy.

Damage to any property insured due to ingress of mud, silt, water, debris unless pipe ends have

been sealed on termination of each day’s work by means of end caps as prescribed in the

policy.

Damage to any unsealed / unprimed or base course in excess of limitations as stated in the

policy.

Damage to any open trench in excess of the limitations as stated in the policy.

War, asbestos and nuclear risks.

Sinking (whether partial or in whole) of any watercraft arising out of or in consequence of any

work undertaken below the load line ( international load line / plimsoll line).

16

DE4 (All types of Works)

a) loss or damage due to defective material workmanship design plan or specification. This

exception shall be limited to that part which is the immediate cause of such loss or damage

and shall not extend to any other Property Insured;

b) the costs of re-design, improvement or alteration on the occasion of repair, replacement or

reinstatement of the loss or damage; or

LEG 3 (Mechanical or Electrical Engineering Works only)

all costs rendered necessary by defects of material workmanship, design, plan, or specification

and should damage (which for the purposes of this exclusion shall include any patent detrimental

change in the physical condition of the Insured Property) occur to any portion of the Insured

Property containing any of the said defects the cost of replacement or rectification which is hereby

excluded is that cost incurred to improve the original material workmanship design plan or

specification; provided that the liability of the Insurer shall not exceed 15% of the total estimated

contract value each and every occurrence and in the aggregate;

The Insured at their own option may elect to submit a claim applying the DE4 Defects Exception for

Mechanical or Electrical Engineering Works only rather than the LEG3 Defects Exception.

17

Contractors Public Liability Insurance

Synopsis of Cover

Legal Liability to pay third parties compensation for and in consequence of:

Death of or injury to or illness or disease contracted by any person.

Loss of / or physical damage to tangible property.

occurring during the period of insurance and arising out of or in connection with the performance of

the Insured Contract(s).

Insured Contracts

All Contracts undertaken but excluding project works:-

a) which at award stage have a value in excess of R1,000,000,000 (VAT exclusive);

b) with an estimated period exceeding 48 months but increasing to 60 months in respect of rail maintenance projects (excluding Defects Liability/Maintenance period);

c) involving construction or erection of petrochemical manufacturing plant(s) but this exclusion shall not apply to pipelines and other associated works undertaken by or on behalf of the Insured;

d) in or on any aircraft; and

e) being Off-shore contracts

“Off-shore contracts” means all works and installations in the sea or on the seabed and do not constitute normal wet risk contracts like harbours, moles, bridges, wharves or sewage or cooling water intake or outlet facilities, piers, marinas, causeways, breakwaters, jetties, dry docks and offshore pipelines when connected directly to on-shore facilities and canal developments. “Off-shore contracts” shall include oilrigs and oil platforms (but not including oil platforms when connected to the land on completion).

Limits of Indemnity

Contractors Public Liability R500,000,000 any one occurrence

Removal of Support

R100,000,000 any one occurrence

Statutory Legal Defence Costs


Arrest / Assault / Defamation


Emergency Medical Expenses


Prevention of Access


Trespass / Nuisance


Claims Preparation Costs


18

Deductibles

The deductible (excess) is the amount which the Contractor and/or Sub-Contractor is responsible

for and this obligation must be reflected in the Tender and/or Contract Documents and the

responsibility for same made clear.

The deductibles apply to each and every occurrence and in respect of all Contracts.

The deductibles are:

Insuring Clauses/Extensions Each & Every Claim

General & tenants liability

R25,000

Contractors liability

R25,000

Contractual liability

R25,000

Removal of support (property developers)

R50,000

Spread of fire

R250,000

Sudden & accidental

R250,000

Goods on the hook

R250,000

Contingent Plant hired in Liability

R50,000

Extensions

Emergency Medical Expenses

R25,000

Arrest / Assault / Defamation

R25,000

Statutory Legal Defence Costs

R25,000

Prevention of access

R25,000

Claims Preparation Costs

Included

19

Main Exceptions

The amount of the policy deductible;

Death or injury to own employees;

Motor vehicle liabilities under legislation or as defined in Multi-lateral Motor Vehicles

Accident Fund No. 93 of 1989 as amended;

Arising out of the ownership, hire leasing or operation of any airport, airstrip or helicopter pad;

Property belonging to the Insured or in his care custody and control;

Property forming part of Contract Works;

Fines, penalties, punitive and exemplary damages;

Rectification of the works arising out of design, formula, specification, supervision, treatment or

advice given for a fee;

Gradual pollution and contamination;

Ownership hiring or leasing of any aircraft, watercraft or hovercraft;

War, terrorism, asbestos and nuclear risks; and

Professional Indemnity.

20

Project Professional Indemnity Insurance

Synopsis of Cover

The Professional Indemnity Insurance policy will provide protection against breach of duty owed in a professional capacity involving liability arising by reason of error, omission or professional negligence in the design and supervision of the construction works and shall extend to include coverage for defects due to professional negligence discovered prior to handover.

Insured Contracts

All Contracts undertaken but excluding project works;

a) which at award stage have a value in excess of R 1,000,000,000 (VAT exclusive);

b) with an estimated period exceeding 48 months but increasing to 60 months in respect of rail maintenance projects (excluding Defects Liability/Maintenance period);

d) involving construction or erection of petrochemical manufacturing plant(s) but this exclusion shall not apply to pipelines and other associated works undertaken by or on behalf of the Insured;

e) in or on any aircraft; and

f) being Off-shore contracts

“Off-shore contracts” means all works and installations in the sea or on the seabed and do not constitute normal Wet Risk Contracts like harbours, moles, bridges, wharves or sewage or cooling water intake or outlet facilities, piers, marinas, causeways, breakwaters, jetties, dry docks and offshore pipelines when connected directly to on-shore facilities and canal developments. "Off-Shore contracts" shall include oilrigs and oil platforms (but not including oil platforms when connected to the land on completion).

Limit of Indemnity

R100, 000,000 each and every claim but R500,000,000 in the aggregate including Underwriter’s Costs and Expenses.

Retro-active Dates

1 July 1995 Transnet Limited

16 January 2006 HMG Joint Venture

1 April 2008 Limit of Indemnity R200,000,000 per occurrence but R400,000,000 in the aggregate

1 April 2010 Deductible R1,000,000 (R300,000 prior to 1 April 2010)

1 April 2014 Deductible R2,000,000

Deductibles

21

The Deductible (excess) is the amount which the Contractor and/or Sub-Contractor and/or

Professional (i.e. Consulting Engineer, Architects and Other Professionals) are responsible and this

obligation must be reflected in the Tender and/or Contract Documents and the responsibility for

same made clear.

The deductible applicable to each and every occurrence and is R2, 000,000.

Main Exceptions

No Indemnity is granted for liability:

Arising out of environmental impairment or pollution;

Arising out of the disregarding of the need to take reasonable precautions to prevent any

event or circumstance which may give rise to a claim;

Arising from war, terrorism, civil commotion or in preventing or suppressing the same;

Arising from nuclear weapons material, fuel or waste;

For fines, penalties, punitive and exemplary damages,

For any amounts falling within the deductible;

Arising from the hazardous nature of asbestos;

Arising from dishonesty, fraud, malicious or illegal act or omission;

For medical malpractice or directors and officers liability;

Arising out of the failure by the Insured to meet Completion Date unless caused by a negligent act

or omission; Arising out of the estimation of probable costs other cost advice and cost planning services

normally provided by a Quantity Surveyor or Project Manager; Arising out of incorrect authorization of payment certificates unless it arose from a negligent act or

omission; Due to or in connection with deliberate breach of any statutory regulation; Arising from the insolvency, liquidation or judicial management of the insured; Arising from the certification of value of work executed by any contractor where the insured has an

equity interest in such Contractor; Arising from the procurement of any guarantee or suretyship in respect of any contract of supply; Arising out of employment, service or apprenticeship. For any amount for which the insured is indemnified under the Contact Works policy arranged for

the Insured Contact.

22

Administrative Procedures

Contracts/Projects which fall outside of the PCI Programme

As a reminder, projects which are Uninsured/Excluded must be declared by the Operating Divisions

prior to the commencement of each such contract by:

Completing the Declaration Form per Part A as per Annexure 1 herein. Date and sign

the Declaration Form.

Submitting the Declaration Form to Willis Towers Watson

In addition, if the Declaration is being submitted after the commencement date, a separate letter

is required stating that, after specific enquiry, the Insured is not aware of any incidents which

may give rise to claim/s under this policy. (No Known Incidents declaration).

Important Considerations

Cognizance must be taken of the following important considerations:-

For contracts involving assembly or erection of plant and machinery or repairs maintenance or

overhaul thereto, THE FULL NEW REPLACEMENT VALUE OF THE PLANT/MACHINERY

involved must be declared AND NOT ONLY THE CONTRACT VALUE, for example:

– Cranes (repairs or final assembly)

– Machinery being moved

– Maintenance or new works on existing Portnet Vessels whilst moored or in dry dock.

Contract value must include the replacement value of any Free Issue Material provided.

Claims Procedure

In the event of any incident or occurrence, which is likely, to give rise to a claim under the Insurance

arranged by the Principal the following procedures shall be adhered to in addition to any statutory or

other requirements contained in the Contract.

IMMEDIATELY advise Willis Towers Watson, Krinash Naidoo by completing the Incident Advice Form (Annexure 2 herein) and submitting it to them

Losses involving theft or malicious damage must be reported to the police and a police

reference number obtained and recorded.

The Employer, Contactor(s) or Sub-Contractor(s) shall allow free access to Insurers’ Loss

Adjuster(s) and / or Employer’s Insurance Broker for the purpose of investigation and assessing

the loss or damage.

The Employer, Contractor(s) shall not deal direct with the Insurers other than by co-operating with

their Loss Adjuster(s) and / or the Employers Insurance Broker.

No Admission of Liability shall be made by the Employer, Contractor(s) or Sub-Contractor(s) in

the event of damage, loss or injury to third party property or persons.

23

Letters of demand or summonses from claimants should be forwarded to Willis Towers Watson

immediately upon receipt.

In the event of immediate repairs being necessary in the interest of safety, the Contractors may

with the Employer’s permission proceed with such repairs.

Other than in the circumstances described above the Contractor shall not proceed with the

making good of any loss without the prior authorization of the Employer who shall advise the

Insurer’s appointed Loss Adjuster(s) and Krinash Naidoo of Willis Towers Watson.

Upon commencement of the making good of any loss, the Contractor shall keep separate records

of the costs involved in making good such loss and these records must be authenticated by the

Employer for submission to the Insurer’s or their Loss Adjuster(s). Such records shall include,

inter alia, the entire cost of labour, materials, transport and equipment.

Upon the amount of the loss or damage being agreed upon by the Insurer’s Loss Adjuster(s) and

Transnet / the Contractor, an “Agreement of Loss” form will be signed by the Contractor and

Transnet.

The amount agreed upon by the Insurers, the Contractor and the Employer shall be paid by the

Insurers to the Employer net of the deductible, who will arrange for the payment to be made to the

Contractor as appropriate after deduction of the first amount payable.

All incidents which could give rise to a claim under the insurances arranged by Transnet must

be notified to the Broker without delay, per the procedures set out above.

Willis Towers Watson Service Team Willis personnel are at all times available for advice, please feel free to contact :-

Pravina Nair: Account Director

Tel No. 011 082 8788

Cell No. 071 850 0535

E-Mail [email protected]

Shivien Pillay: Account Executive

Tel No. 011 082 8763

Cell No. 084 603 6471


Krinash Naidoo: Claims

Tel No. 011 082 8775 Cell No 072 640 8007


24

Annexure 1 – Transnet Principal Controlled Construction

Insurance Programme Contract Award Declaration for

Contracts/ Projects which falls outside of the PCI

Programme

25

Transnet Principal Controlled Insurance Programme

Contract Declaration Form 2018/9

Contact Details

Name Division / Office

Contact Person ___________________________________________________________

Telephone Number

Fax Number / Email

Address

Project Information

Project Title

Location

Project Details

Scope of Works

Contract Value R (VAT exclusive)

Transnet Supplied Materials R (VAT exclusive)

New Replacement Value of

Property being worked upon R_______________________________(VAT exclusive)

26

Duration (Estimate)

Construction Period to

Testing Period Months

Defects Period Months

Insurance

Insurance Arranged By Transnet Contractor Sum Insured

Construction Risks (Works)

Public Liability

Professional Indemnity

Construction Plant & Equipment

Marine Hull/Plant/Liability

Transits (Inland/Overseas)

Employer’s Liability

Motor Liability

Aviation Liability

Offsite Storage

Provide details for offsite storage of materials where this exceeds R10,000,000 at any one location

General Risk Information

Please provide a copy of the following

(a) Contract drawings

(b) General conditions of contract (including any amendment thereto) referring to insurance and

indemnity obligations, annexure pages, schedules and defect liability obligations

(c) Works programme (gant charts, etc)

(d) Scope of Works

(e) Price Breakdown

Does the project involve removal and disposal of hazardous materials? Eg, asbestos/PCB

Yes No

(If yes, please provide full details)

27

Annexure 2 – Incident Advice Form

All incidents have to be reported within 10 days of occurrence

SEND A COPY OF THIS DOCUMENT TO THE INSURANCE DEPARTMENT WITHIN YOUR OD/

SPECIALIST UNIT

28

Insurance claim advice form – Principled Controlled Insurance

2018-2019

DETAILS OF PROJECT/CONTRACT

Project number:

Project Name:

Site Physical Address:

Name and contact details of Project Manager:

Name and contact details of person who can be contacted in regards to this claim:

Main Contractor or Sub-Contractor:

Value of the Project/Contract at time of award:

Free issue material value (if not included in the value above):

Project/Contract Start Date: Estimated End Date:

LOSS/DAMAGE OF PROPERTY CLAIM

Date of Incident:

Description of loss or damage:

Possible cause of the loss/Party responsible for the loss:

Estimated value of the loss:

In the event of theft - Police case number and name of Police Station incident was reported

to:

PUBLIC LIABILITY CLAIM (i.e. 3rd party holding Transnet liable for a loss) Describe the

incident which might lead to a public liability claim:

Estimated value of the claim:

29

ATTACH THE FOLLOWING:

- Cost breakdown of the estimated claim amount (even if it is only a guestimate at reporting time)

- Documentation supporting the claim e.g. photos, reports etc

I/We warrant that the foregoing information provided is true and correct and that no

information has been withheld in respect of the incident. I/We undertake to advise the

Insurance office in writing in the event of any changes to supplied information and in the

event of recovery of any part of the property forming the subject of this claim.

Signature: Name: Capacity: Date:

Claim form to be submitted to the Insurance

Office of the relevant Operating Division or

Specialist Unit.

2 of 2

Note

Claim must be notified within 20 days of the incident.

Attach additional pages if space provided is not sufficient.

Supply as much detailed information as possible during notification.

If information is not available indicate such on the form.

Insurance Administration

INTERNAL CLAIM NUMBER:

TOMS NUMBER:

BROKER CLAIM NUMBER:

DATE RECEIVED FROM PROJECT:

DATE SUBMITTED TO BROKER:

LOSS ADJUSTER:

AGREEMENT OF LOSS DATE AND VALUE:




Page 1 of 2 T2.2-10: Authority to submit a Tender

T2.2-10: Authority to submit a Tender

Indicate the status of the tenderer by ticking the appropriate box hereunder. The tenderer must complete the

certificate set out below for his category of organisation or alternatively attach a certified copy of a company /

organisation document which provides the same information for the relevant category as requested here.

A - COMPANY B - PARTNERSHIP C - JOINT VENTURE D - SOLE PROPRIETOR

A. Certificate for Company

I,_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ , chairperson of the board of directors of _ _ _ _ _ _ _ _ _ _

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _, hereby confirm that by resolution of the board taken on _ _ _

__ _ _ _ _ (date), Mr/Ms _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , acting in the capacity of _ _ _ _ _ _ _ _ _

_ _ _ _ _ _ _ _ _ _ _ _ _ _, was authorised to sign all documents in connection with this tender offer and any

contract resulting from it on behalf of the company.

Signed Date

Name Position Chairman of the Board of Directors

B. Certificate for Partnership

We, the undersigned, being the key partners in the business trading as _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

_ _ _ _ _ _ _ _ _ _ hereby authorise Mr/Ms _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _, acting in the capacity of _ _ _ _ _

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _, to sign all documents in connection with the tender offer for Contract _ _ _ _ _ _ _

_ _ _ _ _ _ _ _ _ _ _ and any contract resulting from it on our behalf.

Name Address Signature Date

NOTE: This certificate is to be completed and signed by the full number of Partners necessary to commit the

Partnership. Attach additional pages if more space is required.




Page 2 of 2 T2.2-10: Authority to submit a Tender

C. Certificate for Joint Venture

We, the undersigned, are submitting this tender offer in Joint Venture and hereby authorise Mr/Ms _ _ _ _ _ _ _ _

_ _ _ _ _ _ _ _ _ _ _, an authorised signatory of the company _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

_ _ _ _ _ _ , acting in the capacity of lead partner, to sign all documents in connection with the tender offer for

Contract _ _ _ _ __ _ _ and any contract resulting from it on our behalf.

This authorisation is evidenced by the attached power of attorney signed by legally authorised signatories of all the

partners to the Joint Venture.

Furthermore we attach to this Schedule a copy of the joint venture agreement which incorporates a statement that

all partners are liable jointly and severally for the execution of the contract and that the lead partner is authorised

to incur liabilities, receive instructions and payments and be responsible for the entire execution of the contract for

and on behalf of any and all the partners.

Name of firm Address Authorising signature, name (in caps) and capacity

D. Certificate for Sole Proprietor

I, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _, hereby confirm that I am the sole owner of the business trading as

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.

Signed Date

Name Position Sole Proprietor




Page 1 of 3 T2.2-11: Compulsory Questionnaire

T2.2-11: 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: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 in the 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:





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

□ 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 spouse, child or parent

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

Status of service

(tick appropriate column)

Current Within last 12 months

*insert separate page if necessary





The undersigned, who warrants that he / she is duly authorised to do so on behalf of the enterprise:

i) authorizes the Employer to obtain a tax clearance certificate from the South African Revenue Services that

my / our tax matters are in order;

ii) confirms that the neither the name of the enterprise or the name of any partner, manager, director or

other person, who wholly or partly exercises, or may exercise, control over the enterprise appears on the

Register of Tender Defaulters established in terms of the Prevention and Combating of Corrupt Activities

Act of 2004;

iii) confirms that no partner, member, director or other person, who wholly or partly exercises, or may

exercise, control over the enterprise appears, has within the last five years been convicted of fraud or

corruption;

iv) confirms that I / we are not associated, linked or involved with any other tendering entities submitting

tender offers and have no other relationship with any of the tenderers or those responsible for compiling

the scope of work that could cause or be interpreted as a conflict of interest; and

v) confirms that the contents of this questionnaire are within my personal knowledge and are to the best of

my belief both true and correct.

Signed Date

Name Position

Enterprise name


TENDER NUMBER: 1927506-S001 DESCRIPTION OF THE SERVICES: ENGINEERING AND CONSTRUCTION ENGINEERING SERVICES FOR CAPE TOWN CONTAINER TERMINAL PHASE 2B EXPANSION PROJECT

Doc number: 1922705-S001-ENQ-001-Rev0 Page 1 of 9 T2.2.12: Service Provider Integrity Pact

T2.2-12 Service Provider Integrity Pact

Important Note: All potential tenderers must read this document and certify in the RFX Declaration

Form that they have acquainted themselves with, and agree with the content. The contract with the

successful tenderer will automatically incorporate this Integrity Pact as part of the final concluded

contract.

INTEGRITY PACT

Between

TRANSNET SOC LTD

Registration Number: 1990/000900/30

(“Transnet”)

and

The Contractor (hereinafter referred to as the “Tenderer / Service Provider/Contractor”)



T2.2.12: Service Provider Integrity Pact


Page 2 of 9

PREAMBLE Transnet values full compliance with all relevant laws and regulations, ethical standards and the principles of

economical use of resources, fairness and transparency in its relations with its Tenderers / Service

Providers/Contractors.

In order to achieve these goals, Transnet and the Tenderer / Service Provider hereby enter into this agreement

hereinafter referred to as the “Integrity Pact” which will form part of the Tenderer’s / Service Provider’s /

Contractor’s application for registration with Transnet as a vendor.

The general purpose of this Integrity Pact is to agree on avoiding all forms of dishonesty, fraud and corruption by

following a system that is fair, transparent and free from any undue influence prior to, during and subsequent to

the currency of any procurement and / or reverse logistics event and any further contract to be entered into

between the Parties, relating to such event.

All Tenderers / Service Providers / Contractor’s will be required to sign and comply with undertakings contained in

this Integrity Pact, should they want to be registered as a Transnet vendor.

1 OBJECTIVES

1.1 Transnet and the Tenderer / Service Provider / Contractor agree to enter into this Integrity Pact, to

avoid all forms of dishonesty, fraud and corruption including practices that are anti-competitive in

nature, negotiations made in bad faith and under-pricing by following a system that is fair,

transparent and free from any influence / unprejudiced dealings prior to, during and subsequent to

the currency of the contract to be entered into with a view to:

a) Enable Transnet to obtain the desired contract at a reasonable and competitive price in

conformity to the defined specifications of the works, goods and services; and

b) Enable Tenderers / Service Providers / Contractors to abstain from bribing or participating in

any corrupt practice in order to secure the contract.

2 COMMITMENTS OF TRANSNET

Transnet commits to take all measures necessary to prevent dishonesty, fraud and corruption and to

observe the following principles:

2.1 Transnet hereby undertakes that no employee of Transnet connected directly or indirectly with the

sourcing event and ensuing contract, will demand, take a promise for or accept directly or through

intermediaries any bribe, consideration, gift, reward, favour or any material or immaterial benefit or

any other advantage from the Tenderer, either for themselves or for any person, organisation or

third party related to the contract in exchange for an advantage in the tendering process, Tender

evaluation, contracting or implementation process related to any contract.

2.2 Transnet will, during the registration and tendering process treat all Tenderers / Service Providers

with equity, transparency and fairness. Transnet will in particular, before and during the registration

process, provide to all Tenderers / Service Providers the same information and will not provide to

any Tenderers / Service Providers / Contractors confidential / additional information through which

the Tenderers / Service Providers / Contractors could obtain an advantage in relation to any

tendering process.

2.3 Transnet further confirms that its employees will not favour any prospective Tenderer in any form

that could afford an undue advantage to a particular Tenderer during the tendering stage, and will

further treat all Tenderers / Service Providers / Contractors participating in the tendering process.

2.4 Transnet will exclude from the tender process such employees who have any personal interest in

the Tenderers / Service Providers / Contractors participating in the tendering process.





Page 3 of 9

3 OBLIGATIONS OF THE TENDERER / SERVICE PROVIDER

3.1 The Tenderer / Service Provider / Contractor commits itself to take all measures necessary to prevent

corrupt practices, unfair means and illegal activities during any stage of its Tender or during any

ensuing contract stage in order to secure the contract or in furtherance to secure it and in particular

the Tenderer / Service Provider / Contractor commits to the following:

a) The Tenderer / Service Provider / Contractor will not, directly or through any other person or

firm, offer, promise or give to Transnet or to any of Transnet’s employees involved in the

tendering process or to any third person any material or other benefit or payment, in order

to obtain in exchange an advantage during the tendering process; and

b) The Tenderer / Service Provider / Contractor will not offer, directly or through intermediaries,

any bribe, gift, consideration, reward, favour, any material or immaterial benefit or other

advantage, commission, fees, brokerage or inducement to any employee of Transnet,

connected directly or indirectly with the tendering process, or to any person, organisation or

third party related to the contract in exchange for any advantage in the tendering, evaluation,

contracting and implementation of the contract.

3.2 The acceptance and giving of gifts may be permitted provided that:

a) the gift does not exceed R1 000 (one thousand Rand) in retail value;

b) many low retail value gifts do not exceed R 1 000 within a 12 month period;

c) hospitality packages do not exceed R5 000 in value or many low value hospitality packages

do not cumulatively exceed R5 000;

d) a Tenderer / Service Provider does not give a Transnet employee more than 2 (two) gifts

within a 12 (twelve) month period, irrespective of value;

e) a Tenderer / Service Provider does not accept more than 1 (one) gift in excess of R750 (seven

hundred and fifty Rand) from a Transnet employee within a 12 (twelve) month period,

irrespective of value;

f) a Tenderer / Service Provider may under no circumstances, accept from or give to, a Transnet

employee any gift, business courtesy, including an invitation to a business meal and /or

drinks, or hospitality package, irrespective of value, during any Tender evaluation process,

including a period of 12 (twelve) months after such tender has been awarded, as it may be

perceived as undue and improper influence on the evaluation process or reward for the

contract that has been awarded; and

g) a Tenderer / Service Provider may not offer gifts, goods or services to a Transnet employee

at artificially low prices, which are not available to the public at those prices.

3.3 The Tenderer / Service Provider / Contractor will not collude with other parties interested in the

contract to preclude a competitive Tender price, impair the transparency, fairness and progress of

the tendering process, Tender evaluation, contracting and implementation of the contract. The

Tenderer / Service Provider further commits itself to delivering against all agreed upon conditions

as stipulated within the contract.

3.4 The Tenderer / Service Provider / Contractor will not enter into any illegal or dishonest agreement

or understanding, whether formal or informal with other Tenderers / Service Providers / Contractors.

This applies in particular to certifications, submissions or non-submission of documents or actions

that are restrictive or to introduce cartels into the tendering process.

3.5 The Tenderer / Service Provider / Contractor will not commit any criminal offence under the relevant

anti-corruption laws of South Africa or any other country. Furthermore, the Tenderer /Service

Provider will not use for illegitimate purposes or for restrictive purposes or personal gain, or pass on

to others, any information provided by Transnet as part of the business relationship, regarding plans,





Page 4 of 9

technical proposals and business details, including information contained or transmitted

electronically.

3.6 A Tenderer / Service Provider / Contractor of foreign origin shall disclose the name and address of

its agents or representatives in South Africa, if any, involved directly or indirectly in the registration

or tendering process. Similarly, the Tenderer / Service Provider / Contractor of South African

nationality shall furnish the name and address of the foreign principals, if any, involved directly or

indirectly in the registration or tendering process.

3.7 The Tenderer / Service Provider / Contractor will not misrepresent facts or furnish false or forged

documents or information in order to influence the tendering process to the advantage of the

Tenderer / Service Provider or detriment of Transnet or other competitors.

3.8 The Tenderer / Service Provider / Contractor shall furnish Transnet with a copy of its code of conduct,

which code of conduct shall reject the use of bribes and other dishonest and unethical conduct, as

well as compliance programme for the implementation of the code of conduct.

3.9 The Tenderer / Service Provider / Contractor will not instigate third persons to commit offences

outlined above or be an accessory to such offences.

4 INDEPENDENT TENDERING

4.1 For the purposes of that Certificate in relation to any submitted Tender, the Tenderer declares to fully understand that the word “competitor” shall include any individual or organisation, other than the Tenderer, whether or not affiliated with the Tenderer, who:

a) has been requested to submit a Tender in response to this Tender invitation;

b) could potentially submit a Tender in response to this Tender invitation, based on their

qualifications, abilities or experience; and

c) provides the same Goods and Services as the Tenderer and/or is in the same line of business

as the Tenderer.

4.2 The Tenderer has arrived at his submitted Tender independently from, and without consultation,

communication, agreement or arrangement with any competitor. However communication between

partners in a joint venture or consortium will not be construed as collusive tendering.

4.3 In particular, without limiting the generality of paragraph 5 above, there has been no consultation,

communication, agreement or arrangement with any competitor regarding:

a) prices;

b) geographical area where Goods or Services will be rendered [market allocation];

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

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

e) the submission of a Tender which does not meet the specifications and conditions of the RFP;

or

f) tendering with the intention of not winning the Tender.

4.4 In addition, there have been no consultations, communications, agreements or arrangements with

any competitor regarding the quality, quantity, specifications and conditions or delivery particulars

of the Goods or Services to which his/her tender relates.

4.5 The terms of the Tender as submitted have not been, and will not be, disclosed by the Tenderer,

directly or indirectly, to any competitor, prior to the date and time of the official Tender opening or

of the awarding of the contract.





Page 5 of 9

4.6 Tenderers are aware that, in addition and without prejudice to any other remedy provided to combat

any restrictive practices related to Tenders and contracts, Tenders that are suspicious will be

reported to the Competition Commission for investigation and possible imposition of administrative

penalties in terms of section 59 of the Competition Act No 89 of 1998 and/or may be reported to the

National Prosecuting Authority [NPA] for criminal investigation and/or may be restricted from

conducting business with the public sector for a period not exceeding 10 [ten] years in terms of the

Prevention and Combating of Corrupt Activities Act No 12 of 2004 or any other applicable legislation.

4.7 Should the Tenderer find any terms or conditions stipulated in any of the relevant documents quoted

in the Tender unacceptable, it should indicate which conditions are unacceptable and offer

alternatives by written submission on its company letterhead, attached to its submitted Tender. Any

such submission shall be subject to review by Transnet’s Legal Counsel who shall determine whether

the proposed alternative(s) are acceptable or otherwise, as the case may be.

5 DISQUALIFICATION FROM TENDERING PROCESS

5.1 If the Tenderer / Service Provider / Contractor has committed a transgression through a violation of

section 3 of this Integrity Pact or in any other form such as to put its reliability or credibility as a

Tenderer / Service Provider into question, Transnet may reject the Tenderer’s / Service Provider’s /

Contractor’s application from the registration or tendering process and remove the Tenderer /

Service Provider from its database, if already registered.

5.2 If the Tenderer / Service Provider / Contractor has committed a transgression through a violation of

section 3, or any material violation, such as to put its reliability or credibility into question. Transnet

may after following due procedures and at its own discretion also exclude the Tenderer / Service

Provider / Contractor from future tendering processes. The imposition and duration of the exclusion

will be determined by the severity of the transgression. The severity will be determined by the

circumstances of the case, which will include amongst others the number of transgressions, the

position of the transgressors within the company hierarchy of the Tenderer / Service Provider

/Contractor and the amount of the damage. The exclusion will be imposed for up to a maximum of

10 (ten) years. However, Transnet reserves the right to impose a longer period of exclusion,

depending on the gravity of the misconduct.

5.3 If the Tenderer / Service Provider / Contractor can prove that it has restored the damage caused by

it and has installed a suitable corruption prevention system, or taken other remedial measures as

the circumstances of the case may require, Transnet may at its own discretion revoke the exclusion

or suspend the imposed penalty.

6 TRANSNET’S LIST OF EXCLUDED TENDERERS (BLACKLIST)

6.1 All the stipulations around Transnet’s blacklisting process as laid down in Transnet’s Supply Chain

Policy and Procurement Procedures Manual are included herein by way of reference. Below follows

a condensed summary of this blacklisting procedure.

6.2 Blacklisting is a mechanism used to exclude a company/person from future business with Transnet

for a specified period. The decision to blacklist is based on one of the grounds for blacklisting. The

standard of proof to commence the blacklisting process is whether a “prima facie” (i.e. on the face

of it) case has been established.

6.3 Depending on the seriousness of the misconduct and the strategic importance of the Goods/Services,

in addition to blacklisting a company/person from future business, Transnet may decide to terminate

some or all existing contracts with the company/person as well.

6.4 A Service Provider or Contractor to Transnet may not subcontract any portion of the contract to a

blacklisted company.





Page 6 of 9

6.5 Grounds for blacklisting include: If any person/Enterprise which has submitted a Tender, concluded

a contract, or, in the capacity of agent or subcontractor, has been associated with such Tender or

contract:

a) Has, in bad faith, withdrawn such Tender after the advertised closing date and time for the

receipt of Tenders;

b) has, after being notified of the acceptance of his Tender, failed or refused to sign a contract

when called upon to do so in terms of any condition forming part of the Tender documents;

c) has carried out any contract resulting from such Tender in an unsatisfactory manner or has

breached any condition of the contract;

d) has offered, promised or given a bribe in relation to the obtaining or execution of the contract;

e) has acted in a fraudulent or improper manner or in bad faith towards Transnet or any

Government Department or towards any public body, Enterprise or person;

f) has made any incorrect statement in a certificate or other communication with regard to the

Local Content of his Goods or his B-BBEE status and is unable to prove to the satisfaction of

Transnet that:

(i) he made the statement in good faith honestly believing it to be correct; and

(ii) before making such statement he took all reasonable steps to satisfy himself of its

correctness;

g) caused Transnet damage, or to incur costs in order to meet the contractor’s requirements

and which could not be recovered from the contractor;

h) has litigated against Transnet in bad faith.

6.6 Grounds for blacklisting include a company/person recorded as being a company or person

prohibited from doing business with the public sector on National Treasury’s database of Restricted

Service Providers or Register of Tender Defaulters.

6.7 Companies associated with the person/s guilty of misconduct (i.e. entities owned, controlled or

managed by such persons), any companies subsequently formed by the person(s) guilty of the

misconduct and/or an existing company where such person(s) acquires a controlling stake may be

considered for blacklisting. The decision to extend the blacklist to associated companies will be at

the sole discretion of Transnet.

7 PREVIOUS TRANSGRESSIONS

7.1 The Tenderer / Service Provider /Contractor hereby declares that no previous transgressions

resulting in a serious breach of any law, including but not limited to, corruption, fraud, theft, extortion

and contraventions of the Competition Act 89 of 1998, which occurred in the last 5 (five) years with

any other public sector undertaking, government department or private sector company that could

justify its exclusion from its registration on the Tenderer’s / Service Provider’s / Contractor’s database

or any tendering process.

7.2 If it is found to be that the Tenderer / Service Provider /Contractor made an incorrect statement on

this subject, the Tenderer / Service Provider / Contractor can be rejected from the registration

process or removed from the Tenderer / Service Provider / Contractor database, if already registered,

for such reason (refer to the Breach of Law Form contained in the applicable RFX document.)





Page 7 of 9

8 SANCTIONS FOR VIOLATIONS

8.1 Transnet shall also take all or any one of the following actions, wherever required to:

a) Immediately exclude the Tenderer / Service Provider / Contractor from the tendering process or call

off the pre-contract negotiations without giving any compensation the Tenderer / Service Provider /

Contractor. However, the proceedings with the other Tenderer / Service Provider / Contractor may

continue;

b) Immediately cancel the contract, if already awarded or signed, without giving any compensation to

the Tenderer / Service Provider / Contractor;

c) Recover all sums already paid by Transnet;

d) Encash the advance bank guarantee and performance bond or warranty bond, if furnished by the

Tenderer / Service Provider / Contractor, in order to recover the payments, already made by

Transnet, along with interest;

e) Cancel all or any other contracts with the Tenderer / Service Provider; and

f) Exclude the Tenderer / Service Provider / Contractor from entering into any Tender with Transnet

in future.

9 CONFLICTS OF INTEREST

9.1 A conflict of interest includes, inter alia, a situation in which:

a) A Transnet employee has a personal financial interest in a tendering / supplying entity; and

b) A Transnet employee has private interests or personal considerations or has an affiliation or a

relationship which affects, or may affect, or may be perceived to affect his / her judgment in action

in the best interest of Transnet, or could affect the employee’s motivations for acting in a particular

manner, or which could result in, or be perceived as favouritism or nepotism.

9.2 A Transnet employee uses his / her position, or privileges or information obtained while acting in

the capacity as an employee for:

a) Private gain or advancement; or

b) The expectation of private gain, or advancement, or any other advantage accruing to the employee

must be declared in a prescribed form.

Thus, conflicts of interest of any Tender committee member or any person involved in the sourcing

process must be declared in a prescribed form.

9.3 If a Tenderer / Service Provider / Contractor has or becomes aware of a conflict of interest i.e. a

family, business and / or social relationship between its owner(s) / member(s) / director(s) /

partner(s) / shareholder(s) and a Transnet employee / member of Transnet’s Board of Directors in

respect of a Tender which will be considered for the Tender process, the Tenderer / Service Provider

/ Contractor:

a) must disclose the interest and its general nature, in the Request for Proposal (“RFX”) declaration

form; or

b) must notify Transnet immediately in writing once the circumstances has arisen.

9.4 The Tenderer / Service Provider / Contractor shall not lend to or borrow any money from or enter

into any monetary dealings or transactions, directly or indirectly, with any committee member or

any person involved in the sourcing process, where this is done, Transnet shall be entitled forthwith

to rescind the contract and all other contracts with the Tenderer / Service Provider / Contractor.

10 MONITORING

10.1 Transnet will be responsible for appointing an independent Monitor to:





Page 8 of 9

a) Conduct random monitoring of compliance to the provisions of this Integrity Pact for contracts

entered into between Transnet and the Tenderer / Service Provider / Contractor for less than

R100,000.000 (one hundred million Rand) in value;

b) Monitor compliance to the provisions of this Integrity Pact for contracts entered into between

Transnet and the Tenderer / Service Provider / Contractor for greater than R100,000.000 (one

hundred million Rand) in value; and

c) Investigate any allegation of violation of any provisions of this Integrity Pact for contracts entered

into between Transnet and the Tenderer / Service Provider / Contractor, irrespective of value.

10.2 The Monitor will be subjected to Transnet’s Terms of Conditions of Contract for the Provision of

Services to Transnet, as well as to Transnet’s Service Provider Code of Conduct.

11 EXAMINATION OF FINANCIAL RECORDS, DOCUMENTATION AND/OR ELECTRONIC DATA

For the purpose of Monitoring, as stipulated above, the Monitor shall be entitled to:

a) Examine the financial records, documentation and or electronic date of Tenderer / Service Provider

/ Contractor / Transnet. The Tenderer / Service Provider / Transnet shall provide all requested

information / documentation / data to the Monitor and shall extend all help possible for the purpose

of such examination.

12 DISPUTE RESOLUTION

12.1 Transnet recognises that trust and good faith are pivotal to its relationship with its Tenderer / Service

Provider / Contractor. When a dispute arises between Transnet and its Tenderer / Service Provider

/ Contractor, the parties should use their best endeavours to resolve the dispute in an amicable

manner, whenever possible. Litigation in bad faith negates the principles of trust and good faith on

which commercial relationships are based. Accordingly, following a blacklisting process as

mentioned in paragraph 6 above, Transnet will not do business with a company that litigates against

it in bad faith or is involved in any action that reflects bad faith on its part. Litigation in bad faith

includes, but is not limited to the following instances:

a) Vexatious proceedings: these are frivolous proceedings which have been instituted without

proper grounds;

b) Perjury: where a Tenderer / Service Provider / Contractor make a false statement either in giving

evidence or on an affidavit;

c) Scurrilous allegations: where a Tenderer / Service Provider / Contractor makes allegations

regarding a senior Transnet employee which are without proper foundation, scandalous, abusive or

defamatory; and

d) Abuse of court process: when a Tenderer / Service Provider / Contractor abuses the court process

in order to gain a competitive advantage during a Tender process.

13 GENERAL

13.1 This Integrity Pact is governed by and interpreted in accordance with the laws of the Republic of

South Africa.

13.2 The actions stipulated in this Integrity Pact are without prejudice to any other legal action that may

follow in accordance with the provisions of the law relating to any civil or criminal proceedings.

13.3 The validity of this Integrity Pact shall cover all the tendering processes and will be valid for an

indefinite period unless cancelled by either Party.

13.4 Should one or several provisions of this Integrity Pact turn out to be invalid the remainder of this

Integrity Pact remains valid.





Page 9 of 9

13.5 Should a Tenderer / Service Provider / Contractor be confronted with dishonest, fraudulent or

corruptive behaviour of one or more Transnet employees, Transnet expects its Tenderer / Service

Provider / Contractor to report this behaviour directly to a senior Transnet official / employee or

alternatively by using Transnet’s “Tip-Off Anonymous” hotline number 0800 003 056, whereby your

confidentiality is guaranteed.

The Parties hereby declare that each of them has read and understood the clauses of this Integrity Pact

and shall a Tenderer by it. To the best of the Parties’ knowledge and belief, the information provided in

this Integrity Pact is true and correct.

oooOOOooo


ENDER NUMBER: 1927506-S001

ESCRIPTION OF THE SERVICES: ENGINEERING AND CONSTRUCTION ENGINEERING SERVICES FOR CAPE TOWN CONTAINER TERMINAL PHASE 2B

EXPANSION PROJECT

Page 1 of 4

Doc number: 1927506-S001-ENQ-001-Rev0 T2.2.13 Non-Disclosure Agreement

T2.2-13 NON-DISCLOSURE AGREEMENT

THIS AGREEMENT is made effective as of ........... day of ............................... 20...... by and between:

Note to tenderers: This Non-Disclosure Agreement is to be completed and signed by an authorised

signatory:

Transnet SOC Ltd (Registration No. 1990/000900/30), a company incorporated and existing under the laws of

South Africa, having its principal place of business at Carlton Centre, 150 Commissioner Street, Johannesburg, 2001,

South Africa,

and

............................................................................... (Registration No. .........................................), a private

company incorporated and existing under the laws of South Africa having its principal place of business at

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

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

WHEREAS

Transnet and the Company wish to exchange Information [as defined below] and it is envisaged that each party

may from time to time receive Information relating to the other in respect thereof. In consideration of each party

making available to the other such Information, the parties jointly agree that any dealings between them shall be

subject to the terms and conditions of this Agreement which themselves will be subject to the parameters of the Bid

Document.

IT IS HEREBY AGREED

1. INTERPRETATION

In this Agreement:

1.1 Agents mean directors, officers, employees, agents, professional advisers, contractors or sub-

contractors, or any Group member;

1.2 Bid or Bid Document means Transnet’s Request for Information [RFI] Request for Proposal [RFP] or

Request for Quotation [RFQ], as the case may be;

1.3 Confidential Information means any information or other data relating to one party [the Disclosing

Party] and/or the business carried on or proposed or intended to be carried on by that party and which

is made available for the purposes of the Bid to the other party [the Receiving Party] or its Agents by

the Disclosing Party or its Agents or recorded in agreed minutes following oral disclosure and any other

information otherwise made available by the Disclosing Party or its Agents to the Receiving Party or its

Agents, whether before, on or after the date of this Agreement, and whether in writing or otherwise,

including any information, analysis or specifications derived from, containing or reflecting such

information but excluding information which:

1.3.1 is publicly available at the time of its disclosure or becomes publicly available [other than as a

result of disclosure by the Receiving Party or any of its Agents contrary to the terms of this

Agreement]; or




EXPANSION PROJECT

Page 2 of 4


1.3.2 was lawfully in the possession of the Receiving Party or its Agents [as can be demonstrated by its

written records or other reasonable evidence] free of any restriction as to its use or disclosure

prior to its being so disclosed; or

1.3.3 following such disclosure, becomes available to the Receiving Party or its Agents [as can be

demonstrated by its written records or other reasonable evidence] from a source other than the

Disclosing Party or its Agents, which source is not bound by any duty of confidentiality owed,

directly or indirectly, to the Disclosing Party in relation to such information;

1.4 Group means any subsidiary, any holding company and any subsidiary of any holding company of either

party; and

1.5 Information means all information in whatever form including, without limitation, any information

relating to systems, operations, plans, intentions, market opportunities, know-how, trade secrets and

business affairs whether in writing, conveyed orally or by machine-readable medium.

2. CONFIDENTIAL INFORMATION

2.1 All Confidential Information given by one party to this Agreement [the Disclosing Party] to the other

party [the Receiving Party] will be treated by the Receiving Party as secret and confidential and will

not, without the Disclosing Party’s written consent, directly or indirectly communicate or disclose

[whether in writing or orally or in any other manner] Confidential Information to any other person other

than in accordance with the terms of this Agreement.

2.2 The Receiving Party will only use the Confidential Information for the sole purpose of technical and

commercial discussions between the parties in relation to the Bid or for the subsequent performance of

any contract between the parties in relation to the Bid.

2.3 Notwithstanding clause 2.1 above, the Receiving Party may disclose Confidential Information:

2.3.1 to those of its Agents who strictly need to know the Confidential Information for the sole purpose

set out in clause 2.2 above, provided that the Receiving Party shall ensure that such Agents are

made aware prior to the disclosure of any part of the Confidential Information that the same is

confidential and that they owe a duty of confidence to the Disclosing Party. The Receiving Party

shall at all times remain liable for any actions of such Agents that would constitute a breach of this

Agreement; or

2.3.2 to the extent required by law or the rules of any applicable regulatory authority, subject to clause

2.4 below.

2.4 In the event that the Receiving Party is required to disclose any Confidential Information in accordance

with clause 2.3.2 above, it shall promptly notify the Disclosing Party and cooperate with the Disclosing

Party regarding the form, nature, content and purpose of such disclosure or any action which the

Disclosing Party may reasonably take to challenge the validity of such requirement.

2.5 In the event that any Confidential Information shall be copied, disclosed or used otherwise than as

permitted under this Agreement then, upon becoming aware of the same, without prejudice to any

rights or remedies of the Disclosing Party, the Receiving Party shall as soon as practicable notify the

Disclosing Party of such event and if requested take such steps [including the institution of legal

proceedings] as shall be necessary to remedy [if capable of remedy] the default and/or to prevent

further unauthorised copying, disclosure or use.




EXPANSION PROJECT

Page 3 of 4


2.6 All Confidential Information shall remain the property of the Disclosing Party and its disclosure shall not

confer on the Receiving Party any rights, including intellectual property rights over the Confidential

Information whatsoever, beyond those contained in this Agreement.

3. RECORDS AND RETURN OF INFORMATION

3.1 The Receiving Party agrees to ensure proper and secure storage of all Information and any copies

thereof.

3.2 The Receiving Party shall keep a written record, to be supplied to the Disclosing Party upon request, of

the Confidential Information provided and any copies made thereof and, so far as is reasonably

practicable, of the location of such Confidential Information and any copies thereof.

3.3 The Company shall, within 7 [seven] days of receipt of a written demand from Transnet:

3.3.1 return all written Confidential Information [including all copies]; and

3.3.2 expunge or destroy any Confidential Information from any computer, word processor or other

device whatsoever into which it was copied, read or programmed by the Company or on its behalf.

3.4 The Company shall on request supply a certificate signed by a director as to its full compliance with the

requirements of clause 3.3.2 above.

4. ANNOUNCEMENTS

4.1 Neither party will make or permit to be made any announcement or disclosure of its prospective interest

in the Bid without the prior written consent of the other party.

4.2 Neither party shall make use of the other party’s name or any information acquired through its dealings

with the other party for publicity or marketing purposes without the prior written consent of the other

party.

5. DURATION

The obligations of each party and its Agents under this Agreement shall survive the termination of any

discussions or negotiations between the parties regarding the Bid and continue thereafter for a period of 5

[five] years.

6. PRINCIPAL

Each party confirms that it is acting as principal and not as nominee, agent or broker for any other person

and that it will be responsible for any costs incurred by it or its advisers in considering or pursuing the Bid

and in complying with the terms of this Agreement.

7. ADEQUACY OF DAMAGES

Nothing contained in this Agreement shall be construed as prohibiting the Disclosing Party from pursuing any

other remedies available to it, either at law or in equity, for any such threatened or actual breach of this

Agreement, including specific performance, recovery of damages or otherwise.

8. PRIVACY AND DATA PROTECTION

8.1 The Receiving Party undertakes to comply with South Africa’s general privacy protection in terms Section

14 of the Bill of Rights in connection with this Bid and shall procure that its personnel shall observe the

provisions of such Act [as applicable] or any amendments and re-enactments thereof and any

regulations made pursuant thereto.




EXPANSION PROJECT

Page 4 of 4


8.2 The Receiving Party warrants that it and its Agents have the appropriate technical and organisational

measures in place against unauthorised or unlawful processing of data relating to the Bid and against

accidental loss or destruction of, or damage to such data held or processed by them.

9. GENERAL

9.1 Neither party may assign the benefit of this Agreement, or any interest hereunder, except with the prior

written consent of the other, save that Transnet may assign this Agreement at any time to any member

of the Transnet Group.

9.2 No failure or delay in exercising any right, power or privilege under this Agreement will operate as a

waiver of it, nor will any single or partial exercise of it preclude any further exercise or the exercise of

any right, power or privilege under this Agreement or otherwise.

9.3 The provisions of this Agreement shall be severable in the event that any of its provisions are held by a

court of competent jurisdiction or other applicable authority to be invalid, void or otherwise

unenforceable, and the remaining provisions shall remain enforceable to the fullest extent permitted by

law.

9.4 This Agreement may only be modified by a written agreement duly signed by persons authorised on

behalf of each party.

9.5 Nothing in this Agreement shall constitute the creation of a partnership, joint venture or agency between

the parties.

9.6 This Agreement will be governed by and construed in accordance with South African law and the parties

irrevocably submit to the exclusive jurisdiction of the South African courts.

Signed Date

Name Position

Tenderer




Page 1 of 2 T2.2-14: Tender Declaration Form

T2.2-14: TENDER DECLARATION FORM

NAME OF COMPANY: _______________________________________________________

We ___________________________________________________________ do hereby certify that:

1. Transnet has supplied and we have received appropriate tender offers to any/all questions (as applicable)

which were submitted by ourselves for tender clarification purposes;

2. we have received all information we deemed necessary for the completion of this Tender;

3. at no stage have we received additional information relating to the subject matter of this tender from

Transnet sources, other than information formally received from the designated Transnet contact(s) as

nominated in the tender documents;

4. we are satisfied, insofar as our company is concerned, that the processes and procedures adopted by

Transnet in issuing this TENDER and the requirements requested from tenderers in responding to this

TENDER have been conducted in a fair and transparent manner; and

5. furthermore, we acknowledge that a direct relationship exists between a family member and/or an owner /

member / director / partner / shareholder (unlisted companies) of our company and an employee or board

member of the Transnet Group as indicated below: [Respondent to indicate if this section is not applicable]

FULL NAME OF OWNER/MEMBER/DIRECTOR/

PARTNER/SHAREHOLDER: ADDRESS:

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

Indicate nature of relationship with Transnet:

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

[Failure to furnish complete and accurate information in this regard may lead to the

disqualification of your response and may preclude a Respondent from doing future business with

Transnet]

We declare, to the extent that we are aware or become aware of any relationship between ourselves and

Transnet (other than any existing and appropriate business relationship with Transnet) which could unfairly

advantage our company in the forthcoming adjudication process, we shall notify Transnet immediately in

writing of such circumstances.




Page 2 of 2 T2.2-14: Tender Declaration Form

6. We accept that any dispute pertaining to this tender will be resolved through the

Ombudsman process and will be subject to the Terms of Reference of the Ombudsman. The

Ombudsman process must first be exhausted before judicial review of a decision is sought.

(Refer “Important Notice to respondents” below).

7. We further accept that Transnet reserves the right to reverse a tender award or decision

based on the recommendations of the Ombudsman without having to follow a formal court

process to have such award or decision set aside.

For and on behalf of

…………………………………………………………………………

duly authorised thereto

Name:

Signature:

Date:

IMPORTANT NOTICE TO RESPONDENTS

Transnet has appointed a Procurement Ombudsman to investigate any material complaint in respect of tenders

exceeding R5,000,000.00 (five million S.A. Rand) in value. Should a Respondent have any material concern

regarding an tender process which meets this value threshold, a complaint may be lodged with Transnet’s

Procurement Ombudsman for further investigation.

It is incumbent on the Respondent to familiarise himself/herself with the Terms of Reference for the Transnet

Procurement Ombudsman, details of which are available for review at Transnet’s website www.transnet.net.

An official complaint form may be downloaded from this website and submitted, together with any supporting

documentation, within the prescribed period, to [email protected]

For transactions below the R5,000,000.00 (five million S.A. Rand) threshold, a complaint may be lodged with

the Chief Procurement Officer of the relevant Transnet Operating Division.

All Respondents should note that a complaint must be made in good faith. If a complaint is made in bad faith,

Transnet reserves the right to place such a bidder on its List of Excluded Bidders.

http://www.transnet.net/

mailto:[email protected]




Page 1 of 1 T2.2-15: RFP – Breach of Law

T2.2-15: REQUEST FOR PROPOSAL – BREACH OF LAW

NAME OF COMPANY: _______________________________________________________

I / We ___________________________________________________________ do hereby certify that I/we

have/have not been found guilty during the preceding 5 (five) years of a serious breach of law, including but

not limited to a breach of the Competition Act, 89 of 1998, by a court of law, tribunal or other administrative body.

The type of breach that the Tenderer is required to disclose excludes relatively minor offences or misdemeanours,

e.g. traffic offences.

Where found guilty of such a serious breach, please disclose:

NATURE OF BREACH:

_____________________________________________________________________________________________

_____________________________________________________________________________________________

____________________________________________________________

DATE OF BREACH: _________________________________________________________________

Furthermore, I/we acknowledge that Transnet SOC Ltd reserves the right to exclude any Tenderer from the

bidding process, should that person or company have been found guilty of a serious breach of law, tribunal or

regulatory obligation.

Signed on this _____ day of _________________ 20____

_______________________

SIGNATURE OF TENDER


Doc number: 1927506-S001-ENQ-001-Rev0 Part T2: Returnable Schedules Page 1 of 1 T2.2-16: Record of Addenda to Tender documents

T2.2-16: Record of Addenda to Tender Documents

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

Date Title or Details

1

2

3

4

5

6

7

8

9

10

Attach additional pages if more space is required.

Signed Date

Tenderer




T2.2-17: BBBEE and Socio-Economic Obligations Page 1 of 3

T2.2-17: BROAD-BASED BLACK ECONOMIC EMPOWERMENT AND

SOCIO-ECONOMIC OBLIGATIONS

As described in more detail in the attached B-BBEE Claim Form and as prescribed in terms of the Preferential

Procurement Policy Framework Act (PPPFA), Act 5 of 2000 and its Regulations. Respondents are to note

that Transnet will allow a “preference” to companies who provide a valid B-BBEE Verification Certificate.

Tenderers are required to complete Section 7 [the B-BBEE Preference Point Claim Form] and submit it

together with proof of their B-BBEE Status as stipulated in the Claim Form in order to obtain preference

points for their B-BBEE status. Tenders are required to at all times comply with the latest B-BBEE legislation

and/or instruction notes as issued from time to time by the DTI.

Note: Failure to submit a valid and original (or certified copy) as proof of the Tenderer’s

compliance with the B-BBEE requirements stipulated in Section 8 of this Tender (the B-

BBEE Preference Points Claim Form) at the Closing Date of this Tender, will result in a

score of zero being allocated for B-BBEE.

The Table below indicates the various options available to Large Enterprises, QSEs and

EMEs to verify their B-BBEE status.

Enterprise Certificate

Large Certificate issued by SANAS accredited verification agency

QSE Certificate issued by SANAS accredited verification agency

Sworn Affidavit (only black-owned EMEs - 51% to 100% Black owned)

EME Certificate issued by SANAS accredited verification agency

Sworn Affidavit

Certificate issued by CIPC (formerly CIPRO

Auditor or Accounting Officer (only in terms of 2007 Codes)

5.1 B-BBEE Joint Ventures or Consortiums

Tenderers who would wish to respond to this tender as a Joint Venture [JV] or consortium with B-

BBEE entities, must state their intention to do so in their tender submission. Such Respondents

must also submit a signed JV or consortium agreement between the parties clearly stating the

percentage [%] split of business and the associated responsibilities of each party. If such a JV or

consortium agreement is unavailable, the partners must submit confirmation in writing of their

intention to enter into a JV or consortium agreement should they be awarded business by Transnet

through this tender process. This written confirmation must clearly indicate the percentage [%] split

of business and the responsibilities of each party. In such cases, award of business will only take

place once a signed copy of a JV or consortium agreement is submitted to Transnet.





Tenderers are to note the requirements for B-BBEE compliance of JVs or consortiums as required by

Section 7 [the B-BBEE Preference Point Claim Form] and submit it together with proof of their B-

BBEE Status as stipulated in the Claim Form in order to obtain preference points for their B-BBEE

status.

Note: Failure to submit a valid and original B-BBEE certificate for the JV or a certified copy thereof

at the Closing Date of this tender will result in a score of zero being allocated for B-BBEE.

5.2 Subcontracting

Transnet fully endorses Government’s transformation and empowerment objectives and when

contemplating subcontracting Tenderers are requested to give preference to companies which are

Black Owned, Black Women Owned, Black Youth Owned, owned by Black People with Disabilities,

EMEs and QSEs including any companies designated as B-BBEE Facilitators1.

First preference should be given to companies with 100% ownership by designated groups;

Second preference should be given to companies with less than 100% but greater than

51% ownership by designated groups;

Final preference should be given to companies with less than 51% ownership by designated

groups but are South African owned.

If contemplating subcontracting, please note that a Tenderer will not be awarded points for B-BBEE

if it is indicated in its Tender that such Tenderer intends subcontracting more than 25% [twenty-

five percent] of the value of the contract to an entity/entities that do not qualify for at least the

same points that the Tenderer qualifies for, unless the intended subcontractor is an EME with the

capability to execute the contract.

A person awarded a contract may not subcontract more than 25% [twenty-five percent] of the value

of the contract to any other enterprise that does not have an equal or higher B-BBEE status level

than the person concerned, unless the contract is subcontracted to an EME that has the capability

and ability to execute the subcontract.

5.3 B-BBEE Improvement Plan

Transnet encourages its Approved List of Service Provider(s) to constantly strive to improve their B-

BBEE rating. Whereas Respondents will be allocated points in terms of a preference point system

based on its B-BBEE scorecard to be assessed as detailed in paragraph 5.1 above, in addition to

such scoring, Transnet also requests that Respondents submit a B-BBEE improvement plan.

In the event that tenderers qualify to be placed on the list of approved EPCM service providers and

are awarded a contract by Transnet, they will be requested to indicate the extent to which they will

maintain or improve their Black Ownership (B.O) element of the B-BBEE status over the contract

period to meet the required Transnet target B.O.

1 The Minister of the Department of Trade and Industry has the power to designate certain Organs of State or

Public Entities as B-BBEE Facilitators. For example, the South African National Military Veterans’ Association (SANMVA) has been designated as a B-BBEE Facilitator. As such they will be treated as having rights of ownership held 100% by Black People, 40% by Black Women and 20% by Black designated groups.





Bidders with less than 51% black ownership are requested to commit to transform their business to

be at least 51% (fifty one percent) black owned within 1 (one) year. Failure for bidders to comply

with this may result in suspension from the list until such time as they improve their black ownership

to 51%.

5.4 Supplier Development Initiatives

Historically in South Africa there has been a lack of investment in infrastructure, skills and capability

development and inequality in the income distribution and wealth of a significant portion of the

population. There have been a number of Government initiatives developed to address these

challenges. In particular, the New Growth Path [NGP] and New Development Plan [NDP] aligns and

builds on previous policies to ensure the achievement of Government’s development objectives for

South Africa.

Transnet fully endorses and supports Government’s economic policies through its facilitation of

Supplier Development [SD] initiatives. As this (the first phase) RFP is to frame an approved list,

there will be a second phase where Transnet will issue individual RFP’s to the market for specific

work packages. SD responses will be evaluated as part of the second phase and as such, no SD

evaluation will take place in this first phase. The aim of the revised approach to Supplier

Development is intended to ensure that TGC maximises the value and impact of Supplier

Development initiatives executed on its projects. Bidders are however required to be aware

that they will be required to adhere to Supplier Development obligations stipulated by TGC, as

and when bids are solicited from the approved list. These obligations may include, but are not

limited to, Transnet prescribing the required Joint Venture or Subcontracting portions and value to

be added in terms of the contractor and subcontractor agreements (this may include a number of

skills development and job creation requirements [please refer to Section 9, paragraph 1.2a for a

full list of potential SD requirements]). The intention of this is to ensure that subconsultants add

value, improve their skills and increase their experience in order to be able to tender as a standalone

party in future engagements.

Transnet reserves the right to use Supplier Development as an objective criterion to justify the award

of business to a bidder other than the highest scoring bidder. All Respondents are therefore advised

that Transnet may decide at its sole discretion to use SD as an objective criteria on the following

basis:

The extent by which bidders are prepared to exceed the minimum SD prequalification

threshold to be stated in each of the subsequent award of work RFP’s.

In order to maximise compliance to SD requirements, the suppliers will be required to submit

auditable SD reports against the signed requirements on a project by project basis. Transnet reserves

the right to complete audits of these reports as well as the suppliers business to ensure that SD

commitments are delivered as agreed.




Page 1 of 2 T2.2-18: Certificate of Acquaintance with

Tender Documents

T2.2-18: Certificate of Acquaintance with Tender Documents

NAME OF TENDERING ENTITY:

__________________________________________________________________________________

1. By signing this certificate I/we acknowledge that I/we have made myself/ourselves thoroughly familiar

with, and agree with all the conditions governing this RFP. This includes those terms and conditions of the

Contract, the Supplier Integrity Pact, Non-Disclosure Agreement etc. contained in any printed form stated

to form part of the documents thereof, but not limited to those listed in this clause.

2. I/we furthermore agree that Transnet SOC Ltd shall recognise no claim from me/us for relief based on an

allegation that I/we overlooked any TENDER/contract condition or failed to take it into account for the

purpose of calculating my/our offered prices or otherwise.

3. I/we understand that the accompanying Tender will be disqualified if this Certificate is found not to be

true and complete in every respect.

4. For the purposes of this Certificate and the accompanying Tender, I/we understand that the word

“competitor” shall include any individual or organisation, other than the Tenderer, whether or not

affiliated with the Tenderer, who:

a) has been requested to submit a Tender in response to this Tender invitation;

b) could potentially submit a Tender in response to this Tender invitation, based on their

qualifications, abilities or experience; and

c) provides the same Services as the Tenderer and/or is in the same line of business as the

Tenderer

5. The Tenderer has arrived at the accompanying Tender independently from, and without consultation,

communication, agreement or arrangement with any competitor. However communication between

partners in a joint venture or consortium will not be construed as collusive Tendering.

6. In particular, without limiting the generality of paragraph 5 above, there has been no consultation,

communication, agreement or arrangement with any competitor regarding:

a) prices;

b) geographical area where Services will be rendered [market allocation]

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

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

e) the submission of a Tender which does not meet the specifications and conditions of the

TENDER; or

f) Tendering with the intention not winning the Tender.




Page 2 of 2 T2.2-18: Certificate of Acquaintance with

Tender Documents

7. In addition, there have been no consultations, communications, agreements or arrangements with any

competitor regarding the quality, quantity, specifications and conditions or delivery particulars of the

Services to which this TENDER relates.

8. The terms of the accompanying Tender have not been, and will not be, disclosed by the Tenderer, directly

or indirectly, to any competitor, prior to the date and time of the official Tender opening or of the

awarding of the contract.

9. I/We am/are aware that, in addition and without prejudice to any other remedy provided to combat any

restrictive practices related to Tenders and contracts, Tenders that are suspicious will be reported to the

Competition Commission for investigation and possible imposition of administrative penalties in terms of

section 59 of the Competition Act No 89 of 1998 and/or may be reported to the National Prosecuting

Authority [NPA] for criminal investigation. In addition, Tenderers that submit suspicious Tenders may be

restricted from conducting business with the public sector for a period not exceeding 10 [ten] years in

terms of the Prevention and Combating of Corrupt Activities Act No 12 of 2004 or any other applicable

legislation.

Signed on this _____ day of ___________________20___

_____________________________

SIGNATURE OF TENDERER



Page 1 of 9

Doc number: 1927506-S001-ENQ-001-Rev0 T2.2.19 Transnet Vendor Registration Form

T2.2-19 Transnet Vendor Registration Form

Transnet Vendor Management has received a request to load / change your company details onto the Transnet

vendor master database. Please return the completed Transnet Vendor Registration Form together with the required supporting documents as per Appendix A to the Transnet Official who is intending to procure your

company’s services / products, to enable us to process this request. Please only submit the documentation relevant to your request.

Please Note: all organisations, institutions and individuals who wish to provide goods and/or services to organs of the State must be registered on the National Treasury’s Central Supplier Database (CSD). This needs to be

done via their portal at https://secure.csd.gov.za/ before applying to Transnet.

General Terms and Conditions: Please Note: Failure to submit the relevant documentation will delay the vendor creation / change process.

Where applicable, the respective Transnet Operating Division processing your application may request further

or additional information from your company.

The Service Provider warrants that the details of its bank account (“the nominated account”) provided herein,

are correct and acknowledges that payments due to the Supplier will be made into the nominated account. If details of the nominated account should change, the Service Provider must notify Transnet in writing of such

change, failing which any payments made by Transnet into the nominated account will constitute a full discharge of the indebtedness of Transnet to the Supplier in respect of the payment so made. Transnet will incur no

liability for any payments made to the incorrect account or any costs associated therewith. In such an event,

the Service Provider indemnifies and holds Transnet harmless in respect of any payments made to an incorrect bank account and will, on demand, pay Transnet any costs associated herewith.

Transnet expects its suppliers to timeously renew their Tax Clearance and B-BBEE certificates (Large Enterprises

and QSEs less than 51% black owned) as well as sworn affidavits in the case of EMEs and QSEs with more than

51% black ownership as per Appendices C and D.

In addition, please note of the following very important information:

1. If your annual turnover is R10 million or less, then in terms of the DTI Generic Codes of Good Practice, you are classified as an Exempted Micro Enterprise (EME). If your company is classified as an EME, please

include in your submission a sworn affidavit confirming your company’s most recent annual turnover is less

than R10 million and percentage of black ownership and black female ownership in the company (Appendix C) OR B-BBEE certificate issued by a verification agency accredited by SANAS in terms of the EME scorecard should

you feel you will be able to attain a better B-BBEE score. It is only in this context that an EME may submit a B-BBEE verification certificate.

2. If your annual turnover is between R10 million and R50 million, then in terms of the DTI codes, you

are classified as a Qualifying Small Enterprise (QSE). A QSE which is at least 51% black owned, is required to submit a sworn affidavit confirming their annual total revenue of between R10 million and R50 million and level

of black ownership (Appendix D). O QSE ‘that does not qualify for 51% of black ownership, are required to

submit a B-BBEE verification certificate issued by a verification agency accredited by SANAS their QSEs are required to submit a B-BBEE verification certificate issued by a verification agency accredited by SANAS.

https://secure.csd.gov.za/



Page 2 of 9


Please Note: B-BBEE certificate and detailed scorecard should be obtained from an accredited rating agency

(e.g. SANAS Member).

3. If your annual turnover exceeds R50 million, then in terms of the DTI codes, you are classified as a Large Enterprise. Large Enterprises are required to submit a B-BBEE level verification certificate issued by a

verification agency accredited by SANAS.

Please Note: B-BBEE certificate and detailed scorecard should be obtained from an accredited rating agency

(e.g. SANAS Member).

4. The supplier to furnish proof to the procurement department as required in the Fourth Schedule

of the Income Tax Act. 58 of 1962 whether a supplier of service is to be classified as an “employee”, “personal service provider” or “labour broker”. Failure to do so will result in the supplier being subject to

employee’s tax.

5. No payments can be made to a vendor until the vendor has been registered / updated, and no vendor

can be registered / updated until the vendor application form, together with its supporting documentation, has been received and processed. No payments can be made to a vendor until the vendor has met / comply with

the procurement requirements.

6. It is in line with PPPFA Regulations, only valid B-BBBEE status level certificate issued by an unauthorised body or person OR a sworn affidavit as prescribed by the B-BBEE Codes of Good Practice, OR any other

requirement prescribed in terms of the Broad- Based Black Economic Empowerment Act.

7. As per the communique dated 04 March 2016 addressed to the Members of the IRBA, as of 30

September 2016, the IRBA will no longer be the 'Approved Regulatory Body' as per Code Series 000, Statement 005 of the Codes of Good Practice. Any entity that seeks to apply for B-BBEE Accreditation to issue

B-BBEE Verification Certificates post 30 September 2016 or wishes to participate in the B-BBEE Verification

Industry must thus follow the Code Series 000, Statement 005, Section 5 of the Codes of Good Practice application process to the Accreditation Body (SANAS).'



Page 3 of 9


APPENDIX A

Supplier Declaration Form

Important Notice: all organisations, institutions and individuals who wish to provide goods and/or services to organs of the

State must be registered on the National Treasury Central Supplier Database (CSD). This needs to be done via their portal at https://secure.csd.gov.za/ before applying to Transnet.

CSD Number (MAAA xxxxxxx):

Company Trading Name

Company Registered Name

Company Registration No Or ID No If a Sole Proprietor

Company Income Tax Number

Form of Entity

CC Trust Pty Ltd Limited Partnership Sole Proprietor

Non-profit (NPO’s or

NPC)

Personal Liability Co

State Owned Co

National Govt Provincial Govt Local Govt

Educational Institution

Specialised Profession

Financial Institution

Joint Venture Foreign

International Foreign Branch Office

Did your company previously operate under another name? Yes No

If YES state the previous details below:

Trading Name

Registered Name

Company Registration No Or ID No If a Sole Proprietor

Form of Entity

CC Trust Pty Ltd Limited Partnership Sole Proprietor

Non-profit (NPO’s or

NPC)

Personal Liability Co

State Owned Co

National Govt Provincial Govt Local Govt

Educational Institution

Specialised Profession

Financial Institution

Joint Venture Foreign

International Foreign Branch Office

Your Current Company’s VAT Registration Status

VAT Registration Number

If Exempted from VAT registration,

state reason and submit proof from SARS in confirming the exemption status

If your business entity is not VAT Registered, please submit a current original sworn affidavit (see example in Appendix I). Your Non VAT Registration must be confirmed annually.

Company Banking Details Bank Name

Universal Branch Code Bank Account Number

Company Physical Address

Code

Company Postal Address

Code

Company Telephone number

Company Fax Number

Company E-Mail Address

Company Website Address

Company Contact Person Name

Designation

https://secure.csd.gov.za/



Page 4 of 9


Telephone

Email

Is your company a Labour Broker? Yes No

Main Product / Service Supplied e.g. Stationery / Consulting / Labour etc.

How many personnel does the business employ? Full Time Part Time

Please Note: Should your business employ more than 2 full time employees who are not connected persons as defined in the Income Tax Act, please submit a sworn affidavit, as per Appendix II.

Most recent Financial Year’s Annual Turnover <R10Million >R10Million <R50Million

>R50Million

Does your company have a valid B-BBEE certificate? Yes No

Please indicate your Broad Based BEE status (Level 1 to 9)

1

2

3

4

5

6

7

8

9

Majority Race of Ownership

% Black Ownership % Black Women

Ownership

% Black Disabled person(s) Ownership

% Black Youth

Ownership

% White Ownership % Indian Ownership % Coloured Ownership

Please Note: Please provide proof of B-BBEE status as per Appendix C. If you qualify as an EME or QSE then provide an affidavit following the templates provided in Appendix C and D respectively. If you have indicated Black Disabled person(s) ownership, then provide a certified letter signed by a physician, on the physician’s letterhead, confirming the disability. A

certified South African Identification Document will be required for all Black Youth Ownership.

Supplier Development Information Required EMPOWERING SUPPLIER

YES NO

FIRST TIME SUPPLIER

YES NO

SUPPLIER DEVELOPMENT PLAN

YES NO

DEVELOPMENT PLAN DOCUMENT

* If Yes- Attach supporting documents

ENTERPRISE DEVELOPMENT BENEFICIARY

YES NO

SUPPLIER DEVELOPMENT BENEFICIARY

YES NO

GRADUATION FROM ED TO SD BENEFICIARY

YES NO

ENTERPRISE DEVELOPMENT RECIPIENT

YES NO

By signing below, I hereby verify that I am duly authorised to sign for and on behalf of firm / organisation and that all information contained herein and attached herewith are true and correct

Name and Surname Designation

Signature

Date

Stamp And Signature Of Commissioner Of Oaths

Name and Surname Date



Page 5 of 9


APPENDIX B

Affidavit or Solemn Declaration as to VAT registration status

Affidavit or Solemn Declaration

I, solemnly swear/declare

that is not a registered VAT

vendor and is not required to register as a VAT vendor because the combined value of taxable

supplies made by the provider in any 12 month period has not exceeded or is not expected to exceed

R1million threshold, as required in terms of the Value Added Tax Act.

Signature:

Designation:

Date:

Commissioner of Oaths

Thus signed and sworn to before me at on this the

day of 20 ,

the Deponent having knowledge that he/she knows and understands the contents of this Affidavit, and that he/she has no objection to taking the prescribed oath, which he/she regards binding on his/her conscience and that the allegations herein contained are all true and correct.

Commissioner of Oaths



Page 6 of 9


APPENDIX C SWORN AFFIDAVIT – B-BBEE EXEMPTED MICRO ENTERPRISE

I, the undersigned, ___________________________________________

Full name & Surname

Identity number

Hereby declare under oath as follows: 1. The contents of this statement are to the best of my knowledge a true reflection of the facts. 2. I am a Member / Director / Owner of the following enterprise and am duly authorized to act on its

behalf:

Enterprise Name:

Trading Name (If Applicable):

Registration Number:

Enterprise Physical Address:

Type of Entity (CC, (Pty) Ltd, Sole Prop etc.):

Nature of Business:

Definition of “Black People”

As per the Broad-Based Black Economic Empowerment Act 53 of 2003 as Amended by Act No 46 of 2013 “Black People” is a generic term which means Africans, Coloureds and Indians – (a) Who are citizens of the Republic of South Africa by birth or descent; or (b) Who became citizens of the Republic of South Africa by naturalization- i. Before 27 April 1994; or ii. On or after 27 April 1994 and who would have been entitled to acquire citizenship by naturalization prior to that date

3. I hereby declare under Oath that:

The Enterprise is ______________% Black Owned as per Amended Code Series 100 of the

Amended Codes of Good Practice issued under section 9 (1) of B-BBEE Act No 53 of 2003 as

Amended by Act No 46 of 2013;

The Enterprise is ______________% Black Woman Owned as per Amended Code Series 100 of the



The enterprise is ______________%Black youth owned; as per Amended Code Series 100 of the





Page 7 of 9


The enterprise is ______________% black disabled owned; as per Amended Code Series 100 of

the Amended Codes of Good Practice issued under section 9 (1) of B-BBEE Act No 53 of 2003 as


The enterprise is ______________% by Black people living in rural and under developed areas

as per Amended Code Series 100 of the Amended Codes of Good Practice issued under section 9 (1)

of B-BBEE Act No 53 of 2003 as Amended by Act No 46 of 2013;

The enterprise is ______________% by military veterans as per Amended Code Series 100 of the



Based on the management accounts and other information available for the _______ financial year, the income did not exceed R10, 000,000.00 (ten million rand).

Please confirm on the table below the B-BBEE level contributor, by ticking the applicable box. 100% black owned Level One (135% B-BBEE procurement recognition)

More than 51% black owned

Level Two (125% B-BBEE procurement recognition)

Less than 51% black owned

Level Four (100% B-BBEE procurement recognition)

4. I know and understand the contents of this affidavit and I have no objection to take the prescribed oath and consider the oath binding on my conscience and on the Owners of the Enterprise which I represent in this matter. 5. The sworn affidavit will be valid for a period of 12 months from the date signed by commissioner. Deponent Signature ………………………………………………. Date ……………………………………………….. Commissioner of Oaths ……………………………………………. Name & Surname Signature & Stamp



Page 8 of 9


APPENDIX D

SWORN AFFIDAVIT – QUALIFYING SMALL ENTERPRISE - GENERAL I, the undersigned, ___________________________________________

Full name & Surname

Identity number

Hereby declare under oath as follows: 1. The contents of this statement are to the best of my knowledge a true reflection of the facts. 2. I am a Member / Director / Owner of the following enterprise and am duly authorized to act on its

behalf:

Enterprise Name:

Trading Name (If Applicable):

Registration Number:

Enterprise Physical Address:

Type of Entity (CC, (Pty) Ltd, Sole Prop etc.):

Nature of Business:

Definition of “Black People”

As per the Broad-Based Black Economic Empowerment Act 53 of 2003 as Amended by Act No 46 of 2013 “Black People” is a generic term which means Africans, Coloureds and Indians – (a) Who are citizens of the Republic of South Africa by birth or descent; or (b) Who became citizens of the Republic of South Africa by naturalization- i. Before 27 April 1994; or ii. On or after 27 April 1994 and who would have been entitled to acquire citizenship by naturalization prior to that date

3. I hereby declare under Oath that:

The Enterprise is ______________% Black Owned as per Amended Code Series 100 of the


Amended by Act No 46 of 2013,

The Enterprise is ______________% Black Woman Owned as per Amended Code Series 100 of the





Page 9 of 9


The enterprise is ______________% Black Youth owned; as per Amended Code Series 100 of the



The enterprise is ______________% black disabled owned; as per Amended Code Series 100 of

the Amended Codes of Good Practice issued under section 9 (1) of B-BBEE Act No 53 of 2003 as


The enterprise is ______________% by Black people living in rural and under developed areas

as per Amended Code Series 100 of the Amended Codes of Good Practice issued under section 9 (1)

of B-BBEE Act No 53 of 2003 as Amended by Act No 46 of 2013,

The enterprise is ______________% by military veterans as per Amended Code Series 100 of the



Based on the Financial Statements/Management Accounts and other information available on the latest financial year-end of _________________, the annual Total Revenue was between R10,000,000.00 (Ten Million Rands) and R50,000,000.00 (Fifty Million Rands),

Please Confirm on the below table the B-BBEE Level Contributor, by ticking the applicable box.

100% Black Owned

Level One (135% B-BBEE procurement recognition level)

At least 51% Black Owned

Level Two (125% B-BBEE procurement recognition level)

4. I know and understand the contents of this affidavit and I have no objection to take the prescribed oath and consider the oath binding on my conscience and on the Owners of the Enterprise which I represent in this matter. 5. The sworn affidavit will be valid for a period of 12 months from the date signed by commissioner. Deponent Signature ………………………………………………. Date ……………………………………………….. Commissioner of Oaths …………………………………………….. Name and Surname Signature & Stamp

TRANSNET GROUP CAPITAL TENDER NUMBER: 1927506-S001 DESCRIPTION OF THE SERVICES: ENGINEERING SERVICES FOR CAPE TOWN CONTAINER TERMINAL PHASE 2B EXPANSION PROJECT

1

ANNEXURE T2.2-21: B-BBEE IMPROVEMENT PLAN

Transnet encourages its Suppliers/Service Providers to constantly strive to improve their B-BBEE rating. Whereas

Respondents will be allocated points in terms of a preference point system based on its B-BBEE scorecard, in

addition to such scoring, Transnet also requests that Respondents submit a B-BBEE improvement plan. Respondents

are therefore requested to indicate the extent to which the elements of their B-BBEE scorecard will be maintained or

improved over the contract period. This intent is to be submitted with their Bid proposal in the form of a B-BBEE

Improvement Plan.

Respondents are to insert their current status (%) and future targets (%) for the B-BBEE Improvement Plan [i.e.

not the % change but the end-state quantum expressed as a percentage] in the table below. This will indicate how

you intend to sustain or improve your B-BBEE rating over the contract period. On agreement, this will represent a

binding commitment to the successful Respondent.

Transnet reserves the right to request supporting evidence to substantiate the commitments made in the B-BBEE

Improvement Plan.

OWNERSHIP INDICATOR Required Responses Current

Status (%) Future

Target (%)

1. The percentage of the business owned by Black1 persons.

Provide a commitment based on the extent to which ownership in the hands of Black persons as a percentage of total ownership of the organisation would be sustained or increased over the contract period.

2. The percentage of your business owned by Black

women.

Provide a commitment based on the extent to which ownership in the hands of Black women as a percentage of total ownership of the organisation would be sustained or increased over the contract period.

3. The percentage of the business owned by Black youth2

Provide a commitment based on the extent to which ownership in the hands of Black youth as a percentage of total ownership of the organisation would be sustained or increased over the contract period.

4. The percentage of the business owned by Black persons living with disabilities

Provide a commitment based on the extent to which ownership in the hands of Black disabled persons as a percentage of total ownership of the organisation would be sustained or increased over the contract period.

5. New Entrants3 (Early stage business)

Provide a commitment based on the extent to which new entrants will be supported over the contract period.

1 “Black” means South African Blacks , Coloureds and Indians , as defined in the B-BBEE Act, 53 of 2003 2 “Black youth” means Black persons from the age of 16 to 35 3 “New Entrants” means an early stage business which is similar to a start-up. However, an early stage business is typically 3

years old or less.



2

MANAGEMENT CONTROL INDICATOR

Required Responses Current Status (%)

Future Targets (%)

6. The percentage of Black Board members in relation to the total number of Board members

Provide a commitment based on the extent to which the number of Black Board members, as a percentage of the total Board, would be sustained or increased over the contract period.

7. The percentage of Black female Board members in relation to the total number of Board members

Provide a commitment based on the extent to which the number of Black female Board members, as a percentage of the total Board, would be sustained or increased over the contract period.

8. Black Executives directors as a percentage of all executive directors

Provide a commitment based on the extent to which the number of Black executive Directors as a percentage of all Executive Directors would be sustained or increased over the contract period.

9. Black female Executives directors as a percentage of all executive directors

Provide a commitment based on the extent to which the number of Black female executive Directors as a percentage of all Executive Directors would be sustained or increased over the contract period.

Other Executive Management Required Response

Current

Status (%)

Future

Targets (%)

10. Black Executive Management as a percentage of all executive directors

Provide a commitment based on the extent to which the number of Black executive Managers as a percentage of all Executive Directors would be sustained or increased over the contract period.

11. Black Female Executive Management as a percentage of all executive directors

Provide a commitment based on the extent to which the number of Black female executive Managers as a percentage of all Executive Directors would be sustained or increased over the contract period.

Senior Management Required Response Current

Status (%) Future

Targets (%)

12. Black employees in Senior Management as a percentage of all senior management

Provide the percentage of Blacks that would be appointed or retained by the Board and would be operationally involved in the day to day senior management of the business, with individual responsibility for overall and/or financial management of the business and actively involved in the development and implementation of overall strategy, over the contract period.

13. Black female employees in Senior Management as a percentage of all senior management

Provide the percentage of Black females that would be appointed or retained by the Board and would be operationally involved in the day to day senior management of the business, with individual responsibility for overall and/or financial management of the business and actively involved in the development and implementation of overall strategy, over the contract period.

Middle Management Required Response Current Future



3

Status (%) Targets (%)

14. Black employees in Middle Management as a percentage of all middle management

Provide the percentage of Blacks that would be retained or appointed by the organisation in the middle management cadre and would be operationally involved in the day to day management of the business, with individual responsibility for a particular area within the business and actively involved in the day to day management of the organisation, over the contract period.

15. Black female employees in Middle Management as a percentage of all middle management

Provide the percentage of Blacks females that would be retained or appointed by the organisation in the middle management cadre and would be operationally involved in the day to day management of the business, with individual responsibility for a particular area within the business and actively involved in the day to day management of the organisation, over the contract period.

Junior Management Required Response Current

Status (%) Future

Targets (%)

16. Black employees in Junior management as a percentage of all junior management

Provide a commitment based on the extent to which the number of Black Junior Managers as a percentage of the total junior Managers, would be sustained or increased over the contract period.

17. Black female employees in Junior management as a percentage of all junior

management

Provide a commitment based on the extent to which the number of Black female Junior Managers as a percentage of the total junior Managers, would be sustained or increased over the contract period.

Employees with disabilities Required Response Current

Status (%) Future

Targets (%)

18. Black employees with disabilities as a percentage of all employees

Provide a commitment based on the extent to which the percentage of Black disabled employees, in relation to the total of all employees in the organisation, would be sustained or increased over the contract period.

PREFERENTIAL PROCUREMENT INDICATOR

Required Responses Current

Status (%) Future

Targets (%)

19. B-BBEE procurement spend from all Empowering

Suppliers4 based on the B-BBEE procurement

Provide a commitment based on the extent to which B-BBEE spend from all Empowering Suppliers would be sustained

4 “Empowering Suppliers” means a B-BBEE compliant entity, which should meet at least three of the following criteria if it is a

Large Enterprise or one if it is a QSE: (a) At least 25% of cost of sales excluding labour cost and depreciation must be procured from local producers or local supplier in SA, for service industry labour cost are included but capped to 15%. (b) Job creation - 50% of jobs created are for Black people provided that the number of Black employees since the immediate prior verified B-BBEE Measurement is maintained. (c) At least 25% transformation of raw material/beneficiation which include local manufacturing, production and/or assembly,

and/or packaging. (d) Skills transfer - at least spend 12 days per annum of productivity deployed in assisting Black EMEs and QSEs beneficiaries to increase their operation or financial capacity.



4

recognition level as a

percentage of total measured procurement spend

or increased over the contract period.

20. B-BBEE procurement spend from all Empowering Suppliers QSEs based on the applicable B-BBEE Procurement Recognition Levels as a percentage of Total Measured Procurement Spend

Provide a commitment based on the extent to which B-BBEE spend from Empowering Supplier QSEs would be sustained or increased over the contract period

21. B-BBEE procurement spend from Exempted Micro- Enterprise based on the applicable B-BBEE procurement recognition Levels as a percentage of

Total Measured Procurement Spend

Provide a commitment based on the extent to which B-BBEE spend from EMEs would be sustained or increased over the contract period

22. B-BBEE procurement spend from Empowering Suppliers that are at least 51% black owned based on the applicable B-BBEE Procurement Recognition Levels as a percentage of Total Measured Procurement Spend

Provide a commitment based on the extent to which spend from Empowering Suppliers who are more than 51% Black-owned would be maintained or increased over the contract period.

23. B-BBEE procurement spend from Empowering Suppliers that are at least 30% black women owned based on the applicable B-BBEE Procurement Recognition Levels as a percentage of Total Measured Procurement Spend

Provide a commitment based on the extent to which spend from Empowering Suppliers who are more than 30% Black women-owned would be maintained or increased over the contract period.

24. B-BBEE Procurement Spent from Designated Group5 Suppliers that are at least 51% Black owned

Provide a commitment based on the extent to which spend from suppliers from Designated Group Suppliers that are at least 51% Black owned would be maintained or increased over the contract period.

5 “Designated Groups” means:

a) unemployed black people not attending and required by law to attend an educational institution and not awaiting admission to an educational institution;

b) black people who are youth as defined in the National Youth Commission Act of 1996; c) black people who are persons with disabilities as defined in the Codes of Good Practice on employment of people with

disabilities issued under the Employment Equity Act; d) black people living in rural and under developed areas; and e) black military veterans who qualifies to be called a military veteran in terms of the Military Veterans Act 18 of 2011.



5

SUPPLIER DEVELOPMENT INDICATOR

Required Response Current

Status (%)

Future

Target (%)

25. Annual value of all Supplier Development6 Contributions made by the Measured entity as a percentage of the target

Provide a commitment based on the percentage in your organisation’s annual spend on Supplier Development initiatives, will be maintained or improved over the contract period.

ENTERPRISE DEVELOPMENT INDICATOR

Required Response Current Status (%)

Future Target (%)

26. The organisation’s annual spend on Enterprise Development7 as a percentage of Net Profit after Tax [NPAT]

Provide a commitment based on the retention or increase in your organisation’s annual spend on Enterprise Development initiatives, as a percentage of its Net Profit after Tax, over the contract period.

6 “Supplier Development” means monetary or non-monetary contributions carried out for the benefit of value-adding

suppliers to the Measured Entity, with the objective of contributing to the development, sustainability and financial and operational independence of those beneficiaries: (a) Supplier Development Contributions to suppliers that are Exempted Micro-Enterprises or Qualifying Small Enterprises

which are at least 51% black owned or at least 51% black women owned. Supplier Development within the contest of the B-BBEE scorecard must be differentiated from Transnet’s Supplier Development Initiatives. Whereas the former relates to the definition above, the latter relates to improving the socio-economic environment through initiatives that are committed to as part of a contract award that contribute to the development of a competitive supplier base in relation to a particular industry.

7 “Enterprise Development” means monetary and non-monetary contributions carried out for the following beneficiaries, with the objective of contributing to the development, sustainability and financial and operational independence of those beneficiaries: (a) Enterprise Development Contributions to Exempted Micro-Enterprises or Qualifying Small Enterprises which are at least 51% Black owned or at least 51% Black women owned;


Doc number: 1922705-S001-ENQ-001-Rev0 Page 1 Part C1.1. Form of Offer & Acceptance

C1.1 Form of Offer & Acceptance

Offer

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

Engineering and Construction Engineering Services for Cape Town Container Terminal Phase 2b Expansion Project

The tenderer, identified in the Offer signature block, has examined the documents listed in the Tender Data and addenda thereto as listed in the Returnable Schedules, and by submitting this Offer has accepted the

Conditions of Tender.

By the representative of the tenderer, deemed to be duly authorised, signing this part of this Form of Offer and Acceptance the tenderer offers to perform all of the obligations and liabilities of the Consultant 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 exclusive of VAT is TASK ORDER BASED

Value Added Tax @ 15% is TASK ORDER BASED

The offered total of the Prices inclusive of VAT is TASK ORDER BASED

(in words)

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 including the Schedule of Deviations (if any) to the

tenderer before the end of the period of validity stated in the Tender Data, or other period as agreed, whereupon the tenderer becomes the party named as the Consultant in the conditions of contract identified

in the Contract Data.

Signature(s)

Name(s)

Capacity

For the tenderer:

Name &

signature of

witness

(Insert name and address of organisation)

Date



Acceptance By signing this part of this Form of Offer and Acceptance, the Employer identified below accepts the

tenderer’s Offer. In consideration thereof, the Employer shall pay the Consultant the amount due in accordance with the conditions of contract identified in the Contract Data. Acceptance of the tenderer’s

Offer shall form an agreement between the Employer and the tenderer upon the terms and conditions

contained in this agreement and in the contract that is the subject of this agreement.

The terms of the contract, are contained in:

Part C1 Agreements and Contract Data, (which includes this Form of Offer and Acceptance)

Part C2 Pricing Data

Part C3 Scope of Services

Part C4 Site Information

and drawings and documents (or parts thereof), which may be incorporated by reference into the above listed Parts.

Deviations from and amendments to the documents listed in the Tender Data and any addenda thereto

listed in the Returnable Schedules as well as any changes to the terms of the Offer agreed by the tenderer and the Employer during this process of offer and acceptance, are contained in the Schedule of Deviations

attached to and forming part of this Form of Offer and Acceptance. No amendments to or deviations from

said documents are valid unless contained in this Schedule.

The tenderer shall within two weeks of receiving a completed copy of this agreement, including the Schedule of Deviations (if any), contact the Employer’s Agent (whose details are given in the Contract Data) to

arrange the delivery of any securities, bonds, guarantees, proof of insurance and any other documentation

to be provided in terms of the conditions of contract identified in the Contract Data at, or just after, the date this agreement comes into effect. Failure to fulfil any of these obligations in accordance with those terms

shall constitute a repudiation of this agreement.

Notwithstanding anything contained herein, this agreement comes into effect at the contract start date given

in the Contract Data Part 1.

Signature:

Witness:

Name(s)

Capacity

for the Employer

Transnet SOC Ltd 1st Floor, Transnet Belcon Building

Belcon Road

Bellville

7535

Date

Date



Schedule of Deviations

No. Subject Details

1

2

3

4

5

By the duly authorised representatives signing this Schedule of Deviations below, the Employer and the tenderer agree to and accept this Schedule of Deviations as the only deviations from and amendments to

the documents listed in the Tender Data and any addenda thereto listed in the Tender Schedules, as well as any confirmation, clarification or changes to the terms of the Offer agreed by the tenderer and the Employer during this process of Offer and Acceptance.

It is expressly agreed that no other matter whether in writing, oral communication or implied during the

period between the issue of the tender documents and the receipt by the tenderer of a completed signed copy of this Form shall have any meaning or effect in the contract between the parties arising from this

Agreement.

For the tenderer:

For the Employer

Signature

Name

Capacity

On behalf

of

(Insert name and address of organisation)

Transnet SOC Ltd 1st Floor, Transnet Belcon Building

Belcon Road

Bellville

7535

Name &

signature

of witness

Date


NEC3 Professional Services Cotract PAGE 1 Part C2 Doc number: 1927506-S001-ENQ-001-Rev0 C1.2: Contract Data by Consultant

C1.2 Contract Data

Part one - Data provided by the Employer

Clause Statement Data

1 General

The conditions of contract are the core

clauses and the clauses for main Option

G: Task Order Based

dispute resolution Option W1: Dispute resolution procedure

and secondary Options X 1 Price Adjustment for inflation

X2 Changes in the law

X5 Sectional Completion

X7 Delay Damages

X9: Transfer of rights

X10 Employer’s Agent

X11: Termination by the Employer

X18: Limitation of liability

Z: Additional conditions of contract

of the NEC3 Professional Services Contract

(June 2005) (amended June 2006 and April 2013)

10.1 The Employer is (Name): Transnet SOC Ltd (Registration No. 1990/000900/30)

Address

Having elected its Contractual Address for the purposes of this contract as:

Registered address: Belcon Road

Bellville

7535

Transnet Group Capital Belcon Road

Bellville

7535

Postal Address: P O Box 335

Bellville 7530

Tel No. (021) 940 1999



11.2(9) The services are Engineering Services for Cape Town Container Terminal Phase 2b Expansion

Project

11.2(10) The following matters will be included in

the Risk Register

None

11.2(11) The Scope is in Part C3.1: The Scope of the Contract Document

12.2 The law of the contract is the law of the Republic of South Africa subject to the jurisdiction of the Courts of South Africa.

13.1 The language of this contract is English

13.3 The period for reply is 2 (two) weeks

13.6 The period for retention is 3 (three) years following Completion or

earlier termination.

2 The Parties’ main responsibilities

3 Time

31.2 The starting date is 15 March 2019

11.2(3) The completion date for the whole of the

services is.

30 March 2022

31.1 The Consultant is to submit a first

programme for acceptance within

As per Task Order

32.2 The Consultant submits revised

programmes at intervals no longer than

As per Task Order

4 Quality

40.2 The quality policy statement and quality

plan are provided within

As per Task Order

41.1 The defects date is 52 (fifty two) weeks after Completion of the

whole of the services.

5 Payment

50.1 The assessment interval is on the On the 25th (twenty fifth) day of each

successive month.

50.3 The expenses stated by the Employer are Item Amount

Economy air fares Charged at proven costs,

Car hire not exceeding group B

Charged at proven costs



Accommodation – Protea Group or

Town Lodge Group or 3 Star equivalent

(maximum of R1300/night)

Charged at proven costs

51.1 The period within which payments are

made is

Payment will be effected on or before the last

day of the month following the month during which a valid Tax Invoice and Statement

were received.

51.2 The currency of this contract is the South African Rand (ZAR).

51.5 The interest rate is the prime lending rate of the Standard Bank

of South Africa.

6 Compensation events No additional data required for this section of

the conditions of contract.

7 Rights to material No additional data required for this section of


8 Indemnity, insurance and liability

81.1 The amounts of insurance and the periods

for which the Consultant maintains insurance are

Event Cover Event

failure by the Consultant to use the skill

and care normally used by professionals providing services similar to the services

Professional

Indemnity insurance for not less than

R2 000 000.00 (Two Million Rand) in

respect of each claim,

without limit to the number of claims

failure by the Consultant to use the skill and care normally used by

professionals providing services similar to the

services



death of or bodily injury to a person (not an employee of the Consultant) or loss of

or damage to property resulting from an action or failure to take action by the

Consultant

General Third Party Liability Insurance

for all amounts falling within the excess of

the policy, currently

R25 000.00 (Twenty Five Thousand Rand)

each and every claim, and/or for all

amounts in excess of

the policy limits as detailed in the policy

document or whatever the

Consultant deems

desirable in respect of each claim,

without limit to the number of claims

death of or bodily injury to a person (not an

employee of the Consultant) or loss of or

damage to property

resulting from an action or failure to take action

by the Consultant

death of or bodily injury to employees of the Consultant arising out of and in the

course of their employment in connection

with this contract

Motor Vehicle Liability Insurance

The minimum limit of indemnity for

insurance in respect

of death of or bodily injury to employees

of the Consultant arising out of and in

connection with this

contract for any one event is that which is

prescribed by the Compensation for

Occupation Injuries and Diseases Act No.

130 of 1993 as

amended.

Comprising (as a minimum) “Balance

of Third Party” Risks

including Passenger Liability Indemnity

for an amount of not less than R

5,000,000.00

death of or bodily injury to employees of the

Consultant arising out of

and in the course of their employment in

connection with this contract

Motor Vehicle Liability Insurance



81.1 The Employer provides the following insurances

Professional Indemnity insurance in respect of failure of the Consultant to use the skill

and care normally used by Professionals providing services similar to the services General Third Party Liability cover in respect of death of or bodily injury to a person (not

an employee of the Consultant) or loss of or damage to property resulting from an action

or failure to take action by the Consultant

82.1 The Consultant’s total liability to the

Employer for all matters arising under or in connection with this contract, other

than the excluded matters, is limited to

For all matters covered under the Employer’s Professional Indemnity (PI) and General Third Party Liability policy’s the Consultants

liability will be limited to the excesses

applicable under the Employer’s Professional Indemnity and General Third Party Liability

policies as detailed in the policy wordings. The current excesses amounts to R2 000 000,

00 (Two Million Rand) PI and R25 000.00 (Twenty Five Thousand) General Third Party

Liability, respectively each and every claim.

For all matters not covered under the Employer’s Professional Indemnity and

General Third Party Liability policies the Consultants liability will be limited to the

value of the contract.

9 Termination Additional data clause Z2 (Additional

Obligations in respect of termination)

10 Data for main Option clause

G Term contract

21.4 The Consultant prepares forecasts of the

total Time Charge and expenses at

intervals no longer than

4 (four) weeks.

11 Data for Option W1

W1.1 The Adjudicator is (Name) Both parties will agree as and when a dispute arises. If the parties cannot reach an

agreement on the Adjudicator, the Chairman

of the Association of Arbitrators (Southern Africa) will appoint an Adjudicator.

W1.2(3) The Adjudicator nominating body is: The Association of Arbitrators (Southern Africa)

W1.4(2) The tribunal is: Arbitration

W1.4(5) The arbitration procedure is The latest edition of the South African Rules

for the Conduct of Arbitrations (Southern

Africa)



The place where arbitration is to be held is Johannesburg, South Africa

The person or organisation who will

choose an arbitrator if the Parties cannot agree a choice or

if the arbitration procedure does not

state who selects an arbitrator, is

The Chairman of the Association of Arbitrators (Southern Africa)

12 Data for secondary Option clauses

X1 Price Adjustment for Inflation

X1.1 The index is “All items” of Table 1 (consumer price indices for the total country) in the statistical

Release P0141 “Additional Tables” as

published by Statistics South Africa

The staff rates are Fixed at the Contract Date and are not

variable with changes in salary paid to individuals

X2 Changes in the law No additional data is required for this Option

X2.1 The law of the project is South African Law

X5 Sectional Completion

X5.1 The completion date for each section of the works is:

Section Description Date

01

Completion of Scope Review and

Validation Report

31 July 2019

X7 Delay damages

X7.3 Delay damages for late Completion of the

Task Order is

R 5 000.00 / day per a Task Order

X9 Transfer of rights The Employer owns the Consultant rights

over the material prepared whatsoever for

this contract by the Consultant except as stated otherwise in the Scope. The

Consultant obtains other rights for the Employer as stated in the Scope and obtains

from a Sub-Consultant equivalent right for

the Employer over the material prepared by the Sub-Consultant. The Consultant provides

to the Employer the documents (native’s, PDF’s, CD’s, etc) all material items which

transfer these rights to the Employer.

X10 The Employer’s Agent

X10.1 The Employer’s Agent is

Name: Masimba Mtize



Address Transnet Group Capital Belcon Road

Bellville 7535

The authority of the Employer’s Agent is Fully empowered to act on behalf of the Employer for the services covered by the

contract

X11 Termination by the Employer

X11.1

X11.2

If the Employer terminates for a reason

not stated in this contract, an additional amount is due on termination which is 5%

of the difference between:

No additional data required for this section of


The forecast of the final total of the Prices in

the absence of termination and the total of the other amounts and costs included in the

in the amount due on termination.

X18 Limitation of liability

X18.1 The Consultant’s liability to the Employer for indirect or consequential loss is limited to:

Total of the Prices (excl Vat)

X18.2 The Consultant’s liability to the Employer for Defects that are not found until after

the defects date is limited to:

The cost of correcting the defect (The Total of the Prices)

X18.3 The end of liability date is 2 (Two) years after Completion of the whole of the services.

Z Additional conditions of contract

The additional conditions of contract are

Z1 Obligations in respect of Supplier Development Programme (SDP)

Z1.1 It will be a material term of this contract that the

Consultant contributes to the Supplier Development Programme promoted by the Department of Public

Enterprises of the Government of South Africa, as applied by the Employer. In response to this requirement, the

Consultant undertakes to implement the Supplier Development (SD) initiatives as per the Consultant’s Supplier Development commitments.

Z1.2

The Consultant’s SD Plan constitutes an offer to perform all its SD commitments to a minimum of 10% of the total of

the Prices and within the time period/s (every six months),

identified by the SD Milestone Dates, indicated in SD Implementation Plan as provided by the Consultant to the

Employer, and this will constitute a binding agreement.



Z1.3 In order to prevent any doubt, the Consultant’s SD commitment shall not constitute an additional

item/service/separate activity in the pricing schedule. The

value of the Consultant’s SD commitments shall be included in the total of the Prices to Provide the services. The

Employer will therefore make no specific payment for SD.

Z1.4 The milestones for the implementation of SD targets will be every six months after the Contract starting date. The

Employer’s Agent will verify the exact dates, constituting the milestones for SD, by instruction after Contract starting date. This instruction will not constitute a compensation event. The Consultant shall in its SD Plan state the

Condition (completed value of its total SD commitment) to

be met by each SD Milestone Date (every six months).

Z1.5 The Consultant shall provide Employer with Supplier

Development Implementation Plan within 20 days of the

Contract starting date.

Z1.7

The Consultant shall deliver and action its SD commitments

as outlined in the SD Implementation Plan, which progress

will be reported by the Consultant to the Employer on a monthly basis during the term of the Contract.

The Consultant shall provide to the Employer, any

documentation and/or evidence required by the Employer, which in the Employer’s opinion would be necessary to

verify whether the Consultant has met the Condition of any

SD Milestone. The Consultant shall provide the said documentation and/or evidence within the reply period

stated in the Contract. Where the Consultant fails to provide the documentation and/or evidence within the

period stated, it will be deemed that the Consultant has

failed to meet the Condition of the SD Milestone Date in question. The provision of the documentation and/or

evidence shall not constitute a compensation event.

Z1.8 If the Consultant fails to achieve any SD milestone

Condition, the Consultant shall be liable and pay to the

Employer a non-compliance penalty to the value of the full outstanding amount of each SD milestone Date Condition

not fully met.

Z1.9 The Consultant shall pay the amount due under this clause within 10 days after receipt of an invoice from the

Employer, failing which the Employer shall, without prejudice to any other rights of the Employer under this

Agreement, be entitled to:

• Claim payment of the non-compliance penalty from the

Consultant. The Employer is entitled to deduct this amount not paid by the Consultant from the next assessment of the

amount as certified by the Employer’s Agent.



Z2 Obligations in respect of Joint Venture Agreements

Z2.1 Insert the additional core clause 21.5

21.5.1 In the instance that the Consultant is a joint

venture, the Consultant shall provide the Employer with a

certified copy of its signed joint venture agreement, and in the instance that the joint venture is an ‘Incorporated Joint

Venture,’ the Memorandum of Incorporation, within 4 (four) weeks of the Contract starting date.

The Joint Venture agreement shall contain but not be limited to the following:

• A brief description of the Contract and the Deliverables; • The name, physical address, communications addresses

and domicilium citandi et executandi of each of the constituents and of the Joint Venture;

• The constituents’ interests;

• A schedule of the insurance policies, sureties, indemnities and guarantees which must be taken out by the Joint

Venture and by the individual constituents; • Details of an internal dispute resolution procedure;

• Written confirmation by all of the constituents:

i. of their joint and several liability to the Employer to Provide the services;

ii. proof of separate bank account/s in the name of the joint venture;

iii. identification of the leader in the joint venture confirming the authority of the leader to bind the

joint venture through the Consultant’s representative;

iv. Identification of the roles and responsibilities of the

constituents to provide the services.

• Financial requirements for the Joint Venture:

i. the working capital requirements for the Joint

Venture and the extent to which and manner whereby this will be provided and/or guaranteed by

the constituents from time to time; ii. the names of the auditors and others, if any, who

will provide auditing and accounting services to the

Joint Venture

Z2.2 Insert additional core clause 21.6

21.6. The Consultant shall not alter its composition or legal status of the Joint Venture without the prior approval of

the Employer.

Z3 Additional obligations in respect of Termination



Z3.1 The following will be included under core clause 90.1: In the second main bullet, after the word ‘partnership’ add

‘joint venture whether incorporate or otherwise (including

any constituent of the joint venture)’ and

Under the second main bullet, insert the following additional bullets after the last sub-bullet:

• commenced business rescue proceedings • repudiated this Contract

Z3.2 Clause 90.5 is added as an additional clause Where all or part of the Services are suspended for a

period of six months or more either party may terminate

the Contract by notifying the other.

Z4 Right Reserved by the Employer

to Conduct Vetting through SSA

Z4.1 The Employer reserves the right to conduct vetting through State Security Agency (SSA) for security clearances

of any Consultant who has access to National Key

Points for the following without limitations:

1. Confidential – this clearance is based on any information which may be used by malicious,

opposing or hostile elements to harm the objectives and functions of an organ of state.

2. Secret – clearance is based on any information, which may be used by malicious, opposing or

hostile elements to disrupt the objectives and functions of an organ of state.

3. Top Secret – this clearance is based on information, which may be used by malicious, opposing or

hostile elements to neutralise the objectives and functions of an organ of state.

Z5 Additional Clause Relating to the Employer’s rights to take appropriate action

Z5.1 The contract award is made without prejudice to any rights the Employer may have to take appropriate action later with regard to:

Any declared, exposed or confirmed bid rigging.


Politically Exposed Persons including any allegations with regards to State Capture.




Blacklisting by any State Entity on the National Treasury database.

Z6 Protection of Personal Information Act

Z6.1 The Employer and the Consultant are required to process

information obtained for the duration of the Agreement in a manner that is aligned to the Protection of Personal

Information Act.

Z7 Time

Z7.1 Clause 33.2. is added as an additional clause The Employer may at any time suspend part or all of the

services. As a consequence, if the Consultant is required to demobilise and then remobilise its staff and equipment, the Consultant will be reimbursed at cost. The Consultant will

be required to reduce and mitigate all its costs during the period of suspension and will be entitled to compensation

only to the extent that it can demonstrate it has incurred costs which were not capable of being mitigated.

Z8 Compensation Events

Z8.1 Clause 61.4: The first bullet point is amended to read as follows: arises from the fault, error, negligence or default

of the Consultant.

Z9 Limitation of liability

Z9.1 Add to core clause 82.1 and X18

For the avoidance of doubt the parties expressly agree that

the total liability of the Consultant to the Employer applies

jointly and severally across all organisations comprising of the Consultant.

Z10 Additional clauses relating to

cession of rights

Z10.1 The Consultant shall not cede any rights under this

contract without the approval of the Employer.

Z10.2 The Employer may on written notice to the Consultant cede and assign its rights and obligations under this contract to

any of its subsidiaries or any of its present divisions or operations which may be converted into separate legal

entities as a result of the restructuring of the Employer.



C1.2 Contract Data

Part two - Data provided by the Consultant The tendering consultant is advised to read both the NEC3 Professional Services Contract (April 2013) and

the relevant parts of its Guidance Notes (PSC3-GN) in order to understand the implications of this Data which the tenderer is required to complete. An example of the completed Data is provided on pages 151 to

159 of the PSC3 Guidance Notes.

Completion of the data in full, according to Options chosen, is essential to create a complete contract.

Clause Statement Data

10.1 The Consultant is (Name):

Address

Tel No.

Fax No.

22.1 The Consultant’s key persons are:

1 Name:

Job:

Responsibilities:

Qualifications:

Experience:

2 Name:

Job

Responsibilities:

Qualifications:

Experience:

Info. CV's (and further key persons data including

CVs) are appended to Tender Schedule entitled.

11.2(10) The following matters will be included in the Risk Register

11.2(13) The staff rates are: name/designation rate

50.3 The expenses stated by the Consultant are item Amount

G Term contract

11.2(25) The task schedule is in



1

NEC3 PROFESSIONAL SERVICES CONTRACT

Part C2: Pricing Data Doc number: 1927506-S001-ENQ-001-Rev0

C2.1 & 2: Pricing Assumptions & Pricing Schedule

PART C2: PRICING DATA

Document reference

Title No of pages

C2.1 Pricing instructions: Option G 3

C2.2 Pricing Schedule 4



2




C2.1 Pricing assumptions: Option G

C2.1.1 Pricing Instructions

1) The Consultant shall be paid under NEC PSC Option G for services performed. The scope Review and Value Engineering Task order will be activity based.

2) Identified and defined 11 terms 11.2

(17) The Price for Services Provided to Date is, for each Task, the total of the Time Charge for work which has been completed on time based items on the

Task Schedule and

a proportion of the lump sum price for each other item on the Task Schedule which is the proportion of work completed on that item.

(20) The Prices are the Time Charge for items described as time based on the Task Schedule and the lump sum price in the Task Schedule for each other item.

(21) A Task is work within the services which the Employer may instruct the Consultant to carry out within a stated period of time. (22) Task Completion is when the Consultant has done all the work which the Task Order requires him to do by the Task Completion Date, and corrected Defects which would have prevented the Employer or Others from using the services and Others from doing their work. (23) Task Completion Date is the date for completion stated in the Task Order unless later changed in accordance with this contract. (24) A Task Order is the Employer’s instruction to carry out a Task. (25) The Task Schedule is the task schedule unless later changed in accordance with this contract.

3) Any Defined Costs, such as fieldwork done by sub-consultants, sub-contractors will be dealt with in terms of the applicable NEC clauses.

4) The staff hourly rates are the prices charged for staff and shall include for all the costs to the Consultant, including basic salary, any additional payments or benefits and social costs, overhead charges incurred as part of normal business operations including the cost of management, as well as payments to administrative, clerical and secretarial staff used to support professional and technical staff in general.

5) The total annual cost of employment of a person is the total amount borne by the Consultant in respect of the employment of such a person per year, calculated at the amounts applicable to such a person at the time when the services are rendered, including basic salary, or a nominal market related salary, fringe benefits not reflected in the basic salary, including normal annual bonus; Employer’s contribution to medical aid; group life insurance premiums borne by the Consultant; the Consultant’s contribution to a pension or provident fund; and all other benefits or allowances payable in terms of a letter of appointment, including any transportation allowance or company vehicle benefits, telephone and / or computer allowances, etc; and amounts payable in terms of an Act. All benefits and any other costs borne by the consultant shall be carried by the consultant and included for in the hourly rate. Costs that are not defined shall be included in the rate and Transnet SOC shall not cover newly introduced costs other than the rates and defined items within this document.

6) OFF-SITE hourly rates (Part C.2.2) for salaried staff include: “Work Site Facilities and Equipment” including all PPE (As per PPE policy ) etc., workstations and IT items.

7) ON-SITE hourly rates (Part C.2.2) for salaried staff include: all items identified above however where a consultant is required to establish works on-site, Transnet SOC shall cover the costs of “Work Site Facilities and Equipment” ; items as set out but not limited to that set out in Part 3 The Scope of this



3




document. PPE, and IT workstations and network costs (if any) for staff permanently deployed to site

shall still be covered by the Consultant and recovered as disbursements.

8) Staff rates are based on a 40-hour working week and include all burdens included in 3 above and that staff total cost to company rates are amortised within the 45 hour week over a 12 month period.

9) Approved overtime rates are to be at a rate exclusive of all burdens detailed in item 3 above.

10) The staff rates derived from the Pricing Schedule exclude value added tax.

11) Staff Rates quoted must be categorised in line with each of the built environment disciplines

a. The Engineering Council of South Africa ECSA scale of categories of Rates, (A,B,C or D)

b. SACQSP

c. SACCMPMP

d. Or where not defined by a statutory body or registered industry body the definition of the work function and qualifications and experience required shall be approved by the Employers Agent before any work commences.

12) The cost of a director or member providing strategic guidance in planning and executing a task order completed by a staff resource shall be covered as an overhead deemed to be included in the staff resource’s hourly rate.

C2.1.2 Expenses

Expenses shall be as follows:

1) Travel expenses may only be claimed in respect of the cost of transportation of the Consultant’s staff from their usual place of business to the jobsite, and return from the jobsite to Consultant's usual place of business. Travel will be reimbursed at the rate included in this contract.

2) All air travel and accommodation needs to be pre-approved by the Employer’s Agent in writing if it is not specifically included in an approved task order. The Employer will cover the costs of pre-approved air travel and accommodation at cost as well as the hourly rate for the clerical staff administering the procurement of these services and their reimbursement from this contract.

3) All air travel shall be in accordance with the Transnet Travel Policy and be billed as a disbursement.

4) All persons defined in the price list (C2.2) are classified as non-executive and shall travel economy class for domestic flights.

5) Accommodation means a

a) bed and breakfast;

b) guest house;

c) self catering; or

d) hotel having a star rating of 1, 2 or 3

As defined by the Tourism Grading Council of South Africa (see www.tourismgrading.co.za).

Note: A lodge, country house or 4 star or higher star rated hotel is not accommodation. Any stay in such a facility cannot be claimed as an expense.

6) The cost of breakfast will be deemed to be included in the accommodation cost and must be procured by the Consultant accordingly.

http://www.tourismgrading.co.za/



4




7) A hired car means a motor vehicle having an engine capacity of not more than 1600cc.

Note: A hired car having an engine capacity greater than 1600cc is not a hired car and cannot be claimed as an expense.

C2.1.3 Project bonds and permits

1) Any bonds, permits and/or special licences which the Employer formally requests the Consultant to obtain shall be reimbursed at cost.

C2.1.4 Audits and Monitoring

1) Business between the Consultant and Employer is conducted on an open book basis. The Employer is entitled to have external auditors inspect the books of the Consultant in so far as they pertain to the execution of the projects and has the rights to have its external auditors audit any invoice submitted by the Consultant and any relevant information which may affect the amounts due to the Consultant.



5

NEC3 PROFESSIONAL SERVICES CONTRACT Part C2: Pricing Data

Doc number: 1927506-S001-ENQ-001-Rev0 C2.1 & 2: Pricing Assumptions & Pricing Schedule

C2.2 Pricing Schedules C2.2.2 Task Order Schedule – Scope Review and Value Engineering

Task Order 1

Scope Review and Validation Exercise

ITEM NO SUGGESTED TASK SCHEDULE ACTIVITIES - TASK ORDER 1 UNIT QUANTITY TOTAL PRICE NOTES

1 Meetings

1.1 Progress Meeting Sum 12

1.2 Technical Design Meeting/Workshop

Sum 4

1.3 Stakeholder Engagement Sum 6

1.4 Presentation (Durban) Sum 1

1.5 Presentation (Johannesburg) Sum 1

1.6 Presentation (Cape Town) Sum 1

2 Review and validation Exercise (All items to comply with the

deliverables stated in the PSC)

2.1 Develop and maintain stakeholder register Sum 1

2.2 Perform review and validation study including Sum 1

2.3 Rail Capacity Study Report Sum 1 Ref Section 3.2.1.

2.4 Traffic Study Report Sum 1 Ref Section 3.2.2.



6

NEC3 PROFESSIONAL SERVICES CONTRACT Part C2: Pricing Data

Doc number: 1927506-S001-ENQ-001-Rev0 C2.1 & 2: Pricing Assumptions & Pricing Schedule

2.5 Specialist Pavement Study Report Sum 1 Ref Section 3.2.5

2.6 Provide review report of the as built paving design Sum 1

2.7 Provide report recording outcomes of field tests i.e. Geotech, XRAY, visual

inspections Sum 1

2.8 Final consolidated report on the pavement study Sum 1

2.9 Truck Staging Area Report Sum 1

Ref Section 3.2.3

2.10 Selection of an optimized container terminal expansion scope Sum 1

Ref Section 3.2.4

2.11 Consolidate options (Drawings, report and presentation format) to achieve an

annual terminal throughput volume of 1.4 million TEU Sum 1

2.12 Develop the selected criteria in a presentation format to a level that is

satisfactory for the purpose of scoring in the multi-criteria analysis matrix Sum 1

2.13 Provide feasibility describing the optimized solution, its process for selection

and the differences between the original Phase 2B design Sum 1

2.14 Provide conceptual layout/Presentation/Report drawing of the selected

solution. Sum 1

2.15 Perform presentations on scope at three locations as outlined in the Works

information Sum 1

TOTAL PRICE EXCLUDING VAT R



1




C2.2.2 Pricing Schedule – Office Based The staff rates are:

Category

All Disciplines

Basis of staff rate, excluding VAT

ECSA Category Applicable parameter

Normal Time

1. Principals / Directors

Rate per hour in Rand

R \ hour

2. Senior Consultant R \ hour

3. Engineering and Project Managers

R \ hour

4. Associates and Consultants R \ hour

5. Engineering Lead R \ hour

6. Specialists R \ hour

7. Senior Engineers and Technologists

R \ hour

8. Engineers R \ hour

9. Intermediate Engineers R \ hour

10. Junior Engineers R \ hour

11. Technologists R \ hour

12. Senior Designers and Technicians

R \ hour

13. Designers and Technicians R \ hour

14. Intermediate Designers and Technicians

R \ hour

15. Junior Designers and Technicians

R \ hour

16. Draughtsmen (CAD Operator) R \ hour

17. Technical Assistant R \ hour

18. Project Support Technicians R \ hour

19. None Technical staff (data capture, clerical, travel & accommodation administrator)

R \ hour



2




C2.2.3 Pricing Schedule – Execution Design Support and Site Construction Monitoring The staff rates are:

Category

All Disciplines

Basis of staff rate, excluding VAT

ECSA Category

Applicable parameter

Normal Time


Overtime

1 Resident Engineer

Rate per hour in Rand

R \ hour R \ hour

2 Quantity Surveyor R \ hour R \ hour

3 Cost Engineer R \ hour R \ hour

4 Planner R \ hour R \ hour

5 Construction Manager R \ hour R \ hour

6 Project Support Co-ordinator R \ hour R \ hour

7 Safety Agent R \ hour R \ hour

8 Safety Officer R \ hour R \ hour

9 Environmental Officer R \ hour R \ hour

10 Quality Officer R \ hour R \ hour

11 Site Supervisor / (NEC3 Supervisor) R \ hour R \ hour

12 Clerk of Works R \ hour R \ hour

13 Project Administrator R \ hour R \ hour

14 Project Support Co-ordinator R \ hour R \ hour

The expenses are:

Category Basis of expense, excluding VAT


Vehicles

Engine Capacity (1600cc or less)

3star or lower

R per km

NOTE: THE FINANCIAL OFFER SCORE SHALL BE DERIVED FROM A SIMULATION OF ESTIMATED

MANHOURS, EXPENSES AND OTHER COSTS UTILIZING RATES AND FACTORS THAT HAVE BEEN

ENTERED ABOVE BY THE TENDERER.

ESTIMATES OF MANHOURS (BY THE EMPLOYER), EXPENSES AND OTHER COSTS INCLUDED IN THIS

SIMULATION WILL BE UNIFORM FOR ALL TENDERERS.



NEC3 CONTRACT Part C3: Scope of Services

Doc Number: 1924701-S001-ENQ-001-Rev0

Page 1 of 54

PART C3: SCOPE OF SERVICES

Document

reference

Title No of

page

This cover page 1

The Scope 53

Total number of pages 54





Page 2 of 54

TABLE OF CONTENTS

LIST OF TABLES ................................................................................... 4

LIST OF FIGURES ................................................................................. 4

1 DESCRIPTION OF THE SERVICES ............................................... 5

1.1 Executive Summary ............................................................................................ 5

1.2 Employer’s objectives ......................................................................................... 6

1.3 Interpretation and Terminology ........................................................................... 7

2 BACKGROUND INFORMATION .................................................. 10

2.1 Container Stacking Areas (Areas 350, 360 and 370) ........................................ 11

2.2 Coaster Berth Backup Area (Area 380) ............................................................. 11

2.3 PIP Site Bridge and Associated Road Works (Area 440) .................................. 11

2.4 The Truck Staging Area and Associated Road Works (Area 420) ..................... 12

2.5 Buildings ........................................................................................................... 12

2.6 Rail Marshalling Yard ........................................................................................ 13

2.7 The Way Forward ............................................................................................. 13

3 THE SCOPE .................................................................................. 14

3.1 Outline of Scope ............................................................................................... 14

3.2 Scope Review, Optimization & Validation.......................................................... 15

3.3 Design Development ......................................................................................... 21

3.4 Environmental and Social Governance ............................................................. 25

3.5 Administration and Disbursement Costs............................................................ 26

3.6 FEL-4 Design and Engineering Construction Services ...................................... 26

3.7 Completion of the Services ............................................................................... 27

4 THE EMPLOYER’S DESIGN ........................................................ 29

5 SITE ACCESS AND FACILITIES .................................................. 30

5.1 Access to the Port of Cape Town ...................................................................... 30

5.2 Use of Vehicles within the Port .......................................................................... 30

5.3 Personal Protective Equipment (PPE) ............................................................... 30

5.4 Health and Safety Facilities on Site ................................................................... 30

5.5 Environmental Controls on Site ......................................................................... 30

5.6 Co-Operating with and Obtaining Acceptance from Others ............................... 30





Page 3 of 54

5.7 Publicity and Photographs ................................................................................ 31

5.8 Facilities Provided by the Employer .................................................................. 31

5.9 Facilities Provided by the Consultant ................................................................ 31

6 GOVERNING CODES, STANDARDS & SPECIFICATION ........... 32

7 LIST OF DRAWINGS .................................................................... 35

7.1 Drawings issued by the Employer ..................................................................... 35

7.2 Drawing Submissions ........................................................................................ 35

SECTION 2 ........................................................................................... 36

8 GENERAL ..................................................................................... 36

8.1 Project Documentation Deliverables ................................................................. 36

8.2 Consultant’s Responsibilities ............................................................................. 37

8.3 Procedure for submission and acceptance of Consultant’s Design ................... 38

8.4 Use of Consultant’s Design ............................................................................... 38

8.5 Review and Acceptance of Consultant Documentation ..................................... 38

8.6 Safety risk management ................................................................................... 38

8.7 Environmental constraints and management .................................................... 39

8.8 Quality assurance requirements ........................................................................ 40

8.9 Programming constraints .................................................................................. 41

8.10 Insurance provided by the Employer ................................................................. 42

8.11 Contract change management .......................................................................... 42

8.12 Records of Defined Cost, Payments & Assessments of Compensation Events

Kept by Consultant .......................................................................................................... 42

9 ANNEXURES ................................................................................ 43

9.1 ANNEXURE A................................................................................................... 44

9.2 ANNEXURE B................................................................................................... 45

9.3 ANNEXURE C .................................................................................................. 46

9.4 ANNEXURE D .................................................................................................. 47

9.5 ANNEXURE E................................................................................................... 48

9.6 ANNEXURE F ................................................................................................... 49

9.7 ANNEXURE G .................................................................................................. 50

9.8 ANNEXURE H .................................................................................................. 51

9.9 ANNEXURE I .................................................................................................... 52

9.10 ANNEXURE J ................................................................................................... 53





Page 4 of 54

9.11 ANNEXURE K................................................................................................... 54

LIST OF TABLES

Table 1: List of Abbreviations ..................................................................................... 7

Table 2: Capacity Forecast ...................................................................................... 19

Table 3: Codes, Standards and Specifications ......................................................... 32

Table 4: Annexures .................................................................................................. 43

LIST OF FIGURES

Figure 1: Locality plan indicating key areas of the container terminal ........................ 5

Figure 2: Cape Town Container Terminal Phase 2B work locations ........................ 10

Figure 3: Phase 2B expansion Proposed PIP Site Bridge ........................................ 11

Figure 4: Phase 2B Truck Staging Area ................................................................... 12

Figure 5: Phase 2B scope areas including the container stacking areas to be

resurfaced ................................................................................................................ 16

Figure 6: FEL 4 PLP Deliverables Chart .................................................................. 27





Page 5 of 54

1 DESCRIPTION OF THE SERVICES

1.1 Executive Summary

The expansion of the Cape Town Container Terminal, undertaken between 2007 and

2012, was required to cater for the infrastructure & operational challenges associated

with demand growth in containerised cargo. The target for this expansion was to design

a container terminal capable of handling 1.4 million TEUs per annum. Due to the

decrease in volume growth that has occurred as a result of the global economic

downturn in 2008/2009, Phase 2 of this project was split into Phase 2A & 2B. Phase 2A

has already been implemented to provide capacity of 1 million TEUs per annum. Phase

2B was deferred until the trigger point of 0.8 million TEUs per annum was reached. The

terminal has now reached this trigger point. The high level work prescribed in the original

Phase 2B solution is as follows:

Resurfacing of Long Quay Areas 350, 360 & 370 (as per Figure 1: Locality plan

indicating key areas of the container terminal). This will enable the stack height for

loaded containers to be increased from 3 high to 5 high;

Resurfacing of the Coaster Berth Area 380 (as per Figure 1: Locality plan indicating

key areas of the container terminal);

The construction of the Port Industrial Park Access Bridge which would link the port

to the 14.5 hectare Port Industrial Park (PIP), owned by Transnet Property and

currently leased to the South African Container Depot (SACD) and associated

ancillary road works;

The construction of a new truck staging area, associated access roads and ancillary

works which can handle a buffer time of 2 hours with a throughput of 2 million

TEUpa;

The installation of an automated entrance gate and associated instrumentation at

this new truck staging area which would be linked to the NAVIS system;

The relocation of existing rail lines in order to create space for the new truck staging

area, the design and construction of new rail sidings and associated works; and

Modification, demolition and construction of any structures and services as required

in order to execute the items listed above.

The locality plan, indicated in Figure 1: Locality plan indicating key areas of the

container terminal below, provides an overview of key areas referenced in this

document:

Figure 1: Locality plan indicating key areas of the container terminal





Page 6 of 54

1.2 Employer’s objectives

The Employer’s objective for this project is to review, optimize and validate the

previously defined scope for the Phase 2B Expansion and complete a Feasibility (FEL

3) study in accordance with the Transnet Project Lifecycle Process (PLP) for the Cape

Town Container Terminal Phase 2B Expansion project.

The key objectives of this study will be to review, optimize and validate the original Phase

2B solution and to complete a feasibility study (FEL3) for the project based on the

outcomes. This being an NEC Option G contract, certain portions of this work may be

excluded from this contract. However, the following stages of the study are considered

to be to be inclusions in the scope:

a scope review optimize & validate phase (primary contract scope); and

a feasibility design phase (provisional contract scope)

an execution design and site construction monitoring phase (provisional contract

scope)

As part of the scope review, optimization & validation phase, a specialist study will be

conducted on the container terminal’s container stacking areas. This study will

determine the mean time to failure of the existing pavement if the container stacking

arrangement is changed from 3-high to 5-high without any changes to the existing

paving. Various variables will need to be taken into account such as the current condition

of the pavement, sub-surface conditions and the expected future loading. The output of

this study will inform the Employer as to whether an upgrade to the pavement is required

in the short term or whether a deferral of capital investment would be possible.

Alternative designs to accommodate 5 high container stacking will also need to be

considered.

The scope review, optimization & validation phase will also include a review of the design

for the development of a new truck staging as proposed in the previously developed

scope. This design involves the uplifting of a portion of the rail marshalling yard (which

was under-utilised at the time) and the conversion of this area into a new truck staging

area. With the new cargo forecasts involving increased container volumes on rail,

alternative design(s) for the truck staging need to be considered together with a review

of the capacity of the rail infrastructure within the port to handle the forecasted rail

container volumes.

The previously defined Phase 2B scope also includes the construction of a proposed

bridge (“the PIP Site Bridge”) which would serve to connect the port to the Port Industrial

Park – a back of port area which was recently acquired by Transnet. The scope review,

optimization & validation study needs to inform a decision on whether the PIP Site Bridge

is required in order to achieve the 1.4mTEUpa throughput capacity or whether it can be

indefinitely deferred. All indications are that the bridge will not be required however, this

needs to be confirmed as part of the study. Traffic studies are also needed to support

the development of alternative layouts for the truck staging area, entrance and exit

routes from the container terminal and roads impacted by the inclusion or exclusion of

the PIP site bridge and associated works.





Page 7 of 54

Following the completion of the scope review optimization & validation phase, a

“feasibility design’ (FEL3) phase of the project will ensue. The Employer will take a

decision at that stage whether to include a portion of the FEL3 detailed design phase in

this contract or not. This decision will be at the Employer’s sole discretion. Depending

on the outcome of the scope review, optimization & validation phase, it will be

determined what portion of the original design work, done previously by others in the

deferred Phase 2B, can be re-used and what portion will need to be re-designed. A

possible peer review, followed by an internal Transnet gate review of the deliverables

produced during the two phases will conclude this phase of the project.

Should the project proceed to execution (FEL4), the Employer will again, in its sole

discretion, decide whether to include a portion of the FEL4 engineering design and

construction engineering support (site construction monitoring and alignment with

designs) in this contract by means of further task order(s).

1.3 Interpretation and Terminology

The following abbreviations are used in this document:

Table 1: List of Abbreviations

Abbreviation Meaning given to the abbreviation

BBBEE Broad Based Black Economic Empowerment

BO Berth Occupancy

CD Compact Disc

CDR Consultant Documentation Register

CDS Consultant Documentation Schedule

CEMP Construction Environmental Management Plan

CIRP Consultant’s Industrial Relations Practitioner

CM Construction Manager

CRL Consultant Review Label

CSHEO Consultant’s Safety, Health and Environmental Officer

CTCT Cape Town Container Terminal

DOL Department of Labour

DTI Department of Trade and Industry

DWG Drawings

DWT Dead Weight Tonnage





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ECSA Reg.

Section 3: Guideline for Scope of Services in

Government Gazette no. 39480 Vol. 606 Engineering

Profession Act (46/2000): Guideline for services and

processes for estimating fees for persons registered in

terms of the Engineering Profession Act or later

version

EDI Electronic Data Interchange

EO Environmental Officer

HAZCON Hazards in Construction Study

HAZOP Hazard and Operability Study

HSSP Health and Safety Surveillance Plan

INC Independent Nominated Consultant

IP Industrial Participation

IPO Industrial Participation Obligation

IPP Industrial Participation Policy

IPS Industrial Participation Secretariat

ISO International Organisation for Standards

JSA Job Safety Analysis

MCA Multi-Criteria Analysis

MHC’s Mobile Harbour Cranes

MPT Multi-Purpose Terminal

Native Original electronic file format of documentation

OEM Original Equipment Manufacturer

OPEX Operating Expenditure

ORS Owner Requirement Specification

PES Project Environmental Specifications

PHA Preliminary Hazard Assessment

PIP Port Industrial Park

PIRM Project Industrial Relations Manager

PIRPMP Project Industrial Relations Policy and Management

Plan





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PLA Project Labour Agreements

PLP Project Lifecycle Process

ProgEM Programme Environmental Manager

ProjEM Project Environmental Manager

PSIRM Project Site Industrial Relations Manager

PSPM Project Safety Program Manager

PSSM Project Site Safety Manager

QA Quality Assurance

R&D Research and Development

RTG Rubber Tyre Gantry

SACD South African Container Depot

SANS South African National Standards

SASRIA South African Special Risks Insurance Association

SES Standard Environmental Specification

SHEC Safety, Health and Environment Co-ordinator

SHEQ Safety, Health Environment and Quality

SI International System of Units (Metric)

SIP Site Induction Programme

SMP Safety Management Plan

SSRC Site Safety Review Committee

TEU Twenty-Foot Equivalent Unit

TFR Transnet Freight Rail

TGC Transnet Group Capital

TIA Traffic Impact Assessment

TNPA Transnet National Ports Authority

TPT Transnet Port Terminals





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2 BACKGROUND INFORMATION

The Port of Cape Town is a driver of economic development in the Western Cape. The

Port services a large hinterland, being the port of import for cargo destined for the motor

industry in Gauteng. Other cargo, such as fruit, is brought by road from the Northern Cape

to the Port for export. The proposed project will have a direct impact on the ability of the

Port of Cape Town Container Terminal to meet future cargo demands.

Expansion of the Cape Town Container Terminal was undertaken between 2007 and

2012 to cater for the growth in containerized cargo, the general increase in the physical

size of container vessels, and to address a lack of container stacking area in the Port of

Cape Town. Due to the worldwide economic downturn, the original objective of increasing

the capacity of the Container Terminal to 1.4 million TEUs per annum was rationalized to

1 million TEUs per annum by splitting the land-side works into two phases. The quayside

and basin portions of the project (Phase 1) and the land-side works to accommodate 1

million TEUs per annum (Phase 2A) have been completed. With the continued growth in

containerized cargo, it has become necessary to execute the second phase (Phase 2B)

of the landside works to obtain the original planned for capacity of 1.4 million TEU per

annum.

The work to be undertaken does not represent new scope, but the continuing of the

previously approved project. At the time of deferment, this project was in the execution

phase with the deferment a result of economic conditions, and not project related. It will

be necessary to review and revalidate the Phase 2B scope. This will include revision of

the documents and drawings for Phase 2B that were generated for the original 1.4 million

TEUs solution, which have already undergone significant levels of design completion, but

were never implemented.

The paving upgrade works as planned in the deferred Phase 2B scope are shown as

areas 350, 360 and 370 in Figure 2 below:

Figure 2: Cape Town Container Terminal Phase 2B work locations





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2.1 Container Stacking Areas (Areas 350, 360 and 370)

During the Phase 2A project, areas 330 and 340 (as per Figure 2 above) were re-paved

to enable 5 high container stacking and were reconfigured to accommodate Rubber

Tired Gantry (RTG) operations. However, in areas 350, 360 and 370, only the minimum

amount of work required to reconfigure the stacks was undertaken and the paving has

not been replaced or upgraded. As a result, the stacking in these areas has been limited

to three high. In order to enable 5 high container stacking, based on the previous

designs, the concrete paving in these areas may need to be upgraded, taking into

account stormwater drainage and any other associated requirements.

2.2 Coaster Berth Backup Area (Area 380)

Area 380 may need to be reconfigured and surfaced to accommodate the capacity lost

during the resurfacing of the areas 350, 360 and 370. This block is currently gravel and

interlocking paving and was previously used by the South African Container Depot

(SACD) to stack empty containers.

Since the relocation of SACD to the Port Industrial Park Site, the terminal has used

this area as an overflow for the empty container stack. Both Areas 370 and 380 require

further design work.

2.3 PIP Site Bridge and Associated Road Works (Area 440)

Figure 3: Phase 2B expansion Proposed PIP Site Bridge

The Port Industrial Park (PIP) consists of a 14.5 Hectare site adjacent to the Port of

Cape Town. This site is owned by Transnet and has been previously developed by

TNPA with basic services to allow port related industries to develop adjacent to the port.

Approximately half the PIP Site area has been used for the relocation of the SACD who

previously occupied a portion of Area 380.





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The deferred works proposed for PIP Site Bridge serves to link the port with the PIP Site

via a bridge over Marine Drive. This link remains a possible part of the port’s future

expansion plans as it offers a safe and efficient route for container trucks moving

between the PIP site and the container terminal and will enhance the value of the PIP

site land if it is more directly connected to the port. The original phase 2B solution

includes a design for the PIP Site Bridge which has been taken to ‘Issue for Tender’

status.

2.4 The Truck Staging Area and Associated Road Works (Area 420)

Figure 4: Phase 2B Truck Staging Area

The temporary Phase 2A container terminal staging facility has insufficient truck staging

space resulting in queues backing up onto Duncan. A new entrance facility and truck

staging area was designed as part of Phase 2B which would accommodate trucks

corresponding with a 2millionTEUpa terminal capacity. The Phase 2B proposal was to

convert a portion of the existing terminal rail marshalling yard, which is under-utilized,

into a terminal truck staging area to smooth traffic flows and relieve congestion. It was

proposed to include the Automated Gate System with Optical Camera Recognition in

the new staging area. This system was meant to be based on the technologies of the

Durban container terminal (DCT) but customized to suit Cape Town Container Terminal

and compliant to the relevant modern specification.

2.5 Buildings

The only buildings planned for inclusion within Phase 2B scope are the truck driver

ablution facilities for the new truck staging area. However, the possibility of renovating

existing buildings to accommodate operational and administrative staff is being

considered. The Employer may decide to include this work as an additional task order(s)

in this contract at a later stage.





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2.6 Rail Marshalling Yard

The rail marshalling yard has been under-utilized in the past and it was proposed in

Phase 2B scope to use a portion of this area for a truck staging area. In order for the

marshalling yard to be converted, Transnet Freight Rail requested that new rail sidings

be provided to the North of the existing marshalling yard as a replacement. Further,

provision has been made to maintain rail connectivity with the rest of the port through

the rail connection to the Duncan Dock area.

2.7 The Way Forward

Approximately six years have passed since the completion of Phase 1 and Phase 2A.

The change in cargo forecasts and the passing of time, it cannot be assumed that the

deferred scope for Phase 2B is still the most appropriate and cost effective proposal to

be implemented to reach the required 1.4 million TEUs per annum capacity.

A scope review, optimization & validation study is thus required. This will include the

undertaking of various studies, investigations, value engineering and validation to

ensure that the 1.4 million TEUs per annum capacity is attained in the most efficient and

cost effective manner, with minimal disruption to terminal operations.





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3 THE SCOPE

3.1 Outline of Scope

The scope for this phase of the contract is divided into two main portions: the first being

the scope review, optimization & validation portion (primary contract scope) and the

second being the Feasibility study (FEL 3) which includes the design development and

Environmental and Social Governance deliverables (provisional contract scope). This

will include:

Scope review, optimization & validation

o Container Stacking Area Pavement Study including preliminary geotechnical

investigative work

o Truck Staging Area Study

o Rail Capacity Study

o Traffic Study (including assessment of PIP site bridge requirement)

Design development (provisional)

o Fieldwork as a result of the optimised scope for the expansion

o Geotechnical work

o Engineering surveys

o Exploration of underground services

o Long quay (Area 350, 360 and 370) detailed design;

o Truck staging area detailed design;

o Automated gates (entrance and exit) detailed design;

o Port industrial park bridge detailed design;

o Rail infrastructure detailed design;

o Ancillary road works detailed design; and

o Associated infrastructure detailed design e.g. ablution blocks.

Environmental and Social Governance

o Baseline Data Collection;

o Environmental Design Criteria;

o Environmental Authorisation;

o Environmental management Plan;

o Permitting;

o Social Risk;

o Screening and Project Sustainability; and

o Equator Principle Assessment.





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3.2 Scope Review, Optimization & Validation

A considerable amount of time has elapsed since the Phase 2B solution was produced

and changes have occurred on a macro-economic as well as on a micro-economic

scale. These changes include:

Shift in business strategy to asset light solutions,

Emphasis placed on optimisation of port efficiency,

Changes in the port infrastructure post phase 2A,

Operational changes i.e. stacking methodology and equipment

Changes in the cargo split between road and rail,

Changes in cargo handling (percentage of trans-shipments, hinterland connections

and cargo storage),

Change in paving technologies and designs

Due to these changes a scope review and value engineering study of the phase 2B

scope is required.

3.2.1 Container Stacking Areas Pavement Study

The Scope Review, Optimization & Validation Report is to include a specialist study on

the container terminal’s stacking areas 350, 360 & 370. This study must determine the

mean time to failure of the existing pavement if the container stacking arrangement is

changed from 3-high to 5-high without any modifications to the existing paving. Various

variables will need to be taken into account such as the current sub-surface conditions,

the condition of the pavement and the expected future loading. The output of this study

will inform the Employer whether an upgrade to the pavement is required in the short

term, if so, whether the proposed resurfacing design can be optimized or whether a

deferral of capital investment would be possible (i.e. sweat the asset).

Recommendations for alternative solutions to enable 5 high stacking will also be

considered. In addition to the above, all tenderers need to ensure that sufficient

geotechnical information is allowed for during scope review, optimization & validation

exercise in order to reach a professional conclusion in respect of the scope for the

paving upgrade option proposed. Transnet geotechnical specification is included in

ANNEXURE I and is applicable.





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The Consultant shall:

Conduct a full review of the as-built pavement design

Perform visual inspections of the existing pavement

Perform x-ray surveys if required of the in-situ paving material

Conduct geotechnical investigations as required in order to reach a professional

conclusion in respect of the scope for the paving upgrade option proposed

Calculate peak and normal loadings of Area 350, 360 & 370 when stacking 5-high to

achieve a 1.4 million TEUs annual throughput

Provide a report demonstrating at a minimum:

o The use of proven scientific principles in the analysis of the existing paving

o Structural integrity analysis of the existing paving

o The outcomes of field work performed

o The loadings, assumptions and constraints which were used in the mean-time

to failure calculations

o The estimated length of time (to the nearest year) that the existing paving could

withstand stacking 5 high, before failure occurs.

o Recommendations and specifications of alternative technology which could be

used to extend the pavement lifespan

o Subject the findings to a review by a specialist in the field of pavement design

o In the paving summary outcomes, the following must be detailed:

Do nothing – advise how long existing paving will last if we stack 5 high

immediately

Optimised designs of resurfacing as compared to the current designs

Other alternatives (e.g. strengthening the areas under container corner

castings only, etc.)

Figure 5: Phase 2B scope areas including the container stacking areas to be resurfaced





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3.2.2 Truck Staging Area Study

The scope review, Optimization and validation phase needs to include a review of the

layout and design for the proposed truck staging which was developed as part of the

previously defined scope. This design involves the uplifting of a portion of the rail

marshalling yard and conversion to a truck staging area capable of handling truck

volumes corresponding to a 2mTEUpa capacity terminal. In order to save on capital

costs and to prevent the removal of valuable rail infrastructure which may be needed

in the future, an assessment of alternatives for a truck staging facility is required. In

designing alternatives for the truck staging area, consideration must be given to the

automated truck entrance gate which will form part of the area as well as the truck

egress route in and out of the port.

This study shall accommodate for the flow of traffic in and out of the container

terminal’s stacking areas to attain a minimum throughput volume of 1.4million TEUpa,

with the possibility of further expanding to a capacity of 2million TEUpa when the need

arises. The consultant shall consider the following alternatives for the proposed truck

staging area:

All options as previously designed and deferred (uplift half of rail marshalling yard

and construct truck staging area with automated entrance gate and associated

roads etc.)

The conversion of the current Paarden Eiland port entrance road to a truck staging

area and extension to line up with the current truck staging area entrance,

accompanied by the conversion of one carriageway of the current container terminal

dual carriageway exit bridge to a port entrance, dedicated to passenger vehicles

only. This option will separate the entrance routes for truck traffic from that of

passenger vehicles, however, needs to be further developed and reviewed for any

possible flaws. The Consultant’s designs for this alternative, if considered viable,

needs to allow for the rerouting of the Paarden Eiland entrance road off municipal

land and exclusively onto Transnet owned land.

Any other alternatives proposed by the Consultant

3.2.3 Traffic Study

A traffic impact assessment considering current and forecasted volumes is required in

order to determine the baseline data to serve as inputs to facilitate the option

generation process. This traffic impact assessment must include, but is not limited to:

Extraction/interpretation of historical Navis data to obtain peaks, troughs and

average traffic conditions within the port

All port traffic and traffic affecting operations

Physical traffic counting stations for traffic data if required

Forecast traffic volumes for the expansion

Consultant is to apply a special capacity requirement for the truck staging area

which shall support a throughput volume of 2 million TEU.





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The traffic impact assessments must be performed on each of the vetted options, with

traffic simulation software taking into account all peak container truck and traffic flows

in order to inform the design of the truck staging area and associated roads. This traffic

study must also consider the scenarios of including and/or excluding the PIP site bridge

from the expansion scope and its impact on throughput terminal capacity, traffic flows

and congestion. Based on this and other relevant information, the traffic study needs

to recommend the inclusion and/or exclusion of the PIP site bridge from the optimised

expansion scope together with the risks and impacts of each alternative.

3.2.4 Rail Capacity Study

A rail capacity study is required in order to confirm that the port rail infrastructure

proposed as part of the scope optimisation exercise is capable of handling the rail

cargo forecast contained in Table 2 below. This is required whether the scope

optimisation proposal involves modifications to the existing port perway infrastructure

(i.e. mainline in the port boundary and staging yards etc.), the consultant is required to

perform desktop rail capacity studies to confirm that the infrastructure has the capability

to cater for the latest rail capacity forecast as contained in the cargo forecast in Table

2 below.

The Consultant shall investigate the potential for accommodating 50 Wagon trains

within the existing foot print of the Container Terminal as part of the Scope review and

Value Engineering Phase (current infrastructure handles 40 Wagon trains).





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Table 2: Capacity Forecast

4100 Cape

Town CT

FORECAST

Yr 18/19 Yr 19/20 Yr

20/21

Yr

21/22

Yr

22/23

Yr

23/24

Yr

24/25

Yr

25/26 Yr 26/27 Yr 27/28 Yr 28/29 Yr 29/30 Yr 30/31

Containers 354 330 982 960 1 012

449

1 042

823

1 079

321

1 117

098

1 156

196

1 156

663

1 238

548 1 281 895 1 326 960 1 373 197 1 421 258

Landed (teu) 366 412 373 404 388 727 400 388 414 402 428 906 443 918 459 455 475 536 492 180 509 406 527 235 545 638

Shipped

(teu) 377 215 388 532 400 188 412 193 426 620 441 552 457 006 473 001 489 556 506 690 524 424 542 779 561 776

Transhipped

(teu) 210 203 217 024 223 535 230 241 238 299 246 640 255 272 264 207 273 454 283 025 292 931 303 183 313 794

RAM 297 451 306 374 315 566 325 032 336 409 348 183 372 982 372 982 386 037 399 548 413 532 428 006 442 986

Rail Market

Share

(Target)

29 745 42 892 56 802 65 006 84 102 94 009 115 625 115 625 135 113 139 942 144 736 149 802 155 045





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3.2.5 Selection of an Optimised Phase 2B Expansion Scope

The generation and selection of an optimized scope for the container terminal

expansion includes studying the original Phase 2B solution (as described in the Project

Background), developing viable alternatives and assessing these options using the

multi-criteria analysis method. The specific requirements of this scope are detailed

below, and should also incorporate the outcomes of all the studies performed.

The Consultant shall:

Investigate and review all work completed in the previous phases (e.g. traffic

engineering and conceptual planning reports, drawings etc.)

Study the Phase 2B design work for the PIP site bridge, truck staging area and rail

marshalling yard and the rationale behind this option selection

Participate in stakeholder engagements to determine any critical limitations/fatal

flaws to be noted when generating the 1.4 million TEU expansion plan options

Generate layout options, in line with the stakeholder inputs, which will achieve an

annual terminal throughput volume of 1.4 million TEU

Include options for temporary stacking during construction taking cognizance of the

possible use of area 380.

Workshop the generated options with stakeholders in order to discard options with

fatal flaws leaving only vetted options, in a form of presentations

Perform traffic impact assessments on each of the vetted options

Facilitate multi-criteria analysis (MCA) workshops with all relevant project

stakeholders to select the preferred layout option. Each vetted option developed to

a point where a comparison can be made between the options in terms of:

o Capital Cost of each option

o Impact on operations during construction

o Construction Period

o Least amount of environmental and related authorisations required

o Least traffic congestion during peak periods

o Any other criteria proposed by the Consultant and accepted by the Employer

Provide a feasibility report describing the optimized scope for the container terminal

expansion produced by the stakeholder MCA process. The report will include a

conceptual layout and will detail the engineering infrastructure required during the

‘design’ phase of the works. This report will detail the extent of the modifications

required to the rail network, entrance and exit facilities, truck staging area, Port

Industrial Park Bridge (if required) and the ancillary road works.

The final report on the optimized scope and the process followed to achieve this

outcome will be vetted by the Employer’s internal engineering team.





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3.3 Design Development

The inclusion of the design development phase of this project in this contract will be

solely in the discretion of Transnet following the completion of the Scope Review and

Validation Phase. Pending its inclusion, the scope for this phase shall depend solely on

the review and validation phase outcomes. For example, the outcome will determine

what proportion of the design work done previously as part of Phase 2B can be reused

and what portion will need to be re-designed. Sections 3.4.1.-3.6 outlines envisaged

works post the review and validate exercise. These work packages will each constitute

a different task order. It is at the sole discretion of the Employer to award these task

orders to the Consultant or to carry out the design work in-house.

3.3.1 Long Quay (Area 350, 360 and 370) Design

The recommendations of the specialist pavement study in the scope validation and

review phase shall determine whether the existing pavement can be left unaltered for

a few more years, if a new technology can be used to extend the life of the pavement

or if the pavement will need to be replaced in the short term in order to withstand 5-

high stacking. The Employer will determine which route to follow based on the

specialist’s recommendations.

3.3.1.1 Pavement Lifespan Extension

In the case of a new technology being recommended to extend the lifespan of the

pavement the following will be required from the Consultant:

Design Criteria

Design Drawings if required

Technical/Product specification

Construction/application methodology

Calculations

Bill of quantities

Design report

3.3.1.2 Re-Surfacing of the Pavement

In the case that re-surfacing of the pavement is required the following shall be

requested from the Consultant:

Perform a gap analysis on all the existing ‘Approved for Construction’ drawings

and documentation for Area 350 and 360

Review of the existing bill of quantities and pricing instructions

If design modifications are required the Consultant must give reasons for the change

and the following should be developed for the new design:

Design criteria

Calculations





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Drawings

Technical specifications

Design report

Works information

Construction methodology:

o Conduct HAZCON study involving project stakeholders

o Provide options for alternative stacking during the construction period to

prevent reduction in stack capacity

o Develop a detailed construction schedule aligned to the recommended

solution

Provide inputs to the operational readiness plan

3.3.2 Truck Staging Area Design

The scope validation and review phase of the project will provide an optimized scope

for the container terminal expansion which includes a fixed location for the truck staging

area. The truck staging area is to include an ablution facility for truck drivers. If the

original Phase 2B layout for the truck staging area is used then the Consultant must:

Review designs from the original Phase 2B solution

Provide modifications as required

Modify bill of quantities

Modify works information

If the new truck staging area layout is different from the Phase 2B solution, the

Consultant must:

Produce the design criteria

Produce drawings

Provide any applicable technical specifications

Develop a design report

Develop a bill of quantities

Develop the works information

Provide a construction methodology and schedule

Provide inputs into the operational readiness plan (ORP)

3.3.3 Automated Access (Entrance and Exit) Design

The installation of automated entrance and exit gates and associated instrumentation

at the Cape Town Container Terminal was proposed as part of Phase 2. When Phase

2B was deferred the automated gate solution with optical camera recognition (OCR)

was also deferred. It was envisaged that the automated entrance and exit gates would

link to the NAVIS system to automatically track trucks as they entered and exited the

terminal. This new system would also speed up processing times at the various check

points.

For this work package the Consultant shall:





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Gather information on the automated gate systems used at other container

terminals in South Africa as well as the latest developments in automated gates at

several selected terminals around the world

Provide input into a user requirement specification (URS)

Develop design criteria according to the URS

Design the system according to national and international standards like the

International Ship and Port Facility Security (ISPS) Code , which must integrate into

existing security systems that are in place

Provide specifications for the instrumentation required, where there is no MSA

agreement for equipment, instrumentation or services, which must integrate

seamlessly with existing systems


Generate a bill of quantities

Provide the works information

Attend operational readiness workshops and assist the end-user to generate an

operational readiness plan.

If the architectural layout and engineers design of the entrance and exit gates is

different from the Phase 2B solution then the Consultant must:

Conduct a review of the original Phase 2B design

Produce the design criteria

Produce drawings

Provide any applicable technical specifications


Develop a bill of quantities

Develop the works information

Provide a construction methodology and schedule

3.3.4 Port Industrial Park Bridge Design


for the container terminal expansion which includes the optimal container terminal

access routes. The port industrial park (PIP) bridge may prove to not be required in

order to reach the required throughput target of 1.4 million TEUs.

In the event that the optimised scope includes the PIP site bridge the original Phase 2

designs must be reviewed and a gap analysis conducted. In this case the Consultant

shall:

Complete a gap analysis and review of the original phase 2 design for the PIP bridge

Align all designs for this work package with the requirements of the City of Cape

Town (municipality)

Generate designs as required

Generate bill of quantities

Generate design criteria

Generate update works information

Generate technical specifications

Produce a design report





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Generate construction methodology:


o Select potential laydown areas for use during construction

o Develop a construction schedule

Provide inputs into the operational readiness

3.3.5 Rail Infrastructure Design


for the container terminal expansion for the container terminal and will inform whether

the up-lift of a portion of the rail marshalling yard is required or not to accommodate a

truck staging area.

In the case where the marshalling yard is altered the designs from Phase 2 must be

consulted and reviewed. The Consultant shall produce the following:

A gap analysis and review of the original Phase 2 design for the rail marshalling

yard and rail sidings

Modification of the designs if required

Review and update of technical specifications

Production of a design report

Update of the bill of quantities

Production of the works information

o Generate construction methodology:


o Select potential laydown areas for use during construction

Develop detailed construction schedule

o Provide inputs into the operational readiness:

o Participate in operational readiness workshops

o Assist the end-user to generate an operational readiness schedule

Provide inputs into the high level OPEX forecasting

3.3.6 Geotechnical Investigation, Engineering Survey & exploration of underground

services

The extent of field collected data that is required for the study is linked to the review

and validation exercise. There exists current information however the consultant is to

perform a gap analysis once the optimized layout is complete in order to ascertain what

field data is missing in order to complete the design development phase. It is for this

reason that a provisional sum has been used for these activities due to its large

variance in scope. The consultant shall procure the services (if none exists in-house)

to provide the site work in order to obtain the relevant missing data highlighted in the

gap analysis.

It must be noted that this information may also be used to generate Transnet in-house

designs which will be part of the design development phase if the FEL3 and FEL4

engineering design works are not issued to the Consultant. These tests/data collection





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has to be conducted in accordance with Transnet specifications. Theses specifications

are highlighted in ANNEXURE I.

3.4 Environmental and Social Governance

The Environmental and Social governance should be aligned to the PLP the report will

include the following information:

3.4.1 Baseline Data Collection

Baseline data to feed into Environmental and Social Assessment process. Monitoring

Plan in terms of project implementation to be complete and incorporated into the Draft

Environmental Management Plan.

3.4.2 Environmental Design Criteria

Environmental design requirements and criteria to be finalized and incorporated into

project designs (construction drawings, layouts, equipment lists, etc) and included in

Environmental Impact Assessment reports, if required.

3.4.3 Environmental Authorisation

Review and validate Environmental Authorization obtained. Should either a Basic

Assessment or full Environmental Impact Assessment (EIA) process (Scoping and

EIA) be required, an Independent Environmental Assessment Practitioner will be

appointed to undertake the process. The deliverables needs to be developed to the

draft form (if required), including stakeholder engagement (incorporated in public

participation process).

These activities might extend into FEL-4 (especially the Assessment phase of the EIA

and the compilation of the Draft EMP).

3.4.4 Environmental Management Plan

Environmental Management Plans in draft form. This might extend into FEL-4.

3.4.5 Permitting

Determine the requirement for permits and prepare for submission. Review schedule

for applications and include in project program.

3.4.6 Social Risk

Develop and Implement Stakeholder Engagement Plan.

Political and social risk mitigation strategy, if required.

Resettlement and relocation strategy, if required.





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3.4.7 Screening and Project Sustainability

Track project footprint against established benchmarks, KPIs and objectives.

Ensure environmental screening and sustainability analysis incorporated into

project design options.

Refine the project ecological footprint.

Update opportunities and hazards register and develop opportunities and

mitigations.

3.4.8 Equator Principle Assessment

Conduct the equator principles assessment.

3.5 Administration and Disbursement Costs

The activity based price for the Scope Review and Validation / Optimisation needs to

allow for:

3 hour long fortnightly contract administration and technical progress meetings that

are to include a progress update on the works and must be attended by the technical

leads of the pavement study and truck staging area, traffic and rail capacity study, for

the duration of the task. This is to include the cost of an administrator to take minutes

and associated documentation

In addition to 3 copies of the Scope Review and Validation / Optimisation Report (in

colour), the consultant will be required to deliver 3 presentations of their report; one

in Cape Town, one on Johannesburg (at midday to allow consultant resources to fly

in and out in one day) and another in Durban

6 hour long stakeholder engagements that will take place as required by the project

manager in the Port of Cape Town or surrounding Cape Town Metropolitan Area

It must be noted that any sub-contracted work must be contracted by the Consultant on

the basis of a NEC sub-consultant agreement as per the standard terms of the NEC

agreement

3.6 FEL-4 Design and Engineering Construction Services

The issuing of task orders to the Consultant for the FEL4 design and engineering

construction services will be solely at the discretion of the Employer. These services

detailed below shall begin on award of a task order during the execution and construction

period. The following is a summary and description of the services that will be performed

by the Consultant, all of which will be subject to Employer approval throughout the

process:

Development, review and approval of FEL-4 engineering deliverables,





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Engineering supervision and construction monitoring normal services and additional

services to ECSA Level 2 as stipulated in ECSA Regulations as well as additional

construction supervision and construction quality monitoring tasks.

Site Construction Management tasks including managing site and contractor safety

and environmental compliance, construction quality, construction scheduling and

general housekeeping

Providing and signing-off the critical hold points for construction and fabrication works

as and when required,

Quality checks and approvals of fabrication, installation and equipment(inclusive of

FAT’s, SAT’s),

Facilitating responses to field engineering queries from contractors,

Managing engineering changes and updates to drawings,

Issue of design certification (construction alignment to design)

Mechanical completion and commissioning

Issuing Certificate of compliance

Attendance of project meetings, design review meetings, stakeholder engagements,

tender adjudication and Gate Review meetings.

3.7 Completion of the Services

Figure 6: FEL 4 PLP Deliverables Chart





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The scope of services will be complete once all deliverables are furnished by the

Consultant to the Employer and duly accepted. The Consultant shall note that the

produced deliverables may be subject to a peer review by both the Employer and an

approved external third party. The scope of services will be complete once these reviews

are completed and the Employer’s Agent is satisfied that any issues raised during the

peer review have been addressed.





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4 THE EMPLOYER’S DESIGN

Elements of the design development phase of the project will be undertaken by the

Employer or possibly by others. The allocation of design responsibility per work package

can only be confirmed after the review and validation phase of the project is complete.

The Consultant shall provide all necessary information and inputs for the successful

completion of work packages carried out by the Employer. This includes all relevant PLP

documentation listed in section 7.1.





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5 SITE ACCESS AND FACILITIES

5.1 Access to the Port of Cape Town

Access to the Port of Cape Town is strictly controlled. Access Permits are issued by

Transnet National Ports Authority against receipt of a written request from an entity

already operating within the Port. Positive identification (ID document or driving licence)

is required for each person requesting an Access Permit. The Employer will assist the

Consultant to obtain the required Access Permits.

5.2 Use of Vehicles within the Port

The speed limit for vehicles on the roads within the Port boundary is 60km/h unless

stated otherwise and is strictly enforced. The speed limit for vehicles travelling on the

quayside is 20 km/h. Special permits are required for vehicles operating on the quayside.

5.3 Personal Protective Equipment (PPE)

PPE must be worn at all times when in the operational areas of the Port. The minimum

requirements for PPE are hard hat, reflective vest and safety footwear. It is strongly

recommended that hearing and eye protection is also used. The use of PPE in the office

areas is not compulsory.

5.4 Health and Safety Facilities on Site

The Employer does not provide any Health and Safety facilities on site. The Consultant

provides facilities in accordance with the requirements of the Employer’s Health and

Safety standard (HAS-STD-0002).

5.5 Environmental Controls on Site

The Consultant is to comply with the requirements of the Employer’s Standard

Environmental Specification (ENV-STD-001) and Construction Environmental

Management Plan (ENV-STD-002) and the Transnet Group Capital SHEQ Policy.

5.6 Co-Operating with and Obtaining Acceptance from Others

In performing the study, the Consultant will be required to engage with all stakeholders,

including but not limited to:

Transnet National Ports Authority

Transnet Freight Rail

Transnet Port Terminals

City of Cape town

SANRAL

Transnet Properties

These engagements must be approved on an individual basis by the Employer’s Agent

who will attend them as required.





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5.7 Publicity and Photographs

No photographs are to be taken unless the photographer is in possession of a

photographic permit issued by the Chief Security Officer, Port of Cape Town.

Photographs are to be taken for record purposes only.

The Consultant treats all information gained through his appointment on this project as

strictly confidential.

The Consultant is not allowed to prepare or present any paper, publish any article in a

technical journal, or derive publicity for his business which makes any reference to any

aspect of the work on this project unless the Employer grants special permission, in

writing, for that purpose.

The Consultant may not advertise the contract or the project to any third party, nor

communicate directly with the media (in any jurisdiction) whatsoever without the express

written notification and consent of the Employer.

5.8 Facilities Provided by the Employer

The Employer does not provide any facilities for the Consultant’s exclusive use. The

Employer will however provide facilities for regular and ad-hoc meetings held at the

Employer’s premises.

5.9 Facilities Provided by the Consultant

The Consultant provides all facilities necessary for the execution of the services during

the Scope Review and FEL3 phase of this project (pending its inclusion). Should the

construction phase be included in this contract, arrangements for site facilities for

Consultant staff will be communicated at the appropriate time.





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6 GOVERNING CODES, STANDARDS & SPECIFICATION

Table 3: Codes, Standards and Specifications

Title Document

No. Revision/Date

National or International Standards

Standard Methods of Testing Road

Construction Materials TMH1 1986

Design of Highway Bridges and Culverts in

South

Africa

TMH7 1989

SA Road Drainage Manual 1986

British Soil Classification System (BSCS) BS 5930 1981

Standard Specifications for Subsurface

Investigations SANRAL 2010

Site Investigation Code of Practice ; The

Geotechnical Division of SAICE SAICE 2010

Code of Practice for Site Investigations BS 5930 1999

Standardised Specification for Civil

Engineering Construction - General (Part A) SANS 1200A

Site Clearance SANS 1200C

Earth Services SANS 1200D

Earth Services (Pipe Trenches) SANS 1200DB

Earth Services (Roads Sub-grade) SANS

1200DM

Earth Services (Railway, Sidings) SANS 1200DN

Piling SANS 1200F

Concrete (Structural) SANS 1200G

Concrete (Small The Scope) SANS 1200GA

Precast Concrete SANS 1200GE

Structural Steel SANS 1200H

Bedding (Pipes) SANS 1200LB

Storm Water Drainage SANS 1200LE





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Title Document

No. Revision/Date

Ancillary Road The Scope SANS

1200MM

Low Voltage Electrical Supply IEC 439

Isolating Transformers IEC 742

Electrical Plugs and Sockets IEC 309

Structural Use of Concrete SANS 10100

Code of Practice for Wiring of Premises SANS 10142

Basis of Structural Design (Loading Code) SANS 10160

Design of Foundations for Buildings SANS 10161

Structural Use of Steel SANS 10162

Wind Loading on Structures SANS 10280

Electricity Supply – quality of supply NRS 048-

2:2007 Issue 3

Standard Specification for Roads & Bridge

The Scope for State Road Authorities

(COLTO)

Series 6000

Transnet Port Terminals Standard Specifications

General Electrical Equipment (HE/8/2/2) EEAM-Q-012

Electrical Motors and Generators (HE8/2/3) EEAM-Q-014

MV Switchgear and Control Gear for

Substations (HE8/2/5) EEAM-Q-017

Lighting on Equipment (HE8/2/6) EEAM-Q-018

Testing and commissioning on Electrical

Equipment (HE8/2/8) EEAM-Q-020

Electronic Equipment (HE8/2/9) EEAM-Q-021

Reconditioning of Electric Motors (HE8/2/10) HE8/2/10

Medium Voltage Equipment for use on Port

Equipment (HE8/2/11) HE8/2/11

Specific Requirements for Electrical

Equipment (HE8/2/12) EEAM-Q-028E

Steel wire ropes (HE9/2/3) EEAM-Q-003





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Title Document

No. Revision/Date

Structural steelwork (HE9/2/6) EEAM-Q-006

Corrosion Protection (HE9/2/8) EEAM-Q-008

General Requirements and Conditions

(HE9/2/9) EEAM-Q-016

Concrete and Structural Steelwork (HE9/2/10) EEAM-Q-010

Specific Requirements and Conditions

(HE9/2/12)

EEAM-Q-

028M

Maintenance Cranes and Hoist for use of Port

Equipment (HE9/2/13) EEAM-Q-011

Transnet Freight Rail Standard Specifications and Other Documentation

Specifications for Work on, over, under or

adjacent to electrified lines E 7/1

July 1998





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7 LIST OF DRAWINGS

7.1 Drawings issued by the Employer

A detailed set of drawings of all deferred works from Phase 2A will be provided to the

Consultant and are listed in ANNEXURE B. As-built drawings of port infrastructure are

available from Transnet National Ports Authority (TNPA) but the Consultant shall make

provision to perform surveys if required in order to obtain critical information.

7.2 Drawing Submissions

All drawings submitted to the employer by the consultant are to be submitted in both

PDF and the drawings native file format.





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SECTION 2

8 GENERAL

8.1 Project Documentation Deliverables

Following the conclusion of the scope review, optimization validation phase, the

Consultant may be required to develop project document deliverables for all the works

performed on the feasibility study for CTCT Phase 2B Expansion. This includes all

engineering work done by the Employer, the Consultant and Others. This may be issued

as a Task order if the Employer requires. All project documentation deliverables listed

below will be in accordance with the Transnet PLP FEL 3 Guidelines. The documents

will address all criteria for each relevant study. In addition to the deliverables shown

below there is an additional deliverables list that must be adhered to and can be found

in ANNEXURE H. Deliverable adherence to ANNEXURE H is dependent on the

consultant selecting what is applicable per work package and is submitted to the project

manager for approval. The consultant shall also subject all documentation and

design deliverables to an internal peer review.

Shown below is a list of project deliverables the consultant shall adhere to in addition to

other deliverables highlighted in this document.

Detailed Monthly Environmental & Design Progress Reports,

Development of Design Data Pack per package

o Design Methodology/criteria,

o Engineering Drawings,

o Calculation sheets,

o Engineering Design Reports,

o Specifications/Works information. (FEL 4 Tender pack)

o Perform HAZOP Study

o Construction Methodology

o Inputs into operational readiness

Environmental and Sustainability documentation (as outlined on the attached Gate

Review criteria)

o Sustainable Development Design Report;

o Environmental and Social Governance Report





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8.2 Consultant’s Responsibilities

Pending the inclusion of FEL3 and FEL4 task orders in this contract, the Consultant shall

be an integrated member of the multidisciplinary professional project team and his areas

of responsibility as prescribed in the Engineering Professions Act 2000, published by

the Engineering Council of South Africa, (but not limited to) shall be to:

Report to the Engineering Manager and/or Employer’s Agent with respect to the Task

Order/contract,

Review, familiarize and understand the proposed site including all constraints and

environmental factors,

Consult, advise, direct and interface with all members of the professional team with

regards to engineering expertise

Review, familiarize and understand the operational requirements of the facilities to

be provided as part of the project,

Perform the designer’s/engineer’s role in terms of the OSH Act 85 of 1993,

Assist the project team in meeting project goals and objectives,

Meet with stakeholders, develop schematic drawings into detail, and provide

appropriate information to the professional team,

Undertake and be available to execute squad checks at various stages of the project,

Any other reasonable Services required to successfully deliver the project to the client

on time, on budget, at the accepted quality,

The Consultant shall adhere to all Transnet Engineering, Project Management and

Documentation control procedures,

Prepare drawings as per Transnet Group Capital drawing standards,

Hand over all documentation including drawings in native file format,

Attend a Gate Review at the conclusion of each Project Phase,

Engineering training of Transnet staff will be performed as part of the engineering

and supplier and development. The Consultant will make allowances in the overall

pricing to include this and

The Consultant is to carry out this Task in accordance with the applicable Clause 2

(Guideline Scope of Services) of the latest provisions of the Guidelines Scope of

Service and Tariff of Fees for Persons Registered in terms of the Engineering

Professions Act 2000, published by the Engineering Council of South Africa (ECSA)

Act 46 of 2000.





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8.3 Procedure for submission and acceptance of Consultant’s Design

8.3.1 The Consultant undertakes design safety reviews as detailed in HAS-GL-0001 with the defined project team.

8.3.2 The Consultant undertakes design engineering reviews as detailed in this Services information with the project team.

8.3.3 The Consultant undertakes stakeholder engagement reviews as detailed in this Services information with the project team.

8.3.4 The consultant undertakes environmental and sustainability reviews as detailed in the services information with the project team.

8.3.5 The Consultant undertakes engineering integration reviews as detailed in this Services information with the project team.

8.3.6 The Consultant documentation shall be issued to the Project Manager under cover of the Consultant Transmittal Note, including complete Contract references (i.e. Project No, Contract No, etc.) as well as the Consultants Project Document Number, Revision Number, Title and chronological listing of transmitted documentation. The formats of the Consultant data to be submitted shall be in accordance with the project procedure as accepted by the Project Manager.

8.3.7 The Consultant shall allow the Project Manager 2 weeks to review and respond to the Consultant’s submission of their documentation, i.e. from the time of receipt by the project to the time of despatch. Should the Project Manager delay the response past 2 weeks, the Consultant is released to proceed with work with the assumption that the Project Manager has no comments.

8.3.8 On receipt of the reviewed documentation the Consultant shall make all modifications as requested or as marked up on the documentation and resubmit the revised documentation to the Project Manager within 2 weeks. Queries regarding comments/changes should be addressed with the Project Manager prior to re-submittal.

8.4 Use of Consultant’s Design

The Consultant grants the Employer a licence to use the copyright in all design data

presented to the Employer in relation to the Services for any purpose in connection with

the design, construction, re-construction, refurbishment, repair, maintenance and

extension of the container terminal with such licence valid for transfer to any third party

without the consent of the Consultant. The Consultant vests in the Employer full title

guarantee in the intellectual property and copyright in the design data created in relation

to the Services.

8.5 Review and Acceptance of Consultant Documentation

In undertaking the ‘Services’ all documentation and data prepared and submitted by the

Consultant shall conform and adhere to the requirements of:-

‘Documentation Submittal Requirements’ Standard (DOC-STD-0001) included in

ANNEXURE F

Programme CAD Standards (ENG-STD-0001) ANNEXURE G

8.6 Safety risk management





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The Consultant complies with the following SMP:

HAS-STD-0002 provided in ANNEXURE J

The Consultant ensures that its Sub Consultants comply with the requirements of the

SMP.

The Consultant completes a JSA prior to carrying out any operation on the Site and/or

Working Area to the approval of the Employer.

8.7 Environmental constraints and management

The Consultant complies with the CEMP (ENV-STD-001) and the SES (ENV-STD-002)

The Consultant performs the Scope and all activities within the Site and Working Areas

having due regard to the environment and to environmental management practices as

more particularly described within the CEMP & SES.

The CEMP describes the roles and responsibilities of the project team as it relates to

environmental and the SES describes the minimal acceptable standard for

environmental management for a range of environmental aspects commonly

encountered and sets environmental objectives and targets, which the Consultant

observes and complies.

The Consultant shall ensure that his/her management and staff, as well as all suppliers

and visitors to Site have attended the Employer’s Induction Programme prior to

commencing any work on Site. If new personnel commence work on the Site during

construction, the Consultant shall ensure that these personnel undergo the Induction

Programme and are made aware of the environmental specifications on Site.





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8.8 Quality assurance requirements

The Consultant shall comply with QAL-STD-0001 General Quality Requirements for

Suppliers and Contractors.

The Consultant shall have, maintain and demonstrate its use to the Employer the

documented Quality Management System to be used in the performance of the Scope.

The Consultant’s Quality Management System shall conform to International Standard

ISO 9001 (or an equivalent standard acceptable to the Employer).

The Consultant submits his Quality Management System documents to the Employer

as part of his programme under PSC Clause 31.2 to include details of:

Project specific Quality Management Plan for the contract;

Qualifications and experience of quality personnel (quality manager and quality

officer)

Quality Policy

Index of Procedures to be used; and

A schedule of internal and external audits during the contract

The Consultant develops and maintains a comprehensive register of documents that will

be generated throughout the contract including all quality related documents as part of

its Quality Plan.

The Employer indicates those documents required to be submitted for information,

review or acceptance and the Consultant indicates such requirements within his register

of documents. The register shall indicate the dates of issue of the documents with the

Employer responding to documents submitted by the Consultant for review or

acceptance within the period for reply prior to such documents being used by the

Consultant.

The Quality Plan means the Consultant’s statement, which outlines strategy,

methodology, resources allocation, QA and QC co-ordination activities to ensure that

the Scope meet the standards stated in the ‘The Scope’ Information.

The Quality Policy means the Consultant’s senior management's expression of its

intentions, direction, and aims regarding quality of its products and processes.

The Index of Procedures means a schedule of the Consultant’s documented procedures

that are expected to be utilised as part of the QA and QC for this Project.





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8.9 Programming constraints

The Consultant presents his first programme and all subsequently revised programmes

(see PSC Clauses 31.2 and 32.1) in hard copy format printed in full colour in A3 size

and in soft copy ‘Native’ format with activity layout files. Note that PDF soft copy versions

are not acceptable.

Within five working days of award of contract, the Consultant submits his Level 3

programme to the Employer for acceptance.

The Consultant uses Primavera version 6 or higher for his programme submissions.

The Consultant shows on his Accepted Programme and all subsequently revised

programmes schedules showing the critical path or paths and all necessary logic

diagrams demonstrating sequence of operations.

The Consultant’s programme shows duration of operations in working days. A normal

working week comprises five working days, each of eight working hours.

The Consultant’s programme shows the following levels:

Level 1 Master Schedule – defines the major operations and interfaces between

research, information gathering, options development, engineering design, modelling,

option costing, report writing and Completion.

Level 2 Project Schedule – summary schedules ‘rolled up’ from Level 3 Project Schedule

described below

Level 3 Project Schedule – detailed schedules generated to demonstrate all operations

identified on the programme from the starting date to Completion. The Employer notifies

any subsequent layouts and corresponding filters on revised programmes

Level 4 Project Schedule – detailed discipline speciality level developed and maintained

by the Consultant relating to all operations identified on the programme representing the

daily activities by each discipline

The Consultant shows on each revised programme he submits to the Employer a

resource histogram showing planned progress versus actual, deviations from the

Accepted Programme and any remedial actions proposed by the Consultant.

The Consultant’s weekly programme narrative report includes:

Level 4 Project Schedule – showing two separate bars for each task i.e. the primary bar

must reflect the current forecast dates and the secondary bar the latest Accepted

programme.

3-week Look ahead Schedule - showing two separate bars for each task i.e. the primary

bar must reflect the current forecast dates and the secondary bar the latest Accepted

programme.

Manpower Histogram – reflecting actual, forecasted and planned activities

S-curves – reflecting the actual percentage complete versus the planned percentage for

the overall contract utilising the earned values as calculated by the detailed progress

report.





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8.10 Insurance provided by the Employer

Insurance provided by the Employer is contained in the Contract Data – Part 1.

8.11 Contract change management

No additional requirements apply to PSC Clause 60 series.

8.12 Records of Defined Cost, Payments & Assessments of Compensation

Events Kept by Consultant

The Consultant keeps the following records available for the Employer’s agent to

inspect:

Records of design employees location of work (if appropriate);

Records of Equipment used and people employed outside the Working Areas (if

applicable); and

Records of accommodation and travel for people working away from their normal

work location





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9 ANNEXURES

Annexures are all included in the CD provided.

All annexures as listed shall be deemed to be part of the Scope.

Table 4: Annexures

Annexure Description

ANNEXURE A Close Out Report Phase 2A

ANNEXURE B Drawing Register

ANNEXURE C Past Pavement Studies & Geotechnical Reports

ANNEXURE D Traffic Impact and Concept Reports

ANNEXURE E TPT Operational Documents

ANNEXURE F Document Submittal Requirement Standards

ANNEXURE G Programme Cad Standards

ANNEXURE H Additional Deliverable List

ANNEXURE I Field Data Specifications

ANNEXURE J Health and Safety Standards

ANNEXURE K Environmental standards





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9.1 ANNEXURE A

CLOSE OUT REPORT PHASE 2A

Engineering close out report – Reconfiguration

Engineering Report Annexures





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9.2 ANNEXURE B

DRAWING REGISTER

1927506-LIS002





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9.3 ANNEXURE C

Past Pavement Studies & Geotechnical Reports

Geotechnical Report

H.2.1 Concrete Pavement Evaluation

H.2.2 Stack Area Paving Assessment

H.2.3 Staging Area Geotechnical and Paving

H.2.4 Interim Staging (ex SACD) Geotechnical

H500206-1-300-C-RPT-0001-HO





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9.4 ANNEXURE D

Traffic Impact and Concept Reports

H.1.1 Belcon Rail Line

H.1.2 Intermodal Inland Port

H.1.3 Inland Port Review

H.1.4 Concept Staging PIP Bridge

H.1.5 Integrated Traffic Impact

H.1.6 Concept - Staging Area

H.1.7 Concept - Interim Entrance

H.1.8 Close out summary report

H.1.9 T-Bridge Assessment





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9.5 ANNEXURE E

TPT OPERATIONAL DOCUMENTS

Visio-CTCT Planning Operation Process Maps





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9.6 ANNEXURE F

DOCUMENT SUBMITTAL REQUIREMENT STANDARDS

DOC-STD-0001 Rev.03 Contractor Documentation Submittal Requirements

DOC-FAT-0077 Rev.02 Document and Design Number Request Form_19Oct12 (003)

DOC-FAT-0076 Rev 07 TCP Doc Control Codes





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9.7 ANNEXURE G

PROGRAMME CAD STANDARDS

CAD Standards (ENG-STD-0001)





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9.8 ANNEXURE H

ADDITIONAL DELIVERABLE LIST





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9.9 ANNEXURE I

FIELD DATA SPECIFICATIONS





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9.10 ANNEXURE J

HEALTH AND SAFETY STANDARDS





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9.11 ANNEXURE K

ENVIRONMENTAL STANDARDS



NEC3 CONTRACT Part C4: Site Information

FORM: PRO-FAT-0222 Rev04 Page 1 of 3 Doc number: 1927506-S001-ENQ-001-Rev0

PART 4: SITE INFORMATION

1. DESCRIPTION OF THE SITE AND ITS SURROUNDINGS

1.1 General Description

Port of Cape Town

The Port of Cape Town operates in the backdrop of Table Mountain in the City of Cape Town The port

serves as cargoes moving between Europe and the western hemisphere and the Middle East and

Australia. The port services various cargoes including breakbulk, dry bulk (primarily agricultural), liquid

bulk, fishing and containers; the majority of goods are transported via containers. Facilities for cruise

ships are provided at no. 2 jetty in the Victoria Basin or at E-Berth in the Duncan Dock.

1.2 Port Limits

The port limits extend between Green Point and Robben Island Lighthouses by straight line, northwards

by straight line from Robben Island, eastwards to the eastern shore of Table Bay, southwards along the

high water mark to include the foreshore to the castle and back to the Green Point Lighthouse.

Figure 1: Locality Plan





1.3 Marine Infrastructure

The port includes typical marine infrastructure including 34 berths ranging up to 314.5m in length. The

depth of the entrance channel is 15.9m with 15.4m at the entrance to Duncan Dock and 14m at the

entrance to Ben Schoeman Dock. The depth in Duncan Dock varies between 9.9m near the Repair Quay

to 2.4m at the Tanker Basin. Ben Schoeman Dock varies from 9m to 15.5m in depth. The Port also

includes 3 main ship repair facilities, namely the Sturrock Dry Dock, Robinson Dry Dock and the Syncrolift

(ship lift for small to medium sized vessels) and a Repair Quay for wet repairs of vessels.

1.4 Hours of Operation

The Port of Cape Town is open 24hrs, 365days per year. Most terminal are closed on Christmas, New’s

Day and 1 May every year. Tankers carrying hazardous cargoes are only handled during daylight hours.

1.5 General Infrastructure

The port includes a wide range of infrastructure typically found in light industrial environments including:

Roads & Storm water

Buildings & Workshops

Fresh Water and sewer reticulation network

Sub-stations and Electrical reticulation

Comms cabling (underground and above ground)

Seawater / firefighting reticulation network (limited to Tanker Basin precinct)

Bunker pipelines and petrochemical pipelines

As-built drawings for most of these buildings or facilities are available by prior arrangement from the

Employer, via requests submitted to the Employer’s Agent. While every effort has been made to provide

a fairly comprehensive list, it cannot be assumed that the existing services are limited to this list.

1.6 Climate and Weather

Cape Town enjoys a Mediterranean climate, but is also subject to special factors associated with its

southern latitude. During the winter months (April to September) north and northwest winds backing to

the southwest are frequent. In summer (October to March) the prevailing wind is from the southeast,

which can reach gale force at times.

The values for the ten year return weather data for the Port of Cape Town are listed below.

Table 1: Cumulative rainfall per month

Month Cumulative Rainfall

(mm) January 11.6 February 18.0 March 22.1 April 55.5





May 76.7 June 98.3 July 96.9

August 73.7 September 41.7

October 32.7 November 13.7 December 13.9

Table 2: Average number of days per month with rainfall of more than 1mm

Month No. of Days January 3.0 February 2.5 March 3.0 April 5.2 May 8.3 June 9.2 July 8.4



Table 3: Number of days per month with 20 minutes average wind speed of more than

30m/s

Month No. of Days January 2.6 February 2.6 March 0.9 April 0.9 May 0.9 June 1.05 July 1.05

