a specialist unit of transnet soc ltd request for proposal ... region... · transnet group capital...

Transnet Group Capital Tender Number: 2123421X-740 Description of the services: Engineering Services for Island View Berth 9 Fire Fighting Infrastructure

NEC3 PROFESSIONAL SERVICES CONTRACT Tender Documents FORM: PRO-FAT-0208 Rev02 of 2

Transnet Group Capital

a specialist unit of TRANSNET SOC LTD

[Registration Number 1990/000900/30]

REQUEST FOR PROPOSAL (RFP)

FOR THE: ENGINEERING SERVICES FOR ISLAND VIEW BERTH 9 FIRE FIGHTING

INFRASTRUCTURE

RFP NUMBER : 2123421X-740

ISSUE DATE : 10 April 2019

COMPULSORY CLARIFICATION MEETING : 17 April 2019

CLOSING DATE : 07 May 2019

CLOSING TIME : 12h00 hrs

TENDER VALIDITY PERIOD : 12 weeks from closing date

PRE-QUALIFICATION CRITERIA FOR PREFERENTIAL PROCUREMENT AS PER THE PPPFA

REGULATIONS , 2017 4 (1) (A): ONLY COMPANIES THAT POSSESS A LEVEL 1, 2 OR 3 B-

BBEE STATUS LEVEL OF CONTIBUTER MAY TENDER FOR THESE SERVICES.


NEC3 PROFESSIONAL SERVICES CONTRACT Tender Documents FORM: PRO-FAT-0208 Rev02 of 2

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

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 The Scope


____________________________________________________________________________________________

2018 – Rev01 Part T1: Tendering procedures Page 1 of 7 T 1.1: Tender Notice and Invitation to Tender

T1.1 Tender Notice and Invitation to Tender

SECTION 1: NOTICE TO TENDERERS

1. INVITATION TO BID

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 Transnet Group Capital a specialist unit of Transnet SOC Ltd invites suitably qualified Tenderers for the Engineering Services for Island View Berth 9 Fire Fighting Infrastructure

BID FEE AND BANKING DETAILS

This Tender must be downloaded directly from the National Treasury eTender Publication Portal at www.etenders.gov.za FREE OF CHARGE.

A CD containing all the ANNEXURES will be made available FREE from the 11th of April 2019.

NOTE:

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

Specifications, drawings and annexures.

COLLECT CD CONTAINING RFP FROM:

The office of the Secretariat, Local Acquisition Council

TRANSNET GROUP CAPITAL

Queens Warehouse,

237 Mahatma Gandhi Road,

Durban

South Africa

Contact Person: Snegugu Nhlapho

Email Address: [email protected]

ISSUE DATE AND COLLECTION DATE DEADLINE

Between 10:00 and 15:00 from 11 April 2019 until 17 April 2019.

COMPULSORY BRIEFING SESSION

A Compulsory Tender Clarification Meeting will be conducted at Transnet Group

Capital Offices, Queens Warehouse, 237 Mahatma Gandhi Road, Durban on

Wednesday, 17 April 2019 at 10:00am [10 O’clock] for a period of ± 2 (Two)

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

The Compulsory Tender Clarification Meeting will start punctually and information will

not be repeated for the benefit of Tenderers arriving late.

A Site visit/walk will take place, tenderers are to note:

Tenderers are required to wear safety shoes, goggles, long sleeve shirts, high

visibility vests and hard hats.

Tenderers without the recommended PPE will not be allowed on the site walk.

Tenderers and their employees, visitors, clients and customers entering Transnet

Offices, Terminals, Depots, Workshops and Stores will to undergo breathalyser

testing.

mailto:[email protected]


____________________________________________________________________________________________


All forms of firearms are prohibited on Transnet properties and premises.

The relevant persons attending the meeting must ensure that their identity

documents, passports or drivers licences are sent to

[email protected] by Tuesday the 16 April 2019 and also

have them on their person for inspection at the DCT access control gates.

Certificate of Attendance in the form set out in the Returnable Schedule T2.2-15

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 T2.2-15 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 Tuesday, 07 May 2019.

Tenderers must ensure that tenders are delivered timeously to the correct address. As a general rule, if a tender is late or delivered to the incorrect address, it will not be

accepted for consideration.

VALIDITY PERIOD

The tender validity period is Twelve (12) weeks after the 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:

The Secretariat, Transnet Group Capital Acquisition Council

RFP No: 2123421X-740

Description Engineering Services for Island View Berth 9 Fire Fighting Infrastructure

Closing date and time: Tuesday, 07 May 2019at 12:00pm

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

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

3. DELIVERY INSTRUCTIONS FOR TENDER

3.1. Delivery by hand

Tenders are to be deposited in the Transnet Tender Box which is located as per address below and must

be addressed as follows:

THE SECRETARIAT

TRANSNET GROUP CAPITAL LOCAL ACQUISITION COUNCIL

RECEPTION GROUND FLOOR

QUEENS WAREHOUSE

237 MAHATMA GANDHI ROAD

DURBAN

SOUTH AFRICA

mailto:[email protected]


____________________________________________________________________________________________


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. Responses which are

too bulky must be split into two or more files, and placed in separate envelopes, each such envelope to

be addressed as stated and numbered consecutively including the total number of envelopes e.g.

Envelope 1 (1 of 2)/ Envelope 2 (2 of 2)..

3.2 Dispatch by courier

If dispatched by courier, the envelope must be addressed as follows and delivered to the Office of The

Secretariat, Transnet Group Capital Local Acquisition Council and a signature obtained from that Office:

THE SECRETARIAT

TRANSNET GROUP CAPITAL LOCAL ACQUISITION COUNCIL

RECEPTION GROUND FLOOR

QUEENS WAREHOUSE


DURBAN

SOUTH AFRICA

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.

5. COMPLIANCE

The successful tenderer shall be in full and complete compliance with any and all applicable laws and regulations.

6. DISCLAIMERS

Tenderers are hereby advised that Transnet is not committed to any course of action as a result of its issuance of

this Tender and/or its receipt of a tender offer. In particular, please note that Transnet reserves the right to:


____________________________________________________________________________________________


6.1. Modify the tender services and request Tenderers to re-tender on any changes;

6.2. Reject any tender which does not conform to instructions and specifications which are detailed herein;

6.3. Disqualify tender/s submitted after the stated submission deadline [closing date];

6.4. To award the business to the highest scoring Tenderer/s unless objective criteria justify the award to

another Tenderer.

6.5. Not necessarily accept the lowest priced tender or an alternative Tender;

6.6. Go to the open market if the quoted rates (for award of work) are deemed unreasonable;

6.7. Reject all tenders, if it so decides;

6.8. Withdraw the tender on good cause shown;

6.9. Award business in connection with this tender at any time after the tender closing date;

6.10. Award business for only a portion of the proposed services which are reflected in the scope of this tender

6.11. Split the award of business between more than one service providers should it be more advantageous in

terms of, amongst others, cost or developmental considerations at Transnet’s discretion;

6.12. Should the Tenderers be awarded business on strength of information furnished by the Tenderer, which

after conclusion of the contract is proved to have been incorrect, Transnet reserves the right to cancel the

contract;

6.13. To request audited financial statements or other documentation for the purposes of a due diligence

exercise;

6.14. Not accept any changes or purported changes by the Tenderer to the tender rates after the closing date;

6.15. To verify any information supplied by a Tenderer by submitting a tender, the Tenderer/s hereby

irrevocably grant the necessary consent to the Transnet to do so;

6.16. To conduct the evaluation process in parallel. The evaluation of Tenderers at any given stage must

therefore not be interpreted to mean that Tenderers have necessarily passed any previous stage(s);

6.17. Transnet reserves the right to undertake post-tender negotiations [PTN] with selected Tenderers or any

number of short-listed Tenderers . In the event of any Respondent being notified of such short-

listed/preferred bidder status, his bid, as well as any subsequent negotiated best and final offers (BAFO),

will automatically be deemed to remain valid during the negotiation period and until the ultimate award of

business. Unless otherwise expressly stated, each tender lodged in response to the invitation to tender

shall be deemed to be an offer by the Tenderer. The Employer has the right in its sole and unfettered

discretion not to accept any offer;

6.18. Unless otherwise expressly stated, each tender lodged in response to the invitation to tender shall be

deemed to be an offer by the Tenderer. The Employer has the right in its sole and unfettered discretion

not to accept any offer.

6.19. Not be held liable if Bidders do not respond with their contact details by the date stipulated in “Issue date

and collection date deadline” above, and do not receive the latest information regarding this RFP with the

possible consequence of being disadvantaged or disqualified as a result thereof.

6.20. In addition, Transnet reserves the right to exclude any Tenderers from the bidding process who has been


____________________________________________________________________________________________


convicted of a serious breach of law during the preceding 5 [five] years including but not limited to

breaches of the competition Act 89 of 1998. Respondents are required to indicate in tender returnable

[clause 12 on T2.2-26], [breach of law] whether or not they have been found guilty of a serious breach of

law during the past 5 [five] years.

6.21. Transnet reserves the right to award the business to the highest scoring Tenderer/s unless objective

criteria justify the award to another Bidder/s.

7. Should the preferred Tenderer fail to sign or commence with the contract within a reasonable period after being

requested to do so, Transnet reserves the right to award the business to the next ranked Tenderer, provided that

he/she is still prepared to provide the required goods at the quoted rate. Under such circumstances, the validity of

the bids of the next ranked bidder(s) will be deemed to remain valid, irrespective of whether the next ranked

bidder(s) were issued with a Letter of Regret. Bidders may therefore be requested to advise whether they would still

be prepared to provide the required goods at their quoted price, even after they have been issued with a Letter of

Regret.

8. 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.

9. Repeal of Construction Sector Codes

9.1. The minister of the Department of Trade and Industry issued a Government Notice No.184 in the Government

Gazette No. 39703 on the 17th February 2016, to repeal the Construction Sector Codes.

9.2. The repeal implies that the Construction Sector Codes cease to exist from the 17th of February 2016.

9.3. All Measured Entities operating in the Construction Sector will be required to make use of B-BBEE Generic

Codes of Good Practice as amended and issued in terms of section 9(1) of the B-BBEE Act No. 53 of 2003 as

amended by Act No.46 of 2013.

9.4. The application of the B-BBEE Generic Codes of Good Practice as amended must be in accordance with the

Notice of Clarification published in the Notice No.444 of 2015 published in the Government Gazette no.38799

on 15 May 2015.

10. NATIONAL TREASURY’S CENTRAL SUPPLIER DATABASE

10.1 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……………………………

11. LEGAL REVIEW

A Proposal submitted by a Respondent will be subjected to review and acceptance or rejection of its proposed

contractual terms and conditions by Transnet’s Legal Counsel, prior to consideration for an award of business. A

material deviation from the Standard terms or conditions could result in disqualification.

12. SECURITY CLEARANCE

Acceptance of this bid could be subject to the condition that the Successful Respondent, its personnel providing the

goods and its subcontractor(s) must obtain security clearance from the appropriate authorities to the level of

CONFIDENTIAL/ SECRET/TOP SECRET. Obtaining the required clearance is the responsibility of the Successful

https://secure.csd.gov.za/


____________________________________________________________________________________________


Respondent. Acceptance of the bid is also subject to the condition that the Successful Respondent will

implement all such security measures as the safe performance of the contract may require.

14. PROTECTION OF PERSONAL DATA

In responding to this tender, Transnet acknowledges that it may obtain and have access to personal data of the

Tenderers. Transnet agrees that it shall only process the information disclosed by Tenderers in their response to this

tender for the purpose of evaluating and subsequent award of business and in accordance with any applicable law.

Furthermore, Transnet will not otherwise modify, amend or alter any personal data submitted by Tenderers or

disclose or permit the disclosure of any personal data to any Third Party without the prior written consent from the

Tenderers. Similarly, Transnet requires Tenderers to process any personal information disclosed by Transnet in the

Tender process in the same manner.

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.

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]


____________________________________________________________________________________________


ACKNOWLEDGMENT OF RECEIPT OF DOCUMENTS

AND INTENTION TO TENDER

(To be returned within 5 days after receipt)

EMAIL TO: Transnet Group Capital

Attention: Snegugu Nhlapho

Project No.: 2123421X

Email: [email protected] Tender No.: 2123421X-740

Closing Date 07 May 2019

For: Engineering Services for Island View Berth 9 Fire Fighting Infrastructure

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 Yes

REASON FOR NOT TENDERING:

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

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

____________________________________________________________________________________________________________________________________________________________________________________________________

____________________________________________________________________

SIGNATURE: ____________________________________

TITLE: __________________________________________


________________________________________________________________________________________________

2018 – Rev01 Page 1 of 9 Part 1: Tendering Procedures T1.2: Tender Data

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

C2.3 Staff Rates and Expenses

Part C3: Scope of services C3.1 The Scope

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


________________________________________________________________________________________________


F.1.4 The Employer’s agent is: Procurement Officer

Name: Snegugu Nhlapho

Address: Queens Warehouse, 237 Mahatma Gandhi Road, Durban

Tel No. 031 361 1271

E – mail [email protected]

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

1. Stage One -Pre-qualification criteria for preferential procurement as per the PPPFA

regulations , 2017 4 (1) (a):

Only companies that possess a level 1, 2 or 3 B-BBEE status level of contributor may tender for

these services.

2. Stage Two – Eligibility with regards to attendance at the compulsory clarification

meeting:

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

meeting in terms F.2.7 below.

3. Stage Three - Functionality:

Only those tenderers who obtain the minimum qualifying 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 T2.2-15 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 The Employer’s details and address for delivery of tender offers and identification details that are to be


________________________________________________________________________________________________


F2.15.1 shown on each tender offer package are:

Location of tender box RECEPTION GROUND FLOOR, QUEENS

WAREHOUSE, 237 MAHATMA GANDHI ROAD,

DURBAN

(TRANSNET GROUP CAPITAL)

Physical address: QUEENS WAREHOUSE


DURBAN

SOUTH AFRICA

Identification details: The tender documents must be submitted labelled

with:

Name of Tenderer: (insert company name)

Contact person and details: (insert details)

The Tender Number: 2123421X-740

The Tender Description:

Engineering Services for Island View

Berth 9 Fire Fighting Infrastructure

Documents must be marked for the attention of:

LAC Secretariat: Mr Welcome Hlongwane

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 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 the 07 May 2019

Location: Transnet Group Capital, Reception Ground Floor, Queens Warehouse, 237 Mahatma

Gandhi Road, Durban.


________________________________________________________________________________________________


F3.8.2 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,

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.

The Employer reserves the right to reject a non-responsive tender offer, and not allow it to be

subsequently made responsive by correction/withdrawal of the non-conforming deviation or reservation.

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

T2.2-02 Programme:

Ability to Provide the Services in terms of the Scope as detailed under C.2.2. Task Schedule and within the required timeframe, indicating, in a logical sequence, the order and timing of the activities that will take place in order to Provide the Services and detailed at an appropriate level of decomposition to support the scope and associated duration estimates for the phase in question: FEL 3 – Engineering Design Phase (Feasibility Phase) 60%. FEL 4 – Tender Preparation, Engineering and Execution Phase 40%.

6


________________________________________________________________________________________________


Dates when the Consultant will need

access to any part of the Site and/or

persons, as well as submission,

approval process and timing for

Health & Safety, Environmental and

Quality pre-requisites/requirements.

In addition the Programme must

clearly demonstrate adequate

provision for the review and approval

process associated with designs as

well as timeframes associated with

undertaking same for all long lead

items, or any other items of this

nature. Moreover, the Programme

must clearly demonstrate adequate

provision for the process and

timeframes associated with

undertaking procurement processes,

inductions, permits and medicals.

2

15

The Consultant indicates how he

plans in achieving the following dates

and clearly demonstrates them on

the schedule - Starting Date, Access

Date, Planned Completion and

Completion Dates. In addition the

Programme clearly demonstrates

adequate provisions for Time Risk

Allowance (TRA)

2

The Programme shall be aligned to

the Task Schedule as contained

under C.2.2., and detailed at an

appropriate level of decomposition to

support the scope and associated

duration estimates for the phase in

question and the project overall

2

The Programme must clearly support

and demonstrate alignment to the

approach paper as contained under

T.2.2-41. In addition the programme

needs to have a basis of a schedule

not limited to assumptions,

constraints and approach to

providing the services and

construction monitoring as detailed

in the programme

3

T2.2-07 Management & CVs of Key persons: Please describe the management arrangements for the Services.

Relevant Experience 10 40

Education, training and skills 10

Knowledge of issues pertinent to the project

20


________________________________________________________________________________________________


Comprehensive CV’s should be attached to this schedule: As a minimum each CV should address the following, but not limited to; i) Personal particulars;

ii) Qualifications (degrees, grades of membership of professional societies and Professional registrations, all these certificates are to be attached); iii) Skills;

iv) Name of current Employer and position;

v) Overview of post graduate experience (year, organisation and position); and Outline of recent assignments / experience that has a bearing on the scope of work.

The Tenderer should submit the following documents as a minimum with the tender document:

1. CV’s for people proposed for all identified posts including:

Mechanical Engineer (50%)

Civil/Structural Engineer (10%) Electrical Engineer (10%)

Instrumentation Engineer (20%) Planner (10%)

The weighted average for the team will be obtained by multiplying each team member’s score by the following weightings and summating: Mechanical Engineer (50%) Civil/Structural Engineer (10%) Electrical Engineer (10%)

Instrumentation Engineer (20%) Planner (10%)

T2.2-25 Previous Experience Tenderers are required to demonstrate their experience in the delivery of similar services, and to this end shall supply a sufficiently detailed reference list with contact details of

existing clients and also indicate their previous experience of their design, installation and commissioning capability.

Instrumentation (PLC & SCADA)

4 20

Fire Fighting - Mechanical

12

Electrical

2

Civil/Structural 2


________________________________________________________________________________________________


T2.2-41 Approach Paper For full details refer to Returnable Schedule T2.2-41 Approach Paper. The approach paper must respond to the scope of work and outline the proposed approach / methodology including that relating to programme, with specific reference to meeting key dates and method statement in respect of the : Contract Data Part 1. The approach paper should articulate what the tenderer will provide in achieving the stated objectives for the project which should include a high level project schedule and cash flow. The tenderer must as such explain his / her understanding of the objectives of the works and the Employer’s stated and implied requirements, highlight the issues of importance, and explain the technical approach they would adopt to address them. The approach paper should explain the methodologies which are to be adopted and demonstrate its

compatibility. The approach should also include and outline processes, procedures and associated resources, to meet the requirements and indicate how risks will be managed.

Instrumentation (PLC & SCADA)

4 20

Fire Fighting - Mechanical

12

Electrical

2

Civil/Structural

2

T2.2-53 Proposed Organisation and Staffing

The tenderer should propose the structure and

composition of their team i.e. the main

disciplines involved, the key persons responsible

for each discipline, and the proposed technical

and support staff and site staff. The roles and

responsibilities of each key person should be set

out as job descriptions. In the case of an

unincorporated/incorporated joint venture it

should indicate how the duties and

responsibilities are to be shared.

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:

T2.2-02 Programme

T2.2-07 Management & CVs of Key Persons

T2.2-25 Previous Experience

T2.2-41 Approach Paper

T2.2-53 Organisation & Staffing

The minimum number of evaluation points for functionality is 60

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)

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.

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:

80 where the financial value inclusive of VAT of one or more responsive tenders received have a value

below or equal to R 50million, 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 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) the tenderer fully and properly completes T2.2-34 Supplier Declaration Form

h) 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).


NEC3 Professional Services Contract PAGE 1 Part C1 PRO-FAT-0209 Rev05 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: Term contract

dispute resolution Option W1: Dispute resolution procedure

and secondary Options

X1: Price adjustment for inflation

X2 Changes in the law

X7: Delay damages

X9: Transfer of rights

X10: Employer’s Agent

X18: Limitation of Liability

Z: Additional conditions of contract

Z1:

Obligations in respect of Supplier Development Programme (SDP)

Z2:

Obligations in respect of Joint Venture Agreements

Z3: Additional obligations in respect of Termination

Z3: Right Reserved by Transnet to Conduct Vetting through SSA

Z4:

Additional Clause Relating to Collusion in the Construction Industry

Z5:

Protection of Personal Information Act

of the NEC3 Professional Services Contract (June 2005) (amended June 2006 and April 2013)



10.1 The Employer is (Name): Sishosonke Dlamini acting on behalf of Transnet Group Capital , Subsidiary of Transnet SOC Ltd

(Registration No. 1990/000900/30)

Address

Having elected its Contractual Address for the purposes of this contract as:

Registered address:

2nd Floor

Waterfall Business Estate 9 Country Estate Drive

MIDRAND 1662

Transnet Group Capital

Queens Warehouse

237 Mahatma Gandhi Road Durban

4001

Tel No. 031 361 1115

11.2(9) The services are Engineering Services for Island View Berth 9 Fire Fighting Infrastructure

11.2(10) The following matters will be included in the Risk Register

Traffic Congestion

11.2(11) The Scope is in Part C3.1: Scope of Services

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 weeks

13.6 The period for retention is Three (3) years following Completion or earlier termination

2 The Parties’ main responsibilities

25.2 The Employer provides access to the

following persons, places and things

as defined in the Scope

3 Time

31.2 The starting date is 18 June 2019

11.2(3) The completion date for the whole of the

services is 22 May 2024

31.1 The Consultant is to submit a first programme for acceptance within

2 weeks

32.2 The Consultant submits revised programmes at intervals no longer than

4 weeks



4 Quality

40.2 The quality policy statement and quality

plan are provided within

As defined in the Scope of services.

41.1 The defects date is 26 Weeks after Completion of a Task for the

services associated with such Task

5 Payment

50.1 The assessment interval is 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

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.

1.1 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 the conditions of contract

8 Indemnity, insurance and liability

81.1 The amounts of insurance and the periods

for which the Consultant maintains insurance are

Event Cover Period following Completion of the

whole of the services or earlier termination



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

52 Weeks

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

0 Weeks

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 R5 000 000.00



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 policies, the Consultant’s 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 Rand) 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 final total of the Prices.

9 Termination No additional data required for this section of

the conditions of contract

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 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 Chairman of the Association of Arbitrators (Southern Africa)

W1.4(2) The tribunal is: Arbitration

W1.4(5) The arbitration procedure is The Rules for the Conduct of Arbitrations of the

Association of Arbitrators (Southern Africa)



The place where arbitration is to be held is Durban, KwaZulu Natal, 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 The “Consumer Price Index (CPI)” for “All Items” as published by Statistics South Africa in

Table 1 of the Statistical Release P0141,

“Consumer Price Index - Additional Tables”.

The staff rates are

The staff rates are fixed at the Contract Date

and are not variable with changes in salary

X2 Changes in the law

X2.1 The law of the project is The Law of the Republic of South Africa subject to

the jurisdiction of the Courts of South Africa.

X7 Delay Damages

X7.1

Delay damages for late Completion of the whole of the works are:

R5000 per day and Capped at 10% (ten percent) of the total of prices.

X10 The Employer’s Agent

X10.1 The Employer’s Agent is

Name: Sishosonke Dlamini

Address Queens Warehouse 237 Mahatma Gandhi Road

Durban

The authority of the Employer’s Agent is The Employers Agent is delegated to carry out

all the actions of the Employer in this contract with the exception of those required by clauses

51.1, 90, 91 and 92 (Termination)

X18

Limitation of liability

X18.1 The Consultant’s liability to the Employer for indirect or consequential loss is limited to:

Capped at 10% (Ten) percent of the total of the

Prices



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.

Z Additional conditions of contract

The additional conditions of contract are

Z1 Additional Clause Relating to Collusion in the Construction Industry

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 negotiated

per Task Order.

Z1.2

The Consultant’s SD Plan constitutes an offer to

perform all its SD commitments to a minimum of 15 % of the total of the Prices at the Task Order Date and

within the negotiated time periods, identified by the SD

Milestone Dates.

Z1.3

In order to prevent any doubt, the Consultant’s SD

obligations shall not constitute a separate Task in the task schedule. The value of the Consultant’s SD

commitments shall be included in the total of the Prices

to Provide the Services. No specific payment for SD will therefore be made by the Employer.

Z.1.4

The Employer’s Agent will verify the exact dates,

constituting the Milestone Dates for SD, by instruction after the Task Order 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.

Z1.5 The Consultant shall deliver and action its SD

commitments as outlined in the SD Plan, which progress will be reported by the Consultant to the

Employer on a monthly basis during the term of the Contract.

Z1.6 The Consultant shall provide to the Employer, upon

receiving an instruction to do so, 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 Date.



Z1.7 The Consultant shall provide the said documentation and/or evidence within the period stated in the

instruction. Where the Consultant fails to provide the documentation and/or evidence within the period

stated, it will be deemed that the Consultant has failed

in full 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 Date Condition per Task Order, 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 deduct this amount not paid by the Consultant from the next assessment of the

amount due as certified by the Employer’s Agent.

Obligations in respect of Joint Venture

Z1.1 Insert the additional core clause 25.5 25.5. 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 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 constittuents’ 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 Works;

ii. identification of the leader in the joint venture confirming the authority of the leader to bind the joint venture through the Consultant’s representative;

iii. 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;

the names of the auditors and others, if any, who will provide auditing and accounting services to the Joint Venture

Z1.2 Insert additional core clause 25.6 25.6 The Consultant shall not alter its composition or legal status of the Joint Venture without the prior approval of the Employer.

Z2 Additional obligations in respect of Termination

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)’

Z3 Right Reserved by Transnet to Conduct Vetting through SSA

Z3.1 Transnet 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.



Z4 Additional Clause Relating to Collusion in the Construction Industry

The contract award is made without prejudice to any rights Transnet may have to take appropriate action later with regard to any declared bid rigging including blacklisting.

Z5 Protection of Personal Information Act 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.



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)1 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 152 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: Refer to Part C2.3

25.2 The Employer provides access to the following persons, places and things

As defined in the Scope of Services

G Term contract

11.2(25) The task schedule is in Refer to Part C2.2

1 Available from Engineering Contract Strategies Tel 011 803 3008 Fax 011 803 3009

Transnet Group Capital Tender Number: 2123421X-740 Description of the services: Engineering Services for Island View Berth 9 Fire Fighting Infrastructure ___________________________________________________________________________________________

PAGE 1 C3.1 Part C3: The Scope Employer’s Scope of services FORM: PRO-FAT-0222 Rev03

PART C3: THE SCOPE

Document reference

Title No of pages

This cover page 1

C3.1 Employer’s Scope of services 25

Total number of pages 26



Contents

PART C3: THE SCOPE ....................................................................................................................................... 1

C3 SCOPE OF SERVICES ........................................................................................................................... 3

1 EXECUTIVE OVERVIEW ..................................................................................................................... 3

2 EMPLOYER’S OBJECTIVES ............................................................................................................... 3

3 ENGINEERING AND THE CONSULTANT’S DESIGN .................................................................... 3

4 GOVERNING CODES, STANDARDS AND SPECIFICATIONS ................................................... 11

5 DOCUMENTS AND DRAWINGS...................................................................................................... 13

6 SITE SERVICES AND CONSTRUCTION CONSTRAINTS ........................................................... 14

7 MANAGEMENT AND START UP ...................................................................................................... 15

8 PROCUREMENT ................................................................................................................................. 23



C3 Scope of services

1 Executive Overview Fire protection plant forms a critical part of the berth infrastructure due to the nature of the products

handled and the fire risks associated with these products. Island View Berths 1 to 8, which are adjacent to each other, have a central water and foam injection (CFI) system which adequately protects the

berths in the case of a fire emergency. Berth 9, due to its position across the channel, is not catered

for within this system. Should a fire emergency arise at Berth 9, the present facilities at the berth together with the supporting facilities which have to be deployed are deemed inadequate in terms of

the Port’s philosophy of containment within the shortest possible time. Furthermore, being a chemical berth, the type of product handled at Berth 9 dictates that a specialised firefighting system is required

to effectively deal with such emergencies.

Currently additional tanker berth firefighting capabilities are provided by portable firefighting equipment

which must be brought to the fire site by vehicle. The water supply from the local authority for the fresh water reticulation does not meet the required firefighting water pressure and flow rate, which

makes firefighting operations from the shore side ineffective. It is also compounded by the fact that the tanker jetty (Berth 9) extends more than 30m away from land, rendering it difficult and/or even

impossible to reach the shore-side of the tanker ship’s discharge manifold installation.

A standalone firefighting system has been previously designed for Island View Berth 9. The system

consists of a dedicated salt water intake pump station, foam tanks, berth foam pouring monitors, fire /foam hydrants complete with a control room, security kiosk and electrical substation. A complete

Approved for Construction (AFC) pack is available for the design.

A desktop value engineering exercise has been done by Transnet and initial indications show it may

be more cost effective to omit components of the standalone system viz the salt water pump house, control room, security kiosk and electrical substation etc. and rather extend the existing salt water/foam

solution main from Berth 10/ Abadan Road to Berth 9.

This project entails the investigation into this option and if feasible, the preliminary and detailed design

(AFC) of the proposed solution as well as construction monitoring.

2 Employer’s objectives

The Employer’s objective is to obtain a more cost effective and efficient design solution while still meeting the regulatory requirements and ensuring that the fire risks are adequately managed. The

provided solution must be able to integrate fully into the existing SCADA and control system.

3 Engineering and the Consultant’s design

3.1 Employer’s design

3.1.1 The previous design for the Berth 9 standalone sea water firefighting infrastructure was undertaken by AECOM SA (Pty) Ltd. and shall be provided for information purposes only.

The Employer grants the Consultant a licence to use the copyright in design data presented

to the Consultant for the purpose of the Works only. In the use of the design data, the Consultant shall however ensure that the design solution is correct, fit for purpose and

shall take full design responsibility for the solution provided.



3.2 Consultant’s design

3.2.1 The Consultant is to provide the following parts of the Engineering Services in line with

ECSA Reg. (as referenced in Section 1.3: Interpretation and Terminology):

Review the previous design undertaken for the fire protection system;

Assessment of the current site conditions and available fire protection systems that

could be utilised to feed the new system;

Undertake any testing, verifications and gathering of AS-Built data;

Conceptual design of a more efficient and cost effective fire protection system with the

outlook of a CAPEX lean design;

Design to 100% detail of the fire protection system;

Compilation of the NEC 3 tender documentation including priced BOQ;

Prepare all documentation required by the Project Lifecycle Process;

Compilation of detailed AFC drawings for the entire system;

Perform duties of the engineering designers role in construction;

Design services and construction monitoring in line with the stages stipulated in ECSA

Reg.; and

Design all control, instrumentation, and automation requirement in order to extend the

existing CFI control system and SCADA to fully integrate with the berth 9 fire protection system.

Testing and Commissioning of the Systems after construction.

3.2.2 The Parties shall agree that copyright in the data, design and documents shall, after payments by the Employer for the services to the Consultant, lie with the Employer, subject

to the Employer’s indemnification against any claim from any party, which may arise as a

result of the Employer’s use of such a document, due to the Consultant’s infringement of copyright.

3.2.3 The Consultant shall be an integrated member of the professional team and his areas of responsibility as included in the Engineering Professions Act 2000, published by the

Engineering Council of South Africa (and not limited to), shall be to:

Report to the Employers Agent with respect to the contract,

Review, familiarize and understand the proposed site including all constraints and environmental factors,

Perform all site surveys and investigations,

Perform designers/engineers role in terms of the OSH Act 85 of 1993, Form an integral part of the project team for the construction, Assist the project team in meeting project goals and objectives, Undertake detail design, Develop project documentation and reports, 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 Group Capital, Project Management and

Documentation control procedures, Prepare drawings as per Transnet Group Capital drawing standards (Annexure H), Hand over all documentation including drawings in native file format, The Consultant is to carry out this 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.

3.3 FEL-3 Engineering Services (in line with ECSA Reg. Stages 3 & 4)

3.3.1 Design Review and Conceptual Design

3.3.1.1 This section of the Scope of Work covers the activities to be undertaken by the Consultant in connection with the review of the previous design done for the system as well as to

investigate a more cost effective and efficient solution while providing the same or better level of fire risk mitigation measures.

3.3.1.2 The Consultant’s area of services are:

Review all documentation provided for the previous design and understand the previous

design methodology and premise;

Assessment of the current site conditions (including flow and pressure testing of the

salt water/foam solution pipeline) and available fire protection systems that could be

utilised to feed the new system;

Conceptual design of the fire protection system to meet all the regulatory and Transnet

requirements as well as taking into account the criteria as per item 3.3.1.6 below; and

Prepare a Feasibility report detailing the conceptual design proposed, the high level

cost estimate for the construction and the cost savings achieved from the previous

design.

3.3.1.3 The scope requires the Consultant to investigate a different supply for the water/foam,

however the layouts previously produced for the suppression equipment should be utilised as the basis of the design as these will provide guidance as to the fire suppression

equipment that is required by the type of vessels and the method of operations. The Consultant is however still responsible for the design of the suppression system and the

placement of the suppression equipment and shall ensure that these meet the regulatory

requirements and are sufficient for the size of vessels anticipated to be catered for.

3.3.1.4 The salt water/ foam pipework is purged after use and foam is only injected when a fire is

detected and foam is required. Due to the long pipe lengths anticipated in the proposed system it is anticipated that the foam solution will take some time to reach the monitors as

and during this “lag” period there is only salt water that will be provided at the monitors.

In order to mitigate this “lag” in the fire protection system, the Consultant shall investigate the repurposing of the existing fresh water storage tank and pumps located at berth 9 to

be utilised to store foam and inject it into the water to provide foam solution on the berth until the main system can provide the foam solution. The Consultant shall ensure that this

“lag” time is taken into account and verification that the system will still meet the regulatory

requirements shall be taken into account in the conceptual design phase.

3.3.1.5 The Consultant shall take the pipe routing into account when developing the conceptual

design and shall ensure that the pipe route selected minimises the cost in terms of the



length of pipe as well as the works that need to be done for installation and the plant to

support the pipework.

3.3.1.6 The following guideline should be considered in the conceptual design and the Consultant shall endeavour to include these items into the design if practical. Should the items not be included in the concept, the Consultant shall provide a reports as to why these were not

practical.

Provide sea water/foam solution supply pipes to supply the new fire system from

the existing system. The Route to be utilised is proposed to be from the existing pipework along Causeway Road and connecting into the new system on Abadan

Road as per the Figure 1 below.

The supply pipes shall be provided in duplicate to ensure the supply is not

interrupted due to maintenance or failure of a single pipe.

The existing fresh water tank at berth 9 shall be converted to a foam storage tank

and shall be utilised for the storage of the foam concentrate.

Remote controlled fire monitors should have a flow rate of foam solution of not

less than 8000 litres/minute.

A fire wall with a minimum 4 hour fire resistance shall be built on the road side

behind berth 9 to protect infrastructure.

The fire monitors shall be provided with hard wired controls behind the fire wall as

well as be integrated into the existing SCADA system in order for the monitors to be controlled remotely.

CCTV cameras shall be installed for remote viewing of the berth. A viewing station

shall be provided next to the hard wired controls behind the fire wall in order for the monitors to be operated effectively. The CCTV cameras shall also be compatible

and connected to the existing CCTV camera system installed in berths 1, 4, 6 and 8. The CCTV cameras shall have night vision capabilities.

CCTV cameras shall be situated at Causeway road and shall have sufficient optical

magnification to provide visual monitoring of berths 1 to 10 (including berth 9)

from the sea side.

The fire water pipework shall contain leak detection to determine if any leaks are

present or if there is any unauthorised use of the seawater. A new sequence path

has already been programmed onto the existing PLC control system which can be utilised for the leak detection. The warnings shall be integrated to show on the

existing SCADA system.



Figure 1: Proposed Fire Water Supply Pipe Route

3.3.2 Detailed Design

3.3.2.1 This Scope of Services covers the activities to be undertaken by the Consultant in

connection with the professional services for the complete detailed design of the firefighting reticulation system utilising after acceptance of the conceptual design.

3.3.2.2 The Consultant’s area of services are:

Prepare detailed engineering designs, inclusive off all mechanical, structural, civil,

electrical and control & instrumentation, for the firefighting reticulation system in order to complete and commission the system.

Undertake complete hydrology model to accurately verify the design, dimensions and

functionality of the system;

Undertake pipe stress analysis to model pipe movement, identify pipe support locations

and type of supporting structures required;

Undertake HAZOP study and facilitate workshops with the Employer;

Prepare 100% AFC drawings, inclusive off all mechanical, structural, civil, electrical and

control & instrumentation, for inclusion in the construction tender pack. The drawings

shall include but not be limited to: o Schematic layout showing the entire layout of the system; o Detailed piping drawings, including joint details and positions; o Piping and tie-in schedules; o Process Flow Diagrams; o Piping & Instrumentation Diagrams (P&IDs) o Valve and fittings schedules; o Electrical and instrumentation layouts and terminations; o Welding schedules and weld maps where required; o Structural support and pipe support detailed drawings; o FM (or other) structural models produced in the design (where applicable).



3.3.3 Project Documentation Deliverables

3.3.3.1 The Consultant is required to develop project document deliverables in order for the

Employer to go out to the market for the construction of the works. The documentation shall include but not be limited to the following:

Development of Design Data:

o Design Methodology/criteria;

o Engineering Drawings (100% AFC);

o Calculation sheets;

o Engineering Design Report;

o Technical specifications for construction (Tender pack);

o Testing and Commissioning Plan.

Project costing:

o Basis of the estimate (the Consultant shall provide an estimate within 5%

accuracy to include, amongst others, construction cost, preliminary costs and including escalation allowance costs;

o Detailed priced and unpriced bill of quantities; o Executive summary and breakdown of the estimate.

Construction Execution Schedule:

o Basis of schedule;

o Level 4 schedule (time and resource loaded).

3.4 Construction Engineering Services (as per ECSA Reg. referenced in

Section 1.3)

3.4.1 The Construction Engineering Services 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:

Engineering supervision as per ECSA designers role, construction monitoring normal

services and additional services to ECSA Level 2 as stipulated in ECSA Reg.;

Perform any remaining engineering design related to changes that may be presented

and update drawings;

Respond to all Field Engineering Queries;

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 plant (inclusive of FAT’s,

SAT’s);

Perform all quality control/management activities forming part of the project team

which included:

o Reviewing of quality control procedures;

o Inspection of fabricated/procured plant; and

o Review of construction methods statements.

Monitoring to ensure that construction services are done as per design;

Issue of design certification (construction alignment to design);

Mechanical completion and commissioning;



Attendance of project meetings, design review meetings and stakeholder

engagements;

Update and issue drawing registers;

Prepare and issue As-built drawings (PDF and native format);

Provide input to and review Operational and Maintenance manuals and data books;

Provide guidance, coaching and mentorship to junior staff;

Assisting the project team in resolving compensation events;

Complete and sign of As-Built drawings.

3.5 Procedure for Submission and acceptance of Consultant’s Design

3.5.1 The Consultant documentation shall be issued to the Employer’s Agent 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

Employer’s Agent.

3.5.2 The Consultant shall deliver both hard copies (full size) and electronic media copies (CD

Rom) to the Project Manager at the address stated within the Contract Data. For the purposes of the Tender, provision must be made for the supply of one (1) copy in each

format, for each submission.

3.5.3 All electronic documentation shall be submitted by the Consultant in Adobe Acrobat (.pdf)

and Native file format which complies with the Employer’s requirements for engineering

drawings, which is available upon request.

3.5.4 Acceptance of documentation by the Project Manager will in no way relieve the Consultant of his responsibility for the correctness of information, or conformance with his obligation to provide the works. This obligation rests solely with the Consultant.

3.5.5 After review, a copy of the original reviewed/marked-up drawing/document, with the

Project Manager’s consolidated comments and document status marked on the Consultant Review Label, is scanned and the hard copy shall be returned to the Consultant under cover

of the project’s Transmittal Note for revision or re-submittal as instructed.

3.5.6 The Consultant shall allow the Project Manager two (2) weeks to review and respond to

the Consultant’s submission of their documentation, i.e. from time of receipt by the Project Manager to the time of despatch.

3.5.7 On receipt of the reviewed documentation, the Consultant shall make any modifications

requested/marked-up and resubmit the revised documentation to the Project Manager within two (2) weeks. Queries regarding comments/changes should be raised with the

Project Manager prior to re-submittal.

3.5.8 Any re-submittals, which have not included the changes/comments identified, will be

returned to the Consultant to be corrected. The Consultant shall re-issue the revised

documentation incorporating all comments and other specified details not included in the previous issue within two (2) working days of receipt of the marked-up document (unless

otherwise agreed to in writing by the Project Manager).



3.6 Use of Consultant’s Design

3.6.1 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 construction, re-construction, refurbishment, repair, maintenance and extension of the

works with such licence being capable of 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.

3.7 Consultant Documentation Standards for Submission

3.7.1 In undertaking the ‘Services’ all documentation and data prepared and submitted by the Consultant shall conform and adhere to the requirements of:-

‘Contractor Documentation Submittal Requirements’ Standard (DOC-STD-0001)

included in Annexure G Programme CAD Standards (ENG-STD-0001) included in Annexure H

Note:

A ‘Starter Kit’ containing the standard Project drawing templates shall only be issued

upon Contract Award in electronic ‘native’ format under cover of the Project Transmittal Note.

3.7.2 Each supplier of documentation and data to the Project is responsible for ensuring that all documentation and data submitted conforms to the Project Standards and data Quality

requirements in terms of numbering, uniqueness, quality, accuracy, format, completeness

and currency of information. Data not meeting the Project Standards and data Quality requirements will be cause for rejection and returned to the Consultant for corrective action

and re-submission.

3.7.3 Should any change be made to documentation or data, which has already been submitted

to the Project, then new or revised documentation or data shall be issued to replace the outdated information.

3.7.4 All drawings supplied shall comply with the Programme CAD Standards, i.e. ENG-STD-0001.

3.7.5 It is the responsibility of all Project Participants undertaking work on the Project to ensure they obtain and comply with the relevant requirements to suit their deliverables and Scope

of Work.

3.7.6 The Consultant is to ensure that the latest versions of the required application software

and a suitable ‘IT’ Infrastructure are in place to support the electronic transmission of

documentation.

3.7.7 Electronic files submitted to the Project shall be clear of known viruses and extraneous

“macros”. The supplier of documentation is required to have, at all times, the latest generation of virus protection software and up-to-date virus definitions.

3.7.8 All documentation and data created for the Project shall be numbered and named according to the TGC Codification Procedure. Such numbering is only available from the Project’s

Document Control Group.

3.7.9 The Consultant shall, prior to acceptance of a Purchase Order/Contract, determine that he has the ability to satisfy the requirements for documentation and data as specified within

the standards, i.e. DOC-STD-0001: ‘Contractor Documentation Submittal Requirements’ and ENG-STD-0001: Programme CAD Standards.

3.7.10 The Consultant shall be responsible for the supply of all Sub-Supplier/Manufacturer, etc.

documentation and data related to their package of work, and shall ensure that these Sub-Suppliers have the capability to supply the necessary documentation and data in the



required time-frame and quality as outlined in the specified standards prior to awarding

sub-orders. 3.7.11 The required format of documentation and data shall as a minimum be as follows:-

Hard Copy (full size);

PDF; and

‘Native’ file format

3.7.12 The Consultant shall apply “wet signatures” to the original Documentation before scanning the signed original and prior to formal submission to the Project.

3.7.13 Final issues of all documentation shall be supplied to the Project in “wet signature” format along with the associated corresponding electronic ‘native files’ and PDF renditions.

3.7.14 The Consultant shall ensure adequate resources are available to manage and execute the

Document Control function as per the requirements of the Project. 3.7.15 The Consultant shall retain copies of all documentation issued in connection with the

Project for a minimum period of five years after the completion of the Construction Phase of the Project.

4 Governing Codes, Standards and Specifications

4.1 Reference Specifications and Standards

4.1.1 The latest revision of any Specification referred to in this specification, shall be applicable.

4.1.2 In addition to the specifications, the Project will comply with the following relevant Acts and Regulations as listed below:

Occupational Health and Safety Act 85 of 1993;

The S.A. National Building Regulations and Building Standards Act. (Act 103 of 1977);

South African National Standards and Codes of Practice;

The local, provincial or S.A. Government laws in force at the time;

4.1.3 The SI (“Le Systeme International d’ Unites”) – Metric System of Units shall apply. Refer to SANS – M33A: The International Metric System: Guide to the use of the SI in South

Africa.

4.1.4 The specifications given below are to be used as a guideline and it is the responsibility of the Consultant to ensure compliance with all applicable regulations, statutory requirements

and national/international codes, standards and specifications.

Table 1: Codes, Standards and Specifications

Standard No. Description

SANS 10400 The Application of the National Building Regulations

ISGOTT International Safety Guideline for Oil Tankers and Terminals

TNPA Port of Durban – Pipeline Decommissioning, Removal,

Abandonment & Suspension - Code Of Practice.



SANS 10108 The Classification of Hazardous Locations and the Selection of Equipment for Use in Such Locations

SANS 347:2012 Categorisation and Conformity Assessment Criteria for all Pressure

Equipment

SANS 62 Steel pipes - Part 1 and 2

SANS 10044 Welding

SANS 2560 Welding Consumables

SANS 121 Hot Dip Galvanized Coatings on Fabricated Iron and Steel Articles

SANS 10140 Identification Colour Marking

SANS 8501-3 Preparation of Steel Substrates Before Application of Paints and

Related products

SANS 1808 Water Supply and Distribution System Components

SAICE Site Investigation Code of Practice ; The Geotechnical Division of

SAICE

SANS 543 Fire Hose Reels

SANS 1056-1 Ballvalves Part 1: Fire-safe valves

SANS 1123 Pipe flanges

SANS 1128

Fire-fighting Equipment Part 1: Components of underground and

above-ground hydrant systems

SANS 1186-1 Symbolic safety signs Part 1: Standards signs and general

requirements.

4.2 Noise and Attenuation

4.2.1 In respect of noise control and attenuation the Consultant shall be responsible for the

selection, supply and installation of all sound attenuators, spring mounts, mass bases, flexible connections, spring hangers, etc. as required by the Consultant’s detailed design

to comply with all relevant SANS standards and the OHS Act. 4.2.2 The Consultant shall ensure that where pipes pass through concrete, brick or other

structural members and finishes. This is achieved without transmission of noise and

vibration.

4.3 Welding

4.3.1 Welding shall be specified in the Consultant’s design in accordance with the current edition

of SANS 10044 where applicable.

4.3.2 The Consultant shall denote the type of quality control procedures to be used for checking

of weld quality in the QMP.



4.4 Corrosion Protection

4.4.1 The Consultant shall ensure that all Plant and systems are designed to the highly saline,

corrosive nature of the environment and the medium being used for fire suppression to ensure longevity of the system.

4.5 Energy Reduction Strategies

4.5.1 The Consultant shall ensure that “Green” building principals are applied in the design of all

systems to comply with all relevant legislation and to ensure that all systems are efficient.

5 Documents and Drawings 5.1 Drawings and Documents Issued by the Employer

Table 2: List of Drawings

Drawing Number Drawing Title

2123421-1-000-G-LA-0000-01-0A Locality Plan

2123421-1-000-G-LA-0000-02-0A Site Plan

Civil

2123421-1-000-C-LA-0200-01-0A Layout Plan, Setting out Details and Sections

2123421-1-000-C-LA-0200-02-0A Combined Services and Layout Plan

Mechanical

2123421-1-000-P-LA-0500-01-0A Pipe Layout

2123421-1-000-P-SE-0500-02-0A Cross Sectional Details

2123421-1-000-P-DE-0500-03-0A Fire Monitor Details

2123421-1-000-P-SE-0500-04-0A Pressure Tapping Ring Detail

2123421-1-000-P-LA-0500-20-0A Hazardous Area Classification

2123421-1-000-P-DE-0500-21-0A Fire Hydrants

2123421-1-000-P-SE-0500-22-0A Control Tower Sprinkler System Coverage

2123421-1-000-P-DE-0500-23-0A Control Tower Sprinkler System Coverage 1

2123421-1-000-P-DE-0500-24-0A Control Tower Sprinkler System Coverage 2

Structural



2123421-1-000-B-LA-0600-03-0A Fire Wall Plan Layout

Process

2123421-1-000-F-PF-0800-01-0A Process and Instrumentation Diagram

2123421-1-000-F-PF-0800-02-0A Process and Instrumentation Diagram Legend

Table 3: List of Documents

Document Number Document Title

2123421-1-000-E-SP-0003 Functional Design Specification – remotely Controlled

actuated valves system

ENG-STD-0001 CAD Standards

2123421-SP-0800-01-0A Technical Specification: Functional Design

Specification

2123421-SP-0500-01-0A Technical Specification: Mechanical

6 Site Services and Construction Constraints

6.1 Information to be obtained from site

6.1.1 The Consultant shall acquaint himself with the nature of the construction works, the

conditions under which the construction works are to be performed, and the means of

access to the site and, in general, with all matters that may influence or affect the Consultant’s ability to provide the Services.

6.1.2 The Consultant shall be deemed to have allowed in their tender for any additional cost that may be incurred due to the foregoing as no claims for any extras in connection with

the position or nature of the construction work will be considered.

6.2 Employer’s site entry and security control, permits and site regulations

6.2.1 The Consultant shall comply with the Employer’s Site entry and security control, permits,

site regulations and Port rules.

6.2.2 The Consultant shall take out temporary entry permits for all staff working within the

harbour. All costs incurred shall be borne by the Consultant or his staff. All associated costs shall be borne by the Consultant. Management of access and permit application will

be managed by the Consultant.

6.3 People restrictions on Site; hours of work, conduct and records:



6.3.1 The Consultant complies with the following hours of work for his people (including

subcontractors) employed on the Site:

6.3.2 The contractual working week shall be 5 day work week. The working hours shall be in

accordance with the requirements of the Department of Labour or with the agreement of the relevant trade unions.

6.3.3 The Consultant shall keep daily records of his people engaged on the Site and Working

Areas (including any Sub-Consultants) with access to such daily records available for inspection by the Employer’s Agent, Project Manager and/or Supervisor at all reasonable

times.

6.4 Facilities and equipment to be provided by the Employer

No facilities or equipment are provided by the Employer. The Consultant may however,

make arrangements with the Employers Agent or Others to make use of meeting room facilities and other resources.

6.5 Completion, testing and correction Of Defects

6.5.1 The work to be done by the completion date of the construction contract

6.5.1.1 The Consultant shall play a critical role at this stage of the project to ensure that the permanent works are constructed within the design parameters, is defect free and meets

all the specified requirements and functionality to enable the Employer’s Agent to issue a Takeover Certificate for phased completion.

6.5.1.2 The Consultant shall also be responsible for the signoff and preparation of the final as built drawings in order to facilitate the issuing of the Completion Certificate by the

Employer’s Agent.

7 Management and start up

7.1 Documentation Control

7.1.1 In undertaking the Works all documentation requirements shall be dealt with in

accordance with document DOC-STD-0001 – Rev03 (Consultant Documentation Submittal

Requirements), as contained in Annexure E.

7.1.2 The Consultant’s Documentation Schedule (CDS) is as contemplated in DOC-STD-0001 –

Rev 03, as contained in Annexure E.

7.1.3 The Consultant’s documentation “Starter kit”, as contemplated in DOC-STD-0001 – Rev

03, will be issued at the kick-off meeting following award.

7.1.4 All contracts correspondence is issued through document control. All hard copy

communication will be delivered to the Employer via the Document Controller at the

project Site office document control department. In the event of urgent communication, electronic communication can be transmitted to the Project Manager and the relevant

document controller copied in.

7.1.5 Each supplier of documentation and data to the Project is responsible for ensuring that all

Documentation and data submitted conforms to the Project Standards and data Quality

requirements in terms of numbering, uniqueness, quality, accuracy, format, completeness



and currency of information. Data not meeting the Project Standards and data Quality

requirements will be cause for rejection and returned to the Contractor for corrective action and re-submission.

7.1.6 Should any change be made to documentation or data, which has already been submitted to the Project, then new or revised documentation or data shall be issued to

replace the out-dated information.

7.1.7 It is the responsibility of all Project participants undertaking work on the Project to ensure they obtain and comply with the relevant requirements to suit their deliverables

and Scope of Work.

7.1.8 The Consultant is to ensure that the latest versions of the required application software

and a suitable ‘IT’ Infrastructure are in place to support the electronic transmission of documentation.

7.1.9 The Consultant shall be responsible for the supply of all Sub-Consultants etc.

documentation and data related to their package of work, and shall ensure that these Sub-consultants have the capability to supply the necessary documentation and data in

the required time-frame and quality as outlined in the specified standards prior to awarding sub-orders.

7.1.10 The required number of copies shall as a minimum be three (3) (1x original + 2 x hard

copies), with the corresponding PDF and ‘Native’ file formats upon final submission.

7.1.11 The Consultant shall apply “wet signatures” to the original Documentation before

scanning the signed original and prior to formal submission to the Project.

7.1.12 The Consultant shall ensure adequate resources are available to manage and execute the

Document Control function as per the requirements of the Project. (The Consultant shall ensure that a dedicated Document Controller is available for the Project)

7.2 Health & Safety Requirements

The Consultant shall comply with the Health and Safety requirements contained in the HAS-

STD-001 ‘Transnet Capital Projects Health and Safety and Procedural Compliance with the Occupational Health and Safety Act and Applicable Regulations’ to this Works Information.

The Consultant shall comply with all applicable legislation, regulations issued in terms thereof

and Transnet’s safety rules which shall be entirely at the Consultant’s cost and which shall be

deemed to have been allowed for in the rates and prices.

The Consultant will be required to submit particulars of his Health and Safety Programme within 1 (one) week of award of tender. Particular requirements of the Employer, if any, will be made

known on award of the contract.

The Consultant shall, in particular, comply with the following Act:

(i) The Compensation for Occupational Injuries and Diseases Act, no.130 of 1993. The

Consultant shall produce proof of his registration and good standing with the Compensation Commissioner in terms of the Act and submit with his tender.

(ii) Act 85 of 1993, Occupational Health and Safety Act.

(iii) The Provisional Ordinances and Local Authority, by-laws and all relevant regulations framed there under.



(iv) The Consultant and his employees shall have valid safety inductions when accessing

or working on site. Copies of which shall be submitted to the Employer’s Agent. This will be at a time and location Transnet will arrange. The Consultant must allow for

this in his pricing.

(v) All personnel working on site must have attended the Health and Safety induction

course and be in possession of a permit to access the various sites.

7.3 Environmental constraints and management

The Consultant shall provide a Consultant’s Environmental Management Plan (CEMP)

addressing all the potential impacts of his activities. The Employer’s Agent has the right to request additional specific work method statements should in his opinion this be required.

The Consultant shall make good all damages to the environment to the satisfaction of the Employer’s Agent. The Consultant shall, at all times, comply with the statutes that prohibit pollution of any kind.

These statutes are enacted in the following legislation:

The National Environmental Management Act, 107/1998

The Environmental Conservation Act, 73/1989; and

The National Water Act, 36/1998

The Consultant shall appoint a responsible person to ensure that no incident shall occur on site

that could cause pollution. Where the Consultant was negligent and caused any form of pollution the damage shall be rectified at the Consultant’s cost.

7.4 Programming Constraints

7.4.1 The Consultant’s programme shall correspond with the Employer’s objectives as stipulated in the relevant sections of the Employer’s Works Information inclusive of all

sheets listed in the Annexures and shall be in line with the overall scope of Services, works information, specifications and any other documentation as annexed to this contract.

7.4.2 In planning the services the Consultant’s shall clearly identify the activities durations and the associated resources.

7.4.3 The Consultant takes due cognisance of the phased approach (FEL3 and FEL 4 Tasks) to the project. This may mean that there could be a stop start between

phases/activities/tasks and may not guarantee continuation of work.

7.4.4 The Consultant’s programme shall comply with the stipulations of the relevant sections of the Employer’s works information, which details the minimum Health & Safety constraints

as imposed on the provision of the services.

7.4.5 The Consultant’s programme shall comply with the stipulations of the relevant sections of

the Employer’s works information, which details the minimum Quality constraints as

imposed on the provision of the services.

7.4.6 The Consultant’s programme shall comply with the stipulations of the relevant sections of

the Employer’s works information, which details the minimum Environmental constraints as imposed on the provision of the services.



7.4.7 The Consultant includes any reasonable foreseen and unforeseen constraints,

assumptions and conditions which may arise in line with the overall scope as outlined and the Employer’s Service Information.

7.4.8 The Consultant uses Primavera 6 version 8.2 for his programme submissions, with the use of alternative but similar software package being employed only upon the written

approval of the Employer’s Agent. In the event that the Consultant will be using earlier

or later/more recent versions of the software, the onus is on the Consultant to ensure that a conversion is done in order for the XER/XML file (soft) copy submissions to be

compatible with Primavera 6 version 8.2. Further hereto the Employer is indemnified against any loss or corruption of data as a result of a conversion having to be undertaken

by the Employer on the Consultant’s behalf.

7.4.9 The Consultant’s first programme submitted for acceptance shall be developed and

decomposed such that it is an accurate and robust forecast of the services to be undertaken. This shall be undertaken during the pre-contract negotiation period and no later than the date stipulated under Contract Data Part One.

7.4.10 The Consultant shall take due cognisance of the period for reply as stated in the Contract Data.

7.4.11 The Consultant complies with the Employer’s dates as stipulated within the Contract Data

when he submits his first programme for acceptance and all other subsequent programme submissions.

7.4.12 The Consultant presents his first programme and all subsequently revised programmes (see NEC3 PSC Clauses 31.2 and 32.1) in hard copy and soft copy format; with the

programme model being a Level 4 project schedule for FEL 3 and for FEL 4 phases.

7.4.13 The Consultant shows on his programme submitted for acceptance and/or accepted

programme and all subsequently revised programmes or programme submissions,

showing the critical path or paths and all necessary logic diagrams demonstrating the sequence.

7.4.14 The Consultant’s programme shows duration of operations in working days as per the stipulated definition of the work days and hours as in the Employer’s Works Information.

7.4.15 The Consultant attends, participates in and makes a meaningful contribution to, planning

initiation & set–up meetings held during the pre-contract negotiation period and at weekly intervals during the contract period. The Employer shall define the tools,

processes, procedures as well as methodologies for calculating, measuring and tracking progress. It is the Consultant’s obligation in this regard to employ the aforementioned in

the monitoring and management of performance against the performance measurement

baseline and measurement of progress.

7.4.16 The Contractor’s (Others as appointed by the Employer and/or agents of the Employer) failure to provide a programme shall not absolve the Consultant of their obligation to report accurately, professionally and within the requirement for reporting as stipulated

within this contract.

7.4.17 The Consultant shall coordinate and consolidate the programmes provided by the

contractors (Others as appointed by the Employer and/or agents of the Employer or as

parties contracted by Transnet). The Consultant shall be responsible for the compilation and delivery of robust and accurate reports, performance metrics and programmes.

7.4.18 The Consultant’s programme shows the following levels:



7.4.18.1 Level 1 Master Schedule – defines the major operations and interfaces between

engineering design, procurement, fabrication and assembly of Plant and Materials, transportation, construction, testing, snagging, commissioning and Completion.

7.4.18.2 Level 2 Project Schedule – summary schedules ‘rolled up’ from Level 3 Project Schedule described below.

7.4.18.3 Level 3 Project Schedule – detailed schedules generated to demonstrate all

operations identified in the programme from the starting date to Completion.

7.4.18.4 Level 4 Project Schedule – detailed discipline/speciality level schedule

decomposed to appropriate levels of detail in order to accurately substantiate activity scope and activity duration estimates; developed and maintained by the Consultant

relating to all operations identified on the programme representing the daily activities by each discipline, with activities and operations adequately decomposed in order to

accurately represent the effort required to execute activity/operation and support

accurate duration estimates.

7.4.19 A Basis of Schedule document shall be prepared by the Consultant at intervals as

approved by the Employer’s Agent/ Project Manager accompanying the latest programme submitted for acceptance and detailing but not limited to the following minimum

requirements:

7.4.19.1.1 An overview of assumptions, constraints, specific and quantified resource allocations, productivity assumptions and basis of calculation, identification and justification of

general scheduling provisions such as calendars and working times, lags, date constraints, activity durations longer than one reporting period, etc. Description of

network logic and sequencing, in line with practical changes that have taken place on site/off site within the current reporting period, including changes in previous

assumptions which impact sequencing or logic.

7.4.19.1.2 Description of general approach to execute the scope of service and proposed impact of and changes thereto.

7.4.19.1.3 Description of approach to allocation, use and management of all resources dedicated to the project and proposed impact of and changes thereto.

7.4.19.1.4 Description of and trend analysis of critical risks as identified through schedule risk

analysis and included in schedule contingency and or Time Risk Allowance provisions.

7.4.19.1.5 Discussion regarding the basis, method of calculation and validity of the critical path

and near critical paths, (interrogate longest path and total float as contained in the programme for accuracy and validity) and comparison to conditions of criticality

practically observed on site.

7.4.19.1.6 Reporting on change management, i.e. identify and record any deviations/changes that have taken place within the previous reporting cycle, and their resultant impact

on the remaining works and as identified and highlighted in the current revision of the programme for acceptance.

7.4.19.1.7 Identification of critical activities, as well as near critical activities and undertake trend analysis on such activities with the aim of identify any deviations from planned

performance.

7.4.19.1.8 Identification of any recovery and or mitigation action required in order to neutralise any deviations.

7.4.20 Reporting and Monitoring



7.4.20.1.1 The Consultant reports to the Employer’s Agent or his delegated representative at

intervals suitably agreed.

7.4.20.1.2 Consultant attends meetings as included but not limited to those detailed within the

Employer's works information. Regular meetings of a general nature may be convened and chaired by the Project Manager as follows:

Title and

purpose

Approximate

time & interval

Location Attendance by:

Risk register and

compensation

events

Weekly on (or at

shorter intervals if

required)

On site Project Manager, Supervisor,

Contractor and appropriate key

persons

Overall contract

progress and

feedback

Every two weeks On site Employer, Project Manager,

Supervisor, Contractor and

appropriate key persons

Technical

Meetings

Daily On site Project Manager, Supervisor,

Contractor and appropriate key

persons

SHE meetings Every two weeks On site Appointed Contractor and


Safety and

environmental

review meetings

Weekly On site Appointed Contractor and


7.4.20.1.3 Meetings of a specialist nature may be convened as specified elsewhere in this Scope of Services or if not so specified by persons and at times and locations to suit the

Parties, the nature and the progress of the Works. Records of these meetings are to

be submitted to the Employer’s Agent/Project Manager by the person convening the meeting within five days of the meeting.

7.4.20.1.4 All meetings are to be recorded using minutes or a register prepared and circulated by the person who convened the meeting. Such minutes or register are not to be

used for the purpose of confirming actions or instructions under the contract as these

are to be done separately by the person identified in the conditions of contract to carry out such actions or instructions.

7.4.20.1.5 The Consultant attends management meetings at the Employer’s Agent request as set out but not limited to the table above. At these meetings the Contractor presents

all relevant data including safety, health and environmental issues, progress reports, quality plans, Subcontractor management reports, as may be required for the

Consultant’s comment.

7.4.20.1.6 The Consultant attends weekly planning meetings (or appropriate alternative intervals as approved by the Employer's Agent/Project Manager). Meeting agenda to

include (but not limited to) progress reporting, as detailed under recovery/optimisation, contractual matters in line with NEC3 PSC core clauses 31, 32

and main option, Option G.

7.4.20.1.7 The Consultant submits programme narrative report to the Employer's Agent at fortnightly intervals as well as daily status/target sheets detailing planned/targeted

activities and actuals at daily intervals in addition to the intervals for submission of revised programmes stated under Contract Data Part One. The Consultant also



submits fortnightly expediting report detailing progress of all operations off site and

monthly programme narrative report to Employer's Agent.

7.4.20.1.8 The Consultant completes an assessment of all activities in progress on and off site

and determines percentage complete, forecasted completion dates, deviations from the Accepted Programme/and or the latest programme submitted for acceptance;

and proposes remedial actions to rectify deviations.

7.4.20.1.9 The Consultant’s weekly project progress report (narrative report) includes but is not limited to:

The Level 4 integrated project schedule for FEL 3 and FEL 4,

2-week Look Ahead Schedule showing planned progress for the coming 2 week period,

potential delays/deviations and proposed mitigating action for each activity in question,

Manpower Histogram – reflecting actual, forecasted and planned activities,

S-curves – reflecting the actual physical percentage complete versus the planned physical

percentage for the overall contract,

Identification critical activities, progress and any deviations from planned performance

with recovery plans as required.

7.4.20.1.10 Based on the latest Accepted Programme/ and or the latest programme submitted for acceptance; submitted to the Employer's Agent (whichever most appropriately and

accurately models the progress and condition of the services to date as well as the

remaining services to date); the Consultant is to complete a monthly programme narrative report, submitted a week before the last Friday of each month, or as

required by the Employer's Agent. The report shall indicate “progress this period” and “progress to date” and shall include, but is not limited to, the following;

Summary of progress achieved during the reporting period

Latest Accepted Programme and/or latest programme submitted for acceptance

Deviations from the current Accepted Programme and/or latest programme

submitted for acceptance and or the performance measurement baseline as

included under the Contract Data; as well as associated action plans/ recovery

plans to rectify deviations

Project milestones table – planned versus actual and forecasted completion

Manpower histograms, including a control spreadsheet or similar approved tool,

detailing specific current and future over-allocation and/or conflicts in allocation

and usage of resources.

S-curves of overall progress

Critical action items list (top 10)

7.4.21 Other Conditions



7.4.21.1.1 The Consultant shall comply with the specific provisions of Clause 22.1 of the

conditions of contract (NEC3 PSC) when replacing any key persons previously appointed in line with the provisions of this contract. All persons proposed in line

with the aforementioned procedure are to be subjected to an interview and assessment process conducted by the Employer’s Agent (including other specialists

nominated by the Employer’s Agent). It shall be the Employer’s Agent’s unfettered

right to conduct such assessment process as he deems appropriate. Any replacement of a key person is subject to the Employer’s Agent’s express acceptance in writing.

7.4.21.1.2 It shall be the Employer’s and Employer’s Agent’s unfettered right to exercise the provisions of Clause 22.2, where deemed necessary in order to meet the Employer’s objectives as stipulated in clause 1.2 above.

7.4.21.1.3 When demonstrating entitlement to a change to the Completion Date(s), the

Consultant must take cognisance of the requirements of the conditions of contract

(NEC3 PSC), specifically core Clauses 62 and 63 and all relevant clauses under main Option G; that is, the Consultant must demonstrate the impact of the compensation

event on the remaining work at the specific point in time the compensation event started to occur.

7.5 Quality assurance requirements

The onus rests on the Consultant to produce work which will conform in quality and accuracy of detail to the requirements of the Task Orders and Specifications, and the Consultant must,

at his own expense, institute a quality control system and provide experienced technical staff

together with all transport, instruments and equipment to ensure adequate supervision and positive control of the works at all times.

7.6 Consultant’s management, supervision and key people

The Consultant shall ensure that competent, experienced and dependable resources are available for the full duration of the contract. Every effort must be exercised by the Consultant to minimise the

replacement of key persons in order to ensure continuity and efficiency in providing the Service.

The incumbents below shall demonstrate that she/he has developed the necessary skills, competencies

and experience executing the particular task assigned to, and is fully knowledgeable of the associated activities that are relevant to that task.

The Consultant is required to provide as much evidence as possible to unequivocally demonstrate that

the incumbents below completely satisfy these requirements.

The Consultant shall employ properly qualified and experienced key persons who have developed the necessary skills including and not limited to:

7.6.1 Engineering Manager

The Engineering Manager shall hold a Bachelor’s Degree, i.e. BSc Eng., B Eng. or BTech Eng. in Mechanical, Electrical, Civil Engineering or BSc (H) in Engineering Geology, B Architecture or BTech

Architecture degree. Individual must be professionally registered as a Pr. Eng. or Pr. Tech Eng. with

ECSA in terms of the Engineering Profession Act (Act 46 of 2000) or Pr. Arch or Pr. Arch Tech with SACAP with at least 10 years’ experience in similar projects and magnitude.

7.6.2 Electrical Engineer



The Electrical Engineer shall hold a Bachelor of Science Degree, i.e. BSc Eng., B Eng. or BTech Eng. in

Electrical Engineering, registered as a Professional Engineer (Pr. Eng.) or Technologist (Pr. Tech Eng.) in terms of the Engineering Profession Act (Act 46 of 2000) with at least 15 years of experience in the

design of electrical projects.

7.6.3 Instrumentation Engineer

The C&I Engineer shall hold a Bachelor’s Degree, i.e. BSc Eng., B Eng. or BTech Eng. in Control &

Instrumentation or Electronic Engineering, registered as a Professional Engineer (Pr. Eng.) or

Technologist (Pr. Tech Eng.) in terms of the Engineering Profession Act (Act 46 of 2000) with at least 15 years of experience in the design of control & instrumentation projects.

7.6.4 Mechanical / Piping Engineer

The Mechanical / Piping Engineer shall hold a Bachelor’s Degree, i.e. BSc Eng., B Eng. or BTech Eng. in Mechanical Engineering, registered as a Professional Engineer (Pr. Eng.) or Technologist (Pr. Tech

Eng.) in terms of the Engineering Profession Act (Act 46 of 2000) with at least 15 years of experience

in the design of mechanical fire-fighting projects.

7.6.5 Civil /Structural Engineer

The Civil / Structural Engineer shall hold a Bachelor of Science Degree, BSc Eng., B Eng. or BTech Eng.

in Civil Engineering, registered as a Professional Engineer (Pr. Eng.) or Technologist (Pr. Tech Eng.) in terms of the Engineering Profession Act (Act 46 of 2000) with at least 15 years of experience in the

design of civil / structural projects.

7.6.6 Planner

Planner should have a minimum of 5 years’ experience working in civil construction, electrical and mechanical and instrumentation installation projects undertaking the role of Planner as well as a

background (educational or vocational) in one of the built environment disciplines. In addition experience working with the NEC3 Engineering and Construction Contract Option chosen for this

contract, is an added advantage.

7.7 Insurance provided by the Employer

Procedures for making insurance claims can be obtained from the Employer’s Agent.

7.8 Contract change management

The standard reporting forms that shall be used will be provided to the Consultant.

8 Procurement

8.1 Code of Conduct

Transnet aims to achieve the best value for money when buying or selling goods and obtaining

services. This however must be done in an open and fair manner that supports and drives a

competitive economy. Underpinning our process are several acts and policies that any supplier dealing with Transnet must understand and support. These are:

The Transnet Procurement Procedures Manual (PPM);

Section 217 of the Constitution - the five pillars of Public PSCM (Procurement and Supply

Chain Management): fair, equitable, transparent, competitive and cost effective;

The Public Finance Management Act (PFMA);

The Broad Based Black Economic Empowerment Act (B-BBEE); and

The Anti-Corruption Act.



This code of conduct has been included in this contract to formally apprise Transnet Suppliers of

Transnet’s expectations regarding behaviour and conduct of its Suppliers.

Prohibition of Bribes, Kickbacks, Unlawful Payments, and Other Corrupt Practices Transnet is in the process of transforming itself into a self-sustaining State Owned Enterprise, actively competing in the logistics industry. Our aim is to become a world class, profitable,

logistics organisation. As such, our transformation is focused on adopting a performance culture

and to adopt behaviours that will enable this transformation.

1. Transnet will not participate in corrupt practices and therefore expects its suppliers to act in a similar manner.

Transnet and its employees will follow the laws of this country and keep accurate

business records that reflect actual transactions with and payments to our suppliers.

Employees must not accept or request money or anything of value, directly or indirectly,

to:

- Illegally influence their judgement or conduct or to ensure the desired outcome

of a sourcing activity;

- Win or retain business or to influence any act or decision of any decision

stakeholders involved in sourcing decisions; or

- Gain an improper advantage.

There may be times when a supplier is confronted with fraudulent or corrupt behaviour

of Transnet employees. We expect our Suppliers to use our “Tip-offs Anonymous” Hot

line to report these acts. (0800 003 056).

2. Transnet is firmly committed to the ideas of free and competitive enterprise.

- Suppliers are expected to comply with all applicable laws and regulations regarding fair competition and antitrust.

- Transnet does not engage with non-value adding agents or representatives solely for the purpose of increasing B-BBEE spend (fronting)

3. Transnet’s relationship with suppliers requires us to clearly define requirements, exchange information and share mutual benefits.

Generally, Suppliers have their own business standards and regulations. Although

Transnet cannot control the actions of our suppliers, we will not tolerate any illegal

activities. These include, but are not limited to:

- Misrepresentation of their product (origin of manufacture, specifications,

intellectual property rights, etc.);

- Collusion;

- Failure to disclose accurate information required during the sourcing activity

(ownership, financial situation, B-BBEE status, etc.);

- Corrupt activities listed above; and

- Harassment, intimidation or other aggressive actions towards Transnet employees.

Suppliers must be evaluated and approved before any materials, components, products

or services are purchased from them. Rigorous due diligence is conducted and the

supplier is expected to participate in an honest and straight forward manner.

Suppliers must record and report facts accurately, honestly and objectively. Financial

records must be accurate in all material respects.

Conflicts of Interest

1. A conflict of interest arises when personal interests or activities influence (or appear to influence) the ability to act in the best interests of Transnet.

Doing business with family members

Having a financial interest in another company in our industry



8.2 The Consultant’s Invoices

When the Employer’s Agent certifies payment (see PSC Clause 51.1) following an assessment

date, the Consultant complies with the Employer’s procedure for invoice submission. Timing and procedure for submitting invoices will be presented at the kick-off meeting followed

award.

9.2.1 The invoice must correspond to the Employer’s Agent assessment of the amount due to the

Consultant as stated in the payment certificate.

9.2.2 The invoice states the following:

Invoice addressed to Transnet SOC Ltd;

Transnet SOC Limited’s VAT No: 4720103177;

Invoice number;

The Consultant’s VAT Number; and

The Contract number …………

The invoice contains the supporting detail ……...

9.2.3 Where applicable the invoice contains the following supporting detail;

A statement of invoices,

Escalation is calculated on a separate sheet stating the formula used and presented to the Employer’s Agent for acceptance,

The amount paid to date,

Retention monies to be deducted from the invoice,

Interest payable,

Settlement discount,

Proof of ownership of materials supplied.

Copies of delivery notes of equipment

Summary sheet of manning

Summary of progress covered by invoice

9.2.4 The invoice is presented either by post or by hand delivery.

9.2.5 Invoices submitted by post are addressed to:

Transnet SOC Ltd P O Box 1048

Johannesburg 20000

For the attention of The Contract Administrator, Transnet Capital Projects

9.2.6 Invoices submitted by hand are presented to:

Transnet Capital Projects

26th Floor – Carlton Centre 150 Commissioner Street

Johannesburg 2001

For the attention of The Contract Administrator, Transnet Capital Projects

9.2.7 The invoice is presented as an original.



8.3 People

9.3.1 The Employer supports the Government’s BBBEE initiatives and prefers that its suppliers have

a BBBEE status at least at level 5 on the balanced scorecard of the Department of Trade and Industry (DTI).

9.3.2 If not already accredited, the Employer encourages the Contractor to obtain accreditation by

one of the Accreditation Agencies using rating methodologies that are aligned to the most

recent DTI Code of Good Practice.

9.3.3 The Consultant provides the Employer with his BBBEE Accreditation.

8.4 Preferred sub-consultants

9.4.1 The Consultant shall not appoint or bring Sub-consultants onto site without the prior approval

of the Employer’s Agent, and all Sub-consultants will be required to conform to the requirements as set out herein as if they were employees of the Consultant.

9.4.2 The Consultant shall not deviate from the approved Sub-Consultant’s list without prior approval

of the Employer’s Agent.

9.4.3 The Consultant shall appoint his Sub-consultants on the basis of the NEC3 PSC agreements,

i.e. on the same terms and conditions applicable to the agreement between the Employer and the Consultant.

9.4.4 The Consultant shall ensure that the quality assurance requirements placed on him under this Contract are transferred into any Sub-Consultants.

8.5 Management structures

9.5.1 The Contract Data shall indicate who the Employer’s Agent is. The Employer’s Agent is fully empowered to act on behalf of the Employer for the services and scope covered by the Task

Order and as per the Contract.

9.5.2 The Consultant shall appoint suitably qualified sub-contractors to carry out any construction,

investigative and assessment works and shall act as the Principal Agent for the sub-contracted works in terms of the Construction Regulations.