NON-REFUNDABLE TENDER CHARGE - P.?00,00

,

ETHEKWlNl MUNICIPALITY

PROCUREMENT & INFRASTRUCTURE CLUSTER

ETHEKWlNl TRANSPORT AUTHORITY

CONTRACT NO. I A-I 728

PROFESSIONAL CONSULTING SERVICES FOR TRAFFIC MANAGEMENT DESIGN & DEVELOPMENT WORK ON TRAFFIC CONTROL AND INTELLIGENT TRANSPORTATION SYSTEMS

NOTE - SEALED TENDERS ADDRESSED TO THE HEAD PROCUREMENT AND MARKED "CONTRACT NO. IA-1728: PROFESSIONAL CONSULTING SERVICES FOR TRAFFIC MANAGEMENT DESIGN & DEVELOPMENT WORK ON TRAFFIC CONTROL AND INTELLIGENT TRANSPORTATION SYSTEMS" MUST BE PLACED IN TENDER BOX LOCATED ON THE GROUND FLOOR, RENNIES HOUSE, 41 VICTORIA EMBANKMENT, DURBAN (AND NOT ANY OTHER MUNICIPAL DEPARTMENT) NOT LATER THAN 11:OO ON FRIDAY, 31 August 2007.

A Tenderers' briefing shall be held on Wednesday, 8 August 2007 in Room 125, eThekwini Transport Authority, 30 Old Fort Place, Durban, commencing at 10:OO.

Only tenders from Tenderers who attend the briefing shall be considered.

eThekwini Transport Authority Municipal Centre Old Fort Place Durban 400 1

V. Baloyi Head: eThekwini Transport Authority eThekwini Transport Authority Durban

July 2007

REQUEST FOR PROPOSAL

PROFESSIONAL CONSULTING SERVICES FOR TRAFFIC MA-y-AGEMENT DESIGN & DEVELOPMENT WORK ON TRAFFIC CONTROL AND INTELLIGENT TRANSPORTATION SYSTEMS

I GENERAL

Appropriately qualified Companies are invited to provide proposals and prices for the Consultancy, Design, Development and System Support work outlined in this document.

The eThekwini Transport Authority operates various Area Traffic Control and Intelligent Transportation Systems. This document outlines these systems and summarises the workstreams that bidders are required to cost.

Bidders shall also provide costs for the enclosed Service Level Agreement to provide ongoing hardware and software support for the existing systems.

Enquiries can be directed to Mr Carlos Esteves of the eThekwini Transport Authority on Tel (031) 31 1 7196.

2 COMPULSORY BRIEFING SESSION

A compulsory briefing session will be held on Wed 8 Au~ust 2007 from 10:OO to 12:OO in Room 125, ETA, 30 Old Fort Place. A formal attendance register will be taken, and no proposals will be considered from firms not having attended the briefing session.

SUBMISSION PROCEDURE

Sealed proposals (two copies of each document) addressed to the eThekwini Transport Authority and marked "PROFESSIONAL CONSULTING SERVICES FOR TRAFFIC MANAGEMENT DESIGN & DEVELOPMENT WORK ON TRAFFIC CONTROL AND INTELLIGENT TRANSPORTATION SYSTEMS must be placed in the tender box located in the foyer, ground floor, Rennie House, 41 Victoria Embankment, Durban, not later than 11:OO on Fri 31 Auqust 2007.

The eThekwini Transport Authority will accept no responsibility for the late delivery of tenders by courier services or any other means. The eThekwini Transport Authority reserves the right to not necessarily accept the lowest or any tender.

4 SKILLS

Due to the specialised nature of the expertise involved in providing the required project management service and the potential strategic risk in the event this work interfering with the real-time operation of the Area Traffic Control or TIDE Database systems, or in the event of a system crash, consultants must meet of the following criteria:

1) At least one Registered Professional Electrical Engineer (or immediately eligible for registration), based in eThekwini, who has proven local knowledge, with 10 years experience in:

o the development of real-time traffic control systems o project management of technology contracts

D management and integration of lntelligent Transport Systems. 2) At least one team member with 5 years experience in development of data warehouse and

real-time, relational database applications. 3) A clear and acceptable strategic methodology to undertake the work. 4) Membership of the lntelligent Transport Society of South Africa (ITS SA) 5) A thorough working knowledge, including extensive "hands-on" experience with the following

hardware, software and operating systems, is essential:

Helix Universal Server DEC VAX minicomputers using Open-VMS IBM compatible PC using DOS, Windows (Server 200n, workgroups, 2000, XP) Network components: ServletExec, Windows NTIXP, NETBEUI, TCPIIP, UDP, GPRS- APN NTClP standards and compatible devices SCOOT Traffic control algorithms ViewCast Osprey image processing ArclMS and Mapobjects

6) Experience with the Local Authority Supply Chain Management process (including tender generation, committee processes, BEE scorecard and ClDB requirements).

REQUIRED DETAILS

The Tenderer shall supply two copies of the information listed below with his bid. Failure to provide this may invalidate his bid.

1) Details of the firm (including BEE status, Professional Engineers) 2) Proof of membership in good standing with South African Society of lntelligent Transport

Systems, 3) Details on his capacity to provide the required design and development 4) Proven ability to conduct ITS integration work, without compromising the operation of the

existing systems 5) Capacity to provide the required software and hardware support service 6) Clear description of how the each project will be undertaken. 7) Individual Staff Experience: Clear details of staff that will work on the project (including their

CVs), experience with items listed in the "skills" section, their knowledge of local conditions and specific details outlining their relevant previous project experience and level of responsibility in:

a) Project Management of technology contracts b) management, development and integration of lntelligent Transport Systems c) procurement process d) data warehousing

8) Project Staffing - names of key persons in charge of each project work stream item listed in the BOQ (including SLA).

9) Completed eThekwini Municipality Procurement documents, or if already registered with the eThekwini Municipality, a letter stating the same and quoting the registration number.

10) Schedules to be completed and returned: a) Declaration of Interest b) Acceptance of undertaking in terms of OHS c) Declaration of Municipal Fees d) Indemnity e) Priced Rates Schedule (Bill of Quantities)

I I ) Valid Tax Clearance Certificate

WORK TO BE UNDERTAKEN

One of the Urban Traffic Control (UTC) Branch functions is to run transport systems that are strategic

to the operation of the City - including rea!-time Urban Traffic Ccntrol (UTC) and Intelligent Transport Systems (ITS). Transport systems are inherently complex and continuous software development is required to maintain, update and enhance these systems. Transport systems integration requires an understanding of the complex algorithms that enable lntelligent Transport Systems to communicate with the outside world and other control systems - ultimately providing a one stop shop for control, data collection, management and information dissemination.

The UTC System is the collective system integrating all transportation elements such as automatic collection and dissemination of traffic information (including accident data) & area traffic control with other intelligent transport services such Freeway Management ( Variable Message Signs, automatic Incident detection etc). There is a large amount of data input from the street (used for traffic control) which requires management to present it as information to the public. The Contractor will provide the s/w interface to collate the data & store it in a suitable format - so that it can be analysed and displayed as information on various instruments.

The eThekwini Transport Authority (ETA) has computer staff which review and implement the computer hardware and software strategy for the ETA and only provide EUC support for the above- mentioned systems. A Consultant is therefore required to provide the specialised computer service for projects relating to specific technical computer systems including:

o TfL Area Traffic Control System (including FEP-based ilo sub-system), o JSent Area Traffic Control (ATC) System, o TlDE (Traffic Integrated Database for eThekwini), including Traffic Signals I Volumes 1

Accident suites, CCTV database and www fault reporting o Freeway Management System, Incident detection, Ramp metering, speed advisory signs and

Internet CCTV broadcast.

6.1 Provide a systems integration consulting service in the following categories of work:

a. Specifications for UTC Systems (instation & outstation equipment) b. Specifications for ITS systems (instation & outstation equipment) C. Preparation of procurement documentation for (a) and (b) d. Design and implement real-time traffic control and management systems written in JAVA,

Flex, Jython and 'C' languages. e. Manage and customise existing JSent ATC Systems to incorporate fault reporting systems for

traffic signal controllers from different manufacturers f. Develop and support existing relational TlDE database with online and batch systems using

Office Automation, ArclMS, Mapobjects and RealNetworks technologies.

6.2 Provide project management and systems integration for the following ITS Contracts:

6.2.1 Existing Contract B55920 : Upgrade Area Traffic Control System

655920 was awarded to Tellumat in July 2000, for their newly SA developed traffic signal controller (M4). The first year order for the interface equipment and 150 signal controllers was issued in August 2001 and the contract administration proceeded as intended with monthly progress meetings and a defined replacement schedule for the signal controllers. The interface equipment was duly installed and commissioned, however it became evident that Tellumat were having difficulty meeting the scheduled delivery milestones of the signal controllers.

Two significant milestones were duly defined to clarify the way forward for the contract; namely the passing of (1) hardware and (2) functional 1 software Factory Acceptance Tests (FAT). This allowed for a limited number of controllers to be installed with Tellumat's (which subsequently became Syntell) original software. The controller eventually passed the required FATS, however the delays introduced have caused the original contract to be extended into 2008.

The project management work involves: management of the controller configuration process

provision of technical expertise, adv~ce and declsions on traffic-related issues, to the ETA staff on a daily basis management of fault tracking specification and management of upgrades management of FAT management of communications systems (GPRS, land line, radio) identification of risks financial (payment certificates, retentions) Contractor meetings (weekly and monthly) management of contractual issues (guarantee, maintenance)

The integration work required in conjunction with this contract requires: management and fault finding of the FEP swap-over process design and development work on instation to cover new features brought on line update of fault management systems to handle new controller requirements

6.2.2 Existing and Future Freeway Management System Contracts for 2010

A Freeway Management system includes monitoring and surveillance of freeways, automatic incident detection I verification, provision of real-time information to the motorists and incident management. Accurate and reliable detection of an incident is the key to initiating an appropriate and timely coordinated response from police, fire, towing and other emergency services to attend to the injured and restore normal traffic conditions. Fast and efficient provision of meaningful information (comparative travel times on alternative routes via variable message signs, SMS, radio etc.) to drivers approaching an accident zone will reduce the number of secondary accidents and the traffic congestion in the area.

The components of a Freeway Management System implementation contract include:

a) Automatic lncident Detection : significantly reduces the traffic impact of an incident and is critical to the provision of information needed for intelligent transportation systems to manage freeway vehicles effectively

b) lncident Management : remove the incident as quickly as possible to reduce traffic delays, the probability of secondary incidents and improve any accident victim's chance of survival through efficient and timely response by emergency services

c) Traffic lncident Surveillance: facilitate remote assessment of incident severity for the operator on duty to evaluate the type of incident (traffic accident, traffic hazard removal, hazardous spill, broken-down vehicle and so on) and ensure that the required emergency service is notified immediately.

d) Dissemination of Information : information is communicated to travellers through a variety of channels and devices such as variable message signs (VMS), traffic radio broadcasts, sms over the mobile phone network, the Internet and in-vehicle systems and is designed to improve the comfort, safety and speed of travel. It is up to the driver to decide on how to use the information and whether to use the suggested alternate route.

e) Communications network: backbone of the Freeway Management System, comprising fibre optic cable. GSM I GPRS and wireless systems. All communications between field equipment and the Traffic Control Centre will comply with the standard NTClP protocol to ensure system software interoperability, interconnectivity and system hardware interchangeability.

6.2.3 Intelligent Transport Systems Integration

This includes any necessary software development requiring seamless communication of data between the field equipment and:

Freeway Management System UTC Systems, comprising the Area Traffic Control and JSent systems Ramp Metering System

CCTV System (at Traffic Control and Emergency Response Centres) Data warehouse (TIDE Database), comprising inventory and faults systems for traffic signal & CCTV, Accidents Database and Traffic Volumes Database Graphic User Interface (GUI) with necessary algorithms to manipulate raw data from street equipment to display traffic information such as journey time, speed i flow profiles etc. data warehousing and mining, relating to incident detection algorithms and storage I processing 1 retrieval I searching I analysis and maintaining the integrity of information created by the system, for dissemination among transportation technicians and the general public.

The proposed solution must be completely web integrated, allowing authenticated control from anywhere with web access.

NTClP communication protocol - eThekwini have adopted the USA NTClP protocol standards for their ITS projects (excluding SCOOT). Currently this has been rolled out on VMS signs and detection equipment. Any new equipment supplied for the Freeway Management Project will have to be NTClP compliant to maintain interoperability with existing software and hardware. The Consultant is expected to conversant in the specification, implementation and testing of NTClP devices and software.

Contract IT-908 for the first stage of the Freeway Management System was awarded to Basix Technologies in Dec-2006 and is scheduled for completion in September 2007. It is proposed that further contracts will be awarded for the Supply and Installation of Freeway Management Equipment on each of the main freeways and arterial roads in eThekwini over a 3 year period, in preparation for the 2010 Soccer World Cup. The Freeway Management System will be integrated with the eThekwini Transport Authority's (ETA) existing Intelligent Transport Systems, including CCTV, Ramp Metering and Area Traffic Control Systems.

The Consultant Company will be required to provide the following Project Management services for ITS contracts:

a) prepare tender specifications and assist with tender evaluation b) full contract administration including:

financial administration (contract payment certificates, variation orders etc) monthly / weekly contract meetings

8 project programme of work 8 FAT & SAT testing of equipment prior to installation

liaison with relevant Departments of the eThekwini Municipality for installation of CCTV equipment and provision of services (such as power supply, communications and traffic pointsmen) as required final siting of field equipment

WORK STREAMS

This section summarises the work streams as they appear in the BOQ - the Bidder should read these in conjunction with the details above when pricing the various projects:

1 PROJECT MANAGEMENT (Contract B55920 : UTC upgrade)

The headings listed in the BOQ indicate the scope of the work required. The project requires ongoing technical and managerial input. Scheduled Contract completion date May-2008.

2 PROJECT MANAGEMENT (Contract IT-908 : 2010 FMS phase 1)

The headings listed in the BOQ indicate the scope of the work required. As the project is in the process of being commissioned and tested there is still the requirement for project management and technical input & assessment at all levels. Scheduled Contract completion date Oct-2007.

3 TENDER PREPARATION & ADMINISTRATION (2010 FMS phase 2)

This project will require a full range of Consultancy services including liaison with ETA and Provincia! authorities, technical advice, specification and tender preparation, tender evaluation, project startup and ongoing management.

4 INTELLIGENT TRANSPORT SYSTEMS INTEGRATION

4.1 UTC System

4.1.114.1.2. Upgrade of equipment and software The ATC system hardware will be upgraded to current technology equipment. The software will also have to be upgraded to the latest released version from the existing supplier. Work involved will require specifications, tender docs, supervision of hardware installation, software installation, testing, documentation and training. It is important that this upgrade is done with little or no downtime to the real time system.

4.1.3. SCOOT areas upgrade The ETA requires rollout of the SCOOT system into more sub-areas. Work will require planning, investigation of detection technologies, tender docs for required equipment, setup of system, testing, documentation and training.

4.1.4. Communications upgrade The ETA is currently rolling out GPRS technology signal controllers - a certain amount of suppwt and faultfinding is required for this. The existing "analog" signal controller fiber optic transmission system along Umgeni Rd requires upgrading - this will require technical design to integrate the existing controllers and new SCOOT magnetometer-based detector system. The ATC Front end processors including the smux modems will also be upgraded.

4.1.5. Software upgrades The various system software components (apart from ATC software) require ongoing development in the form of defined projects in order to fit in with Dept requirements, new technologies and changes to the ATC software.

4.1.6. Pilot projects The ETA is piloting various ITS technologies (detection equipment, number plate recognition, wireless communications, video) and strategies (ramp metering, lane control, incident detection) all these projects require technical input, project management, fault finding, studies, documentation ..etc Other projects include wireless SCOOT.

4.1.7. Consolidation The existing equipment and software require ongoing support, training and documentation (eg. Reports for management and maintenance staff, road renaming changes).

4.2 FMS System

4.2.1. Phase I testing The FMS system will require setup, testing, calibration, standard operating procedures, training and documentation. New detector technologies will be incorporated into the communications processor. Validation and tuning of the results must be done for use with the incident detection system.

4.2.2. Phase 2 testing As above for the extension of the system onto the N2 and N3 as well as some arterials.

4.2.3. ITS Systems integration Work will be required to integrate the FMS system into the existing JSent infrastructure in the ETA. This will require programming and knowledge of the Renaissance freeway state estimation algorithm.

4.2.4. Ramp metering The ramp metering project will be extended to more ramps. This will require setup and programming of JSent, traffic controller configuration + knowledge about ramp meter strategies. The ramp metering project will be integrated into the FMS with the aim of sharing detection equipment and output.

4.2.5. Additional facilities The existing JSent system requires various software updates to provide newlupdates facilities (eg RMS monitoring, GIs, Web access, video, recovery and viewing of archived event log information).

4.2.6. Consolidation The existing and new equipment and software require ongoing support, training and documentation.

4.3 Data Warehouse

4.3.1. Data consolidation The data warehouse requires constant updating of the data. This will also involve reconciliation of inconsistent data, cross-checking against external systems as well as existing data.

4.3.2. Integration of Traffic Event Logger Data collected from TELs needs to be Geo-referenced, stored and presented in a suitable format to be used by the authority.

4.3.3. Classified counts Twelve hour 2-way volume and vehicle occupancy counts, pedestrian data and 7 day 2-way volurnelspeed counts must be available for traffic modelling, signal timing and road capacity analysis.

4.3.4. Public information internet interface Relevant ITS data is to be made available via the internet using appropriate ITS display techniques.

4.3.5. Traffic Signal faults The traffic signal fault management system used by the authority will be upgraded to use mobile technology in the field and ITS methodology and the control centre.

4.3.6. Unicast road network status The ETA has pioneered the provision of ITS information via internet broadcasting based on Helix technology. This is to be extended to provide additional data to road users.

4.3.7. Road re-naming To cater for the road re-naming in eThekwini, the ETA needs to asses the impact upon all ITS systems and make the necessary adjustments without affecting operations.

4.3.8. Incorporation of road repair data Investigate the integration of road maintenance data into existing traffic management systems. Provide dynamic display of road network status.

4.3.9. Signal equipment maintenance management Software updates required to authenticate Login for Service Request Types, allow variable Search and provide print and automatic email functions to pre-selected people.

4.3.10. Traffic Signal Cable Cadastral Data Linkage of Stage Diagrams, MAC4 Descriptions and Timings to Traffic Signals. Automatically update Transmission Type down links to DB Board for use in GIs Cadastral Data Completion of Electrical Connection Module to facilitate scanning of associated documents, electronic signatures, required full load current calculations and required reports. Integrate with existing Controller Data.

4.4 Accident System

4.4.1. Internet lnterface Various reports required for the Intranevlnternet with the required access control, showing black spots, Injury details, EAN totals

4.4.2. eNatis lnterface Transfer of accident data and enquiry data to eNatis according to new specification to be supplied. Automatic interface for receiving data from eNatis and update of database accordingly.

4.4.3. Georeferencing of Locations New software development to allow user to capture co-ordinates and data oui iii the field and automatically insert into Accident Suite System for use with the associated GIs System. Option for New RoadslExisting Roads - produce field sheet.

4.4.4. Archiving Completion of ArchivelRestore modules to facilitate transfer of data and associated documents.

4.4.5. User Defined Supervisor Reports Supervisor Reports required to determine validity of the User Defined Areas and associated GIs components.

4.4.6. Ward Usage lnterface to use GIs component for Ward extraction and display of accident data - Link Ward GIs component to User Defined Areas.

4.4.7. Reporting Various reports for Intersection Approach accident data lnterface to extract Accident Type and Injury Type details by Area to an associated spreadsheet format

8 SERVICE LEVEL AGREEMENT

Annexure G details a SLA that the successful bidder will be required to conclude with the ETA. The SLA defines maintenance work that will be required to keep the real time equipment and software running. The price for the SLA is included as item 5 in the BOQ.

BILL OF QUANTITIES

1) The Tenderer shall supply prices for the services listed in the Schedule of Rates (Annexure H). For comparative purposes the various workstreams are listed together with either a proposed monthly time or proposed total project time estimated for the first year of the Contract. The Tenderer shall enter a total cost against these line items, calculated by multiplying the number of hours listed by the hourly rate for the appropriate level of staff required. Further details on the level of work required can be found under section 4 in this document.

2) The price for the SLA, defined in Annexure G, shall be entered under item 5 .

3) Individual staff hourly ra!es sha!! Se entered under i!em 5 . 4) All prices to include VAT at 14%.

10 POINTS ASSESSMENT TO EVALUATE PROPOSALS

The RFP submissions will be evaluated on the following criteria and in accordance with the Municipalities existing Targeted Procurement Policy and Guidelines dated 14 October 2003:

1. Response to brief and cost (90% weighting): a) Interpretation of brief and completeness of submission, b) Proposed methodology (detail and phasing), c) Maintenance, training and support d) Composition of Team to undertake the work (experience, accreditation, range of skills), e) Price.

(Note that the weighting of price to technical aspects will be 20:70 in the above evaluation).

2. Employment Equity and Empowerment criteria (1 0% weighting)

A table setting out the evaluation is attached (Annexure B).

11 PROJECT PERIOD

Due to the specialised nature of the work and to ensure continuity of project management and software support for these strategic systems in the run-up to and over the 201 0 period, approval of this Consultant appointment will be for a 3 year period, renewable on an annual basis.

12 WORKING HOURS

The Contractor must be based in Durban and the personnel involved will have the use of an office (30- 40 m2) in the UTC Branch at 30 Old Fort Place. For the purpose of conducting meetings and liaison with staff of the UTC Branch normal office hours shall be Monday to Friday 08:OO-17:OO (excluding public holidays). However, working hours for the contract may vary by mutual agreement.

13 CONDITIONS OF APPOINTMENT AND PAYMENT OF FEES

The appointment will be in terms of the South African Association of Consulting Engineers Form of Appointment for consulting Services (latest edition), and will be made with the lead Consultant. Fees will be in accordance with those quoted in the Bill of Quantities, Annexure H. As this is a 3 year Contract, the fees and rates quoted in Annexure H will be adjusted, on the anniversary of the award of Contract, according to the average percentage change in Gazetted Consultant rates as amended from time to time.

A Consulting Engineer who is not a member of the South African Association of Consulting Engineers or whose membership of such Association ceases, shall, within thirty days of appointment or such termination, as the case may be, produce satisfactory proof that adequate professional indemnity cover is held with particulars of the limits of such cover and any policy excess applicable and the Consulting Engineer may be required to increase such cover for the purpose of this commission to an amount specified. Such Consulting Engineer shall provide evidence of each renewal of such cover.

The only cost that may be claimed for travel inside the eThekwini Municipal Area is for site visits for inspection and work at project sites. Claims for travel outside the eThekwini Municipal Area will require prior approval by the designated official in the ETA. If any travel by aircraft is required, prior

written approval is required and the reimbu:semen! of travel cost is restricted to the normai economy class.

Invoices need to comply with the instructions set out in the Internal Audit Circular No. 159, ie submission of time sheet, travel trip sheet and the calculation of the disbursements. (Copy will be available at the compirlsory briefing session).

Payments will be made as based on the following aspects: Consultant to submit invoice with supporting documentation - time sheets setting out hours worked, rate per hour and activity performed, travel trip sheets, photocopying and faxes.

14 COPYRIGHT

It must be noted that the copyright for all documents, databases and the contents thereof produced in terms of this appointment shall rest with the ETA. The consultant will not be permitted to use the contents of the databases for any other purpose unless requested to do so by the ETA. The consultant will also relinquish all copies of the data bases to the client on completion of the work.

15 TERMliNAT!QN QF CONTRACT

The eThekwini Transport Authority may terminate the contract: 1. If the Consultant does not remedy a failure in the performance of his obligations under the

contract within sixty (60) days after having been notified thereof, or within any further period as the eThekwini Transport Authority may have subsequently approved in writing.

2. If the Consultant becomes insolvent or liquidated.

The eThekwini Transport Authority shall give the Contractor not less than sixty (60) days written notice of any termination.

-- -.-pep

Request for Proposals eTheboMini Transport Authority

URBAN TRAFFIC CQMTROL AND INTELLIGENT TRANSPORT SYSTEMS

Consultants with the relevant experience in transportation and integration of lntelligent Transportation Systems as well as the implementation of real-time traffic control and I management systems and data warehouse management are invited to submit proposals for the following facilities implemented by the eThekwini Transport Authority:

I. Traffic Management Design, Development and System Integration Work on Traffic Control and Intelligent Transport Systems which will include the following:

Develop, design and implement real-time traffic control and management systems Project Management o f Contracts for the Supply and Installation of Equipment for Freeway Management and Urban Traffic Control lntegration o f Intelligent Transport Systems Design and implement system for seamless communication o f field traffic data, between outstation and instation equipment Develop data warehouse and real-time relational database applications

2. Support service for Intelligent Transport Systems implemented by the eThekwini Transport Authority, which will include the following:

Urban Traffic Control System Freeway Management System Communication Systems Traffic Integrated Database for eThekwini (TIDE)

Tender documents can be obtained from the Cashier located in the basement, City Engineers Building, 166 Old Fort Road, Durban, for a non-refundable deposit of R100.

A compulsory briefing session will be held on Wed 8 August 2007 from 10:OO to 12:OO in Room 125, ETA, 30 Old Fort Place. A formal attendance register will be taken, and no proposals will be entertained from firms not having attended the session.

Enquiries can be directed to Mr Carlos Esteves of the eThekwini Transport Authority on Tel (031) 311 7196.

Tenders (two copies) need to be placed in a sealed envelope addressed to the eThekwini Transport Authority and clearly endorsed "Consultant Services and Support for ETA UTC I Branch" must be in the tender box located in the foyer, ground floor, Rennie House, 41 Victoria Embankment, Durban or reach P.O. Box 1014, Durban, not later than 11:OO on Fri 31 August 2007.

The eThekwini Transport Authority will accept no responsibility for the late delivery of tenders by courier services or any other means. The eThekwini Transport Authority reserves the right to not necessarily accept the lowest or any tender.

The Head: eThekwini Transport Authority P 0 Box 680 DURBAN, 4000

ANNEXURE - B: E\LALLbAT!BN OF PROPOSALS-

PROJECT 1A-1728: Consultant Services and Support for ETA UTC Branch

Composition of team (experience, qualification, accreditation, ITS SA

Price scoring - Cost of proposal

Total

20

90

Empowerment scoring

Empowerment status of the consortium

GRAND TOTAL (1 00)

I 0

100 i

DECLARATION OF INTEREST

PROJECT 1A-1728 : Consultant Services and Support for ETA UTC Branch

1. Any legal person, including persons employed by the principal, or persons having a kinship with persons employed by the principal, including a blood relationship, may make an offer or offers in terms of this invitation to bid. In view of possible allegations o f favoritism, should the resulting bid, or part thereof, be awarded to persons employed by the principal, or to persons connected with or related to them, it is required that the bidder or hislher authorised representative declare hislher position in relation to the evaluating/adjudicating authority and/or take an oath declaring hisiher interest, where-

- The bidder is employed by the principal; andlor

- the legal person on whose behalf the bidding document is signed, has a relationship with personsla person who arelis involved in the evaluation and or adjudication of the bid(s), or where it is known that such a relationship exists between the person or persons for or on whose behalf the declarant acts and persons who are involved with the evaluation and or adjudication of the bid.

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

2.1 Are you or any person connected with the bidder, employed by the principal? YES I NO

2.1.2 If so, state particulars:

2.2 Do you, or any person connected with the bidder, have any relationship (family, friend, other) with a person employed by the principal and who may be involved with the evaluation and or adjudication of this bid? YES 1 NO

2.2.1 If so, state particulars:

2.3 Are you, or any person connected with the bidder, aware of any relationship (family, friend, other) between the bidder and any person employed by the principal who may be involved with the evaluation and or adjudication of this bid? YES 1 NO

2.3.1 If so, state particulars:

DECLARATION OF INTEREST

I, THE UNDERSIGNED (NAME) ..................... .................. ............... ........ ....., ........,... ......... CERTIFY THAT THE INFORMATION FURNISHED IN PARAGRAPHS 2.1 TO 2.3.1 ABOVE IS CORRECT. I ACCEPT THAT THE PRINCIPAL MAY ACT AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE.

SIGNATURE -

POSITION - . - ---- - - .- ..-

DATE

NAME OF BIDDER

ANNEXURE D: ACCEPTANCE OF UNDERTAKING IN TERMS OF THE OCClBPATlONAL HEALTH AND SAFETY ACT (ACT 85

PROJECT IA-1728 : Consultant Services and Support for ETA UTC Branch

(a) "Council" means the eThekwini Municipality (b) "Consultant" means:-

NAME OF CONSULTANT:

ADDRESS:

UNDERTAKING

1. The Consultant undertakes to comply with the requirements of the Occupational Health and Safety Act, Act Number 85 of 1993, the regulations hereunder and any reasonable, lawful direction of the Council hereunder.

2. The Council shall at all times have the right to summarily suspend the performance of the Consultant hereunder pending compliance by the Contractor with any requirement, regulation and I or direction referred to in 1 here of.

3. The Council shall be entitled to set off against any amount owed by the Council to the Consultant hereunder for any loss or damage suffered by it as a result of the suspension of the Contractors' performance in the circumstances envisaged under 2 here of.

4. This undertaking shall constitute the written agreement between the parties as required in terms of section 37 (20) of the Act referred to in 1 hereof.

Signed: Witness:

Name: Name:

Capacity: Date:

PROJECT IA-1728 : Consultant Services and Support for ETA UTC Branch

llWe do hereby declare that the Municipal fees of the company -- are, as at the date of the tender closing, fully paid

up, or arrangements have been concluded with the Municipality to pay the said fees:

Account Account number

Electricity

Water

Rates

JSB levies

l/We acknowledge that should it be found that the Municipal fees are not up to date, the Council may take such remedial action as is required, including termination of contract, and any income due to the contractor shall be utilized to offset any monies due to the Council.

NAME AND ADDRESS OF FIRM:

SIGNATURE:

NAME OF SIGNATORY IN BLOCK LETTERS:

CAPACITY OF SIGNATORY:

TELEPHONE NUMBER:

FAX NUMBER:

E-MAIL ADDRESS:

DATE

PROJECT 1A-1728: Consultant Services and Support for ETA UTC Branch

Given and entered into by: (Hereinafter referred to as the Consultant) in favour of THE eTHEKWlNl MUNICIPALITY (Hereinafter referred to as the Council)

Whereas the Consultant may be given permission to carry out this contract within the eThekwini Municipal area by the Council, subject to the Council being indemnified to the satisfaction of the City Treasurer.

NOW THEREFORE THESE PRESENT WITNESS

The Consultant does hereby indemnify the Council and hold it harmless against:

1. Any damage to the Council's property, whether movable or immovable including any consequential damage directly flowing from physical damage to such property;

2. Liability in respect of any claims which may be made against the Council arising out of damage to the property, whether movable or immovable, of any third parties, including any consequential damage directly or indirectly flowing from physical damage to such property;

3. Liability in respect of the death or injury to any person, including a servant of the Council;

4. Any legal costs or expenses incurred in connection with claims or actions arising from the foregoing;

whenever the damage, loss, injury or death contemplated in 1, 2 or 3 above is due to or arises out of, whether directly or indirectly carrying out Service Order Number, provided that the Indemnity conferred upon the Council hereunder shall not extend to damage, loss, injury or death which is predominantly due to the misconduct or negligence of the Council or of any servant of the Council acting within the course and scope of his or her employment.

AS WITNESS:

SIGNED:

NAME:

CAPACITY:

DATE:

EXPIRY DATE:

R 2.00 REVENUE STAMPS:

ANNEXURE G: ENQUIRY 1/4-1728 SLA

SERVICE LEVEL AGREEMENT FOR THE SUPPORT OF

INTELLIGENT TRANSPORTATION EQUIPMENT AND SOFTWARE

between

ETWEKWINI TRANSPORT AUTHORITY

(Hereinafter referred to as "the ETA)

represented herein by V.Baloyi in his capacity as HEAD: ETA

and

(CONTRACTOR NAME)

(Hereinafter referred to as "the CONTRACTOR")

represented herein by

in hislher capacity as

TABLE OF CONTENTS

INTRODUCTION ......................................................................................................... ............................................................................................................. DEFINITIONS I

............................................................................................... SCOPE OF SUPPORT 2 First Line Software Support: Control Systems ................................................. 3 First Line Software Support: Database Systems .............................................. 3 First Line Hardware Support ................................................................................ 3 General System Support ..................................................................................... 4 Modifications and Improvements ........................................................................ 5

SUPPORT PROCEDURES ........................................................................................ 5 Definition of System Fault Categories ................................................................ 6 Working Hours ...................................................................................................... 6 Response Times ................................................................................................... 6 Repair Times ......................................................................................................... 6

CONTRACTOR STAFFING ....................................................................................... 7 PROBATION PERIOD ............................................................................................... 7 ETA'S OBLIGATIONS ............................................................................................... 8 LIABILITIES ............................................................................................................... 8

................................................................. DOMICILIUM ClTANDl ET EXECUTANDI 8 SUPPORT CHARGES ............................................................................................... 8

Charges .................................................................................................................. 8 Additional work: CONTRACTOR Staff ............................................................... 9 Additional work: 3rd Party Equipment Repair ................................................... 9

................................................................................... DURATION OF AGREEMENT 9 COMPLIANCE WITH OCCUPATIONAL HEALTH AND SAFETY ACT .................. 10 BREACH .................................................................................................................. 10 DISPUTES ................................................................................................................ I 0 GENERAL ................................................................................................................ 12 INTERPRETATION OF THIS AGREEMENT ........................................................... 12

INTELLIGENT TRANSPORT SYSTEMS SUPPORT AGREEMENT

1 INTRODUCTION

This Agreement concerns the provision of software, hardware and general support for the ETA's Intelligent Transportation Systems (ITS).

ETA's current Area Traffic Control System (ATC) was installed in 1999 and upgraded with new intersection controllers purchased under a contract let to Syntell in 2001. The current system comprises a Compaq VAX Alpha running SCOOT adaptive control software, a Windows server and several Windows workstations running JSent UTC software.

Communication to the street is done through 5 communication processors running proprietary protocols and via GPRS on the ETA's APN. The system controls 640 intersections with direct-line communications and is currently being expanded with GPRS and Wireless communications. It is planned within the period of this Maintenance Contract that the Alpha computer will be upgraded as it is now 7 years old. The CONTRACTOR will be expected to provide the expertise for transferring the ATC software to the new Alpha equipment as well as re-commissioning and testing it with minimum downtime.

The ETA is currently implementing various Intelligent Transport System projects, including a Freeway Management System (FMS) comprising VMS, Incident Detection and Management, Ramp Metering, which the CONTRACTOR will be expected to support. The TIDE database integrates the various Traffic Management databases as listed in Clause 3 below.

Specifically, the ATC system and the TIDE database are of strategic importance to the City, providing traffic signal control and synchronisation of the CBD and outlying areas as well as fault management. As such the CONTRACTOR must have expertise in both vehicle traffic control and IT software development in the traffic environment.

This Agreement details the support services which shall be provided by the CONTRACTOR, the procedures for implementing them, the ETA's obligations, and relevant special conditions.

2 DEFINITIONS

Intelligent Transportation System

Integrated Urban Traffic Control Management System comprising control of traffic signals (ATC & SCOOT), Traffic Management Database (TIDE), Closed Circuit TV (CCTV) and other intelligent transport services such as Ramp Metering, Freeway Management (incident detection, variable message signs) and communication systems

3 SCOPE OF SUPPORT

r

TIDE

ATC system

JSent

Communications processors

APN

Traffic Control Centre

The purpose of this agreement is for the CONTRACTOR to assist the ETA in operating an efficient ATC Management system. In the event of operational difficulties or system failure the ETA will call on the CONTRACTOR to diagnose the cause of the problem and to apply all available resources to get the system operational again in the shortest time.

ETA'S traffic management database including traffic faults, volumes, signal timings, inventory and accidents

Compaq Alpha running DEC Open-VMS, traffic control software and the adaptive control algorithm, SCOOT

JAVA-based system controlling and monitoring traffic signals and includes link offset diagrams, time distance diagrams, VMS, incident detection and ramp metering.

These provide the connection between the different types of signal controllers, the ATC computer and JSent

Application Point Name - this is the private data network used by eThekwini for monitoring and controlling systems using MTN and Vodacom's cellular networks.

located at 30 Old Fort Place, Durban

This Agreement covers the 'first line' levels of support to be provided by the CONTRACTOR for the ITS equipment in the traffic control centre and on the street.

The general support is intended to cover specialised tasks associated with the running of the ATC equipment and software to ensure its efficient operation.

The Control systems covered by this agreement are:

Area Traffic Control (ATC) JSent Freeway Management System (FMS)

The Database systems covered by this agreement are:

TIDE: Traffic Signals Intersection Counts Vehicle Accident CCTV (cabling, faults, internet server) Traffic Signal Cabling SLlGN (traffic signs)

ETA Projects

3.1 First Line Software Support: Control Systems

3.1 .I The ETA does not have a copy of the TfL ATC software source and thus modifications to the ATC Control system software are not covered by this agreement, however the CONTRACTOR will be expected to operate, configure and support DEC Open VMS in order to get the upgraded ATC software running.

3.1.2 The FMS software is covered by this agreement.

3.1.3 In terms of this agreement the CONTRACTOR shall be required, in the event of a system fault, to identify the cause of fault and to make every effort to get the systems operating again.

3.1.4 If the CONTRACTOR identifies a fault that the original suppliers of the equipment are required to fix he shall assist wherever necessary in transferring information about the fault to the original supplier in order to get a quotation for the repair. To minimise downtime of the equipment, payment to the original equipment supplier for the repair is covered by this agreement under the section "Additional Work".

3.1.5 The CONTRACTOR shall then manage the work and ensure that it is completed on time.

3.2 First Line Software Support: Database Systems

3.2.1 This shall include the investigation, and diagnosis of the cause, of any reported operational problem encountered by the ETA'S staff using the Database and the rectification of such fault within a reasonable timescale, including provision of telephonic advice when not on site.

3.2.2 Where any problem is caused by a latent software defect by reason of which it no longer meets its relevant acceptance requirement, the CONTRACTOR shall either:

correct such defect or modify the software to obviate the effect of the defect and update relevant documentation.

? supply information enabling ETA to either correct the defect or modify the software to obviate or mitigate the effect or defect.

3.2.3 This Agreement only covers Database software modifications to be implemented by the CONTRACTOR. If the CONTRACTOR identifies a hardware or operating system fault as being the cause of, or contributing to the problem, he shall assist wherever necessary in transferring information about the fault to the ETA computer staff concerned.

3.3 First Line Hardware Support

3.3.1 The repair of faulty ATC computer (Compaq Alpha) hardware modules and FMS computers (HP Proliant) is not covered by this agreement.

3.3.2 The repair of the ATC FEPs is covered.

3.3.3 The repair of the FMS ancillary equipment is covered.

3.3.4 The CONTRACTOR is not required to carry spares and will use the spares holding of the ETA to effect repairs.

3.3.5 In terms of this agreement the CONTRACTOR can be called upon by the ETA to:

(a) Conduct a minimum of 4 hours of preventative maintenance per month.

(b) Assist in identifying a hardware fault on the ATC system and replacing the faulty modulels from the ETA'S spares and organising to get the faulty module repaired. The cost of the repair of the faulty modulels is covered under the section 'Additional Work'.

(c) Call out the incumbent computer hardware maintenance CONTRACTOR, if required, and assist in getting the instation computer hardware functional.

(d) Swap boards or machines with existing spares, in the case of a fault on the communication processors. The CONTRACTOR shall be responsible for arranging the timeous repair of the faulty equipment. Payment for the repairs shall be covered under the section 'Additional Work'.

(e) Test and maintain the existing Chubb Alarm System for the purpose of monitoring various system faults (ATC, fire, air conditioning etc) in the computer room.

(f) Test and maintain the existing wallmap hardware.

(g) Support other 3rd party equipment for Intelligent Transportation Systems including ramp metering, VMS and incident detection.

3.4 General System Support It is a further requirement that the CONTRACTOR has a competent staff member available at times and dates to be scheduled in agreement with the ETA in order to perform the following tasks, as needed:

3.4.1 ATC Support

(a) Inspection and identification of problem areas from system event logs. (b) Assistance in diagnosing the causes of operational difficulties, e.g.

unacceptable system response times and ATC commands not functioning correctly.

(c) System management functions (performance monitoring, disk purging,

computer fault log checking, account management). (d) Assistance in the recovery of corrupt or misplaced data files on the

system. (e) To petform stand alone backups. Note that these can only be carried out

between the hours 18:30-06:OO Mon-Fri and 13:30 Sat - 06;OO Mon. (f) Assistance in identifying possible latent defects in the ATC software. (g) Answer operational queries on the ATC systems from ETA staff. (h) The development of strategies relating to disaster management ..etc. (i) Updating documentation as system parameters change (port allocations

..etc). (j) Retrieval of Historical Logs. (k) To perform general hardware maintenance work (modifications to

wallmap, tidying cabling, lightning protection checking ..etc). (I) To perform hardware maintenance work on the various ITS project

equipment installed on the street, not covered by other maintenance agreements (including ramp metering and incident detection).

(m) Liaison and coordination of equipment sent to subcontractors for repair (circuit boards, screens ..etc).

(n) Attend monthly maintenance meeting and produce formal minutes (0) Provide training in the operation of the system and its components (p) lnstation testing of traffic signal controllers and configuration support. (q) Manage spares inventory (r) Ad hoc software modifications as determined by ETA.

3.4.2 ITS software

(a) Assistance in the recovery of corrupt or misplaced data files on the system.

(b) Answer operational queries on the Database from ETA staff. (c) Updating documentation as system parameters change. (d) Retrieval of historical data. (e) Provide training in the data retrieval and analysis procedures. (f) Attend quarterly liaison meeting with the objective of:

reviewing the software fault log and advise ETA of actions required to rectify current problems identifying additional features and advise on feasibility of their future incorporation into the Database software providing formal minutes

(g) Ad hoc software modifications as determined by ETA.

3.5 Modifications and Improvements During the course of this agreement the CONTRACTOR shall review the software and hardware and document proposals for modifications and improvements with a view to enhancing performance, reliability and maintainability of the system. Such proposals shall include full details of work and hardware, costs involved and motivation in terms of potential advantages.

4 SUPPORT PROCEDURES In the event of a problem the ETA shall notify the CONTRACTOR via cell phone once the ETA'S staff have attempted to clear the problem 1 restart the ATC system.

4.1 Definition of System Fault Categories.

ATC system and FMS faults are categorised as either:

Category A Faults (High Priority) - Control System has stopped and cannot be restarted.

Category B Faults (Low Priority) - Control System has stopped but can be restarted (and operates successfully thereafter).

4.2 Working Hours For the purpose of this agreement normal working hours shall be Monday to Friday 07:OO-17:OO (excluding public holidays). The requirement for certain after hours work (eg callouts and backups) shall also be covered by this agreement. Any variations from these hours shall be established by mutual agreement.

4.3 Response Times. The intent of defining a response time is to ensure that the equipment is functioning correctly, as far as possible, during busy traffic periods (peak and working hours).

It is defined as the time from the CONTRACTOR being informed of a fault to the time of a competent person arriving at the ETA'S premises to attend to it.

A fault log book will be kept in the Control Room and shall be updated after every fault repair by the CONTRACTOR so that the ETA can monitor the response times.

Failure to attain the required response times may be considered a breach of Contract and give the ETA cause to terminate the maintenance agreement (in terms of Clause 13.3)

4.3.1 A response shall be made by the CONTRACTOR according to the category of the fault as defined above. The response times shall be as follows:

(a) Category A Faults Monday-Friday 07:OO-17:OO within 4 hours of call out All other times not later than 06:OO the next working day

(incl public holidays)

(b) Category B Faults within 2 working days of call out

4.4 Repair Times. Although repair times are not defined in this Agreement it is understood that, having responded to a callout, the CONTRACTOR will endeavour to clear the fault quickly by continuously applying whatever resources are available.

It is an express requirement that the authorised representative of the ETA be kept informed of progress at all times.

4.5 Callout Service: Computer Room Alarm Monitoring

4.5.1 The CONTRACTOR shall organise an escalated callout service to operate with the existing Chubb alarm monitoring unit. This device monitors the various systems in the computer room (ATC, fire, air conditioning etc).

4.5.2 The CONTRACTOR shall schedule and maintain a procedure for fault call outs pertaining to the ATC System and other computer room fault alarms.

4.5.3 The CONTRACTOR shall arrange that a copy of the Chubb alarm log, detailing call out times and dates, is sent monthly to the ETA.

4.5.4 Payment for this service shall be included in the monthly support charge.

4.5.5 The CONTRACTOR shall arrange to test the system in conjunction with the ETA staff every 3 months.

5 CQNTRACTQR STAFFING 5.1 The CONTRACTOR shall be a member in good standing of the SA Society of

Intelligent Transportation Society of South Africa (ITS SA).

5.2 The CONTRACTOR'S staff, being used to service this Maintenance Contract, shall be fully conversant with the following:

Intelligent Transportation Systems Freeway Management Systems Vehicle Traffic Control Vehicle Traffic Controllers Area Traffic Control Systems Computer hardware structure and maintenance ASP.NET MS SQL Server ESRl Map Objects Real Networks Helix Server and Producer MS Visual C and C++ Java and Jython Microsoft Office Automation methodology Electronic design and maintenance

6 PROBATION PERIOD 6.1 Owing to the strategic nature of the Intelligent Transportation System the

CONTRACTOR may be required to undergo a 2 month Probation Period to prove competency (in terms of expertise, experience and general standard of work).

6.2 Should the CONTRACTOR fail this probation he will be advised of any ITS equipment and software that was compromised during that period and he will be liable for any additional costs incurred by the ETA in returning the ITS to normal operation.

7 ETA'S OBLIGATIONS 7.1 The ETA shall undertake to note all error messages reported by the ATC

System, especially at the time of a system crash, as well as any other events leading up to a system fault, and to make this information available to the CONTRACTOR.

7.2 The ETA shall ensure that the CONTRACTOR is also kept informed of any changes made to the ATC System by the original suppliers or any other party.

8 LIABILITIES 8.1 Except as otherwise provided for hereunder, the CONTRACTOR shall not be

held liable in respect of any losses, of whatever nature and howsoever arising out of the provision of services in terms of this Agreement, in respect of any claim or demand against the ETA by any other party, or for any consequential damages.

8.2 The CONTRACTOR shall indemnify and keep indemnified the ETA against any claim for injury, damage or loss (including consequential loss) to any of the CONTRACTOR'S staff or property which may arise out of or in consequence of the provision of the first line maintenance service.

9 DOMICILIUM ClTANDl ET EXECUTANDI The ETA hereby appoints the Traffic Control Centre address as stated in this agreement as its domicilium citandi et executandi for all purposes in terms hereof.

The CONTRACTOR appoints as its domicilium citandi et executandi:

Any notice shall be deemed to have been received by the party concerned if it is delivered to the relevant addresses mentioned above by hand, or if sent to such address by pre-paid registered post it shall be deemed to have been received within seven days after postage.

Any notice given by telefax shall be deemed to have been received immediately, upon issuance of a confirmation report by the transmitting fax machine, confirming correct transmission of all pages.

10 SUPPORT CHARGES The support charges below shall apply:

10.1 Charges The monthly cost of the maintenance service, covered by this Agreement, is R including Value Added Tax (calculated at 14%). This cost

shall be invoiced in arrears.

10.2 Additional work: CONTRACTOR Staff Should the ETA require the services of the CONTRACTOR'S staff to carry out duties which are not covered by this agreement, then the rates detailed below shall apply. Such work will be conducted during, but in addition to, the specified number of hours per month that the CONTRACTOR is required to be available on site. Written agreement shall be sought from the ETA'S authorised representative prior to any additional costs being incurred.

(a) All inclusive hourly rate of R

(b) Transportation at R per kilometre

Both above charges include VAT at 14%.

The above shall be charged to the ETA in respect of each man-hour worked by the CONTRACTOR'S personnel and transportation used. The above rates will be increased by 33% for additional work done outside normal working hours.

10.3 Additional work: 3rd Party Equipment Repair The CONTRACTOR shall be expected to cover incidental costs required in the maintenance and repair of 3rd party equipment in order to minimise downtime.

All such costs will include a flat rate of 10% mark-up on the retail price (to cover finance charges), and shall be quantified and approved, in writing, by the ETA before being incurred.

The CONTRACTOR shall invoice these costs, together with the approval, with the monthly maintenance invoice.

10.4 CPI

The agreed rate above shall be subject to alteration should the agreement be extended in accordance with Clause 11 below.

The new rate, which shall apply for the next contract period, will be calculated in accordance with South Africa's CPI, using the commencement of the Contract as the base date and the date of renewal as the date for the calculation of the new rate.

11 DURATION OF AGREEMENT 11.1 The duration of this Agreement shall be for 12 calendar months starting from

, renewable for additional periods of 12 months unless terminated by either party as described below.

11.2 This Agreement will normally terminate upon 2 calendar months written notice, by either party, at any time after the initial period of 12 months.

12 COMPLIANCE WITH OCCUPATIONAL HEALTH AND SAFETY ACT. 12.1 The CONTRACTOR undertakes to comply with the requirements of the

Occupational Health and Safety Act, Act No. 85 of 1993, the regulations promulgated thereunder and any reasonable, lawful direction of the ETA thereunder.

12.2 The ETA shall at all times have the right to summarily suspend the performance of the CONTRACTOR hereunder, pending compliance by the CONTRACTOR with any requirement, regulation and/or direction referred to in 12.1 hereof.

12.3 This clause shall constitute the written agreement between the parties as required in terms of section 37(2) of the Act referred to in 12.1 hereof.

13 BREACH 13.1 If either of the parties hereto commits a material breach of any provision of this

agreement, all of which shall be deemed to be material, and the breach is capable of remedy, the other party may by written notice require the party in breach to remedy such breach within a period specified in such notice but not being less than 72 hours.

13.2 If such breach is irredeemable or remains unremedied after the notice period provided for in 13.1 hereof has expired the party suffering the breach will be entitled but not compelled to terminate this Agreement upon further written notice to that effect addressed to the party in breach, and will thereafter be entitled to prove and claim such damages either in contract or delict which it may have suffered directly as a result of the breach by the offending party.

13.3 Should the CONTRACTOR fail to perform the duties defined in this Agreement then the ETA shall inform the CONTRACTOR of the complaint in writing and, failing a satisfactory response within 2 calendar weeks, shall have the right to terminate the Agreement with immediate effect.

13.4 Notwithstanding the foregoing either party may terminate this Agreement with immediate effect upon written notice to the other party where :

(a) either of the parties becomes commercially insolvent or commits any act of insolvency; or

(b) the CONTRACTOR is placed in provisional or final liquidation (otherwise than for purposes of amalgamation or reconstruction); or

(c) the CONTRACTOR is placed under provisional or final judicial management.

14 DISPUTES 14.1 Any dispute remaining unsettled and arising between the parties hereto in

connection with the interpretation or application of the provisions of this Agreement, its breach, its termination, or the validity of any documents furnished by the parties pursuant to its provisions, shall be referred to and

be determined by informal arbitration in terms of this clause.

A party to this Agreement may by written notice to the other demand that a dispute be determined in terms of this clause.

This clause will not preclude any party from obtaining interim relief on an urgent basis from a Court of competent jurisdiction pending the decision of the arbitrator.

An arbitration in terms of this clause will be held :

(a) at the ETA; (b) with only the legal and other representatives of the parties hereto

present; (c) in accordance with the formalities and procedures settled by the

arbitrator, which said formalities and procedures may be of an informal and summary nature in appropriate instances without the necessity of observing or carrying out strict rules of evidence witb regard to pleadings and discovery, provided that the rules of natural justice shall adequately be observed;

The arbitrator will be chosen by means of consultation between the parties and agreement thereto, and if the matter in dispute is principally :

(a) a legal or general matter he shall be a practising member of the Durban Bar of at least 10 years' standing;

(b) an accounting matter, he shall be a practising chartered accountant of at least 10 years' standing from the ETA, wherever possible;

(c) a technical matter, he shall be an appropriately qualified person in good professional standing and from the ETA, wherever possible.

Should the parties to the dispute fail to agree upon whether the dispute is principally a legal or some other type of matter within 7 days after the arbitration has been demanded, the matter will be deemed to be a legal matter.

Should the parties fail to agree upon an arbitrator within 14 days after the giving of notice in terms hereof the arbitrator will be appointed at the request of any party to the dispute by the Chairman for the time being of the Durban Bar.

The decision of the arbitrator will be final and binding on the parties and may at the instance of either party be made an order of any Court to whose jurisdiction the parties are subject.

The arbitrator will be entitled to make such award, including an award for specific performance, an interdict, damages or a penalty or otherwise as he in his sole discretion may deem fit and appropriate and to deal as he deems fit with the question of costs, including if applicable, costs on the attorney and client scale, and his own fees.

14.1 0 The provisions of this clause :

(a) constitute an irrevocable consent by the parties to any proceedings in terms hereof and neither party will be entitled to withdraw therefrom or claim at any such proceedings that it is not bound by such provisions;

(b) are severable from the rest of this agreement and will remain in effect despite the termination of or invalidity for any reason of this Agreement.

15 GENERAL 15.1 Validity - If any provision of this Agreement is found or held to be invalid or

unenforceable, the validity of all the other provisions hereof will not be affected thereby and the parties agree to meet and review the matter in order to attempt by valid and enforceable means to achieve the object of such invalid or unenforceable provision.

15.2 Severability - In the event that any of the terms of this agreement are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable, but the parties agree to negotiate any amendment which may be possible to render such term valid and enforceable.

15.3 Variation - No variation of or addition to this Agreement will be of any force or effect unless reduced to writing and signed by or on behalf of the parties.

15.4 Waiver - No waiver on the part of either party of any rights arising from a breach of any provision of this Agreement will constitute a waiver of rights in respect of any subsequent breach of the same or any other provision.

15.5 Either party may by written notice to the other change its domicilium, provided that no domicilium chosen shall consist exclusively of a post office box address.

16 INTERPRETATION OF THIS AGREEMENT The expression "this Agreement" shall mean this written Memorandum of Agreement together with any valid variation in writing thereof, but shall not include any preceding or other documentation whatsoever.

16.2 The clause headings in this Agreement have been inserted for convenience only and will not be taken into consideration in its interpretation.

1 6.3 This Agreement supersedes all prior arrangements, undertakings, understandings and current arrangements between the parties whether tacit, oral, written or otherwise.

THlS DONE AND SIGNED ON BEHALF OF CONTRACTOR NAME

THIS ............ DAY OF .............................. 20 ..........

IN THE PRESENCE OF THE SUBSCRIBING WITNESSES:

........................................ For and on behalf of

CONTRACTOR NAME

THlS DONE AND SIGNED ON BEHALF OF THE ETA.

THIS .......... DAY OF ............................. 20 ..........

IN THE PRESENCE OF THE SUBSCRIBING WITNESSES:

........................................ For and on behalf of

The ETA

m E > ( U R E W a L E OF RATES

All rates and sums of money quoted in the Schedule of Rates shall be in Rands and whole cents. Fractions of a cent shall be discarded. All rates submitted must include VAT.

IIWe, the undersigned, hereby acknowledge myselflourselves fully conversant with the details and conditions set out in the Specifications and Conditions of Tender attached and hereby agree to:-

I 1. PROJECT 1 : PROJECT MANAGEMENT (CONTRACT 855920 : UTC UPGRADE)

ITEM

1. Management of testing & procedures 2. Meetings (in Durban) 3. Configuration management 4. Project scheduling 5. ETA project personnel management 6. Contract Administration

HourslMonth HourslMonth HourslMonth HourslMonth

HourslMonth HourslMonth

DESCRIPTION

I Total for project 1 (incl VAT) ] I PROJECT 2: PROJECT MANAGEMENT (CONTRACT IT-908 : 2010 FMS PHASE I ) + PHASE 2

UNIT

1. Management of testing & procedures HoursIMonth

2. Meetings (in Durban) HourslMonth

3. Site administration HourslMonth

4. Project scheduling HourslMonth 5. ETA project personnel management HourslMonth

6. Contract Administration HourslMonth

Total for project 2 (incl VAT)

Q ~ Y

/ 3 1 PROJECT 3: TENDER PREPARATION 8 ADMINISTRATION (2010 FMS PHASE 2) I

RATE

Inc. VAT

1. Determine requirements for FMS Ph 2 2. Contract Specification 3. Project preparation (field equip siting,

wayleaves,etc) 4. Detection equip I system integration

specification 5. Tender evaluation 6. Meetings (in Durban) 7. Contract startup

H RS HRS HRS

HRS

HRS HRS HRS

Total for project 3 (incl VAT)

I 1 ITEM DESCRIPTION

/ 4 1 PROJECT 4: INTELLIGENT TRANSPORT SYSTEMS INTEGRATION 1 UTC System

1. Upgrade of equipment 2. Upgrade of software 3. SCOOT areas upgrade 4. Communications upgrade 5. Software upgrades 6. Pilot projects 7. Consolidation

FMS System

1. Phase 1 testing 2. Phase 2 testing 3. ITS Systems integration 4. Ramp metering 5. Additional facilities 6. Consolidation

HRS HRS HRS HRS HRS HRS HRS

HRS HRS HRS HRS HRS HRS

Data Warehouse

1 Data consolidation 2 Integration of Traffic Event Logger 3 Classified counts 4 Public information internet interface 5 Traffic Signal faults 6 Unicast road network status (SMIL) 7 Road re-naming 8 Incorporation of road repair data 9 Signal equipment maintenance

management 10 Traffic Signal Cable Cadastral data

HRS HRS HRS HRS HRS HRS HRS HRS HRS

HRS

Accident suite

1. Internet interface 2. eNATlS interface 3. Geo-referencing of locations 4. Archiving 5. User defined Supervisor Reports 6. Ward usage 7. Reporting

HRS HRS HRS HRS HRS HRS HRS

Total for project 4 (incl VAT)

ITEM DESCRIPTION I I UNlT 1 1 Oty 1 Inc. VAT ! I I

5. PROJECT 5: SERVICE LEVEL AGREEMENT [ANNEXURE GI

Annual cost for ITS equipment and SUM R software support

Total for project 5 (incl VAT) R

ITEM DESCRIPTION I I 1 UNlT Oty 1 Inc. VAT

RATE I 1 6' 1 INDIVIDUAL HOURLY RATES

Software programmer System Integrator Data Capture ITS Consultant

Hour Hour Hour Hour

ENQUIRY NQ: 18-1728 OFFICIAL TENDER FORM

Head Procurement Rennies House, 41 Victoria Embankment, Durban

Failure to complete this document in full will invalidate the tender,

In response to your Enquiry ... ... . .. . dated .................................... llwe hereby offer to supply the services detailed hereunder in accordance with the Specification, and subject to the Terms and Conditions stated in the Enquiry (with which llwe acknowledge myselflourselves to be fully acquainted) at the pricels stated in the appropriate column below :-

/ TOTALS CARRIED FORWARD

I (note that this is a firm price tender)

TOTAL FOR

ITEM

1 ITEM I: PROJECT MANAGEMENT (CONTRACT B55920 : UTC UPGRADE) 1 R I

TENDERER'S VALUE ADDED TAX REGISTRATION NUMBER

ITEM 2: PROJECT MANAGEMENT (CONTRACT IT-908 : 2010 FMS PHASE I)

ITEM 3: TENDER PREPARATION & ADMINISTRATION (2010 FMS PHASE 2)

ITEM 4: INTELLIGENT TRANSPORT SYSTEMS INTEGRATION

ITEM 5: SERVICE LEVEL AGREEMENT (ANNEXURE G)

ITEM 6: HOURLY RATES FOR STAFF

TOTAL FOR ITEMS 1 - 5 (inclusive of VAT)

lNVe hereby agree that this tender will hold good and remain open for acceptance until 16:OO on the Friday of the sixteenth week following the Friday on which tenders are opened or during such other period as may be specified in the Special Conditions of Tender.

R

R

R

R

-----------------------

R

In the event of an order being placed with melus, llwe undertake to accept appointment in terms of the Occupational Health and Safety Act.

lMle hereby agree that this tender, together with the eThekwini Municipality's Letter of Acceptance thereof, will constitute a binding contract which will take effect from the business day following the date o f despatch of the letter of acceptance.

NAME AND ADDRESS OF TENDERER:-

SIGNATURE

NAME OF SIGNATORY IN BLOCK LETTERS TEL NUMBER:

FAX NUMBER: CAPACITY OF SIGNATORY

DATE: