Request for quotation for appointment of a contractor the replacement of ablution extraction fans and associated equipment at cape town international airport for a period of 10 months

{"name":null,"email":null,"phone":null,"department":null,"address":"fication to any prospective contractor and designers. The"}

(b) an analysis and evaluation of the risks and hazards identified based on a documented method;

involves the use of explosives and a method statement developed by a competent person is provided to ACSA

prior commencement.

experience in this type of work or under the supervision of such a person

(c) a programme for the training of employees working from a fall risk position and the records thereof;

(d) the procedure addressing the inspection, testing and maintenance of all fall protection equipment; and

(e) a rescue plan detailing the necessary procedure, personnel and suitable equipment required to affect

a rescue of a person in the event of a fall incident to ensure that the rescue procedure is implemented

immediately following the incident.

the Principal Contractor. Safety defects noted must be recorded and reported to the supervisor for remedial

action. Health and Safety Representative Inspection findings must be made available to ACSA for reference

for audits purposes.

basis and such inspections are recorded on a register. The Principal Contractor must ensure that all fire

Part c5: annexures 15 c5 ecc3

Cia RFQ 74113

work involving the design of the relevant structure to ensure compliance with the design and record the results

of these inspections in writing.

shall not be the same person. The continuous inspection of scaffolding structures must be recorded on the

applicable Scaffold register.

Tagging/Signs reflecting the status of the scaffold must be always used and fixed to the structure. (Safe to use

/ Scaffold not Safe)

monthly register is completed by a competent person. Proof of such inspections must be recorded and kept

on file for reference. The Principal Contractor must ensure that a safe working load is conspicuously displayed

on lifting equipment and tackle and service certificate is provided prior commencement of work. The Principal

(Construction Regulation 24)

The Principal Contractor must, in addition to compliance with the Electrical Installation Regulations, 2009,

and the Electrical Machinery Regulations, 1988, promulgated by Government Notice No. R. August

1988, ensure that—

(a) before construction commences and during the progress thereof, adequate steps are taken to ascertain

the presence of and guard against danger to workers from any electrical cable or apparatus which is under,

over or on the site;

(b) all parts of electrical installations and machinery are of adequate strength to withstand the working

conditions on construction sites;

(c) the control of all temporary electrical installations on the construction site is designated to a competent

person who has been appointed in writing for that purpose;

(d) all temporary electrical installations used by the contractor are inspected at least once a week by a

competent person and the inspection findings are recorded in a register kept on the construction site; and

Part c5: annexures 22 c5 ecc3

Cia RFQ 74113

(e) all electrical machinery is inspected by the authorized operator or user on a daily basis using a relevant

checklist prior to use and the inspection findings are recorded in a register kept on the construction site.

inspections are recorded in a register. The Principal Contractor must ensure that a competent person who

carries the above inspections is appointed in writing.

register. Furthermore he/she must ensure that inspections are carried out and certificates of testing are

available and kept on file as per the Regulations.

for remedial action. Inspections must be conducted by ACSA and non-conformances noted must be recorded

Part c5: annexures 27 c5 ecc3

Cia RFQ 74113

• Failure to maintain records and registers as per the OHS Act of 1993 and its

regulations.

• Failure to conduct audits and inspections as required by legislation.
• Keeping un-serviced fire equipment on site.
• Failure to make use of ablution facilities.
• Failure to remove personnel on site who appears to be under the influence of

intoxicating liquor or drugs.

• Failure to close out previously raised non-conformances.
• Failure to make and update legislative appointments.
• Failure to adhere to the OHS Act of 1993 and its regulations.

I, ___________________________ (name & surname) of

___________________________________(company) Upon receipt of this specification, agree and

acknowledge ACSA’s right to impose penalties should I or any of my employees or contractors fail to comply

with these conditions.

Part c5: annexures 28 c5 ecc3

Cia RFQ 74113

Annexure 5.0 – Project Standard Specification (Attached on NEC) 25- 66

Annexure 5.1 – Project Technical Specification (Attached on NEC) 67- 86

Annexure 5.2 – C2.2 Price Schedule Bill of Quantities (BOQ) – 1-36

ANNEXURE 5.2 : C2.2 Price Schedule -Bill of

Quantities(BOQ)

Nb: attached as rertunable separate document – pages 1- 36

Part c5: annexures 4 c5 ecc3

Cia RFQ 74113

No specific requirements found

not limited to emergencies such as fire, bomb threat, civil unrest, medical treatment, environmental incidents,

accidents to employees and other persons other than their employees.

construction site, including—

(a) the proper storage of materials and equipment;

(b) the removal of scrap, waste and debris at appropriate intervals;

(c) ensuring that materials required for use, are not placed on the site so as to obstruct means of access to

and egress from workplaces and passageways;

(d) ensuring that materials which are no longer required for use, do not accumulate on and are removed from

the site at appropriate intervals;

(e) ensuring that construction sites in built-up areas adjacent to a public way are suitably and sufficiently

fenced off and provided with controlled access points to prevent the entry of unauthorized persons; and

(f) ensuring that a catch platform or net is erected above an entrance or passageway or above a place where

persons work or pass under or fencing off the danger area if work is being performed above such entrance,

passageway, or place so as to ensure that all persons are kept safe in the case of danger or possibility of

persons being struck by falling objects.

(c) smoking is prohibited and notices in this regard are prominently displayed in all places containing readily

combustible or flammable materials;

(d) in confined spaces and other places in which flammable gases, vapours or dust can cause danger—

(i) only suitably protected electrical installations and equipment, including portable lights, are used;

(ii) there are no flames or similar means of ignition;

(iii) there are conspicuous notices prohibiting smoking;

(iv) oily rags, waste and other substances liable to ignite are without delay removed to a safe place; and

(v) adequate ventilation is provided;

(e) combustible materials do not accumulate on the construction site;

(f) welding, flame cutting and other hot work are done only after appropriate precautions have been

taken to reduce the risk of fire;

(g) suitable and sufficient fire-extinguishing equipment is placed at strategic locations or as may be

recommended by the Fire Chief or local authority concerned, and that such equipment is maintained

in a good working order;

(h) the fire equipment contemplated in paragraph (g) is inspected by a competent person, who has

been appointed in writing for that purpose, in the manner indicated by the manufacturer thereof;

(i) a sufficient number of workers are trained in the use of fire- extinguishing equipment;

(j) where appropriate, suitable visual signs are provided to clearly indicate the escape routes in the

case of a fire;

(k) the means of escape is kept clear at all times;

(l) there is an effective evacuation plan providing for all—

(i) persons to be evacuated speedily without panic;

(ii) persons to be accounted for; and

(iii) plant and processes to be shut down; and

(m) a siren is installed and sounded in the event of a fire.

36. Construction employees’ facilities

(Construction Regulation 30)

{"name":null,"email":null,"phone":null,"department":"Quantity Rate Amount","address":null}

Unit Quantity Rate Amount

Asca

General - all buildings

Mechanical installaton

Air-conditioning & ventilation installation

Bill no.1 - Preliminary and general items

Allow for all the preliminary and general items required to provide

the health & safety, mechanical and electrical installation for this

project, but excluding items priced elsewhere in these Bills (These

amounts will be paid pro rata to the rest of the amounts claimed by

the contractor, relative to the tender amount).

Contractual requirements

Tenderers to allow for compliance with all the conditions of the

1 Item 1

contract.

Joint trades

Tenderers to allow for all costs which may be required in order to co-

2 ordinate and liaise with the other Trade Contractors, especially with Item 1

the electrical contractor.

Supervisor

Tenderer to allow for a full time working supervisor during the

3 duration of the contract, who shall have the delegated authority to Item 1

receive instructions and make decisions regarding the contract.

Site establishment

Tenderers to allow for all costs which may be required in order to

4 place the necessary facilities on site for safe storage and orderly Item 1

management

For the Supply (including delivery), installation (including testing,

commissioning and handing over of the following grilles, weather

louvers, disc valves, diffusers, filters, dampers and associated

items including all necessary accessories and fittings.

Ø150 Circular Volume Control Damper, (manual) (Trox or proven

24 No 52 R -

equivalent).

Ø200 Circular Volume Control Damper, (manual) (Trox or proven

25 No 1 R -

equivalent).

26 Leak test hr 8 R -

27 Decommissioning and safe removal of old, redundant equipment No 1 R -

28 Painting, patchwork, and making good of the ceiling m2 90 R -

29 Commissioning and testing of the system No 1 R -

For the Supply (including delivery), installation (including testing,

commissioning and handing over of the following grilles, weather

louvers, disc valves, diffusers, filters, dampers and associated

items including all necessary accessories and fittings.

For the Supply (including delivery), installation (including testing,

commissioning and handing over of the following grilles, weather

louvers, disc valves, diffusers, filters, dampers and associated

items including all necessary accessories and fittings.

For the Supply (including delivery), installation (including testing,

commissioning and handing over of the following grilles, weather

louvers, disc valves, diffusers, filters, dampers and associated

items including all necessary accessories and fittings.

76 Control wiring (two core non screened stranded wire) m 15 R -

dia 20mm PVC Conduit saddled/fixed to cable tray or building

77 m 30 R -

structure.

78 dia 20mm flexible Conduit for connection to equipment. m 15 R -

79 dia 50mm PVC round box. No 2 R -

80 Writing Control Program & Commissioning Item 1 R -

81 Extract fans - Installation of wiring and controls No 1 R -

82 Leak test hr 8 R -

83 Decommissioning and safe removal of old, redundant equipment No 1 R -

84 Painting, patchwork, and making good of the ceiling m2 40 R -

85 Commissioning and testing of the system No 1 R -

For the Supply (including delivery), installation (including testing,

commissioning and handing over of the following grilles, weather

louvers, disc valves, diffusers, filters, dampers and associated

items including all necessary accessories and fittings.

94 Control wiring (two core non screened stranded wire) m 15 R -

dia 20mm PVC Conduit saddled/fixed to cable tray or building

95 m 30 R -

structure.

96 dia 20mm flexible Conduit for connection to equipment. m 15 R -

97 dia 50mm PVC round box. No 2 R -

98 Writing Control Program & Commissioning Item 1 R -

99 Extract fans - Installation of wiring and controls No 1 R -

100 Leak test hr 8 R -

101 Decommissioning and safe removal of old, redundant equipment No 1 R -

102 Painting, patchwork, and making good of the ceiling m2 30 R -

103 Commissioning and testing of the system No 1 R -

For the Supply (including delivery), installation (including testing,

commissioning and handing over of the following grilles, weather

louvers, disc valves, diffusers, filters, dampers and associated

items including all necessary accessories and fittings.

Confidential#

dia 20mm PVC Conduit saddled/fixed to cable tray or building

122 m 60 R -

structure.

123 dia 20mm flexible Conduit for connection to equipment. m 30 R -

124 dia 50mm PVC round box. No 2 R -

125 Writing Control Program & Commissioning Item 2 R -

126 Extract fans - Installation of wiring and controls No 2 R -

127 Leak test hr 8 R -

128 Commissioning and testing of the system No 1 R -

129 Decommissioning and safe removal of old, redundant equipment No 1 R -

130 Painting, patchwork, and making good of the ceiling m2 75 R -

131 Commissioning and testing of the system No 1 R -

For the Supply (including delivery), installation (including testing,

commissioning and handing over of the following grilles, weather

louvers, disc valves, diffusers, filters, dampers and associated

items including all necessary accessories and fittings.

Confidential#

140 Leak test hr 8 R -

141 Decommissioning and safe removal of old, redundant equipment No 1 R -

142 Painting, patchwork, and making good of the ceiling m2 25 R -

143 Commissioning and testing of the system No 1 R -

For the Supply (including delivery), installation (including testing,

commissioning and handing over of the following grilles, weather

louvers, disc valves, diffusers, filters, dampers and associated

items including all necessary accessories and fittings.

Confidential#

151 Painting, patchwork, and making good of the ceiling m2 25 R -

152 Commissioning and testing of the system No 1 R -

For the Supply (including delivery), installation (including testing,

commissioning and handing over of the following grilles, weather

louvers, disc valves, diffusers, filters, dampers and associated

items including all necessary accessories and fittings.

Confidential#

Ø150 Circular Volume Control Damper, (manual) (Trox or proven

160 No 11 R -

equivalent).

Ø200 Circular Volume Control Damper, (manual) (Trox or proven

161 No 1 R -

equivalent).

162 Leak test hr 8 R -

163 Decommissioning and safe removal of old, redundant equipment No 1 R -

164 Painting, patchwork, and making good of the ceiling m2 25 R -

165 Commissioning and testing of the system No 1 R -

For the Supply (including delivery), installation (including testing,

commissioning and handing over of the following grilles, weather

louvers, disc valves, diffusers, filters, dampers and associated

items including all necessary accessories and fittings.

171 Control wiring (two core non screened stranded wire) m 15 R -

dia 20mm PVC Conduit saddled/fixed to cable tray or building

172 m 30 R -

structure.

173 dia 20mm flexible Conduit for connection to equipment. m 15 R -

174 dia 50mm PVC round box. No 2 R -

175 Writing Control Program & Commissioning Item 1 R -

176 Extract fans - Installation of wiring and controls No 1 R -

177 Leak test hr 8 R -

178 Decommissioning and safe removal of old, redundant equipment No 1 R -

179 Painting, patchwork, and making good of the ceiling m2 10 R -

180 Commissioning and testing of the system No 1 R -

For the Supply (including delivery), installation (including testing,

commissioning and handing over of the following grilles, weather

louvers, disc valves, diffusers, filters, dampers and associated

items including all necessary accessories and fittings.

Confidential#

188 Painting, patchwork, and making good of the ceiling m2 30 R -

189 Commissioning and testing of the system No 1 R -

For the Supply (including delivery), installation (including testing,

commissioning and handing over of the following grilles, weather

louvers, disc valves, diffusers, filters, dampers and associated

items including all necessary accessories and fittings.

For the Supply (including delivery), installation (including testing,

commissioning and handing over of the following grilles, weather

louvers, disc valves, diffusers, filters, dampers and associated

items including all necessary accessories and fittings.

Ø200 Circular Volume Control Damper, (manual) (Trox or proven

216 No 5 R -

equivalent).

217 Leak test hr 8 R -

218 Decommissioning and safe removal of old, redundant equipment No 1 R -

219 Painting, patchwork, and making good of the ceiling m2 20 R -

220 Commissioning and testing of the system No 1 R -

8 Item 1 R -

including wiring diagrams, spare part lists as specified.

9 Allow for twelve months free maintenance and guarantee. Item 1 R -

bathroom extract fans, including: New fan control panel, electrical

cable from existing local distribution board to feed this control panel,

final sub-circuit from this control panel, general controls, contactors,

relays, circuit breakers, all other necessary equipment and

39 accessories, labelling, cabling and containment; local lockable

isolator adjacent to fan; control wiring and interfaces (to light

circuit/BMS/timer as specified); earthing/bonding; terminations;

identification; functional testing; issuing of CoC per SANS 10142-1;

as-built updates and O&M documentation.

Panel 1

Fans

EF 1 No 1 R -

Panel 2

Fans

EF 2 No 1 R -

40 Control wiring (two core non screened stranded wire) m 30 R -

dia 20mm PVC Conduit saddled/fixed to cable tray or building

41 m 60 R -

structure.

42 dia 20mm flexible Conduit for connection to equipment. m 30 R -

43 dia 50mm PVC round box. No 4 R -

44 Writing Control Program & Commissioning Item 2 R -

45 Extract fans - Installation of wiring and controls No 2 R -

46 Leak test hr 8 R -

47 Decommissioning and safe removal of old, redundant equipment No 1 R -

48 Painting, patchwork, and making good of the ceiling m2 40 R -

49 Commissioning and testing of the system No 1 R -

bathroom extract fans, including: final sub-circuit from designated

DB; circuit breaker and labelling; cabling and containment; local

lockable isolator adjacent to fan; control wiring and interfaces (to57 No 1 R -

light circuit/BMS/timer as specified); earthing/bonding;

terminations; identification; functional testing; issuing of CoC per

SANS 10142-1; as-built updates and O&M documentation.

Panel 1 - Central Terminal

Fans

Ef 3

58 Control wiring (two core non screened stranded wire) m 15 R -

dia 20mm PVC Conduit saddled/fixed to cable tray or building

59 m 30 R -

structure.

60 dia 20mm flexible Conduit for connection to equipment. m 15 R -

61 dia 50mm PVC round box. No 2 R -

62 Writing Control Program & Commissioning Item 1 R -

63 Extract fans - Installation of wiring and controls No 1 R -

64 Leak test hr 8 R -

65 Decommissioning and safe removal of old, redundant equipment No 1 R -

66 Painting, patchwork, and making good of the ceiling m2 4 R -

67 Commissioning and testing of the system No 1 R -

bathroom extract fans, including: final sub-circuit from designated

DB; circuit breaker and labelling; cabling and containment; local

lockable isolator adjacent to fan; control wiring and interfaces (to75 No 1 R -

light circuit/BMS/timer as specified); earthing/bonding;

terminations; identification; functional testing; issuing of CoC per

SANS 10142-1; as-built updates and O&M documentation.

Panel 1

bathroom extract fans, including: final sub-circuit from designated

DB; circuit breaker and labelling; cabling and containment; local

lockable isolator adjacent to fan; control wiring and interfaces (to 93 No 1 R -

light circuit/BMS/timer as specified); earthing/bonding;

terminations; identification; functional testing; issuing of CoC per

SANS 10142-1; as-built updates and O&M documentation.

Panel 1

bathroom extract fans, including: final sub-circuit from designated

DB; circuit breaker and labelling; cabling and containment; local

lockable isolator adjacent to fan; control wiring and interfaces (to120 No 1 R -

light circuit/BMS/timer as specified); earthing/bonding;

terminations; identification; functional testing; issuing of CoC per

SANS 10142-1; as-built updates and O&M documentation.

Panel 1

Fans

bathroom extract fans, including: final sub-circuit from designated

DB; circuit breaker and labelling; cabling and containment; local

lockable isolator adjacent to fan; control wiring and interfaces (to170 No 1 R -

light circuit/BMS/timer as specified); earthing/bonding;

terminations; identification; functional testing; issuing of CoC per

SANS 10142-1; as-built updates and O&M documentation.

Panel 1

bathroom extract fans, including: final sub-circuit from designated

DB; circuit breaker and labelling; cabling and containment; local

lockable isolator adjacent to fan; control wiring and interfaces (to204 No 1 R -

light circuit/BMS/timer as specified); earthing/bonding;

terminations; identification; functional testing; issuing of CoC per

SANS 10142-1; as-built updates and O&M documentation.

Panel 1

Fans

Price for 2 fans on panel, can amend during construction

205 Control wiring (two core non screened stranded wire) m 15 R -

dia 20mm PVC Conduit saddled/fixed to cable tray or building

206 m 30 R -

structure.

207 dia 20mm flexible Conduit for connection to equipment. m 15 R -

208 dia 50mm PVC round box. No 2 R -

209 Writing Control Program & Commissioning Item 1 R -

210 Extract fans - Installation of wiring and controls No 1 R -

211 Leak test hr 8 R -

212 Decommissioning and safe removal of old, redundant equipment No 1 R -

213 Painting, patchwork, and making good of the ceiling m2 45 R -

214 Commissioning and testing of the system No 1 R -

bathroom extract fans, including: final sub-circuit from designated

DB; circuit breaker and labelling; cabling and containment; local

lockable isolator adjacent to fan; control wiring and interfaces (to

225 light circuit/BMS/timer as specified); earthing/bonding; No 2 R -

terminations; identification; functional testing; issuing of CoC per

SANS 10142-1; as-built updates and O&M documentation.

Panel 1

{"name":null,"email":"[email protected]","phone":"043 721 0900","department":null,"address":"conditions of contract identified"}

CAD materials, data, software, models, plans, designs, programs, diagrams, evaluations, materials

Construction Contract

Between Airports Company South Africa

(Registration no: 1993/004149/06)

and __________________________________

(Reg No. _________________________)

for The Replacement of Ablution Extraction Fans and

Associated Equipment at Cape Town International

Airport for a Period of 10 months.

Contents: No of

pages

Part C1 Agreements & Contract Data [20]

Part C2 Pricing Data [36]

Part C3 Scope of Work

2 Name:

Job Site Foreman

Responsibilities:

3 Name:

Job Safety Officer

Responsibilities:

Part c1: agreement & contract data c1.1 Ecc3 form of offer and acceptance

Cia RFQ 74113

Confidential

Confidential

Airports company south africa soc limited contract NO.

Replacement of ablution extraction fans and associated equipment at cape town international

Airport

4 Name:

Job

Responsibilities:

CV's (and further key persons data including

CVs) are appended to Tender Schedule

entitled

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

works is

11.2(14) The following matters will be included in

the Risk Register

11.2(19) The Works Information for the Contractor’s

design is in:

31.1 The programme identified in the Contract

Data is

B Priced contract with bill of quantities

11.2(21) The bill of quantities is in

11.2(31) The tendered total of the Prices is (in figures)

(in words), excluding VAT

Data for Schedules of Cost

Components

B Priced contract with bill of quantities Data for the Shorter Schedule of Cost

Components

41 in The percentage for people overheads %

SSCC is:

21 in The published list of Equipment is the

SSCC last edition of the list published by

The percentage for adjustment for

Equipment in the published list is Minus _____%

22 in The rates of other Equipment are: Equipment Size or Rate

SSCC capacity

Part c1: agreement & contract data c1.1 Ecc3 form of offer and acceptance

Cia RFQ 74113

Confidential

Confidential

Airports company south africa soc limited contract NO.

Replacement of ablution extraction fans and associated equipment at cape town international

Airport

61 in The hourly rates for Defined Cost of

SSCC design outside the Working Areas are Category of employee Hourly rate

Note: Hourly rates are estimated ‘cost to

company of the employee’ and not selling rates.

Please insert another schedule if foreign

resources may also be used

62 in The percentage for design overheads is %

Sscc

63 in The categories of design employees

SSCC whose travelling expenses to and from the

Working Areas are included in Defined

Cost are:

C1.3 Forms of Securities

Pro forma for Bonds & Guarantees

Part c1: agreement & contract data c1.1 Ecc3 form of offer and acceptance

Cia RFQ 74113

Confidential

Confidential

Airports company south africa soc limited contract NO.

Replacement of ablution extraction fans and associated equipment at cape town international

Airport

For use with the NEC3 Engineering & Construction Contract (April 2013)

The conditions of contract stated in the Contract Data Part 1 include the following Secondary Options:

Option X16: Retention (not used with Option F)

The Contractor may provide a Retention Money Guarantee in the form stated here. When the Employer

receives and accepts a Retention Money Guarantee exactly in the form stated he will instruct the Project

Manager not to assess any amount be retained in terms of secondary Option X16.

The organisation providing the bond / guarantee does so by copying the pro forma document onto his

letterhead without any change to the text or format and completing the required details. The completed

document is then given to the Employer within the time stated in the contract.

Part c1: agreement & contract data c1.1 Ecc3 form of offer and acceptance

Cia RFQ 74113

Confidential

Confidential

Airports company south africa soc limited contract NO.

Replacement of ablution extraction fans and associated equipment at cape town international

Airport

Pro forma Retention Money Guarantee (may be used when Option X16

applies)

(to be reproduced exactly as shown below on the letterhead of the Bank providing the Guarantee)

The Airports Company South Africa SOC Limited

O.R. Tambo International Airport

The Maples, 24 Johnson Road

Bedfordview 2008

Date:

Dear Sirs

Reference No. [●] [Drafting Note: Bank reference number to be inserted]

Retention Money Guarantee: [Drafting Note: Name of Contractor to be inserted]

Project [ ] : Contract Reference: [Drafting Note: Contractor contract reference number to be inserted]

1. In this Guarantee the following words and expressions shall have the following meanings:-

1.1 “Bank” means [Insert name of Bank], [●] Branch, Registration No. [●]

1.2 “Bank’s Address” means [Insert physical address of Bank]

1.3 “Contract” means the written agreement relating to providing the works, entered into

between the Employer and the Contractor, on or about the [●] day of

[●] 20[●] (Contract Reference No. [●]) as amended, varied, restated,

novated or substituted from time to time;

1.4 “Contractor” means [●] a company registered in accordance with the laws of [●] under

Registration No [●].

1.5 “Employer” means [●] a company registered in accordance with the laws of the Republic

of South Africa under Registration Number [●]

1.6 “Expiry Date” means the date on which the Defects Certificate is issued in terms of the

Contract.

1.7 “Guaranteed Sum” means the sum of R[●], ([●] Rand)

1.8 “works” means [insert details from Contract Data part 1]

2. At the instance of the Contractor, we the undersigned ______________ and ______________, in our

respective capacities as _____________ and ___________ of the Bank, and duly authorized thereto,

confirm that we hold the Guaranteed Sum at the disposal of the Employer as security for the proper

performance by the Contractor of all of its obligations in terms of and arising from the Contract and hereby

undertake to pay to the Employer, on written demand from the Employer received prior to the Expiry Date,

any sum or sums not exceeding in total the Guaranteed Sum.

3. A demand for payment under this guarantee shall be made in writing at the Bank’s address and shall:

• be signed on behalf of the Employer by a director of the Employer;
• state the amount claimed (“the Demand Amount’);
• state that the Contractor has failed to carry out his obligation(s) to rectify certain Defect(s) for which

he is responsible under the Contract (and the nature of such defect(s)) alternatively that the Demand

Amount is payable to the Employer in the circumstances contemplated in the Contract.

4. Notwithstanding the reference herein to the Contract the liability of the Bank in terms hereof is as principal

and not as surety and the Bank’s obligation/s to make payment:

Part c1: agreement & contract data c1.1 Ecc3 form of offer and acceptance

Cia RFQ 74113

Confidential

Confidential

Airports company south africa soc limited contract NO.

Replacement of ablution extraction fans and associated equipment at cape town international

Airport

• is and shall be absolute provided demand is made in terms of this bond in all circumstances; and
• is not, and shall not be construed to be, accessory or collateral on any basis whatsoever.

5. The Bank’s obligations in terms of this Guarantee:

• shall be restricted to the payment of money only and shall be limited to the maximum of the Guaranteed

Sum; and

• shall not be discharged and compliance with any demand for payment received by the Bank in terms

hereof shall not be delayed, by the fact that a dispute may exist between the Employer and the

Contractor.

6. The Employer shall be entitled to arrange its affairs with the Contractor in any manner which it sees fit,

without advising us and without affecting our liability under this Guarantee. This includes, without limitation,

any extensions, indulgences, release or compromise granted to the Contractor or any variation under or

to the Contract.

7. Should the Employer cede its rights against the Contractor to a third party where such cession is permitted

under the Contract, then the Employer shall be entitled to cede to such third party the rights of the Employer

under this Guarantee on written notification to the Bank of such cession.

8. This Guarantee:

• shall expire on the Expiry Date until which time it is irrevocable;
• is, save as provided for in Error! Reference source not found. above, personal to the Employer and

is neither negotiable nor transferable;

• shall be returned to the Bank upon the earlier of payment of the full Guaranteed Sum or expiry hereof;
• shall be regarded as a liquid document for the purpose of obtaining a court order; and
• shall be governed by and construed in accordance with the law of the Republic of South Africa and

shall be subject to the jurisdiction of the Courts of the Republic of South Africa.

• will be invalid and unenforceable if any claim which arises or demand for payment is received after the

Expiry Date.

9. The Bank chooses domicilium citandi et executandi for all purposes in connection with this Guarantee at

the Bank’s Address.

Signed at on this day of 20__

For and on behalf of the Bank

Bank Signatories(s)

Name(s) (printed)

Witness(s)

Bank’s seal or stamp

Part c1: agreement & contract data c1.1 Ecc3 form of offer and acceptance

Cia RFQ 74113

Confidential

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Airports company south africa soc limited contract NO.

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Airport

Pro forma ASGI-SA Guarantee

(to be reproduced exactly as shown below on the letterhead of the Bank providing the Guarantee)

The Airports Company South Africa SOC Limited

O.R. Tambo International Airport

The Maples, 24 Johnson Road

Bedfordview 2008

Date:

Dear Sirs

Reference No. [●] [Drafting Note: Bank reference number to be inserted]

Pro-Forma ASGI-SA Guarantee: [Drafting Note: Name of Contractor to be inserted]

Project [ ] Contract Reference: [●] [Drafting Note: Contractor contract reference number to be inserted]

1. In this Guarantee the following words and expressions shall have the following meanings:-

1.1 “Bank” - means [●], [●] Branch, (Registration No. [●]); [Drafting Note: Name of Bank to be inserted]

1.2 “Bank’s Address” - means [●]; [Drafting Note: Bank’s physical address to be inserted]

1.3 “Contract” – means the written agreement relating to the Project, entered into between the Employer and

the Contractor, on or about the [●] day of [●] 200[●] (Contract Reference No. [●] as amended, varied,

restated, novated or substituted from time to time; [Drafting Note: Signature Date and Contract reference

number to be inserted]

1.4 “Contractor” – means [●] a company registered in accordance with the laws of [●] under Registration

Number [●]. [Drafting Note: Name and details of Contractor to be inserted]

1.5 “Contractor’s ASGI-SA Obligations” – means the Contractor’s ASGI-SA Obligations under and as defined

in the Contract.

1.6 “Employer” - means Eskom Holdings Limited, a company registered in accordance with the laws of the

Republic of South Africa under Registration Number 2002/015527/06.

1.7 “Expiry Date” - means the [●] day of [●] 200[●]; [Drafting Note: anticipated date of issue of ASGI-SA

Performance Certificate to be inserted.]

1.8 “Guaranteed Sum” - means the sum of R [●] ([●] Rand);

1.9 “Project” – means the ..............................

2. At the instance of the Contractor, we the undersigned ______________ and ______________, in our

respective capacities as _____________ and ___________ of the Bank, and duly authorized thereto,

confirm that we hold the Guaranteed Sum at the disposal of the Employer, as security for the proper

performance by the Contractor of the Contractor’s ASGI-SA Obligations and hereby undertake to pay to

the Employer, on written demand from the Employer received prior to the Expiry Date, any sum or sums

not exceeding in total the Guaranteed Sum.

3. A demand for payment under this guarantee shall be made in writing at the Bank’s address and shall:

3.1 state the amount claimed (“the Demand Amount’);

3.2 state that the Demand Amount is payable to the Employer in the circumstances contemplated in the

Contract.

4. Notwithstanding the reference herein to the Contract the liability of the Bank in terms hereof is as principal

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Airports company south africa soc limited contract NO.

Replacement of ablution extraction fans and associated equipment at cape town international

Airport

and not as surety and the Bank’s obligation/s to make payment:

4.1 is and shall be absolute provided demand is made in terms of this bond in all circumstances; and

4.2 is not, and shall not be construed to be, accessory or collateral on any basis whatsoever.

5. The Bank’s obligations in terms of this Guarantee:

5.1 shall be restricted to the payment of money only and shall be limited to the maximum of the Guaranteed

Sum; and

5.2 shall not be discharged and compliance with any demand for payment received by the Bank in terms

hereof shall not be delayed, by the fact that a dispute may exist between the Employer and the Contractor.

6. The Employer shall be entitled to arrange its affairs with the Contractor in any manner which it sees fit,

without advising us and without affecting our liability under this Guarantee. This includes, without limitation,

any extensions, indulgences, release or compromise granted to the Contractor or any variation under or

to the Contract.

7. Should the Employer cede its rights against the Contractor to a third party where such cession is permitted

under the Contract, then the Employer shall be entitled to cede to such third party the rights of the Employer

under this Guarantee on written notification to the Bank of such cession.

8. This Guarantee:

8.1 shall expire on the Expiry Date until which time it is irrevocable;

8.2 is, save as provided for in Error! Reference source not found. above, personal to the Employer and is

neither negotiable nor transferable;

8.3 shall be returned to the Bank upon the earlier of payment of the full Guaranteed Sum or expiry hereof;

8.4 shall be regarded as a liquid document for the purpose of obtaining a court order; and

8.5 shall be governed by and construed in accordance with the law of the Republic of South Africa and shall

be subject to the jurisdiction of the courts of the Republic of South Africa.

8.6 Any claim which arises or demand for payment received after expiry date will be invalid and unenforceable.

9. The Bank chooses domicilium citandi et executandi for all purposes in connection with this Guarantee at

the Bank’s Address.

Signed at _____________________ Date ____________________________

For and behalf of the Bank

Bank Signatory: ___________________ Bank Signatory: ___________________

Witness: ________________________ Witness: _________________________

Bank’s seal or stamp

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Airports company south africa soc limited contract NO.

Replacement of ablution extraction fans and associated equipment at cape town international

Airport

Part C2: Pricing Data

Document Title No of

reference pages

C2.1 Pricing assumptions: Option B 4

C2.2 The Bill of quantities to be obtained from (Annexure 5. 2) 36

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Confidential

Qualifications:

Experience:

2 Name:

Qualifications:

Experience:

3 Name:

Qualifications:

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Experience:

4 Name:

Qualifications:

Experience:

CV's (and further key persons data including

CVs) are appended to Tender Schedule

entitled

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

works is

11.2(14) The following matters will be included in

the Risk Register

11.2(19) The Works Information for the Contractor’s

design is in:

31.1 The programme identified in the Contract

Airport for a Period of 10 months.

Contents: No of

pages

Part C1 Agreements & Contract Data [20]

Part C2 Pricing Data [36]

Part C3 Scope of Work [15]

Part C4 Site Information [1]

Part C5 Annexures [ 5.0-

5.10]

CONTRACT No. ______________________

Conract ecc3 cover pages

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Part C1 Agreements and Contract Data, (which includes this Form of Offer and Acceptance)

Part C2 Pricing Data

Part C3 Scope of Work: Works Information

Part C4 Site Information

and drawings and documents (or parts thereof), which may be incorporated by reference into the above

listed Parts.

11.2(21) The bill of quantities is in

11.2(31) The tendered total of the Prices is (in figures)

(in words), excluding VAT

61 in The hourly rates for Defined Cost of

Note: Hourly rates are estimated ‘cost to

company of the employee’ and not selling rates.

Part C2: Pricing Data

reference pages

C2.1 Pricing assumptions: Option B 4

C2.2 The Bill of quantities to be obtained from (Annexure 5. 2) 36

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Please note that where the project covers both landside and airside, only the airside clause will apply.

Part c1: agreement & contract data c1.1 Ecc3 form of offer and acceptance

signature of

witness Date

Note: If a tenderer wishes to submit alternative tenders, use another copy of this Form of Offer and

• Safety File has been approved by the Client

31.2 The starting date is Upon signing of contract by ACSA

32.2 The Contractor submits revised

programmes at intervals no longer than Four (4) weeks

35.1 The Employer is not willing to take over

the works before the Completion Date.

60.6 The method of measurement is Standard Unit of Measurement published by ASAQS

and amended as stated in Part C2.1, Pricing

Z1 Interpretation of the law

Z1.1 Add to core clause 12.3: Any extension, concession, waiver, or relaxation of any action stated in this

contract by the Parties, the Project Manager, the Supervisor, or the Adjudicator does not constitute a

waiver of rights and does not give rise to an estoppel unless the Parties agree otherwise and confirm

such agreement in writing.

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Z6. Changes in Law: Add the following clause to secondary option X2 as X2.2:

Z6.1 A change in law is defined as:

Z6.1.1 the adoption, enactment, promulgation, coming into effect, repeal, amendment, reinterpretation,

change in application or other modification after the Contract Date of any law, excluding (i) the

enactment of any bill inside the country, but only if such bill is enacted without any material changes

being made to the contents of such bill from the form published in the Gazette (as defined in the

Interpretation Act, 1957) as at the Contract Date, and (ii) any such modification in law relating to any

taxes, charges, imposts, duties, levies or deductions that are assessed in relation to a person’s income

Z6.1.2 any permit being terminated, withdrawn, amended, modified or replaced, other than (i) in accordance

with the terms upon which it was originally granted, (ii) as a result of the failure by the Contractor to

comply with any condition set out therein, or (iii) as a result of any act or omission of the Contractor,

any Subcontractor or any affiliate to the Contractor.

Z7. Performance Bond

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however other clauses may also use the same data

3. Where a form field like this [ ] appears, data is required to be inserted relevant to the option

selected. Click on the form field once and type in the data. Otherwise complete by hand and in ink.

21 in The published list of Equipment is the

Equipment in the published list is Minus _____%

22 in The rates of other Equipment are: Equipment Size or Rate

• Aviation liability insurance cover for an indemnity limit not less than R100 000 (one hundred

thousand rands).

• Submit proof of insurance to ACSA before the work starts, and annually for the duration of the

project.

For OPEX projects and non-construction CAPEX projects on the airside:

The successful bidder must source the following insurance cover, which is the deductible in the ACSA

• Aviation liability insurance cover for an indemnity limit not less than R300 000 (three hundred

thousand rands).

• Submit proof of insurance to ACSA before the work starts, and annually for the duration of the

project.

Please note that where the project covers both landside and airside, only the airside clause will apply.

1.1 Sub-Contractors.

The Contractor shall:

a) ensure that all potential and appointed Sub-contractors are aware of the whole contents of

these Insurance Clauses, and

b) enforce the compliance by subcontract agreement between the Contractor and Sub-

Contractor and where applicable that the Subcontractor effect similar insurance relating to the

insurances required to be effected by the Contractor under Clause 2 (Contractor effected

insurances).

Appendix a

Contractors claims advice form - for acsa insured contracts under the annual

Policy

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Confidential

Confidential

Airports company south africa soc limited contract NO.

Replacement of ablution extraction fans and associated equipment at cape town international

Airport

Send to: Airports Company South Africa

*........................................................

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

E-Mail The Following People: .........................................................

......................................................... [email protected]

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

[email protected] ...................................................

• (Please provide name of contracting company, site address, telephone numbers and e-mail address).

Re: acsa contractors: car/pl/pi: claim

Date of loss: _____________________________________________________________________

Reported to site agent by: ________________________ Date: _____________________

Reported to Insurance Broker by: ________________________ Date: _____________________

How did the loss occur (cause)? _________________________________________________________

Details and nature of loss or damage to Contract Works _______________________________________

Details of other property damaged ________________________________________________________

Names and address of witnesses _________________________________________________________

Estimated cost of repairs (Separate records of all costs must be kept) R_______________________

Person whom assessor should contact _____________________________________________________

Telephone/Mobile Numbers Of Contact Person_________________________________________

Email Address of Contact Person_______________________________________________

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Airports company south africa soc limited contract NO.

Replacement of ablution extraction fans and associated equipment at cape town international

Airport

C1.2 Contract Data

Part two - Data provided by the Contractor.

Notes to a tendering contractor:

1. Please read both the NEC3 Engineering and Construction Contract (April 2013) and the relevant parts

of its Guidance Notes (ECC3-GN) in order to understand the implications of this Data which the

tenderer is required to complete. An example of the completed Data is provided on pages 152 to 154

of the ECC3 Guidance Notes.

2. The number of the clause which requires the data is shown in the left-hand column for each statement

however other clauses may also use the same data

3. Where a form field like this [ ] appears, data is required to be inserted relevant to the option

selected. Click on the form field once and type in the data. Otherwise complete by hand and in ink.

Completion of the data in full, according to Options chosen, is essential to create a complete contract.

Clause Statement Data

10.1 The Contractor is (Name):

Address

Tel No.

Fax No.

11.2(8) The direct fee percentage is %

The subcontracted fee percentage is %

11.2(18) The working areas are the Site and Refer to C4 ‘Site Information’

24.1 The Contractor's key persons are:

1 Name:

Job: Construction Manager/ Site Supervisor

Responsibilities:

Part C1: Agreements & Contract Data

Contents: No of

pages

C1.1 Form of Offer and Acceptance [3-5]

C1.2a Contract Data provided by the Employer [6-21]

C1.2b Contract Data provided by the Contractor [22-24]

C1.3 Proforma Guarantees [25-29]

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of Deviations (if any), contact the Employer’s agent (whose details are given in the Contract Data) to arrange

the delivery of any securities, bonds, guarantees, proof of insurance and any other documentation to be

provided in terms of the conditions of contract identified in the Contract Data at, or just after, the date this

agreement comes into effect. Failure to fulfil any of these obligations in accordance with those terms shall

constitute a repudiation of this agreement.

Unless the tenderer (now Contractor) within five working days of the date of such receipt notifies the

clauses and the clauses for main Option

B: Priced contract with bill of quantities

dispute resolution Option W1: Dispute resolution procedure

and secondary Options

X2 Changes in the law

X7: Delay damages

X16: Retention

X17: Low performance damages

X18: Limitation of liability

Z: Additional conditions of contract

of the NEC3 Engineering and

Construction Contract, April 2013

(Ecc3)

10.1 The Employer is (Name): Airports Company South Africa SOC Limited (reg.

no: 1993/004149/06), a juristic person incorporated

in terms of the company laws of the Republic of

80.1 These are additional Employer's risks Refer to ACSA insurance clauses in Annexure D.

81.1 The Contractor’s Risk Add:

(1) The Contractor has engaged with the persons

responsible for the riot, commotion, disorder, strike or

lockout; has met with the persons or leaders; and has

recorded the persons or leaders details, their grievances,

the organisations involved, all threats made; and has

requested the persons or leaders to cease all unlawful

conduct; and

(2) The Contractor has obtained proof of the riot,

commotion, disorder, strike or lockout, and of any

unlawful conduct; and

(3) The Contractor has reported all threats and unlawful

conduct to the South African Police Service; and

(4) The Contractor has brought an urgent application to

the court on an ex parte basis that correctly identify the

respondents and define the unlawful conduct to be

interdicted; and

1. (5) The Contractor has ensured that the court

order is enforced.

84.1 The Employer provides these Refer Annexure D to this Contract Data provided by the

insurances from the Insurance Table

84.1 The Employer provides these additional Refer to Insurance Schedule in Annexure D provided by

insurances

the Employer.

84.1 The Contractor provides these Refer to Insurance Schedule in Annexure D to this

additional insurances Contract Data provided by the Employer.

84.2 The minimum limit of indemnity for Refer to Insurance Schedule in Annexure D to this

insurance in respect of death of or Contract Data provided by the Employer.

bodily injury to employees of the

11 Data for Option W1

W1.1 The Adjudicator is (Name) Both parties will agree the Adjudicator when a dispute

arises. If the parties cannot reach an agreement on the

Adjudicator within 30 days of a dispute arising, the

X7 Delay damages

X7.1 Delay damages for late Completion of 2.5% to the maximum of 10% of the price at completion

the sections of the works are: date

X16 Retention (not used with Option F)

The retention percentage is 5% of the contract value , 2,5% will be released at

Completion of the works and the remaining 2,5% will

be released after the Twelve (12) months of defects

liability period

X17 Low performance damages

X17.1 The amounts for low performance damages

are: Amount Performance level

R 1500,00/day defects within defect correction

period of Two (2) weeks

X18 Limitation of liability

X18.1 The Contractor’s liability to the Refer to insurance clauses in Annexure D, ACSA

loss is limited to:

X18.2 For any one event, the Contractor’s Total of the losses incurred and/or repairs to the

liability to the Employer for loss of or damages caused.

damage to the Employer’s property is

limited to:

X18.3 The Contractor’s liability for Defects due Total of the losses incurred and/or repairs to the

to his design which are not listed on the damages caused.

X18.4 The Contractor’s total liability to the The total of the Prices other than for the additional

in connection with this contract, other

than excluded matters, is limited to: The Contractor’s total liability for the additional excluded

matters is not limited.

• Defects due to manufacture and fabrication outside

the Site,

• loss of or damage to property (other than the works,

Plant and Materials),

• death of or injury to a person;
• damage to third party property; and
• infringement of an intellectual property right.

X18.5 The end of liability date is The date on which the liability in question prescribes in

accordance with the Prescription Act No. (as

amended or in terms of any replacement legislation) for

any other.

between Completion and the defects date stated in the Contract Data.

Z5. Termination

Z5.1. Add the following to core clause 91.1, at the second main bullet, fifth sub-bullet point, after the

words “assets or”: “business rescue proceedings are initiated, or steps are taken to initiate business

recue proceedings”.

set out in Annexure C.ii of this Contract Data.

Z7.2. Add the following new clause as Option X13.2: The Contractor ensures that the performance bond is

valid and enforceable until the end of the contract period. If the terms of the performance bond specify

its expiry date and the end of the contract period does not coincide with such expiry date, four weeks

prior to the said expiry date, the Contractor extends the validity of the performance bond until the end

of the contract period. If the Contractor fails to so extend the validity of the performance bond, the Employer

may claim the full amount of the performance bond and retain the proceeds as cash security.

Z8. Limitation of liability: Insert the following new clause as Option X18.6:

Z8.1 The Employer's liability to the Contractor for the Contractor's indirect or consequential loss is limited to

an amount to be addressed with client.

Z8.2 Notwithstanding any other clause in this contract, any proceeds received from any insurances or any

proceeds which would have been received from any insurances but for the conduct of the Contractor

shall be excluded from the calculation of the limitations of liability listed in the contract.

Z9. Cession, delegation, and assignment

Z9.1. The Contractor shall not cede, delegate, or assign any of its rights or obligations to any person without

the written consent of the Employer, which consent shall not be unreasonably withheld. This clause

shall be binding on the liquidator/business rescue practitioner /trustee (whether provisional or not) of

the Contractor.

Z9.2. The Employer may, on written notice to the Contractor, cede and delegate its rights and obligations

under this contract to any person or entity.

Z10. Joint and several liability

Z10.1. If the Contractor constitutes a joint venture, consortium, or other unincorporated grouping of two or

more persons, these persons are deemed to be jointly and severally liable to the Employer for the

performance of the Contract.

Z10.2. The Contractor shall, within 1 week of the Contract Date, notify the Project Manager and the Employer

of the key person who has the authority to bind the Contractor on their behalf.

Z10.3. The Contractor does not materially alter the composition of the joint venture, consortium, or other

unincorporated grouping of two or more persons without prior written consent of the Employer.

Z11. Ethics

Z11.1. The Contractor undertakes:

Z11.1.1. not to give any offer, payment, consideration, or benefit of any kind, which constitutes or could be

construed as an illegal or corrupt practice, either directly or indirectly, as an inducement or reward for

the award or in execution of this contract;

Z11.1.2. to comply with all laws, regulations or policies relating to the prevention and combating of bribery,

corruption, and money laundering to which it or the Employer is subject, including but not limited to

the Prevention and Combating of Corrupt Activities Act, .

Z11.2. The Contractor’s breach of this clause constitutes grounds for terminating the Contractor’s obligation

to Provide the Works or taking any other action as appropriate against the Contractor (including civil

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or criminal action). However, lawful inducements and rewards shall not constitute grounds for

termination.

Z11.3. If the Contractor is found guilty by a competent court, administrative or regulatory body of participating

in illegal or corrupt practices, including but not limited to the making of offers (directly or indirectly),

payments, gifts, gratuity, commission or benefits of any kind, which are in any way whatsoever in

connection with the contract with the Employer, the Employer shall be entitled to terminate the contract

in accordance with the procedures stated in core clause 92.2. the amount due on termination is A1.

Z12. Confidentiality

Z12.1. All information obtained in terms of this contract or arising from the implementation of this contract

shall be treated as confidential by the Contractor and shall not be used or divulged or published to any

person not being a party to this contract, without the prior written consent of the Project Manager or

the Employer, which consent shall not be unreasonably withheld.

Z12.2. If the Contractor is uncertain about whether any such information is confidential, it is to be regarded

as such until otherwise notified by the Project Manager.

Z12.3. This undertaking shall not apply to –

Z12.3.1. Information disclosed to the employees of the Contractor for the purposes of the implementation of

this agreement. The Contractor undertakes to procure that its employees are aware of the confidential

nature of the information so disclosed and that they comply with the provisions of this clause;

Z12.3.2. Information which the Contractor is required by law to disclose, provided that the Contractor notifies

the Employer prior to disclosure so as to enable the Employer to take the appropriate action to protect

such information. The Contractor may disclose such information only to the extent required by law and

shall use reasonable efforts to obtain assurances that confidential treatment will be afforded to the

information so disclosed;

Z12.3.3. Information which at the time of disclosure or thereafter, without default on the part of the Contractor,

enters the public domain or to information which was already in the possession of the Contractor at

the time of disclosure (evidenced by written records in existence at that time);

Z12.4. The taking of images (whether photographs, video footage or otherwise) of the works or any portion

thereof, in the course of Providing the Works and after Completion, requires the prior written consent

of the Project Manager. All rights in and to all such images vests exclusively in the Employer.

Z12.5. The Contractor ensures that all his Subcontractors abide by the undertakings in this clause.

Z13. Employer’s Step-in rights

Z13.1. If the Contractor defaults by failing to comply with his obligations and fails to remedy such default

within 2 weeks of the notification of the default by the Project Manager, the Employer, without prejudice

to his other rights, powers, and remedies under the contract, may remedy the default either himself

or procure a third party (including any subcontractor or supplier of the Contractor) to do so on his

behalf. The reasonable costs of such remedial works shall be borne by the Contractor.

Z13.2. The Contractor co-operates with the Employer and facilitates and permits the use of all required

information, materials and other matter (including but not limited to documents and all other drawings

Z14. Liens and Encumbrances

Z14.1. The Contractor keeps the Equipment used to Provide the Services free of all liens and other

encumbrances at all times. The Contractor, vis-a-vis the Employer, waives all and any liens which he may

from time to time have, or become entitled to over such Equipment and any part thereof and procures

that his Subcontractors similarly, vis-a-vis the Employer, waive all liens they may have or become entitled

to over such Equipment from time to time

Z15. Intellectual Property

Z15.1 Intellectual Property (“IP”) rights means all rights in and to any patent, design, copyright, trademark,

trade name, trade secret or other intellectual or industrial property right relating to the Works.

Z15.2 IP rights remain vested in the originator and shall not be used for any reason whatsoever other than

carrying out the works.

Z15.3 The Contractor gives the Employer an irrevocable, transferrable, non-exclusive, royalty free licence to

use and copy all IP related to the works for the purposes of constructing, repairing, demolishing

operating and maintaining the works.

Z15.4 The written approval of the Contractor is to be obtained before the Contractor's IP made available to

any third party which approval will not be unreasonably withheld or delayed. Prior to making any

from any such third party on terms no less onerous than the terms the Employer would use to protec

its IP.

Z15.5 The Contractor shall indemnify and hold the Employer harmless against and from any claim alleging

an infringement of IP rights (“the claim”), which arises out of or in relation to:

Z15.5.1 the Contractor’s design, manufacture, construction, or execution of the Works;

Z15.5.2 the use of the Contractor’s Equipment, or

Z15.5.3 the proper use of the Works.

Z15.6 The Employer shall, at the request and cost of the Contractor, assist in contesting the claim and the

Contractor may (at its cost) conduct negotiations for the settlement of the claim, and any litigation or

arbitration which may arise from it.

Z16. Dispute resolution: The following amendments are made to Option W1:

Z16.1 Under clause W1.3, in the fourth row of the first column of the adjudication table, the following

words are added after the words “any other matter”: “excluding disputes relating to termination of

the contract”.

Z16.2 The following clauses are added at the end of clause W1.3:

Z16.2.1 “The Adjudicator shall decide the dispute solely on the written submissions of the parties. No oral

submissions shall be heard during adjudication.”

Z16.2.2 “Disputes relating to or arising from termination of the Contract shall not be determined by an adjudicator.

Any such dispute shall be referred directly to arbitration.”

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Annexure B: Pro forma Security Bonds and Guarantee

Reference to C1.3 Forms of Securities

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Annexure D: ACSA Insurance Clauses

Summary of Terms and other Matters Applicable to Employer Provided Insurance Part 1:

liabilities or responsibilities of the Contractor in any way whatsoever (including but not limited to any

requirement for the provision by the Contractor of any other insurances) the Employer shall effect and

maintain as appropriate in the joint names of the Employer , Contractors and Sub-Contractors,

insurance cover:

• Aviation liability insurance cover for an indemnity limit not less than R100 000 (one hundred

thousand rands).

• Submit proof of insurance to ACSA before the work starts, and annually for the duration of the

project.

insurance cover:

• Aviation liability insurance cover for an indemnity limit not less than R300 000 (three hundred

thousand rands).

• Submit proof of insurance to ACSA before the work starts, and annually for the duration of the

project.

a) ensure that all potential and appointed Sub-contractors are aware of the whole contents of

these Insurance Clauses, and

b) enforce the compliance by subcontract agreement between the Contractor and Sub-

insurances required to be effected by the Contractor under Clause 2 (Contractor effected

insurances).

Send to: Airports Company South Africa

*........................................................

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

E-Mail The Following People: .........................................................

......................................................... [email protected]

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

[email protected] ...................................................

• (Please provide name of contracting company, site address, telephone numbers and e-mail address).

Re: acsa contractors: car/pl/pi: claim

Date of loss: _____________________________________________________________________

Reported to site agent by: ________________________ Date: _____________________

Reported to Insurance Broker by: ________________________ Date: _____________________

How did the loss occur (cause)? _________________________________________________________

Details and nature of loss or damage to Contract Works _______________________________________

Details of other property damaged ________________________________________________________

Names and address of witnesses _________________________________________________________

Estimated cost of repairs (Separate records of all costs must be kept) R_______________________

Person whom assessor should contact _____________________________________________________

Telephone/Mobile Numbers Of Contact Person_________________________________________

Email Address of Contact Person_______________________________________________

Part c1: agreement & contract data c1.1 Ecc3 form of offer and acceptance

Cia RFQ 74113

receives and accepts a Retention Money Guarantee exactly in the form stated he will instruct the Project

Manager not to assess any amount be retained in terms of secondary Option X16.

Pro forma Retention Money Guarantee (may be used when Option X16

applies)

(to be reproduced exactly as shown below on the letterhead of the Bank providing the Guarantee)

Reference No. [●] [Drafting Note: Bank reference number to be inserted]

Retention Money Guarantee: [Drafting Note: Name of Contractor to be inserted]

Project [ ] : Contract Reference: [Drafting Note: Contractor contract reference number to be inserted]

1. In this Guarantee the following words and expressions shall have the following meanings:-

1.1 “Bank” means [Insert name of Bank], [●] Branch, Registration No. [●]

1.2 “Bank’s Address” means [Insert physical address of Bank]

1.3 “Contract” means the written agreement relating to providing the works, entered into

between the Employer and the Contractor, on or about the [●] day of

[●] 20[●] (Contract Reference No. [●]) as amended, varied, restated,

novated or substituted from time to time;

1.4 “Contractor” means [●] a company registered in accordance with the laws of [●] under

Registration No [●].

1.5 “Employer” means [●] a company registered in accordance with the laws of the Republic

of South Africa under Registration Number [●]

1.6 “Expiry Date” means the date on which the Defects Certificate is issued in terms of the

1.7 “Guaranteed Sum” means the sum of R[●], ([●] Rand)

1.8 “works” means [insert details from Contract Data part 1]

2. At the instance of the Contractor, we the undersigned ______________ and ______________, in our

respective capacities as _____________ and ___________ of the Bank, and duly authorized thereto,

confirm that we hold the Guaranteed Sum at the disposal of the Employer as security for the proper

performance by the Contractor of all of its obligations in terms of and arising from the Contract and hereby

undertake to pay to the Employer, on written demand from the Employer received prior to the Expiry Date,

any sum or sums not exceeding in total the Guaranteed Sum.

3. A demand for payment under this guarantee shall be made in writing at the Bank’s address and shall:

• be signed on behalf of the Employer by a director of the Employer;
• state the amount claimed (“the Demand Amount’);
• state that the Contractor has failed to carry out his obligation(s) to rectify certain Defect(s) for which

he is responsible under the Contract (and the nature of such defect(s)) alternatively that the Demand

• is and shall be absolute provided demand is made in terms of this bond in all circumstances; and
• is not, and shall not be construed to be, accessory or collateral on any basis whatsoever.

5. The Bank’s obligations in terms of this Guarantee:

• shall be restricted to the payment of money only and shall be limited to the maximum of the Guaranteed

Sum; and

• shall not be discharged and compliance with any demand for payment received by the Bank in terms

hereof shall not be delayed, by the fact that a dispute may exist between the Employer and the

without advising us and without affecting our liability under this Guarantee. This includes, without limitation,

any extensions, indulgences, release or compromise granted to the Contractor or any variation under or

to the Contract.

under the Contract, then the Employer shall be entitled to cede to such third party the rights of the Employer

under this Guarantee on written notification to the Bank of such cession.

• shall expire on the Expiry Date until which time it is irrevocable;
• is, save as provided for in Error! Reference source not found. above, personal to the Employer and

is neither negotiable nor transferable;

• shall be returned to the Bank upon the earlier of payment of the full Guaranteed Sum or expiry hereof;
• shall be regarded as a liquid document for the purpose of obtaining a court order; and
• shall be governed by and construed in accordance with the law of the Republic of South Africa and

shall be subject to the jurisdiction of the Courts of the Republic of South Africa.

• will be invalid and unenforceable if any claim which arises or demand for payment is received after the

(to be reproduced exactly as shown below on the letterhead of the Bank providing the Guarantee)

Reference No. [●] [Drafting Note: Bank reference number to be inserted]

Pro-Forma ASGI-SA Guarantee: [Drafting Note: Name of Contractor to be inserted]

Project [ ] Contract Reference: [●] [Drafting Note: Contractor contract reference number to be inserted]

1. In this Guarantee the following words and expressions shall have the following meanings:-

1.1 “Bank” - means [●], [●] Branch, (Registration No. [●]); [Drafting Note: Name of Bank to be inserted]

1.2 “Bank’s Address” - means [●]; [Drafting Note: Bank’s physical address to be inserted]

1.3 “Contract” – means the written agreement relating to the Project, entered into between the Employer and

the Contractor, on or about the [●] day of [●] 200[●] (Contract Reference No. [●] as amended, varied,

restated, novated or substituted from time to time; [Drafting Note: Signature Date and Contract reference

number to be inserted]

1.4 “Contractor” – means [●] a company registered in accordance with the laws of [●] under Registration

Number [●]. [Drafting Note: Name and details of Contractor to be inserted]

1.5 “Contractor’s ASGI-SA Obligations” – means the Contractor’s ASGI-SA Obligations under and as defined

in the Contract.

1.6 “Employer” - means Eskom Holdings Limited, a company registered in accordance with the laws of the

Republic of South Africa under Registration Number 2002/015527/06.

1.7 “Expiry Date” - means the [●] day of [●] 200[●]; [Drafting Note: anticipated date of issue of ASGI-SA

Performance Certificate to be inserted.]

1.8 “Guaranteed Sum” - means the sum of R [●] ([●] Rand);

1.9 “Project” – means the ..............................

2. At the instance of the Contractor, we the undersigned ______________ and ______________, in our

respective capacities as _____________ and ___________ of the Bank, and duly authorized thereto,

confirm that we hold the Guaranteed Sum at the disposal of the Employer, as security for the proper

performance by the Contractor of the Contractor’s ASGI-SA Obligations and hereby undertake to pay to

the Employer, on written demand from the Employer received prior to the Expiry Date, any sum or sums

not exceeding in total the Guaranteed Sum.

3. A demand for payment under this guarantee shall be made in writing at the Bank’s address and shall:

3.1 state the amount claimed (“the Demand Amount’);

3.2 state that the Demand Amount is payable to the Employer in the circumstances contemplated in the

and not as surety and the Bank’s obligation/s to make payment:

4.1 is and shall be absolute provided demand is made in terms of this bond in all circumstances; and

4.2 is not, and shall not be construed to be, accessory or collateral on any basis whatsoever.

5. The Bank’s obligations in terms of this Guarantee:

5.1 shall be restricted to the payment of money only and shall be limited to the maximum of the Guaranteed

Sum; and

5.2 shall not be discharged and compliance with any demand for payment received by the Bank in terms

hereof shall not be delayed, by the fact that a dispute may exist between the Employer and the Contractor.

without advising us and without affecting our liability under this Guarantee. This includes, without limitation,

any extensions, indulgences, release or compromise granted to the Contractor or any variation under or

to the Contract.

under the Contract, then the Employer shall be entitled to cede to such third party the rights of the Employer

under this Guarantee on written notification to the Bank of such cession.

8.1 shall expire on the Expiry Date until which time it is irrevocable;

8.2 is, save as provided for in Error! Reference source not found. above, personal to the Employer and is

neither negotiable nor transferable;

8.3 shall be returned to the Bank upon the earlier of payment of the full Guaranteed Sum or expiry hereof;

8.4 shall be regarded as a liquid document for the purpose of obtaining a court order; and

8.5 shall be governed by and construed in accordance with the law of the Republic of South Africa and shall

be subject to the jurisdiction of the courts of the Republic of South Africa.

8.6 Any claim which arises or demand for payment received after expiry date will be invalid and unenforceable.