Enumeration services for komatiland forests plantations (3-Year contract)

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Returnable documents:

• Completed Form of Offer and Acceptance, including the total price and any Schedule of Deviations.
• Completed Contractor's data in Part 2 of the Contract Data, including key persons and senior representatives.
• Securities, bonds, guarantees, and proof of insurance as required by the contract.
• All communications must be in writing and submitted electronically.

Disqualification risks:

• Failure to provide any required securities, bonds, guarantees, or proof of insurance within two weeks of receiving the completed agreement constitutes repudiation.
• Failure to comply with the mandatory three-month probation period may lead to termination.

Accuracy and quality of work, rather than quantity, are the key performance measures.

Low performance damages apply if average deviation in diameter and/or stems per hectare exceeds allowable percentages; the compartment must be redone at the contractor's cost.

If only tree height deviation exceeds allowable percentages, no fine is given, but heights must be remeasured.

If more than two compartments exceed the maximum allowable deviation, a written warning is issued.

If plots are not marked in the field or no GPS points are received, a 20% reduction in tendered price per plot applies.

B-BBEE requirements apply as per tender requirements.

Local labour must be sourced from surrounding communities where possible.

Scope: Provision of enumeration services at KLF plantations covering 120,000 hectares, from north and east of Louis Trichardt (Entabeni plantation) to south of Vryheid (Ngome plantation).

Types of enumerations:

• Early enumeration: in un-thinned pine compartments after first pruning lift; updates growth parameters and allocates silvicultural prescriptions.
• Thinning control: after thinning marked; evaluates marking quality, recalibrates growth models, estimates product volumes; valid for three years, applies to compartments larger than 3.0 ha.
• Working plan enumeration: at fixed five-year intervals after last thinning; updates growth parameters to predict standing volume.
• Pre-clearfell enumeration: within two years of clear-felling; updates growth parameters and predicts product volumes; valid for two years.

Measurement procedures:

• Plot centre: place transponder pole vertically, capture GPS point, mark with painted stick at least 30 cm tall, number nearest unmarked tree.
• Plot boundary: use Vertex to determine trees within radius; for border trees take at least two readings from opposite sides.
• DBH: use electronic callipers, measure at 1.3 m above ground, exclude dead/broken trees, measure all planted trees; natural regeneration: pine DBH ≥ 10 cm, eucalyptus DBH ≥ 8 cm.
• Height: use Vertex hypsometer, heights accurate to 10 cm, at least 40 height measurements per compartment with one per plot minimum.

Client-provided items: A3 map with plantation locations or GPS coordinates; GIS shape files and grid layer for plot layout; list of working plan enumerations at start of financial year.

All information collected during the contract must be retained by the client at the end.

Work is issued via call-off instructions specifying scope, location, quantities, and completion dates.

Plot Centre procedures: Place the transponder pole vertically at the plot center, capture the center point with GPS and assign a plot number, mark each plot center with a painted stick at least 30 cm tall, and number the nearest unmarked tree with the plot number facing the cruising line. Plot Boundary procedures: Use the Vertex to determine which trees fall within the plot radius, measure all trees within the radius, take at least two Vertex readings from opposite sides for border trees, hold the Vertex at mid-diameter height aligned with DBH measurement height. DBH Measuring procedures: Use electronic callipers, ensure all three sides of the calliper arms touch the stem, measure DBH at 1.3 m above ground, exclude dead or broken trees, measure all planted trees regardless of DBH (Pine: DBH ≥ 10 cm, Eucalyptus: DBH ≥ 8 cm for natural regeneration). Height Measuring procedures: Use a Vertex hypsometer aimed at the tree tip, record DBH and height on the electronic calliper or field form, heights must be in meters accurate to 10 cm, take at least 40 height measurements per compartment with one per plot minimum, mark trees measured for height with a painted dot facing the plot centre. Management of the service: The Contractor and Service Manager use early warning processes to review progress, allow the Contractor to demonstrate progress from the current Accepted Plan, act as a combined management team, and cultivate co-operation and mutual trust. Early warning meetings may be convened at either Party's premises on an alternating basis. Communication system: All communications shall be in writing and communicated by electronic mail. Communications relating to Early Warnings, Compensation Events, instructions, submissions, payment applications, reports, incidents, and contractual notices shall be submitted electronically. Management procedures: The Contractor shall establish and maintain management procedures, ensure suitably qualified supervisory personnel are always available, attend all meetings called by the Service Manager, and prepare and submit meeting agendas and minutes where requested. Work call-off arrangements: Work instructions will be issued as and when required indicating scope, location, and required completion dates. The Employer issues a formal Call-Off Instruction specifying scope, location, quantities, and required completion period. The Contractor acknowledges the instruction, mobilises resources, and executes the work in accordance with contract requirements.

Name (2)

Job

Responsibilities

11.2(8) The following matters will be included in the Early Warning Register:

• Early enumeration
• Thinning control
• Working plan enumeration
• Pre-clearfell enumeration

2 The Contractor’s main responsibilities

If the Contractor is to provide Scope for its plan

11.2(16) and 21.1 The Scope provided by the Contractor for its plan is in Part C3 Scope of Work

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Appointment of a service provider to render enumeration services for a period of three (3) years

3 Payment

11.2(21) The price list is in Part C2 Pricing Data

The tendered total of the Prices excluding VAT is

Resolving and avoiding disputes

W1.1(1) The Senior Representatives of the Contractor are

Name

Address for communications

Address for electronic

communications

Name (2)

Address for communications

Address for electronic

communications

Data for Short Schedule of Cost Components (only used with Option A)

11.2(28) and SSCC 11 The people rates are

category of person unit rate

NEC4 Term Service Contract (TSC4) of 22

Appointment of a service provider to render enumeration services for a period of three (3) years

Part C2 Pricing Data

C2.1 Pricing assumptions Option A Priced contract with Price List

How work is priced and assessed for payment

Clause 11 in NEC4 Term Service Contract, (TSC4) Option A states:

Identified and 11

defined terms 11.2 (22) Defined Cost is the cost of the components in the Short Schedule of Cost

Components.

(25) The Price for Service Provided to Date is the total of

• the Price for each lump sum item in the Price List which the Contractor has

completed and

• where a quantity is stated for an item in the Price List, an amount calculated by

multiplying the quantity which the Contractor has completed by the rate.

Completed work is work without notified Defects the correction of which will delay

the work of the Contractor, the Client or Others.

(27) The People Rates are the people rates unless later changed in accordance with

the contract.

(28) The Prices are the amounts stated in the Price column of the Price List. Where

a quantity is stated for an item in the Price List, the Price is calculated by

multiplying the quantity by the rate.

This confirms that Option A is a priced contract where the Prices are derived from a list of items of service which can be

priced as lump sums or as expected quantities of service multiplied by a rate or a mix of both.

Function of the Price List

Clause 55.1 in Option A states: “Information in the Price List is not Scope”. This confirms that instructions to do work

or how it is to be done are not included in the Price List but in the Scope. This is further confirmed by Clause 20.1 which

states, “The Contractor Provides the Service in accordance with the Scope”. Hence the Contractor does not Provide the

Service in accordance with the Price List. The Price List is only a pricing document.

Link to the Contractor’s plan

Clause 31.4 states “The Contractor provides information which shows how each item description on the Price List

relates to the operations on the plan and each Task Order programme submited for acceptance”. Hence when

compiling the price list, the tendering contractor needs to develop his first clause 31.2 plan in such a way that

operations shown on it can be priced in the price list and result in a satisfactory cash flow in terms of clause 11.2(25).

Preparing the price list

Before preparing the price list, both the Client and tendering contractors should read the TSC4 Preparing a Term

Service Contract User Guide pages 73 and 74. In an Option A contract, either Party may have entered items into the

price list either as a process of offer and acceptance (tendering) or by negotiation depending on the nature of the

service to be provided. Alternatively the Client, in his Instructions to Tenderers or in a Tender Schedule, may have

listed some items that it requires the Contractor to include in the price list to be prepared and priced by it.

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Appointment of a service provider to render enumeration services for a period of three (3) years

It is assumed that in preparing or finalising the price list the Contractor:

• Has taken account of the guidance given in the TSC4 Preparing a Term Service Contract User Guide relevant

to Option A;

• Understands the function of the Price List and how work is priced and paid for;
• Is aware of the need to link operations shown in his plan to items shown in the Price List;
• Has listed and priced items in the price list which are inclusive of everything necessary and incidental to

Providing the Service in accordance with the Scope, as it was at the time of tender, as well as correct any

Defects not caused by a Client’s risk;

• Has priced work it decides not to show as a separate item within the Prices or rates of other listed items in

order to fulfil the obligation to complete the service for the tendered total of the Prices.

• Understands there is no adjustment to items priced as lump sums if the amount, or quantity, of work within

that item later turns out to be different to that which the Contractor estimated at time of tender. The only

basis for a change to the (lump sum) Prices is because of a compensation event.

Format of the price list

(From the example given in Chapter 5 of the TSC4 Preparing a Term Service Contract User Guide)

Entries in the first four columns in the price list in section C2.2 are made either by the Client or the tendering

contractor.

If the Contractor is to be paid an amount for the item which is not adjusted if the quantity of work in the item

changes, the tendering contractor enters the amount in the Price column only, the Unit, Expected Quantity and

Rate columns being left blank.

If the Contractor is to be paid an amount for an item of work which is the rate for the work multiplied by the

quantity completed, the tendering contractor enters the rate which is then multiplied by the Expected Quantity to

produce the Price, which is also entered.

If the Contractor is to be paid a Price for an item proportional to the length of time for which a service is provided,

a unit of time is stated in the Unit column and the expected length of time (as a quantity of the stated units of

time) is stated in the Expected Quantity column.

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Appointment of a service provider to render enumeration services for a period of three (3) years

C2.2: The price list Option A

Item nr Description Unit Expected Rate Price

Quantity

The total of the Prices

NEC4 Term Service Contract (TSC4) of 22

Appointment of a service provider to render enumeration services for a period of three (3) years

Part C3 Scope of Work

C3.1: The Client’s scope

S 100 Description of the service

S 105 Client’s objectives Komatiland Forests (KLF) enumeration requirements cover an area of 120,000 hectares

(ha), from north and east of Louis Trichardt (Entabeni plantation) to south of Vryheid

(Ngome plantation).

Forest enumeration is a highly specialised activity conducted to obtain essential current

parameters within each compartment, including diameter at breast height (DBH), stems

per hectare, and tree height. It is therefore critical that enumeration teams deliver

consistently accurate results. Accuracy and quality of work, rather than the quantity of

work completed, will remain the key performance measures.

S 110 Description of the The following types of enumerations will be conducted:

service (general only)

• Early enumeration – Conducted in un-thinned pine compartments after the first pruning

lift. Purpose: update growth parameters (e.g., site index SI20) and allocate appropriate

silvicultural prescriptions (regimes) for the compartment.

• Thinning Control – Conducted after thinning has been marked. Its purpose is to evaluate

marking quality to ensure the largest trees are retained, recalibrate growth models for

accurate volume projections, and estimate product volumes at thinning. The assessment

remains valid for three years and applies only to compartments larger than 3.0 ha, which

must still be marked.

• Working Plan Enumeration – Conducted at fixed five-year intervals after the last thinning

operation. Purpose: update growth parameters to predict standing volume and project

future volumes accurately.

• Pre-Clearfell Enumeration – Conducted within two years of clear-felling. Purpose: update

growth parameters and predict product volumes for comparison with actual harvested

volumes. Valid for two years.

Plot Centre

The GPS gridlines guide navigation to plot centres. The transponder pole marks the centre.

Follow these procedures:

• Place the transponder pole vertically at the plot center.
• Capture the center point with GPS and assign a plot number.
• Mark each plot center with a painted stick at least 30 cm tall after removing the

transponder pole.

• Number the nearest unmarked tree with the plot number, facing the cruising line. Failure

to mark plots will result in re-enumeration at the contractor’s expense.

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Appointment of a service provider to render enumeration services for a period of three (3) years

Plot Boundary

Use the Vertex to determine which trees fall within the plot radius (distance from the

Vertex to the

transponder).

• Measure all trees within the radius.
• For border trees, take at least two Vertex readings from opposite sides to confirm

inclusion.

• Hold the Vertex at mid-diameter height, aligned with DBH measurement height, and face

the transponder during readings.

DBH Measuring

Apply the following procedures:

• Use electronic callipers.
• Ensure all three sides of the calliper arms touch the stem and remain stationary before
• Capturing DBH; keep the calliper horizontal.
• Measure DBH at 1.3 m above ground.
• On slopes, measure from the side facing the transponder.
• Exclude dead or broken trees without crowns or live branches.
• For oval stems, measure the smallest DBH.
• Measure all planted trees regardless of DBH. For natural regeneration:

o Pine: DBH ≥ 10 cm

o Eucalyptus: DBH ≥ 8 cm

Height Measuring

Follow these guidelines:

• Use a Vertex hypsometer; aim at the tree tip with the red crosshair.
• Measure DBH for every tree where height is recorded.
• Record DBH and height on the electronic calliper or field form.
• Heights must be in meters, accurate to 10 cm.
• Take at least 40 height measurements per compartment, with one per plot minimum.
• Mark trees measured for height with a painted dot facing the plot centre.
• Select trees across the DBH range for height measurement.
• Do not measure trees that are broken, forked, leaning, abnormal, dead, or dying.
• On slopes, measure from the same contour level as the tree base.
• Maintain a distance of at least one tree length for accuracy.
• During windy conditions, wait for trees to stabilize before measuring.

S 200 Constraints on how the Contractor Provides the Service

S 205 General The Contractor shall provide and perform all services necessary for the proper execution and

constraints completion of the works, including planning, supervision, administration, mobilisation,

coordination, safety management, quality control, environmental compliance, and site

housekeeping. Unless specifically stated otherwise, the costs associated with these services

shall be deemed to be included in the contract rates and prices, and no separate payment

shall be made. The Contractor remains responsible for ensuring that all services are delivered

in accordance with the contract requirements.

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Appointment of a service provider to render enumeration services for a period of three (3) years

S 210 Confidentiality Resources must maintain highest level of confidentiality with regards to information they

will access.

S 215 Security and The Supplier shall ensure that all personnel accessing SAFCOL’s premises comply with

protection of the SAFCOL’s security and identification protocols.

Service Areas

S 220 Security & The Supplier shall ensure that all personnel accessing SAFCOL’s premises comply with

identification of people SAFCOL’s security and identification protocols.

This includes:

• Always carrying valid identification while on site;
• Undergoing site induction where required;
• Adhering to access control procedures, including signing in/out;

SAFCOL reserves the right to deny entry or remove any individual who does not comply with

these requirements.

S 225 Protection of The Contractor shall take all necessary measures to protect existing property, infrastructure,

Affected Property services, equipment, and the surrounding environment that may be affected by the execution

of the works. Any damage caused by the Contractor's operations shall be promptly repaired

or reinstated at the Contractor's cost to the satisfaction of the Employer. Appropriate

precautions, barriers, warning signs, and safe working practices shall be implemented to

prevent damage, disruption, or injury throughout the duration of the contract.

S 245 Industrial The Supplier is responsible for managing all industrial relations matters related to its

relations employees engaged in the execution of this contract.

The Supplier shall:

• Ensure compliance with all applicable labour laws and regulations, including the Labour

Relations Act, Basic Conditions of Employment Act, and relevant bargaining council

agreements (if applicable);

• Maintain a professional and disciplined workforce and ensure that its personnel conduct

themselves appropriately when accessing Client premises;

• Ensure that no unlawful industrial action, work stoppage, or protest interferes with the

execution of the contract;

• Promptly notify the Client of any potential or actual labour disputes that may affect the

delivery of services or performance under the contract;

• Take proactive measures to resolve disputes and maintain labour peace to avoid

disruption to services.

The Client may refuse entry to or request the removal of any personnel who, in their

reasonable opinion, pose a safety risk, breach site rules, or fail to comply with labour and

behavioural expectations

S 250 Control of works The Contractor shall plan, manage, supervise, and coordinate all aspects of the works to

ensure that activities are carried out safely, efficiently, and in accordance with the contract

requirements. Adequate resources, competent personnel, and effective communication shall

be maintained throughout the execution of the works. The Contractor shall monitor progress,

implement corrective actions where necessary, and ensure compliance with all quality,

environmental, and health and safety requirements. The Employer or Employer's

Representative may monitor the works to verify compliance with the contract.

S 255 Cleanliness The supplier shall ensure that the vehicles and personnel always maintain highest level of

hygiene.

S 260 Waste materials The Contractor shall manage, handle, store, transport, and dispose of all waste materials

generated during the execution of the works in accordance with applicable environmental

legislation, site requirements, and good industry practices. Waste shall be removed regularly

to maintain a safe and orderly worksite. Hazardous and non-hazardous waste shall be

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Appointment of a service provider to render enumeration services for a period of three (3) years

segregated and disposed of at approved facilities. The Contractor shall be responsible for

preventing pollution and shall leave the site clean and free of waste upon completion of the

works.

S 270 BBB-EE As per tender requirements

Qualifications

Experience

Name (2)

Qualifications

Experience

11.2(8) The following matters will be included in the Early Warning Register:

• Early enumeration
• Thinning control
• Working plan enumeration
• Pre-clearfell enumeration

2 The Contractor’s main responsibilities

40.2 The period after the Contract Date within which the Contractor is to

submit a quality policy statement and quality plan is

Not applicable

5 Payment

51.1 The currency of the contract is the South African Rand

If the period in which payments are made is not three weeks

NEC4 Term Service Contract (TSC4) of 22

Appointment of a service provider to render enumeration services for a period of three (3) years

51.2 The period within which payments are made is 30 days from date of invoice

6 Compensation events

Compensation events are as defined in Clause 60 of the NEC4 Term Service Contract and shall be managed, assessed,

and implemented in accordance with Clauses 61 to 66.

7 Title

There is no reference to Contract Data in this section of the core clauses and terms in italics

used in this section are identified elsewhere in this Contract Data.

8 Liabilities and insurance

If there are additional Client’s liabilities

80.1 These are additional Client's liabilities

• Changes in site coverage requirements (e.g. new plantations)
• Instruction changes due to operational restructuring

83.3 Insurance Table The minimum amount of cover for insurance against loss of or damage to property (except

row 3 Plant, Materials and Equipment) and liability for bodily injury to or death of a person (not

an employee of the Contractor) arising from or in connection with the Contractor Providing

the Service for any one event is:

whatever the Contractor deems necessary in addition to that provided by the Client.

83.3 Insurance Table The minimum amount of cover for insurance against death of or bodily injury to employees

row 4 of the Contractor arising out of and in the course of their employment in connection with

the contract for any one event is:

as prescribed by the Compensation for Occupational Injuries and Diseases Act No. and the Contractor’s common law liability for people falling outside the scope of the

Act with a limit of cover of not less than ________ ( Rands).

31.2 The starting date is

30.1 The service period is: 36 months

4 Quality management

40.2 The period after the Contract Date within which the Contractor is to

submit a quality policy statement and quality plan is

timely, and successful completion of the works in accordance with the contract requirements.

S 1000 Services and other things to be provided

S 1005 Services and The Contractor shall provide all services, facilities, equipment, information, documentation,

other things provided access, and reasonable assistance required by the Client, Service Manager, or other

by the Contractor for authorised parties to facilitate the execution, supervision, inspection, testing, monitoring, and

the use by the Client, administration of the works. Such provisions shall be made available as required by the

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

Part C2 Pricing Data

Part C3 Scope of Work

Part C4 Affected Property

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

11.2(21) The price list is in Part C2 Pricing Data

communications

Data for Short Schedule of Cost Components (only used with Option A)

11.2(28) and SSCC 11 The people rates are

category of person unit rate

NEC4 Term Service Contract (TSC4) of 22

Appointment of a service provider to render enumeration services for a period of three (3) years

Part C2 Pricing Data

C2.1 Pricing assumptions Option A Priced contract with Price List

the work of the Contractor, the Client or Others.

(27) The People Rates are the people rates unless later changed in accordance with

the contract.

(28) The Prices are the amounts stated in the Price column of the Price List. Where

a quantity is stated for an item in the Price List, the Price is calculated by

multiplying the quantity by the rate.

Defects not caused by a Client’s risk;

• Has priced work it decides not to show as a separate item within the Prices or rates of other listed items in

order to fulfil the obligation to complete the service for the tendered total of the Prices.

• Understands there is no adjustment to items priced as lump sums if the amount, or quantity, of work within

that item later turns out to be different to that which the Contractor estimated at time of tender. The only

basis for a change to the (lump sum) Prices is because of a compensation event.

facilities shall be deemed to be included in the contract rates and prices.

Tsc 23.2

S 1010 Services and An A3 Map with the locations of KLF plantations or GPS coordinates will be provided that

other things to be will assist with the cost calculation for bidders.

provided by the Client.

Pricing under Option A (Priced contract with Price List):

• Prices are derived from a price list with items priced as lump sums or expected quantities multiplied by rates.
• Price list format includes columns: Item nr, Description, Unit, Expected Quantity, Rate, Price.
• Lump sum items are not adjusted if quantities change; only compensation events can change them.
• The price list is a pricing document only; it does not define scope.

Payment terms:

• Currency: South African Rand.
• Payment period: 30 days from date of invoice.
• Tax invoices must include: contractor name and address, purchase order or contract number, tax invoice number, contractor's VAT registration number (if applicable), client's VAT registration number (4830136596), and invoiced amounts excluding and including VAT.

Insurance:

• Contractor must maintain insurance for property damage and bodily injury as deemed necessary, plus cover for employee injuries as prescribed by the Compensation for Occupational Injuries and Diseases Act.

Liability:

• Contractor's liability for indirect or consequential loss is limited to a stated Rand amount.
• Liability for loss or damage to client's property per event is limited to a stated Rand amount.

B-BBEE: As per tender requirements.

Local labour: Must source local labour from surrounding communities where possible.

Statutory compliance: Must comply with all applicable legislation including Occupational Health and Safety Act 1993, Compensation for Occupational Injuries and Diseases Act, Basic Conditions of Employment Act, Labour Relations Act, National Minimum Wage Act, Protection of Personal Information Act, environmental and forestry legislation, and municipal by-laws.

Security: All personnel must comply with SAFCOL security and identification protocols, including carrying valid ID, site induction, and access control.

Confidentiality: Highest level of confidentiality required for information accessed.

Subcontracting: Only with prior written approval; contractor remains fully responsible.

Ethics: Any corrupt practice is grounds for termination.

Cession: No cession, delegation, or assignment without written consent.

BBB-EE requirements are as per tender requirements. The tender must as far as possible, source local labour from surrounding communities.

signature of Date

witness

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

NEC4 Term Service Contract (TSC4) of 22

Appointment of a service provider to render enumeration services for a period of three (3) years

C1.2 TSC4 Contract Data

NEC4 Term Service Contract (TSC4) of 22

Appointment of a service provider to render enumeration services for a period of three (3) years

W1.4(1), W2.4(1) and The tribunal is Arbitration

W3.3(1)

W1.4(5), W2.4(4) and The arbitration procedure is the latest edition of Rules for the Conduct of Arbitrations

W3.3(4) published by The Association of Arbitrators (Southern

Africa) or its successor body.

Tsc 23.1

Property: TSC 60.1(6)

• SAFCOL employees and representatives.
• Contractors and subcontractors appointed directly by the Client.
• Forestry operations personnel.
• Fire management and firefighting teams.
• Maintenance contractors.
• Visitors authorised by the Client.
• Government officials and regulatory authorities.
• Emergency services personnel.

Tsc 71.2

Tsc 92.1

S 1025 Statutory The Supplier shall comply with all applicable statutory and regulatory requirements in

requirements performing the contract, including but not limited to legislation, regulations, by-laws, and

mandatory industry standards in force from time to time.

S 1100 Health and safety

addition to the requirements of law

Refer to section 3.2 for guidance on the inclusion of health and safety information in the Scope.

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Appointment of a service provider to render enumeration services for a period of three (3) years

S 1105 Health and (i) All personnel performing work on site/s as part of this contract are required to obtain

safety requirements safety induction.

(ii) Over and above the obligations provided by the Occupational Health and Safety Act

Tsc 25.4

(OHS Act No and its Regulations, known as ‘the Act’), the Contractor must meet

with all relevant health and safety instructions as given to them by site safety personnel,

where relevant. Personal protection equipment including closed safety shoes, hard hats,

height safety equipment, and high visibility vests are worn at all times while on the Site. All

personnel are to obey the relevant instructions, including signage related to restricted

access on sites.

(iii) SAFCOL manages the Contractor in its capacity for the execution of this contract to

meet the provisions of the said Act and the regulations promulgated in terms thereof. The

Contractor’s team, submit a signed indemnity form prior to entering the Site and keep it in

the Contractor’s health and safety file where relevant.

S 1115 Statutory The Contractor shall comply with all applicable legislation, regulations, by-laws, codes of

requirements practice, permits, licences and statutory requirements applicable to the provision of

enumeration services in the Republic of South Africa, including but not limited to:

• The Occupational Health and Safety Act, 1993.
• The Compensation for Occupational Injuries and Diseases Act.
• The Basic Conditions of Employment Act.
• The Labour Relations Act.
• The National Minimum Wage Act.
• Applicable bargaining council agreements and sectoral determinations.
• The Protection of Personal Information Act.
• Environmental and forestry legislation applicable to SAFCOL sites.
• All municipal by-laws and statutory requirements applicable to the service.

S 1200 Subcontracting

S 1205 Restrictions or The Contractor may subcontract portions of the work only with the prior approval of the

requirements for Employer or Employer's Representative, where required by the contract. The Contractor

subcontracting remains fully responsible and accountable for the performance, quality, safety, and

compliance of all subcontracted work. Subcontracting shall not relieve the Contractor of any

contractual obligations, and all subcontractors must comply with the conditions,

specifications, and requirements of the contract.

S 1210 Acceptance The Contractor submits the proposed subcontractor's details for review and approval. The

procedures Employer or Employer's Representative evaluates the subcontractor's qualifications,

experience, capacity, and compliance with contractual, legal, and safety requirements. Upon

TSC4 C, E 11.2(24) successful assessment, formal written approval is issued

S 1300 Work call off arrangements.

S 1305 Works and Work instructions will be issued as and when required, indicating the scope, location, and

services subject to call required completion dates. Resources shall be mobilised upon receipt of a valid call-off

off instruction, and all work shall be carried out in accordance with the agreed contract terms,

specifications, and safety requirements.

S 1310 Call off The Employer issues a formal Call-Off Instruction specifying the scope, location, quantities,

procedure. and required completion period. Upon receipt, the Contractor acknowledges the instruction,

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mobilises the necessary resources, and executes the work in accordance with the contract

requirements. Progress is monitored throughout execution, and upon completion, the work

is inspected, certified, and processed for payment. The call-off is formally closed once all

required documentation has been submitted and accepted.

S 2000 Low performance damages (Option X17)

S 2005 Service level If the average deviation concerning diameter and/or stems per ha, of a compartment exceeds the

requirements above-mentioned percentages, then the team will redo the compartment at their cost.

S 255 Cleanliness The supplier shall ensure that the vehicles and personnel always maintain highest level of

hygiene.

S 260 Waste materials The Contractor shall manage, handle, store, transport, and dispose of all waste materials

generated during the execution of the works in accordance with applicable environmental

legislation, site requirements, and good industry practices. Waste shall be removed regularly

to maintain a safe and orderly worksite. Hazardous and non-hazardous waste shall be

NEC4 Term Service Contract (TSC4) of 22

Appointment of a service provider to render enumeration services for a period of three (3) years

segregated and disposed of at approved facilities. The Contractor shall be responsible for

preventing pollution and shall leave the site clean and free of waste upon completion of the

works.

S 270 BBB-EE As per tender requirements

requirements

S275 Use of local labour The tender must as far as possible, source local labour from surrounding communities.

S 800 Management of the service

S 805 Contract team – The Contractor and the Service Manager use the requirements of the early warning

Others processes described in core clause 15, to in addition manage the progress of the service

inclusive of

• reviewing the progress of the Contractor in achieving the objectives of the contract,
• allowing the Contractor to demonstrate from the current Accepted Plan its progress and

planned activities for the coming 4 weeks,

• acting as a combined management team by discussing reviewing and making decisions

required in terms of the contract, and in doing so

• cultivate a spirit of co-operation and mutual trust for the benefit of both Parties and all

who attend and

• attending to any other issues considered relevant by either Party and the Service

There is no reference to Contract Data in this section of the core clauses

Resolving and avoiding disputes

NEC4 Term Service Contract (TSC4) of 22

Appointment of a service provider to render enumeration services for a period of three (3) years

W1.4(1), W2.4(1) and The tribunal is Arbitration

W3.3(1)

W1.4(5), W2.4(4) and The arbitration procedure is the latest edition of Rules for the Conduct of Arbitrations

W3.3(4) published by The Association of Arbitrators (Southern

Africa) or its successor body.

The place where arbitration is Anywhere in Gauteng, South Africa

to be held is

The person or organisation who will choose an arbitrator if the Parties cannot agree a

choice or if the arbitration procedure does not state who selects an arbitrator, is

The Chairman for time being or his nominee of the Association of Arbitrators (Southern

Africa) or its successor body.

W1.1(1) The Senior Representatives of the Client are

Name (1)

Address for communications

Address for electronic

communications

Name (2)

Address for communications

Address for electronic

communications

W1.2 The Adjudicator is (Name) the person selected from the ICE-SA Division (or

[It is always preferable to name the Adjudicator its successor body) of the South African

at time of award. If this can be done delete this Institution of Civil Engineering Panel of

data and insert the name and contact details

below.] Adjudicators by the Party intending to refer a

dispute to him. (see www.ice-sa.org.za

Address for communications ___

Address for electronic

communications

The Adjudicator nominating body is: the Chairman of ICE-SA a joint Division of the

South African Institution of Civil Engineering

and the London Institution of Civil Engineers.

(See www.ice-sa.org.za ) or its successor body.

X17: Low performance damages

X17.1 The service level table is

NEC4 Term Service Contract (TSC4) of 22

Appointment of a service provider to render enumeration services for a period of three (3) years

If the average deviation concerning diameter and/or stems per ha, of a compartment exceeds the above-

mentioned percentages, then the team will redo the compartment at their cost.

If only the deviation in tree height exceeds the above-mentioned percentages, then no fine will be given.

Only the heights must be remeasured.

The Forest Planner unauthorized the enumeration with the wrong tree heights until the tree heights were

replaced by the re-measured tree heights. Process and authorize the enumeration again with the correct

tree heights.

If more than two compartments exceed the maximum allowable deviation, then a written warning will be

given to the enumeration contractor.

If the plots are not marked in the field and/or no GPS points are received, then a 20% reduction in

tendered price per plot will be applied for these plots.

X18: Limitation of liability

X18.2 The Contractor’s liability to the Client for indirect or

consequential loss is limited to:

R

X18.3 For any one event, the Contractor’s liability to the Client for

loss of or damage to the Client’s property is limited to:

R

X18.4 The Contractor’s liability for Defects due to its design of an

item of Equipment is limited to Not Applicable

X19: Termination by either Party

X18.6 The minimum period of service is 36 months after the starting date.

The notice period is 60 days prior to expiry of contract

X23: Extending the Service Period

The maximum service period is 12 months after the starting date.

The periods for extension are

Order period for extension (months) notice date

First

Second

Third

Fourth

The criteria for extension are

NEC4 Term Service Contract (TSC4) of 22

Appointment of a service provider to render enumeration services for a period of three (3) years

(1) In progress of placing a new contract

Z: Additional conditions of contract

The additional conditions of contract are

1 Mandatory probation period

Z1.1 Service providers will be placed on a mandatory three (3) month probation period

commencing upon award of the contract. The NEC4 Term Service Contract (TSC) agreement will

be signed; however, should any of the required conditions not be fully met or implemented, the

applicable termination clause will be enforced.

2 Cession delegation and assignment

Z2.1 The Supplier does not cede, delegate or assign any of its rights or obligations to any

person without the written consent of the Purchaser.

Z2.2 Notwithstanding the above, the Purchaser may on written notice to the Supplier cede and

delegate its rights and obligations under this contract to any of its subsidiaries.

3 Ethics

Z3.1 Any offer, payment, consideration, or benefit of any kind made by the Supplier, which

constitutes or could be construed either directly or indirectly as an illegal or corrupt practice, as

an inducement or reward for the award or in execution of this contract constitutes grounds for

terminating the Supplier’s obligation to Provide the Goods and Services or taking any other

action as appropriate against the Supplier (including civil or criminal action).

Z3.2 The Purchaser may terminate the Supplier’s obligation to Provide the Goods and Services if

the Supplier (or any member of the Supplier where the Supplier constitutes a joint venture,

consortium or other unincorporated grouping of two or more persons or organisations) is found

guilty by a competent court, administrative or regulatory body of participating in illegal or

corrupt practices.

Such practices include making of offers, payments, considerations, or benefits of any kind or

otherwise, whether in connection with any procurement process or contract with the Purchaser

or other people or organisations and including in circumstances where the Supplier or any such

member is removed from an approved vendor data base of the Purchaser as a consequence of

such practice.

NEC4 Term Service Contract (TSC4) of 22

Appointment of a service provider to render enumeration services for a period of three (3) years

Part 2 – Data provided by the Contractor

1 General

10.1 The Contractor is

Name

Address for communications

Address for electronic communications

11.2(20) &16.3 The service areas are All Plantations

24.1 The key persons are

Name (1)

Job

Responsibilities

Deviations (if any), contact the Client’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.

11.1 The conditions of contract are the core clauses and the clauses for the following main

Option, the Option for resolving and avoiding disputes and secondary Options of the NEC4

Term Service Contract, June 2017 (with amendments January 2019).

Main Option A – Priced contract with price list

Option for resolving and avoiding disputes W1

Secondary Options X2 – Changes in Law

X17 – Low service damages

X18 – Limitation of liability

X19 – Termination by either party

X23 – Extending the service period

Z – Additional conditions of contract

11.2(15) The service is Provision enumeration services at KLF plantations

10.1 The Client is

Name Komatiland Forest SOC Limited (KLF)

If there are additional Client’s liabilities

80.1 These are additional Client's liabilities

• Changes in site coverage requirements (e.g. new plantations)
• Instruction changes due to operational restructuring

83.3 Insurance Table The minimum amount of cover for insurance against loss of or damage to property (except

row 3 Plant, Materials and Equipment) and liability for bodily injury to or death of a person (not

an employee of the Contractor) arising from or in connection with the Contractor Providing

the Service for any one event is:

whatever the Contractor deems necessary in addition to that provided by the Client.

83.3 Insurance Table The minimum amount of cover for insurance against death of or bodily injury to employees

row 4 of the Contractor arising out of and in the course of their employment in connection with

the contract for any one event is:

as prescribed by the Compensation for Occupational Injuries and Diseases Act No. and the Contractor’s common law liability for people falling outside the scope of the

Act with a limit of cover of not less than ________ ( Rands).

9 Termination

communications

W1.2 The Adjudicator is (Name) the person selected from the ICE-SA Division (or

[It is always preferable to name the Adjudicator its successor body) of the South African

at time of award. If this can be done delete this Institution of Civil Engineering Panel of

data and insert the name and contact details

below.] Adjudicators by the Party intending to refer a

dispute to him. (see www.ice-sa.org.za

Address for communications ___

given to the enumeration contractor.

If the plots are not marked in the field and/or no GPS points are received, then a 20% reduction in

tendered price per plot will be applied for these plots.

X18: Limitation of liability

X18.2 The Contractor’s liability to the Client for indirect or

consequential loss is limited to:

R

X18.3 For any one event, the Contractor’s liability to the Client for

loss of or damage to the Client’s property is limited to:

R

X18.4 The Contractor’s liability for Defects due to its design of an

item of Equipment is limited to Not Applicable

X19: Termination by either Party

X18.6 The minimum period of service is 36 months after the starting date.

The notice period is 60 days prior to expiry of contract

X23: Extending the Service Period

The maximum service period is 12 months after the starting date.

Z1.1 Service providers will be placed on a mandatory three (3) month probation period

commencing upon award of the contract. The NEC4 Term Service Contract (TSC) agreement will

be signed; however, should any of the required conditions not be fully met or implemented, the

applicable termination clause will be enforced.

• Use a Vertex hypsometer; aim at the tree tip with the red crosshair.
• Measure DBH for every tree where height is recorded.
• Record DBH and height on the electronic calliper or field form.
• Heights must be in meters, accurate to 10 cm.
• Take at least 40 height measurements per compartment, with one per plot minimum.
• Mark trees measured for height with a painted dot facing the plot centre.
• Select trees across the DBH range for height measurement.
• Do not measure trees that are broken, forked, leaning, abnormal, dead, or dying.
• On slopes, measure from the same contour level as the tree base.
• Maintain a distance of at least one tree length for accuracy.
• During windy conditions, wait for trees to stabilize before measuring.

S 200 Constraints on how the Contractor Provides the Service

S 205 General The Contractor shall provide and perform all services necessary for the proper execution and

constraints completion of the works, including planning, supervision, administration, mobilisation,

coordination, safety management, quality control, environmental compliance, and site

housekeeping. Unless specifically stated otherwise, the costs associated with these services

shall be deemed to be included in the contract rates and prices, and no separate payment

shall be made. The Contractor remains responsible for ensuring that all services are delivered

in accordance with the contract requirements.

NEC4 Term Service Contract (TSC4) of 22

Appointment of a service provider to render enumeration services for a period of three (3) years

S 210 Confidentiality Resources must maintain highest level of confidentiality with regards to information they

will access.

S 215 Security and The Supplier shall ensure that all personnel accessing SAFCOL’s premises comply with

protection of the SAFCOL’s security and identification protocols.

agreements (if applicable);

• Maintain a professional and disciplined workforce and ensure that its personnel conduct

themselves appropriately when accessing Client premises;

• Ensure that no unlawful industrial action, work stoppage, or protest interferes with the

execution of the contract;

• Promptly notify the Client of any potential or actual labour disputes that may affect the

delivery of services or performance under the contract;

• Take proactive measures to resolve disputes and maintain labour peace to avoid

disruption to services.

reasonable opinion, pose a safety risk, breach site rules, or fail to comply with labour and

behavioural expectations

S 250 Control of works The Contractor shall plan, manage, supervise, and coordinate all aspects of the works to

ensure that activities are carried out safely, efficiently, and in accordance with the contract

requirements. Adequate resources, competent personnel, and effective communication shall

be maintained throughout the execution of the works. The Contractor shall monitor progress,

implement corrective actions where necessary, and ensure compliance with all quality,

environmental, and health and safety requirements. The Employer or Employer's

The Contractor shall provide and perform all services necessary for the proper execution and completion of the works, including planning, supervision, administration, mobilisation, coordination, safety management, quality control, environmental compliance, and site housekeeping. Costs associated with these services shall be deemed to be included in the contract rates and prices. Resources must maintain the highest level of confidentiality with regards to information they will access. The Supplier shall ensure that all personnel accessing SAFCOL's premises comply with SAFCOL's security and identification protocols, including always carrying valid identification while on site, undergoing site induction where required, and adhering to access control procedures. SAFCOL reserves the right to deny entry or remove any individual who does not comply. The Contractor shall take all necessary measures to protect existing property, infrastructure, services, equipment, and the surrounding environment. Any damage caused by the Contractor's operations shall be promptly repaired or reinstated at the Contractor's cost. The Supplier is responsible for managing all industrial relations matters related to its employees, ensuring compliance with all applicable labour laws and regulations, maintaining a professional and disciplined workforce, ensuring no unlawful industrial action interferes with execution, and promptly notifying the Client of any potential or actual labour disputes. The Contractor shall plan, manage, supervise, and coordinate all aspects of the works. The supplier shall ensure that vehicles and personnel always maintain the highest level of hygiene. The Contractor shall manage, handle, store, transport, and dispose of all waste materials in accordance with applicable environmental legislation, site requirements, and good industry practices. Hazardous and non-hazardous waste shall be segregated and disposed of at approved facilities. The Contractor shall be responsible for preventing pollution and shall leave the site clean and free of waste upon completion. The Contractor may subcontract portions of the work only with the prior approval of the Employer or Employer's Representative. The Contractor remains fully responsible and accountable for the performance, quality, safety, and compliance of all subcontracted work. The Contractor submits the proposed subcontractor's details for review and approval. Low performance damages: If the average deviation concerning diameter and/or stems per ha of a compartment exceeds the allowable percentages, the team will redo the compartment at their cost. If only the deviation in tree height exceeds the allowable percentages, no fine will be given but heights must be remeasured. If more than two compartments exceed the maximum allowable deviation, a written warning will be given. If plots are not marked in the field and/or no GPS points are received, a 20% reduction in tendered price per plot will be applied. Additional conditions of contract: Service providers will be placed on a mandatory three (3) month probation period commencing upon award of the contract. The Supplier does not cede, delegate or assign any of its rights or obligations to any person without the written consent of the Purchaser. Any offer, payment, consideration, or benefit of any kind made by the Supplier which constitutes or could be construed as an illegal or corrupt practice constitutes grounds for terminating the Supplier's obligation to Provide the Goods and Services.

4 Quality management

submit a quality policy statement and quality plan is