Supply, deliver, install, configure and test a scada panel for the electrical complex at king phalo airport.

The contractor must be a legally registered entity in South Africa. They must provide a compliant, annually updated BBBEE certificate. The contractor must be able to provide the specified unconditional performance bond from an accepted bank. Key personnel CVs must be submitted with the tender. For contracts involving design, Professional Indemnity insurance of R5 million is required. The contractor must agree to the extensive additional Z-clauses covering ethics, confidentiality, intellectual property, and step-in rights.

Supply, deliver, install, configure and test a scada panel for the electrical complex at

King phalo airport. Removal of existing instalation and issuing of disposal certificate.

Contract volume 2

ELS...5024 Cover Page

Confidential

Confidential

Airports company south africa soc limited

Project

2 r 1 r

the Works.

3 All required on-site testing and certification ( R sum R

a) Supply:

• Supply a new Scada panel at King Phalo Airport

• Supply all necessary hardware, software, accessories, wiring and

• Provide manufacturer’s warranty and technical data sheets.

b) Delivery:

• Deliver the new Scada panel and accessories to King Phalo Airport’s Electrical Complex

• Ensure proper packaging and transport to avoid damage.

• Verify all components on delivery against the approved bill of quantities (BOQ)

c) Installation:

• Decommission and disconnect the existing Scada panel safely.

• Remove the existing Scada panel from site.

• Install the new Scada panel, including electrical connections, communication interfaces,

• Ensure compliance with local electrical codes and safety standards.

d) Testing and Commissioning:

• Perform pre-commissioning inspection and verify correct installation.

• Carry out Site acceptance tests (SAT).

• Integration with substation /plant automation system.

• Carry out end-to-end functional testing under live conditions.

• Verification of interlocks and safety logic.

• Carry out final performance verification and system stabilization.

• Training of ACSA relevant employees and handover.

• Submission of commissioning reports and as built documentations,

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ELS...5024 Scope of Work Part C3

and safety inspections and Employer’s safety

officers

The Project Manager shall be entitled to fine the Contractor an amount of R3000.00 for each non-conformance to

Health and Safety matters. This shall not transfer any of the Contractor’s responsibilities in this regard to the

system (with all quality control and assurance procedures and manuals) for review and acceptance by the

Employer. The manual includes pro-forma checklists for all requirements of the Contractor’s quality control and

assurance program and those called for in the Scope.

Acceptance by the Employer of the Contractor’s quality assurance programme, quality plans and/or inspection

and/or test plans, or of those of his Subcontractors will not relieve the Contractor of his obligation to provide

services which meet the requirements of the Contract.

Contents: Page No.

Part C1 Agreements & Contract Data [3]

Part C2 Pricing Data [19]

Part C3 Scope of Works [24]

Part C4 Site Information [39]

ELS...5024 Cover Page

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.

Part c2: pricing data

C2.1. Pricing Assumptions: Option A

measurement. In the event of any ambiguity or inconsistency between the statements in the method of measurement

and this section, the interpretation given in this section shall be used.

• The contractor must plan the work in this contract as a set of activities. These should be the same activities as

he shows on his programme.

• This schedule covers the items that will be measurable. A lump sum price for each activity shall be entered and

no other items will be measured. Costs not covered by the items may be included in the most appropriate items

listed. The Contractor has the liberty to insert items, quantities and rates of his own choosing in the said schedule

as a separate line item.

• The pricing schedule as completed by the Contractor shall be VAT exclusive prices and shall cover, “inter alia”

all general risks, liabilities, obligations, profit, expenses, costs, bonuses, all allowances such as shift and standby

allowances, sick-leave, other leave, brackets, fixings, incidentals, consumables etc. that will be required to

successfully complete this contract as set forth or as implied in the documents on which this Contract is based.

• The contractor is to take note that payment is made for each activity only when it is complete. “Complete” as it is

used in this schedule means the complete system or unit as specified in the particular document.

• Unless a separate rate for the supply and for the installation of any item is specifically called for, the supply and

installation costs of any item shall be fully included in the price.

• The description of each item shall, unless otherwise stated herein, be held to include making, conveying and

delivering, unloading, storing, unpacking, hoisting, setting, fitting and fixing in position, cutting and waste, patterns,

models and templates, plant, temporary works, return of packaging, establishment charges, profit and all other

obligations arising out of the contractual conditions.

• No alterations to the original text shall be allowed. If any alterations are made, it shall be ignored, and the original

wording will apply.

• Variations in the scope and extent of the work shall be allowed to meet the Engineer’s requirements and shall be

measured and priced at the rates entered in the Activity Schedule, where appropriate, and shall form an addition

to or deduction from the total of the Accepted Contract Amount. Any items or variations for which rates have not

been included in the Activity Schedule shall be agreed and priced as non-scheduled items.

• All provisional sums and contingency amounts shall be expended as directed by the Engineer and any balance

remaining shall be deducted from the contract sum.

• All items described as “provisional” shall be measured as executed and paid for according to prices in the Activity

Schedule and any amounts not spent shall be deducted from the contract price. No work for which “provisional”

items are provided shall, be commenced without written instructions from the Project Manager.

• No commitment to expending any portion of the contingency amounts and/or provisional sums are made or implied

by the Employer.

• The Contractor shall not be entitled to any claim in instances where provisional sums are partially or in total

removed from the contract.

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ELS...5024 Pricing Data Part C2

(a) Only project related costs listed below and presented to ACSA will be compensated by ACSA.

(b) Any disbursement costs related to travelling to and from the airport or accommodation for the purpose of the project(s)

is deemed to be inclusive in the agreed fee structure, unless otherwise agreed in writing by both parties. Disbursement

costs not mentioned below (including under note (e)) may be brought to the attention of the ACSA project

representative for approval and agreement on the recoverable amount, prior to incurring such cost.

(c) All rates are exclusive of VAT

(d) Health and Safety Agent will be recovered through Disbursements.

(e) No mark-up on any disbursement cost will be paid.

(f) No payment for disbursement will be made for the following:

• Travelling (except for on-site travelling) and accommodation
• Typing of correspondence, payment certificates, variation orders, progress reports or financial reports
• Telephone calls
• Cellular calls
• Computer costs
• Telefaxes (outgoing or incoming)
• Email (sent or received)

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ELS...5024 Pricing Data Part C2

9.1 R 1

panel

Allowable off (Contractor to price for the old

9.2 Scada panel, if contractor intends to buy off 1

Acsa)

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ELS...5024 Pricing Data Part C2

Sub-Total C (Sub-Total (A+B) R

Contingency (10% of Sub Total C) R

Sub Total D (Tendered Amount Excluding Vat) (Sub-Total (C + Contingency)) R

Vat (15% of Sub-Total D) R

*Total Tendered Amount (Sub-Total (D + Vat)) R

*This amount should be carried over to the form of offer PartC1. The total tendered amount shall be fixed, and it is not

subject to fluctuation as a result of inflation, foreign, exchange rate variation, etc.

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ELS...5024 Pricing Data Part C2

allocated opportunity to provide pricing for the Old Scada panel. The price will be deducted to the total invoiced for the

Bid Bond: Form of Guarantee

Pro forma for performance bond

Performance bond

[To be replicated on bank’s letterhead]

Brief description of contract................................................................................

Name and address of Beneficiary.................................................................

Payment Terms: payment certificates, variation orders, progress reports or financial reports

• Telephone calls
• Cellular calls
• Computer costs
• Telefaxes (outgoing or incoming)
• Email (sent or received)

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ELS...5024 Pricing Data Part C2

Confidential

Confidential

C2.2. The Activity Schedule

Item Description Unit Cost Quantity Total

Section A: Preliminary and

No specific requirements found

B-BBEE Details: appoints an Eng. [email protected]

Arbitrator listed in the Panel of Mr. Sam Amod Gauteng [email protected]

Arbitrators below

Adv. Sias Ryneke SC Gauteng 083 653 2281

[email protected]

Mr. Emeka Ogbugo Pretoria +27 12 349 2027

(Quantity Surveyor) [email protected]

Z17 Notification of a compensation event

Z17.1 Delete “eight weeks” in clause 61.3 and replace with “four weeks”. Delete the words “unless the event arises from

the Project Manager or the Supervisor giving an instruction, issuing a certificate, changing an earlier decision or

correcting an assumption.

Z18 BBBEE Certificate

Z18.1 The Contractor shall be expected to annually present a compliant BEE Certificate. Failure to do adhere to these

requirements shall be considered a material breach of the conditions of this Contract, the sanction for which may

be a cancellation of this Contract.

Z19 Communication

Z19.1 Add a new Core Clause 14.5 and 14.6 to read as follows:

The Project Manager requires the written consent of the Employer if an action will result in a change to the

design, scope, and Works information that is 5% or more

Z19.2 The Project Manager requires the written consent of the Employer if an action will result in the Completion Date

being extended by more than 30 days.

Z20 Delegation

As stipulated by Section 37(2) of the Occupational Health and Safety Act No. as amended the

Contractor agrees to the following:

Z20.1 As part of this contract the Contractor acknowledge that it (mandatory) is an employer in its own right with duties

as prescribed in the Occupational Health and Safety Act No as amended and agree to ensure that all

work being performed, or Equipment, Plant and Materials being used, are in accordance with the provisions of

the said Act, and

estoppel unless the Parties agree otherwise and confirm such agreement in writing.

Z2 Providing the Works:

Z2.1 Delete core clause 20.1 and replace with the following:

design, scope, and Works information that is 5% or more

Z19.2 The Project Manager requires the written consent of the Employer if an action will result in the Completion Date

being extended by more than 30 days.

Z20 Delegation

As stipulated by Section 37(2) of the Occupational Health and Safety Act No. as amended the

Z20.1 As part of this contract the Contractor acknowledge that it (mandatory) is an employer in its own right with duties

as prescribed in the Occupational Health and Safety Act No as amended and agree to ensure that all

work being performed, or Equipment, Plant and Materials being used, are in accordance with the provisions of

the said Act, and in particular with regard to the Construction Regulations

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ELS...5024 Contract Data Part C1.2a

11.2 The working areas are Landside Area

24.1 The Contractor’s Key people are: CV’s to be appended to Tender Schedule

Name:

panel.

6 Erection of safety signage for construction R 1 R

7 r 1 r

safety file for approval to the Employer

equipment and installations relating to this Contract. The Contractor is expected to sign the undertaking in this

regard as attached in the annexes.

It shall be the Contractor’s responsibility to ensure that all relevant labour and safety legislation is adhered to in

rostering staff.

obeyed. A copy of the Safety Rules booklet is available on request from the ACSA Safety Department.

All the applicable requirements of the Occupational Health and Safety Act (1993) and Regulations and any

amendments thereto, shall be met. Where the OHS, Act prescribes certification of competency of persons

performing certain tasks, proof of such certification shall be provided to the Project Manager.

The contractor’s Workmen’s Compensation fees must be up to date. A copy of the Contractor’s WCA registration

shall be produced on request.

The following areas in the company are declared as “HOT WORKS PERMIT” areas:

of a permit to work - obtainable from the ACSA Safety department. Any work done under the protection of a

permit to work shall be in strict compliance with every prescription regarding the permit.

Safety equipment shall be used where applicable (e.g. safety, goggles, boots, harness, etc.) The Contractor, at

his/her own expense shall provide such equipment, for his/her employees. The Contractor shall apply the

necessary discipline and control to ensure compliance by his workers.

co-operate in any drills or exercises, which might be held. Emergency / fire equipment and extinguishers shall

not be obstructed at any time.

must also be taken so as to prevent fire hazards.

The Contractor is required to issue all staff with standard uniforms. This shall as a minimum include: safety shoes,

overalls (clearly marked with Contractor’s company logo) and numbered reflective jackets (as per Airport

requirements). All costs relating to uniforms shall be for the Contractor’s account.

a) Panel Construction:

• Indoor, floor-mounted, free-standing design

• Heavy-duty sheet steel enclosure (minimum 2.0 mm thickness)

• Degree of protection: IP54 or higher

• Powder-coated finish with anti-corrosion treatment.

• Front access for operation and maintenance.

• Clearly labeled equipment, terminals, and wiring.

• Adequate ventilation or forced cooling as required.

b) Control and Automation Equipment

• Industrial-grade PLC or RTU suitable for MV network applications.

• Modular I/O system with minimum 20-30% spare capacity.

• Interposing relays for safe interfacing with MV switch gear.

• Internal wiring neatly routed, ferruled and numbered.

e) Removal and Disposal:

• Remove the old Scada panel from site.

• Handle and transport old Scada panel as per waste regulations.

• Provide a disposal certificate issued by a certified waste management facility.

• Ensure full compliance with environmental and safety laws.

The Contractor shall comply with the environmental criteria and constraints stated in Annexure [B] to this Works

The tenderer shall within two weeks of receiving a completed copy of this agreement, including the Schedule of Deviations (if

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

bonds, guarantees, proof of insurance and any other documentation to be provided in terms of the conditions of contract

identified in the Contract Data. 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 Employer in writing of

any reason why he cannot accept the contents of this agreement, this agreement shall constitute a binding contract between

the Parties.

Signature(s)

Name(s)

Main Option A: Priced contract with Activity Schedule

Dispute resolution Option W1: Dispute resolution procedure

Secondary Options (incorporating X1: Price Adjustment

amendments) X2: Changes in the law

X7: Delay damages

X16: Retention

X17: Low service damages

X18: Limitation of liability

Z: Additional conditions of contract of the NEC3 Engineering and

Construction Contract, April 2013

10.1 The Employer is (Name) Airports Company South Africa SOC Limited,

applicable at KING PHALO AIRPORT

32.2 The Contractor submits revised 4 (four) weeks

programmes at intervals no longer

than

35.1 The Employer is not willing to take The Employer and Others will have access to the works during

over the works before the completion construction or prior to completion. Such access by the Employer and

date Others shall not relieve the Contractor from liability for the completion of

the works in accordance with the Works Information and in terms of this

contract.

84.1 The Employer provides these Refer to the Insurance Clauses which is attached at the end of the

insurances Contract Data

84.2 The Contractor provides the The Insurance Clauses which is attached at the end of the Contract Data.

insurance stated in The insurances are in the joint names of the Parties and provide cover

for events which are at the Contractor’s risk from the starting date until

the Defects Certificate or a termination certificate has been issued.

insurance in respect of death of or Diseases Act No.

bodily injury to employees of the

A Priced contract with Activity Schedule as detailed in Part C2

11 Data for Option W1

W1.1 The Adjudicator is The person appointed jointly by the parties from the list of adjudicators

contained below

W1.2 The Adjudicator nominating body is The current Chairman of Johannesburg Advocate’s Bar Council

W1.4 The tribunal is Arbitration

W1.4 If the tribunal is arbitration, the The arbitration procedure is set out in The Rules for the Conduct of

arbitration procedure is Arbitrations 2013 Edition, 7th Edition, published by The Association of

Arbitrators, (Southern Africa)

W1.4 The place where arbitration is to be Johannesburg, South Africa.

held is

W1.4 The person or organisation who will The Arbitrator is the person selected by the Parties as and when a

choose an arbitrator dispute arises in terms of the relevant Z Clause, from the Panel of

X7 Delay Damages

Delay damages of the works are amount per day is 0.5%, to the maximum of 10% of the Contract value

X16 Retention

X16.1 The retention percentage is 10% of the contract value.

Retention period for performance 52 weeks after completion of the whole of the works, subject to

monitoring satisfactory operational performance of the SCADA panel

X18 Limitation of Liability

X18.1 The Contractor’s liability to the Nil - Neither Party is liable to the other for any consequential or indirect

loss is limited to revenue

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

liability to the Employer for loss of or

damage to the Employer’s property is

limited to

X18.3 The Contractor’s total liability to the Total of the losses incurred and/or repairs to the damages caused

X18.4 The Contractor’s total liability to the The Contractor’s total direct liability to the Employer for all matters arising

in this contract for

• Loss of or damage to the Employer’s property,
• Delay damages,
• Defects liability,
• Insurance liability to the extent of the Contractor’s risks
• 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

Z The Additional conditions of Z1 – Z20

contract are

Z3 Other responsibilities:

Add the following at the end of core clause 27:

Z3.1 The Contractor shall have satisfied himself, prior to the Contract Date, as to the completeness, sufficiency and

accuracy of all information and drawings provided to him as at the Contract Date

Z3.2 The Contractor shall be responsible for the correct setting out of the Works in accordance with the original points,

lines and levels stated in the Works Information or notified by the Project Manager, Supervisor or the Employer.

Any errors in the positioning of the Works shall be rectified by the Contractor at the Contractor’s own costs.

Z4 Extending the defects date:

Add the following as a new core clause 46:

Z4.1 If the Employer cannot use the works due to a Defect, which arises after Completion and before the defects date,

the defects date is delayed by a period equal to that during which the Employer, due to a Defect, is unable to use

the works

Z4.2 If part of the works is replaced due to a Defect arising after Completion and before the defects date, the defects

date for the part of the works which is replaced is delayed by a period equal to that between Completion and the

date by when the part has been replaced

Z4.3 The Project Manager notifies the Contractor of the change to a defect date when the delay occurs. The period

between Completion and an extended defects date does not exceed twice the period between Completion and the

defects date stated in the Contract Data

Z5 Termination

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ELS...5024 Contract Data Part C1.2a

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

Z7 Limitation of liability:

Insert the following new clause as Option X18.6:

Z7.1 The Employer's liability to the Contractor for the Contractor's indirect or consequential loss is limited to R0.00

Z7.2 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

Z8 Cession, delegation and assignment

Z8.1 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

Z8.2 The Employer may cede and delegate its rights and obligations under this contract to any person or entity

Z9 Joint and several liabilities

Z9.1 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.

Z9.2 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.

Z9.3 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.

Z10 Ethics

Z10.1 The Contractor undertakes:

Z10.1.1 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;

Z10.1.2 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, .

Z10.2 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 or criminal action). However,

lawful inducements and rewards shall not constitute grounds for termination.

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ELS...5024 Contract Data Part C1.2a

clause 92.2. the amount due on termination is A1.

Z11 Confidentiality

Z11.1 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.

Z11.2 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.

Z11.3 This undertaking shall not apply to –

Z11.3.1 Information disclosed to the employees of the Contractor for the purposes of the implementation of this agreement.

obtain assurances that confidential treatment will be afforded to the information so disclosed;

Z11.3.3 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);

Z11.4 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

Z11.5 The Contractor ensures that all his Subcontractors abide by the undertakings in this clause.

Z12 Employer’s Step-in rights

Z12.1 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

Z12.2 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, CAD materials, data,

software, models, plans, designs, programs, diagrams, evaluations, materials, specifications, schedules, reports,

calculations, manuals or other documents or recorded information (electronic or otherwise) which have been or are

at any time prepared by or on behalf of the Contractor under the contract or otherwise for and/or in connection with

the works) and generally does all things required by the Project Manager to achieve this end.

Z13 Liens and Encumbrances

Z13.1 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

Z14 Intellectual Property

Z14.1 Intellectual Property (“IP”) rights means all rights in and to any patent, design, copyright, trade mark, trade name,

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

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ELS...5024 Contract Data Part C1.2a

Z14.2 IP rights remain vested in the originator and shall not be used for any reason whatsoever other than carrying out

the works.

Z14.3 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

Z14.4 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 Contractor's IP available

to any third party the Employer shall obtain a written confidentiality undertaking from any such third party on

terms no less onerous than the terms the Employer would use to protect its IP

Z14.5 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:

Z14.5.1 the Contractor’s design, manufacture, construction or execution of the Works

Z14.5.2 the use of the Contractor’s Equipment, or

Z14.5.3 the proper use of the Works.

Z14.6 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:

Z16.1 Appointment of the Adjudicator

a dispute arises, from the Panel of

dispute arises from the Panel of

Adv. Sias Ryneke SC Gauteng 083 653 2281

[email protected]

Mr. Emeka Ogbugo Pretoria +27 12 349 2027

(Quantity Surveyor) [email protected]

Z17 Notification of a compensation event

Z17.1 Delete “eight weeks” in clause 61.3 and replace with “four weeks”. Delete the words “unless the event arises from

the Project Manager or the Supervisor giving an instruction, issuing a certificate, changing an earlier decision or

correcting an assumption.

Z18 BBBEE Certificate

Z18.1 The Contractor shall be expected to annually present a compliant BEE Certificate. Failure to do adhere to these

requirements shall be considered a material breach of the conditions of this Contract, the sanction for which may

be a cancellation of this Contract.

Z19 Communication

Z19.1 Add a new Core Clause 14.5 and 14.6 to read as follows:

Part C1: Agreements and Contract Data

C1.3: Form of Guarantee

Guarantor’s............................... of ................. (Registration Number: ....) (hereinafter called “the Bank”) have been

informed that ................................. hereinafter called the ‘Principal’) is your Contractor under such contract, which

requires him to obtain an irrevocable, unconditional performance security.

At the request of the Principal, we .........................................(name of bank) hereby irrevocably undertake to pay you,

the Employer, any sum or sums not exceeding in total the amount of ....................................(the “Guaranteed Amount”)

upon receipt by us of your first written demand stating that such an amount (or lesser amount) as may be claimed is due

and payable to the Employer.

accordance with the above, subject to the proviso that this Letter will not be interpreted as extending the Bank’s liability to

anything more than the Guaranteed Amount.

Notwithstanding anything to the contrary herein contained, the Bank’s obligation shall be construed as principal and not as

accessory to the contract and shall not be delayed or discharged by the fact that a dispute exists between the Employer

and the Contractor.

We undertake to pay you such Guaranteed Amount upon receipt by us, within such period of 14 days, of your first written

demand stating that such an amount (or lesser amount) as may be claimed is due and payable to the Employer.

Part c1: agreements and contract data

C1.4: Acsa insurance clauses

Section a: definitions

• The Apron / manoeuvring areas
• Area within the airside boundary/perimeter fence, excluding the internal areas of the passenger terminals,

perimeter gatehouses and cargo building.

Section b: insurance clauses

1. Insurance requirements for contracts with a value below R50million on the LANDSIDE

1.1 Contract Works

• With regards to contract works claims, the contractor/consultant is responsible for a deductible (excess) of

R250 000.

• Contractors / consultants may re-insure the deductible

1.2 Public Liability

• In the event of a claim against the contractor / consultant for 3rd party property damage the contractor /

consultant will be responsible for a deductible (excess) of R275 000

• In the event of a claim against the contractor / consultant for removal of lateral support, the contractor /

consultant will be responsible for a deductible (excess) of R500 000

• Contractors / consultants may re-insure the deductibles

1.3 Professional Indemnity

• All consultants are responsible for Professional Indemnity cover of R5million
• Contractors who have a material design element, excluding typical P & G related work, as part of their scope,

are responsible for Professional Indemnity cover of R5million

• In the event of a claim above R5million, the ACSA PI cover will kick in for the amount in excess of R5m.
• Proof of cover in the form of a certificate of insurance should be provided to ACSA before a contract is signed

between ACSA and the contractor and/or consultant.

2. Insurance requirements for contracts below R50million on the AIRSIDE

2.1 Contract Works

• With regards to contract works claims, the contractor / consultant is responsible for a deductible (excess) of

R250 000.

• Contractors / consultants may re-insure the deductible

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ELS...5024 Insurance Schedule Part C1.4

2.2 Public Liability

• In the event of a claim brought against the contractor / consultant for 3rd party property damage the contractor /

consultant will be responsible for a deductible (excess) of R525 000

• In the event of a claim brought against the contractor / consultant for removal of lateral support, the contractor /

consultant will be responsible for a deductible (excess) of R750 000

• In the event of a claim brought against the contractor / consultant for damage to aircraft, the contractor /

consultant will be responsible for a deductible (excess) of R750 000

• Contractors / consultants may re-insure the deductibles

2.3 Professional Indemnity

• All consultants are responsible for Professional Indemnity cover of R5million.
• Contractors who have a material design element, excluding typical P & G related work, as part of their scope,

are responsible for a Professional Indemnity cover of R5million.

• In the event of a claim above R5million, the ACSA PI cover will kick in for the amount in excess of R5million.

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ELS...5024 Insurance Schedule Part C1.4

The form in which a bond or guarantee required by the conditions of contract (if any) is to be provided by the

Contractor is given in Part 1 Agreements and Contract Data, document C1.3, Sureties.

not affect the Employer’s right to termination stated in this contract.

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ELS...5024 Scope of Work Part C3

software, models, plans, designs, programs, diagrams, evaluations, materials, specifications, schedules, reports,

At no time must the Contractor interfere with, or put at risk, the functionality of any fire prevention system. Care

Quality assurance requirements

All work must be executed in accordance with prevailing industry norms and standards relating to quality, such

Within the period stated in the Contact Data, the Contractor submits his complete quality control and assurance

system (with all quality control and assurance procedures and manuals) for review and acceptance by the

Employer. The manual includes pro-forma checklists for all requirements of the Contractor’s quality control and

Acceptance by the Employer of the Contractor’s quality assurance programme, quality plans and/or inspection

• Completion certificates for similar projects must include:

• Client's letterhead.
• Client's name / client representative.
• Project amount.
• Project duration.

Company must have proven experience in SCADA panel/RTU/PLC supply, integration, configuration, testing, system design, software configuration (HMI, logic, alarms), network configuration, and cybersecurity compliance. Key personnel must meet specific qualification and experience thresholds. Bidders scoring below 50 points will not be evaluated further.

• The bidder must demonstrate proven experience in delivering projects of similar scope, size and technical complexity, including:

• Supply, integration, configuration and testing of SCADA panels, RTUs, PLCs, or associated communication hardware.
• Experience in system design and engineering of SCADA panels.
• Software configuration (HMI, RTU/PLC logic, database alarms).
• Network configuration, cybersecurity compliance, and communication setup.

• Bidder must submit completion certificates for similar projects. Each certificate must contain:

• Client's letterhead.
• Client's name/representative.
• Project amount.
• Project duration.

• Project Manager/Engineer experience is evaluated separately.

• Bidders must submit completion certificates for similar projects as part of the evaluation.
• Certificates must include client letterhead, client name/representative, project amount, and project duration.
• Failure to provide at least two reference letters/completion certificates results in 0 points for the company experience criterion.

• Company experience scoring:

• 40 points for 4 or more completed similar projects.
• 20 points for 3 completed similar projects.
• 10 points for 2 completed projects.
• 0 points for fewer than 2 reference letters/completion certificates.