Maintenance of 35 travelators (passenger conveyors) at or tambo international airport for 8 months

{"name":null,"email":null,"phone":null,"department":null,"address":". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ."}

Returnable Documents: C1.1 Form of Offer and Acceptance

evaluations, materials, specifications, schedules, reports, calculations, manuals or other

Maintenance

Of travelators for a

Period of 8 months at o.R

Tambo international

Airport

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Contents

The Contract

Part C1: Agreement and Contract Data

C1.1 Form of Offer and Acceptance

C1.2 Contract Data

C1.3 Occupational Health and Safety Agreement

C1.4 Forms of Securities

C1.5 Insurance Schedule

Part C2: Pricing data

C2.1 Pricing Instructions

C2.2 Pricelist

Part C3: Scope of Work

Contract Data (Contractor) C1.2b

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2 Technician (Lift mechanic)

Name:

Qualifications relevant to this

contract

2 Technician (Lift mechanic)

Name:

Qualifications relevant to this

contract

2 Technician (Lift mechanic)

Name:

Qualifications relevant to this

contract

3 Assistant Technician

Name:

Qualifications relevant to this

contract

Contract Data (Contractor) C1.2b

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4 Task Team Mechanical Engineer

Name:

Qualifications relevant to this

contract

5 Task Team Control Engineer

Name:

Qualifications relevant to this

contract

6 Storeman

Name:

Qualifications relevant to this

contract

Contract Data (Contractor) C1.2b

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7 Other (Specify)

Name:

Qualifications relevant to this

contract

11.2 The following matters will be 1.Fall protection

included in the Risk Register

2.Electrical shock

3.Working in confined space

4.Working with power tools

5.House keeping

6.Working with hand tools

Contract Data (Contractor) C1.2b

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C1.3 Occupational Health and Safety Agreement

Occupational health and safety agreement

AGREEMENT IN TERMS OF SECTION 37(2) OF THE OCCUPATIONAL HEALTH & SAFETY ACT (ACT ) & CONSTRUCTION REGULATION 5.1(k)

Objectives

To assist Airport Company South Africa (ACSA) in order to comply with the requirements of:

1. The Occupational Health & Safety (Act ) and its regulations and

2. The Compensation for Occupational Injuries & Diseases Act (Act ) also known as the

(COID Act).

To this end an Agreement must be concluded before any contractor/ subcontracted work may

commence

The parties to this Agreement are:

Name of Organization:

Airports company south africa

O R Tambo INTERNATIONAL AIRPORT

Physical Address:

Airport Company South Africa

OR Tambo International Airport

ACSA Building, 4th Floor

Hereinafter referred to as “Client”

Name of organisation:

Physical Address:

Hereinafter referred to as “the Mandatary/ Principal Contractor”

Occupational Health and Safety Agreement C1.3

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Mandatory’s main scope of work

General information forming part of this agreement

1. The Occupational Health & Safety Act comprises of SECTION 1-50 and all unrepealed

REGULATIONS promulgated in terms of the former Machinery and Occupational Safety Act

No. as amended as well as other REGULATIONS which may be promulgated in terms

of the Act and other relevant Acts pertaining to the job in hand.

2. “Mandatary” is defined as including as agent, a principal contractor or a contractor for work, but

WITHOUT DEROGATING FROM HIS/HER STATUS IN HIS/HER RIGHT AS AN EMPLOYER or

user of the plant

3. Section 37 of the Occupational Health & Safety Act potentially punishes Employers (PRINCIPAL

CONTRACTOR) for unlawful acts or omissions of Mandataries (CONTRACTORS) save where a

Written Agreement between the parties has been concluded containing arrangements and

procedures to ensure compliance with the said Act BY THE MANDATARY.

4. All documents attached or refer to in the above Agreement form an integral part of the

Agreement.

5. To perform in terms of this agreement Mandataries must be familiar and conversant with the

relevant provisions of the Occupational Health & Safety Act (OHS Act) and applicable

Regulations.

6. Mandatories who utilise the services of their own Mandatories (contractors) must conclude a

similar Written Agreement with them.

7. Be advised that this Agreement places the onus on the Mandatary to contact the CLIENT in the

event of inability to perform as per this Agreement.

8. This Agreement shall be binding for all work the Mandatary undertakes for the client.

9. All documentation according to the Safety checklist including a copy of the written Construction

Manager appointment in terms of construction regulation 8, must be submitted 7 days before

work commences.

The undertaking

The Mandatary undertakes to comply with:

Insurance

1. The Mandatary warrants that all their employees and/or their contractor’s employees if any are

Occupational Health and Safety Agreement C1.3

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covered in terms of the COID Act, which shall remain in force whilst any such employees are

present on the Client’s premises. A letter is required prior commencing any work on site

confirming that the Principal contractor or contractor is in good standing with the Compensation

Fund or Licensed Insurer.

2. The Mandatary warrants that they are in possession of the following insurance cover, which

cover shall remain in force whilst they and /or their employees are present on the Client’s

premises, or which shall remain in force for that duration of their contractual relationship with the

Client, whichever period is the longest.

a. Public Liability Insurance Cover as required by the Subcontract Agreement.

b. Any other Insurance cover that will adequately makes provision for any possible losses

and/or claims arising from their and /or their Subcontractors and/or their respective

employee’s acts and/or omissions on the Client’s premises.

Compliance with the occupational health & safety

Act

The Mandatary undertakes to ensure that they and/or their subcontractors if any and/or their

respective employees will at all times comply with the following conditions:

1. All work performed by the Mandatary on the Client’s premises must be performed under the

close supervision of the Mandatary’s employees who are to be trained to understand the

hazards associated with any work that the Mandatary performs on the Client’s premises.

2. The Mandatary shall be assigned the responsibility in terms of Section 16(1) of the OHSAct

, if the Mandatary assigns any duty in terms of Section 16(2), a copy of such

written assignment shall immediately be forwarded to the Client.

3. The Mandatary shall ensure that he/she familiarise himself/herself with the requirements of

the OHS Act and that s/he and his/her employees and any of his subcontractors

comply with the requirements.

4. The Mandatary shall ensure that a baseline risk assessment is performed by a competent

person before commencement of any work in the Client’s premises. A baseline risk

assessment document will include identification of hazards and risk, analysis and evaluation

of the risks and hazards identified, a documented plan and safe work procedures to mitigate,

reduce or control the risks identified, and a monitoring and review plan of the risks and

hazards.

5. The Mandatary shall appoint competent persons who shall be trained on any Occupational

Health & Safety aspect pertaining to them or to the work that is to be performed.

6. The Mandatary shall ensure that discipline regarding Occupational Health & Safety shall be

strictly enforced.

7. Any personal protective equipment required shall be issued by the Mandatary to his/her

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employees and shall be worn at all times.

8. Written safe working practices/procedures and precautionary measures shall be made

available and enforced and all employees shall be made conversant with the contents of

these practises.

9. No unsafe equipment/machinery and/or articles shall be used by the Mandatary or

contractor on the Client’s premises.

10. All incidents/accidents referred to in OHSAct shall be reported by the Mandatary to the

Provincial Director: Department of Labour as well as to the Client.

11. No use shall be made by the Mandatary and/or their employees and or their subcontractors

of any of the Client’s machinery/article/substance/plant/personal protective equipment

without prior written approval.

12. The Mandatary shall ensure that work for which the issuing of permit is required shall not be

performed prior to the obtaining of a duly completed approved permit.

13. The Mandatary shall ensure that no alcohol or any other intoxicating substance shall be

allowed on the Client’s premises. Anyone suspected to be under the influence of alcohol or

any other intoxicating substance shall not be allowed on the premises. Anyone found on the

premises suspected to be under the influence of alcohol or any other intoxicating substance

shall be escorted off the said premises immediately.

14. Full participation by the Mandatary shall be given to the employees of the Client if and when

they inquire into Occupational Health & Safety.

Further undertaking

1. Only a duly authorised representative appointed in terms of Section 16.2 of the OHS Act is

eligible to sign this agreement on behalf of the Mandatary. The signing power of this

representative must be designated in writing by the Chief Executive Officer of the Mandatary. A

copy of this letter must be made available to the Client.

2. The Mandatary confirms that he has been informed that he must report to the Client’s

management, in writing anything he/she deems to be unhealthy and /or unsafe. He has versed

his employees in this regard.

3. The Mandatary warrants that he/she shall not endanger the health & safety of the Client’s

employees and other persons in any way whilst performing work on the Client’s premises.

4. The Mandatary understands that no work may commence on the Client’s premises until this

procedure is duly completed, signed and received by the Client.

5. Non-compliance with any of the above clauses may lead to an immediate cancellation of the

contract.

Occupational Health and Safety Agreement C1.3

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Acceptance by mandatary

In terms of section 37(2) of the Occupational Health & Safety Act and section 5.1(k) of the

Construction Regulations 2014,

I .......................................a duly authorised 16.2 Appointee acting for and on behalf of

......................................................(company name) undertake to ensure that the requirements and the

provision of the OHS Act and its regulations are complied with.

Mandatary – WCA/ Federated Employers Mutual No.....................................

Expiry date .................................................................................................

________________________________________ ____________________

Signature on behalf of mandatary date

(Warrant his authority to sign)

_________________________________________ ____________________

Signature on behalf of the client date

Airport company south africa

Occupational Health and Safety Agreement C1.3

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C1.4 Forms of Securities

Pro forma Performance Bond – Demand Guarantee (for use with Option X13)(to be reproduced exactly as shown

below on the letterhead of the Bank providing the Bond / Guarantee)- Not applicable

Airports Company South Africa SOC Limited Bank reference No.

Reg. No 1993/004149/30 VAT no 4930138393

O R Tambo International Airport

Private Bag X1

3rd Floor ACSA North Wing Offices

OR Tambo International Airport

1627

Date:

Dear Sirs,

Performance Bond – Demand Guarantee for [insert name of Contractor] required in terms of contract

[insert Contractor’s contract reference number or title]

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

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

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

1.3 “Contract” means the written agreement relating to the Service, entered into between the

Employer and the Contractor on or about the [●] day of [●] 20[●] (Contract

Reference No. [●]) as amended, varied, restated, novated or substituted

from time to time;

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

Registration No [●].

1.5 “Employer” means Airports Company South Africa SOC Limited, a company registered in

accordance with the laws of the Republic of South Africa under

Registration Number 1993/004149/30

1.6 “Expiry Date” means the earlier of

• the date that the Bank receives a notice from the Employer stating

that all amounts due from the Contractor as certified in terms of the

contract have been received by the Employer and that the

Contractor has fulfilled all his obligations under the Contract, or

• the date that the Bank issues a replacement Bond for such lesser or

higher amount as may be required by the Employer.

1.7 “Guaranteed Sum” means 0% of the sum of Subtotal I, ([●] Rand)

1.8 “Service” means Maintenance of People Movers (Escalators, Elevators and Passenger

conveyors) Schindler Brand / OEM set out in the Section C3, Works

Information

Forms of Securities C1.4

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

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

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

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

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

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

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

• be signed on behalf of the Employer by a director of the Employer;
• state the amount claimed (“the Demand Amount’);
• state that the Demand Amount is payable to the Employer in the circumstances contemplated in the

Contract.

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

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

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

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

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

Sum; and

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

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

Contractor.

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

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

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

to the Contract.

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

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

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

8. This Guarantee:

• shall expire on the Expiry Date until which time it is irrevocable;
• is, save as provided for in 7 above, personal to the Employer and is neither negotiable nor transferable;
• shall be returned to the Bank upon the earlier of payment of the full Guaranteed Sum or expiry hereof;
• shall be regarded as a liquid document for the purpose of obtaining a court order; and
• shall be governed by and construed in accordance with the law of the Republic of South Africa and

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

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

Expiry Date.

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

the Bank’s Address.

Forms of Securities C1.4

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Signed at on this day of 20__

For and on behalf of the Bank

Bank Signatories(s)

Name(s) (printed)

Witness(s)

Bank’s seal or stamp

Forms of Securities C1.4

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contract

Experience

Contract Data (Contractor) C1.2b

contract

Experience

2 Technician (Lift mechanic)

Name:

contract

Experience

2 Technician (Lift mechanic)

Name:

contract

Experience

contract

Experience

contract

Experience

contract

Experience

Contract Data (Contractor) C1.2b

contract

Experience

11.2 The following matters will be 1.Fall protection

included in the Risk Register

(in words)

(The above amount should be calculated as per the guide provided in the Pricing Data [Subtotal F]. In the event of any conflict

between the amount above and the Pricing Data [Subtotal F], the former shall prevail.)

for the Contractor

Part C1: Agreements and contract data, (which includes this agreement)

Part C2: Pricing data and Price List

Part C3: Service information.

Part C4: Site information

and schedules, drawings and documents or parts thereof where so indicated.

Firstly, the Contract Data (C1.2) and Conditions of Contract;

Secondly the Pricing data;

Thirdly, the Service information (C3) and Annexes thereto shall prevail;

C1.1 Form of Offer and Acceptance

confirming that the Principal contractor or contractor is in good standing with the Compensation

B-BBEE Details: “any other matter”: “excluding disputes relating

to termination of the contract”.

Z17.2 The following clauses are added at the end of clause W1.3 as sub-clauses (12) and (13)

respectively:

Z17.2.1 “The Adjudicator shall decide the dispute solely on the written submissions of the parties. No oral

submissions shall be heard during adjudication.”

Z17.2.2 “Disputes relating to or arising from termination of the Contract shall not be determined by an

adjudicator. Any such dispute shall be referred directly to the tribunal in accordance with the

procedures set out in clause W1.4.”

Z18 BBBEE and Tax Clearance

Z18.1 The Contractor shall be expected to annually present a compliant BEE certificate and Tax

clearance certificate. Failure to do adhere to these requirements shall be considered as material

breach of the conditions of this contract, the sanctions for which may be a cancelation of this

contract.

Z19 Safety:

Z19.1 The Employer, Service Manager or any of his nominated representatives may stop any unsafe

service. The Contractor does not proceed with the relevant service until the safety violation is

corrected. This instruction to stop or not to start the service is not a compensation event.

Z19.2 As stipulated by section 37(2) of the Occupational Health and Safety Act No. (OHS

Act) as amended the Contractor agrees to the following:

Z19.2.1 As part of the contract, the Contractor acknowledges that it is an Employer in its own right with

duties as prescribed in the OHS Act, as amended and agrees to ensure that all work performed,

or equipment and materials used, are in accordance with the provisions of the OHS Act.

Contract Data (Employer) C1.2a

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Z19.2.2 The Contractor furthermore agrees

Part C1: Agreement and Contract Data

C1.1 Form of Offer and Acceptance

C1.2 Contract Data

C1.3 Occupational Health and Safety Agreement

C1.4 Forms of Securities

C1.5 Insurance Schedule

Part C2: Pricing data

C2.1 Pricing Instructions

C2.2 Pricelist

Part C3: Scope of Work

C3 Service Information

Part C4: Site information

C4 Site Information

Returnable Documents T2.2

The General Conditions of Contract comprise the NEC3 Term Service Contract, April 2013, published by the NEC,

and the following “Particular Conditions”, which include amendments and additions to such General Conditions.

Engineers (London) (see www.ice-

sa.org.za ) or its successor body

W1.4(2) The tribunal is: arbitration

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

of Arbitrations published by The

Association of Arbitrators (Southern

Africa) or its successor body

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

Z2 Providing the Service: Delete core clause 20.1 and replace with the following:

Z2.1 The Contractor provides the service in accordance with the Service Information and warrants

that the results of the service, when complete, shall be fit for their intended purpose.

Z3. Other responsibilities: add the following at the end of core clause 27:

Z3.1 The Contractor shall have satisfied himself, prior to the starting date, as to the completeness,

sufficiency and accuracy of all information and drawings provided to him as at the starting date.

Contract Data (Employer) C1.2a

11.2 The working areas are See C3 ‘Service Information’

11.2(8) The direct fee percentage is: .....................................................................100%

24.1 The Contractor’s Key people are: CV’s to be appended to Resource Proposal (Annex F)

C1.3 Occupational Health and Safety Agreement

AGREEMENT IN TERMS OF SECTION 37(2) OF THE OCCUPATIONAL HEALTH & SAFETY ACT (ACT ) & CONSTRUCTION REGULATION 5.1(k)

To assist Airport Company South Africa (ACSA) in order to comply with the requirements of:

1. The Occupational Health & Safety (Act ) and its regulations and

2. The Compensation for Occupational Injuries & Diseases Act (Act ) also known as the

(COID Act).

Hereinafter referred to as “the Mandatary/ Principal Contractor”

Occupational Health and Safety Agreement C1.3

1. The Occupational Health & Safety Act comprises of SECTION 1-50 and all unrepealed

user of the plant

3. Section 37 of the Occupational Health & Safety Act potentially punishes Employers (PRINCIPAL

CONTRACTOR) for unlawful acts or omissions of Mandataries (CONTRACTORS) save where a

relevant provisions of the Occupational Health & Safety Act (OHS Act) and applicable

1. The Mandatary warrants that all their employees and/or their contractor’s employees if any are

Occupational Health and Safety Agreement C1.3

respective employees will at all times comply with the following conditions:

1. All work performed by the Mandatary on the Client’s premises must be performed under the

close supervision of the Mandatary’s employees who are to be trained to understand the

hazards associated with any work that the Mandatary performs on the Client’s premises.

2. The Mandatary shall be assigned the responsibility in terms of Section 16(1) of the OHSAct

, if the Mandatary assigns any duty in terms of Section 16(2), a copy of such

written assignment shall immediately be forwarded to the Client.

person before commencement of any work in the Client’s premises. A baseline risk

assessment document will include identification of hazards and risk, analysis and evaluation

of the risks and hazards identified, a documented plan and safe work procedures to mitigate,

reduce or control the risks identified, and a monitoring and review plan of the risks and

hazards.

Occupational Health and Safety Agreement C1.3

they inquire into Occupational Health & Safety.

1. Only a duly authorised representative appointed in terms of Section 16.2 of the OHS Act is

eligible to sign this agreement on behalf of the Mandatary. The signing power of this

representative must be designated in writing by the Chief Executive Officer of the Mandatary. A

copy of this letter must be made available to the Client.

2. The Mandatary confirms that he has been informed that he must report to the Client’s

management, in writing anything he/she deems to be unhealthy and /or unsafe. He has versed

his employees in this regard.

3. The Mandatary warrants that he/she shall not endanger the health & safety of the Client’s

employees and other persons in any way whilst performing work on the Client’s premises.

4. The Mandatary understands that no work may commence on the Client’s premises until this

procedure is duly completed, signed and received by the Client.

contract.

Occupational Health and Safety Agreement C1.3

In terms of section 37(2) of the Occupational Health & Safety Act and section 5.1(k) of the

Construction Regulations 2014,

I .......................................a duly authorised 16.2 Appointee acting for and on behalf of

......................................................(company name) undertake to ensure that the requirements and the

provision of the OHS Act and its regulations are complied with.

Mandatary – WCA/ Federated Employers Mutual No.....................................

Occupational Health and Safety Agreement C1.3