Preventative and corrective maintenance of backup generators at upington international airport for 5 years

The contract period is 5 years. The starting date is not specified in the provided text. The Contractor must submit a Task Order programme within 2 weeks after the starting date. The Contractor must notify the Service Manager and the Employer of the key person with authority to bind the Contractor within 1 week of the starting date. The Contractor must submit all documentation according to the Safety checklist, including a copy of the written Construction Manager appointment, 7 days before work commences. The Contractor must provide a letter confirming good standing with the Compensation Fund or Licensed Insurer prior to commencing work. The Contractor must submit proof of aviation liability insurance annually. The Contractor must prepare forecasts of the final total of the Prices at intervals no longer than 4 weeks.

The Employer is Airports Company South Africa SOC Limited (ACSA), Registration No 1993/004149/30, VAT no 4930138393. The physical address for the Client is Upington International Airport, ACSA Administration Office, Diedericks Street, Upington, 8800. The Service Manager details are not provided in the extracted text. The Adjudicator is to be agreed by both parties when a dispute arises; if no agreement within 30 days, the Adjudicator is appointed by the nominating body. For insurance claims, contact details are referenced in the Insurance Schedule (C1.5) but not provided in the extracted text.

Submit the completed Form of Offer and Acceptance (C1.1) with the 5-year estimated contract value (including VAT) carried over from the Pricing Data. Provide a completed Pricing Data (C2) with all rates and totals. Submit the Occupational Health and Safety Agreement (C1.3) signed under Section 37(2) of the OHS Act and Construction Regulation 5.1(k). Provide a letter confirming good standing with the Compensation Fund or Licensed Insurer before commencing work. Submit proof of Public Liability Insurance and any other required insurance as per the Insurance Schedule (C1.5). Provide a baseline risk assessment and a copy of the written Construction Manager appointment (Construction Regulation 8) at least 7 days before work commences. Submit CVs of key people as per Contract Data (Contractor) C1.2b. If the bidder has an existing approved Safety File with ACSA, no cost provision is required unless the Safety File needs updating.

The tender is evaluated under the NEC3 Term Service Contract (April 2013) with main Option A: Priced contract with price list. The contract includes dispute resolution Option W1, X17 (Low service damages), X18 (Limitation of Liability as amended), X19 (Task Order), X20 (Key performance indicators), and Z (Additional conditions). The Employer is Airports Company South Africa SOC Limited (ACSA). The contract is for a 5-year period. The evaluation will consider the total estimated contract value over 5 years, including annual CPI escalation (6% for illustrative purposes). The contract value is for illustrative purposes only; ACSA is not obliged to expend the full amount. Monthly expenditure is calculated strictly according to the Activity Schedule. The Contractor must provide forecasts of the final total of the Prices at intervals no longer than 4 weeks. The Contractor must submit a Task Order programme within 2 weeks after the starting date. The Contractor must notify the Service Manager and the Employer of the key person with authority to bind the Contractor within 1 week of the starting date.

The objective is to maintain the serviceability of all Back-up Generators at Upington International Airport in a sustainable manner, at the lowest operating and maintenance costs while ensuring compliance with general safety and aviation-related legislation. Maintenance involves inspection, servicing, repairs, replacement of parts, and system performance testing of Back-up Generators as per ACSA standards. Servicing includes routine inspection and preventive maintenance as prescribed by OEM specifications and ACSA’s planned maintenance procedure D 060 006M. Repairs include responding to breakdowns, callouts, and restoring equipment to safe working condition. Replacement includes changing faulty components and batteries (every 2 years) or obsolete components with upgraded parts or modifications. System Performance Test includes testing the system’s performance as per OEM specifications and power loss simulations. Statutory Tests include performing annual statutory tests in line with OHS Act and related regulations, SANS standards, etc. The contract includes preventative maintenance (Part 1) and corrective maintenance (Part 2). Corrective maintenance is any work not included under Part 1 and is charged at specified labour rates for normal hours, after hours, and Sundays/public holidays. Call-out fees include the first hour on site and travelling cost. Spares and third-party procured items are covered under a provisional sum of R200,000. Mark-up percentages apply to third-party procured items or services based on cost bands.

2 Artisan’s Assistant

Name:

Qualifications relevant to this contract

Contract Data (Contractor) C1.2b

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11.2 The following matters will be included 1. Unavailability of Spares

in the Risk Register 2. Disruption in passenger flow due to faulty Generators

3. Injuries to personnel and all airport users due to faulty

generators

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

Upington international airport

Physical Address:

Upington International Airport

ACSA Administration Office

Diedericks Street

Upington

8800

Hereinafter referred to as “Client”

Name of organisation:

Physical Address:

Hereinafter referred to as “the Mandatary/ Principal Contractor”

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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 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.

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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 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

Occupational Health and Safety Agreement C1.3

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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

No performance bond or parent company guarantee is required in this contract

Forms of Securities C1.4

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C1.5 ACSA Insurance Clause

Insurance clause for opex projects and non-construction capex

Projects on the landside

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

the ACSA insurance cover:

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

hundred thousand rands).

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

duration of the project.

Insurance clause for opex projects and non-construction capex

Projects on the airside

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

the ACSA insurance cover:

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

hundred thousand rands).

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

duration of the project.

Where the project covers both landside and airside, only the airside clause will apply.

The following persons/insurers must be advised immediately on the occurrence of a claim on site or even a

possibility of a claim arising due to an incident occurring on site: Airports Company South Africa:

Nokulunga Masiza

Tel: +27 (0)11 723 1400

M: +27 (0)79 512 0532

[email protected]

Buhle Mnguni

D: +27 (0)11 723 1400

M: +27 (0)74 535 9075

[email protected]

Insurance Schedule C1.5

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C2.1 Pricing assumptions: Option A

The conditions of contract

How work is priced and assessed for payment

Clause 11 in NEC3 Term Service Contract, April 2013 (TSC3) core clauses and Option A states:

Identified and 11

defined terms 11.2 (12) The Price List is the price list unless later changed in accordance with this contract.

(17) The Price for Services 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.

(19) 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. Where it is contemplated

that the Price List represents the type of work, quantity and cost thereof which may or not be selected by the Employer, it

is important to ensure that service items listed do not create liability on a daily basis if that is not the intention. For example,

if the service is maintenance of an installation on an ad hoc or call-off basis which may require the Contractor to be on

standby but not permanently on the Affected Property, avoid listing service items which may be treated as preliminary and

general (P&Gs) items, whether fixed or time-related such as contractual requirements, establishing on site, offices, storage,

ablutions, water supplies, power supply, telecommunications. The Price List should align with the intention of the contract

and selection of Option X 19 should be considered. If the Contractor is required to price P&G items ensure that the tender,

contract and Price List provides clearly that daily charges are applicable only as necessitated by the specific activity and

authorised by the Service Manager. Particular care should be taken when utilising SANS 1200 as a guide for tenderers or

for preparing templates for Price Lists in tenders. Avoid referring to the Price List as the Activity Schedule.

Function of the Price List

Clause 54.1 in Option A states: “Information in the Price List is not Service Information”. This confirms that instructions to

do work or how it is to be done are not included in the Price List but in the Service Information. This is further confirmed

by Clause 20.1 which states, “The Contractor Provides the Service in accordance with the Service Information”. 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 21.4 states “The Contractor provides information which shows how each item description on the Price List relates

to the operations on each plan which he submits for acceptance”. Hence when compiling the price list, the tendering

contractor needs to develop his first clause 21.2 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(17).

Preparing the price list

It will be assumed that the tendering contractor has read Pages 14, 15 and 76 of the TSC3 Guidance Notes before

preparing the price list. Items in the price list may have been inserted by the Employer and the tendering contractor

should insert any additional items which he considers necessary. Whichever party provides the items in the price list

the total of the Prices is assumed to be fully inclusive of everything necessary to Provide the Service as described at

the time of entering into this contract.

1 As the Contractor has an obligation to correct Defects (core clause 42.1) and there is no compensation event for

this unless the Defect was due to an Employer’s risk, the lump sum Prices and rates must also include for the correction

Pricing Assumptions C2.1

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of Defects.

2 If the Contractor has decided not to identify a particular item in the price list at the time of tender the cost to the

Contractor of doing the work must be included in, or spread across, the other Prices and rates in the price list in order

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

3 There is no adjustment to lump sum prices in the price list if the amount, or quantity, of work within that lump sum

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

a change to the Prices is as a result of a compensation event. See Clause 60.1.

4 Hence the Prices and rates tendered by the Contractor in the price list are inclusive of everything necessary and

incidental to Providing the Service in accordance with the Service Information, as it was at the time of tender, as well as

correct any Defects not caused by an Employer’s risk.

5 The Contractor does not have to allow in his Prices and rates for matters that may arise as a result of a

compensation event. It should be noted that the list of compensation events includes those arising as a result of an

Employer's risk event listed in core clause 80.1.

Format of the price list

(From of the TSC3 Guidance Notes)

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

Pricing Assumptions C2.1

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C2.2 Price List

The following Activity Schedule is provided “as-is” for the benefit of the Bidder. ACSA (the Employer) cannot guarantee that it

is complete in all respects. The Bidder is responsible for providing an Activity Schedule which is accurate, complete and in

accordance with their proposal. Also, refer to C3 (Service information) for activities that need to be priced. Only items listed

in this Activity Schedule may be billed to the Employer.

Experience

2 Artisan’s Assistant

Name:

Experience

11.2 The following matters will be included 1. Unavailability of Spares

in the Risk Register 2. Disruption in passenger flow due to faulty Generators

a sustainable manner, at the lowest operating and maintenance costs while ensuring compliance to general

safety and aviation-related legislation. In brief, maintenance involves inspection, servicing, repairs,

replacement of parts, and system performance testing of Back-up Generators as per ACSA standards.

• Servicing - Performing routine inspection and preventive maintenance as prescribed by the original

equipment manufacturer (OEM) specifications and ACSA’s planned maintenance procedure D

060 006m.

• Repairs – Responding to breakdowns, callouts and restoring the equipment to a safe working condition.

• Replacement – changing of faulty components and the batteries (every 2 years) or obsolete

components with an upgraded part or modification.

• System Performance Test – Testing the system’s performance as per the original equipment

manufacture’s (OEM) specifications if applicable as well as power loss simulations.

• Statutory Tests – performing annual statutory tests in line with OHS Act and related

regulations, SANS standard, etc if applicable.

Service Information C3

Pricing Data (C2): Price list structure, call-out fees, spares provisional sum, mark-up percentages, estimated contract value over 5 years with CPI escalation.

The pricing schedule includes Part 1: Preventative Maintenance with items such as Safety File (once-off), Airport personnel access permits (provisional sum R5,000), travelling (annual), contract management and administration (annual), and all required labour, tools, equipment and consumables (annual). Part 2: Corrective maintenance labour rates for Artisan/Technician, Artisan’s Assistance, and OEM Specialist for normal hours, after hours, and Sundays/public holidays (rates to exclude VAT). Call-out fees: normal hours, after hours, and Sunday/public holiday (each includes first hour on site and travelling cost). Spares provisional sum: R200,000 per annum. Mark-up on third-party procured items: cost bands R0.01–R5,000, R5,001–R10,000, and greater than R10,000 (percentages to be inserted). Contract value guide: Sub-Total A (Preventative maintenance), Sub-Total B (Call-outs/Task Orders), Sub-Total C (Spares R200,000), Sub-Total D (Estimated total per annum). Expenditure over 5-year contract: Year 1 (Sub-total D), Year 2 (Year 1 plus 6% CPI escalation), Year 3 (Year 2 plus 6%), Year 4 (Year 3 plus 6%), Year 5 (Year 4 plus 6%). 5-year estimated contract value (excluding VAT) plus 15% VAT gives the estimated contract value for 5 years, which is carried over to the Form of Offer and Acceptance. Contract values will be adjusted according to Statistics SA Consumer Price Indices – All income groups. 6% escalation is for illustrative purposes. Labour rates include all personnel insurance, holidays with pay, incentive bonuses. No labour is charged for travel or travelling; labour time is calculated for time spent on site. Call-out fees are not applicable when contractors are onsite. After-hours rate applies for callouts outside normal working hours (08H00-17H00). Cost of spares is net cost (including VAT) of parts delivered to site with all discounts deducted; third party’s quote/invoice must be presented when submitting quotes for approval.

The Contractor must comply with the Occupational Health and Safety Act (OHS Act) and its regulations, including Section 37(2) agreement and Construction Regulation 5.1(k). The Contractor must be in good standing with the Compensation Fund or Licensed Insurer (COID Act). The Contractor must provide Public Liability Insurance and any other insurance as required by the Insurance Schedule (C1.5). The Contractor must perform a baseline risk assessment by a competent person before commencement of work. The Contractor must appoint competent persons and ensure close supervision of all work. The Contractor must issue and enforce the use of personal protective equipment. The Contractor must report all incidents/accidents to the Provincial Director: Department of Labour and to the Client. The Contractor must not use any of the Client’s machinery, articles, substances, plant, or PPE without prior written approval. The Contractor must obtain permits before performing work requiring permits. No alcohol or intoxicating substances are allowed on the Client’s premises. The Contractor must comply with all laws, regulations, or policies relating to the prevention and combating of bribery, corruption, and money laundering, including the Prevention and Combating of Corrupt Activities Act. The Contractor must not cede, delegate, or assign any rights or obligations without written consent of the Employer. If the Contractor is a joint venture, consortium, or unincorporated grouping, all persons are jointly and severally liable. The Contractor must treat all information obtained under the contract as confidential. The Contractor must keep equipment free of liens and encumbrances. The Contractor must comply with the NEC3 Term Service Contract (April 2013) and all Particular Conditions (Z clauses). The Contractor must provide forecasts of the final total of the Prices at intervals no longer than 4 weeks. The Contractor must submit a Task Order programme within 2 weeks after the starting date. The Contractor must notify the Service Manager and the Employer of the key person with authority to bind the Contractor within 1 week of the starting date. The Contractor must submit all documentation according to the Safety checklist, including a copy of the written Construction Manager appointment, 7 days before work commences. The Contractor must provide a letter confirming good standing with the Compensation Fund or Licensed Insurer prior to commencing work. The Contractor must submit proof of aviation liability insurance annually.

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.

Z1 Interpretation of the law

Z1.1 Add to core clause 12.3: Any extension, concession, waiver, non-enforcement of any terms of the contract or

relaxation of any action stated in this contract by the Parties, the Service Manager, the, or the Adjudicator does

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

confirm such agreement in writing.

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:

Contract Data (Employer) C1.2a

Z18.1 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.

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

Z18.2 the Contractor agrees to the following:

11.2 The working areas are See C3 ‘Service Information’

24.1 The Contractor’s Key people are: CV’s to be appended to Resource Proposal

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 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

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

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

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.

Occupational Health and Safety Agreement C1.3

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.

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

inquire into Occupational Health & Safety.

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.

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

Occupational Health and Safety Agreement C1.3

Part 1: Preventative Maintenance

Item Activity Description Frequency Quantity Amount (per Total (per annum)

no. (per single item)

annum)

1 Safety File, in accordance with OHS Once-off 1 R R

Act of 1993 and the Construction

Regulation of 2014.

(Note: Please note that should the

service provider currently have an

approved Safety File on record with

unless the Safety File needs to be

updated.)

2 Airport personnel access permits, Once-off 1 Provisional Sum R 5 000

airport vehicle access permits and

parking fees.

4 All required travelling (if applicable). Annual 1 R R

5 Contract management and Annual 1 R R

administration (Annual service reports

etc.)

6 All required labour, *tools, equipment Annual 1 R R

and consumables for preventative

maintenance and inspections

Sub-Total A: Preventative Maintenance (per annum) R

*By Tools, equipment and consumables is also meant cleaning materials, fasteners, lubricants, chemicals, electronic devices,

etc. that are required to do any corrective or preventive maintenance, and measurements (multi-meters, etc.).

Part 2: Corrective maintenance

Any work not included under Part 1 shall be deemed Corrective maintenance (additional/non-scheduled work) and will be

charged at the following rates:

The contract is an NEC3 Term Service Contract (April 2013) with main Option A: Priced contract with price list. Dispute resolution Option W1: Dispute resolution procedure. X17: Low service damages. X18: Limitation of Liability (as amended in Option Z). X19: Task Order. X20: Key performance indicators. Z: Additional conditions of contract. The Employer is Airports Company South Africa SOC Limited (ACSA), Registration No 1993/004149/30, VAT no 4930138393. The Employer provides insurance against loss or damage to the services, Plant and Materials, and Public Liability Insurance. The Contractor provides additional insurances as detailed in the Insurance Schedule (C1.5). The Contractor’s liability for indirect or consequential loss is limited to nil. The Contractor’s liability for loss or damage to the Employer’s property is limited to the total of the losses incurred and/or repairs to the damages caused. The Contractor’s liability for Defects due to his design is limited to the total of the losses incurred and/or repairs to the damages caused. The Contractor’s total liability is limited to the total direct liability to the Employer for loss or damage to the Employer’s property, Defects liability, insurance liability, death or injury to a person, and infringement of an intellectual property right. The end of liability date is the date on which the liability prescribes in accordance with the Prescription Act. The Contractor submits a Task Order programme to the Service Manager within 2 weeks after the starting date. Additional conditions (Z clauses) include: Z1 Interpretation of law, Z2 Providing the Service, Z3 Other responsibilities, Z4 Termination (business rescue proceedings), Z5 Ambiguities and inconsistencies, Z8 Limitation of liability (Employer’s liability for indirect or consequential loss limited to R0.00), Z9 Limitation of liability (insertion of Option X18.6), Z10 Cession, delegation and assignment, Z11 Joint and several liability, Z12 Ethics, Z13 Confidentiality, Z14 Co-operation, Z15 Liens and Encumbrances, Z16 Intellectual Property, Z18 Safety (stop work for safety violations). The Contractor must comply with Section 37(2) of the OHS Act and Construction Regulation 5.1(k). The Contractor must provide a letter confirming good standing with the Compensation Fund or Licensed Insurer. The Contractor must provide Public Liability Insurance and any other insurance as required. The Contractor must perform a baseline risk assessment before commencement. The Contractor must appoint competent persons and ensure close supervision. The Contractor must issue and enforce PPE. The Contractor must report all incidents/accidents. The Contractor must not use Client’s machinery without prior written approval. The Contractor must obtain permits before work requiring permits. No alcohol or intoxicating substances allowed. The Contractor must comply with anti-corruption laws. The Contractor must not cede, delegate, or assign without written consent. Joint venture members are jointly and severally liable. Confidentiality obligations apply. Liens and encumbrances waived. Intellectual property rights created during the service are addressed. The Contractor must prepare forecasts of the final total of the Prices at intervals no longer than 4 weeks. The Contractor must submit a Task Order programme within 2 weeks after the starting date. The Contractor must notify the Service Manager and the Employer of the key person with authority to bind the Contractor within 1 week of the starting date. The Contractor must submit all documentation according to the Safety checklist, including a copy of the written Construction Manager appointment, 7 days before work commences. The Contractor must provide a letter confirming good standing with the Compensation Fund or Licensed Insurer prior to commencing work. The Contractor must submit proof of aviation liability insurance annually.