Replacement of HVAC equipment at or tambo international airport (24-Month nec3 contract)

Replacement of HVAC equipment at OR Tambo International Airport for a period of 2 years, as set out in Section C3 Works Information. Site boundaries: OR Tambo International Airport. Site Information in Part 4, Works Information in Part 3.

Employer: Airports Company South Africa SOC Ltd (Reg no: 1993/004149/30), registered office at OR Tambo International Airport, 3rd Floor ACSA North Wing Offices, Kempton Park, 1627. Project Manager and Supervisor: TBC, same address. Contact details for adjudicators and arbitrators are provided in the panels.

Submit the completed Form of Offer and Acceptance (C1.1) and Contract Data Part 2 (C1.2b) with all required data. Provide any bonds, guarantees, proof of insurance, and other documentation as specified in the contract data. Failure to fulfil these obligations constitutes repudiation of the agreement. The contract becomes binding unless the bidder notifies the employer in writing within five working days of receipt of any reason for non-acceptance.

Performance bond in the form of a demand guarantee required; retention money guarantee may be provided. Pro forma documents for bonds and guarantees in C1.3. Proof of insurance cover required before contract signing.

Bidders must be registered on the CSD (Central Supplier Database). Bidders must have a valid tax clearance (SARS TCS or tax pin). Bidders must have a B-BBEE certificate (annual presentation required; failure is a material breach). Bidders must provide a performance bond of 5% of contract value. Bidders must have capacity to provide key personnel as listed (Project Manager, Air-conditioning and Refrigeration Mechanic, Electrician/Millwright, Controls and Instrumentation Engineer, OH&S Practitioner). Bidders must comply with the transformation imperative: subcontract at least 30% of work to a Targeted Enterprise (B-BBEE Level 2, 50% black-owned or 30% black women-owned). Bidders must not subcontract more than 25% of tendered contract value (excluding Targeted Enterprise work) to enterprises without equal or higher B-BBEE status. Bidders must have financial capacity to secure required insurances (Contract Works and Public Liability). Bidders must be able to work at O.R. Tambo International Airport, including restricted areas, with 24/7 access. Bidders must accept the NEC3 ECC conditions, including additional Z clauses (e.g., ethics, confidentiality, step-in rights, IP).

Replacement of HVAC equipment at OR Tambo International Airport for a period of 2 years. Works are set out in Section C3 (Works Information). Site information is in Part C4. Key personnel required: Project Manager, Air-conditioning and Refrigeration Mechanic, Electrician/Millwright, Controls and Instrumentation Engineer, Occupational Health and Safety Practitioner. CVs to be appended to Resource Proposal (Annex F).

2 Air-conditioning and

Refrigeration Mechanic

Name:

Qualifications relevant to this

contract

3 Electrician / Millwright

Name:

Qualifications relevant to this

contract

4 Controls and Instrumentation

Engineer

Name:

Qualifications relevant to this

contract

5 Occupational Health and Safety

Practitioner

Name:

Contract Data (Contractor) C1.2b

Confidential

Qualifications relevant to this

contract

Contract Data (Contractor) C1.2b

Confidential

C1.3 Forms of Securities

Pro formas for Bonds & Guarantees

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

Option X13: Performance Bond

Each of these secondary Options requires a bond or guarantee “in the form set out in the Works

Information”. Pro forma documents for these bonds and guarantees are provided here for convenience

but are to be treated as part of the Works Information.

Option X16: Retention (not used with Option F)

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

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

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

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

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

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

Forms of Sureties C1.3

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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)

[Insert Contractor’s name and registered address] Bank reference No.

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]

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

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

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

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

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

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

novated or substituted from time to time;

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

Registration No [●].

1.5 “Employer” means 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 10% of contract value excluding VAT which must be submitted within

10 working days from notification of award

1.8 “works” means Replacement of HVAC Equipment at OR Tambo International

Airport as set out in the Section C3, Works Information

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.

Forms of Sureties C1.3

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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.

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.

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.

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.

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.

This Guarantee:

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

is, save as provided for in Error! Reference source not found. above, personal to the Employer and is neither n

egotiable 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.

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

Bank’s Address.

Signed at on this day of 20__

For and on behalf of the Bank

Bank Signatories(s)

Name(s) (printed)

Forms of Sureties C1.3

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Witness(s)

Bank’s seal or stamp

Forms of Sureties C1.3

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C1.4 Insurance Schedule

Summary of Terms and other Matters Applicable to Employer Provided Insurance

Insurance clauses for capex projects

This is an ACSA internal document and should not be shared with external stakeholders in

this format. Only the insurance clauses relevant to the particular project should be copied

and pasted to that tender document or contract.

Section a: definitions

Landside refers to:

Areas of the airport before the security points; and

The restricted area beyond the security points but, within the perimeter of gatehouses,

passenger terminals and cargo buildings.

Airside refers to:

The Apron / maneuvering areas; and

Area within the airside boundary/perimeter fence, excluding the internal areas of the

passenger terminals, perimeter gatehouses and cargo buildings.

Insurance Clauses C1.4

Section b: insurance clauses

1. INSURANCE REQUIREMENTS FOR PROJECTS WITH A VALUE BELOW R50 million

And duration not exceeding 36 months on the landside

• Projects with a value below R50 million and with a duration not exceeding 36 months are

automatically covered under an ACSA umbrella insurance. No need to notify ACSA

Treasury about these projects.

• But please note that Project Notification forms should be completed by project managers

and sent to ACSA Treasury (Email: [email protected]) for all projects with a

value below R50 million, and with a duration that exceeds 36 months as soon as the

contract is awarded, as these projects are not automatically covered under an ACSA

umbrella insurance.

1.1 Contract Works Insurance

The contractor must secure a contract works insurance cover for a limit not less than R250

000, each and every claim

The contractor must submit to ACSA proof of cover in the form of a certificate of insurance

before a contract is signed between ACSA and the contractor

1.2 Public Liability Insurance

The contractor must secure Public Liability insurance cover for 3rd party property damage, for

a limit not less than R275 000 for each and every claim;

The contractor must secure Public Liability insurance cover for removal of lateral support, for

a limit not less than R500 000 for each and every claim;

The contractor must submit to ACSA proof of cover in the form of a certificate of insurance

before a contract is signed between ACSA and the contractor

1.3 Professional Indemnity Insurance

All consultants must secure Professional Indemnity cover for a limit not less than R5 million;

Contractors who have a material design element, excluding typical P & G related work, as

part of their scope, must secure Professional Indemnity cover for a limit not less than R5

million;

The consultant must submit to ACSA proof of cover in the form of a certificate of insurance

before a contract is signed between ACSA and consultant.

Insurance Clauses C1.4

2. INSURANCE REQUIREMENTS FOR PROJECTS WITH A VALUE BELOW R50 million

And duration not exceeding 36 months on the airside

Projects with a value below R50 million and with a duration not exceeding 36 months are

automatically covered under an ACSA umbrella insurance. No need to notify ACSA Treasury

about these projects.

But please note that Project Notification forms should be completed by project managers

and sent to ACSA Treasury (Email: [email protected]) for all projects with a

value below R50 million, and with a duration that exceeds 36 months as soon as the contract

is awarded, as these projects are not automatically covered under an ACSA umbrella

insurance.

2.1 Contract Works Insurance

The contractor must secure a contract works insurance cover for a limit not less than R250

000, for each and every claim

The contractor must submit to ACSA proof of cover in the form of a certificate of insurance

before a contract is signed between ACSA and the contractor

2.2 Public Liability Insurance

The contractor must secure Public Liability insurance cover for 3rd party property damage, for

a limit not less than R525 000, for each and every claim;

The contractor must secure Public Liability insurance cover for removal of lateral support, for

a limit not less than R750 000, for each and every claim;

The contractor must secure Public Liability insurance cover for damage to aircraft, for a limit

not less than R750 000, for each and every claim

The contractor must submit to ACSA proof of cover in the form of a certificate of insurance

before a contract is signed between ACSA and the contractor

2.3 Professional Indemnity Insurance

All consultants must secure Professional Indemnity cover for a limit of not less than R5 million;

Contractors who have a material design element, excluding typical P & G related work, as

part of their scope, must secure Professional Indemnity cover for a limit not less than R5

million;

The consultant must submit to ACSA proof of cover in the form of a certificate of insurance

before a contract is signed between ACSA and consultant.

Insurance Clauses C1.4

contract

Experience

contract

Experience

contract

Experience

contract

Experience

Contract Data (Contractor) C1.2b

been discovered on reasonable inspection by

the Employer or the Supervisor before the

defects date, without requiring any inspection

not ordinarily carried out by the Employer or the

any inspection over and above the reasonable

inspection, this does not place a greater

responsibility on the Employer or the Supervisor

to have discovered the Defect.

Pricing data in Part C2. Offered total exclusive of VAT, VAT @ 15%, and total inclusive of VAT to be filled. Method of measurement: 6th edition of the Standard System of Measuring Building Works. Performance bond: 5% of contract value excluding VAT, submitted within 10 working days from notification of award. Retention: 5%. Delay damages: 0.05% of contract value per day, up to maximum 10%. Insurance: Contract Works Insurance limit not less than R250,000 each claim; Public Liability for 3rd party property damage not less than R275,000; removal of lateral support not less than R500,000; Professional Indemnity not less than R5 million if applicable. Proof of cover required before contract signing.

CSD registration required. Valid tax clearance required. B-BBEE certificate required annually; failure is a material breach. Targeted Enterprise subcontracting: minimum 30% of work to a B-BBEE Level 2 enterprise, 50% black-owned or 30% black women-owned. No subcontracting more than 25% of tendered contract value to enterprises without equal or higher B-BBEE status. CIDB registration required for targeted enterprises. OHSA compliance required (Section 37(2)).

Annual presentation of compliant BEE Certificate required; failure is a material breach. Service Provider shall contract with Targeted Enterprise(s) to perform minimum 30% of work. Targeted Enterprise must be at least EME or QSE with B-BBEE Status Level Two Contributor, 50% or more black owned or 30% or more black women owned. Service Provider shall not sub-contract more than 25% of tendered contract value to any enterprise without equal or higher B-BBEE status, unless the sub-contractor is an EME with capability. Penalties apply for failure to meet specified targets.

Contractor acknowledges it is an employer in its own right with duties under the Occupational Health and Safety Act, and agrees to ensure all work performed, or Equipment, Plant and Materials used, are in accordance with the Act, particularly the Construction Regulations.

Insurance requirements: For projects below R50 million and duration not exceeding 36 months on landside, automatic coverage under ACSA umbrella insurance; otherwise project notification forms must be sent to ACSA Treasury. Contract Works Insurance limit not less than R250,000 each claim; Public Liability for 3rd party property damage not less than R275,000; removal of lateral support not less than R500,000; Professional Indemnity not less than R5 million if applicable; additional limits as specified.

Key personnel required: Project Manager, Air-conditioning and Refrigeration Mechanic, Electrician/Millwright, Controls and Instrumentation Engineer, Occupational Health and Safety Practitioner. CVs appended to Resource Proposal (Annex F). First programme for acceptance within 2 weeks of Contract Date; revised programmes at intervals no longer than 2 weeks. Performance bond of 5% of contract value excluding VAT within 10 working days from notification of award. Transformation imperatives: minimum 30% of work to Targeted Enterprise(s); not sub-contract more than 25% of tendered contract value to enterprises without equal or higher B-BBEE status; meet contract skills development goals.