Airside emergency gate installation and repairs of existing gates – 18-Month contract at chief dawid stuurman airport

construction regulations and the provisions of the project

Compulsory briefing session and site inspection: date, time and venue not stated in the document. Attendance is mandatory.

{"name":null,"email":null,"phone":null,"department":null,"address":"es rendered, value of contract,"}

Returnable documents:

• Completed and signed Form of Offer (C1.1).
• Proof of CIDB contractor grading of 3 SQ or higher.
• Completion certificates or reference letters for similar projects (as per functionality criteria).
• CV of Project Supervisor with qualifications and experience.
• Copies of qualifications or certificates for the Project Supervisor.
• Attendance of compulsory briefing session and site inspection is mandatory.
• All documents must be submitted with the tender; failure to submit required proof will result in non-allocation of points or disqualification.

Stage 1: Mandatory requirements (pass/fail).

Stage 2: Functionality evaluation (100 points total):

• Experience: points allocated based on number of similar completed projects within the past 10 years (2016 to date).
• Three (3) similar completed projects: 30 points.
• Four (4) or more similar completed projects: 50 points.
• Project Supervisor qualification and experience: points allocated based on CV, responsibilities, years of relevant experience, and qualifications/certificates.
• Failure to submit proof of project completion results in non-allocation of points for that criterion.
• Minimum 60 points required to proceed to Price and Preference evaluation.

The work involves installation of an airside emergency gate and repairs to existing gates at Chief Dawid Stuurman International Airport. The project must comply with construction regulations and project-specific Health & Safety requirements. The functionality evaluation assesses the tenderer's technical ability based on experience to deliver the required product in accordance with specialised quality, reliability and functionality.

The tenderer must demonstrate technical ability based on experience to deliver the required product in accordance with specialised quality, reliability and functionality. Experience is evidenced by completion certificates or reference letters for similar projects. Similar projects include all types of fencing works construction/rehabilitation, installation of gates, rehabilitation of gates, or completed fence/gates maintenance contracts. References must be verifiable and include client letterhead, scope of services, value of contract, completion date, contact person name and contact details. Appointment letters, purchase orders and payment certificates are not accepted as valid references.

Payment terms are not detailed in the document. Note: payment certificates are not accepted as valid references for experience scoring.

Mandatory requirements:

• Attendance of compulsory briefing session and site inspection.
• Completed and signed Form of Offer (C1.1).
• CIDB contractor grading of 3 SQ or higher.

Functionality evaluation (Stage 2):

• Minimum 60 points out of 100 required to proceed to Price and Preference evaluation (80/20 split).
• Experience proof: completion certificates or reference letters for similar projects. Similar projects include fencing works construction/rehabilitation, installation of gates, rehabilitation of gates, or completed fence/gates maintenance contracts.
• References must be verifiable and include client letterhead, scope of services, value of contract, completion date, contact person name and contact details.
• Appointment letters, purchase orders and payment certificates are not accepted as valid references.
• Project Supervisor: CV required, clearly defining responsibilities and years of relevant experience; copies of qualifications or certificates must be provided.

No points will be allocated for appointment letters, purchase orders and payment certificates; these will not be accepted as valid references for this tender.

{"name":null,"email":null,"phone":"+27 41 507 7362","department":null,"address":"e conditions of contract"}

Unable to extract eligibility criteria

Construction contract (ecc)

Between AIRPORTS COMPANY SOUTH AFRICA SOC LIMITED

Applicable at Chief Dawid Stuurman International Airport

(Registration Number: 1993/004149/30)

and

(Registration Number: ___________________)

for AIRSIDE EMERGENCY GATE INSTALLATION AND REPAIRS OF EXISTING

Gates at chief dawid stuurman international airport for a

Period of 18 months

Contents: No of pages

Part C1 Agreements & Contract Data [7]

Part C2 Pricing Data [32]

Part C3 Scope of Works

40.2 The quality policy statement and quality plan are provided within 4 weeks of the Contract Date.

41.2 The defects date is 52 weeks after Completion of the whole of the works

43.2 The defects correction period is Four (4) weeks

Period of 18 months

Contents: No of pages

Part C1 Agreements & Contract Data [7]

Part C2 Pricing Data [32]

Part C3 Scope of Works [45]

Part C4 Site Information [55]

Agreements and Contract Data Part C1 P a g e | 1

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.

A Priced contract with bill of Refer to Part C2: Pricing Data section of this contract

quantities

Principal contractor or contractor is in good standing with the Compensation Fund or Licensed

(Registration Number: 1993/004149/30)

and

(Registration Number: ___________________)

for AIRSIDE EMERGENCY GATE INSTALLATION AND REPAIRS OF EXISTING

the Project Manager, the Supervisor, 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 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

Z21 Lead Design

11.2 The working areas are: Airport Airside at Chief Dawid Stuurman Int Airport

24.1 The Contractor’s key person are: CV’s to be appended to Tender Schedule

1. Name:

Part c1: agreements and contract data

C1.4: 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).

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

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

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.

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.

they inquire into Occupational Health & Safety.

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.

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 OHSAct and its regulations are complied with.

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

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 (5) working days of the date of such receipt notifies the

Main Option B: Priced contract with Bill of Quantities

Dispute resolution Option W1: Dispute resolution procedure

Secondary Options X7: Delay damages

(incorporating amendments)

X16: Retention

X18: Limitation of liability

Z: Additional conditions of contract

of the NEC3 Engineering and Construction Contract, April

2013

Agreements and Contract Data Part C1 P a g e | 6

13.6 The period of retention is 12 months following Completion or earlier termination of

a contract

2 The Parties’ main responsibilities

20.1 The Employer provides access to the following persons, places and things

84.1 The Contractor provides the The Insurance Clauses which is attached at the end of the

insurance stated in Contract Data. The insurances are in the joint names of the

for insurance in respect of death and Diseases Act No.

of or bodily injury to employees

of the Contractor arising out of

and in the course of their

employment in connection with

this contract for any one event is:

9 Termination Applicable as per Section 9 of the NEC3 ECC (April 2013)

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 The current Chairman of Johannesburg Advocate’s Bar

is 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

arbitration procedure is Conduct of Arbitrations 2013 Edition, 7th Edition, published

by The Association of Arbitrators, (Southern Africa)

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

be held is

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

will choose an arbitrator when a dispute arises in terms of the relevant Z Clause, from

the Panel of Arbitrators provided under the relevant Z clause

if the arbitration procedure does not state who selects an

arbitrator. The Arbitrator nominating body is the Chairman of

the Johannesburg Advocates Bar Council.

X16 Retention

X16.1 The retention free amount is R

The retention percentage is 10% of the Prices, 50% of retention will be released at

Practical Completion of the works and the remaining 50%

will be released after the Defects Period

X18 Limitation of Liability

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

consequential loss is limited to of income or loss of revenue

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

Contractor’s liability to the caused

to the Employer’s property is

limited to

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

the Employer for defects due to caused

his design which are not listed on

the Defects Certificate is limited

to

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

the Employer for all matters matters arising under or in connection with this contract,

arising under or in connection other than the excluded matters, is limited to the total of the

with this contract, other than losses incurred and/or repairs to the damages caused and

excluded matters, is limited to applies in contract, tort or delict and otherwise to the extent

allowed under the law of the contract.

• 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

Agreements and Contract Data Part C1 P a g e | 10

X18.5 The end of liability date is The date on which the liability in question prescribes in

accordance with the Prescription Act No. (as

amended or in terms of any replacement legislation) for any

other matter

Z The Additional conditions of Z1 – Z20

contract are

between Completion and the defects date stated in the Contract Data

Z5 Termination

Agreements and Contract Data Part C1 P a g e | 11

contract period. If 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:

Z7.1 Insert the following new clause as Option X18.6:

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

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 liability

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

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.

Z10.3 If the Contractor is found guilty by a competent court, administrative or regulatory body of

participating in illegal or corrupt practices, including but not limited to the making of offers (directly

or indirectly), payments, gifts, gratuity, commission or benefits of any kind, which are in any way

whatsoever in connection with the contract with the Employer, the Employer shall be entitled to

terminate the contract in accordance with the procedures stated in core 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

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.

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:

Agreements and Contract Data Part C1 P a g e | 14

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

when a dispute arises, from

the Panel of Adjudicators Name Location Contact details

below. The referring party (phone & e mail)

nominates an Adjudicator, Adv. Ghandi Gauteng +27 11 282 3700

which nomination is either Badela [email protected]

accepted or rejected by the Mr. Errol Tate Pr. Durban +27 11 262 4001

other party. In the instance of Eng. [email protected]

a rejection of the nominated Adv. Saleem Gauteng +27 11 535 1800

Adjudicator, the referring Ebrahim [email protected]

Party refers the appointment Mr. Sebe Gauteng +27 11 442 8555

deadlock to the Chairman of Msutwana Pr. [email protected]

the Johannesburg Bar Eng.

Council, who appoints an Mr. Sam Amod Gauteng [email protected]

when a dispute arises from

the Panel of Arbitrators below. Name Location Contact details

The referring party (phone & e mail)

nominates an Arbitrator, which Adv. Ghandi Badela Gauteng +27 11 282 3700

nomination is either accepted [email protected]

or rejected by the other party. Mr. Errol Tate Pr. Durban +27 11 262 4001

In the instance of a rejection Eng. [email protected]

of the nominated Arbitrator, Adv. Saleem Gauteng +27 11 535 1800

the referring Party refers the Ebrahim [email protected]

appointment deadlock to the a

Chairman of the Mr. Sebe Msutwana Gauteng +27 11 442 8555

Johannesburg Bar Council, Pr. Eng. [email protected]

who appoints an Arbitrator Mr. Sam Amod Gauteng [email protected]

listed in the Panel of

Arbitrators below Adv. Sias Ryneke Gauteng 083 653 2281

SC [email protected]

.za

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.

Z19 Communication

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

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.

Agreements and Contract Data Part C1 P a g e | 21

Part c1: agreements and contract data

C1.5: Acsa insurance clauses

Contract value does not exceed r150 million, and the construction period does not

Exceed 36 months, and the defects liability period does not exceed 24 months

the extent relevant to the Contract.

1. Insurance Effected By The Employer (Principle Controlled Insurance (“PCI”))

1.1 Notwithstanding anything elsewhere contained in this Contract and without limiting the obligations,

liabilities or responsibilities of the Contractor in anyway whatsoever (including but not limited to any

requirement for the provision by the Contractor of any other insurances) the Employer shall effect

and maintain for the duration of the construction and maintenance periods of the Contract - as

appropriate in the joint names of the Employer, the Contractor and where relevant Sub-Contractors

the following insurances which are subject to the terms, limits, exceptions and conditions of the

a) Contract Works/Contractors Public Liability/ Removal Of Lateral Support Liability

Section 1 Of The Policy – Contract Works

property insured, which is in a defective condition due to defect in design, plan specification,

material or workmanship.

This insurance contains the following limitations and warrantees;

caused directly or indirectly by rain, inundation or flood, Insurers liability shall be limited in

respect of the aggregate length of open trenches at any one time to 2,500 meters.

Exposed Layer Works (applicable to works involving paving, roadways, bulk

earthworks and runways and taxiways)

runways (including taxiways) caused directly or indirectly by rain, inundation or flood, Insurers

liability shall be limited in respect of the aggregate length of Exposed Layer Works at any one

time to 2,500 meters.

Agreements and Contract Data Part C1 P a g e | 24

Section II of the Policy – Contractors Public Liability

accidental death of or injury to persons and/or loss of or damage to property(other than the

Works the subject matter of this Contract) arising from the execution of the Contract with a

limit of indemnity of R100,000,000 in respect of any one occurrence or series of occurrences

consequent on or attributable to one source or original cause.

Section III of the Policy – Removal Of Lateral Support Liability

event of accidental death of or injury to persons and/or loss of or damage to property (other

than the Works the subject matter of this Contract) arising out of or in connection with shock

or vibration or the removal or weakening of or interference with support to property in the

vicinity of the Contract Site and arising out of or in connection with the Insured Contract (but

not in respect of tunnelling works) and occurring during the Period of Insurance.

The Limit of Indemnity being limited to R50,000,000 attributable to one source or original

cause

b. Contract Works SASRIA – Providing physical loss of or damage to the Works, Temporary

kind or description whatsoever.

The SASRIA Contract Works policy is limited to R500,000,000 (Incl. VAT) in the aggregate

during the policy period of insurance.

http://www.sasria.co.za/ which notes the covers and policy exclusions.

c) Aviation Liability Insurance which provides indemnity against legal liability in the event of

accidental death of or injury to persons and/or loss of or damage to property (other than the

Works the subject matter of this Contract) arising from the execution of the Contract with a

limit of indemnity of R2,000,000,000 in respect of any one occurrence or series of

occurrences consequent on or to one source or original cause.

d) Design & Construct Professional Indemnity Insurance which provides indemnity against

legal liability to pay compensation as a result of any actual or alleged negligent act, error or

omission in the performance of the Professional Duties of the insured and arising from the

execution of this project. The limit of indemnity under this insurance shall be *R25,000,000 in

the aggregate during the annual policy period of insurance that ACSA effect such cover

during the policy period from 1 April to 31 March during each policy period of

insurance.

Agreements and Contract Data Part C1 P a g e | 25

*The limits of indemnity applies to all ACSA contracts as a whole and does not apply

specifically to this contract. The aggregate limit could be exhausted by claims under

other ACSA contracts and there is no guarantee that this insurance cover will provide

sufficient cover to this specific contract should the aggregate limit be exhausted.

a) Labour and construction work which would normally be the responsibility of the building

or engineering contractor.

b) Supervision of the construction works usually undertaken by a building or engineering

contractor.

1. 2 The Contractor shall familiarise itself fully with the details of such insurance effected by the

policies and the Contractor shall be deemed to be fully aware of all the conditions, limits,

limitations, exclusions/exceptions and deductibles that are contained in the Employer arranged

policies. Copies of the Employer arranged policies are obtainable on request from the Employer

and if the Contractor is of the opinion that additional insurance is required, such shall be for the

1.3 The Employer shall pay the premium in connection with the insurances effected by the Employer.

connection with the insurances effected by the Employer.

1.4 The Contractor shall not include any premium charges for this insurance except to the extent,

which he may deem necessary in his own interests to effect supplementary insurance to the

insurance effected by the Employer. The Employer reserves the right to call for full information

regarding insurance costs included by the Contractor.

1.6 The Contractor and/or any other party who obtains indemnity under the policies effected under 1.1

shall become liable for the deductibles (first amount payable) which are applicable in respect of each

occurrence or series of occurrences attributable to one source or cause giving rise to loss or damage

or indemnifiable liability. The deductibles applicable to the policies effected under 1.1 are as follows:

a) Contract Works/Contractors Public Liability/ Removal of Lateral Support Liability

will apply in respect of each and every occurrence or series of occurrences arising out of

or in connection with any one event giving rise to loss or damage:

Section 1 Of The Policy – Contract Works

In respect of all loss or damage R150,000 but increased to R250,000 in respect of loss

or damage arising out of or in connection with testing and commissioning.

Section 2 Of The Policy – Contractors Public Liability

R75,000 each and every claim in respect of Property Damage.

Section 3 Of The Policy – Removal Of Lateral Support Liability

R75,000 each and every claim.

b) Contract Works SASRIA

In respect of theft as a result of the SASRIA perils insured - R25,000 each and every

occurrence .

c) Aviation Liability Insurance ;

In respect of each and every loss or damage or injury - US$250,000.

d) Design & Construct Professional Indemnity Insurance

a) In respect of contracts under R50 million at award – R5,000,000.

b) In respect of contracts over R50 million at award – R10,000,000

1.7 In the event of any occurrence which is likely to give rise to a claim under the insurance arranged

by the Employer, the Contractor shall:

a) In addition to any statutory requirement or other requirements contained in the Contract

immediately notify the Employer and the Employer's Insurance Brokers by telephone, mobile

phone or email giving the circumstances, nature and an estimate of the loss or damage or

liability. The Contractor must also complete the Claim Advice Form (Appendix “A” ).

D: +27 (0)11 723 1400

M: +27 (0)74 535 9075

[email protected]

b) Preserve damage and make it available for inspection by a representative of the Insurers.

c) Wherever possible, photographs of damage should be taken.

d) Inform the police authorities promptly in the event of loss or damage by theft, burglary or

any malicious persons(s) for the purpose of recovering any property so lost, discovering the

guilty person or persons, and having him, her or them duly prosecuted.

e) Advise the Insurers of any other insurance(s) which may cover the same loss, damage or

injury, or any part thereof.

f) Give to the Insurers every assistance to enable the Insurers to settle or resist any claim

against the Insured, or institute any proceedings;

g) On completion the Claims Advice Form, the form must be sent to the Employers Insurance

Brokers for further action (the original may be emailed to the Employers Insurance Broker).

(Please do not remove the Claims Advice Form out of this document. Rather photocopy the

form and send the copy to the Employers Insurance Brokers).

h) The Employer and the employers Insurance brokers / Insurers or their appointed loss

adjusters shall have the right to make all and any enquiry's on the Site of the Works or

elsewhere as to the cause and results of any such occurrence and the Contractor shall co-

operate in carrying out such enquiry's.

i) The Contractor, Project Managers and Consultants must allow free access to Insurers’

assessors for the purpose of investigating and assessing the loss or damage.

j) The Contractor must not proceed with the making good any off the loss without the

prior authorisation of the Insurers.

k) The Contractor must keep separate records of the costs involved in making good any loss

or damage and these records should be available at all times for inspection by Insurers.

equipment.

l) Where required by the Employer, negotiate the settlement of claims with the Insurer or their

appointed loss adjusters through the Employer's Insurance Brokers and shall obtain the

In addition to Clause 1.1 in respect of the insurances effected by the Employer the

following Insurances to be effected by the Contractor :

2.1 Without limiting the Contractor’s obligations, responsibilities and liabilities, the Contractor and

Sub-contractor shall maintain at the Contractor's and Subcontractor’s expense and where

applicable provide as a minimum the following insurances:

a) Insurance of Construction Plant and Equipment (including tools offices and other

temporary structures and contents) and other things (except those intended for

incorporation into the Works) brought onto the site for a sum sufficient to provide for their

replacement.

provided to the Employer.

b) Contractor’s Common Law Liability/ Worker’s Compensation Insurance

indemnity of not less than R20,000,000 and/or workmen's compensation insurance

covering personal injury to or death of the employees of the Contractor engaged in

connection with the Works to the minimum value required by applicable law.

insurance in respect of its Subcontractor’s personnel performing the Works.

the Contractor shall indemnify and hold harmless the Employer against any such claim.

provided to the Employer.

c) Motor Vehicle Liability Insurance comprising (as a minimum) "Balance of Third Party" Risks including

Passenger Liability indemnity with a limit of indemnity of not less than R5 000 000 for all owned, non-owned,

leased and hired vehicles.

d) Insurance For Buy-Down Cover Of Employer’s Deductibles

be noted by endorsement to the relevant Policies of Insurance.

any insurance maintained by the Employer.

f) Public Liability insurances in excess of the Employers Public Liability insurances as stated under clause

1.1(a).

g) Aviation Liability insurances in excess of the Employers Aviation Liability insurances as

stated under clause 1.1(c).

Agreements and Contract Data Part C1 P a g e | 29

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

40.2 The quality policy statement and quality plan are provided within 4 weeks of the Contract Date.