Nec3 term service contract (tsc3) for services at o.R. Tambo international airport

The tender is for the maintenance of glazing works under an NEC 3 Term Service Contract (TSC). The contractor must provide the service in accordance with the Service Information, maintain glazing works, and correct defects. The contract includes key people requirements, risk register, and insurance obligations.

{"name":null,"email":null,"phone":"011 921 6262","department":null,"address":"he conditions of contract identified in the Contract Data."}

Submit the completed tender schedule with all required forms and documents. The tender must include the Form of Offer and Acceptance, Pricing Data (Part C2), Scope of Work (Part C3), and Site Information (Part C4). CVs of key people must be appended to the Tender Schedule. The closing date and time are not stated in the extracted text.

Evaluation will consider the submitted price list, key personnel qualifications and experience, and compliance with the contract conditions. The contract is priced under TSC3 Option A (priced contract with price list).

No of

pages

C1.1 Form of Offer and Acceptance [3]

C1.2a Contract Data provided by the Employer [14]

[2]C1.2b C1.2b Contract Data provided by the Contractor

C1.3 Pro formas for Bonds & Guarantees [4]

C1.4 Insurance Schedule [10]

of 73

Confidential

The Contractor submits a first plan for acceptance within 30 calendar days from the Contract Date, and prepares forecasts of the final total of the Prices at intervals no longer than 4 weeks.

Name:

Job:

Responsibility:

Name:

Job:

Responsibility:

of 73

Confidential

Name:

Job:

Responsibility:

11.2 The following matters will be

included in the Risk Register 1. Manufacturing delays

2. Delivery delays

3. Commissioning challenges and delays

4. More to be included later

of 73

Confidential

Part c1: agreements and contract data

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 Organisation:

Airports company south africa

O. R. Tambo international airport

Physical Address:

Airport Company South Africa

3rd Floor ACSA North Wing Offices

OR Tambo International Airport

1627

Hereinafter referred to as “Client”

Name of organisation:

Physical Address:

Hereinafter referred to as “the Mandatary/ Principal Contractor”

of 73

Confidential

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.

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

of 73

Confidential

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 OHSAct 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 user shall be made by the Mandatary and/or their employees and or their subcontractors

of any of the Client’s machinery/article/substance/plant/personal protective equipment without

prior written approval.

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

performed prior to the obtaining of a duty 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.

of 73

Confidential

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 OHSAct 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

of 73

Confidential

Part c1: agreements and contract data

C1.4: Acsa insurance clauses

Summary of Terms and other Matters Applicable to Employer Provided Insurance

Section b: insurance clauses

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

Qualifications:

Experience:

Name:

Job:

Qualifications:

Experience:

Name:

Job:

Qualifications:

Experience:

of 73

Qualifications:

Experience:

11.2 The following matters will be

included in the Risk Register 1. Manufacturing delays

5 Preventative Maintenance Inspection work Weekly 48 R

order)

Bill 1: Sub-total A (per year) R

Bill 2:

Activity Schedule (Labour rates)

of twelve (12) months

Contents: No of

pages

Part C1 Agreements & Contract Data 33

Part C2 Pricing Data 20

Part C3 Scope of Work 20

Part C4 Site Information 3

Part C1 Agreements and Contract Data, (which includes this Form of Offer and Acceptance)

Part C2 Pricing Data

Part C3 Scope of Work: Service Information

Part C4 Site Information

and drawings and documents (or parts thereof), which may be incorporated by reference into the above listed

Part 1: The Service information (C3) and Annexes thereto shall prevail;

Part 2: The Contract Data (C1.2) and Particular Conditions of Contract;

Part 3: The General Conditions of Contract;

Part 4: The Pricing data; and

Part 5: All schedules, drawings and other documents included in this agreement.

.

of 73

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

Z12 Employer’s Step-in rights

Z12.1 If the Contractor defaults by failing to comply with his obligations and fails to remedy such default within 2

weeks of the notification of the default by the Service Manager, the Employer, without prejudice to his other

rights, powers and remedies under the contract, may remedy the default either himself or procure a third

party (including any sub Contractor or supplier of the Contractor) to do so on his behalf. The reasonable

costs of such remedial works shall be borne by the Contractor

Z12.2 The Contractor co-operates with the Employer and facilitates and permits the use of all required information,

materials and other matter (including but not limited to documents and all other drawings, CAD materials,

data, software, models, plans, designs, programs, diagrams, evaluations, materials, specifications,

schedules, reports, calculations, manuals or other documents or recorded information (electronic or

otherwise) which have been or are at any time prepared by or on behalf of the Contractor under the contract

or otherwise for and/or in connection with the works) and generally does all things required by the Service

reference pages

C2.1 Pricing assumptions: Option A 2

C2.2 The price list 19

C2.1 Pricing assumptions: Option A

It will be assumed that the Biding contractor has read Pages 14, 15 and 73 of the TSC3 Guidance Notes

before preparing the price list. Items in the price list may have been inserted by the Employer and the Biding

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 of Defects.

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 Bided total of the Prices.

R 0 - r 2 000 % r

R 2 001 - r 10 000 % r

R 10 001 - r50 000 % r

Over R R50 0000 % R

Bill 3: Sub-total A (per year) R

Cost shall be net cost (excluding VAT) of parts delivered to site with all discounts deducted.

Contract values will be increased/decreased according to the current stipulated in Statistic SA –

adjusted.

C.2.2.1 Schedule of Rates

NOTE: Unless otherwise stated herein, all rates

should include establishment

agreed discounts on tendered rates for large

quantities.

Z17.1 The Contractor shall be expected to annually present a compliant BEE Certificate and a Tax clearance Certificate. Failure to do adhere to these requirements shall be considered a material breach of the conditions of this Contract, the sanction for which may be a cancellation of this Contract. Z18 Communication Z18.1 Add a new Core Clause 14.5 and 14.6 to read as follows: The Service Manager requires the written consent of the Employer if an action will result in a change to the design, scope, and Service information that is 5% or more Z18.2 The Service Manager requires the written consent of the Employer if an action will result in the Completion Date being extended by more than 30 days. Z19 Delegation As stipulated by Section 37(2) of the Occupational Health and Safety Act No. as amended the Contractor agrees to the following: Z19.1 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. of 73 Confidential C1.2b Contract Data PART TWO – DATA PROVIDED BY THE CONTRACTOR Clause Statement Data 10.1 The Contractor is (Name): Address: Telephone No. Fax No. 11.2 The working areas are See C3 ‘Service Information’ 24.1 The Contractor’s Key people are: CV’s to be appended to Tender Schedule Name: Job: Responsibility

B-BBEE Details: e Johannesburg Bar Council, Mr. Sam Amod Gauteng [email protected]

who appoints an Arbitrator

listed in the Panel of Arbitrators Adv. Sias Ryneke SC Gauteng 083 653 2281

below [email protected]

a

Mr. Emeka Ogbugo Pretoria +27 12 349 2027

(Quantity Surveyor) [email protected]

Z16 Notification of a compensation event

Z16.1 Delete “eight weeks” in clause 61.3 and replace with “four weeks”. Delete the words “unless the event arises

from the Service Manager or the Supervisor giving an instruction, issuing a certificate, changing an earlier

decision or correcting an assumption.

Z17 BBBEE and Tax Clearance

Certificates

Z17.1 The Contractor shall be expected to annually present a compliant BEE Certificate and a Tax clearance

Certificate. Failure to do adhere to these requirements shall be considered a material breach of the

conditions of this Contract, the sanction for which may be a cancellation of this Contract.

Z18 Communication

Z18.1 Add a new Core Clause 14.5 and 14.6 to read as follows:

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

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

Z18.2 The Service Manager requires the written consent of the Employer if an action will result in the Completion

Date being extended by more than 30 days.

Z19 Delegation

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

Contractor agrees to the following:

Z19.1 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 acco

signature of Date

witness

Note: If a Bidder wishes to submit alternative Bids, use another copy of this Form of Offer and Acceptance.

of 73

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

Z2 Providing the Service:

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

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

Z18.2 The Service Manager requires the written consent of the Employer if an action will result in the Completion

Date being extended by more than 30 days.

Z19 Delegation

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

Z19.1 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.

of 73

11.2 The working areas are See C3 ‘Service Information’

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

Name:

Job:

Part c1: agreements and contract data

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).

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

user of the plant

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

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

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

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

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

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

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

assignment shall immediately be forwarded to the Client.

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

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

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

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

hazards.

they inquire into Occupational Health & Safety.

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

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

be designated in writing by the Chief Executive Officer of the Mandatary. A copy of this letter must

be made available to the Client.

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

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

his employees in this regard.

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

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

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

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

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.....................................

2.1.2 Panes exceeding 0.1m2 but not exceeding 0.5m2 m2 12

2.1.3 Panes exceeding 0.5m2 and not exceeding 2m2 m2 12

2.1.4 Panes exceeding 2m2 and not exceeding 4m2 m2 20

2.1.5 Panes exceeding 4m2 and not exceeding 6m2 m2 34

6.38mm Intruder proof normal strength laminated

3 safety glass

Panes not exceeding 0.1m2 fixed to window frames 15

3.1.1 including cleaning on completion m2

3.1.2 Panes exceeding 0.1m2 but not exceeding 0.5m2 m2 15

3.1.3 Panes exceeding 0.5m2 and not exceeding 2m2 m2 31

3.1.4 Panes exceeding 2m2 and not exceeding 4m2 m2 31

3.1.5 Panes exceeding 4m2 and not exceeding 6m2 m2 8

6mm clear louver blades 150mm wide with 8

4.1 polished Edges m2

3mm Silvered float glass copper backed mirrors 8

with10mm bevelled and polished edges fixed with

4.2 double sided adhesive tape m2

4.2.1 Mirror 600 x 1 200mm high with four screws no 8

not less than five (5) years against degradation confirming that the product conforms to that section

of SABS 1263 which pertains to the particular application of the safety glass

5.1 10.38mm Shadowlite 25

` grade A polished glass (not arrised)

` glazed in rubber gasket

` welded corners to rubber gasket (4 of per panel)

` including scaffolding

` glazing will be executed outside peak hours

` sizes varies from 1.0 x 1.0m up to 1.8 x 4.2m m2 8

5.2 10.38mm Intruder proof normal strength

` grade A polished glass (not arrised)

` glazed in rubber gasket

` welded corners to rubber gasket (4 of per panel)

` including scaffolding

` glazing will be executed outside peak hours

` sizes varies from 1.0 x 1.0m up to 1.8 x 4.2m m2 8

` grade A polished glass (not arrised)

` glazed in rubber gasket

` welded corners to rubber gasket (4 of per panel)

` including scaffolding

` glazing will be executed outside peak hours

` sizes varies from 1.0 x 1.0m up to 1.8 x 4.2m m2 15

5.6 8.76mm Shadowlite 25 (HPR)

` grade A polished glass (not arrised)

` glazed in rubber gasket

` welded corners to rubber gasket (4 of per panel)

` including scaffolding

` glazing will be executed outside peak hours

` sizes varies from 1.0 x 1.0m up to 1.8 x 4.2m m2 15

5.7 8.38mm Intruder proof clear laminated (Normal

strength) m2 15

5.8 8.76mm clear laminated Intruder proof

` grade A polished glass (not arrised)

` glazed in rubber gasket

` welded corners to rubber gasket (4 of per panel)

` including scaffolding

` glazing will be executed outside peak hours

` sizes varies from 1.0 x 1.0m up to 1.8 x 4.2m m2 15

5.9 6.38mm Shadowlite 25

` grade A polished glass (not arrised)

` glazed in rubber gasket

` welded corners to rubber gasket (4 of per panel)

` including scaffolding

` glazing will be executed outside peak hours

` sizes varies from 1.0 x 1.0m up to 1.8 x 4.2m m2 15

5.10 6.76mm Shadowlite 50 or 25 m2 15

5.11 6.38mm Shadowlite 50

` grade A polished glass (not arrised)

` glazed in rubber gasket

` welded corners to rubber gasket (4 of per panel)

` including scaffolding

` glazing will be executed outside peak hours

` sizes varies from 1.0 x 1.0m up to 1.8 x 4.2m m2 35

The contract is an NEC3 Term Service Contract (TSC3) with main Option A (priced contract with price list), dispute resolution Option W1, and secondary Options X1 (annual price adjustment for inflation), X2 (changes in law), X17 (low service damages), X18 (limitation of liability), X19 (task order), and Z (additional conditions). The law of the contract is the Republic of South Africa, language is English, and the period for reply is 7 calendar working days. The contract date is at ACSA contract signing date, starting date upon signing, service period 12 months. Payment: assessment interval between 15th day of each successive month, payment within 15 days from invoice submission, interest at Nedbank prime rate. The Employer provides Contract Works Insurance, SASRIA Special Risks, Marine & Air Cargo insurance, and Public Liability Insurance; the Contractor provides Professional Indemnity Insurance. Additional conditions include: no waiver without written agreement (Z1), fitness for purpose warranty (Z2), business rescue as termination event (Z5), limitation of liability (Z7), no cession without consent (Z8), joint and several liability for JV (Z9), anti-corruption (Z10), confidentiality (Z11), employer step-in rights (Z12), liens waiver (Z13), intellectual property (Z14), dispute resolution via adjudication and arbitration with specified panels (Z15), compensation event notification period reduced to four weeks (Z16), annual B-BBEE and tax clearance certificates required (Z17), employer consent for changes over 5% or completion date extension over 30 days (Z18), and OHSA Section 37(2) delegation (Z19).

The Contractor must provide a compliant BEE Certificate and Tax Clearance Certificate annually; failure is a material breach. The Contractor must also provide proof of aviation liability insurance cover of at least R300,000 before work starts and annually for the project duration.