Supply, install and commission fire diesel engine pump for a period of 06 months at airports company south africa cape town international airport

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drawings, CAD materials, data, software, models, plans, designs, programs, diagrams, evaluations,

1 Sum R R functionality

Supply, Install and Commission Fire Diesel Engine

Pump at CTIA for Period of Six (6) Months

Contents: Page No.

Part C1 Agreements & Contract Data

C1.1 Form of Offer and Acceptance 3

C1.2 Contract Data provided by the Employer 7

C1.2 Contract Data provided by the Contractor 1

C1.3 Insurance Schedule 1

Part C2 Pricing Data

C2.1 Pricing assumptions 1

C2.2 Price List 2

Part C3 Scope of Work

issues concerning the Mandatary. It is hereby recorded that the Client and his / her

representative shall at all times be entitled to make such an inquiry.

8.2 Without derogating from the generality of the above, the Mandatary and his

/ her responsible persons shall make available to the Client and his / her representative, on request, all

and any checklists and inspection registers required to be kept by him / her in respect of any of his / her

materials, machinery or equipment and facilities.

where airside or land side. Any person suspected of being intoxicated shall not be allowed on

the site. Any person required to take medication shall notify the relevant responsible person

thereof, as well as the potential side effects of the medication.

19.2 The Client reserves a right to do substance abuse testing and main entry points for the

the PPE issued to them at all times.

20.2 The Mandatary shall be monitoring compliance to PPE of his/her own employees at all

times, The Client can at its discretion conduct random PPE compliance inspections and

these can be recorded officially on the Client nonconformance reporting tool.

Part c1: agreements and contract data c1.2B Ecsc3 contract data part 2

set)

Inspection of shaft, sleeves, bearings, and wear rings 1 Sum R R

Replacement of worn bearings and wear rings (if

Operational testing of diesel engine (Including safety

1 Sum R R shutdown tests)

Operational testing of oil heaters (Temperature

1 Sum R R verification)

Operational testing of fire pump (Pressure and flow

1 Sum R R verification)

Functional testing of control systems (Alarm and control

1 Sum R R verification)

Vibration and temperature measurements ( 1 Sum R R

Full fire duty simulation testing ASIB 6-hr test (Complete

1 Sum R R integrated system test)

Rectification of defects identified during testing 1 Sum R R

carry out modifications to the existing base plates, and refurbish the associated fire pump assembly. The

works shall include all labour, materials, equipment, supervision, testing, and commissioning necessary to

complete the project in accordance with applicable standards and manufacturer requirements.

3.1.1. Scope of Supply and Installation

3.1.1.1 Supply of Fire Diesel Engine

• Integrate the GSM system with the diesel engine and fire pump control panel.

• Configure the system to send SMS and/or remote alerts for the following conditions:

• Pump start

• Pump stops

• Engine fault

• Low fuel level

• Low battery voltage

• Pump trip/failure

• Control Circuit failure

• General alarm conditions

• Configure remote monitoring functionality where applicable.

• Test all alarm and notification functions.

3.1.1.7 Testing and Commissioning

• Perform pre-commissioning inspections.
• Conduct operational testing of:
• Diesel engine
• Oil heaters
• Fire pump
• Control systems
• Verify pump pressure, flow, vibration, and temperature readings.

Part c4: site information c4.1 Site information

• Conduct full functional testing under simulated fire duty conditions.
• Rectify any defects identified during testing.

3.1.1.8 Documentation

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

C2 Pricing Data

C2.1 Pricing assumptions

contained.

Part c2: pricing data c2.1 Ecsc3 pricing assumptions

Part c2: pricing data c2.2 Ecsc3 price list

Part c2: pricing data c2.2 Ecsc3 price list

obligation to spend the full amount or any portion thereof if no work is carried out

Part c2: pricing data c2.2 Ecsc3 price list

Z15.1 The Contractor shall be expected to annually present a compliant BEE and 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. Z16 Communication Z16.1 Add a new Core Clause 14.5 and 14.6 to read as follows: The Project Manager requires the written consent of the Employer if an action will result in a change to the design, scope, and Works information that is 5% or more Z16.2 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. Z17 Delegation As stipulated by Section 37(2) of the Occupational Health and Safety Act No. as amended the Contractor agrees to the following: Z17.1 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 PART C1: AGREEMENTS AND CONTRACT DATA C1.2A ECSC3 CONTRACT DATA PART 1 Confidential Confidential Data provided by the Contractor (the Contractor’s Offer) The tendering contractor is advised to read both the NEC3 Engineering and Construction Short Contract (April

and the relevant parts of its Guidance Notes (ECSC3-GN) in order to understand the implications of this Data which the tenderer is required to complete. An example of the completed Data is provided on of the ECSC3 Guidance Notes. Completion of the data in full is essential to create a complete contract. 10.1 The Contractor is (Name): : Address : Tel No. : Fax No. : E-mail address : 63.2 The percentage for overheads and profit added to the Defined Cost for people is % 63.2 The percentage for overheads and profit added to other Defined Cost is % 11.2(9) The Price List is in the document called ‘Price List’ in Part C2 of this contract. 11.2(10) The offered total of the Prices is R [Enter the total of the Prices from the Price excluding VAT List]: [in words] excluding VAT PART C1: AGREEMENTS AND CONTRACT DATA C1.2B ECSC3 CONTRACT DATA PART 2 Confidential Confidential Part C1.3: Insurance Schedule Summary of Terms and other Matters Applicable to Employer Provided Insurance Part 1: Notes to Schedule: Notwithstanding anything elsewhere contained in the Contract and without limiting the obligations liabilities or responsibilities of the Contractor in any way whatsoever (including but not limited to any requirement for the provision by the Contractor of any other insurances) the Employer shall effect and maintain as appropriate in the joint names of the Employer , Contractors and Sub-Contractors, Consultants and Sub-Consultants the following insurances which are subject to the terms, limits, exceptions and conditions of the Policy: 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. PART C1: AGREEMENTS AND CONTRACT DATA C1.2B ECSC3 CONTRACT DATA PART 2 Confidential Confidential C1.4: OCCUPATIONAL HEALTH AND SAFETY AGREEMENT OCCUPATIONAL HEALTH AND SAFETY MANDATARY AGREEMENT AGREEMENT IN TERMS OF SECTION 37(2) OF THE OCCUPATIONAL HEALTH & SAFETY ACT (ACT ), AS AMENDED & CONSTRUCTION REGULATION 5.1(k) OBJECTIVES To assist Airport Company South Africa (ACSA) in order to comply with the requirements of

The Occupational Health & Safety (Act ), as amended and its regulations and

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

Construction Regulations 2014 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” ACSA” Physical Address: Airport Company South Africa The Maples, Riverwoods, 24 Johnson Road, Bedfordview, Gauteng, South Africa, 2008 P O Box 75480, Gardenview, Gauteng, South Africa, 2047 Hereinafter referred to as “Client” Name of Organization: Physical Address Hereinafter referred to as “the Mandatary/ Principal Contractor” PART C1: AGREEMENTS AND CONTRACT DATA C1.2B ECSC3 CONTRACT DATA PART 2 Confidential Confidential MANDATARY’S MAIN SCOPE OF WORK

Definitions 1.1 “Mandatary” is defined as an agent, a principal contractor or a contractor for work, or service provider appointed by the Client to execute a scope of work on its behalf, but WITHOUT DEROGATING FROM HIS/HER STATUS IN HIS/HER RIGHT AS AN EMPLOYER or user of the plant. 1.2 “Client” refers to ACSA. 1.3 “Parties” means ACSA and the Contractor, and “Party” shall mean either one of them, as the context indicates. 1.4 "Services" means the services provided by the Contractor or Stakeholder to ACSA. 1.5 “Stakeholder” refers to companies conducting business at ACSA premises or within close proximity where there is an interface with ACSA operations. 1.6 “The OHS Act” refers to Occupational Health and Safety Act , as amended. “The COID Act” refers to Compensation for Occupational Injuries and Diseases Act , as amended; and 1.7 “SHE” means Safety, Health, and Environment. 1.8 PART C1: AGREEMENTS AND CONTRACT DATA C1.2B ECSC3 CONTRACT DATA PART 2 Confidential Confidential GENERAL INFORMATION FORMING PART OF THIS AGREEMENT

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.

Section 37 of the Occupational Health & Safety Act potentially punishes Employers for unlawful acts or omissions of Mandatories where a Written Agreement between the parties has not been concluded containing arrangements and procedures to ensure compliance with the said Act BY THE MANDATORY.

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

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.

Mandatories who utilise the services of other contractors must conclude a similar Written Agreement with those companies.

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.

This Agreement shall be binding for all work the Mandatory undertakes for the Client and remains in force for the duration of the contracted period as per Main Contract signed by both parties.

The contractor shall submit all necessary documentation as per SHE File Index to the Client seven days prior to starting with any work. THE UNDERTAKING The Mandatory undertakes to comply with

REPORTING The Mandatary and/or his / her designated person shall report to the Client prior to commencing any work at the airports as well as when the activities change from the original scope of work.

WARRANTY OF COMPLIANCE 3.1 In terms of this agreement the Mandatary warrants that he / she agrees to the arrangements and procedures as prescribed by the Client and as provided for in terms of Section 37(2) of the OHS Act for the purposes of compliance with the Act. 3.2 The Mandatary further warrants that he / she and / or his / her employees undertake to maintain such compliance with the OHS Act. Without derogating from the generality of the above, or from the provisions of the said agreement, the Mandatary shall ensure that the clauses as hereunder described are at all times adhered to by himself / herself and his / her employees. 3.3 The Mandatary hereby undertakes to ensure that the health and safety of any other person on the premises is not endangered by the conduct of his / her activities and that of his / her employees.

SHE Risk Management 4.1 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. 4.2 The Mandatary shall review the risk registers as and when the scope of work changes and keep the latest version on the SHE File. PART C1: AGREEMENTS AND CONTRACT DATA C1.2B ECSC3 CONTRACT DATA PART 2 Confidential Confidential

MEDICAL EMERGENCY RESPONSE The Mandatary shall submit a detailed emergency response procedure to the Client OHS Department as part of the SHE File prior to start of work. The procedure shall stipulate how the Mandatary intends to attend to medical emergencies. In the sites where the Client has onsite clinic services, the medical staff can provide first line response and stabilise the patient however the Mandatary shall then activate its own medical response procedure and transport the patient to the medical facilities for further medical attention.

APPOINTMENTS AND TRAINING 6.1 The Mandatary shall appoint competent persons as per Section 16(2) of the OHS Act. Any such appointed person shall be trained on any occupational health and safety matter and the OHS Act provisions pertinent to the work that is to be performed under his / her responsibility. Copies of any appointments and certificates made by the Mandatary shall immediately be provided to the Client. 6.2 The Mandatary shall at the beginning of the project or activities where there are 5 people and more people working appoint a full-time dedicated Health and Safety resource whom will be dedicated to the project to ensure that Safety, Health and Environmental Requirements are met at all times. The allocated resource shall be based where the project is undertaken for the duration of the project or scope of work execution. The resource shall be trained and qualified on Occupational Health and Safety matters and the OHS Act provisions pertinent to the work that is to be carried out. 6.3 The Mandatary shall further ensure that all his / her employees are trained on the health and safety aspects relating to the work and that they understand the hazards associated with such work being carried out on the airports. Without derogating from the foregoing, the Mandatary shall, in particular, ensure that all his / her users or operators of any materials, machinery or equipment are properly trained in the use of such materials, machinery or equipment. 6.4 Notwithstanding the provisions of the above, the Mandatary shall ensure that he / she, his / her appointed responsible persons and his / her employees are at all times familiar with the provisions of the OHS Act, and that they comply with the provisions of the Act. 6.5 The Mandatary shall at all material times be responsible for all costs associated with the performance of its own obligations and compliance with the terms of this Agreement, unless otherwise expressly agreed by the Parties in writing.

SUPERVISION, DISCIPLINE AND REPORTING 7.1 The Mandatary shall ensure that all work performed on the Clients premises is done under strict supervision and that no unsafe or unhealthy work practices are permitted. Discipline regarding health and safety matters shall be strictly enforced against any of his / her employees regarding non- compliance by such employee with any health and safety matters. 7.2 The Mandatary shall further ensure that his / her employees report to him / her all unsafe or unhealthy work situations immediately after they become aware of the same and that he / she in turn immediately reports these to the Client within 48 hours with the action taken to mitigate the risk. 7.3 Where the hazard or risk identified is the responsibility of the Client to action, the Mandatary shall notify the Client OHS and Safety Department within 24 hours of becoming aware of the hazard or risk for prompt action to mitigate.

COOPERATION 8.1 The Mandatary and his/her employees shall provide full co-operation and information if and when the Client or his / her representative enquires into occupational health and safety PART C1: AGREEMENTS AND CONTRACT DATA C1.2B ECSC3 CONTRACT DATA PART 2 Confidential Confidential issues concerning the Mandatary. It is hereby recorded that the Client and his / her representative shall at all times be entitled to make such an inquiry. 8.2 Without derogating from the generality of the above, the Mandatary and his / her responsible persons shall make available to the Client and his / her representative, on request, all and any checklists and inspection registers required to be kept by him / her in respect of any of his / her materials, machinery or equipment and facilities.

WORK PROCEDURES 9.1 The Mandatary shall, after having established the dangers associated with the work performed, develop and implement mitigation measures to minimize or eliminate such dangers for the purpose of ensuring a healthy and safe working environment. 9.2 The Mandatary shall then ensure that his / her responsible persons and employees are familiar with such mitigation measures. This includes the lock out tag out processes relating to the use of machinery. 9.3 The Mandatary shall implement any other safe work practices as prescribed by the Employer and shall ensure that his / her responsible persons and employees are made conversant with and adhere to such safe work practices. 9.4 The Mandatary shall ensure that work for which a permit is required by the Employer, or any statute is not performed by his / her employees prior to the obtaining of such a permit.

HEALTH AND SAFETY MEETINGS 10.1 OHS Act requires that Health and Safety Committees be established in case where employee count exceeds 20 onsite, however due to the duration and the nature of the scope of work executed by the contractors and stakeholders enforces that regardless of employees at the airports. The Mandatary shall establish his / her own health and safety committee(s) and ensure that his / her employees, being the committee members, hold health and safety representatives to attend the Employer’s health and safety committee meetings on monthly basis. 10.2 The Mandatary Section 16(2) appointed and SHE resource shall attend the Client SHE meetings as per the schedule communicated. In cases where the Mandatary delegated resources are not able to attend the meeting, an apology shall be submitted to the Client OHS Manager 24 hours before the meeting. An alternative representative shall be deployed to attend the meeting on the half of the Mandatary. 10.3 The Mandatary appointed Section 16(2) and SHE resource shall not skip more than three SHE Committee meetings a year.

COMPENSATION REGISTRATION/INSURANCE 11.1 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 or stakeholder is in good standing with the Compensation Fund or Licensed Insurer. 11.2 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. 11.3 The Mandatary shall provide the Client with Public Liability Insurance Cover as required by the Main Contract PART C1: AGREEMENTS AND CONTRACT DATA C1.2B ECSC3 CONTRACT DATA PART 2 Confidential Confidential 11.4 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. 11.5 The Mandatary shall send updated Letter of Good Standing to the Client as and when the Mandatary receives it to ensure that the most valid version is available.

MEDICAL EXAMINATIONS 12.1 The Mandatary shall ensure that all his / her employees undergo routine medical examinations and that they are medically fit for the purposes of the work they are to perform. 12.2 Copies of such medical fitness certificates shall be made available to Client as part of the SHE file for review to ensure that they have been conducted by a reputable Occupational Health Practitioner registered with Health Professions Council of South Africa (HPCSA) as a doctor and specialist Occupational Medical Practitioner. Any other additional medical assessment shall be conducted in line with risk exposures. 12.3 Standard (Basic) medical tests shall constitute the following assessments as minimum

Individual’s history of general and previous occupational health

Comprehensive physical examination for evaluation of systemic function

Blood Pressure Measurement

B-BBEE Details: e Panel of

Arbitrators below Adv. Sias Ryneke Gauteng 083 653 2281

SC [email protected]

a

Mr. Emeka Ogbugo Pretoria +27 12 349 2027

(Quantity Surveyor) [email protected]

Z14 Notification of a compensation event

Z14.1 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.

Part c1: agreements and contract data c1.2A Ecsc3 contract data part 1

Confidential

Confidential

Z15 BBBEE and Tax Clearance

Certificates

Z15.1 The Contractor shall be expected to annually present a compliant BEE and 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.

Z16 Communication

Z16.1 Add a new Core Clause 14.5 and 14.6 to read as follows:

The Project Manager requires the written consent of the Employer if an action will result in a

change to the design, scope, and Works information that is 5% or more

Z16.2 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.

Z17 Delegation

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

amended the Contractor agrees to the following:

Z17.1 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 wi

20.1 The Mandatary shall ensure that his / her responsible persons and employees are

provided with adequate personal protective equipment (PPE) for the work they may perform

and in accordance with the requirements of General Safety Regulation 2 (1) of the OHS Act.

The Mandatary shall further ensure that his / her responsible persons and employees wear

the PPE issued to them at all times.

20.2 The Mandatary shall be monitoring compliance to PPE of his/her own employees at all

times, The Client can at its discretion conduct random PPE compliance inspections and

these can be recorded officially on the Client nonconformance reporting tool.

Part c1: agreements and contract data c1.2B Ecsc3 contract data part 2

Confidential

Confidential

20.3 The Mandatary shall keep records PPE Control cards of each employee those shall be

kept on SHE File.

21. Plant, machinery and equipment

21.1 The Mandatary shall ensure that all the plant, machinery, equipment and/or vehicles he /

she may wish to utilize on the Client premises is/are at all times of sound order and fit for the

purpose for which it/they is/are attended to, and that it/they complies/comply with the

requirements of Section 10 of the OHS Act.

21.2 Where the Mandatary equipment’s interface to the Client’s equipment’s, a joint risk

assessment shall be conducted by the Mandatary and the Client OHS department in order

for the risks to be mitigated prior to the use of such equipment’s. It is the responsibility of the

Mandatary to notify the Client OHS department of such equipment’s and machinery.

21.3 In accordance with the provisions of Section 10(4) of the OHS Act, the Mandatary hereby

assumes the liability for taking the necessary steps to ensure that any article or substance

that it erects or installs at the sites, or manufactures, sells or supplies to or for the Client,

complies with all the prescribed requirements and will be safe and without risks to health and

safety when properly used.

22. Usage of the client’s equipment

22.1 The Mandatary hereby acknowledge that his / her employees are not permitted to use

any materials, machinery or equipment of the Employer unless the prior written consent of

the Client has been obtained, in which case the Mandatary shall ensure that only those

persons authorized to make use of same, have access thereto.

22.2 The Client shall ensure that it isolates and apply LOTO on any equipment’s and

machinery where there is an unexpected start up or flow of energy. The Mandatary has a

responsibility to apply its own LOTO procedures before starting with work and post the use of

the equipment and machinery.

23. Permit management

23.1 The Mandatary shall ensure that work for which the issuing of permit to work is required

shall not be performed prior to the obtaining of a duty completed approved permit by the

Client or relevant Authority.

23.2 The Mandatory shall notify the Client of any work to be undertaken on site in order for the

Permit to Work to be issued.

24. Transportation

24.1 The Mandatary shall ensure that all road vehicles used on the sites are in a roadworthy

condition and are licensed and insured. All drivers shall have relevant and valid driving

licenses and vehicle shall carry passengers unless it is specifically designed to do so. All

drivers shall adhere to the speed limits and road signs on the premises at all times.

24.2 No employees on premises permitted in back of LDV (bakkie) and in front of LDV each

driver and passenger must have a separate seat belt.

24.3 In the event that any hazardous substances are to be transported on the premises, the

Mandatary shall ensure that the requirements of the Hazardous Substances Act

are complied with fully all times.

25. Clarification

In the event that the Mandatary requires clarification of any of the terms or provisions of this agreement,

he / she should contact the Client OHS Department.

Part c1: agreements and contract data c1.2B Ecsc3 contract data part 2

Confidential

Confidential

26. Duration of agreement

This agreement shall remain in force for the duration of the work to be performed by the Mandatary and/or

while any of the Mandatary’s employees are present on the Client site.

27. Non-compliance with the agreement

If Mandatary fails to comply with any provisions of this agreement, the Client shall be entitled to give the

Fourteen (14) days’ notice in writing to remedy such noncompliance and if the Mandatary fails to comply

with such notice, then the Client shall forthwith be entitled but not obliged, without prejudice to any other

rights or remedies which the Mandatary may have in law,

❖ Apply penalties as stipulated on the main contract between Mandatory and the Client.

❖ To claim immediate performance and/or payment of such obligations.

❖ Should Mandatary continue to breach the contract on three occasions for the same deviation, then

the Client is authorised to suspend the main contract without complying with the condition stated in

clause above.

signature of

witness Date

Note: If a tenderer wishes to submit alternative tender offers, further copies of this document may be used for that purpose, duly

endorsed, ‘Alternative Tender No. _____ ‘

Part c1: agreements and contract data c1.1 Ecsc3 form of offer and acceptance

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.

Z3 Other responsibilities:

Z4 Extending the defects date:

Part c1: agreements and contract data c1.2A Ecsc3 contract data part 1

change to the design, scope, and Works information that is 5% or more

Z16.2 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.

Z17 Delegation

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

amended the Contractor agrees to the following:

Z17.1 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

Part c1: agreements and contract data c1.2A Ecsc3 contract data part 1

C1.4: Occupational health and safety agreement

Agreement in terms of section 37(2) of the occupational health & safety act

(ACT ), AS AMENDED & 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 ), as amended and its regulations and
2. The Compensation for Occupational Injuries & Diseases Act (Act ) also known as

the (COID Act).

3. Construction Regulations 2014

the plant.

1.2 “Client” refers to ACSA.

1.3 “Parties” means ACSA and the Contractor, and “Party” shall mean either one of them, as the

context indicates.

1.4 "Services" means the services provided by the Contractor or Stakeholder to ACSA.

1.5 “Stakeholder” refers to companies conducting business at ACSA premises or within close

proximity where there is an interface with ACSA operations.

1.6 “The OHS Act” refers to Occupational Health and Safety Act , as amended.

“The COID Act” refers to Compensation for Occupational Injuries and Diseases Act , as

amended; and

1.7 “SHE” means Safety, Health, and Environment.

1.8

Part c1: agreements and contract data c1.2B Ecsc3 contract data part 2

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

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

b) Section 37 of the Occupational Health & Safety Act potentially punishes Employers for

unlawful acts or omissions of Mandatories where a Written Agreement between the parties

has not been concluded containing arrangements and procedures to ensure compliance

with the said Act BY THE MANDATORY.

c) All documents attached or refer to in the above Agreement form an integral part of the

d) 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.

e) Mandatories who utilise the services of other contractors must conclude a similar Written

f) 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.

g) This Agreement shall be binding for all work the Mandatory undertakes for the Client and

remains in force for the duration of the contracted period as per Main Contract signed by

both parties.

h) The contractor shall submit all necessary documentation as per SHE File Index to the Client

seven days prior to starting with any work.

3.1 In terms of this agreement the Mandatary warrants that he / she agrees to the arrangements

and procedures as prescribed by the Client and as provided for in terms of Section 37(2) of

the OHS Act for the purposes of compliance with the Act.

3.2 The Mandatary further warrants that he / she and / or his / her employees undertake to

maintain such compliance with the OHS Act. Without derogating from the generality of the

above, or from the provisions of the said agreement, the Mandatary shall ensure that the

clauses as hereunder described are at all times adhered to by himself / herself and his / her

employees.

3.3 The Mandatary hereby undertakes to ensure that the health and safety of any other person

on the premises is not endangered by the conduct of his / her activities and that of his / her

employees.

4.1 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.

4.2 The Mandatary shall review the risk registers as and when the scope of work changes and

keep the latest version on the SHE File.

Part c1: agreements and contract data c1.2B Ecsc3 contract data part 2

part of the SHE File prior to start of work. The procedure shall stipulate how the Mandatary intends to

attend to medical emergencies. In the sites where the Client has onsite clinic services, the medical staff

can provide first line response and stabilise the patient however the Mandatary shall then activate its own

medical response procedure and transport the patient to the medical facilities for further medical attention.

6.1 The Mandatary shall appoint competent persons as per Section 16(2) of the OHS Act. Any

such appointed person shall be trained on any occupational health and safety matter and the

responsibility. Copies of any appointments and certificates made by the Mandatary shall

immediately be provided to the Client.

6.2 The Mandatary shall at the beginning of the project or activities where there are 5 people and

more people working appoint a full-time dedicated Health and Safety resource whom will be

dedicated to the project to ensure that Safety, Health and Environmental Requirements are

met at all times. The allocated resource shall be based where the project is undertaken for

the duration of the project or scope of work execution. The resource shall be trained and

qualified on Occupational Health and Safety matters and the OHS Act provisions pertinent to

the work that is to be carried out.

6.3 The Mandatary shall further ensure that all his / her employees are trained on the health and

safety aspects relating to the work and that they understand the hazards associated with

such work being carried out on the airports. Without derogating from the foregoing, the

machinery or equipment are properly trained in the use of such materials, machinery or

equipment.

6.4 Notwithstanding the provisions of the above, the Mandatary shall ensure that he / she, his /

her appointed responsible persons and his / her employees are at all times familiar with the

provisions of the OHS Act, and that they comply with the provisions of the Act.

6.5 The Mandatary shall at all material times be responsible for all costs associated with the

performance of its own obligations and compliance with the terms of this Agreement, unless

otherwise expressly agreed by the Parties in writing.

7.1 The Mandatary shall ensure that all work performed on the Clients premises is done under

strict supervision and that no unsafe or unhealthy work practices are permitted. Discipline

regarding health and safety matters shall be strictly enforced against any of his / her

employees regarding non- compliance by such employee with any health and safety matters.

7.2 The Mandatary shall further ensure that his / her employees report to him / her all unsafe or

unhealthy work situations immediately after they become aware of the same and that he /

she in turn immediately reports these to the Client within 48 hours with the action taken to

mitigate the risk.

7.3 Where the hazard or risk identified is the responsibility of the Client to action, the Mandatary

shall notify the Client OHS and Safety Department within 24 hours of becoming aware of the

hazard or risk for prompt action to mitigate.

8.1 The Mandatary and his/her employees shall provide full co-operation and information if and

when the Client or his / her representative enquires into occupational health and safety

Part c1: agreements and contract data c1.2B Ecsc3 contract data part 2

9.1 The Mandatary shall, after having established the dangers associated with the work

performed, develop and implement mitigation measures to minimize or eliminate such

dangers for the purpose of ensuring a healthy and safe working environment.

9.2 The Mandatary shall then ensure that his / her responsible persons and employees are

familiar with such mitigation measures. This includes the lock out tag out processes relating

to the use of machinery.

9.3 The Mandatary shall implement any other safe work practices as prescribed by the Employer

and shall ensure that his / her responsible persons and employees are made conversant with

and adhere to such safe work practices.

9.4 The Mandatary shall ensure that work for which a permit is required by the Employer, or any

statute is not performed by his / her employees prior to the obtaining of such a permit.

10.1 OHS Act requires that Health and Safety Committees be established in case where

employee count exceeds 20 onsite, however due to the duration and the nature of the scope

of work executed by the contractors and stakeholders enforces that regardless of employees

at the airports. The Mandatary shall establish his / her own health and safety committee(s)

and ensure that his / her employees, being the committee members, hold health and safety

representatives to attend the Employer’s health and safety committee meetings on monthly

basis.

10.2 The Mandatary Section 16(2) appointed and SHE resource shall attend the Client SHE

meetings as per the schedule communicated. In cases where the Mandatary delegated

resources are not able to attend the meeting, an apology shall be submitted to the Client

OHS Manager 24 hours before the meeting. An alternative representative shall be deployed

to attend the meeting on the half of the Mandatary.

10.3 The Mandatary appointed Section 16(2) and SHE resource shall not skip more than three

Health Practitioner registered with Health Professions Council of South Africa (HPCSA) as a

doctor and specialist Occupational Medical Practitioner. Any other additional medical

assessment shall be conducted in line with risk exposures.

12.3 Standard (Basic) medical tests shall constitute the following assessments as minimum:

• Individual’s history of general and previous occupational health
• Comprehensive physical examination for evaluation of systemic function
• Blood Pressure Measurement
• Weight, Height, and Body Mass Index
• Urine screening
• Drug screening
• Audio screening
• Lung Function Test
• Keystone eye test
• Work at Height Questionnaire
• Muscular skeletal questionnaire

13.1 All Safety, Health and Environmental Incidents shall be reported to the Client OHS and

14.1 The Mandatary shall notify the Client of any subcontractor he / she may wish to source to

perform work on his / her behalf on the Client premises. It is hereby recorded that all the

terms and provisions contained in this clause shall be equally binding upon the subcontractor

Part c1: agreements and contract data c1.2B Ecsc3 contract data part 2

prior to the subcontractor commencing with the work. Without derogating from the generality

of this paragraph:

14.2 The Mandatary shall ensure that the sub-contractor meets all the requirements and is

competent for the scope of work contracted for. This includes that approval of the SHE file;

16.1 The Mandatary shall ensure that all his / her employees are familiar with fire precautions

at the site(s), which includes fire-alarm signals and emergency exits, and that such

precautions are adhered to.

16.2 This includes participating on planned and unplanned emergency drills organised the

19.1 Entry to the airside is subjected to Aviation Safety Requirements in line with Client

19.3 Intoxication limits shall be adhered to as stipulated on Client Substance Abuse Policy.

19.4 Records of substance abuse testing shall be filed on the SHE File and made available to

the Employer on request.

20. Personal protective equipment

20.1 The Mandatary shall ensure that his / her responsible persons and employees are

provided with adequate personal protective equipment (PPE) for the work they may perform

and in accordance with the requirements of General Safety Regulation 2 (1) of the OHS Act.

20.3 The Mandatary shall keep records PPE Control cards of each employee those shall be

kept on SHE File.

21.1 The Mandatary shall ensure that all the plant, machinery, equipment and/or vehicles he /

she may wish to utilize on the Client premises is/are at all times of sound order and fit for the

purpose for which it/they is/are attended to, and that it/they complies/comply with the

requirements of Section 10 of the OHS Act.

21.2 Where the Mandatary equipment’s interface to the Client’s equipment’s, a joint risk

assessment shall be conducted by the Mandatary and the Client OHS department in order

for the risks to be mitigated prior to the use of such equipment’s. It is the responsibility of the

Mandatary to notify the Client OHS department of such equipment’s and machinery.

21.3 In accordance with the provisions of Section 10(4) of the OHS Act, the Mandatary hereby

assumes the liability for taking the necessary steps to ensure that any article or substance

that it erects or installs at the sites, or manufactures, sells or supplies to or for the Client,

complies with all the prescribed requirements and will be safe and without risks to health and

safety when properly used.

22. Usage of the client’s equipment

22.1 The Mandatary hereby acknowledge that his / her employees are not permitted to use

any materials, machinery or equipment of the Employer unless the prior written consent of

the Client has been obtained, in which case the Mandatary shall ensure that only those

persons authorized to make use of same, have access thereto.

22.2 The Client shall ensure that it isolates and apply LOTO on any equipment’s and

machinery where there is an unexpected start up or flow of energy. The Mandatary has a

responsibility to apply its own LOTO procedures before starting with work and post the use of

the equipment and machinery.

24.1 The Mandatary shall ensure that all road vehicles used on the sites are in a roadworthy

condition and are licensed and insured. All drivers shall have relevant and valid driving

licenses and vehicle shall carry passengers unless it is specifically designed to do so. All

drivers shall adhere to the speed limits and road signs on the premises at all times.

24.2 No employees on premises permitted in back of LDV (bakkie) and in front of LDV each

driver and passenger must have a separate seat belt.

24.3 In the event that any hazardous substances are to be transported on the premises, the

he / she should contact the Client OHS Department.

Part c1: agreements and contract data c1.2B Ecsc3 contract data part 2

employees will at all times comply with the following conditions:

a) 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.

b) The Mandatary shall be assigned the responsibility in terms of Section 16(1) of the OHS

Act , 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.

c) 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.

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

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

ACSA Permits 4 Each R410,00 R 2050

General Awareness Security Training 4 Each R2100 R

Parking Permits 2 Sum R 500 R 500

Safety Compliance Documents (Safety File) 1 Sum R R

Transportation, Material Delivery, Lifting or Riging 1 Sum R R

set)

Supply of cooling system components 1 Sum R R

Supply of safety shutdown devices (Low oil pressure,

• Supply a new diesel-driven fire pump engine suitable for the existing fire pump duty and

performance requirements.

• Ensure the engine complies with applicable fire protection standards and local regulations.
• Supply all accessories required for complete operation, including:
• Batteries and battery rack
• Fuel lines and fittings
• Flexible couplings
• Exhaust system components
• Anti-vibration mountings
• Cooling system components
• Safety shutdown devices
• Oil heaters

3.1.1.2 Installation of Oil Heaters

• Inspect shaft, sleeves, bearings, wear rings, and casing.
• Replace worn or damaged components where necessary.
• Clean and repaint refurbished components.
• Reassemble pump in accordance with manufacturer specifications

3.1.1.5 Alignment and Installation

Health and Safety requirements Part C1.3

Environmental requirements

SANS 10287: Fire sprinklers

Relevant safety and electrical codes (SANS 10142-1 for wiring)

Site regulations and access control

Technical specifications:

SANS 10400: Code of Practice for the Application of the

National Building Regulations

SANS 10287: Fire sprinklers

Relevant safety and electrical codes (SANS 10142-1 for wiring)

Asib

4. Constraints on how the Contractor Provides the Works

Execution of Work and Personnel Requirements

All work must be executed by qualified technicians or artisans. These individuals, including supervisory staff,

shall possess specific training and substantial experience in fire engine systems, as outlined in the scope of

work.

Part c4: site information c4.1 Site information

Confidential

maintained to the reasonably practicable level of hygiene and cleanliness. In this regard, no loose

materials shall be left lying about unnecessarily and the work site shall be cleared of waste material

regularly and on completion of the work.

fire pump installation

Disposal of waste materials and housekeeping 1 Sum R R