Supply, installation, testing and commissioning of new mechanical gates and electric motors at upington international airport (utn 7710)

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{"name":null,"email":"[email protected]","phone":"021 937 1200","department":null,"address":"e conditions of contract identified"}

No eligibility criteria specified

Upington Airport has multiple entrances and access gates providing entry to its premises and operational

yards. A condition assessment has revealed that the majority of the installed gate motors are either non-

operational or functioning inadequately. The motors that remain operational exhibit significantly reduced

opening and closing speeds, while several units have deteriorated due to the absence of a structured

preventive maintenance programme.

In addition, both the gate motors and some gate structures are in a poor state of repair. This condition

compromises the effectiveness of the airport’s security and access control systems, increasing the risk of

unauthorized access and security breaches. Consequently, the current state of the access gates may

result in non-compliance with aviation security requirements, including the security principles and access

control measures prescribed under ICAO Annex 17.

It is therefore recommended that the gate motors and associated gate infrastructure be repaired,

refurbished, or replaced as a matter of priority, and that a preventative maintenance programme be

implemented to ensure reliable operation, regulatory compliance, and the integrity of airport security.

Goal

To restore and upgrade the functionality, reliability, and security of all access gates and gate motors at

Upington Airport, ensuring effective access control, compliance with ICAO Annex 17 requirements, and

the protection of airport infrastructure, personnel, and operations.

Objectives

a) Assess Existing Infrastructure

o Conduct a comprehensive condition assessment of all gate motors, gates, control systems,

and associated electrical installations.

b) Repair and Replace Defective Equipment

o Repair serviceable gate motors and replace units that are beyond economical repair.

o Repair or replace damaged gate structures and supporting hardware.

c) Improve Access Control and Security

o Ensure all access gates operate reliably and provide controlled access to authorized

personnel and vehicles only.

o Reduce the risk of unauthorized entry and security breaches.

d) Enhance Operational Efficiency

o Improve gate opening and closing speeds to support efficient traffic flow and operational

activities.

o Minimize downtime caused by equipment failures.

e) Ensure Regulatory Compliance

o Align access control infrastructure with ICAO Annex 17 requirements and applicable airport

security standards.

o Address audit findings and security vulnerabilities related to perimeter access control.

f) Implement a Preventive Maintenance Programme

o Establish routine inspection, servicing, and maintenance schedules for all gate motors and

gate systems.

o Maintain accurate maintenance records and asset histories.

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g) Improve Asset Reliability and Lifecycle

o Extend the service life of gate motors and gate infrastructure through proper maintenance

and timely interventions.

o Reduce long-term maintenance costs and emergency repairs.

h) Strengthen Airport Security Posture

o Ensure continuous availability and functionality of all critical access points.

o Support safe and secure airport operations through reliable perimeter and access control

systems.

2. Project Scope of Work & Specification

a. Install new gate and motor at Entrance to Airside via the Fuel Depot, that complies with

ACSA perimeter fence specification

• Gate frame to be a minimum of 76 x 60 x 2 mm rectangular hollow section

frame, with minimum 100 x 60 mm x 2 mm base rail. Minimum 2 x 100mm

Diameter nylon caster wheels with 12 mm diameter high tensile steel bolt and

bush sleeve.

• 3000 mm high, 7500 mm wide sliding gate
• 1x Gate Motor with Industrial Heavy Duty Gate Motor (2x 7.2Ah 12V batteries)
• Sliding gates shall be controlled manually or by means of an electronically

controlled industrial type of motor. Beams sensors to be provided if

electronically controlled to prevent collision of gate with passing vehicle.

• Gate frame to be hot dip galvanized as per ISO 1461:2009.
• Temper proof, Cut resistant, Anti-hold and Anti climb features, Anti-burrow
• Finish to remain hot dip galvanized unless elsewhere specified. Contractor to

ensure all drillings and fixings to be manufactured prior to hot dip galvanizing

process.

• All fixing bolts shall be vandal proof.
• Minimum gap between the underside of gate and road level shall not exceed

50mm.

• Also refer to the detailed drawings (FS02, FS03 & FS06) and the Perimeter

Security Fence Specification, to be provided to bidders who attended the

briefing session as an addendum.

b. Replace existing Gate Motors with Industrial Heavy Duty Gate Motors (2x 7.2Ah 12V

batteries)

• 1x motor – Main Water Pump Station
• 2x motors – double gate at Cargo Entrance
• 2x motors – Main Gate to Airside
• 2x motors – double gate at Terminal Entrance from main road
• 1x motor – Fuel Depot Entrance
• 1x motor – GA Entrance
• 1x motor – GA Gate entrance to Airside

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Work Requirements

Title Date or Tick if publicly

revision available

General Specifications:

ICAO Annex 17 – Aviation Security requirements

South African Civil Aviation Regulations (SACARs).

Airports Company South Africa (ACSA) security standards and

specifications where applicable.

Occupational Health and Safety Act (Act )

SANS standards for electrical installations and motorized

gates.

Local municipal electrical and building regulations.

7. Constraints on how the Contractor Provides the Works

7.1 Meetings

Regular meetings of a general shall be convened and chaired by the designated person as shown in the table

below.

Approximate Time &

Title and Purpose Location Chairperson Required Attendance

Interval

Kick-off Meeting 90 minutes UPN Offices Project Manager - SCM

• To discuss implementation Once off (boardroom to be - The Project Manager

strategy and agree timelines confirmed with the - The Contractor

meeting request)

Construction Progress 60 minutes UPN Offices The Contractor - The Project Manager

• To track progress as per Bi weekly (boardroom to be - The Contractor

approved programme confirmed with the

• To discuss claims related meeting request)

issues

• To discuss Health & Safety

performance

Risk Reduction 60 minutes UPN Offices Project Manager - The Project Manager

• To discuss means to mitigate Bi weekly (boardroom to be - The Contractor

identified risks that can have confirmed with the

an impact on project meeting request)

execution.

Compensation Events As and when required UPN Offices Project Manager - The Project Manager

• To discuss compensation (boardroom to be - The Contractor

events that the Contractor has confirmed with the

submitted meeting request)

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7.2 Use of standard forms

All NEC forms shall be used as stipulated in the NEC 3 clauses.

7.3 Invoicing and payment

In terms of core clause 50 the Contractor assesses the amount due and applies to the Employer for payment.

The Contractor applies for payment with a tax invoice addressed to the Employer as follows:

The Contractor includes the following information on each tax invoice:

• Name and address of the Contractor
• The contract number and title;
• Contractor’s VAT registration number;
• The Employer’s VAT registration number 1993/004149/30;
• The total Price for Work Done to Date which the Contractor has completed;
• Other amounts to be paid to the Contractor;
• Less amounts to be paid by or retained from the Contractor;
• The change in the amount due since the previous payment being the invoiced amount - excluding VAT,

the VAT and including VAT;

• ACSA BPA No. to be included for every invoice received

The Contractor attaches the detail assessment of the amount due to each tax invoice showing the Price for

Work Done to Date for each item in the Price List for work which he has completed.

The invoice to be submitted electronically via an e-mail to [email protected]

7.4 Records of Defined Cost

In order to substantiate the Defined Cost of compensation events, the Employer may require the Contractor to

keep records of amounts paid by him for people employed by the Contractor, Plant and Materials, work

subcontracted by the Contractor and Equipment. [See clause 11.2(5) and 63.2]. State in what form these

records are to be kept and how accessed by the Employer.

7.5 BBBEE and Preferencing scheme

None

7.6 Facilities to be provided by the Contractor

None

7.7 Title to material

The Contractor shall notify the Project Manager in writing regarding all material and equipment that is to be

removed from site as a result of this project and no equipment shall be removed offsite without prior approval.

7.8 Design by the Contractor

None

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8. Requirements for the programme

The Contractor is required to submit a program for approval within 14 days of the award of this contract.

This program shall be subject to discussion and review by the Project Manager prior to acceptance.

The Contractor’s proposed construction program shall be in the form of a bar chart (Gantt chart) or any

other time-activity form acceptable to the Project Manager. The program shall clearly show:

(i) The proposed rate of progress in order to complete the Works within the required period as

tendered, showing the various activities, their durations and proposed resourcing levels (major

plant and labour) for each element of the Works. Sufficient detail shall be provided to enable

the Project Manager to be able to gauge construction progress. All activities, including

establishment on site, trimming and finishing and the completion of all minor ancillary works

are to be included in the program.

(ii) The sequence of activities and any dependencies (time or resource related) between them.

(iii) The critical path activities.

(iv) Key dates in respect of work to be carried out, or information, etc., to be provided, by others.

(v) The anticipated value of work to be done during each month.

(vi) Other information specifically required by the Project Manager.

When drawing up his programme, the Contractor shall, inter alia, take into consideration and make

allowance for:

(i) Expected weather conditions and its effects.

(ii) Known physical conditions or artificial obstructions.

(iii) Obtaining permits for all workers and staff, vehicle permits, vehicle operating permits for

drivers and operators and radio operators.

(iv) The accommodation and safeguarding of public and traffic.

(v) Dealing with, altering and installing services.

(vi) The reasonable requirements and programmes of the Employer.

(vii) All other actions required in terms of this contract.

The following details shall be submitted together with the programme.

(i) The number of working hours per day, working days per week, assumed holiday or shut down

periods on which the programme is based.

(ii) The overall labour and major plant resource levels on which the programme is based.

(iii) The detailed traffic and construction plant accommodation proposals on which the programme

is based.

The Contractor shall base its initial programme of work on the scope of the work as described in the project

specification and the schedule of quantities. This programme shall be reviewed on a regular basis by the

Contractor in accordance with changing circumstances, delays and amendments to the work ordered by

the Engineer as a result of further examinations made by the Project Manager.

Minor revisions to the approved program may be introduced from time to time by mutual agreement

between the Employer, the Contractor. Should the Project Manager believe that a major revision of the

program is required, the Contractor will be notified in writing and a revised program shall be submitted

within two weeks of receipt of such notification.

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It should be noted that it is in the Contractor’s interest to provide a comprehensive program giving as much

information as possible about the times allowed for the various activities as well as resources or other

limitations affecting the program, since the approved program may be used to evaluate any claims in terms

of the general conditions of contract for extensions of time.

6. Services and other things provided by the Employer

a. The Employer will make available a potable water connection for domestic purposes only. The

Contractor shall supply all connections and distribution pipes as necessary plus a meter and shall bear

all costs in connection therewith. The Contractor will bear the cost of water consumed.

The Contractor shall make his own arrangements for his construction water supply requirements as

necessary and bear all costs in connection therewith.

b. The Employer will only be able to make a single phase, 220 volts, power supply available to the

Contractor for domestic purposes. The contractor shall be liable for all costs associated with

transferring power to the required locations, the provision of a meter and the cost of power consumed.

The Contractor shall make his own arrangements for his construction power supply requirements as

necessary and bear all costs in connection therewith.

c. A suitable area will be made available to the Contractor for his camp. The Contractor shall provide a

suitable fence around his camp in order to define its boundaries clearly.

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Part C4: Site Information

C4.1: Information about the site at time of tender which may affect the work in this contract

1. Access Limitations

• Access into site will be restricted to permitted personnel through an ACSA permit system and as such

all personnel who will forming part of staff that will be executing the works shall attend Airside Induction

Training.

• The site is a National Key point and bidders must comply with the requirements.
• No access will be granted without a clear “pass” of the breathalyser test, anyone who fails a

breathalyser test will be removed from site and no access will be granted again.

Description of the Site and its surroundings

The site comprises a fully operational airport with multiple vehicular and pedestrian access points serving

landside, airside, maintenance, operational and security-controlled areas. The works include access gates

located throughout the airport precinct, including perimeter and restricted access areas. Upington Airport will

remain operational throughout the duration of the contract. Access to the work areas shall be coordinated with

Airport Management and Airport Security. The Contractor shall ensure that airport operations, security,

emergency access routes, and operational activities are not adversely affected by the Works. Access gates

may need to remain operational during construction, requiring phased implementation or temporary access

arrangements.

The airport is a security-sensitive facility. Personnel, vehicles and equipment entering the airport shall comply

with airport security procedures. Access to restricted and airside areas shall be subject to approval by Airport

Management. The Contractor shall comply with ICAO Annex 17 Aviation Security requirements, SACAA

regulations and airport security procedures.

The Contractor is deemed to have allowed for the following site conditions:

• High ambient temperatures typical of the Northern Cape region.
• Exposure to direct sunlight and ultraviolet radiation.
• Windblown dust and sand.
• Seasonal rainfall and thunderstorms.
• Operation in an outdoor environment subject to varying weather conditions.

Existing electrical supplies and access control services are available at certain gate locations. The Contractor

shall verify the condition and suitability of existing services before connecting any new equipment.

Normal working hours shall be agreed with the Project Manager and Airport Management. Any work affecting

airport operations or security-critical infrastructure may be restricted to specific times as directed by the

Employer.

Part c4: site information c4.1 Site information

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The works information includes requirements for the use of standard forms as stipulated in NEC3 clauses, and states that the approved program may be used to evaluate any claims. The contractor must conduct a comprehensive condition assessment of all gate motors, gates, control systems, and ensure continuous availability and functionality of all critical access points.

Project name and number : mechanical gates replacement

: Utn 7710

Title of project: supply, installation, testing and commissioning of new

(Registration Number : 1993/004149/30)

and ....................................................................

(Registration Number: .......................................)

for SUPPLY, INSTALLATION, TESTING AND COMMISSIONING OF

procurement of service provider for the supply, installation, testing and commissioning of new

mechanical gates and electric motors at Upington international Airport.

A1 Site establishment & preliminaries Item 1

A2 Sliding gate fabrication & installation No. 1

A3 Nylon caster wheels No. 2

A4 Track rail metres 8

A5 Guide rollers & stops Item 1

A6 Hot dip galvanizing Item 1

A7 Security features Item 1

A8 Vandal-proof fixings Item 1

A9 Civil works Item 1

A10 Gate motor No. 1

A11 Battery backup Set 1

A12 Beam sensors Set 1

A13 Electrical works Item 1

A14 Testing & commissioning Item 1

B1.1 Gate motors supply No. 10

B1.2 Battery backup Set 10

B2.1 Remove existing motors No. 10

B2.2 Install motors No. 10

B2.3 Electrical connections No. 10

B2.4 Calibration No. 10

B2.5 Testing motors No. 10

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Contents: No of pages

Part C1 Agreements & Contract Data 18

Part C2 Pricing Data 4

Part C3 Works Information 14

Part C4 Site Information 2

of 27

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

Part c2: pricing data c2.2 Ecsc3 price list

Hereinafter referred to as “the Mandatary/ Principal Contractor”

Part c2: pricing data c2.2 Ecsc3 price list

Part c2: pricing data c2.2 Ecsc3 price list

C2 pricing data

C2.1 Pricing Assumptions

Part c2: pricing data c2.2 Ecsc3 price list

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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 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, 2013) and the relevant parts of its Guidance Notes 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 C2.2 of this contract. 11.2(10) The offered total of the Prices is R ............................ (excluding VAT) ............................................................ .............................. in words (excluding VAT) Confidential Confidential PART C1.3 INSURANCE INSURANCE CLAUSES FOR CAPEX PROJECTS The successful bidder must source the following insurance cover, which is the deductible in the ACSA insurance cover

Aviation liability insurance cover for an indemnity limit not less than R300 000 (three hundred thousand rands).

Submit proof of insurance to ACSA before the work starts, and annually for the duration of the project. C1.4 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

The Occupational Health & Safety (Act )and its regulations and

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 UPINGTON INTERNATIONAL AIRPORT Physical Address: Airports Company South Africa SOC Limited Upington International Airport Diedricks Street Upington Northern Cape South Africa 8801 Hereinafter referred to as “Client” Name of organisation: Physical Address: PART C2: PRICING DATA C2.2 ECSC3 PRICE LIST Confidential Confidential Hereinafter referred to as “the Mandatary/ Principal Contractor” PART C2: PRICING DATA C2.2 ECSC3 PRICE LIST Confidential Confidential MANDATORY’S MAIN SCOPE OF WORK 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.

“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

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.

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

To perform in terms of this agreement Mandatories 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 their own Mandatories (contractors) must conclude a similar Written Agreement with them.

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 Mandatary undertakes for the client.

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

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.

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.

Public Liability Insurance Cover as required by the Subcontract Agreement.

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. PART C2: PRICING DATA C2.2 ECSC3 PRICE LIST Confidential Confidential 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

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.

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.

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.

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.

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.

The Mandatary shall ensure that discipline regarding Occupational Health & Safety shall be strictly enforced.

Any personal protective equipment required shall be issued by the Mandatary to his/her employees and shall be worn at all times.

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.

No unsafe equipment/machinery and/or articles shall be used by the Mandatary or contractor on the Client’s premises.

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.

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.

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.

B-BBEE Details: o 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]

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.

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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 with the

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:

Add the following as a new clause 42.5:

Z4.1 If the Employer cannot use the works due to a Defect, which arises after Completion and before the

defects date, the defects date is delayed by a period equal to that during which the Employer, due

to a Defect, is unable to use the works.

Z4.2 If part of the works is replaced due to a Defect arising after Completion and before the defects date,

the defects date for the part of the works which is replaced is delayed by a period equal to that

between Completion and the date by when the part has been replaced.

Z4.3 The Project Manager notifies the Contractor of the change to a defect date when the delay occurs.

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

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

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.

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

Part c2: pricing data c2.2 Ecsc3 price list

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

D1 Specification compliance Item 1

D2 As-built drawings Item 1

D3 Training Item 1

D4 Health & Safety Item 1

D5 Operation & Maintenance Manual Item 1

D6 Passwords and End User Licenses Item 1

refurbished, or replaced as a matter of priority, and that a preventative maintenance programme be

implemented to ensure reliable operation, regulatory compliance, and the integrity of airport security.

ICAO Annex 17 – Aviation Security requirements

South African Civil Aviation Regulations (SACARs).

Airports Company South Africa (ACSA) security standards and

specifications where applicable.

Occupational Health and Safety Act (Act )

Kick-off Meeting 90 minutes UPN Offices Project Manager - SCM

• To discuss implementation Once off (boardroom to be - The Project Manager

strategy and agree timelines confirmed with the - The Contractor

meeting request)

Construction Progress 60 minutes UPN Offices The Contractor - The Project Manager

• To track progress as per Bi weekly (boardroom to be - The Contractor

approved programme confirmed with the

• To discuss claims related meeting request)

issues

• To discuss Health & Safety

performance

Risk Reduction 60 minutes UPN Offices Project Manager - The Project Manager

• To discuss means to mitigate Bi weekly (boardroom to be - The Contractor

identified risks that can have confirmed with the

an impact on project meeting request)

execution.

emergency access routes, and operational activities are not adversely affected by the Works. Access gates

may need to remain operational during construction, requiring phased implementation or temporary access

arrangements.

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.

E-mail address [email protected]

11.2(11) The works are The supply, installation, testing and

commissioning of new mechanical gates and

electric motors at Upington International Airport.

11.2(13) The Works Information is in the document called ‘Works Information’ in Part

C3 of this contract.

11.2(12) The Site Information is in the document called ‘Site Information’ in Part

C4 of this contract.

11.2(12) The site is Upington International Airport

30.1 The starting date is. Upon signing of the contract by ACSA.

11.2(2) The completion date is. 6 Months after signing of the contract by ACSA.

13.2 The period for reply is 7 (seven) days

40 The defects date is Twelve (12) months after Completion of the

whole of the works

41.3 The defect correction period is 2 (two) weeks

50.1 The assessment day is the On the 15th of each successive month upon

receipt of a valid tax invoice.

50.5 The delay damages are Amount per day is 0.05%, to the maximum of

10% of the Contract value

50.6 The retention is 5% of the Contract value

51.2 The interest rate on late payment is The prime lending rate of the Nedbank Bank. as

determined from time to time.

80.1 The Contractor is not liable to the Employer

for loss of or damage to the Employer’s Refer to Part C1.3

property in excess of the total liability

incurred and/or damages suffered to the

employer's property

82.1 The Employer provides this insurance Refer to Part C1.3

82.1 The minimum amount of cover for the third

insurance stated in the Insurance Table is: Whatever the Contractor deems necessary in

addition to that provided by the Employer.

82.1 The minimum amount of cover for the As prescribed by the Compensation for

fourth insurance stated in the Insurance Occupational Injuries and Diseases Act No. 130

Table is: of 1993 and the Contractor’s common law

liability for people falling outside the scope of

the Act.

between Completion and the defects date stated in the Contract Data.

Z5 Termination

Z6 Cession, delegation and assignment

Z6.1 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.

Z6.2 The Employer may cede and delegate its rights and obligations under this contract to any person

or entity.

Z7 Joint and several liability

Z7.1 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.

Z7.2 The Contractor shall, within 1 week of the Contract Date, notify the Project Manager and the

Z7.3 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.

Z8 Ethics

Z8.1 The Contractor undertakes:

Z8.1.1 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;

Z8.1.2 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, .

Z8.2 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.

Z8.3 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.

Z9 Confidentiality

Z9.1 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 Manager

or the Employer, which consent shall not be unreasonably withheld.

Z9.2 If the Contractor is uncertain about whether any such information is confidential, it is to be regarded

as such until otherwise notified by the Project Manager.

Z9.3 This undertaking shall not apply to –

Z9.3.1 Information disclosed to the employees of the Contractor for the purposes of the implementation of

this agreement. The Contractor undertakes to procure that its employees are aware of the

confidential nature of the information so disclosed and that they comply with the provisions of this

clause;

Z9.3.2 Information which the Contractor is required by law to disclose, provided that the Contractor notifies

the Employer prior to disclosure so as to enable the Employer to take the appropriate action to

protect such information. The Contractor may disclose such information only to the extent required

by law and shall use reasonable efforts to obtain assurances that confidential treatment will be

afforded to the information so disclosed;

Z9.3.3 Information which at the time of disclosure or thereafter, without default on the part of the Contractor,

enters the public domain or to information which was already in the possession of the Contractor at

the time of disclosure (evidenced by written records in existence at that time);

Z9.4 The taking of images (whether photographs, video footage or otherwise) of the works or any portion

thereof, in the course of Providing the Works and after Completion, requires the prior written consent

of the Project Manager. All rights in and to all such images vests exclusively in the Employer

Z9.5 The Contractor ensures that all his Subcontractors abide by the undertakings in this clause.

Z10 Employer’s Step-in rights

Z10.1 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 Project 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 subcontractor or supplier of the Contractor) to do so

on his behalf. The reasonable costs of such remedial works shall be borne by the Contractor

Z10.2 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.

Z11 Liens and Encumbrances

Z11.1 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

Z12 Intellectual Property

Z12.1 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

undertaking from any such third party on terms no less onerous than the terms the Employer

would use to protect its IP

Z12.5 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:

Z12.5.1 the Contractor’s design, manufacture, construction or execution of the Works

Z12.5.2 the use of the Contractor’s Equipment, or

Z12.5.3 the proper use of the Works.

Z12.6 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.

Z13 Dispute resolution:

Z13.1 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 Badela Gauteng +27 11 282 3700

which nomination is either [email protected]

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

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

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

Adjudicator, the referring Party [email protected]

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

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

the Johannesburg Bar Council, Mr. Sam Amod Gauteng [email protected]

who appoints an Adjudicator

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

Adjudicators below SC [email protected]

a

The Parties appoint the Mr. Emeka Ogbugo Pretoria +27 12 349 2027

Adjudicator under the NEC3 (Quantity Surveyor) [email protected]

Adjudicator’s Contract, April

2013

Z13.2 Appointment of the

when a dispute arises from the

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

hundred thousand rands).

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

duration of the project.

C1.4 Occupational health and safety agreement

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.

Part c2: pricing data c2.2 Ecsc3 price list

compromises the effectiveness of the airport’s security and access control systems, increasing the risk of

unauthorized access and security breaches. Consequently, the current state of the access gates may

result in non-compliance with aviation security requirements, including the security principles and access

control measures prescribed under ICAO Annex 17.

a) Assess Existing Infrastructure

o Conduct a comprehensive condition assessment of all gate motors, gates, control systems,

and associated electrical installations.

b) Repair and Replace Defective Equipment

o Repair serviceable gate motors and replace units that are beyond economical repair.

o Repair or replace damaged gate structures and supporting hardware.

c) Improve Access Control and Security

o Ensure all access gates operate reliably and provide controlled access to authorized

personnel and vehicles only.

o Reduce the risk of unauthorized entry and security breaches.

d) Enhance Operational Efficiency

o Improve gate opening and closing speeds to support efficient traffic flow and operational

activities.

o Minimize downtime caused by equipment failures.

e) Ensure Regulatory Compliance

o Align access control infrastructure with ICAO Annex 17 requirements and applicable airport

security standards.

o Address audit findings and security vulnerabilities related to perimeter access control.

f) Implement a Preventive Maintenance Programme

o Establish routine inspection, servicing, and maintenance schedules for all gate motors and

gate systems.

o Maintain accurate maintenance records and asset histories.

g) Improve Asset Reliability and Lifecycle

o Extend the service life of gate motors and gate infrastructure through proper maintenance

and timely interventions.

o Reduce long-term maintenance costs and emergency repairs.

h) Strengthen Airport Security Posture

o Ensure continuous availability and functionality of all critical access points.

o Support safe and secure airport operations through reliable perimeter and access control

systems.

Special conditions include: the site is a National Key Point and bidders must comply with the requirements; access to site is restricted to permitted personnel through an ACSA permit system; the Employer will only make a single phase, 220 volts power supply available; the contractor must verify the condition and suitability of existing services before connecting new equipment; and a kick-off meeting is required at UPN Offices with the Project Manager - SCM.

The works information requires the use of standard forms as set out in the NEC3 clauses. The approved programme may be used to evaluate any claims. The contract also includes provisions on delay damages (0.05% per day, capped at 10% of contract value) and assessment of payments on the 15th of each month upon receipt of a valid tax invoice.