REQUEST FOR PROPOSAL FOR A CONSULTANT … RFP 05-2017.pdf · for a domestic water tank reservoir...

REQUEST FOR PROPOSAL 1 of 86 COVER PAGES

SCM Ref no.: KIM 05/2017 Project Number 3432-4411-4412

REQUEST FOR PROPOSAL FOR A CONSULTANT APPOINTMENT TO PROVIDE A DESIGN

FOR A DOMESTIC WATER TANK RESERVOIR AND REPLACEMENT OF UNDERGROUND

WATER RETICULATION PIPELINE AT KIMBERLEY AND EAST LONDON AIRPORTS

Bid Number: : KIM05/2017

Document Issue Date : 25 OCTOBER 2017

1ST COMPULSORY

BRIEFING & SITE

INSPECTION SESSION

: 3rd November 2017 @ 11:00 CAT AT KIMBERLEY

AIRPORT

2ND COMPULSORY

BRIEFING & SITE

INSPECTION SESSION

: 6th NOVEMBER 2017 @ 11:00 CAT EAST LONDON

AIRPORT

TENDER CLOSING DATE ,

TIME & VENUE

: 20TH NOVEMBER 2017 @ 11 H00 AT KIMBERLEY

AIRPORT

REQUEST FOR PROPOSAL 2 of 86

INDEX

Definitions

Section 1: Instructions to Bidders

1.1 Access to RFP documents

1.2 Submission of bid documents

1.3 Alternative Bids

1.4 Late Bids

1.5 Clarification and Communication

1.6 Compulsory Briefing Session

1.7 Bid Responses

1.8 Disclaimers

1.9 Validity period

1.10 Confidentiality of information

1.11 Hot-Line

Section 2: Submission of Bid

2.1 Terms and Conditions of RFP

2.2 Bidding Arbitration Provision

2.3 RFP Acceptance

2.4 Response Format and Content

2.5 Further Obligations on Award

2.6 Disclaimers

Section 3: Background, Purpose, and Scope of RFP

3.1 Background

3.2 Purpose of this Tender

3.3 Scope of Work


Section 4: Preference (B-BBEE) and Price

4.1 Preference Points Claims

4.2 Adjudication Using a Points System

4.3 Award of Business where Bidders have scored equal points overall

4.4 Points awarded for Price

4.5 Points awarded for B-BBEE status level contribution

Section 5: Evaluation Criteria

5.1 Evaluation criteria

5.2 Stage 1 – Mandatory Requirements

5.3 Stage 2 – Pre- Qualification

5.4 Stage 3 – Functionality

5.4 Stage 4 – Price and B-BBEE

Section 6: Other Returnable Documents

6.1 Other Returnable Documents

6.2 Validity of Submitted Proposal

Appendices

Appendix A Declaration form

Appendix B Declaration of forbidden practices form

Appendix C Acceptance of RFP terms and conditions

Appendix D Company profile, executive summary and organogram

Appendix E Joint Venture (JV) Agreement (If applicable)

Appendix F Valid Tax Clearance Certificate

Appendix G B-BBEE Declaration Form

Appendix H B-BBEE Verification Certificate


Appendix I CV ’s of directors of the bidding entity

Appendix J Company Experience and References.

Appendix K Company Profile and Schedule of Bidder Experience

Appendix L Certificate of Incorporation

Appendix M Draft Service Agreement (NEC3 PSC)


DEFINITIONS

1.1 “B-BBEE” means broad-based black economic empowerment as defined in section 1 of the

Broad -Based Black Economic Empowerment Act;

1.2 “B-BBEE status level of contributor” means the B-BBEE status received by a measured

entity based on its overall performance using the relevant scorecard contained in the Codes

of Good Practice on Black Economic Empowerment, issued in terms of section 9(1) of the

Broad-Based Black Economic Empowerment Act;

1.3 “Black Designated Groups” has the meaning assigned to it in the codes of good practice

issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act;

1.4 “Black People” has the meaning assigned to it in the codes of good practice issued in terms

of section 9(1) of the Broad-Based Black Economic Empowerment Act;

1.5 “Broad-Based Black Economic Empowerment Act” means the Broad-Based Black

Economic Empowerment Act 53 of 2003);

1.6 “Designated Group” means:

1.6.1 Black Designated Groups;

1.6.2 Black People;

1.6.3 Women;

1.6.4 People with disabilities; or

1.6.5 Small enterprises, as defined in section 1 of the national Small Enterprise Act 102 of 1996;

1.7 “Consortium or Joint Venture” means an association of persons for the purpose of

combining their expertise, property, capital, efforts, skill and knowledge in an activity for the

execution of a contract;

1.8 “EME” means an exempted micro enterprise in terms of the codes of good practice issued in

terms of section 9(1) of the Broad-Based Black Economic Empowerment Act;

1.9 “Functionality” means the ability of tenderer to provide goods or services in accordance with

specifications as set out in the tender documents;

1.10 “Military Veteran” has the meaning assigned to it in section 1 of the Military Veterans

Act 18 of 2011;

1.11 “People with disabilities” has the meaning assigned to it in section 1 of the

Employment Equity Act, 55 of 1998;

1.12 “Person” includes a juristic person;

1.13 “PPPFA” means the Preferential Procurement Policy Framework Act 5 of 2000 and

its Regulations published on 20 January 2017;

1.14 “Price” means all applicable taxes less all unconditional discounts;

1.15 “QSE” means a qualifying small business enterprises in terms of the codes of good

practice issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment

Act

1.16 “Rand Value” means the total estimated value of a contract in South African currency,

calculated at the time of bid invitations, and includes all applicable taxes and excise duties;

1.17 “Rural Area” means:

1.17.1 a sparsely populated area in which people farm or depend on natural resources including

villages and small towns that are dispersed through the area; or

1.17.2 an area including a large settlement which dee ds a on migratory labour and remittances

and govern social grants for survival, and may have a traditional land tenure system;


1.18 “Total Revenue” bears the same meaning assigned to this expression in the Codes

of Good Practice on Black Economic Empowerment, issued in terms of section 9(1) of the

Broad-Based Black Economic Empowerment Act and promulgated in the Government

Gazette on 9 February 2007;

1.19 “Township” means an urban living area that any time from the late 19th century until

27 April 1994, was reserved for black people, including areas developed for historically

disadvantaged individuals post 27 April 1994;

1.20 “Trust” means the arrangement through which the property of one person is made

over or bequeathed to a trustee to administer such property for the benefit of another

person;

1.21 “Trustee” means any person, including the founder of a trust, to whom property is

bequeathed in order for such property to be administered for the benefit of another person;

and

1.22 “Youth” has the meaning assigned to it in section 1 of the National Youth

Development Agency Act 54 of 2008

All terms not defined herein have the meanings assigned to them in the PPPFA.


1. SECTION 1: INSTRUCTIONS TO BIDDERS

1.1. Access to RFP Documents:

Tender documents are available on www.etenders.gov.za. Kindly download, print and

complete for submission

No Tender documents will be issued from ACSA offices.

1.2. Submission of bid documents

The envelopes containing bid documents must have on the outside, the bidder’s return

address, the full description of the tender, tender number and the details of the Tender

Management Office/Procurement department where the bid will close. The documents must

be signed and completed by a person who has been given authority to act on behalf of the

bidder.

The bottom of each page of the bid documents must be signed or stamped with the

bidder’s stamp as proof that the bidder has read the tender documents. Bid documents

must be submitted on or before 11AM on 20th of November 2017 using the following

method(s):

Hand delivery:

The bid document must be delivered to the Tender Management Office located at the

address below and must be addressed as follows:

1.2.1. Tender box:

Tender Ref: KIM05/2017 Kimberley ACSA Offices 1st Floor Administration Building Compton Peterson Rd

Kimberley 8301

1.2.2. Email submissions:

No email submissions will be accepted only hand delivered documents will be

accepted

Proposals must be in duplicate (an original printed copy and a printed copy of the

original) The original copy will be the legal and binding copy, in the event of

discrepancies between any of the submitted documents; the original copy will take

precedence.

http://www.etenders.gov.za/


1.3. Alternative Bids

As a rule, ACSA only accepts bids which have been prepared in response to the tender

invitation. However, for this tender alternative bids will be accepted provided the alternative bid

is accompanied by the original bid response which materially complies with the specifications

of this tender invitation. The alternative bid will only be considered where the bidder has

submitted together with its alternative bid, an offer which materially complies with the

requirements of this tender. Alternative bids will also be evaluated using the pre-determined

evaluation criteria stipulated in this tender document.

1.4. Late Bids

BIDS WHICH ARE SUBMITTED AFTER THE CLOSING DATE AND TIME WILL NOT BE

ACCEPTED.

1.5. Clarification and Communication

Name: Mr Linda Mathebula

Designation: Buyer

Tel: 011 723 2624

Email: [email protected]

1.5.1. Request for clarity or information on the tender may only be requested until 15th of

November 2017 at 16H00. Any responses to queries or for clarity sought by a bidder

will also be sent to all the other entities which have responded to the Request for

Proposal/Quotation/Information invitation.

1.5.2. Bidders may not contact any ACSA employee on this tender other than those listed

above. Contact will only be allowed between the successful bidder and ACSA Business

Unit representatives after the approval of a recommendation to award this tender.

Contact will also only be permissible in the case of pre-existing commercial relations

which do not pertain to the subject of this tender.

mailto:[email protected]


1.6. Compulsory Briefing Sessions

The first compulsory briefing and Site Inspection session will be held on 3rd of November 2017 at 11H00 AM. The session will be held at the following location:

Kimberley Airport

Administration Building First Floor

Compton Peterson Rd

Kimberly Northern Cape

8301

The second compulsory briefing and site inspection session will be held on 6th November 2017

at 11H00AM The sessions will be held on the following location.

Tender Management Office:

1st Floor Terminal Building

66 Settlers Way

East London 5201

Bid Responses

Bid responses must be strictly prepared and returned in accordance with this tender document.

Bidders may be disqualified where they have not materially complied with any of ACSA’s

requirements in terms of this tender document. Changes to the bidder’s submission will not be

allowed after the closing date of the tender. All bid responses will be regarded as offers unless

indicates otherwise. No bidder or any of its consortium/joint venture members may have an

interest in any of the other bidder/joint venture/consortium participating in this bid.

1.7. Disclaimers

It must be noted that ACSA reserves its right to:

1.7.1. Award the whole or a part of this tender;

1.7.2. Split the award of this tender;

1.7.3. Negotiate with all or some of the shortlisted bidders;

1.7.4. Award the tender to a bidder other than the highest scoring bidder where objective criteria allow;

1.7.5. To reject the lowest acceptable tender received; and/or

1.7.6. Cancel this tender.


1.8. Validity Period

1.8.1. ACSA requires a validity period of hundred and Twenty (120) business/working days

for this tender

1.8.2. During the validity period the prices which have been quoted by the bidder must remain

firm and valid. It is only in exceptional circumstances where ACSA would accommodate

a proposal to change the price.

1.9. Confidentiality of Information

1.9.1. ACSA will not disclose any information disclosed to ACSA through this tender process

to a third party or any other bidder without any written approval form the bidder whose

information is sought.

1.9.2. ACSA will not disclose the names of bidders until the tender process has been

finalised.

1.9.3. Bidders may not disclose any information given to the bidders as part of this tender

process to any third party without the written approval from ACSA. If the bidder requires

consulting with third parties on the tender, such third parties must complete

confidentiality agreements, which should also be returned to ACSA with the bid.

1.10. Hot – Line

ACSA subscribes to fair and just administrative processes. ACSA therefore urges its clients,

suppliers and the public to report any fraud or corruption to:

Airports Company South Africa TIP-OFFS ANONYMOUS

Free Call: 0800 00 80 80

Free Fax: 0800 00 77 88

Email: [email protected]


SECTION 2: SUBMISSION OF PROPOSAL

2.1 Terms and Conditions of RFP

2.1.1 This RFP is open to all bidders, registered and duly authorised to operate in South Africa.

Any bids received after the bid submission date and time will not be considered by ACSA

2.1.2 Except where specifically provided for in this RFP, a bidder may make no changes to its

bid after the closing date and time.

2.1.3 ACSA reserves the right to award the contract based on the bid submission received from

a bidding entity subject to ACSA’s terms and conditions.

2.1.4 ACSA or their duly appointed representatives shall be the sole adjudicators of the

acceptability and or feasibility of the bids. The decision shall be final and except as required

by law or otherwise, no reason for the acceptance or rejection of any bid will be furnished.

2.1.5 Should the bid be awarded on the strength of information furnished by a bidder, which

information is proved to have been incorrect, in addition to any other legal remedy it may

have, ACSA may at any time during the life of the contract:

2.1.5.1 Recover from the relevant bidder all costs, losses or damages incurred by it because of the

award and/or

2.1.5.2 Cancel the award of the bid and/or contract and claim any damages, which it may have

suffered or will suffer because of having to make less favourable arrangements.

2.1.5.3 The Bidder shall be liable to pay for losses sustained and/or additional costs or expenditure

incurred by ACSA because of cancellation. ACSA shall furthermore have the right to

recover such losses, damages or additional costs by way of set off against monies due or

which may become due to the Bidder in terms of the said contract.

2.1.6 All representations, agreements or arrangements arising from bids submitted in terms

hereof (including any negotiations that follow) shall not be binding on ACSA, its officers,

employees or agents unless reduced to writing and signed by a duly authorised

representative of ACSA.

2.1.7 ACSA reserves the right to amend the terms and conditions of this RFP at any time prior to

finalisation of the contract between the parties and shall not be liable to any bidder or any

other person for damages of whatsoever nature which they may have suffered because of

such amendment. All bids are submitted at the entire risk of the bidder.

2.1.8 ACSA reserves the right to postpone the closing date for submission of bids or to withdraw

the RFP at any time without giving rise to any obligation for the responsibility for any loss

or financial damage which may be incurred or suffered by any bidder.


2.1.9 In the case of a joint venture or partnership between bidders, evidence of such joint venture

must be included with the bid submission, either in the form of a Joint Venture Agreement

and a joint SANAS accredited BBBEE Certificate. All the members of the joint venture must

in writing nominate a member(s) of the joint venture to complete and sign the RFP on behalf

of the joint venture. This written authority must be signed by the duly authorised members

of the joint venture and be submitted with the bid.

2.1.10 Bidders must ensure that all information submitted by them in their Bids is complete,

accurate and fairly represents the information communicated. Bidders must further ensure

that, irrespective of the weighting (if any) ascribed to any criterion; the Bid contains all

information relevant to an evaluation of that criterion. Any information which is incomplete,

inaccurate, ambiguous, unfairly represented or conditional may result in the Bid being

disqualified or adversely evaluated. Bidders must immediately notify ACSA in writing should

they become aware that any information stated in the Bids is or may be inaccurate for

whatever reason, including due to a subsequent change in circumstances.

2.1.11 After submitting a Bid, no Bidder may make any changes in the composition of its

consortium and / or shareholding before the final date and time for the submission of the

Bids without the prior written approval of ACSA. Full details of any such intended change

must be notified in advance, in writing, to ACSA for consideration. ACSA reserves the right

to reject or accept such change, whether conditionally or unconditionally. ACSA reserves

the right to disqualify any Bidder which makes or attempts to make any change to the

composition of its consortium other than in accordance with the aforesaid provisions.

2.2 Binding Arbitration Provision

2.2.1 It is a condition of participation in this RFP process between the bidder and ACSA that should

any dispute or difference arise between the parties, this shall be resolved by a single Arbitrator

2.2.1.1 Concerning the purported or effect of the RFP documents or of anything required to be done

or performed there under;

2.2.1.2 Concerning any aspect of the RFP process to anything done or decided there under: or

2.2.1.3 Concerning the validity of the award of the RFP to any bidder or the failure to award same to

any Bidder, then such dispute or difference shall be finally resolved by arbitration.

2.2.2 Such arbitration shall be by a single arbitrator who shall be -

2.2.2.1 Selected by agreement between the parties, or failing such agreement nominated on the

application of any party by the Arbitration Foundation of Southern Africa (AFSA); and


2.2.2.2 The arbitrator shall have power to review and revise any certificate, opinion, decision,

requisition or notice relating to all matters in dispute submitted to him/her and to determine all

such matters in the same manner as if no such certificate, opinion, decision, requisition or

notice had been issued.

2.2.3 Upon every or any such reference, the costs of an incidental to the reference and award shall

be at the discretion of the arbitrator, who may determine the amount of the costs, or direct

them to be taxed as between attorney and client or as between party and party and shall direct

by whom and to whom and in what manner they shall be borne and paid.

2.2.4 The award of the arbitrator shall be final and binding on the parties and any party shall be

entitled to apply to the Courts to have such award made an order of court.

2.2.5 Save as set out in this clause, the arbitration shall be conducted in accordance with the rules

of the Arbitration Foundation of Southern Africa for Commercial Arbitrations.

2.2.6 The arbitration shall be held in Johannesburg in the English language.

2.2.7 However, nothing in this clause shall preclude any party to the arbitration from seeking

interlocutory relief in any court having jurisdiction pending the institution of a review or other

appropriate proceedings for legal redress.

2.2.8 Such arbitration shall be commenced and concluded within 30 days of the dispute having

noted.

2.3 RFP Acceptance

2.3.1 ACSA reserves the right to reject: -

2.3.1.1 Incomplete bids;

2.3.1.2 Late bids;

2.3.1.3 Conditional bids; and

2.3.1.4 Bids that are non-compliant with the procedural and administrative requirements.

2.3.2 This RFP implies neither obligation to accept the highest or any bid nor any responsibility for

expenses or loss, which may be incurred by any bidder in preparation of his bid.

2.3.3 Bidders may include with their bids any descriptive matter, which, if referred to in the RFP, will

form part of the RFP. In case of any discrepancy, however, the issued RFP and supporting

documents and information completed therein by the bidder will be considered as the valid

and binding bid.

2.3.4 Notwithstanding any other provision in this document, no ACSA employee or any person

related to or associated with an ACSA employee may (individually or through a corporate


vehicle which includes a company, close corporate, trust, partnership etc.) submit a bid for

consideration in this tender process unless interest is declared and approved as per

Delegated Level of Authority.

2.4 Response Format and Content

2.4.1 Please organise proposals in separately tabbed/ indexed sections with labels that correspond

to the sections that have been outlined in the Index of this RFP document.

2.4.1.1 The bid document must be ring-bound or submitted in an arch lever file.

2.4.1.2 Please keep sections sequential.

2.4.1.3 Provide a concise response in provided spaces.

2.4.1.4 Wherever a table is provided, please title your section tab to match the RFP section in

which the table appears.

2.4.1.5 Use the table format provided for your responses, and maintain the sequence and

reference numbers in the table.

2.4.1.6 Please submit the bid documents in the format requested.

2.4.2 ACSA may, in its sole discretion and from time to time, extend the date or dates by

when the Successful Bidder is required to comply with the above terms.

2.4.3 ACSA shall have the right to withdraw, with immediate effect or with effect from any

reasonable future date nominated by it, in writing, the award of a Bid and to cancel any

contract consequent thereon if:

2.4.3.1 ACSA becomes aware of any fact or circumstance (including facts or circumstances

which arise after the award of the Bid) which, in ACSA’s sole and bona fide opinion,

would have rendered the Bid subject to disqualification had such fact or circumstance

arisen prior to the award and been known to ACSA at the time of the award;

2.4.3.2 The award of any Bid or conclusion of a Service Agreement is subsequently set aside

by any order of court, arbitration award or other binding agreement, award or finding,

whether such order, agreement, award or finding arises from contested proceedings

or an agreed settlement of any dispute;

2.4.4 Should ACSA elect to withdraw the award, the Successful Bidder’s Bid shall be

disqualified from further consideration by ACSA and ACSA shall proceed further as

may be appropriate, about the remaining Bids.

2.4.5 No Bidder shall have any right of recourse against ACSA because of the withdrawal of


a Bid award and / or cancellation of any Commercial Agreement by ACSA pursuant to

this Clause 2.4.

2.5 Further Obligations on Award

Unless expressly stated otherwise, the following warranties are given as at the date

on which a Bid is submitted to ACSA, as at the date on which any Bid is awarded and

for the period between those dates. The Bidder warrants to ACSA except as fully and

fairly disclosed to ACSA in writing in the Bid, that:

2.5.1 The information furnished by the Bidder is complete, accurate, unconditional and fairly

presented;

2.5.2 It will be able to allocate the appropriate resources to the scope of works as required

of this opportunity in order to be able to commence with the project within 30 days of

award.

2.6 Disclaimers

2.6.1 The information contained in the RFP or otherwise provided to Bidders, whether orally

or in writing (collectively “the RFP Documents”) was obtained from several sources

and is offered in good faith for the guidance of the Bidders only;

2.6.2 Any estimates and projections provided involve significant elements of subjective

judgement and analysis which may or may not be correct. Bidders are cautioned that

the information presented in the RFP Documents may be inaccurate inter alia due to

human error or due to incorrect source information having been furnished to ACSA.

Further, the information referred to herein is not an exhaustive account of the statutory

requirements which may affect a Bid and shall not be regarded as a complete or

authoritative statement of relevant Law;

2.6.3 Each Bidder is obliged to become acquainted with all of the provisions of the Laws

affecting the Bid, the entering into of the agreements and fulfilment of its terms;

2.6.4 The RFP Documents do not purport to contain all of the information that may be

required by Bidders to submit an offer and any recipient of the RFP Documents should

conduct its own independent legal, financial or other analysis of the information

contained or referred to in the RFP Documents and should obtain such professional

advice as it deems necessary;

2.6.5 This RFP Document supersedes all information concerning the detail of the property


concerned which may have been previously communicated to the Bidder, whether

orally, in writing or otherwise;

2.6.6 Neither ACSA nor its employees, directors or advisers may make any representation

or warranty, express or implied, or accept any responsibility or liability as to the

accuracy or completeness of the information contained in the RFP Documents or any

written or oral information made available in connection with ACSA, its business

activities and / or tender opportunities and nothing contained herein is or shall be relied

upon as a promise or representation, whether as to the past or as to the future.

2.6.7 The attached agreements are drafts. The detailed and final agreements will be

completed once an award has been made and negotiations have been finalised.

2.6.8 It is recorded that while bids will be accepted based on what is proposed, no

transaction will be concluded until the necessary agreements are negotiated and

signed by ACSA and the Preferred Bidder.

2.6.9 ACSA reserves the right to request from the bidder any additional information not

requested in the bid document.


SECTION 3: BACKGROUND, PURPOSE AND SCOPE OF WORK

3.1 Background

Since inception in 1993, Airports Company South Africa Limited (ACSA) has transformed into

a focused, profitable and commercial enterprise that is market-driven and customer service

oriented. The principal ACSA sites comprise of major international airports namely O.R. Tambo

(ORTIA), Cape Town (CTIA) and King Shaka (KSIA). The other sites are Bram Fischer

Bloemfontein, Upington, Port Elizabeth, East London Airport, George Airport, Kimberley Airport

and the Corporate Office.

The sustained growth in traffic over the years, coupled with a creative and performance focused

management and leadership team have contributed to the Company’s excellent financial

performance over time. This has enabled the Company to transform South Africa’s airports into

world-class airports, delivering value for customers, stakeholders, shareholders and

employees.

ACSA is focused on creating and operating world-class airports measuring up to international

standards. Numerous international awards won by certain of its airports over the years confirm

that the Company has largely succeeded in this aim. This is also shown in the 2017 Skytrax

ratings for example, Cape Town achieved Best Airport in Africa with King Shaka, OR Tambo,

East London and Port Elizabeth achieving 2nd, 3rd, 6th and 10th place respectively. The World

Airport awards area global benchmark for airport excellence and are largely known as the

Passenger’s Choice Awards.

3.2 Purpose of this Tender.

The purpose of this Tender is to appoint a consulting company to provide professional services

in designing: a domestic water tank and for the replacement of water reticulation underground

pipeline at Kimberley and East London Airports

The consultant shall deliver the project in the following stages:

• Inception Report

• Preliminary Design

• Detailed Design

• Documentation

• Contract Administration and inspection

• Close-Out


3.4 Scope of Work

Developing a detailed design for the domestic water tank at Kimberley and East London Airport

including piping to connect to the existing water reticulation network that supplies the airport with

domestic water. The design should also cater for a booster pump station to allow for adequate supply

of water to the terminal building and the neighbouring areas. East London Airport has an existing

domestic water tank with booster pump station, however the tank capacity is not adequate to meet

the water demand during water outages. Kimberley airport is not equipped with a domestic water tank,

domestic water is supplied by the municipal line directly to the building

Developing a detailed design for the replacement of domestic water mainline reticulation at Kimberley

airport. The water reticulation pipeline shall be designed in conjunction with the domestic water tank

design to allow for a complete system.

The consultant will also be responsible for development of the tender documentation for the

implementation phase; contract administration and site inspection; and compilation of the close out

report as more detailed in the specifications below.

The design shall take into consideration the climate conditions in the different locations (i.e. corrosion

protection, use of corrosion resistant material, etc.), however standardisation in the designs shall be

key.

Note: as built drawings are not available, identification and mapping of the existing reticulation pipeline

should be taken into consideration when pricing.


SECTION 4: PREFERENCE POINTS AND PRICE

4.1 Preference Points Claims

4.1.1 In terms of the PPPFA and its regulations only a maximum of 20 points may be awarded for preference.

4.1.2 The 80/20 system for requirements with a Rand value of up to R50 000 000 (all applicable taxes included); and

4.1.3 The value of this bid is estimated not to exceed R50 000 000 (all applicable taxes included) and therefore the 80/20 system shall be applicable. Preference points for this bid shall be awarded as follows:

Price Points

Points for Price 80

Preference Point (B-BBEE Level) 20

Total Points for Price and B-BBEE 100

4.1.4 SANAS issued BBBEE Certificate or an affidavit in the case of Qualifying Small Enterprises and an Emerging Micro Enterprises together with the bid, will be interpreted to mean that preference points for B-BBEE status level of contribution are not claimed

4.1.5 ACSA reserves the right to require of a bidder, either before a bid is adjudicated or at any time subsequently, to substantiate any claim in regard to preferences, in any manner required by ACSA.

4.2 Adjudication Using a Points System

4.2.1 The bidder obtaining the highest number of total points will be awarded the contract, or ACSA exercises one or more of its disclaimers;

4.2.2 Preference points will be calculated after prices have been brought to a comparative basis taking into account all factors of non-firm prices and all unconditional discounts

4.2.3 Points scored will be rounded off to the nearest 2 decimal places.

4.3 Award of Business where Bidders have Scored Equal Points Overall

4.3.1 In the event that two or more bids have scored equal total points, the successful bid will be the

one scoring the highest number of preference points for B-BBEE


4.3.2 However, when functionality is part of the evaluation process and two or more bids have

scored equal points including equal preference points for B-BBEE, the successful bid will be

the one scoring the highest score for functionality.

4.3.3 Should two or more bids be equal in all respects, the award will be decided by the drawing of

lots.

4.4 Points Awarded for Price

The 80/20 Preference Point Systems will be applied using the following formula:

min

min180

P

PPtPs

Where

Ps = Points scored for comparative price of bid under consideration

Pt = Comparative price of bid under consideration

Pmin = Comparative price of lowest acceptable bid

4.5 Points Awarded for B-BBEE Status Level of Contribution

4.5.1 In terms of Regulation 6 (2) and 7 (2) of the Preferential Procurement Regulations, preference points must be awarded to a bidder for attaining the B-BBEE status level of contribution in accordance with the table below;

B-BBEE Status Level of Contributor

Number of Points

(80/20 system)

1 20

2 18

3 14

4 12

5 8

6 6

7 4

8 2

Non-compliant contributor 0


4.5.2 Bidders who qualify as an EME in terms of the B-BBEE Act must submit a sworn affidavit or

certified certificate issued by a Verification Agency accredited by SANAS stating its annual

turnover and black ownership. Where a certificate is issued, such certificate must be

accompanied by a full report.

4.5.3 Bidders who qualify as a QSE in terms of the B-BBEE Act have an option to submit a sworn

affidavit or a certified issued by a Verification Agency accredited by SANAS stating its annual

turnover and black ownership. Where a certificate is submitted, such certificate must be

accompanied by a full report.

4.5.4 Bidders other than EMEs and QSEs must submit a certified copy of their valid B-BBEE status

level verification certificate substantiating their B-BBEE rating issued by a Verification Agency

accredited by SANAS. Such certificate must be accompanied by a full report.

4.5.5 A trust, consortium or joint venture, will qualify for points for their B-BBEE status level as a legal

entity, provided that the entity submits a consolidated B-BBEE status level certificate as if they

were a group structure. Should a trust, consortium or joint venture submit separate B-BBEE

status level certificates for each entity of the trust, consortium or joint venture, then the B-

BBEE points cannot be effectively claimed or evaluated and therefore such trust, consortium

or joint venture will be regarded as non-compliant B-BBEE contributor.


SECTION 5: EVALUATION CRITERIA

5.1 Evaluation Criteria

5.1.1 ACSA will use a pre-determined evaluation criterion when considering received bids. The

evaluation criteria will consider the commitment made for pre-qualifying criteria/ local production and

content/ Supplier Development, objective criteria and compulsory sub-contracting/ functionality/ Price

and B-BBEE. During the evaluation of received bids ACSA will make an assessment whether all the

bids comply with set minimum requirements and whether all returnable documents/information have

been submitted. Bidders which fail to meet minimum requirements, thresholds or have not submitted

required mandatory documents will be disqualified from the tender process

5.1.2 The requirements of any given stage must be complied with prior to progression to the next

stage. ACSA reserves the right to disqualify bidders without requesting any outstanding

document/information.

5.1.3 A staged approach will be used to evaluate bids and the approach will be as follows:

Stage 1 Stage 2 Stage 3

Mandatory Requirements

Functionality Price and B-BBEE

A list of Mandatory Administrative Requirements (MAR) returnable documents must form part of the submission at the closing date and time.

The functionality/technical evaluation will be conducted by the Bid Evaluation Committee which comprises of various skilled and experienced members from diverse professional disciplines.

80/20 Preferential System will be applied to this bid where 80 points are awarded for Price and 20 points are awarded for B-BBEE

5.2 Stage 1 - Mandatory Requirements

The following documents are required to be submitted by each bidder in order to proceed to

the next stage of evaluation:

5.1.1 Proof of attendance of the compulsory briefing session

5.1.2 Proof of registration of the Central Services Data Base

5.1.3 Signed Declaration of Interest form

5.1.4 Acceptance of ACSA terms and Conditions as contained in the bid

5.1.5 Proof of Company registration with relevant consulting professional body, i.e.

Consulting Engineers South Africa (CESA)


5.2 Stage 2 – Functionality

5.2.1 The functionality evaluation will be conducted by the Bid Evaluation Committee which

comprises of various skilled and experienced members from diverse professional

disciplines. The evaluation process will be based on minimum score to be met for

each criteria and sub criteria.

5.2.2 Bidders need to score a minimum of 60 points in respect of the following quality

criteria as well as meeting the minimum threshold per each criteria for eligibility to

proceed to the next phase

Description of

quality criteria WQ

Sub criteria Max

Score

Minimum

Threshold Quality Score

Tenderer’s resource

proposal 50

Qualifications 25 15

Year of experience in similar

works 25 15

References and

experience 50

At least one (1) references 20 12

Company Experience 30 18

Total Points 100 100 60

Qualifications -25

Proof of qualification should be attached to the resource’s CV’s for evaluation purposes. The

resources CV’s should clearly state the role assigned for this project. The proposed resources

qualification should at least be in the field of mechanical, civil, electrical engineering. The proposed

resources organogram and their role in this project should be attached to this proposal. Proposed

resources refer to key resources that will be directly involved in the designing and signing off the

design.

Note: Proposed resources score will be evaluated individually and the average points scored will be

used as the final score.


Proposed Resources’ Qualification (25) Max Min

Proposed resources do not have qualifications in the disciplines mentioned above. = [0]

25 15

Proposed resources have qualifications in the above-mentioned disciplines at the lower level than university of technology level = [0] Proposed resources have qualifications in the above-mentioned disciplines at the university of technology level. = [8] Proposed resources have qualifications in the above-mentioned disciplines at the university level. = [10]

Proposed resources are professionally registered with the Engineering Council of South Africa in the above-mentioned disciplines as a technologist or technician [7] Proposed resources are professionally registered with the Engineering Council of South Africa in the above-mentioned disciplines as an engineer [15]

Years of Experience – 25

Proof of relevant experience (provision of professional services for: designing of: underground

pipeline/ pump selection/ reservoir design/ pump house design/ fluid dynamics) should be reflected

in the resources’ CV’s for evaluation purposes.

Note: Proposed resources score will be evaluated individually and the average points scored will be

used as the final score.

Proposed Resources’ Experience Max Min

The proposed resource has not done projects involving the relevant works as detailed

above = [0]

25 15

The proposed resource has done projects involving designing of: underground

pipeline/ pump selection/ reservoir design.

• Less than 3 years =0

• Greater or equal to 5 years but less than 8 years = 15

• Greater than 8 years = 18

The proposed resource has done projects involving designing of: underground

pipeline, pump selection, reservoir design and pump house design.

• Less than 3 years =0

• Greater or equal to 5 years but less than 8 years = 18

• Greater than 8 years = 25


References – 20

The Suppliers should provide proof of at least one (1) company references of similar works (provision of

professional services for: designing of: underground pipeline/ pump selection/ reservoir design/ pump house

design/ fluid dynamics) previously done.

Company Experience– 30

The Tenderer should provide proof of similarity in the works ((provision of professional services for: designing

of: underground pipeline/ pump selection/ reservoir design/ pump house design/ fluid dynamics) previously

maintained facilities and the frequency of services conducted.

References (20) Max Min

No Reference Provided =0

20 12 1 Reference = 12

2 References = 15

> 3 References = 20

Company Experience (30) Max Min

The Company has not done relevant works as detailed above = [0]

30 18

The Company has done project relating to designing of: underground pipeline/

pump selection/ reservoir design.

• Greater than 1 but less than or equal to 3 projects = 18

• Greater than 3 projects = 20

The Company has done project relating to designing of: underground pipeline,

pump selection and reservoir design.



The Company has done project relating to designing of: underground pipeline,

pump selection, reservoir design, pump house design and fluid dynamics).




5.3 Stage 3 - Price and B-BBEE

This is the final stage of the evaluation process and will be based on the PPPFA preference

point system of_80/ 20 Price will amount to 80 points, whilst preference will be 20 points. The

award of business will be made to a bidder which has scored the highest overall points for this

stage of the evaluation Bidders must only price in accordance with the pricing schedule above,

this will enable ACSA to compare priced offers. Failure to submit a priced offer using the

prescribed schedule will make the bid liable for disqualification. The pricing schedule to be

completed is as follows:


Pricing schedule

Item No

Program Stage Activity Description Price

1 Stage 1

Inception Report

KIM: Water Tank and Supporting Systems R

KIM: Water Pipeline Reticulation Replacement R

ELS: Water Tank and Supporting Systems R

2 Stage 2

Preliminary Design




3 Stage 3

Detail Design




4 Stage 4

Documentation and Procurement




5 Stage 5

Contract Administration and Inspection





Item No


6 Stage 6

Close-out




7 Disbursements Disbursements Provisional Sum include in total fees including health and safety inspections

R

8 Permits Provisional Sum: Airside induction Training, Vehicle and Personal Permits

R 5 000.00

9 Other 1: R

10 Other 2: R

11 Other: 3 R

Sub-Total 1 R

10% Contingency R

Total Fees (Excluding Vat) R

Vat R

Total Fees (Including Vat) R

Cost Split per Airport: This is for information purposes only. The sum of the total cost for the

breakdown below should add up to the total project cost excluding contingency cost.

Airport Cost [R]

Total Cost for Kimberley Airport: Water Tank and Supporting Systems

Total Cost for Kimberley Airport: Water Pipeline Reticulation Replacement

Total Cost for East London Airport: Water Tank and Supporting Systems


6 SECTION 6: OTHER RETURNABLE DOCUMENTS

6.1 These types of documents and information are required but are not mandatory or are only

mandatory at specific stages of the process. ACSA may request bidders to submit these

documents or information after the closing date and time or might already have them on the

system. Where a document or information is only mandatory at a specific stage in the process,

ACSA may only disqualify a bidder for non-submission at that stage and after reasonable efforts

were made to request the document from the bidder. The documents are as follows:

OTHER MANDATORY RETURNABLE DOCUMENTS AND

INFORMATION

SUBMITTED

[Yes or No]

B-BBEE Certificate (certified)

Names and identity documents of Directors (certified)

Certificate of Incorporation

Proof of professional Indemnity of R 5 million

Company Profiles (bidder and other professionals)

Proof of professional registrations (bidder and other professionals)

Valid tax clearance certificate/PIN/Proof of application to SARS

(certified)

6.2 Validity of submitted information

Bidders must ensure that any document or information which has been submitted in

pursuance to this tender remains valid for the duration of the contract period. The duty is on

the bidder to provide updated information to ACSA immediately after such information has

changed.


APPENDIX A: DECLARATION OF INTEREST FORM

Making a Declaration

Any legal person or persons having a relationship with persons employed by ACSA, including

a blood relationship, may submit a bid in terms of this Bid document. In view of possible

allegations of unfairness, should the resulting bid, or part thereof, be awarded to persons

connected with or related to ACSA employees, it is required that the bidder or his/her

authorised representative declare his/her position in relation to ACSA employees or any

member of the evaluation or adjudication committee which will consider bids. Furthermore,

ACSA requires all bidders to declare that they have not acted in any manner inconsistent with

the law, policy or fairness.

All bidders must complete a declaration of interest form below:

Full name of the bidder or representative of the Bidding entity

Identity Number

Position held in the bidding entity

Registration number of the bidding entity

Tax Reference number of the bidding entity

VAT Registration number of the bidding entity

I/We certify that there is a / no relationship between the bidding entity or any of its shareholders / directors / owner / member / partner with any ACSA employee or official.

Where a relationship exists, please provide details of the ACSA employee or official and the extent of the relationship below:


Full Names of Directors / Trustees / Members / Shareholders of the bidding entity

Full Name Identity Number Personal Income Tax Reference Number

I/We declare that we have not acted in any manner which promotes unfairness,

contravenes any law or is against public morals. We further certify that we will in full

compliance of this Bid terms and conditions as well as ACSA policies in the event that

we are successful in this Bid.

Declaration:

I/We the undersigned ____________________________________________________

(Name) herby certify that the information furnished in this Bid document is true and correct.

We further certify that we understand that where it is found that we have made a false

declaration or statement in this Bid, ACSA may disqualify our bid or terminate a contract we

may have with ACSA where we are successful in this Bid.

________________________________________________________________________

Signature Date

________________________________________________________________________

Position Name of bidder


APENDIX B: DECLARATION OF FORBIDDEN PRACTICES

I/We hereby declare that we have not/been found guilty of any illegal activities relating to

corruption, fraud, B-BBEE fronting, anti-competitive practices and/or blacklisted by an organ

of State Owned Company, etc. and/or any other forbidden practices.

I/We declare the following:

Description Penalty Organ of State / State Owned Company

a)

b)

c)

d)

Furthermore, I/We declare that to the best of my/our knowledge there is /are no further

practices to be declared or which are in the process of being finalised. The following are

alleged practices which have not yet been finalised.

Description Organ of State / State Owned Company

a)

b)

This declaration was signed on _______ of ____________________________ 2017

Name:

Designation:

Signature:


APPENDIX C: ACCEPTANCE OF RFP TERMS AND CONDITIONS

To: Supply chain management office

Airports Company South Africa SOC Limited

Proposal No: KIM05/2017

1. Bidder’s Name and Contact Details

Bidder:

Physical Address:

Correspondence to be addressed to:

Fax Number:

Phone numbers:

Email Address:

Contact Person:

2. Proposal Certification

We hereby submit a Proposal in respect of the designing of a domestic water tank reservoir

and replacement of underground water reticulation pipeline at Kimberley and East London

airports

2.1 We acknowledge that ACSA’s terms and conditions (as amended and mutually agreed

between the parties if necessary) shall apply to the agreement with the successful Bidder/s,

2.2 We have read, understand and agree to be bound by the content of all the documentation

provided by ACSA in this Request for Proposal.


2.3 We accept that ACSA’s Bid Adjudication Committee’s decision is final and binding.

2.4 We certify that all forms of the Bid as required in the bid document are included in our

submission.

2.5 We certify that all information provided in our bid is true, accurate, complete and correct.

2.6 This bid is specific to the designing of a domestic water tank reservoir and replacement of

underground water reticulation pipeline at Kimberley and East London airports Town

Planning and Urban Design Services only; it has no impact, influence or effect on any other

opportunity for which a bid may be submitted.

2.7 The undersigned is/are authorized to submit and sign the bid that shall be binding on closure

of the bid submission.

2.8 The bid is binding on this Bidder for a period which lapses after one hundred and twenty

(120) days calculated from the closing date of bid submission.

Thus, done and signed at _____________________on this the ______ day of __________2017

Signature:

Name:

For and behalf of:

Bidding entity name:

Capacity:


APPENDIX D: COMPANY PROFILE, EXECUTIVE SUMMARY AND ORGANOGRAM

Bidder to provide summary of their organisation and include their organisation’s Organogram

relevant to this opportunity with names, (starting with the Managing Directors/CEO)

Signed:

Date:

Name:

Position:

Bidder:


APPENDIX E: JOINT VENTURE (JV) AGREEMENT (IF APPLICABLE)

Bidder to attach agreement/Memorandum of understanding between the parties.

Signed:

Date:

Name:

Position:

Bidder:


APPENDIX F: VALID TAX CLEARANCE CERTIFICATE/ PIN/ PROOF OF APPLICATION

TO SARS

Bidder to attach valid tax clearance certificate/ pin/ proof of application to SARS

.

Signed:

Date:

Name:

Position:

Bidder:


APPENDIX G: B-BBEE DECLARATION FORM

1. Sub-Contracting

1.1 Will any portion of the opportunity be sub-contracted? YES / NO (*Delete whichever is not applicable)

1.2 If yes, indicate: a) The sub-contracted percentage is: ______%

b) The name of the sub-contractor is: ______________________________________

c) The B-BBEE status level of the sub-contractor is: _____________________

d) The sub-contractor is an EME: YES / NO (*Delete whichever is not applicable)

2. Declaration with Regard to the Bidder

2.1 Name of bidding entity

2.2. VAT Registration number:

2.3 Company registration number:

2.4 Type of company / firm:

Partnership/Joint Venture / Consortium

One person business/sole propriety

Close corporation

Company (Pty) Limited

(Indicate by ticking the relevant box)

2.5 Describe principal business activities


2.6 Company Classification

Manufacturer

Supplier

Professional service provider

Other service providers, e.g. transportation, etcetera.

(Indicate by ticking the relevant box)

2.7 Total numbers of years the company / firm has been in business: _________________ 2.8 I/we, the undersigned, who is/are duly authorised to do so on behalf of the company/firm, certify

that: 2.8.1 The information furnished is true and correct; 2.8.2 If the B-BBEE status level of contribution has been claimed or obtained on a fraudulent

basis or any of the conditions of contract have not been fulfilled, ACSA may, in addition to any other remedy it may have: a) Disqualify the person from the bidding process; b) Recover costs, losses or damages it has incurred or suffered because of that Person’s

conduct; c) Cancel the contract and claim any damages which it has suffered because of having

to make less favourable arrangements due to such cancellation; d) Restrict the bidder or sub-contractor, its shareholders and directors, or only the

Shareholders and directors who acted on a fraudulent basis, from obtaining Business from ACSA for a period not exceeding 10 years, after the audit alteram Partem (hear the other side) rule has been applied; and

e) Forward the matter for criminal prosecution.

Witnesses

1. ____________________________

2. ____________________________

Date: _______________________________________

Address: __________________________________

___________________________________________

___________________________________________


APPENDIX H: B-BBEE VERIFICATION CERTIFICATE

The bid must include a B-BBEE verification certificate issued by a SANAS accredited ratings

agency, or an IRBA Registered Accounting Practice.

A detailed report of the B-BBEE verification certificate must be included as part of the bid

submission. This report must clearly indicate an analysis of the shareholding.

Signed:

Date:

Name:

Position:

Bidder:


APPENDIX I: ORGANOGRAM FOR THE KEY RESOURCES, KEY RESOURCES CV’s

AND QUALIFICATIONS.



APPENDIX J: COMPANY EXPERIENCE AND REFERENCES.

Completion certificates should be provided for the below references:

Item No.

Company Description of the works Duration of the

project Cost of Project Excluding Vat

Contact Person Contact Number

1

2

3

4

5

6



APPENDIX K: COMPANY PROFILE


APPENDIX L: CERTIFICATE OF INCORPORATION



APPENDIX M: DRAFT SERVICES AGREEMENT

AIRPORTS COMPANY SOUTH AFRICA

PROJECT NUMBER: 3432-4411-4412 SCM Ref no. : KIM 05/2017

DESIGN OF DOMESTIC WATER TANKS AND REPLACEMENT OF WATER MAINLINE RETICULATION

NEC 3: PROFESSIONAL SERVICES CONTRACT (PSC)

Between

AIRPORTS COMPANY SOUTH AFRICA SOC LIMITED Applicable at: Kimberley and East London Airports (Registration Number : 1993/004149/30)

and

______________________________________________________ (Registration Number: _____________________)

for




NEC 3: PROFESSIONAL SERVICES CONTRACT (PSC)

Contents:

Part C1 Agreements & Contract Data

C1.1 Form of Offer and Acceptance

C1.2a Contract Data provided by the Employer

C1.2b Contract Data provided by the Contractor

C1.3 Pro-forma Guarantee

C1.4 Insurance Schedule

Part C2 Pricing Data

Part C3 Scope of Work

Part C4 Site Information

AIRPORTS COMPANY SOUTH AFRICA SOC LIMITED

47 of 86 Part C1.1: Form of Offer and Acceptance SCM Ref no.: KIM 05/2017 Project Number 3432-4411-4412

Part C1: Agreement and Contract Data C1.1 Form of Offer and Acceptance

Offer

The Employer, identified in the Acceptance signature block, has solicited offers to enter into a contract for the procurement of: Design of Domestic Water Tanks and Replacement of Water Mainline Reticulation

The tenderer, identified in the Offer signature block, has examined the documents listed in the Tender Data and addenda thereto as listed in the Returnable Schedules, and by submitting this Offer has accepted the Conditions of Tender.

The tenderer, identified in the Offer signature block, has examined the draft contract as listed in the Acceptance section and agreed to provide this Offer.

By the representative of the tenderer, deemed to be duly authorised, signing this part of this Form of Offer and Acceptance the tenderer offers to perform all of the obligations and liabilities of the Consultant under the contract including compliance with all its terms and conditions according to their true intent and meaning for an amount to be determined in accordance with the conditions of contract identified in the Contract Data.

THE OFFERED TOTAL OF THE PRICES INCLUSIVE OF VAT IS: (in words) ……………………………………………………………………………………………………………………..Rands; R ………………………………. including VAT (in figures)

THE OFFERED PRICES ARE AS STATED IN THE PRICING SCHEDULE

This Offer may be accepted by the Employer by signing the Acceptance part of this Form of Offer and Acceptance and returning one copy of this document including the Schedule of Deviations (if any) to the tenderer before the end of the period of validity stated in the Tender Data, or other period as agreed, whereupon the tenderer becomes the party named as the Consultant in the conditions of contract identified in the Contract Data.

Signature(s)

Name(s)

Capacity

For the tenderer:

Name & signature of witness

(Insert name and address of organisation) Date



Acceptance

By signing this part of this Form of Offer and Acceptance, the Employer identified below accepts the tenderer’s Offer. In consideration thereof, the Employer shall pay the Consultants the amount due in accordance with the conditions of contract identified in the Contract Data. Acceptance of the tenderer’s Offer shall form an agreement between the Employer and the tenderer upon the terms and conditions contained in this agreement and in the contract that is the subject of this agreement.

The terms of the contract, are contained in:

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

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

Deviations from and amendments to the documents listed in the Tender Data and any addenda thereto listed in the Returnable Schedules as well as any changes to the terms of the Offer agreed by the tenderer and the Employer during this process of offer and acceptance, are contained in the Schedule of Deviations attached to and forming part of this Form of Offer and Acceptance. No amendments to or deviations from said documents are valid unless contained in this Schedule.

The tenderer shall within two weeks of receiving a completed copy of this agreement, including the Schedule of Deviations (if any), contact the Employer’s agent (whose details are given in the Contract Data) to arrange the delivery of any securities, bonds, guarantees, proof of insurance and any other documentation to be provided in terms of the conditions of contract identified in the Contract Data. Failure to fulfil any of these obligations in accordance with those terms shall constitute a repudiation of this agreement.

Notwithstanding anything contained herein, this agreement comes into effect on the date when the tenderer receives one fully completed original copy of this document, including the Schedule of Deviations (if any). Unless the tenderer (now Consultant) within five working days of the date of such receipt notifies the Employer in writing of any reason why he cannot accept the contents of this agreement, this agreement shall constitute a binding contract between the Parties.

Signature(s)

Name(s)

Capacity

for the Employer

Airports Company South Africa SOC Limited, The Maples, River Woods, 24 Johnson Road. Bedfordview Gauteng 2008

Name & signature of witness

Date



Schedule of Deviations 1 Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

2 Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

3 Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

By the duly authorised representatives signing this agreement, the Employer and the Tenderer agree to and accept the foregoing schedule of deviations as the only deviations from and amendments to the documents listed in the Tender Data and addenda thereto as listed in the returnable schedules, as well as any confirmation, clarification or changes to the terms of the offer agreed by the Tenderer and the Employer during this process of offer and acceptance.

It is expressly agreed that no other matter whether in writing, oral communication or implied during the period between the issue of the tender documents and the receipt by the tenderer of a completed signed copy of this Agreement shall have any meaning or effect in the contract between the parties arising from this agreement.

For the Employer For the Bidder

Signature (s)

Name (s)

Capacity

Name and

Address

Airports Company South Africa SOC

Limited, The Maples, River Woods,

24 Johnson Road. Bedfordview Gauteng

2008

Name &

Signature of

witness

(Insert name and address of organisation) (Insert name and address of organisation)

Date


50 of 86 Part C1.2a: Contract Data SCM Ref no.: KIM 05/2017 Project Number 3432-4411-4412

Part C1.2a Contract Data

The Conditions of contract are selected from the NEC3 Professional Services Contract, April 2013. Each item of data given below is cross-referenced to the clause in the NEC3 Professional Services Contract which requires it.

Part one - Data provided by the Employer

1 General

The conditions of contract are the core clauses and the clauses for Main Option: A- Lump Sum Contract with Activity Schedule

Dispute resolution Option clause : W1

Secondary Options

X1. Price Adjustment

X7 Delay damages

X9 Transfer of rights

X10 Employer’s Agent X11 Termination by the Employer

X13. Performance Bond

X18: Limitation of liability

Z: Additional conditions of contract

of the NEC3 Professional Services Contract , April 2013.

The project stages are:

project stage Key deliverable at end of each stage as described in the Scope and accepted by the Employer No Description

1 Preparation As detailed in the scope of works Part C3

2 Project Initiation As detailed in the scope of works Part C3

3 Concept Design As detailed in the scope of works Part C3

4 Design development and tender documentation

As detailed in the scope of works Part C3

5 Construction Supervision As detailed in the scope of works Part C3

6 Close -Out As detailed in the scope of works Part C3

10.1 The Employer is: Airports Company South Africa SOC Limited , Regional Airport

Address:

Airports Company South Africa SOC Limited, The Maples, River Woods, 24 Johnson Road. Bedfordview, Gauteng, 2008

Tel No: +27 11 723 1400

Fax No: +27 11 453 9354



11.2(9)

The services are: Professional Services for design of water tanks and replacement of mainline water reticulation, as fully set out in the scope of works.

11.2(10) The following matters will be included in the Risk Register

• Availability of As Built information

• Access to Site

• Statutory approvals and ACSA approvals

• Site Constraints and Constructability

• Notification of Claims

• Financial and Procurement

11.2(11) The Scope is in the document called Part 3: Scope of Work

12.2 The law of the contract is the law of the Republic of South Africa

13.1 The language of this contract is English

13.3 The period for reply is 7 days

13.6 The period for retention is 1 year following Completion or earlier termination

2 The Parties’ main responsibilities

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

access to access date

1 as built information and existing services Upon award of the project(s)

2 3

airside and landside safety procedure access to airside and landside

Upon award of the project(s) Upon award of the project(s)

3 Time

31.2 The starting date is on issuing of purchase order. .

11.2(3) The completion date for the whole of the services is 24 months after start date.

11.2(6) The key dates and the conditions to be met are:

Condition to be met key date (end-date)

1 Inspection and Preliminary Design 4 weeks after issuing of purchase order

2 Detailed design 8 weeks after approval of preliminary design

3 4 5

Drafting of tender documentation and evaluation Contract management Close out report

12 weeks after approval of detailed design 78 weeks after appointment of implementation contractor 2 weeks after completion

31.1 The Consultant is to submit a first programme for acceptance within 2 weeks of the Contract Date.

32.2 The Consultant submits revised programmes at intervals of 4 weeks.

4 Quality

40.2 The quality policy statement and quality plan are provided within 2 weeks of the Contract Date.



41.1 The defects date is 52 weeks after Completion of the whole of the services.

5 Payment

50.1 The assessment interval ends and starts at 12h00 on the 25th day of each successive month.

51.1 The period within which payments are made is 4 weeks, after the receipt of the tax invoice.

51.2 The currency of this contract is the South African Rand (ZAR).

51.5 The interest rate is the prime lending rate of Standard Bank at any given time.

6 Compensation events No data required for this section of the conditions of contract.

7 Rights to material No data required for this section of the conditions of contract.

8 Indemnity, insurance and liability Refer to Part C1.4- generic conditions of contract insurance clauses

81.1 The amounts of insurance and the periods for which the Consultant maintains insurance are

Event Cover Period following Completion of the whole of the services or earlier termination

failure by the Consultant to use the skill and care normally used by professionals providing services similar to the services

Refer to PartC1.4 (The period is the contract

period plus latent defect period = total)

death of or bodily injury to a person (not an employee of the Consultant) or loss of or damage to property resulting from an action or failure to take action by the Consultant

Refer to PartC1.4

death of or bodily injury to employees of the Consultant arising out of and in the course of their employment in connection with this contract

Refer to PartC1.4

81.1 The Employer provides insurance cover for the project

82.1 Deductibles:

• In the event where the consultant defaults in its insurance obligations, the employer may take insurance on their own and then deduct the monthly premiums from the consultant.

• Refer to Part C1.4

9 Termination Refer to Secondary Clause X11.

10 Data for main Option clause

21.3 The Consultant prepares forecasts of the total of the expenses at intervals of no longer than 4 weeks.

11 Data for Option W1



W1.1 The Adjudicator is the person selected by the Parties as and when a dispute arises in terms of the relevant Z Clause, from the Panel of Adjudicators provided under the relevant Z clause

W1.2(3) The adjudicator nominating body is the current Chairman of the Johannesburg Advocates’ Bar Council.

W1.4(2) The tribunal is Arbitration

W1.4(5) The arbitration procedure is as set out in the Conduct of arbitrations published by the association of Arbitrators (Southern Africa) of its successor body.

The place where arbitration is to be held is Johannesburg, South Africa.

The person or organisation who will choose an arbitrator if the Parties cannot agree a choice or if the arbitration procedure does not state who selects an arbitrator, is the Chairman of the Association of Arbitrators (Southern Africa) or its successor body

12 Data for secondary Option clauses

X1 Price Adjustment

X1.2. Price Adjustment Option A: the total tendered price shall be fixed for the duration of the contract. Price adjustments shall be factored in when pricing.

X7

Delay Damages

X7.1. Delay damages for each section of the work are 0.05% of the contract value per week

X10 The Employer’s Agent

X10.1 The Employer’s Agent is

Name: Sibusiso Lukhele

Address: Airports Company South Africa SOC Limited Regional Airports 39 Wordsworth Avenue Saint Adrew Office Park, Block C Senderwood Bedfordview 2008

The authority of the Employer’s Agent is Project Manager.

X11 Termination by Employer

X11.1 The Employer may terminate the Consultant’s obligation to Provide the services for a reason not stated in this contract by notifying the Consultant.

X13. Performance Bond

X13.1 The performance bond shall be 10% of the total contract value and it should be provided as detailed in Part C1.3.

X18 Limitation of liability

X18.1 The Consultant’s liability to the Employer for indirect or consequential loss is Nil

The Employer’s liability to the Consultant for indirect or consequential loss is Nil The total Direct liability does not exceed 100% of the contract value cumulative total for either party



X18.2 The Consultant’s liability to the Employer for Defects that are not found until after the defects date is capped at the total of the contract price.

X18.3 The end of liability date is 1 year after Completion of the whole of the services.

ADDITIONAL CONDITINS OF CONTRAC

Z1

Z2

Estimation of fees It is specifically recorded that the fees charged by the consultant for services rendered in connection with and/or under this Contract shall be in terms of: The Engineering Council of South Africa (ECSA) Tax invoices The Consultant’s invoice. Delete the first sentence of core clause 50.2 and replace with: Invoices submitted by the Consultant to the Employer include

• the details stated in the Scope to show how the amount due has been assessed, and

• the details required by the Employer for a valid tax invoice. Delete the first sentence of core clause 51.1 and replace with: Each payment is made by the Employer within four weeks of receiving the Consultant’s invoice showing the details which this contract requires or, if a different period is stated in the Contract Data, within the period stated.

Z3 Communications and Notices Z3.1 Add to the end of the first sentence in core Clause 13.1: All notices, notifications, requests, demands or other communications shall be deemed to have reached the other Party –

- if delivered by hand, on the date of delivery; - if posted by ordinary mail or registered post, on the 5th (fifth) calendar day following the date of such

posting; - if transmitted by facsimile or any other electronic medium acceptable to both Parties, on the first

Business Day following the date of transmission / publication / delivery.

Z4 Appointment of the Adjudicator An Adjudicator is appointed when a dispute arises, from the Panel of Adjudicators below. The referring party nominates an Adjudicator, which nomination is either accepted or rejected by the other party. In the instance of a rejection of the nominated Adjudicator, the referring Party refers the appointment deadlock to the Chairman of the Johannesburg Bar Council, who appoints an Adjudicator listed in the Panel of Adjudicators below. The Parties appoint the Adjudicator under the NEC3 Adjudicator’s Contract, April 2013



PANEL OF ADJUDICATORS

Name Location Contact details (phone & e mail)

Adv. Ghandi Badela Gauteng +27 11 282 3700 [email protected]

Mr. Errol Tate Pr. Eng. Durban +27 11 262 4001 [email protected]

Adv. Saleem Ebrahim Gauteng +27 11 535-1800 [email protected]

Mr. Sebe Msutwana Pr. Eng. Gauteng +27 11 442 8555 [email protected]

Mr. Sam Amod Gauteng [email protected]

Adv. Sias Ryneke SC Gauteng 083 653 2281 [email protected]

Mr. Emeka Ogbugo (Quantity Surveyor)

Pretoria +27 12 349 2027 [email protected]

Z4.1

Appointment of the Arbitrator An Arbitrator is appointed when a dispute arises from the Panel of Arbitrators below. The referring party nominates an Arbitrator, which nomination is either rejected or accepted by the either party. In the instance of a rejection of the nominated Arbitrator, the referring party refers the Appointment deadlock to the Chairman of the Johannesburg Bar Council, who appoints an Arbitrator listed in the Panel of Arbitrators below. An appointed Arbitrator shall provide his written award no later than 30 days following the last day of closing arguments.

PANEL OF ARBITRATORS

Name Location Contact details (phone & e mail)

Adv. Ghandi Badela

Gauteng +27 11 282 3700 [email protected]

Mr. Errol Tate Pr. Eng.

Durban +27 11 262 4001 [email protected]

Adv. Saleem Ebrahim

Gauteng +27 11 535-1800 [email protected]

Mr. Sebe Msutwana Pr. Eng.

Gauteng +27 11 442 8555 [email protected]

Mr. Sam Amod

Gauteng [email protected]















Adv. Sias Ryneke SC

Gauteng 083 653 2281 [email protected]

Mr. Emeka Ogbugo (Quantity Surveyor)

Pretoria +27 12 349 2027 [email protected]

Z5 Interpretation of the law

Add to core clause 12.3: Any extension, concession, waiver or relaxation of any action

stated in this contract by the Parties, 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.

Z6 Providing the Works: Delete core clause 20.1 and replace with the following:

The Consultant will supervise the works in accordance with the Works Information and

warrants that the results of the Works done in accordance with the drawings and

specifications, when complete, shall be fit for their intended purpose.

Z7 Extending the defects date: add the following as a new core clause 46:

Z7.1 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.

Z7.2 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.

Z7.3 The Project Manager notifies the Consultant of the change to a defect date when the delay occurs. The period between Completion and an extended defects date does not exceed twice the period between Completion and the defects date stated in the Contract Data.

Z8 Termination

Z8.1 Add the following to core clause 91.1, at the second main bullet, fifth sub-bullet point,

after the words “assets or”: “business rescue proceedings are initiated or steps are taken to

initiate business rescue proceedings”.





Z9 Cession, delegation and assignment

Z9.1 The Consultant 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.

Z9.2 The Employer may, on written notice to the Consultant, cede and delegate its rights and obligations under this contract to any person or entity.

Z10 Z10.1

Ethics The Consultant Undertakes:

Z10.1.1 not to give any offer, payment, consideration, or benefit of any kind, which constitutes or could be construed as an illegal or corrupt practice, either directly or indirectly, as an inducement or reward for the award or in execution of this contract;

Z10.1.2 to comply with all laws, regulations or policies relating to the prevention and combating of bribery, corruption and money laundering to which it or the Employer is subject, including but not limited to the Prevention and Combating of Corrupt Activities Act, 12 of 2004.

Z10.2 The Consultant’s breach of this clause constitutes grounds for terminating the Consultant’s obligation to Provide the Works or taking any other action as appropriate against the Consultant (including civil or criminal action). However, lawful inducements and rewards shall not constitute grounds for termination.

Z10.3 If the Consultant is found guilty by a competent court, administrative or regulatory body of participating in illegal or corrupt practices, including but not limited to the making of offers (directly or indirectly), payments, gifts, gratuity, commission or benefits of any kind, which are in any way whatsoever in connection with the contract with the Employer, the Employer shall be entitled to terminate the contract in accordance with the procedures stated in core clause 92.2. the amount due on termination is A1.

Z11. Confidentiality

Z11.1. All information obtained in terms of this contract or arising from the implementation of this contract shall be treated as confidential by the Consultant 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.

Z11.2 If the Consultant is uncertain about whether any such information is confidential, it is to be regarded as such until otherwise notified by the Project Manager.

Z11.3 This undertaking shall not apply to –

Z11.3.1 Information disclosed to the employees of the Consultant for the purposes of the implementation of this agreement. The Consultant 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;

Z11.3.2 Information which the Consultant is required by law to disclose, provided that the Consultant notifies the Employer prior to disclosure so as to enable the Employer to take the appropriate action to protect such information. The Consultant 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; and



Z11.3.3 Information which at the time of disclosure or thereafter, without default on the part of the Consultant, enters the public domain or to information which was already in the possession of the Consultant at the time of disclosure (evidenced by written records in existence at that time).

Z11.4 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.

Z11.5 The Consultant ensures that all his Sub-Consultants abide by the undertakings in this clause.

Z12. Employer’s Step-in rights

Z12.1 If the Consultant 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 sub-Consultant or supplier of the Consultant) to do so on his behalf. The reasonable costs of such remedial works shall be borne by the Consultant.

Z12.2 The Consultant 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 Consultant under the contract or otherwise for and/or in connection with the works) and generally does all things required by the Project Manager to achieve this end.

Z13. Intellectual Property

Z13.1 Intellectual Property (“IP”) rights means all rights in and to any patent, design, copyright, trade mark, trade name, trade secret or other intellectual or industrial property right relating to the Works.

Z13.2 IP rights remain vested in the originator and shall not be used for any reason whatsoever other than carrying out the works.

Z13.3 The Consultant gives the Employer an irrevocable, transferrable, non-exclusive, royalty free licence to use and copy all IP related to the works for the purposes of constructing, repairing, demolishing, operating and maintaining the works.

Z13.4 The Consultant 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:

Z13.4.1 the Consultant’s design, manufacture, construction or execution of the Works;

Z13.4.2 the use of the Consultant’s Equipment, or

Z13.4.3 the proper use of the Works.



Z13.5 The Employer shall, at the request and cost of the Consultant, assist in contesting the claim and the Consultant may (at its cost) conduct negotiations for the settlement of the claim, and any litigation or arbitration which may arise from it.

Z14 Dispute resolution: The following amendments are made to Option W1:

Z14.1 Under clause W1.3, in the fourth row of the first column of the adjudication table, the

following words are added after the words “any other matter”: “excluding disputes relating

to termination of the contract”.

Z14.2 The following clauses are added at the end of clause W1.3:

Z14.2.1 “The Adjudicator shall decide the dispute solely on the written submissions of the parties. No

oral submissions shall be heard during adjudication.”

Z14.2.2 Z15

“Disputes relating to or arising from termination of the Contract shall not be determined by an

adjudicator. Any such dispute shall be referred directly to arbitration.”

The Consultant shall be expected to annually present a compliant BEE 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.


60 of 86 Part C1.2b: Contract Data SCM Ref no.: KIM 05/2017 Project Number 3432-4411-4412

Part C1.2b Contract Data

The conditions of contract are the NEC3 Professional Service Contract, April 2013 Each item of data given below is cross-referenced to the clause in the NEC3 Professional Service Contract to which it mainly applies.

Part two - Data provided by the Consultant

Clause Statement

10.1 The Consultant is (Name):

Address:

Tel No.:

Fax No.:

Email:

22.1 The Consultant’s key persons are:

1 Name:

Job: Role in this Project

Responsibilities:

Qualifications:

Experience:

2 Name:


Responsibilities:

Qualifications:

Experience:

3 Name:


Responsibilities:

Qualifications:

Experience:


61 of 86 Part C1.2b: Contract Data SCM Ref no.: KIM 05/2017 Project Number 3432-4411-4412

4 Name:


Responsibilities:

Qualifications:

Experience:

11.2(3) The completion date for the whole of the services is as required by ACSA

11.2(10) The following matters (if any) will be included in the Risk Register

• Availability of As-Built Information

• Access to Site

• Progress vs Programme

• Cash Flow Management

11.2(13) The staff rates are as stated in the Pricing Data

A

Priced contract with activity schedule

11.2(14) The activity schedule is in the Pricing Data

11.2(18) The tendered total of the Prices is in the Form of Offer and Acceptance


62 of 86 Part C1.3: Pro-Forma Guarantees SCM Ref no.: KIM 05/2017 Project Number 3432-4411-4412

Part C1.3 Pro-forma Guarantee (Performance Bond)

Pro forma Performance Bond – Demand Guarantee (for use with Option X13) (to be reproduced exactly as shown below on the letterhead of the Bank providing the Bond / Guarantee)

Airports Company South Africa SOC Limited, The Maples, River Woods, 24 Johnson Road. Bedfordview Gauteng 2008

Bank reference No.

Date:

Dear Sirs,

Performance Bond – Demand Guarantee for [insert name of Consultant] required in terms of contract [insert

Consultant’s contract reference number or title]

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

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

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

1.3 “Contract” means the written agreement relating to the Services, entered into between the Employer

and the Consultant, on or about the [●] day of [●] 200[●] (Contract Reference No.

[●]) as amended, varied, restated, novated or substituted from time to time;

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

No [●].

1.5 “Employer” means [●] a company registered in accordance with the laws of the Republic of South

Africa under Registration Number [●]

1.6 “Expiry Date” means the earlier of

• the date that the Bank receives a notice from the Employer stating that all amounts due from the Consultant as certified in terms of the contract have been received by the Employer and that the Consultant has fulfilled all his obligations under the Contract, or

• the date that the Bank issues a replacement Bond for such lesser or higher amount as may be required by the Employer.

1.7 “Guaranteed Sum” means the sum of R[●], ([●] Rand)

1.8 “Services” means [●]



2. At the instance of the Consultant, we the undersigned ______________ and ______________, in our respective capacities as _____________ and ___________ of the Bank, and duly authorized thereto, confirm that we hold the Guaranteed Sum at the disposal of the Employer as security for the proper performance by the Consultant of all of its obligations in terms of and arising from the Contract and hereby undertake to pay to the Employer, on written demand from the Employer received prior to the Expiry Date, any sum or sums not exceeding in total the Guaranteed Sum.

3. A demand for payment under this guarantee shall be made in writing at the Bank’s address and shall:

• be signed on behalf of the Employer by a director of the Employer;

• state the amount claimed (“the Demand Amount’);

• state that the Demand Amount is payable to the Employer in the circumstances contemplated in the Contract.

4. Notwithstanding the reference herein to the Contract the liability of the Bank in terms hereof is as principal and not as surety and the Bank’s obligation/s to make payment:

• is and shall be absolute provided demand is made in terms of this bond in all circumstances; and

• is not, and shall not be construed to be, accessory or collateral on any basis whatsoever.

5. The Bank’s obligations in terms of this Guarantee:

• shall be restricted to the payment of money only and shall be limited to the maximum of the Guaranteed Sum; and

• shall not be discharged and compliance with any demand for payment received by the Bank in terms hereof shall not be delayed, by the fact that a dispute may exist between the Employer and the Consultant.

6. The Employer shall be entitled to arrange its affairs with the Consultant in any manner which it sees fit, without advising us and without affecting our liability under this Guarantee. This includes, without limitation, any extensions, indulgences, release or compromise granted to the Consultant or any variation under or to the Contract.

7. Should the Employer cede its rights against the Consultant to a third party where such cession is permitted under the Contract, then the Employer shall be entitled to cede to such third party the rights of the Employer under this Guarantee on written notification to the Bank of such cession.

8. This Guarantee:

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

• is, save as provided for in 7 above, personal to the Employer and is neither negotiable nor transferable;

• shall be returned to the Bank upon the earlier of payment of the full Guaranteed Sum or expiry hereof;

• shall be regarded as a liquid document for the purpose of obtaining a court order; and

• shall be governed by and construed in accordance with the law of the Republic of South Africa and shall be subject to the jurisdiction of the Courts of the Republic of South Africa.

• will be invalid and unenforceable if any claim which arises or demand for payment is received after the Expiry Date.

9. The Bank chooses domicilium citandi et executandi for all purposes in connection with this Guarantee at the Bank’s Address.



Signed at on this day of 20__

For and on behalf of the Bank

Bank Signatories(s)

Name(s) (printed)

Witness(s)

Bank’s seal or stamp


65 of 86 Part C1.4: Insurance Schedule SCM Ref no.: KIM 05/2017 Project Number 3432-4411-4412

Part C1.4 Insurance – Generic Conditions of Contract Insurance

SECTION A: DEFINITIONS

Landside refers to:

• Areas of the airport before the security points, and

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

terminals and cargo buildings

Airside refers to:

• The Apron / manoeuvring areas

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

terminals, perimeter gatehouses and cargo buildings


66 of 86 Part C1.4: Insurance Schedule SCM Ref no.: KIM 05/2017 Project Number 3432-4411-4412

SECTION B: INSURANCE CLAUSES

1. Insurance requirements for contracts with a value below R50million on the LANDSIDE

1.1 Contract Works

• With regards to contract works claims, the contractor/consultant is responsible for a deductible

(excess) of R250 000.

• Contractors / consultants may re-insure the deductible

1.2 Public Liability

• In the event of a claim against the contractor / consultant for 3rd party property damage the contractor

/ consultant will be responsible for a deductible (excess) of R275 000

• In the event of a claim against the contractor / consultant for removal of lateral support, the contractor


• Contractors / consultants may re-insure the deductibles

1.3 Professional Indemnity

• All consultants are responsible for Professional Indemnity cover of R5million

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

scope, are responsible for Professional Indemnity cover of R5million

• In the event of a claim above R5million, the ACSA PI cover will kick in for the amount in excess of

R5m.

• Proof of cover in the form of a certificate of insurance should be provided to ACSA before a contract

is signed between ACSA and the contractor and/or consultant.

2. Insurance requirements for contracts below R50million on the AIRSIDE

2.1 Contract Works

• With regards to contract works claims, the contractor / consultant is responsible for a deductible

(excess) of R250 000.

• Contractors / consultants may re-insure the deductible

2.2 Public Liability

• In the event of a claim brought against the contractor / consultant for 3rd party property damage the

contractor / consultant will be responsible for a deductible (excess) of R525 000

• In the event of a claim brought against the contractor / consultant for removal of lateral support, the

contractor / consultant will be responsible for a deductible (excess) of R750 000

• In the event of a claim brought against the contractor / consultant for damage to aircraft, the contractor


• Contractors / consultants may re-insure the deductibles

2.3 Professional Indemnity

• All consultants are responsible for Professional Indemnity cover of R5million

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

scope, are responsible for a Professional Indemnity cover of R5million.

• In the event of a claim above R5million, the ACSA PI cover will kick in for the amount in excess of

R5million.

• Proof of cover in the form of a certificate of insurance should be provided to ACSA before a contract

is signed between ACSA and the contractor and/or consultant.


67 of 86 Part C2: Pricing Data SCM Ref no.: KIM 05/2017 Project Number 3432-4411-4412

Part C2: Pricing Data

C2.1 Pricing Instructions

Remuneration for Professional Services Remuneration for professional services will be on Activity Schedule as outlined in the document below. The pricing structure is as per the proposal submitted (RFP ref no. KIM 05/2017) by the Consultants.



C2.2 Price Schedule Pricing structure per activity, as per the proposal submitted (RFP ref no. KIM 05/2017)

Item No


1 Stage 1

Inception Report




2 Stage 2

Preliminary Design




3 Stage 3

Detail Design




4 Stage 4

Documentation and Procurement




5 Stage 5

Contract Administration and Inspection






6 Stage 6

Close-out




7 Disbursements Disbursements Provisional Sum include in total fees including health and safety

R

8 Permits Provisional Sum Airside Induction Training, Vehicle and personal Permits

R 5 000.00

9 Other 1: R

10 Other 2: R

11 Other: 3 R

Sub-Total 1 R

10% Contingency R

Total Fees (Excluding Vat) R

Vat R

*Total Fees (Including Vat) R

*This amount shall be carried over to form of offer Part C1.1

Cost Split per Airport: This is for information purposes only. The sum of the total cost for the

breakdown below should add up to the total project cost excluding contingency cost.

Airport Cost [R]

Total Cost for Kimberley Airport: Water Tank and Supporting Systems

Total Cost for Kimberley Airport: Water Pipeline Reticulation Replacement

Total Cost for East London Airport: Water Tank and Supporting Systems



DISBURSMENT SCHEDULE (a) Only project related costs listed below and presented to ACSA will be compensated by ACSA.

(b) Any disbursement costs related to travelling to and from the airport or accommodation for the purpose of

the project(s) is deemed to be inclusive in the agreed fee structure, unless otherwise agreed in writing by both parties. Disbursement costs not mentioned below (including under note (e)) may be brought to the attention of the ACSA project representative for approval and agreement on the recoverable amount, prior to incurring such cost.

(c) All rates are exclusive of VAT

(d) Health and Safety Agent will be recovered through Disbursements.

(e) No mark-up on any disbursement cost will be paid.

(f) No payment for disbursement will be made for the following:

- Travelling (except for on-site travelling) and accommodation - Typing of correspondence, payment certificates, variation orders, progress reports or financial reports - Telephone calls - Cellular calls - Computer costs - Telefaxes (outgoing or incoming) - Email (sent or received)

Above expenses by the Tenderer are deemed to be inclusive in their professional fees.


71 of 86 Part C3 : Scope of Work SCM Ref no.: KIM 05/2017 Project Number 3432-4411-4412

Part C3: Scope of work

C3.1: EMPLOYER’S SCOPE

Description of the services

Executive overview

In brief, the Consultant will be responsible for:

Developing a detailed design for the domestic water tank at Kimberley and East London Airport including piping

to connect to the existing water reticulation network that supplies the airport with domestic water. The design

should also cater for a booster pump station to allow for adequate supply of water to the terminal building and

the neighbouring areas. East London Airport has an existing domestic water tank with booster pump station,

however the tank capacity is not adequate to meet the water demand during water outages. Kimberley airport

is not equipped with a domestic water tank, domestic water is supplied by the municipal line directly to the

building

Developing a detailed design for the replacement of domestic water mainline reticulation at Kimberley airport.

The water reticulation pipeline shall be designed in conjunction with the domestic water tank design to allow

for a complete system.

The consultant will also be responsible for development of the tender documentation for the implementation

phase; contract administration and site inspection; and compilation of the close out report as more detailed in

the specifications below.

The design shall take into consideration the climate conditions in the different locations (i.e. corrosion

protection, use of corrosion resistant material, etc.), however standardisation in the designs shall be key.

Note: as built drawings are not available, identification and mapping of the current reticulation pipeline should

be taken into consideration when pricing.

Objectives: The objectives is to develop a detailed design for the replacement of the asbestos cement water reticulation

pipeline and development of a detail design for the domestic water tanks and supply systems at Kimberley and

east London airport.

The project shall be delivered in stages and the project stages are:

• Inception Report

• Preliminary Design

• Detailed Design

• Documentation

• Contract Administration and inspection

• Close-Out



Specification and description of the services

The professional services are for designing of the domestic water tank and replacement of water mainline reticulation at East London and Kimberley airports. The scope of services will be divided into the following stages (the components are as per the Government Gazette No. 39480, 2015) :

Stage 1 Inception Report

(1) Assist in developing a clear project brief. (2) Attend project initiation meetings. (4) Advise on the rights, constraints, consents and approvals. (5) Define the services and scope of work required. (6) Conclude the terms of the agreement with the client. (7) Inspect the site and advise on the necessary surveys, analyses, tests and site or other investigations where such information will be required for Stage 2 including the availability and location of infrastructure and services. (8) Determine the availability of data, drawings and plans relating to the project. (9) Advise on criteria specific to own scope of work that could influence the project life cycle cost significantly. (10) Provide necessary information within the agreed scope of the project to other consultants involved. Deliverables for this phase will include:

• Agreed services and scope of work.

• Report on project, site and functional requirements.

• Schedule of required surveys, tests, analyses, site and other investigations.

• Schedule of consents and approvals and related lead times.

Stage 2 Preliminary Design

(1) Agreed documentation programme with consultant (2) Attend design and consultants’ meetings. (3) Establish the concept design criteria. (4) Prepare initial concept design and related documentation. (5) Advise the Employer regarding further surveys, analyses, tests and investigations which may be required. (6) Establish regulatory authorities’ requirements and incorporate into the design. (7) Refine and assess the concept design to ensure conformance with all regulatory requirements and consents. (8) Establish access, utilities, services and connections required for the design. (9) Coordinate design interfaces with other systems involved. (10) Prepare preliminary process designs, preliminary designs, and related documentation for approval by authorities and client and suitable for costing. (11) Provide cost estimates and comment on life cycle costs as required. (12) Liaise, co-operate and provide necessary information to the Employer, Deliverables for this phase will include:

• Concept design.

• Schedule of required surveys, tests and other investigations and related reports.

• Process design.

• Preliminary design.

• Cost estimates as required.

Stage 3: Detailed Design

(1) Review documentation programme with Employer (2) Attend design and consultants’ meetings. (3) Incorporate Employee’s and authorities’ detailed requirements into the design. (4) Incorporate other consultants’ designs and requirements into the design. (5) Prepare design development drawings including draft technical details and specifications.



(6) Review and evaluate design and outline specification and exercise cost control. (7) Prepare detailed estimates of construction cost. (8) Liaise, co-operate and provide necessary information to the Employer (9) Submit the necessary design documentation to local and other authorities for approval. Deliverables for this phase will include:

• Design development drawings.

• Outline specifications.

• Local and other authority submission drawings and reports.

• Detailed estimates of construction costs.

Stage 4: Documentation

(1) Attend design and consultants’ meetings. (2) Prepare specifications and preambles for the works. (3) Accommodate services design. (4) Check cost estimates and adjust designs and documents if necessary to remain within budget. (5) Prepare documentation for contractor procurement. (6) Review designs, drawings and schedules for compliance with approved budget. (7) Call for tenders and/or negotiation of prices and/or assist the Employer where relevant. (8) Liaise, co-operate and provide necessary information to the Employer as required. (9) Assist in the evaluation of tenders. (10) Assess samples and products for compliance and design intent. Deliverables for this phase will include:

• Specifications.

• Services co-ordination.

• Working drawings.

• Budget construction cost.

• Tender documentation.

• Tender evaluation report.

• Tender recommendations.

• Priced contract documentation.

Stage 5: Contract Administration and inspection

(1) Attend site handover. (2) Issue construction documentation in accordance with the documentation schedule including, in the case of structural engineering, reinforcing bending schedules and detailing and specifications of structural steel sections and connections. (3) Carry out contract administration procedures in terms of the contract. (4) Prepare schedules of predicted cash flow. (5) Prepare pro-active estimates of proposed variations for client decision making. (6) Attend regular site, technical and progress meetings. (7) Review the Contractor’s quality control programme and advise and agree on a quality assurance plan. (8) Inspect the works for quality and conformity to contract documentation, on average once every 4 weeks during the course of the works as described in more detail in 3.3.2 for Level 1: periodic construction monitoring. (9) Review the outputs of quality assurance procedures and advise the contractor and Employer on the adequacy and need for additional controls, inspections and testing. (10) Adjudicate and resolve financial claims by contractor(s). (11) Assist in the resolution of contractual claims by the contractor. (12) Establish and maintain a financial control system. (13) Clarify details and descriptions during construction as required. (14) Prepare valuations for payment certificates to be issued by the principal agent. (15) Instruct witness and review all tests and mock ups carried out both on and off site. (16) Check and approve contractor drawings for design intent. (17) Update and issue drawings register.



(18) Issue contract instructions as and when required. (19) Review and comment on operation and maintenance manuals, guarantee certificates and warranties. (20) Inspect the works and issue practical completion and defects lists. (21) Arrange for the delivery of all test certificates, statutory (regulatory) and other approvals, as built drawings and operating manuals Deliverables for this phase will include:

• Schedules of predicted cash flow.

• Construction documentation.

• Drawings register.

• Estimates for proposed variations.

• Contract instructions.

• Financial control reports.

• Valuations for payment certificates.

• Progressive and draft final account(s)

• Practical completion and defects list

• All statutory certification and certificates of compliance as required by the Local and

• other Statutory Authorities

Stage 6: Close-Out

(1) Inspect and verify the rectification of defects (2) Receive, comment and approve relevant payment valuations and completion certificates (3) Facilitate and/or procure final operations and maintenance manuals, guarantees and warranties. (4) Prepare and/or procure as-built drawings and documentation. (5) Conclude the final accounts where relevant. Deliverables for this phase will include:

• Valuations for payment certificates

• Works and final completion lists

• Operations and maintenance manuals, guarantees and warranties

• As-built drawings and documentation

• Final accounts

Design Specification/Standards

The below list should be used as a guide; however it is not exhaustive. The Consultant shall ensure compliance current and relevant industry standards and norms pertaining to the Works

• SANS 966 : Components of Pressure Pipe System

• SANS 241: Drinking Water Quality Programme

• ISO 9001:2008: Quality Management System

• OHS Act: Occupational Health &Safety Act 85 of 1993

Drawing requirements

All drawings shall bear accepted contract references using a project title block which is accepted by the Employer. Detailed revision blocks and drawing numbers are suffixed accordingly. All drawings, particularly layout drawings, submitted for acceptance shall be to a scale acceptable to the Employer. All drawings are to be made to scale and fully detailed and dimensioned. All dimensions marked on the drawings are to be considered correct, although measurements by scale may differ therefrom. The material from which each part is to be made shall be indicated. The drawings include tolerances for manufacture and installation. The tolerances are suitable and of sufficient accuracy to provide safe and trouble free construction and operation over the life of the component.



All copies of drawings submitted to the Employer are to be provided in the form of 4 prints on white paper with black lines. The drawing size is A3 unless the use of another size is unavoidable. All native electronic format documents are also provided. All drawings shall be dimensioned in metric units unless the use of another unit is required and/or recommended, e.g. imperial sizes for flange holes, studs, etc. Where applicable, drawings shall show a graphic scale key plan and north arrow. Dates on drawings shall be reflected in the following format: dd/mm/ccyy. Revisions shall be designated R0, R1, R2, R3, etc., commencing with the first issue. All revisions shall be clearly described in the revision column bearing the revision number. All as-built and CAD data produced for this project adhere to the standards and requirements set out in the ACSA CAD Standards and ensure that throughout the project life a complete set of drawings is updated with “As-built” information in the required format. ACSA CAD Standards:

• Title block should clearly specify the project name & number; the status of the project, i.e. (Approval/ Construction/ As-builds) and the dates of any up-dating done in the drawing. The contractors/ consultants will be issued with the ACSA drawing Logo.

• Title block should clearly specify the consultants/ contractors working in the project; their contact details and physical address and also the responsibilities of the consultants/contractors. This will help with the tracking and tracing the project data if we might need in the future and for references.

• Line scale and line type must be clear.

• The components in the drawings should be in their own layers and we should be able to switch them on/off. They should be indicated on the plans specially and must have attribute data to identify them. This makes it easy to work on and extract only the specific layers needed.

• If XREF’s are used, they should be attached/ bind on the drawing.

• The text type and dimensions must be in ISO Standard and; also in their own layers.

• All As-built drawings should be issued in Auto-CAD; electronic format and in 3 X discs, accompanied by the drawing register.

• The issued As-built drawings, depending on the scope of the project should include: Services drawings; Architect drawings; Close out Reports and Certificates of compliance. Close out Reports and Certificates of compliance must be in pdf.

• At the hand over stage 3 X discs with as-built must be issued by the contractor/consultant to the ACSA project manager; who will then issue 1 X discs/CDs directly to the Assets Information Management Office/ GIS.

Please note that all service providers are requested to submit all As-built drawings to the CAD Office at the airports within 14 working days after the completion of the project. The As-builts must submitted in AutoCAD and PDF format; as indicated in the above points.

Design Software and Programmes/Methodologies to be utilised

AutoCAD,



Constraints on how the Consultant Provides the Services.

Management meetings

To be able to manage the contract, the Employer and Consultants will have various meetings, to proactively and jointly manage and minimise adverse risks to the project. The attendees shall have the necessary delegated authority to make decisions in respect of matters discussed at such meetings. Regular meetings of a general nature may be convened and chaired by the Employer’s Agent as follows:

Title and purpose Approximate time & interval

Location Attendance by:

Risk register and compensation events

Monthly To be confirmed Employer’s Agent, Consultant

Overall contract progress and feedback

Monthly To be confirmed Employer’s Agent, Consultant

Meetings of a specialist nature may be convened as specified elsewhere in this Scope or if not so specified by persons and at times and locations to suit the Parties, the nature and the progress of the services. Records of these meetings shall be submitted to the Employer’s Agent by the person convening the meeting within five days of the meeting. All meetings shall be recorded using minutes or a register prepared and circulated by the person who convened the meeting. Such minutes or register shall not be used for the purpose of confirming actions or instructions under the contract as these shall be done separately by the person identified in the conditions of contract to carry out such actions or instructions.

Consultant’s key persons

The Consultant is required to nominate a senior partner or director who will have overall responsibility for this project and other senior personnel responsible for the execution of the project. No change may be made without prior consultation with and approval by the Employer. The Consultant is required to submit an organogram showing the key persons and their lines of authority / communication.

Work Plan

Objectives The project shall be done firstly in accordance with the Employer’s objective as per his appointed NEC Scope of Works Briefing with detail tasks and deliverables for each of the project stages, i.e. Scoping and Brief Stage, Preliminary Design Stage, Detail Design and Bid Stage, Working Drawing Stage and Construction Stage.

ISO Quality management System All projects shall be managed in accordance with strict ISO 9001 quality system ensuring quality in design, administration, reports and site administration. Consultants must be accredited with ISO9001 compliance and each project shall be administrated with respect to quality and technical compliance, in accordance with these strict international Quality Procedures.

Programme and monthly feedback A detailed programme for each project needs to be submitted within 14days of appointment and updated regularly/monthly.



Consultation and Client Feedback Detailed consultation with the designated ACSA representative and on-going feedback and reporting during feasibility preliminary design, detailed design and construction stages will be essential in delivering optimal and acceptable solutions which are in line with ACSA specifications and budget allocations. A monthly progress and cost report shall be done from detail design stage onwards till construction ends.

Understanding the Works The Employer is not responsible for the failure of the Consultant to understand the precise nature of his undertaking under this contract or for any erroneous interpretation concerning the conditions affecting his performance, it being recognized that the Employer provided the Consultant sufficient opportunity to ask the Employer for clarification of the terms and conditions of this contract prior to submission of his tender to provide the services.

Compliance with Laws The Consultant keeps himself fully informed of, and complies with all laws which apply to the Works and/or Services and/or to Providing the Works and/or Services (including laws which apply to persons employed to provide the Services and/or Works). “Laws” includes all national and provincial legislation, statutes ordinances and other laws and regulations and by-laws, orders and decrees of government or other legally constituted public authority and the common law.

Compliance with Codes & Standards The Services comply with the codes and standards stated in the Scope. To the extent not stated, the Services comply with internationally recognised codes and standards which are accepted by the Employer. In case of conflict between national, international codes, standards or guidelines and/or the requirements specified in this Scope, and unless otherwise instructed by the Employer, the more onerous one takes precedence; provided always that the Services comply as a minimum and in any event, with applicable law and mandatory South African national codes, standards and guidelines.

Environment, Health and safety

The Consultant shall at all times comply with the health and safety requirements prescribed by law as they may apply to the services.



OCCUPATIONAL HEALTH AND SAFETY AGREEMENT

IN TERMS OF SECTION 37(2) OF THE OCCUPATIONAL HEALTH & SAFETY ACT (ACT 85 Of 1993) &

CONSTRUCTION REGULATION 5.1(k)

OBJECTIVES

To assist Airport Company South Africa (ACSA) to comply with the requirements of:

1. The Occupational Health & Safety (Act 85 of 1993) and its regulations and

2. The Compensation for Occupational Injuries & Diseases Act (Act 130 of 1993) 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 Organization:

AIRPORTS COMPANY SOUTH AFRICA SOC Limited

Physical Address:

Port Elizabeth International Airport

Administrator Office, Aeropark Office Complex Block A, 1st floor

Allister Miller Drive

Eastern Cape

6065

Hereinafter referred to as “Client”

Name of organisation:

Physical Address:



Hereinafter referred to as “the Mandatary/ Principal Contractor”

MANDATORY’S MAIN SCOPE OF WORK

To be completed by contractor

GENERAL INFORMATION FORMING PART OF THIS AGREEMENT

1. The Occupational Health & Safety Act comprises of SECTION 1-50 and all un-repealed REGULATIONS promulgated in terms of the former Machinery and Occupational Safety Act No.6 of 1983 as amended as well as other REGULATIONS which may be promulgated in terms of the Act and other relevant Acts pertaining to the job in hand.

2. “Mandatary” is defined as including as agent, a principal contractor or a contractor for work, but WITHOUT DEROGATING FROM HIS/HER STATUS IN HIS/HER RIGHT AS AN EMPLOYER or user of the plant

3. Section 37 of the Occupational Health & Safety Act potentially punishes Employers (PRINCIPAL CONTRACTOR) for unlawful acts or omissions of Mandataries (CONTRACTORS) save where a Written Agreement between the parties has been concluded containing arrangements and procedures to ensure compliance with the said Act BY THE MANDATARY.

4. All documents attached or refer to in the above Agreement form an integral part of the Agreement. 5. To perform in terms of this agreement Mandataries must be familiar and conversant with the

relevant provisions of the Occupational Health & Safety Act 85 of 1993 (OHS Act) and applicable Regulations.

6. Mandatories who utilize the services of their own Mandatories (contractors) must conclude a similar Written Agreement with them.

7. Be advised that this Agreement places the onus on the Mandatary to contact the CLIENT in the event of inability to perform as per this Agreement.

8. This Agreement shall be binding for all work the Mandatary undertakes for the client. 9. All documentation as per the Safety checklist including a copy of the written Construction Manager

appointment in terms of construction regulation 8, must be submitted 7 days before work commences.

THE UNDERTAKING

The Mandatary undertakes to comply with:



INSURANCE

1. The Mandatary warrants that all their employees and/or their contractor’s employees if any are covered in terms of the COID Act, which shall remain in force whilst any such employees are present on the Client’s premises. A letter is required prior commencing any work on site confirming that the Principal contractor or contractor is in good standing with the Compensation Fund or Licensed Insurer.

2. The Mandatary warrants that they are in possession of the following insurance cover, which cover shall remain in force whilst they and /or their employees are present on the Client’s premises, or which shall remain in force for that duration of their contractual relationship with the Client, whichever period is the longest.

• 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.

COMPLIANCE WITH THE OCCUPATIONAL HEALTH &SAFETY ACT 85 OF 1993

The Mandatary undertakes to ensure that they and/or their subcontractors if any and/or their respective

employees will always 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 OHS Act 85 of 1993, if the Mandatary assigns any duty in terms of Section 16(2), a copy of such written assignment shall immediately be forwarded to the Client.

3. The Mandatary shall ensure that he/she familiarise himself/herself with the requirements of the OHS Act 85 of 1993 and that s/he and his/her employees and any of his subcontractors comply with the requirements.

4. The Mandatary shall ensure that a baseline risk assessment is performed by a competent person before commencement of any work in the Client’s premises. A baseline risk assessment document will include identification of hazards and risk, analysis and evaluation of the risks and hazards identified, a documented plan and safe work procedures to mitigate, reduce or control the risks identified, and a monitoring and review plan of the risks and hazards.

5. The Mandatary shall appoint competent persons who shall be trained on any Occupational Health & Safety aspect pertaining to them or to the work that is to be performed.

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

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

8. Written safe working practices/procedures and precautionary measures shall be made available and enforced and all employees shall be made conversant with the contents of these practises.

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

10. All incidents/accidents referred to in OHS Act shall be reported by the Mandatary to the Provincial Director: Department of Labour as well as to the Client.

11. No user shall be made by the Mandatary and/or their employees and or their subcontractors of



any of the Client’s machinery/article/substance/plant/personal protective equipment without prior written approval.

12. The Mandatary shall ensure that work for which the issuing of permit is required shall not be performed prior to the obtaining of a duty completed approved permit.

13. The Mandatary shall ensure that no alcohol or any other intoxicating substance shall be allowed on the Client’s premises. Anyone suspected to be under the influence of alcohol or any other intoxicating substance shall not be allowed on the premises. Anyone found on the premises suspected to be under the influence of alcohol or any other intoxicating substance shall be escorted off the said premises immediately.

14. Full participation by the Mandatary shall be given to the employees of the Client if and when they inquire into Occupational Health & Safety.

FURTHER UNDERTAKING

1. Only a duly authorised representative appointed in terms of Section 16.2 of the OHS Act is eligible to sign this agreement on behalf of the Mandatary. The signing power of this representative must be designated in writing by the Chief Executive Officer of the Mandatary. A copy of this letter must be made available to the Client.

2. The Mandatary confirms that he has been informed that he must report to the Client’s management, in writing anything he/she deems to be unhealthy and /or unsafe. He has versed his employees in this regard.

3. The Mandatary warrants that he/she shall not endanger the health & safety of the Client’s employees and other persons in any way whilst performing work on the Client’s premises.

4. The Mandatary understands that no work may commence on the Client’s premises until this procedure is duly completed, signed and received by the Client.

5. Non-compliance with any of the above clauses may lead to an immediate cancellation of the contract.

ACCEPTANCE BY MANDATARY

In terms of section 37(2) of the Occupational Health & Safety Act 85 of 1993 and section 5.1(k) of the

Construction Regulations 2014,

I, ……………………………………………………. (Identity Number: …………………..), a duly authorised

16.2 Appointee acting for and on behalf of ……………………………………. undertake to ensure that the

requirements and the provision of the OHS Act 85 of 1993 and its regulations are complied with.

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

Expiry date ………………………………………………………………………………

________________________________________ _______________

SIGNATURE ON BEHALF OF MANDATARY DATE

(Warrant his authority to sign)



_________________________________________ _______________

SIGNATURE ON BEHALF OF THE CLIENT DATE

AIRPORT COMPANY SOUTH AFRICA



ENVIRONMENTAL TERMS AND CONDITIONS TO COMMENCE WORK - EMS 048

The following Environmental Terms and Conditions shall be strictly adhered to by all contractors

when conducting works for ACSA. ACSA shall audit contractor activities, products and services on

an ad hoc basis to ensure compliance to these environmental conditions. Any pollution clean-up

costs shall be borne by the contractor.

ISSUE REQUIREMENT

Environment

al Policy

ACSA’s Environmental Policy shall be communicated, comprehended and

implemented by all ACSA appointed contractor staff.

Storm water,

Soil and

Groundwater

Pollution

• No solid or liquid material may be permitted to contaminate or potentially

contaminate storm water, soil or groundwater resources.

• Any pollution that risks contamination of these resources must be cleaned-

up immediately. Spills must be reported to ACSA immediately. Contractors

shall supply their own suitable clean-up materials where required.

• Washing, maintenance and refuelling of equipment shall only be allowed in

designated service areas on ACSA property. It is the contractor’s

responsibility to determine the location of these areas.

• No leaking equipment or vehicles shall be permitted on the airport.

Air Pollution

• Dust: Dust resulting from work activities that could cause a nuisance to

employees or the public shall be kept to a minimum.

• Odours and emissions: All practical measures shall be taken to reduce

unpleasant odours and emissions generated from work related activities.

• Fires: No open fires shall be permitted on site.

Noise

Pollution

• All reasonable measures shall be taken to minimize noise generated on site

due to work operations.

• The Contractor shall comply with the applicable regulations regarding noise.

Waste

Management

• Waste shall be separated as general or hazardous waste.

• General and hazardous waste shall be disposed of appropriately at a

permitted landfill site should recycling or re-use of waste not be feasible.

• Under no circumstances shall solid or liquid waste be dumped, buried or

burnt.

• Contractors shall maintain a tidy, litter free environment always in their work

area.

• Contractors must keep on file:

1. The name of the contracting waste company

2. Waste disposal site used

3. Monthly reports on quantities – separated into general, hazardous



and recycled

4. Maintained file of all Waste Manifest Documents and Certificates of

Safe Disposal

5. Copy of waste permit for disposal site

This information must be available during audits and inspections.

Handling &

Storage of

Hazardous

Chemical

Substances

(HCS)

• All HCS shall be clearly labelled, stored and handled in accordance to

Materials Safety Data Sheets.

• Materials Safety Data Sheets shall be stored with all HCS.

• All spillages of HCS must be cleaned-up immediately and disposed of as

hazardous waste. (HCS spillages must be reported to ACSA immediately).

• All contractors shall be adequately informed with regards to the handling

and storage of hazardous substances.

• Contractors shall comply with all relevant national, regional and local

legislation regarding the transport, storage, use and disposal of hazardous

substances.

Water and

Energy

Consumption

ACSA promotes the conservation of water and energy resources. The

contractor shall identify and manage those work activities that may result in

water and energy wastage.

Training &

Awareness

The conditions outlined in this permit shall be communicated to all contractors

and their employees prior to commencing works at the airport.

Penalties

Penalties shall be imposed by ACSA on Contractors who are found to be infringing these requirements

and/or legislation. The Contractor shall be advised in writing of the nature of the infringement and the

amount of the penalty. The Contractor shall take the necessary steps (e.g. training/remediation) to

prevent a recurrence of the infringement and shall advise ACSA accordingly.

The Contractor is also advised that the imposition of penalties does not replace any legal proceedings,

the Council, authorities, land owners and/or members of the public may institute against the Contractor.

Penalties shall be between R200 and R20 000, depending upon the severity of the infringement. The

decision on how much to impose will be made by ACSA’s Airport Environmental Management

Representative in consultation with the Airport Manager or his/her designate, and will be final. In

addition to the penalty, the Contractor shall be required to make good any damage caused due to the

infringement at his/her own expense.



I, ……………………………………………………. of ……………………………………………………

agree to the above conditions and acknowledge ACSA’s right to impose penalties should I or any

of my employees or sub-contractors fail to comply with these conditions.

Signed: ___________________________ on this date: _______________________

(dd/mm/yyyy)

at: ………………………………………………...

Working on the Employer’s property

Work done on or near an active airport is subject to several special requirements and conditions to ensure the safe operation of the airport at all times. Various limitations and requirements are to be taken cognisance of during the preparation of the tender and construction programme. This work will be on the Landside and Airside area of the airport and the normal operations must be able to continue for the duration of the contract.

People restrictions, hours of work, conduct and records

The work under this contract is to be carried out under operational conditions of the airport and is therefore subject to several special requirements and conditions to ensure the safe operation of the airport at all times. The Consultant keeps records of his people working on the Employer’s property, including those of his Sub-consultants, and the Employer’s Agent shall have access to these records at any time.

Cooperating with and obtaining acceptance of Others

Whenever work being done by Others on the project is dependent on or adjacent or related to the Services, the interface and sequence of such works and the Services should be such that the least interference possible will result to the Consultant and to Others and such sequence is determined by the Employer. Cooperation is required between the Consultant and Others to ensure the completion of the Services and other project works within the programme for the project as a whole. As may be required from time to time or as per statutory requirements, the Consultant will liaise with and obtain acceptance from statutory authorities and avail themselves for any inspections that would be required. At the earliest possible date, detailed programmes prepared for all other project works having interfaces with the Services are discussed by the Employer with the Consultant in order that the phasing, duration, use of working areas, attendance work etc. can be drawn into overall programmes for the project works.

Things provided by the Employer

The Employer will issue to the Consultant available information that will assist in the carrying out of the services. This information may include Base plans to indicate existing services, Traffic Impact Assessments and other available information. The providing of this information does not relieve the Consultant of their professional responsibility to verify information that will be used as a basis for their designs.


86 of 86

Part C4 : Site Information


Part C4.: Site Information No site information is provided with this tender.

REQUEST FOR PROPOSAL FOR A CONSULTANT … RFP 05-2017.pdf · for a domestic water tank reservoir...

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