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Project No: GRJ8/2017 Refurbishment of Maintenance Stores and Offices at George Airport AIRPORTS COMPANY SOUTH AFRICA SOC LIMITED PROJECT NUMBER: GRJ8/2017 REFURBISHMENT OF MAINTENANCE STORES AND OFFICES AT GEORGE AIRPORT NEC 3: ENGINEERING AND CONSTRUCTION CONTRACT (ECC) Between AIRPORTS COMPANY SOUTH AFRICA SOC LIMITED Applicable at George (Registration Number: 1993/004149/30) and (Registration Number: ___________________) for Refurbishment of Maintenance Stores and Offices at George Airport Contents: No of pages Part C1 Agreements & Contract Data [●] Part C2 Pricing Data [●] Part C3 Scope of Works [●] Part C4 Site Information [●]

NEC 3: ENGINEERING AND CONSTRUCTION … ECC REFURBISH... · Project No: GRJ8/2017 ... Form of Offer and Acceptance OFFER The Employer, identified in the Acceptance signature block,

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Page 1: NEC 3: ENGINEERING AND CONSTRUCTION … ECC REFURBISH... · Project No: GRJ8/2017 ... Form of Offer and Acceptance OFFER The Employer, identified in the Acceptance signature block,

Project No: GRJ8/2017 Refurbishment of Maintenance Stores and Offices at George Airport

AIRPORTS COMPANY SOUTH AFRICA SOC LIMITED

I

PROJECT NUMBER: GRJ8/2017

I

REFURBISHMENT OF MAINTENANCE STORES AND OFFICES AT GEORGE AIRPORT

II

NEC 3: ENGINEERING AND CONSTRUCTION CONTRACT (ECC)

Between

AIRPORTS COMPANY SOUTH AFRICA SOC LIMITED Applicable at George (Registration Number: 1993/004149/30)

and

(Registration Number: ___________________)

for

Refurbishment of Maintenance Stores and Offices at George Airport

Contents:

No of pages

Part C1 Agreements & Contract Data [●]

Part C2 Pricing Data [●]

Part C3 Scope of Works [●]

Part C4 Site Information [●]

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Project No: GRJ8/2017 Refurbishment of Maintenance Stores and Offices at George Airport

Part C1 – Agreements and Contract Data Page 2 of 52

Part C1: Agreements 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 a Contractor for the Refurbishment of the Maintenance Stores and Offices at George Airport.

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.

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 Contractor 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; (in figures) R………………………………………….

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 Contractor in the conditions of contract identified in the Contract Data.

Signature(s)

Name(s)

Capacity

For the Bidder:

Name & signature of witness

(Insert name and address of organisation)

Date

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Part C1 – Agreements and Contract Data Page 3 of 52

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 Contractor 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 Part C4 Site 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 Contractor) 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

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Part C1 – Agreements and Contract Data Page 4 of 52

for the Employer

Name & signature of witness

(Insert name and address of organisation)

Date

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Part C1 – Agreements and Contract Data Page 5 of 52

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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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 First Floor, Terminal Building, George Airport

Name & Signature of witness

(Insert name and address of organisation)

(Insert name and address of organisation)

Date

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Part C1 – Agreements and Contract Data Page 6 of 52

Part C1.2a Contract Data

Part one – Data provided by the Employer

The Conditions of contract are selected from the NEC3 Engineering and Construction Contract, April 2013. Each item of data given below is cross-referenced to the NEC3 Engineering Construction Contract which requires it.

Clause Statement Data

1 General

The conditions of contract are the

core clauses and the clauses for

Main Option

Main Option

Dispute resolution Option

B: Priced contract with Bill of Quantities

W1: Dispute resolution procedure

Secondary Options (incorporating

amendments)

X2: Changes in the law

X7: Delay damages

X13: Performance Bond

X16: Retention

X18: Limitation of liability

Z: Additional conditions of contract

of the NEC3 Engineering and Construction Contract, April

2013

10.1

The Employer is (Name)

Airports Company South Africa SOC Limited,

Applicable at George Airport

Address

Telephone

Fax

Airports Company South Africa SOC Limited

George Airport

Old Mossel Bay Road,

George

6530

044 876 9310

044 876 9027

10.1

The Project Manager is

Mr Marclen Stallenberg

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Part C1 – Agreements and Contract Data Page 7 of 52

Address

Telephone

E-mail address

Old Mossel Bay Road

George

6530

044 876 9310

[email protected]

10.1 The Supervisor is The role of the supervisor is combined with that of the Project

Manager

Address

Telephone

Fax

Email

Not Applicable

11.2

The works are

Refurbishment of the Maintenance Stores and Offices at

George Airport

11.2

The following matters will be

included in the Risk Register

• Availability of As Built information

• Access to Site

• Site Constraints and Constructability

• Phasing of Works

• The Structural adequacy of the Maintenance Store

• The structural Adequacy of the Mezzanine Floor

11.2

The Works Information is in

Part C3 ‘Scope of Works’ section of this contract

11.2

The Site Information is in

Part C4 ‘Works Information’ section of this contract

11.2

The boundary of the site is

The confines of the Maintenance Store Site as indicated on

the Site Plan

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 of reply is

Seven (7) days

3 Time

31.2 The starting date is TBC after tender award

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11.2 The completion date is TBC after tender award

30.1 The access date is TBC after tender award

31.1 The Contractor submits a first

(preliminary) programme with the

tender by the tender closing date

By the defined tender submission closure date

32.2 The Contractor submits revised

programmes at intervals no

longer than

Two (2) weeks

35.1 The Employer is not willing to

take over the works before the

completion date

The Employer and Others will have access to the works

during construction or prior to completion. Such access by

the Employer and Others shall not relieve the Contractor from

liability for the completion of the works in accordance with the

Works Information and in terms of this contract.

4 Testing and Defects

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

works

43.2 The defects correction period is Two (2) weeks

5 Payment

50.1 The assessment interval is Four weeks

50.1 The currency of this contract is

the

South African Rand

51.2 The period within which payment

is made is

Four (4) weeks

51.4 The interest rate is The prime lending rate of the Nedbank Bank. as determined

from time to time

6 Compensation events

60.1 The weather measurements to be

recorded for each calendar month

are

the cumulative rainfall (mm)

the number of days with rainfall more than 10 mm

the number of days with minimum air temperature less than 0

degrees Celsius

60.1 The place where weather is to be

recorded (on the Site) is

At the Construction Site Office and the records to be kept on

site in a file clearly marked for this purpose

60.1 Assumed values for the ten-year

return weather data for each

weather measurement for each

calendar month are as set out in

the Scope of Works

7 Title No data required for this section of the conditions of contract

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8 Risks and Insurance

84.1 The Employer provides these

insurances

Refer to the Insurance Clauses which is attached at the end

of the Contract Data

84.2 The Contractor provides the

insurance stated in

The Insurance Clauses which is attached at the end of the

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

Parties and provide cover for events which are at the

Contractor’s risk from the starting date until the Defects

Certificate or a termination certificate has been issued.

The minimum limit of indemnity

for insurance in respect of death

of or bodily injury to employees of

the Contractor arising out of and

in the course of their employment

in connection with this contract for

any one event is:

As prescribed by the Compensation for Occupational Injuries

and Diseases Act No. 130 of 1993

9 Termination No data required for this section of the conditions of contract

10 Data for Main Options

B Priced contract with Bill of

Quantities

Bills of Quantities are included in Section C2

11 Data for Option W1

W1.1 The Adjudicator is The person appointed jointly by the parties from the list of

adjudicators contained below

W1.2 The Adjudicator nominating body

is

The current Chairman of Johannesburg Advocate’s Bar

Council

W1.4 The tribunal is Arbitration

W1.4 If the tribunal is arbitration, the

arbitration procedure is

The arbitration procedure is set out in The Rules for the

Conduct of Arbitrations 2013 Edition, 7th Edition, published by

The Association of Arbitrators, (Southern Africa)

W1.4 The place where arbitration is to

be held is

Johannesburg, South Africa.

W1.4 The person or organisation who

will choose an arbitrator

The Arbitrator is the person selected by the Parties as and

when a dispute arises in terms of the relevant Z Clause, from

the Panel of Arbitrators provided under the relevant Z clause

if the arbitration procedure does not state who selects an

arbitrator. The Arbitrator nominating body is the Chairman of

the Johannesburg Advocates Bar Council.

12 Data for Secondary Option

Clauses

X7 Delay Damages

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Delay damages of the works are Amount per day is 0.5%, to the maximum of 10% of the

Contract value

X13 Performance bond

X13.1 The amount of the performance

bond is

10% of the contract value. Pro-forma draft of a performance

bond to be used is attached to this contract.

X16 Retention

X16.1 The retention percentage is 5% of the Contract value.

X18 Limitation of Liability

X18.1 The Contractor’s liability to the

Employer for indirect or

consequential loss is limited to

Nil - Neither Party is liable to the other for any consequential

or indirect loss, including but not limited to loss of profit, loss

of income or loss of revenue

X18.2 For any one event, the

Contractor’s liability to the

Employer for loss of or damage to

the Employer’s property is limited

to

The total of the Prices

X18.3 The Contractor’s total liability to

the

Employer for defects due to his

design

which are not listed on the

Defects Certificate is limited to

The total of the Prices

X18.4 The Contractor’s total liability to

the Employer for all matters

arising under or in connection

with this contract, other than

excluded matters, is limited to

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

matters arising under or in connection with this contract, other

than the excluded matters, is limited to the total of the Prices

and applies in contract, tort or delict and otherwise to the

extent allowed under the law of the contract.

The e excluded matters are amounts payable by the

Contractor as stated in this contract for

- Loss of or damage to the Employer’s property,

- Delay damages,

- Defects liability,

- Insurance liability to the extent of the Contractor’s risks

- loss of or damage to property (other than the works, Plant

and Materials),

- death of or injury to a person;

- damage to third party property; and

- infringement of an intellectual property right

Z The Additional conditions of

contract are

Z1 – Z20

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Part C1 – Agreements and Contract Data Page 11 of 52

Amendments to the Core Clauses

Z1 Interpretation of the law

Z1.1 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.

Z2 Providing the Works:

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

The Contractor provides the works in accordance with the Works Information and warrants that

the results of the Works, when complete, shall be fit for their intended purpose

Z3 Other responsibilities:

Z3.1

Add the following at the end of core clause 27:

The Contractor shall have satisfied himself, prior to the Contract Date, as to the completeness,

sufficiency and accuracy of all information and drawings provided to him as at the Contract Date

Z3.2 The Contractor shall be responsible for the correct setting out of the Works in accordance with the

original points, lines and levels stated in the Works Information or notified by the Project Manager,

Supervisor or the Employer. Any errors in the positioning of the Works shall be rectified by the

Contractor at the Contractor’s own costs.

Z4 Extending the defects date:

Z4.1

Add the following as a new core clause 46:

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

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

due to a Defect, is unable to use the works

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

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

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

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

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

Z5 Termination

Z5.1 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 recue proceedings”.

Amendment to the Secondary Option Clauses

Z6 Performance Bond

Z6.1 Amend the first sentence of clause X13.1 to read as follows:

The Contractor gives the Employer an unconditional, on-demand performance bond, provided by

a bank which the Project Manager and the Employer have accepted, for the amount stated in the

Contract Data and in the form set out in C 1.3 of this Contract Data.

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Z6.2 Add the following new clause as Option X13.2:

The Contractor ensures that the performance bond is valid and enforceable until the end of the

contract period. If the terms of the performance bond specify its expiry date and the end of the

contract period does not coincide with such expiry date, four weeks prior to the said expiry date,

the Contractor extends the validity of the performance bond until the end of the contract period. If

the Contractor fails to so extend the validity of the performance bond, the Employer may claim the

full amount of the performance bond and retain the proceeds as cash security

Z7 Limitation of liability:

Z7.1

Insert the following new clause as Option X18.6:

The Employer's liability to the Contractor for the Contractor's indirect or consequential loss is

limited to R0.00

Z7.2 Notwithstanding any other clause in this contract, any proceeds received from any insurances or

any proceeds which would have been received from any insurances but for the conduct of the

Contractor shall be excluded from the calculation of the limitations of liability listed in the contract

Additional Z Clauses

Z8 Cession, delegation and assignment

Z8.1 The Contractor shall not cede, delegate or assign any of its rights or obligations to any person

without the written consent of the Employer, which consent shall not be unreasonably withheld.

This clause shall be binding on the liquidator/business rescue practitioner /trustee (whether

provisional or not) of the Contractor

Z8.2 The Employer maycede and delegate its rights and obligations under this contract to any person

or entity

Z9 Joint and several liability

Z9.1 If the Contractor constitutes a joint venture, consortium or other unincorporated grouping of two or

more persons, these persons are deemed to be jointly and severally liable to the Employer for the

performance of the Contract.

Z9.2 The Contractor shall, within 1 week of the Contract Date, notify the Project Manager and the

Employer of the key person who has the authority to bind the Contractor on their behalf.

Z9.3 The Contractor does not materially alter the composition of the joint venture, consortium or other

unincorporated grouping of two or more persons without prior written consent of the Employer.

Z10 Ethics

Z10.1 The Contractor undertakes:

Z10.1.1 not to give any offer, payment, consideration, or benefit of any kind, which constitutes or could be

construed as an illegal or corrupt practice, either directly or indirectly, as an inducement or reward

for the award or in execution of this contract;

Z10.1.2 to comply with all laws, regulations or policies relating to the prevention and combating of bribery,

corruption and money laundering to which it or the Employer is subject, including but not limited to

the Prevention and Combating of Corrupt Activities Act, 12 of 2004.

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Z10.2 The Contractor’s breach of this clause constitutes grounds for terminating the Contractor’s

obligation to Provide the Works or taking any other action as appropriate against the Contractor

(including civil or criminal action). However, lawful inducements and rewards shall not constitute

grounds for termination.

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

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

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

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

terminate the contract in accordance with the procedures stated in core clause 92.2. the amount

due on termination is A1.

Z11 Confidentiality

Z11.1 All information obtained in terms of this contract or arising from the implementation of this contract

shall be treated as confidential by the Contractor and shall not be used or divulged or published to

any person not being a party to this contract, without the prior written consent of the Project

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

Z11.2 If the Contractor is uncertain about whether any such information is confidential, it is to be

regarded as such until otherwise notified by the Project Manager.

Z11.3 This undertaking shall not apply to –

Z11.3.1 Information disclosed to the employees of the Contractor for the purposes of the implementation

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

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

clause;

Z11.3.2 Information which the Contractor is required by law to disclose, provided that the Contractor

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

action to protect such information. The Contractor may disclose such information only to the

extent required by law and shall use reasonable efforts to obtain assurances that confidential

treatment will be afforded to the information so disclosed;

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

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

Z12 Employer’s Step-in rights

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

within 2 weeks of the notification of the default by the Project Manager, the Employer, without

prejudice to his other rights, powers and remedies under the contract, may remedy the default

either himself or procure a third party (including any subcontractor or supplier of the Contractor) to

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

Contractor

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

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

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

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

documents or recorded information (electronic or otherwise) which have been or are at any time

prepared by or on behalf of the Contractor under the contract or otherwise for and/or in connection

with the works) and generally does all things required by the Project Manager to achieve this end.

Z13 Liens and Encumbrances

Z13.1 The Contractor keeps the Equipment used to Provide the Services free of all liens and other

encumbrances at all times. The Contractor, vis-a-vis the Employer, waives all and any liens which

he may from time to time have, or become entitled to over such Equipment and any part thereof

and procures that his Subcontractors similarly, vis-a-vis the Employer, waive all liens they may

have or become entitled to over such Equipment from time to time

Z14 Intellectual Property

Z14.1 Intellectual Property (“IP”) rights means all rights in and to any patent, design, copyright, trade

mark, trade name, trade secret or other intellectual or industrial property right relating to the

Works.

Z14.2 IP rights remain vested in the originator and shall not be used for any reason whatsoever other

than carrying out the works.

Z14.3 The Contractor gives the Employer an irrevocable, transferrable, non-exclusive, royalty free

licence to use and copy all IP related to the works for the purposes of constructing, repairing,

demolishing, operating and maintaining the works

Z14.4 The written approval of the Contractor is to be obtained before the Contractor's IP made available

to any third party which approval will not be unreasonably withheld or delayed. Prior to making any

Contractor's IP available to any third party the Employer shall obtain a written confidentiality

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

would use to protect its IP

Z14.5 The Contractor shall indemnify and hold the Employer harmless against and from any claim

alleging an infringement of IP rights (“the claim”), which arises out of or in relation to:

Z14.5.1 the Contractor’s design, manufacture, construction or execution of the Works

Z14.5.2 the use of the Contractor’s Equipment, or

Z14.5.3 the proper use of the Works.

Z14.6 The Employer shall, at the request and cost of the Contractor, assist in contesting the claim and

the Contractor may (at its cost) conduct negotiations for the settlement of the claim, and any

litigation or arbitration which may arise from it.

Z16 Dispute resolution:

Z16.1 Appointment of the

Adjudicator

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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]

a

Mr. Emeka Ogbugo

(Quantity Surveyor)

Pretoria +27 12 349 2027

[email protected]

Z16.2 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 accepted or rejected by

the other 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

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]

a

Mr. Emeka Ogbugo

(Quantity Surveyor)

Pretoria +27 12 349 2027

[email protected]

Z17 Notification of a compensation event

Z17.1 Delete “eight weeks” in clause 61.3 and replace with “four weeks”. Delete the words “unless the

event arises from the Project Manager or the Supervisor giving an instruction, issuing a certificate,

changing an earlier decision or correcting an assumption.

Z18 BBBEE Certificate

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Z18.1 The Contractor 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.

Z19 Communication

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

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

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

Z19.2 The Project Manager requires the written consent of the Employer if an action will result in the

Completion Date being extended by more than 30 days.

Z20 Delegation

As stipulated by Section 37(2) of the Occupational Health and Safety Act No. 85 of 1993 as

amended the Contractor agrees to the following:

Z20.1 As part of this contract the Contractor acknowledge that it (mandatory) is an employer in its own

right with duties as prescribed in the Occupational Health and Safety Act No 85 of 1993 as

amended and agree to ensure that all work being performed, or Equipment, Plant and Materials

being used, are in accordance with the provisions of the said Act, and in particular with regard to

the Construction Regulations

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PART C1.2b CONTRACT DATA

PART TWO – DATA PROVIDED BY THE CONTRACTOR

Clause Statement Data

10.1 The Contractor is (Name):

Address:

Telephone No.

Fax No.

11.2 The working areas are Only the Site Area. See C4 ‘Site Information’

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

Name: Job: Responsibility: Qualifications: Experience:

Name: Job: Responsibility: Qualifications: Experience:

Name: Job: Responsibility: Qualifications: Experience:

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Name: Job: Responsibility: Qualifications: Experience:

11.2 The completion date is

11.2 The following matters will be

included in the Risk Register

• Existing Services

• Access to Site

• Delay in supply of material and/or equipment

• Progress of the works against the program

• Travelling public and ACSA stakeholders

• The Structural adequacy of the Maintenance Store

• The structural Adequacy of the Mezzanine Floor

11.2 The Works Information is in Part C3 ‘Scope of Works’ section of this contract

31.1 The programme identified in the Part C3 Scope of Works section of this contract

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Part C1: Agreements and Contract Data

C1.3: Form of Guarantee

PRO FORMA FOR PERFORMANCE BOND

PERFORMANCE BOND

[TO BE REPLICATED ON BANK’S LETTERHEAD]

Brief description of contract……………………………………………………………………..

Name and address of Beneficiary.......................................................................................................

…………………………………………………….. (whom the contract defines as the Contractor).

We, the undersigned ................................................... and..................................... in our capacities as Guarantor’s...........………………. of ……………. (Registration Number: ….) (hereinafter called “the Bank”) have been informed that …………………………… hereinafter called the ‘Principal’) is your Contractor under such contract, which requires him to obtain an irrevocable, unconditional performance security.

At the request of the Principal, we …………………………………..(name of bank) hereby irrevocably undertake to pay you, the Employer, any sum or sums not exceeding in total the amount of ………………………………(the “Guaranteed Amount”) upon receipt by us of your first written demand stating that such an amount (or lesser amount) as may be claimed is due and payable to the Employer.

This guarantee constitute an irrevocable, unconditional, non-negotiable and non-transferable undertaking to pay in accordance with the above, subject to the proviso that this Letter will not be interpreted as extending the Bank’s liability to anything more than the Guaranteed Amount.

Notwithstanding anything to the contrary herein contained, the Bank’s obligation shall be construed as principal and not as accessory to the contract and shall not be delayed or discharged by the fact that a dispute exists between the Employer and the Contractor.

We undertake to pay you such Guaranteed Amount upon receipt by us, within such period of 14 days, of your first written demand stating that such an amount (or lesser amount) as may be claimed is due and payable to the Employer.

The guarantee shall be governed by and construed in accordance with the laws of the Republic of South Africa Signed at ______________________________ on ____________________20…. For: Registration Number:

Name & Position

As witnesses: 1. ______________________________ 2. ______________________________

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PART C1: AGREEMENTS AND CONTRACT DATA

C1.4: OCCUPATIONAL HEALTH AND SAFETY AGREEMENT

OCCUPATIONAL HEALTH AND SAFETY AGREEMENT AGREEMENT IN TERMS OF SECTION 37(2) OF THE OCCUPATIONAL HEALTH & SAFETY ACT (ACT 85 Of 1993) & CONSTRUCTION REGULATION 5.1(k) OBJECTIVES To assist Airport Company South Africa (ACSA) in order to comply with the requirements of:

1. The Occupational Health & Safety (Act 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 Organisation: AIRPORTS COMPANY SOUTH AFRICA GEORGE AIRPORT

Physical Address: Airport Company South Africa First Floor, Terminal Building, George Airport

Hereinafter referred to as “Client”

Name of organisation:

Physical Address

Hereinafter referred to as “the Mandatary/ Principal Contractor”

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MANDATORY’S MAIN SCOPE OF WORK REFURBISHMENT OF THE MAINTENANCE STORES AND OFFICES AT GEORGE AIRPORT

GENERAL INFORMATION FORMING PART OF THIS AGREEMENT

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

REGULATIONS promulgated in terms of the former Machinery and Occupational Safety Act No.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 utilise the services of their own Mandatories (contractors) must conclude a similar Written Agreement with them.

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

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

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

THE UNDERTAKING

The Mandatary undertakes to comply with: INSURANCE

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

2. The Mandatary warrants that they are in possession of the following insurance cover, which cover shall remain in force whilst they and /or their employees are present on the Client’s premises, or which shall remain in force for that duration of their contractual relationship with the Client, whichever period is the longest. a. Public Liability Insurance Cover as required by the Subcontract Agreement. b. Any other Insurance cover that will adequately makes provision for any possible losses

and/or claims arising from their and /or their Subcontractors and/or their respective employee’s acts and/or omissions on the Client’s premises.

COMPLIANCE WITH THE OCCUPATIONAL HEALTH & SAFETY ACT 85 OF 1993

The Mandatary undertakes to ensure that they and/or their subcontractors if any and/or their respective employees will at all times comply with the following conditions:

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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.

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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 ………………………………… a duly authorised 16.2 Appointee acting for and on behalf of ………………………………………………. (company name) undertake to ensure that the requirements and the provision of the OHS Act 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

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PART C1: AGREEMENTS AND CONTRACT DATA

C1.5: ACSA INSURANCE CLAUSES

INSURANCE CLAUSES FOR CAPEX PROJECTS

The insurance clauses in this document should be extracted and attached to tender documents and to

contracts.

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 building.

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 / consultant will be responsible for a deductible (excess) of R500 000

• 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

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• With regards to contract works claims, the contractor / consutant 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 / consultant will be responsible for a deductible (excess) of R750 000

• 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.

3. Insurance requirements for contracts with a value above R50 million on the LANDSIDE

• Contracts with a value of more R50 million are not automatically covered under the construction

policies. A separate quote is provided by insurers per contract.

3.1 Contract Works

With regards to contract works claims, the contractor / consultant is responsible for the following deductibles:

• All Civil Work and Earthworks – R300 000 deductible (excess)

• All other claims – R300 000 deductible (excess)

• Other property insured – R700 000 deductible (excess)

• Contractors / consultants may re-insure the deductibles

3.2 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 R275 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 R500 000

• Contractors / consultants may re-insure the deductibles

3.3 Professional Indemnity

• All consultants are responsible for Professional Indemnity cover of R10million

• 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 R10million

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• In the event of a claim above R10million, the ACSA PI cover will kick in for the amount in excess of

R10m

• 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.

4. Insurance requirements for contracts with a value above R50 million on the AIRSIDE

• Contracts with a value of more R50 million are not automatically covered under the construction

policies. A separate quote is provided by insurers per contract.

4.1 Contract Works

With regards to contract works claims, the contractor / consultant is responsible for the following deductibles:

• All Civil Work and Earthworks excluding Runways – R300 000 deductible (excess)

• Runway Rehabilitation – R300 000 deductible (excess)

• New Runway Construction – R700 000 deductible (excess)

• All other claims – R300 000 deductible (excess)

• Other property insured – R700 000 deductible (excess)

• Contractors / consultants may re-insure the deductibles

4.2 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 R1 025 000

• 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 R1 250 000

• In the event of a claim for damage to aircraft, the contractor / consultant will be responsible for a

deductible (excess) of R1 250 000

• Contractors / consultants may re-insure the deductibles

4.3 Professional Indemnity

• All consultants are responsible for Professional Indemnity cover of R10million

• 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 R10million

• In the event of a claim above R10million, the ACSA PI cover will kick in for the amount in excess of

R10m

• 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.

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C2 PRICING DATA

Pages

C2.1 Pricing Instructions 1-2 C2.2 Bills of Quantities 3-19

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C2.1 Pricing Instructions

1 Measurement and payment shall be in accordance with the relevant provisions of clause 8 of each of the SABS 1200

Standardised Specifications for Civil Engineering Construction referred to in the Scope of Work. The Preliminary and General items shall be measured in accordance with the provisions of SABS 1200-A, General.

2. The units of measurement described in these Bill of Quantities are metric units. Abbreviations used in these Bills of

Quantities are as follows: % = percent

h = hour ha = hectare kg = kilogram kl = kilolitre km = kilometre km-pass = kilometre-pass kPa = kilopascal kW = kilowatt

l = litre m = metre mm = millimetre m² = square metre m²-pass = square metre-pass

m³ = cubic metre m³-km = cubic metre-kilometre

MN = meganewton MN.m = meganewton-metre MPa = megapascal No. = number Prov sum = Provisional sum PC sum = Prime Cost sum R/only = Rate only sum = lump sum t = ton (1000 kg) W/day = Work day

3. For the purpose of these Bills of Quantities, the following words shall have the meanings hereby assigned to them:

Unit: The unit of measurement for each item of work as defined in the SABS 1200 or COLTO Standard Specification for Road and Bridge Works for State Authorities (1998 edition).

Quantity: The number of units of work for each item. Rate: The agreed payment per unit of measurement. Amount: The product of the quantity and the agreed rate for an item. Lump sum: An agreed amount for an item, the extent of which is described in the Bills of Quantities but the

quantity of work of which is not measured in any units. 4. Unless otherwise stated, items are measured net in accordance with the drawings, and no allowance is made for

waste.

5. It will be assumed that prices included in the bills of quantities are based on Acts, Ordinances, Regulations, By-laws, International Standards and National Standards that were published 28 days before the closing date for tenders. (Refer to www.stanza.org.za or www.iso.org for information on standards)

6. The prices and rates in the Bill of Quantities are to be fully inclusive prices for the work described under the several

items. Such prices and rates cover all costs and expenses that may be required in and for the execution of the work described in accordance with the provisions of the Scope of Work, and shall cover the cost of all general risks, liabilities, and obligations set forth or implied in the Contract Data, as well as overhead charges and profit. Reasonable prices shall be inserted as these will be used as a basis for assessment of payment for additional work that may have to be carried out.

7. Where the Scope of Work requires detailed drawings and designs or other information to be provided, all costs

associated therewith are deemed to have been provided for and included in the unit rates and sum amount tendered such items

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8. A price or rate is to be entered against each item in the Bill of Quantities. An item against which no price is entered

will be considered to be covered by the other prices or rates in the Bill of Quantities.

9. The quantities set out in the Bill of Quantities are approximate and do not necessarily represent the actual amount of work to be done. The quantities of work accepted and certified for payment will be used for determining payments due and not the quantities given in the Bill of Quantities.

10. Reasonable compensation will be received where no pay item appears in the Bill of Quantities in respect of work

required in terms of the Contract and which is not covered in any other pay item.

11. The short descriptions of the items of payment given in the Bill of Quantities are only for the purposes of identifying the items. More details regarding the extent of the work entailed under each item appear in the Scope of Work.

12. Descriptions in the Bill of Quantities are abbreviated and comply generally with those in the SABS 1200

Standardised Specifications. 13. Those parts of the contract to be constructed using labour-intensive methods have been marked in the Bill of

Quantities with the letters Li in a separate column filled in against every item so designated. The works, or parts of the works so designated are to be constructed using labour-intensive methods only. The use of plant to provide such works, other than plant specifically provided for in the scope of work, is a variation to the contract. The items marked with the letters Li are not necessarily an exhaustive list of all the activities which must be done by hand, and this clause does not over-ride any of the requirements in the generic labour intensive specification in the Scope of Works.

14 Payment for items which are designated to be constructed labour-intensively (either in this schedule or in the

Scope of Works) will not be made unless they are constructed using labour-intensive methods. Any unauthorized use of plant to carry out work which was to be done labour-intensively will not be condoned and any works so constructed will not be certified for payment.

SPECIAL NOTES TO TENDERERS

• Quantities in the Bill of Quantities may change within the tendered amount during the course of the contract, due to priority changes. The total contract value will remain fixed.

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PART 3: SCOPE OF WORK

Document reference Title No of pages

This cover page 1

C3.1 Employer’s Works Information

C3.2 Contractor’s Works Information1

Total number of pages

.

1 Insert at award stage or delete if not applicable. Delete this note once a selection is made.

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TABLE OF CONTENTS

No Description Page

C3.1 EMPLOYER’S WORKS INFORMATION

1 Description of the Works 34

1.1 General 34

1.2 Drawings 34

1.3 Details of Contract 34

2 Nature of Ground and Sub-Soil Conditions 35

3 Construction Programme and Methods 36

4 Site Facilities Available 36

4.1 Water Supply, Toilet Facilities, Waste Disposal and Power Supply 37

4.2 Location of Contractor’s Camp 37

4.3 Housing for Contractor’s Employees 37

5 Site Facilities Required 37

5.1 Engineer’s Office 37

5.2 Name Boards 37

5.3 Telephone and Internet Facilities 37

5.4 Tests and Samples 37

5.5 Survey Instruments 38

6 Features Requiring Special Attention 38

6.1 Safety Regulations 38

6.2 Setting out of Work and Survey Beacons 38

6.3 “As-Built“ Drawings 38

6.4 Site Instruction Book 38

6.5 Access to buildings 39

6.6 Location and protection of underground services 39

6.7 Interruption of Existing Services 39

6.8 Traffic and safety Control Measures 39

7 Abnormal Rainfall 40

8 Local Labour and Local Sub-Contractors 40

8.1 Introduction 40

8.2 Workload 40

8.3 Local Labour 40

8.4 Work Considered to be Local Labour 40

9 Training Schemes 41

10 Occupational Health and Safety 41

10.1 General Agreement 41

10.2 Health and Safety Specifications and Plans to be Submitted at Tender Stage 41

10.3 Cost of Compliance with the OHSA Construction Regulations 42

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11 Management Meetings 42

12 Quality Assurance Requirements 42

13 Engineering and Design of the Works 43

14 Construction 44

15 Plant and Materials Standards and Workmanship 47

C3.2 CONTRACTOR’S WORKS INFORMATION 48

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C3.1: EMPLOYER’S WORKS INFORMATION

1. Description of the works

1.1 General

The Scope of Works is as shown on the drawings which must be read with the remainder of the Contract Documents

This Contract is primarily for the refurbishment of the maintenance stores, the refurbishment and extension of the maintenance offices, the roofing of the container storage area and the upgrading of parking areas and road access to the stores.

1.2 Drawings

The following Drawings describe the scope of the works and are included as part of the tender documentation.

Drawing Number Description

0224/01 Layout

0224/02 Admin Building : Plan and Elevations

0224/03 Warehouse : Plan and Elevations

0224/10 Typical Sewer Details

0224/20 Storm Water Details

0224/40 Typical Road Details

1.3 Details of Contract

The major items of Work included in the Contract are listed in the Bills of Quantities and Tenderers must note that all quantities provided are estimated and subject to re-measurement.

The Work to be done under this Contract includes the following:

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a Site Establishment

b Setting out of Work

c Site Clearance

d Searching and exposing of Existing Underground Services

e Construction of Storm Water Pipes and Drainage Inlets

f Bulk Earthworks

g Construction of Retaining Walls

h Removal of Surplus Material and Preparation of Roadbed

i Placement of Selected Layerworks

j Construction of Roads and Parking Areas with Interlocking Block Pavers

k Construction of new Steel Mezzanine Floor in Maintenance Shed

l Upgrading of Electrical Installation in Maintenance Shed

m Refurbishment/Replacement of Roller Shutter Doors

n Construction of Lean-to Shed behind Maintenance Store

o Demolishing of Interior Walls in Office Block

p Reconstruction of Interior of Office Block including Ablution Facilities

q Addition of two new Offices to Office Block

r Addition of covered walkway for access to Office Block

s Construction of a smoking area

t Alteration and upgrading of Electrical Installation in Office Block

u Installation of new Data Cable from main airport distribution station

v Cleaning and re-instatement of Site

w Maintenance of all Building Work for a period of three months

x Maintenance of all Civil Work for a period of 12 months

2 Nature of ground and subsoil conditions

There are no rock outcrops in the immediate vicinity of the work.

The site slopes from south towards the north and has already been platformed to accommodate the existing maintenance store. Further excavation will be required to increase the size of the platform to accommodate the lean-to shed and paved areas.

Excavations are expected to be in materials that can be classified as varying from soft to intermediate. The above-mentioned only serves as a guideline and prospective Tenderers shall acquaint themselves with the nature of the conditions on site and the Employer will assume no responsibility for the conclusions reached by the Tenderer.

The nature of the subsoil will be discussed at the site meeting and expected conditions will be indicated.

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3 Construction Programme and Methods

It is a pre-requisite of this contract that minimal disruption of the environment is ensured during construction.

Construction methods must be of such a nature that no property or life is endangered. The Employer accepts no responsibility for any work done outside the site boundaries without the Engineer's approval. The Contractor himself is responsible for liaison and arrangements with the Engineer in connection with the finalization and approval of the construction programme.

The Contractor shall submit a programme of work to the Engineer not later than 14 (fourteen) days after the Contractor has been notified of the acceptance of his tender. This programme must take into account, and allow for possible phased completion of the work. The Engineer may instruct the Contractor to stop construction work at any stage and time, as may be dictated by financial constraints highlighted by the Employer’s Cost Control Programme. If necessary, the Engineer may instruct the Contractor to adjust his programme to suit other activities. During the course of the Contract, the Contractor shall provide the Engineer with a revised programme every 4 weeks at the monthly site meeting.

The programme shall not be in the form of a bar chart only, but shall clearly show the anticipated quantities, the production rates and value of work to be performed each month.

Failure to comply with these requirements will entitle the Engineer to use a programme based on his own assumptions for the purpose of evaluating payment certificates, claims for extension of time or additional payments.

If the programme submitted by the Contractor in terms of Clause 12 of the General Conditions of Contract, has to be revised because the Contractor is falling behind in his programme, he shall submit a revised programme of how he intends to regain lost time to ensure completion of the Works within the period defined in Contract or within a granted extension of time. A proposal to increase the tempo of work must incorporate positive steps to increase production either by more labour and plant on the site, or by using the available labour and plant in a more efficient manner.

Failure on the part of the Contractor to submit or to work according to the programme or revised programmes shall be sufficient reason for the Engineer to take steps in terms of the Contract.

The approval by the Engineer of a programme shall have no contractual significance other than that the Engineer will be satisfied if the work is carried out according to the programme. The said approval shall not limit the right of the Engineer to instruct the Contractor to vary the programme if necessary. The Contractor shall allow for the effect of normal rainfall and special non-working days in his programme.

4 Site Facilities Available

4.1

Water Supply, Toilet Facilities, Waste Disposal and Power Supply

Water for construction and drinking purposes is available on site from ACSA and the contractor shall on his own accord and expense install a connection and a water meter. The water meter will be read on a monthly basis and the Contractor will be billed for water consumed on a monthly basis at the standard municipal rate as paid by ACSA..

The Contractor will be required to provide toilet facilities for the use of his staff. Waterborne sewerage is available on site and the Contractor will of his own accord and expense install a connection to the sewerage system at a suitable position and connect the required number of toilets. He will be required to maintain the toilets in good condition at all times.

Should the Engineer or the Employer’s representative request cleaning of a toilet facility due to any reason, the Contractor shall do so within 8 hours from being instructed do to so. Should any employee of the Contactor be found guilty of using the external areas as a toilet for disposing solid human waste, the contactor will be penalized at R700.00 per head per occurrence.

Any waste other than construction rubble (stone, sand, concrete, etc.) must be removed daily from the construction site. The Contractor must provide a suitable container for the disposal of all foreign matter such as plastic, bottles, cans, cardboards, paper, wrapping or packaging materials, etc.

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Should the Contractor fail to adhere to these measures to control waste , the Engineer will issue a maximum of 3 written warnings in any 10 day cycle, where after the Contractor will be penalized at R500.00 per occurrence.

No extension of time due to delays resulting from obtaining and maintaining these facilities will be granted.

Electricity is available on the site for construction purposes. The Contractor shall on his own accord and expense install a suitable connection and electrical meter. The electrical meter will be read on a monthly basis and the Contractor will be billed for electricity consumed on a monthly basis at the standard municipal or Eskom rate as paid by ACSA..

4.2 Location of Contractor’s Camp

The Contractor will be allocated an area within the confines of the maintenance site for storage of some of the required materials and this area will be pointed out to the Contractor. The camp must be fenced according to the Contractor’s layout requirements for his camp, working space and areas for storage. The position of stockpile areas, which may be allocated outside the fenced area, will be subject to the Engineer’s approval. The Contractor must allow for temporary fencing under the item “Establishment of Facilities on Site” in the Schedules of Quantities. Access to the site and to the Contractor’s camp will be form the adjacent Provincial Road via an existing gate situated in the external perimeter fence. The Contractor will have the exclusive use of this gate and be responsible for the security thereof.

The Contractor is required to submit a detailed drawing to the Engineer showing the proposed positions of site offices, stores, temporary works, fixed constructional plant as well as stockpile areas and fencing for approval before commencing establishment

4.3 Housing for the Contractor's Employees

No housing is available for the Contractor's employees and the Contractor shall make his own arrangements for housing his employees or transporting them to and from the site. The Contractor is in all respects responsible for the housing and transporting of his employees and for the arrangement thereof, and no extension of time due to any delays resulting from this will be granted.

5 Site Facilities Required

Facilities such as an office, telephone, name board, survey equipment, and any relevant services required for the Engineer are described below:

5.1 Engineer’s Office

No office is required for the Engineer.

5.2 Nameboards

One nameboard conforming to the dimensions and colours as specified shall be erected at the Site. The Contractor will be permitted to erect his own and subcontractor’s nameboards elsewhere on site.

5.3 Telephone and internet facilities The Contractor must arrange for adequate telephone or cellular phone communicating to and from the site. The Contractor must have facilities for receipt of e-mail correspondence on a daily basis. All written communication during the contract period between the Engineer and Contractor will be made by e-mail. The Contractor must allow for all phone charges, rentals, call charges, data charges, etc. under the appropriate payment items in the Bills of Quantities.

5.4 Tests and Samples

A Provisional Amount has been included under General for laboratory testing which the Engineer may require for quality control. The Provisional Amount for Tests and Samples does not include for any testing and samples which are in terms of this Contract the responsibility of the Contractor.

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The Contractor must include sufficient time in his Programme for all testing and inspections required in terms of the Contract. The Contractor is responsible for his own detailed and continuous quality control as specified and required in terms of the Contract. The Contractor must allow for all costs connected to transporting, sampling laboratory testing, inspections, etc. as required in the appropriate and relevant items in the Schedule of Quantities.

The contractor must make his own arrangements for testing and sampling as required in terms of the Contract. The Contractor must supply the Engineer within 24 hours after completion of testing with properly authorised and documented test results. The Contractor shall also maintain on site at the site office full records of all test results.

5.5 Survey Instruments

The Contractor is responsible to supply proper and sufficient survey instruments for his setting out of the works, taking levels, checking etc. These survey instruments must be kept on site for the duration of the Contract. The Contractor shall also make available to the Engineer an automatic level and staff should he wish to check any levels set out by the Contractor.

6 Features Requiring Special Attention

6.1 Safety Regulations

Both the "Factories, Machinery and Building Work Act (Act 22 of 1941) and the "Machinery and Occupational Safety Act (Act 6 of 1983)" must be substituted by the "Occupational Health and Safety Act (Act 85 of 1993)".

The Contractor shall apply suitable proven methods for construction so that his activities will not constitute a hazard to the workmen, public or any adjacent property. All excavations shall be suitable safeguarded and barricaded especially during night time, weekends or holidays and any other day of inactivity by the Contractor. The costs for complying with these safety requirements shall be covered under the Contractors general obligations. The Contractor shall also ensure that excavations are shored or otherwise made safe.

6.2 Setting Out of Work and Survey Beacons

The Contractor must do his own setting out from pegs of which positions are shown on the drawings and/or pointed out to him by the Engineer in writing.

Other than in the case of setting out pegs, the Contractor will be liable for costs for the replacement of existing pegs by a qualified Land Surveyor appointed by the Engineer, where such pegs are removed or damaged. Where the construction operation is such due to the nature of the Works that pegs will be unavoidable disturbed, the prior agreement of the Engineer must be obtained for their destruction otherwise the Contractor will be held liable for the cost of their replacement.

Attention in this regard is drawn to Sections 35(1) and (2) of the Land Survey Act of 1927 which lays down the penalties applicable to those who are responsible for interfering with permanent survey beacons, bench marks, reference marks or trigonometric stations.

6.3 "As-built" Drawings

The Contractor must keep accurate records of any changes to the construction drawings and must present marked-up drawings to the Engineer for record purposes. Completion Certificates will not be issued unless the Engineer is satisfied with the accuracy of the Contractor’s “as-built” records.

6.4 Site Instruction Book

A triplicate book for Site Instructions shall be supplied free of charge by the Contractor and shall at all times be kept on the Site and accessible to the Engineer during normal working hours. The Site Instruction book will be used for all Contractual and Financial matters.

A Site Diary must be kept on site and be up to date on all day to day communications and discussions. Each daily record must commence on a new page and a copy of the dairy must be submitted fortnightly to the Engineer for verification and approval. Failure to submit on the required basis may result in the rejection of claims due to inadequate record keeping.

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6.5 Access to Buildings

The Contractor shall organise the work to cause the least possible inconvenience to the operation of the Maintenance Facilities.

6.6 Location and Protection of Existing Underground Services

Prior to commencement of construction the Contractor shall make an appointment with the Engineer to determine the position of all existing services to the satisfaction of the Contractor. The positions of all known existing services are shown on the drawings.

Existing underground services on the Site as shown on the Drawings or pointed out to the Contractor shall be exposed by hand excavation, clearly marked and their positions and levels relative to fixed reference points be recorded on a sketch to be submitted to the Engineer prior to commencing work on the Site.

The Contractor must provide proper and effective measures to ensure the protection of all existing services.

6.7 Interruption of Existing Services

All the work to be carried out in the vicinity of existing services shall be done in such a manner as to ensure that such services shall remain in operation at all times, except where arrangements have been made for the interruption of the service for the purposes of carrying out the Works under this Contract.

Existing overhead and underground services may not be indicated on the drawings. Should the Contractor find evidence of possible buried services, he shall notify the Engineer immediately thereof. The Engineer will assess the situation and instruct the Contractor as to an appropriate course of action to be taken.

The Contractor shall be responsible for checking the locations of all services and to ensure that no damage is cause by construction operations.

The Contractor, before starting any excavations, is to carefully search and probe the terrain in question for any other existing services or indications of the presence of such services. An item has been allowed for in the Bill of Quantities for hand excavation or other methods to search for existing services.

All cables and pipes shall be considered "live" unless confirmed otherwise by the relevant service authority.

The Senior Superintendent Maintenance of Telkom must be notified at least 7 days before work of any nature near or at a Telkom service may be commenced. No mechanical plant whatsoever may be used for excavation within a distance of 3 m from a Telkom service without the prior approval of Telkom's Senior Superintendent.

Electricity and water-supply interruptions to existing buildings shall be kept to a minimum. The Engineers approval shall be obtained prior to such interruptions and the Sanatorium shall be notified.

The Engineer must be notified whenever a breakage occurs and the damage must be repaired immediately.

6.8 Traffic and Safety Control Measures

The Contractor shall provide and properly maintain all barricades, warning signs, notices, lightning, fencing, etc. necessary for safety and traffic control of the Works under this Contract.

The Contractor shall be responsible for the safety of all works on the Site. The Contract must allow for all costs related to traffic and safety under the relevant payment items.

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7 Abnormal Rainfall

The Contractor shall keep daily rainfall records and submit them to the Engineer at every site meeting. No additional payment shall be made for the supply and installation of the rain gauge or for the keeping of the rainfall records and all costs must be included in the appropriate items.

The average rainfall for George is summarized below:

Month Average Monthly Rainfall

(mm)

Average Days per month with more than

10 mm/day Rainfall

January 43 1.6

February 42 1.6

March 48 1.6

April 48 1.6

May 51 1.6

June 48 1.6

July 45 1.6

August 59 2.4

September 58 2.4

October 57 2.4

November 50 1.6

December 43 1.6

TOTAL 592 21.6

8 Local Labour and Local Subcontractors

8.1 Introduction

It is envisaged that the works will be constructed by one Contractor employing local labour and subcontractors.

8.2 Workload

The Contractor is required to execute certain components of this contract with labour-based construction methods as described below.

8.3 Local Labour

It is the intention that this Contract should make maximum use of the local labour force that is presently under-employed. To this end the Contractor is expected to limit non-local employees to key personnel only and to employ and train local labour on this Contract.

The Contractor will be required to arrange his own documentation regarding a contract for locally employed labour and must include provisions for the Occupational Health and Safety Act (1993) and the Compensation for Occupational Injuries and Diseases Act.

8.4 Work Considered to be Labour Based

It is a condition of this contract that the following components of work must be executed using labour based construction methods.

1) The construction of concrete edge restraints/kerbing/channelling. 2) The trimming and finishing of earthworks for pavements. 3) The topsoiling and grassing. 4) The backfilling and compaction of trenches in restricted areas. 5) The location of existing services.

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Note:

The abovementioned work must either be done by local labourers employed by the Contractor or by local subcontractors. A prerequisite for payment of these labour-based excavation items is that the Contractor keeps daily written records with names of labourers, tasks completed, man-hours spent and payments made.

Items excluded from labour based items:

1) Excavation in intermediate and hard material - Mechanical excavators and

blasting allowed. 2) Compaction of layer works - Rollers and plate compactors allowed. 3) Transport of materials LDV, dumpers and other transport equipment allowed. 4) Mixing of concrete - Mechanical mixers allowed. 5) Vibration of concrete - Vibrators compulsory. 6) Compaction of service trenches – Plate compactors and or rammers compulsory.

9 Training Schemes

Certain members of the Contractors staff will be selected from the locally recruited employees, to be subjected to training in tasks related to the execution of the contract. The Contractor should provide for the cost associated with training from own resources.

10 Occupational Health and Safety

10.1 General Agreement It is requirement of this contract that the Contractor shall provide a safe and healthy working environment and to direct all his activities in such a manner that his employees and any other persons, who may be directly affected by his activities, are not exposed to hazards to their health and safety. To this end the Contractor shall assume full responsibility to conform to all the provisions of the Occupational Health and Safety Act No 85 and Amendment Act No 181 of 1993, and the OHSA 1993 Occupational Regulations 2003 issued on 18 July 2003 by the Department of Labour.

10.2

Health and Safety Specifications and Plans to be submitted at tender stage (a) Employer's Health and Safety Specification

The Employer's Health and Safety Specification is included in the tender documents.

(b) Tenderer's Health and Safety Plan

The successful Tenderer shall, on receipt of notification that he has been awarded the contract, submit without delay his own documented Health and Safety Plan for the execution of the work under the contract. His Health and Safety Plan must at least cover the following:

(i) a proper risk assessment of the works, risk items, work methods and

procedures in terms of Regulations 7 to 28;

(ii) pro-active identification of potential hazards and unsafe working conditions;

(iii) provision of a safe working environment and equipment;

(iv) statements of methods to ensure the health and safety of subcontractors, employees and visitors to the site, including safety training in hazards and risk areas (Regulation 5);

(v) monitoring health and safety on the site of works on a regular basis, and keeping of records and registers as provided for in the Construction Regulations;

(vi) details of the Construction Supervisor, the Construction Safety Officers and

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other competent persons he intends to appoint for the construction works in terms of Regulation 6 and other applicable regulations; and

(vii) details of methods to ensure that his Health and Safety Plan is carried out effectively in accordance with the Construction Regulations 2003.

The Contractor's Health and Safety Plan will be subject to approval by the Employer, or amendment if necessary, before commencement of construction work. The Contractor will not be allowed to commence work, or his work will be suspended if he had already commenced work, before he has obtained the Employer's written approval of his Health and Safety Plan.

Time lost due to delayed commencement or suspension of the work as a result of the Contractor's failure to obtain approval for his safety plan, shall not be used as a reason to claim for extension of time or standing time and related costs.

10.3 Cost of compliance with the OHSA Construction Regulations

The rates and prices tendered by the Contractor shall be deemed to include all costs for conforming to the requirements of the Act, the Construction Regulations and the Employer's Health and Safety Specification as applicable to this contract. Should the Contractor fail to comply with the provisions of the Construction Regulations, he will be liable for penalties as provided in the Construction Regulations and in the Employer's Health and Safety Specification. Items that may qualify for remuneration will be specified in the Safety Specifications included or in the Project specifications.

11 Management meetings

In terms of Clause 16.2 of the Contract Management Meetings/Formal Site Meetings will be held at four weekly intervals, and Progress Meetings will be held at two weekly intervals. The dates and times of these meetings will be agreed between the various parties at the site hand-over meeting. These Meetings will be held on site in the site office of the Contractor. The Site Meetings will be chaired by the Engineer and representatives of the Employer, which shall include the Project Manager or his alternate, and the Contractor will be present at the meetings. The Progress meetings will also be chaired by the Engineer and will be attended by the Contractor and his Site Agent. The Employer may attend Progress meetings at his discretion. The purpose of the meetings will be to monitor the progress of the Works, and to take such decisions as may be necessary to ensure the smooth execution of the project. Minutes of the meetings will be taken by the Engineer and will be circulated within 7 days of the meeting.

12 Quality assurance requirements

Within the period stated in the Contact Data, the Contractor submits his complete quality

control and assurance system (with all quality control and assurance

procedures and manuals) for review and acceptance by the Employer. The

manual includes pro-forma checklists for all requirements of the Contractor’s

quality control and assurance program and those called for in the Scope.

Acceptance by the Employer of the Contractor’s quality assurance programme, quality plans

and/or inspection and/or test plans, or of those of his Subcontractors will not

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relieve the Contractor of his obligation to provide services which meet the

requirements of the Contract.

13 Engineering and design of the works

Employer’s design

The Design of the Works has been undertaken by the Employer and his Consulting Engineer and the

Contractor is to construct the Works in accordance with this design and the associated

specifications.

Parts of the works which the Contractor is to design2

The Contractor will be required to provide shop drawings for the structural steelwork section of the Works where this is considered necessary. The Contractor will be required to carry out detailed planning of the electrical distribution within the buildings to meet the requirements as indicated on the Engineers’ drawings. All such planning will be to the approval of the Engineer.

Equipment required to be included in the works3

All equipment to be included in the Works is indicated on the drawings and/or detailed in the Bills of

Quantities.

As-built drawings, operating manuals and maintenance schedules

The Contractor is to provide fully marked up drawings to the Engineer indicating all As-built information to enable the Engineer to produce accurate As Built drawings of the Works.

Personnel:

Minimum requirements of people employed on the Site

No restraints

Subcontracting

Preferred subcontractors

No Restraints

Limitations on subcontracting

The Contractor may not subcontract more than 20% of the Works.

Plant and Materials

2 3

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Plant & Materials provided “free issue” by the Employer

Water and electrical power will be made available to the Contractor free of charge. All other plant and materials will be provided by the Contractor.

Contractor’s procurement of Plant and Materials

No restriction.

Tests and inspections before delivery4

All bricks to be used in the construction of the buildings and all paving bricks shall be tested and approved by the Engineer before delivery to the site.

Marking Plant and Materials outside the Working Areas5

Not Applicable

Contractor’s Equipment (including temporary works)

No Restriction

14 Construction

Temporary works, Site services & construction constraints

Employer’s Site entry and security control, permits, and Site regulations

The site of the Works is landside and the Contractor shall control access to the site in terms of Health and Safety Regulations.

Restrictions to access on Site, roads, walkways and barricades The Site of the Works is a fenced off area containing the Maintenance stores

and the Office Building. As such there are no particular restrictions to access to the site by the Contractor. Normal safety barricading shall be erected to prevent unauthorised access to the site. The Contractor will also be permitted to access the site direct from the adjacent road reserve through an existing gate. This will facilitate the bringing of materials to the site and avoid the necessity of travelling through the airport terminal roads.

People restrictions on Site; hours of work, conduct and records

The Contractor shall control access to the site. The hours of work shall be 07:30 to 17:00, Monday to Friday. The Contractor may request to work outside of these hours for good cause.

Conduct of all workmen on site shall at all times be exemplary and no

disturbance or disruption to the workings of the airport of any nature will be tolerated.

Title to materials from demolition and excavation6

The Contractor is to dispose of surplus materials from excavations and demolition work and has title to such materials in terms of Clause 73.2.

4. 5 6

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Full record of all workmen on the site are to be kept on a daily basis and copies of these records shall be provided to the Engineer each month. Full records of all materials on site are to be kept by the Contractor and copies of these records shall be provided to the Engineer on a monthly basis.

Contractor’s Equipment

Full records of all plant and equipment on site are to be kept by the Contractor and copies of these records shall be provided to the Engineer on a monthly basis.

Equipment provided by the Employer

No equipment will be made available by the Employer.

Site services and facilities provided by the Employer7

The Employer will provide water and electricity to the Contractor free of charge at points where such services are available within the confines of the Site. The Contractor shall make his own arrangements for the provision of toilet facilities for his workmen. This may be either by way of fully serviced chemical toilets or by connection of temporary waterborne toilets to the existing sewers on the site. All other site services and facilities necessary for providing the Works shall be provided by the Contractor.

Facilities provided by the Contractor

The Contractor shall provide his own site office for erection on the site. The site office will include for a meeting room of sufficient size to seat to seat 10 people around a table for the purposes of holding site meetings. This room shall also have facilities for storing all drawings and site information issued to the Contractor.

The Contractor shall at all times have available on site an automatic level and

staff for the use of the Engineer as necessary. The Contractor shall provide four Containers on site for the purposes of storing

the equipment belonging to the Employer during the Construction of the Maintenance Store and the Offices.

On completion of the Contract, all facilities provided by the Contractor shall be

removed from the site.

Existing premises, inspection of adjoining properties and checking work of Others

Not applicable.

setting out of the works

The Contractor shall be responsible for setting out the Works in accordance with the drawings provided by the Engineer.

site conditions and requirements

The Contractor will be responsible for ensuring that all excavations are kept free of water and where required shall make provision for the supply of all pumps which may be required.

7

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The Contractor will take every precaution to establish the positions of any underground services before any excavation works are commenced. All such services shall be exposed by the Contractor before excavation work is commenced.

The Contractor shall exercise proper control over noise, dust, water and waste.

Construction requirements

The Contractor will be required to programme his work to ensure minimum

disruption to the maintenance operations of the airport maintenance staff. The following sequence of

work, given in broad outline, is to be applied for the purposes of the tender.

Phase 1: Alterations and extensions to Workshop

Phase 2: Alterations and extensions to Office Block

Phase 3: Construction of Roadworks

Before commencement of the Work, the Contractor is to provide the Engineer with a

comprehensive programme for construction of the Works, for approval.

Completion, testing, commissioning and correction of Defects

Work to be done by the Completion Date8

All work is to be done by the Contractor shall be completed by the Completion Date, save for the following: [list project-specific exceptions and state by when the work should be completed]

The Project Manager cannot certify Completion until all the work except that

listed above has been completed and is also free of Defects which

would have, in his opinion, prevented the Employer from using the

works and Others from doing their work.

Use of the works before Completion has been certified9

Parts of the Works may be used by the Employer before the Completion has been certified. In this case the Engineer will issue a partial Certificate of Completion.

Materials facilities and samples for tests and inspections

The Contractor will provide samples of any materials requested by the Engineer for approval.

Access given by the Employer for correction of Defects10

Not applicable

Performance tests after Completion

8 9

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Not applicable

15 Plant and Materials, Standards and Workmanship

Building works

The following Standardised Specifications are applicable to this Contract. Particular requirements are shown on the drawings. SANS 10400-A:2010 Part Description A General Principles and Requirements C Dimensions D Public Safety F Site Operations G Excavations H Foundations J Floors K Walls L Roofs M Stairways N Glazing O Lighting and Ventilation P Drainage R Storm water Disposal S Facilities for Persons with Disabilities T Fire Protection V Space Heating W Fire Installation

Civil engineering and structural works

The following Standardised Specifications are applicable to this Contract. Particular requirements are shown on the drawings. SANS 1200: STANDARDISED SPECIFICATIONS A General AH General (Structural) C Site Clearance D Earthworks DA Earthworks (Small Works) DB Earthworks (Pipe Trenches) DM Earthworks (roads, subgrade) G Concrete (Structural) GA Concrete (Small Works) GB Concrete (Ordinary Buildings) H Structural Steelwork HA Structural Steelwork (Sundry Items) HB Cladding and Sheeting HC Corrosion Protection of structural steelwork L Medium Pressure Pipelines LB Bedding (Pipes) LC Cable Ducts LD Sewers LE Storm Water Drainage

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LF Erf Connections (Water) M Roads ME Subbase MF Base MG Bituminous Surface MH Asphalt Base and Surfacing MJ Segmented Paving MK Kerbing and Channelling MM Ancillary Roadworks

Electrical & mechanical engineering works

The requirements of the Contract are indicated on the drawings

Process control and IT works

Not applicable

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C3.2 CONTRACTOR’S WORKS INFORMATION

The Contractor will be required to provide Shop Drawings for the construction of the structural steel mezzanine floor, and the lean-to shed. The Contractor is to list in Annexure P the plant which will be available for construction of the Works.

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Document reference Title No of pages

This cover page 1

C4 Site Information

Total number of pages

Core clause 11.2(16) states “Site Information is information which describes the Site and its surroundings and is in the documents which the Contract Data states it is in.” In Contract Data, reference has been made to this Part 4 of the contract for the location of Site Information.

PART C4: SITE INFORMATION

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Description of the Site and its surroundings

Nature of ground and subsoil conditions

There are no rock outcrops in the immediate vicinity of the work.

The site slopes from south towards the north and has already been platformed to accommodate the existing maintenance store. Further excavation will be required to increase the size of the platform to accommodate the lean-to shed and paved areas.

Excavations are expected to be in materials that can be classified as varying from soft to intermediate. The above-mentioned only serves as a guideline and prospective Tenderers shall acquaint themselves with the nature of the conditions on site and the Employer will assume no responsibility for the conclusions reached by the Tenderer.

The nature of the subsoil will be discussed at the site meeting and expected conditions will be indicated.

General description

The site of the Works is the Maintenance area of the George airport. The entire maintenance area is demarcated with a perimeter fence and is as indicated on the site drawing.

Existing buildings, structures, and plant & machinery on the Site

The site drawing indicates the position of the existing facilities within the confines of the maintenance site. The following items form the relevant improvements to the site :

• Existing Roads

• Office Building

• Maintenance Stores

Subsoil information

Nature of ground and subsoil conditions

There are no rock outcrops in the immediate vicinity of the work.

The site slopes from south towards the north and has already been platformed to accommodate the existing maintenance store. Further excavation will be required to increase the size of the platform to accommodate the lean-to shed and paved areas.

Excavations are expected to be in materials that can be classified as varying from soft to intermediate. The above-mentioned only serves as a guideline and prospective Tenderers shall acquaint themselves with the nature of the conditions on site and the Employer will assume no responsibility for the conclusions reached by the Tenderer.

The nature of the subsoil will be discussed at the site meeting and expected conditions will be indicated.

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Hidden services

All known hidden services have been indicated on the drawings. Before any excavation work is carried out, the Contractor is to carry out a thorough investigation of the area to establish the position of any hidden services. Such services are to be exposed by hand excavation before excavation work by machine is carried out.

Other reports and publicly available information

Not applicable.