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Tender 1 T1.2 Part T1: Tendering procedures Tender Data

MEDIA

O R TAMBO INTERNATIONAL AIRPORT

ENGINEERING AND CONSTRUCTION OF THE REMOTE APRON STANDS AT O R TAMBO INTERNATIONAL

AIRPORT ORT5832/2018/RFP

Volume 1 Airports Company South Africa

Private Bag X1 O R Tambo International Airport 1627

Contact:

Name: Mr. Thami Mncube

E-mail: [email protected]

Tenderer ..................................................................................................................

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

Total of the prices – inclusive of value added tax: R .....................................................

In the event of any conflict between the data provided above and the Form of Offer and Acceptance, the latter shall prevail.

mailto:[email protected]


The following documents form part of this contract: Part T1: Tendering Procedures

T1.1 Tender notice and invitation to tender T1.2 Tender data Part T2; Returnable documents T2.1 List of returnable documents and schedules T2.2 Returnable documents and schedules Part C1: Agreement and Contract Data C1.1 Form of offer and acceptance C1.2 Contract Data - Part 1: Data provided by the Employer C1.2 Contract Data - Part 2: Data provided by the Contractor C1.3 Pro-forma performance bond Part C2: Pricing Data C2.1 Pricing instructions: Option A C2.2 Activity Schedule

Part C3: Scope of Work C3.1 Description of the Works

C3.2 Detailed Scope of Works C3.3 General Matters and Requirements C3.4 Materials and Quality Assurance C3.5 Drawings, Documents and Samples C3.6 Programme, Progress Reporting and Meetings C3.7 Requirements of Government’s Programme for Broad-Based Black

Economic Empowerment Part C4: Site Information

C4.1 Site Location C4.2 Site Description C4.3 Additional information Part C5: Annexures (To be collected from O R Tambo International Airport)

C5.1 Preliminary Design Report C5.2 Drawings C5.3 Geotechnical Report C5.4 Environmental C5.5 Stone Columns C5.6 ACSA OHS Specification, Airfield Standard Operating Procedures C5.7 RAS Indicative Activity Schedule C5.8 National Treasury - Designated Sectors – Instructions


Contents THE TENDER 6

PART T1: Tendering Procedures 7

T1.1 Tender Notice and Invitation to Tender 7

T1.2 Tender Data 10

PART T2: Returnable Documents 15

T2.1 List of Returnable Documents and Schedules 15

T2.2 Returnable Documents and Schedules 16

Attendance registers of a compulsory briefing session and compulsory site inspection 21

Record of Addenda to Tender Documents 22

Proposed amendments and qualifications 23

Certificate of Authority for Signatory 24

Certificate of Authority for Joint Ventures (if applicable) 25

Signed Joint Venture Agreement (if applicable) 26

Occupational Health and Safety Questionnaire 27

Compulsory Enterprise Questionnaire 32

Preferencing schedule: Broad-Based Black Economic Empowerment status 34

Declaration of Interest (SBD 4) 36

Preference Points Claim Form in terms of the Preferential Procurement Regulations 2017 (SBD 6.1) 40

Declaration certificate for local production and content for designated sector (SBD 6.2) 45

Declaration of Tenderer’s Past Supply Chain Management Practises (SBD 8) 50

Certificate of Independent Bid Determination (SBD 9) 52

Proof of CIDB Registration 55

Transformation Proposal 56

Original SARS Tax Clearance Certificate or PIN Code 65

COIDA Letter of Good Standing 66

CIPC (Company Registration Certificates) 67

Certified copy of B-BBEE Certificate 68

Schedule of Proposed Subcontractors 69

THE CONTRACT 70

PART C1: Agreement and Contract Data 71

C1.1 Form of Offer and Acceptance 71

C1.1.1 Offer 72

C1.1.2 Acceptance 74

C1.1.3 Schedule of Deviations 75

C1.2 Contract Data 77

Part One – Data provided by the Employer 77

Part Two - Data provided by the Contractor 99

C1.3 Pro forma Performance Bond – Demand Guarantee 102

PART C2: Pricing Data 105

C2.1 Pricing Instructions: Option A 105


C2.2 Activity Schedule 107

PART C3: Scope of Work 108

C3.1 Description of the Works 108

C3.1.1 Employer’s Objective 108

C3.1.2 General description of the works 108

C3.2 Detailed Scope of Works 110

C3.2.1 Contractor’s Duties - General 110

C3.2.2 Technical Requirements 113

C3.3 General Matters and Requirements 122

C3.3.1 Providing the Works 122

C3.3.2 Permits and Duties 122

C3.3.3 Compliance with Laws 122

C3.3.4 Compliance with Codes and Standards 123

C3.3.5 Works of the Employer and Others 123

C3.3.6 Contractor’s Organisation 123

C3.3.7 Personnel 123

C3.3.8 Setting Out 124

C3.3.9 Checking of Site Supervision by Joint Monitoring Team (JMT) 124

C3.3.10 Order of Work on Site 124

C3.3.11 Erection at Site 124

C3.3.12 Equipment, Plant and Materials 124

C3.3.13 Methods of Working 124

C3.3.14 Method and Resources Statements 125

C3.3.15 Change Control 125

C3.3.16 Site Establishment 125

C3.3.17 Definitions and Use of Site 125

C3.3.18 Security of and Access to the Site 125

C3.3.19 Contractor to Keep Site Clear 127

C3.3.20 Final Clean-Up 127

C3.3.21 Services and Facilities 127

C3.3.22 Temporary Electrical Connections 127

C3.3.23 External Electrical Connections 127

C3.3.24 Accommodation 128

C3.3.25 Recruitment 128

C3.3.26 Transport of Personnel to Site 128

C3.3.27 Notice Boards 128

C3.4 Materials and Quality Assurance 129

C3.4.1 Materials, Packing and Storage 129

C3.4.2 Quality of Plant and Materials 129

C3.4.3 Proprietary Brands 129

C3.4.4 Protection and Packaging for Delivery and Storage 129

C3.4.5 Storage 130


C3.4.6 Quality Control 130

C3.5 Drawings, Documents and Samples 131

C3.5.1 Comments on Contractor’s Drawings and Other Documents 131

C3.5.2 Drawing Requirements 131

C3.5.3 Document Tracking System 131

C3.5.4 Submission Schedule 131

C3.5.5 Document Submission 131

C3.5.6 Time Required for Acceptance of Designs and Calculations by the Project Manager 132

C3.5.7 As-Built Records and Drawings 132

C3.5.8 Operation and Maintenance Manuals 132

C3.6 Programme, Progress Reporting and Meetings 133

C3.6.1 Programme 133

C3.6.2 Reporting 133

C3.6.3 Progress Meetings 134

C3.7 Requirements of Government’s Programme for Broad-Based Black Economic Empowerment 135

PART C4: Site Information 139

C4.1 Site Location 139

C4.2 Site Description 139

C4.3 Additional Information 139

PART C5: Annexures (To be issued on CD format at Compulsory Briefing Session) 141

C5.1 Preliminary Design Reports 141

C5.2 Drawings 141

C5.3 Geotechnical Report 141

C5.4 Environmental 141

C5.5 Stone Columns 141

C5.6 ACSA OHS Specification, Airfield Standard Operating Procedures 141

C5.7 RAS Indicative Activity Schedule 141

C5.8 National Treasury - Designated Sectors - Instructions 141


THE TENDER


PART T1: Tendering Procedures

T1.1 Tender Notice and Invitation to Tender Tender bids are hereby invited for the Engineering and Construction of the Remote Apron Stand (RAS) at O R Tambo International Airport TENDER NO.: ORT5832/2018/RFP Minimum CIDB Grading Requirement: 9CE (Civil Engineering) excluding Potentially Emerging (PE). Tender Document Availability: Tender Documents (Parts T1 to C4) can be downloaded free of charge from the National Treasury’s eTender Publication Portal (http://www.etenders.gov.za) from 16 July 2019. Tender Document (Part C5 – Annexures) will be issued on CD format at the Compulsory Briefing Session Transformation Objectives: Tenderers must sub-contract a minimum of 30% in terms of the PPPFA 2017 clause 4 (1) (c) Compulsory Tender Briefing and Site Visit: A compulsory briefing session will be held at 10h00 on 5 August 2019 at the O.R. Tambo International Airport Media Centre. (Next to the Post Office at International Arrival) The tender briefing session will be followed by a compulsory site inspection. An attendance register will be kept, and tenderers are to ensure they sign the register for the tender briefing. An attendance certificate for the compulsory tender site inspection is to be signed after the session. Tenderers are requested to ensure that no more than 2 people from each tendering entity or JV attend the scheduled briefing session and site inspections. Requests for clarification of the tender documents, if necessary, will only be allowed until 5 working days before the tender closing. NB: Enquiries and Contact Information Closing All enquiries are to be addressed to the email: [email protected] Closing Date for Enquiries: 7 October, 16h00 Public Opening: Immediately after tender closing Tender Closing: 12h00, 14 October 2019. Tenders are to be submitted in hard copy as one original and one copy into Tender Box A situated at 3rd Floor, North Wing, ACSA office, ORTIA. Tender Validity Period: The Tender Validity Period is 120 Days. Tenderers are to note that ACSA may request an extension of the validity period of their tender, at the same terms and conditions, if the internal evaluation process has not been finalised within the validity period. Tenderers who have accepted the extension of the validity period will be considered.

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



However, once the adjudication body has approved the process and award of the business to the successful Tenderer(s), the validity of the successful Tenderer(s)' tender will be deemed to remain valid until a final contract has been concluded. Pre-qualification criteria

- Tenderers must have a B-BBEE Level 1 or Level 2 - Generic Enterprises tendering must sub-contract a minimum of 30% in terms of the PPPFA 2017

clause 4 (1) (c) Mandatory Administrative requirements: (Eligibility criteria)

- Attendance registers of a compulsory briefing session and compulsory site inspection; - Proof of CIDB registration – minimum 9CE; - Tenderers must accept ACSA’s Transformation Contractor Participation Goal targets - Tenderers must be South African registered entities - Signed declaration of interest Form (SBD 4). - Fully completed and signed Form of Offer. - Declaration certificate for local production and content for designated sectors (SBD 6.2) completed

and signed. NB: No bid will be awarded to any bidder whose Tax matters have not been declared in order by the SARS. NB: No award will be made to any supplier or service provider who is not registered on the CSD. Failure to meet any of these Mandatory requirements will result in disqualification. Bids will be evaluated in terms of:

- Pre-Qualification criteria - Mandatory Administrative requirements - Functionality / Quality - The Preferential Procurement Policy Framework Act using the 90:10 points system, where 90 points

are allocated to price and 10 points are allocated to B-BBEE Level of Contribution Bidders are to provide a design team and a programme for the approval of designs for the project. Details of the proposed design team should be listed in the tender returnable section. All the documentation submitted in response to this tender must be in English. Telegraphic, telephonic, telex, facsimile, e-mail and late tenders will not be accepted. Tenders may only be submitted on the tender documentation that is issued. Tenderers shall check these Tender Documents and all page numbers to satisfy themselves that none are missing or duplicated. No liability will be accepted by ACSA regarding anything arising from the fact that pages are missing or duplicated. Late tenders will not be considered. ACSA reserves the right, prior to award to conduct a financial evaluation of the tenderer and based thereon not proceed with the award should there be any compelling and justifiable reasons to do so. ACSA reserves the right to award this tender as a whole or in part. Tenders submitted by Companies or Closed Corporations must be signed by a person or persons duly authorised thereto by a resolution of a Board of Directors, a copy of which Resolution shall be submitted with the tender. Enquiries:


All communication and attempts to solicit information of any kind relative to this Tender should be channelled via email to: [email protected]



T1.2 Tender Data The conditions of tender are the latest edition of SANS 10845-3, Construction Procurement – Part 3: Standard conditions of tender. SANS 10845-3 makes several references to the Tender Data for details that apply specifically to this tender. The Tender Data shall have precedence in the interpretation of any ambiguity or inconsistency between it and the provisions of SANS 10845-3. Each item of data given below is cross-referenced to the clause in SANS 10845-3 to which it mainly applies.

Clause number

Tender Data

3.1 The employer is the Airports Company South Africa SOC Limited (ACSA)

3.2 The tender documents issued by the employer comprise: Part T1: Tendering Procedures T1.1 Tender Notice and Invitation to Tender T1.2 Tender Data Part T2: Returnable Documents T2.1 List of Returnable Documents and Schedules T2.2 Returnable Documents and Schedules Part C1: Agreement and Contract Data C1.1 Form of Offer and Acceptance C1.2 Contract Data C1.3 Pro-forma Performance Bond Part C2: Pricing Data C2.1 Pricing Instructions: Option A C2.2 Activity Schedule Part C3: Scope of Work C3.1 Description of the Works C3.2 Detailed Scope of Works C3.3 General Matters and Requirements C3.4 Materials and Quality Assurance C3.5 Drawings, Documents and Samples C3.6 Programme, Progress Reporting and Meetings C3.7 Requirements of Government’s Programme for Broad-Based Black Economic Empowerment Part C4: Site Information C4.1 Site Location C4.2 Site Description C4.3 Additional Information Part C5: Annexures C6.1 Preliminary Design Reports C6.2 Drawings C6.3 Geotechnical Report C6.4 Environmental C5.5 Stone Columns C5.6 ACSA OHS Specification, Airfield Standard Operating Procedures C5.7 RAS Indicative Activity Schedule C5.8 National Treasury – Designated Sectors - Instructions


3.4 The employer’s agent is: Contact Thami Mncube Tel no : +27 11 723 1400 E-mail address : [email protected]

3.4 The language for communications is English

3.6.2 The competitive negotiation procedure is not applicable to this tender

3.6.3 The two-stage tendering system is not applicable to this tender

4.1 Only those tenderers who are B-BBEE status level 1 or 2 contributors and who provide the necessary proof that they satisfy such preferential treatment criteria are eligible to have their tenders evaluated.

4.1 Only those tenderers who undertake to subcontract 30% of the total of the Prices to Black Owned vendors at minimum 30% of which 15% (half of 30%) must be BWO, YO or PWPDO (Refer to Section C3.7) in terms of the Preferential Procurement Regulations are eligible to have their tenders evaluated.

4.1 Attendance registers of a compulsory briefing session and compulsory site inspection; Tenderers must accept ACSA’s Transformation Contractor Participation Goal targets Tenderers must be South African registered entities Tenderers must submit Signed declaration of interest Form (SBD 4). Tenderers must fully complete and sign Form of Offer. Declaration certificate for local production and content for designated sectors (SBD 6.2) completed and signed.

4.1 Only those tenderers who are registered with the CIDB, or are capable of being so prior to the evaluation of submissions, in a contractor grading designation equal to or higher than a contractor grading designation determined in accordance with the sum tendered, or a value determined in accordance with Regulation 25 (1B) or 25(7A) of the Construction Industry Development Regulations, for a 9CE class of construction work, are eligible to have their tenders evaluated. Joint ventures are eligible to submit tenders provided that: 1. every member of the joint venture is registered with the CIDB; 2. the lead partner has a contractor grading designation in the CE class of construction work; and 3. the combined contractor grading designation calculated in accordance with the Construction Industry Development Regulations is equal to or higher than a contractor grading designation determined in accordance with the sum tendered for a 9CE class of construction work or a value determined in accordance with Regulation 25 (1B) or 25(7A) of the Construction Industry Development Regulations.

4.7 The arrangements for a compulsory clarification meeting are as stated in the Tender Notice and Invitation to Tender. Tenderers must sign the attendance list in the name of the tendering entity. Addenda will be issued to and tenders will be received only from those tendering entities appearing on the attendance list. Tenderers are required to bring their tender documents to the meeting and have their returnable document Certificate of attendance signed off by the Employer's authorised representative. Tenderers are requested to ensure that no more than 2 people from each tendering entity or JV attend the compulsory clarification meeting.

4.12 No alternative tender offers will be considered

4.13.1 Parts of each tender offer communicated on paper shall be submitted as an original, plus one copy.



4.13.5

The employer’s details and address for delivery of tender offers and identification details that are to be shown on each tender offer package are: Location of tender box: Tender Box A situated at 3rd Floor, North Wing, ACSA office, ORTIA

Identification details to be shown on each tender offer package: Tender no, Title of Tender and the closing date and time for tenders. Each package shall state on the outside the employer's address as well as the tenderer's name and contact address. Packages shall be marked “ORIGINAL" and "COPY".

4.13.5 The “ORIGINAL” and “COPY” are to be submitted as separate packages.

4.13.6 Telephonic, telegraphic, telex, facsimile or e-mailed tender offers will not be accepted.

4.15 The closing time for submission of tender offers is as stated in the Tender Notice and Invitation to Tender. NO LATE TENDERS WILL BE ACCEPTED

4.16 The tender offer validity period is 120 days. Tenderers are to note that ACSA may request an extension of the validity period of their tender, at the same terms and conditions, if the internal evaluation process has not been finalised within the validity period. Tenderers who have accepted the extension of the validity period will be considered However, once the adjudication body has approved the process and award of the business to the successful Tenderer(s), the validity of the successful Tenderer(s)' tender will be deemed to remain valid until a final contract has been concluded.

4.20 The tenderer is required to submit with his tender a letter of intent from an approved insurer undertaking to provide the Performance Bond to the format included in Part C1.3 of this procurement document

5.4 Tenders will be opened immediately after the closing time for tenders

5.11.1 Bids will be evaluated in terms of: - Pre-Qualification criteria, then - Mandatory Administrative requirements, then - Functionality / Quality (minimum scores to be achieved), then - Method 3 – Price and Preference as per the Preferential Procurement Policy Framework

Act using the 90:10 points system, where 90 points are allocated to price and 10 points are allocated to B-BBEE Level of Contribution

5.11.4 The procedure for the evaluation of responsive tenders is Method 3 (Financial offer and preference) TEV = NFO + NP

TEV is the Total Evaluation Points NFO is the points scored for Financial Offer (5.11.7) NP is the points scored for Preference (5.11.8)


5.11.7 The score for financial offer is calculated using the formula: NFO = W1 × A

Where:

NFO is the number of tender evaluation points awarded for the financial offer; W1 = 90 A = Pm/P

Where:

Pm is the comparative offer of the most favourable comparative offer and P is the comparative offer of the tender offer under consideration.

5.11.8 The score for preferences claimed (NP)shall be as follows:

Up to 100 minus W1 tender evaluation points are awarded to tenderers who complete the preferencing

schedule and who are found to be eligible for the preference claimed.

B-BBEE status level of contributor Number of preference

points (NP)

90/10 preference points

system

Form not completed or no-complaint

contributor

0

Level 8 contributor 1









5.11.9 The quality criteria and maximum score in respect of each of the criteria are as follows:

Quality criteria Sub criteria Minimum required / Maximum

number of points

Experience of key person (lead design) 12 / 20

Experience of key person (construction management) 12 / 20

Approach paper for the design of the works

12 / 20

Approach paper for the delivery of the project

the proposed approach/ methodology to deliver the project

12 / 20

Programme developed in accordance with clause 31.2 of the NEC3 ECC

Proposed programme 9 / 15

Proposal to perform operations

3 / 5

Maximum possible score for quality (Ms) 100

Quality shall be scored by not less than three evaluators in accordance with the following schedules:

• Schedule 1: Experience of key person (lead designer)

• Schedule 2: Experience of key person (construction manager)

• Schedule 3: Approach paper (design)

• Schedule 4: Approach paper (delivery of the project)

The minimum number of evaluation points for quality is 60

5.11.9 Scores (indicated in schedules 1 to 4) will be allocated to no response, poor, satisfactory, good and very good, respectively. The scores of each of the evaluators will be averaged, weighted and then totalled to obtain the final score for quality.

5.13 Tender offers will only be accepted if the following additional criteria are met: - Attendance registers of a compulsory briefing session and compulsory site inspection; - Proof of CIDB registration – minimum 9CE; - Tenderers must accept ACSA’s Terms and Conditions. - Tenderers must accept ACSA’s Transformation Contractor Participation Goal targets - Tenderers must be South African registered entities - Signed declaration of interest Form C4 (SBD 4). - Fully completed and signed Form of Offer. - Declaration certificate for local production and content for designated sectors (SBD 6.2) completed and

signed. - Tenderers must provide suitable financial statements for the preceding financial year. - Tenderers must provide at least two contactable client references for the provision of works satisfactorily

executed as a main contractor. - Tenderers must submit proof of having secured the services of a lead designer (key person)

5.17 The number of paper copies of the signed contract to be provided by the employer is one.


PART T2: Returnable Documents

T2.1 List of Returnable Documents and Schedules The Tenderer must complete the following returnable documents required for tender evaluation purposes.

Items marked with [ * ] will be incorporated into the contract. (Bidder to Insert a tick (√) in the “Returnable document” column to check which documents he/she returned with the bid)

RETURNABLE DOCUMENTS AND SCHEDULES

DOCUMENT NAME RETURNABLE DOCUMENT

Contactable client references – Concrete Pavements Yes Contactable client references – Asphalt Pavement Yes Contactable client references – Fuel Lines Yes Annual Financial Statements Declaration Yes Attendance registers of a compulsory briefing session and compulsory site inspection Yes Record of Addenda to Tender Documents Yes Proposed amendments and qualifications (if applicable) * Yes Certificate of Authority for Signatory * Yes Certificate of Authority for Joint Ventures (If applicable) * Yes Signed Joint Venture Agreement (if applicable) * Yes Occupational Health and Safety Questionnaire * Yes Compulsory Enterprise Questionnaire * Yes Preferencing schedule: Broad-Based Black Economic Empowerment status Yes Declaration of Interest (SBD 4) Yes Preference points claim form in terms of the preferential procurement regulations (SBD 6.1) Yes Declaration certificate for local production and content for designated sector (SBD 6.2) * Yes Declaration of Tenderer’s Past Supply Chain Management Practises (SBD 8) Yes Certificate of Independent Bid Determination (SBD 9) Yes Proof of CIDB Registration * Yes Transformation Proposal Yes Schedule 1: Experience of key person (lead designer) * Yes Schedule 2: Experience of key person (construction management) * Yes Schedule 3: Approach paper for completing the design of the works * Yes Schedule 4: Approach paper for delivering the project * Yes CSD Registration plus Original SARS Tax Clearance Certificate or PIN Code * Yes COIDA Letter of Good Standing * Yes CIPC (Company Registration Certificates) Yes Certified copy of B-BBEE Certificate * Yes Schedule of Proposed Subcontractors * Yes


T2.2 Returnable Documents and Schedules


Contactable client references

Project component works relating to concrete pavements having a minimum value inclusive VAT of not less than R 50 million completed in the last five years

Contactable reference #1. Description Particulars

Name of organisation:

Contract no: Contract title:

Main contract value including VAT::

Completion date of pavement portion of the works

Value of concrete pavements including VAT

Contact Person:

Telephone:

Landline: ………….………………….. Mobile: …………………………..

Description of the concrete pavements

Email (if available):




Main contract value including VAT:


Value of concrete pavements including VAT:

Contact Person:

Telephone:

Landline: ………….………………….. Mobile: …………………………..

Description of the concrete pavements



Project component works relating to asphalt pavements having a minimum value inclusive VAT of not less than R 50 million completed in the last five years






Value of ashpalt pavements including VAT

Contact Person:

Telephone:

Landline: ………….………………….. Mobile: …………………………..

Description of the asphalt pavements






Completion date of asphalt pavement portion of the works

Value of concrete pavements including VAT:

Contact Person:

Telephone:

Landline: ………….………………….. Mobile: …………………………..

Description of the asphalt pavements



Project component works relating to fuel lines having a minimum value inclusive VAT of not less than R 10 million completed in the last five years





Completion date of fuel lines portion of the works

Value of fuel lines including VAT

Contact Person:

Telephone:

Landline: ………….………………….. Mobile: …………………………..

Description of the fuel lines






Completion date of fuel lines portion of the works

Value of fuel lines including VAT :

Contact Person:

Telephone:

Landline: ………….………………….. Mobile: …………………………..

Description of the fuel lines


ENGINEERING AND CONSTRUCTION OF THE REMOTE APRON STANDS AT O R TAMBO INTERNATIONAL AIRPORT

of 141

Annual Financial Statements Declaration

The undersigned, who warrants that he / she is duly authorised to do so on behalf of the respondent, confirms that:

1) The enterprise’s financial year end is . . . . . . . . . . . . . . .

2) The enterprise’s financial statements have been prepared in accordance with the provisions of the Companies Act of 2008 or the Close Corporation Act of 1984, as applicable

3) The enterprise has compiled its financial accounts [tick one box]:

internally independently

4) The following statement applies to the enterprise [tick one box and provide relevant information]

enterprise has had its financial statements audited;

name of auditor . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

enterprise is required by law to have an independent review of its financial statements

name of independent reviewer . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

enterprise has not had its financial statements audited and is not required by law to have an independent review or audit of such statements

5) The attached income statement and balance sheet is a true extract from the financial statements complying with applicable legislation for the preceding financial year within 12 months of the financial year end.

[Attach the income statement and the balance sheet contained in the financial statement]

6) The annual turnover for the last financial year is R . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7) The total assets as at the end of the last financial year is R . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8) The total liabilities as at the end of the financial year is R . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I hereby declare that the contents of this Declaration are within my personal knowledge, and save where stated otherwise are to the best of my belief both true and correct.

Signed Date

Name Position

Tenderer


of 141

Attendance registers of a compulsory briefing session and

compulsory site inspection

This is to certify that

I, ………………………………………………………………………………………………………………

Representative of tenderer)

…………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………

of (address)

…………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………

e-mail: …………………………………….………………………………………………………………….

telephone number: ..………………………..……………………………………………………………….

fax number: ………………………………………………………………………………………………….

visited and examined the site on date: ……………………………………………………………………

Tenderer’s Representative

Signature:

……………………………….

Position:

……………………………………

Employer’s Representative:

Name & Signature:

……………………………….

Date:

……………………………………


of 141

Record of Addenda to Tender Documents

We confirm that the following communications received from ACSA before the submission of this tender offer, amending the tender documents, have been taken into account in this tender offer:

Date Title or Details

1.

2.

3.

4.

5.

6.

7.

8.

Attach additional pages if more space is required.

Signed:

…………………………………..

Date:

………………………………………………

Name:

…………………………………..

Position:

………………………………………………

Tenderer:

……………………………………………………………………………………………………….


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Proposed amendments and qualifications

The Tenderer should record any deviations or qualifications he may wish to make to the tender documents in this Returnable Schedule. Alternatively, a tenderer may state such deviations and qualifications in a covering letter to his tender and reference such letter in this schedule.

The Tenderer’s attention is drawn to clause 5.8 of SANS 10845-3 regarding the employer’s handling of material deviations and qualifications.

Page Clause or item Proposal

Signed Date

Name Position

Tenderer


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Certificate of Authority for Signatory

(1) Signatories for close corporations and companies shall confirm their authority by attaching to this

form a duly signed and dated copy of the relevant resolution of their members or their board of

directors, as the case may be.

(2) In the event that the tenderer is a joint venture, this certificate is required from all members of the

joint venture and the designated lead partner shall be clearly identified as requested by tender

condition 4.13.2.

An example is shown below:

“By resolution of the board of directors taken on ....................................... 20 .................

Mr/Ms ........................................................................................................................................................

whose signature appear below, has been duly authorized to sign all documents in connection with this

tender for TENDER No: ORT5832/2019/RFP and any contract which may arise there from on behalf of

(block capitals) ..........................................................................................................................................

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

Signed on behalf of Company: ................................................................................................................

In his/her capacity as: .................................................................................................................................

Date: ................................................................ Signatory of Authority: ……………………………………..

Witnesses:

………………………………………………….. ……………………………………………

Signature Signature

…………………………………………………. …………………………………………….

Name (print) Name (print)

Attach:

▪ Extract from minutes

▪ Annual Financial Report

▪ Tax Clearance Certificate

▪ Company Documents

▪ Bank reference

Signed:

…………………………………..

Date:

………………………………………………

Name:

…………………………………..

Position:

………………………………………………

Tenderer:

……………………………………………………………………………………………………….


of 141

Certificate of Authority for Joint Ventures (if applicable) This Returnable Schedule is to be completed by joint ventures in addition to the previous form (Certificate of

Authority for Signatory) for each JV member.

We, the undersigned, are submitting this tender offer in Joint Venture and hereby authorise Mr/Ms . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . , authorised signatory of the company . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , acting in the capacity of lead partner, to sign all documents

in connection with the tender offer and any contract resulting from it on our behalf.

NAME OF FIRM ADDRESS DULY AUTHORISED SIGNATORY

Lead partner

Signature: ……………………………

Name: …………………………………

Designation: ………………………….


Name: …………………………………



Name: …………………………………



Name: …………………………………


Signed:

…………………………………..

Date:

………………………………………………

Name:

…………………………………..

Position:

………………………………………………

Tenderer:

……………………………………………………………………………………………………….


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Signed Joint Venture Agreement (if applicable) Attach here


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Occupational Health and Safety Questionnaire

1. OCCUPATIONAL HEALTH AND SAFETY POLICY, ORGANISATION AND

MANAGEMENT INVOLVEMENT

YES NO

1.1 Do you have an Occupational Health and Safety Policy?

Is this signed by the Chief Executive Officer?

Please supply copy of this policy

1.2 Does a Occupational Health and Safety structure exist in your company?

Please provide details

1.3 Are senior and middle management actively involved in the promotions of

Occupational Health and Safety?

Please provide details eg.

• Periodical work area inspection

• Regular Health and Safety meetings with personnel

1.4 Are the Occupational Health and Safety responsibilities of managers clearly

defined?

Please provide details

1.5 Are annual Occupational Health and Safety objectives included in your business

plan?

Please provide example

1.6 Is your company registered with the Compensation Commissioner? (COID

Act)?

If so, please provide registration number

1.7 Do you have a copy of good standing certificate, confirming that your registration

is paid up?

If so, please provide copy thereof

2. OCCUPATIONAL HEALTH AND SAFETY TRAINING

2.1 Is training provided to employees at the following stages?

• When joining the company

• When changing jobs within the company

• When new plant or equipment needs to be operated

As a result of experience of and feedback from an accident/ incident reports

Are you able to provide proof of specialist training provided?

Please state how this can be achieved

2.2 What formal Occupational Health and Safety training is provided specifically to?

• First line supervisors

• Middle and top management

Please describe

2.3 Are all employees (including subcontractors) instructed as to the application of

rules and regulations?

When is this done and how is it achieved?


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2.4 Does this training include the selection, use and care of personal protective

equipment?

2.5 What refresher training is provided and at what intervals?

Please list examples

Course Title

Target audience

Interval

2.6 Has the person(s) allocated as your Occupational Health and Safety advisor

followed specific Occupational Health and Safety training?

Please list most recent courses

2.7 Does this include refresher training?

3. PURCHASE OF GOODS, MATERIALS AND SERVICES YES NO

3.1 Do you have a system for establishing Occupational Health and Safety

specifications as part of the assessment of goods, materials and services?

Please describe

3.2 Do you have a system which ensures that all statutory inspection of plant and

equipment are carried out?

Please give examples of plant /equipment covered

3.3 Is there record of inspection?

Where is it kept?

Are you able to supply copies of these inspection records if required?

3.4 How is plant and equipment, which has been inspected identified as being safe

to use?

3.5 Do you evaluate the Occupational Health and Safety competence of all sub-

contractors?

Please describe how this is achieved and how the results are monitored

4. OCCUPATIONAL HEALTH AND SAFETY INSPECTIONS YES NO

4.1 Are periodic work inspections carried out by first line supervisors or your

General Safety Regulation 11(1) appointee?

4.2 Are records of these inspections kept and available?

4.3 During the inspections are supervisors required to check that safety rules and

regulations (including personal protective equipment) are adhered to?

4.4 Are unsafe acts and conditions reported and remedial actions formally

monitored?


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Please provide examples of the above

5. RULES AND REGULATIONS YES NO

5.1 Do health and safety rules and regulations exist for personnel and sub-

contractors?

Do these cover:

• General rules

• Project rules

• Specific task rules

5.2 Do these rules include permit to work system (as applicable)

5.3 Do you have experience of project Occupational Health and safety plans?

Please give examples of where these have been used

5.4 Do you have a formal company guidelines for holding pre-contract health and

safety meetings with the client?

6 RISK MANAGEMENT YES NO

6.1 Have the following, involved in the execution of your work, been identified?

• Hazards affecting health and safety?

• The groups of people who might be affected?

• An evaluation of the risk from each significant hazard?

• Whether the risks arising are adequately controlled?

6.2 Are these findings and assessments recorded?

6.3 How often are they reviewed?

Please list the time frame e.g. years

6.4 For what processes/risk is personal protective equipment issued?

Process/Risk

Type of PPE

Do you have a copy of the issue lists for PPE available on request?

7 EMERGENCY ARRANGEMENTS YES NO

7.1 How do you manage your arrangements for dealing with emergencies?

Are these communicated to your sub-contractors?

7.2 What provision have you made for first aid?

E.g. Trained First Aiders

7.3 What training do you provide to employees in Safety/Fire Fighting?

Please list institutions used for these training

8

RECRUITMENT OF PERSONNEL

YES

NO


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8.1 Are health and Safety factors considered when hiring personnel?

8.2 Are medical examinations carried out prior to employment?

In all cases

Where type of work requires medical examination

8.3 Do you cover exit medical examination?

8.4 How do you assess the competence of staff before an appointment is made?

E.g. Via trade testing, reference checks

9. REPORTING AND INVESTIGATION OF ACCIDENTS, INCIDENTS AND

DANGEROUS CONDITIONS

YES NO

9.1 Do you have a procedure for reporting, investigating and recording accidents

and incidents?

Please supply a copy

9.2 Is there a standard report/investigation form used?

Please supply a copy

9.3 Do you have a formal system for reporting situations/near misses etc?

Please provide a copy

9.4 Please provide the following statistic for the last five years

YEAR1 YEAR 2 YEAR 3 YEAR 4 YEAR 5

Lost time accidents per 100 employees

Major/ Reportable injuries per 100

employees

Number of dangerous occurrences

Lost man day due to accidents

10 HEALTH AND SAFETY COMMUNICATION AND CONSULTATION

YES NO

10.1 Are Health and Safety Committee meetings held between management and

appointed Health and Safety representatives?

10.2 Are the results of these meetings communicated to all employees?

If Yes please describe method

10.3 Are Health and Safety meetings held?

At what frequency?

Chaired by whom?

10.4 Do you carry out Occupational Health and Safety promotions / campaigns?

If Yes please provide examples


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The following documentation should also be provided with the tender:

1 - Management Structure including organogram 2 - Human Resource Plan 3 - Letter of Good Standing from the Compensation Commissioner or licensed compensation insurer 4 - COID Insurance

Declaration

I/we …………………………..………………………declare that the above information provided is correct.

Signed:

…………………………………..

Date:

………………………………………………

Name:

…………………………………..

Position:

………………………………………………

Tenderer:

……………………………………………………………………………………………………….


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Compulsory Enterprise Questionnaire

The following particulars must be furnished. In the case of a joint venture, separate enterprise questionnaires in respect of each partner must be completed and submitted.

Section 1: Name of enterprise ..............................................................................................................

Section 2: VAT registration number, if any .........................................................................................

Section 3: CIDB registration number, if any: .....................................................................................

Section 4: Particulars of sole proprietors and partners in partnerships

Name* ........................................................................................................................................................ Identity number* ...................................................................................................................................... Personal income tax number* ................................................................................................................ * Complete only if sole proprietor or partnership and attach separate page if more than 3 partners

Section 5: Particulars of companies and close corporations

Company registration number .................................................................................................................. Close corporation number ........................................................................................................................ Tax reference number ..............................................................................................................................

Section 6: Record of service of the state

Indicate by marking the relevant boxes with a cross, if any sole proprietor, partner in a partnership or director, manager, principal shareholder or stakeholder in a company or close corporation is currently or has been within the last 12 months in the service of any of the following:

a member of any municipal council

a member of any provincial legislature

a member of the National Assembly or the National Council of Province

a member of the board of directors of any municipal entity

an official of any municipality or municipal entity

an employee of any provincial department, national or provincial public entity or constitutional institution within the meaning of the Public Finance Management Act, 1999 (Act 1 of 1999)

a member of an accounting authority of any national or provincial public entity

an employee of Parliament or a provincial legislature

If any of the above boxes are marked, disclose the following:

Name of sole proprietor, partner, director, manager, principal shareholder or stakeholder

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

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

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

Name of institution, public office, board or organ of state and position held

Status of service: Current Within last 12 months

(tick appropriate column)

*insert separate page if necessary

Section 7: Record of spouses, children and parents in the service of the state

Indicate by marking the relevant boxes with a cross, if any spouse, child or parent of a sole proprietor, partner in a partnership or director, manager, principal shareholder or stakeholder in a company or close corporation is currently or has been within the last 12 months been in the service of any of the following:


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a member of any municipal council

a member of any provincial legislature

a member of the National Assembly or the National Council of Province

a member of the board of directors of any municipal entity

an official of any municipality or municipal entity

an employee of any provincial department, national or provincial public entity or constitutional institution within the meaning of the Public Finance Management Act, 1999 (Act 1 of 1999)

a member of an accounting authority of any national or provincial public entity

an employee of Parliament or a provincial legislature

If any of the above boxes are marked, disclose the following:

Name of spouse, child or parent

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

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

Name of institution, public office, board or organ of state and position held

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

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

Status of service: Current Within last 12 months

(tick appropriate column)

*insert separate page if necessary

The undersigned, who warrants that he/she is duly authorised to do so on behalf of the enterprise:

1 authorizes the Employer to obtain a tax clearance certificate from the South African Revenue Services that my / our tax matters are in order;

(ii) confirms that the neither the name of the enterprise or the name of any partner, manager, director or other person, who wholly or partly exercises, or may exercise, control over the enterprise appears on the Register of Tender Defaulters established in terms of the Prevention and Combating of Corrupt Activities Act of 2004;

2 confirms that no partner, member, director or other person, who wholly or partly exercises, or may exercise, control over the enterprise appears, has within the last five years been convicted of fraud or corruption;

3 confirms that I/we are not associated, linked or involved with any other tendering entities submitting tender offers and have no other relationship with any of the tenderers or those responsible for compiling the scope of work that could cause or be interpreted as a conflict of interest;

(iv) confirms that the contents of this questionnaire are within my personal knowledge and are to the best of my belief both true and correct.

Signed

Date

Name

Position

Tenderer


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Preferencing schedule: Broad-Based Black Economic

Empowerment status

Preamble

Section 10(b) of the Broad-Based Black Economic Empowerment Act of 2003 (Act No. 53 of 2003) states that “Every

organ of state and public entity must take into account and, as far as is reasonably possible, apply any relevant code

of good practice issued in terms of this Act in developing and implementing a preferential procurement policy.”

A number of codes of good practice have been issued in terms of Section 9(1) of the B-BBEE Act of 2003, including a

generic code of good practice and various sector codes. The sector codes vary the metrics, weightings and targets

used in the generic code of good practice to establish the overall performance of an entity and its B-BBEE status. The

B-BBEE status needs to be assessed in accordance with the applicable code.

1 Conditions associated with the granting of preferences

Tenderers who claim a preference shall provide proof of B-BBEE status level of contributor in accordance with the

requirements of section 2 in respect of the applicable code as at the closing time for submissions, failing which their

claims for preferences will be rejected.

2 Proof of B-BBEE status level of contributor

Proof of B-BBEE status level of contributor shall be by means of

• the B-BBEE status level certificate issued by an authorised body or person;

• a sworn affidavit as prescribed by the B-BBEE Codes of Good Practice; or

• any other requirement prescribed in terms of the Broad-Based Black Economic Empowerment Act

3 Tender preferences claimed

The scoring shall be as follows:

B-BBEE status level of contributor Number of preference points


system


system

Form not completed or no-complaint contributor 0 0

Level 8 contributor 1 2








4 Declaration

The tenderer declares that

a) the tendering entity is a level contributor as stated in the submitted proof of B-BBEE status level of contributor

as at the closing date for submissions

b) the tendering entity has been measured in terms of the following code (tick applicable box):


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□ Generic code of good practice

□ Construction sector code

□ Other – specify

.....................................…………………………………………………………………………………………………………………………

.....................................…………………………………………………………………………………………………………………………

c) the contents of the declarations made in terms of a) and b) above are within my personal knowledge and are

to the best of my belief both true and correct

The undersigned, who warrants that he/she is duly authorised to do so on behalf of the tenderer, confirms that he/she

understands the conditions under which such preferences are granted and confirms that the tenderer satisfies the

conditions pertaining to the granting of tender preferences.

Signature: ...............................................................................................................................………….

Name: .......................................................................................................................................……...…

Duly authorised to sign on behalf of: ............................................................................................……..

Telephone: ............................................................

Fax: ....................................................................... Date: ...................................................................

Name of witness: ....................................................... Signature of witness: .....................................................................

Note: Failure to complete the declaration will lead to the rejection of a claim for a preference.


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Declaration of Interest (SBD 4) 1 - Any legal person, including persons employed by the state*, or persons having a kinship with persons employed by the state, including a blood relationship, may make an offer or offers in terms of this invitation to bid (includes a price quotation, advertised competitive bid, limited bid or proposal). In view of possible allegations of favouritism, should the resulting bid, or part thereof, be awarded to persons employed by the state, or to persons connected with or related to them, it is required that the bidder or his/her authorised representative declare his/her position in relation to the evaluating/adjudicating authority and/or take an oath declaring his/her interest, where-

- the bidder is employed by the state; and/or

- the legal person on whose behalf the bidding document is signed, has a relationship with persons/a

person who are/is involved in the evaluation and or adjudication of the bid(s), or where it is known that

such a relationship exists between the person or persons for or on whose behalf the declarant acts and

persons who are involved with the evaluation and or adjudication of the bid.

2 - In order to give effect to the above, the following questionnaire must be completed and submitted with the bid.

2.1 Full Name of bidder or his or her representative: ………………………………………….

2.2 Identity Number: …………………………………………………………………………………

2.3 Position occupied in the Company (director, trustee, shareholder2, member, etc): ………………….……

2.4 Company Registration Number: ………………………………………………………..…….

2.5 Tax Reference Number: ………………………………………………………………….………

2.6 VAT Registration Number: ………………………………………………………………....

2.6.1 The names of all directors / trustees / shareholders / members, their individual identity numbers, tax reference numbers and, if applicable, employee / PERSAL numbers must be indicated in paragraph 3 below.

* “State” means –

(a) any national or provincial department, national or provincial public entity or constitutional

institution within the meaning of the Public Finance Management Act, 1999 (Act No. 1 of 1999);

(b) any municipality or municipal entity;

(c) provincial legislature;

(d) national Assembly or the national Council of provinces; or

(e) Parliament

4 ”Shareholder” means a person who owns shares in the company and is actively involved in the management of the enterprise or business and exercises control over the enterprise.

2.7 Are you or any person connected with the bidder YES / NO


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presently employed by the state?

2.7.1 If so, furnish the following particulars:

Name of person / director / shareholder/ member: ……….……....……………….

Name of state institution to which you or the person

connected to the bidder is employed: …………………………………………………

Position occupied in the state institution: …………………..

Any other particulars:

…………………………………………………………

…………………………………………………………

…………………………………………………………

2.7.2 If you are presently employed by the state, did you obtain YES/NO the appropriate authority to undertake remunerative

work outside employment in the public sector?

2.7.2.1 If yes, did you attach proof of such authority to the bid YES/NO

document?

Note : Failure to submit proof of such authority, where

applicable, may result in the disqualification of the bid

2.7.2.2 If no, furnish reasons for non-submission of such proof

…………………………………………………………………………………………………………

……………………………………………………………………………………………………………

2.8 Did you or your spouse, or any of the company’s directors / YES / NO

shareholders / members or their spouses conduct business with

the state in the previous twelve months?

2.8.1 If so, furnish particulars:

……………………………………………………………

………………………………………………………………

………………………………………………………………

2.9 Do you, or any person connected with the bidder, have any YES / NO

relationship (family, friend, other) with a person employed

by the state and who may be involved with the evaluation and or adjudication of this bid?

2.9.1 If so, furnish particulars.

…………………………………………………………………

…………………………………………………………………


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………………………………………………………………….

2.10 Are you, or any person connected with the bidder, aware of YES / NO

any relationship (family, friend, other) between the bidder and

any person employed by the state who may be involved

with the evaluation and or adjudication of this bid?


…………………………………………………………………

…………………………………………………………………

………………………………………………………………

2.11 Do you or any of the directors / trustees / shareholders / YES / NO

members of the company have any interest in any other

related companies whether or not they are bidding for

this contract?


…………………………………………………………………

…………………………………………………………………

………………………………………………..………………

3 Full details of directors / trustees / members / shareholders

Full name Identity Number Personal Income Tax Reference Number

State Employee Number / PERSAL number

DECLARATION

I, THE UNDERSIGNED (NAME)………………………………………………………………………

CERTIFY THAT THE INFORMATION FURNISHED IN PARAGRAPHS 2 AND 3 ABOVE IS CORRECT.


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I ACCEPT THAT THE STATE MAY ACT AGAINST ME SHOULD THIS DECLARATION PROVE TO BE

FALSE.


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Preference Points Claim Form in terms of the Preferential

Procurement Regulations 2017 (SBD 6.1) SBD 6.1

PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT

REGULATIONS 2017

This preference form must form part of all bids invited. It contains general information and serves as a claim form for preference points for Broad-Based Black Economic Empowerment (B-BBEE) Status Level of Contribution NB: BEFORE COMPLETING THIS FORM, BIDDERS MUST STUDY THE GENERAL

CONDITIONS, DEFINITIONS AND DIRECTIVES APPLICABLE IN RESPECT OF B-BBEE, AS PRESCRIBED IN THE PREFERENTIAL PROCUREMENT REGULATIONS, 2017.

1. GENERAL CONDITIONS

1.1 The following preference point systems are applicable to all bids:

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

- the 90/10 system for requirements with a Rand value above R50 000 000 (all applicable taxes included).

1.2

a) The value of this bid is estimated to exceed R50 000 000 (all applicable taxes included) and therefore the 90/10 preference point system shall be applicable.

1.3 Points for this bid shall be awarded for:

(a) Price; and

(b) B-BBEE Status Level of Contributor.

1.4 The maximum points for this bid are allocated as follows:

POINTS

PRICE 90

B-BBEE STATUS LEVEL OF CONTRIBUTOR 10

Total points for Price and B-BBEE must not exceed

100

1.5 Failure on the part of a bidder to submit proof of B-BBEE Status level of contributor together with the bid, will be interpreted to mean that preference points for B-BBEE status level of contribution are not claimed.

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


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2. DEFINITIONS

(a) “B-BBEE” means broad-based black economic empowerment as defined in section 1 of the Broad-Based Black Economic Empowerment Act;

(b) “B-BBEE status level of contributor” means the B-BBEE status of an entity in terms of a code of good practice on black economic empowerment, issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act;

(c) “bid” means a written offer in a prescribed or stipulated form in response to an invitation by an organ of state for the provision of goods or services, through price quotations, advertised competitive bidding processes or proposals;

(d) “Broad-Based Black Economic Empowerment Act” means the Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003);

(e) “EME” means an Exempted Micro Enterprise in terms of a code of good practice on black economic empowerment issued in terms of section 9 (1) of the Broad-Based Black Economic Empowerment Act;

(f) “functionality” means the ability of a tenderer to provide goods or services in accordance with specifications as set out in the tender documents.

(g) “prices” includes all applicable taxes less all unconditional discounts;

(h) “proof of B-BBEE status level of contributor” means:

1) B-BBEE Status level certificate issued by an authorized body or person;

2) A sworn affidavit as prescribed by the B-BBEE Codes of Good Practice;

3) Any other requirement prescribed in terms of the B-BBEE Act;

(i) “QSE” means a qualifying small business enterprise in terms of a code of good practice on black economic empowerment issued in terms of section 9 (1) of the Broad-Based Black Economic Empowerment Act;

(j) “rand value” means the total estimated value of a contract in Rand, calculated at the time of bid invitation, and includes all applicable taxes;

3. POINTS AWARDED FOR PRICE

3.1 THE 80/20 OR 90/10 PREFERENCE POINT SYSTEMS

A maximum of 90 points is allocated for price on the following basis: NFO = W1 × A Where: NFO is the number of tender evaluation points awarded for the financial offer; W1 = 90 A = Pm/P


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Where: Pm is the comparative offer of the most favourable comparative offer and P is the comparative offer of the tender offer under consideration. 4. POINTS AWARDED FOR B-BBEE STATUS LEVEL OF CONTRIBUTOR

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

B-BBEE Status Level of Contributor

Number of points

(90/10 system)

Number of points

(80/20 system)

1 10 20

2 9 18

3 6 14

4 5 12

5 4 8

6 3 6

7 2 4

8 1 2

Non-compliant contributor

0 0

5. BID DECLARATION

5.1 Bidders who claim points in respect of B-BBEE Status Level of Contribution must complete the following:

6. B-BBEE STATUS LEVEL OF CONTRIBUTOR CLAIMED IN TERMS OF PARAGRAPHS 1.4 AND 4.1

6.1 B-BBEE Status Level of Contributor: . = ………(maximum of 10 or 20 points)

(Points claimed in respect of paragraph 7.1 must be in accordance with the table reflected in paragraph 4.1 and must be substantiated by relevant proof of B-BBEE status level of contributor.

7. SUB-CONTRACTING

7.1 Will any portion of the contract be sub-contracted?

(Tick applicable box)

YES NO

7.1.1 If yes, indicate:

i) What percentage of the contract will be subcontracted............…………….…………% ii) The name of the sub-contractor………………………………………………………….. iii) The B-BBEE status level of the sub-contractor......................................……………..


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iv) Whether the sub-contractor is an EME or QSE (Tick applicable box)

YES NO

v) Specify, by ticking the appropriate box, if subcontracting with an enterprise in terms of Preferential Procurement Regulations,2017:

Designated Group: An EME or QSE which is at last 51% owned by:

EME

√

QSE

√

Black people

Black people who are youth

Black people who are women

Black people with disabilities

Black people living in rural or underdeveloped areas or townships

Cooperative owned by black people

Black people who are military veterans

OR

Any EME

Any QSE

8. DECLARATION WITH REGARD TO COMPANY/FIRM

8.1 Name of company/firm:…………………………………………………………………………….

8.2 VAT registration number:……………………………………….…………………………………

8.3 Company registration number:…………….……………………….…………………………….

8.4 TYPE OF COMPANY/ FIRM

Partnership/Joint Venture / Consortium

One person business/sole propriety

Close corporation

Company

(Pty) Limited [TICK APPLICABLE BOX]

8.5 DESCRIBE PRINCIPAL BUSINESS ACTIVITIES

………………………………………………………………………………………………………

………………………………………………………………………………………………………

………………………………………………………………………………………………………

…………………………………………………………………………………………………..

8.6 COMPANY CLASSIFICATION

Manufacturer


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Supplier

Professional service provider

Other service providers, e.g. transporter, etc. [TICK APPLICABLE BOX]

8.7 Total number of years the company/firm has been in business:……………………………

8.8 I/we, the undersigned, who is / are duly authorised to do so on behalf of the company/firm,

certify that the points claimed, based on the B-BBE status level of contributor indicated in

paragraphs 1.4 and 6.1 of the foregoing certificate, qualifies the company/ firm for the

preference(s) shown and I / we acknowledge that:

i) The information furnished is true and correct;

ii) The preference points claimed are in accordance with the General Conditions as indicated in paragraph 1 of this form;

iii) In the event of a contract being awarded as a result of points claimed as shown in paragraphs 1.4 and 6.1, the contractor may be required to furnish documentary proof to the satisfaction of the purchaser that the claims are correct;

iv) If the B-BBEE status level of contributor has been claimed or obtained on a fraudulent basis or any of the conditions of contract have not been fulfilled, the purchaser may, in addition to any other remedy it may have –

(a) disqualify the person from the bidding process;

(b) recover costs, losses or damages it has incurred or suffered as a result of that person’s conduct;

(c) cancel the contract and claim any damages which it has suffered as a result of having to make less favourable arrangements due to such cancellation;

(d) recommend that the bidder or contractor, its shareholders and directors, or only the shareholders and directors who acted on a fraudulent basis, be restricted by the National Treasury from obtaining business from any organ of state for a period not exceeding 10 years, after the audi alteram partem (hear the other side) rule has been applied; and

(e) forward the matter for criminal prosecution.

………………………………………. SIGNATURE(S) OF BIDDERS(S)

DATE: …………………………………..

ADDRESS …………………………………..

…………………………………..

…………………………………..

WITNESSES 1. ……………………………………..

2. …………………………………….


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Declaration certificate for local production and content for

designated sector (SBD 6.2)

This Standard Bidding Document (SBD) must form part of all bids invited. It contains general information and serves as a declaration form for local content (local production and local content are used interchangeably).

Before completing this declaration, bidders must study the General Conditions, Definitions, Directives applicable in respect of Local Content as prescribed in the Preferential Procurement Regulations, 2011, the South African Bureau of Standards (SABS) approved technical specification number SATS 1286:2011 (Edition 1) and the Guidance on the Calculation of Local Content together with the Local Content Declaration Templates [Annex C (Local Content Declaration: Summary Schedule), D (Imported Content Declaration: Supporting Schedule to Annex C) and E (Local Content Declaration: Supporting Schedule to Annex C)].

1. General Conditions

1.1. Preferential Procurement Regulations, 2011 (Regulation 9) makes provision for the promotion

of local production and content.

1.2. Regulation 9.(1) prescribes that in the case of designated sectors, where in the award of bids local production and content is of critical importance, such bids must be advertised with the specific bidding condition that only locally produced goods, services or works or locally manufactured goods, with a stipulated minimum threshold for local production and content will be considered.

1.3. Where necessary, for bids referred to in paragraph 1.2 above, a two-stage bidding process may be followed, where the first stage involves a minimum threshold for local production and content and the second stage price and B-BBEE.

1.4. A person awarded a contract in relation to a designated sector, may not sub-contract in such a manner that the local production and content of the overall value of the contract is reduced to below the stipulated minimum threshold.

1.5. The local content (LC) expressed as a percentage of the bid price must be calculated in accordance with the SABS approved technical specification number SATS 1286: 2011 as follows:

LC = [1 – x / y] * 100 Where

x is the imported content in Rand y is the bid bid price in Rand excluding value added tax (VAT)

Prices referred to in the determination of x must be converted to Rand (ZAR) by using the exchange rate published by South African Reserve Bank (SARB) at 12:00 on the date of advertisement of the bid as indicated in paragraph 4.1 below.


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The SABS approved technical specification number SATS 1286:2011 is accessible on http:/www.thedti.gov.za/industrial development/ip.jsp at no cost.

1.6 A bid may be disqualified if – (a) this Declaration Certificate and the Annex C (Local Content Declaration: Summary

Schedule) are not submitted as part of the bid documentation; and

(b) the bidder fails to declare that the Local Content Declaration Templates (Annex C, D and E) have been audited and certified as correct.

2. Definitions

2.1. “bid” includes written price quotations, advertised competitive bids or proposals;

2.2. “bid price” price offered by the bidder, excluding value added tax (VAT);

2.3. “contract” means the agreement that results from the acceptance of a bid by an organ of

state;

2.4. “designated sector” means a sector, sub-sector or industry that has been designated by the

Department of Trade and Industry in line with national development and industrial policies for local production, where only locally produced services, works or goods or locally manufactured goods meet the stipulated minimum threshold for local production and content;

2.5. “duly sign” means a Declaration Certificate for Local Content that has been signed by the Chief Financial Officer or other legally responsible person nominated in writing by the Chief Executive, or senior member / person with management responsibility(close corporation, partnership or individual).

2.6. “imported content” means that portion of the bid price represented by the cost of components, parts or materials which have been or are still to be imported (whether by the supplier or its subcontractors) and which costs are inclusive of the costs abroad (this includes labour or intellectual property costs), plus freight and other direct importation costs, such as landing costs, dock duties, import duty, sales duty or other similar tax or duty at the South African port of entry;

2.7. “local content” means that portion of the bid price which is not included in the imported content, provided that local manufacture does take place;

2.8. “stipulated minimum threshold” means that portion of local production and content as determined by the Department of Trade and Industry; and


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2.9. “sub-contract” means the primary contractor’s assigning, leasing, making out work to, or employing another person to support such primary contractor in the execution of part of a project in terms of the contract.

3. The stipulated minimum threshold(s) for local production and content (refer to Annex A of SATS 1286:2011) for this bid is/are as follows:

(See Annexure C5.8 National Treasury – Designated Sectors – Instructions)

Description of services, works or goods Stipulated minimum threshold

_______________________________ _______%

_______________________________ _______% _______________________________ _______%

5 Does any portion of the services, works or goods offered have any imported content?


YES NO

4.1 If yes, the rate(s) of exchange to be used in this bid to calculate the local content as

prescribed in paragraph 1.5 of the general conditions must be the rate(s) published by SARB for the specific currency at 12:00 on the date of advertisement of the bid.

The relevant rates of exchange information is accessible on www.reservebank.co.za. Indicate the rate(s) of exchange against the appropriate currency in the table below (refer to Annex A of SATS 1286:2011):

Currency Rates of exchange

US Dollar

Pound Sterling

Euro

Yen

Other

NB: Bidders must submit proof of the SARB rate (s) of exchange used.

6 Were the Local Content Declaration Templates (Annex C, D and E) audited and certified as correct?


YES NO

5.1. If yes, provide the following particulars:

(a) Full name of auditor: ……………………………………………………… (b) Practice number: ……………………………………………………………………….. (c) Telephone and cell number: ………………………………………………………………. (d) Email address: ………………………………………………………………………..

http://www.reservebank.co.za/


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(Documentary proof regarding the declaration will, when required, be submitted to the satisfaction of the Accounting Officer / Accounting Authority)

7 Where, after the award of a bid, challenges are experienced in meeting the stipulated minimum threshold for local content the dti must be informed accordingly in order for the dti to verify and in consultation with the AO/AA provide directives in this regard.

LOCAL CONTENT DECLARATION

(REFER TO ANNEX B OF SATS 1286:2011)

LOCAL CONTENT DECLARATION BY CHIEF FINANCIAL OFFICER OR OTHER LEGALLY RESPONSIBLE PERSON NOMINATED IN WRITING BY THE CHIEF EXECUTIVE OR SENIOR MEMBER/PERSON WITH MANAGEMENT RESPONSIBILITY (CLOSE CORPORATION, PARTNERSHIP OR INDIVIDUAL)

IN RESPECT OF BID NO. ................................................................................. ISSUED BY: (Procurement Authority / Name of Institution): ......................................................................................................................... NB

8 The obligation to complete, duly sign and submit this declaration cannot be transferred to an external authorized representative, auditor or any other third party acting on behalf of the bidder.

9 Guidance on the Calculation of Local Content together with Local Content Declaration Templates (Annex C, D and E) is accessible on http://www.thdti.gov.za/industrial_development/ip.jsp. Bidders should first complete Declaration D. After completing Declaration D, bidders should complete Declaration E and then consolidate the information on Declaration C. Declaration C should be submitted with the bid documentation at the closing date and time of the bid in order to substantiate the declaration made in paragraph I below. Declarations D and E should be kept by the bidders for verification purposes for a period of at least 5 years. The successful bidder is required to continuously update Declarations C, D and E with the actual values for the duration of the contract.

I, the undersigned, …………………………….................................................... (full names), do hereby declare, in my capacity as ……………………………………… ……….. of ...............................................................................................................(name of bidder entity), the following:

10 The facts contained herein are within my own personal knowledge.

11 I have satisfied myself that:

(i) the goods/services/works to be delivered in terms of the above-specified bid comply with the minimum local content requirements as specified in the bid, and as measured in terms of SATS 1286:2011; and

(ii) the declaration templates have been audited and certified to be correct.

12 IThe local content percentage (%) indicated below has been calculated using the formula given in clause 3 of SATS 1286:2011, the rates of exchange indicated in

http://www.thdti.gov.za/industrial_development/ip.jsp


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paragraph 4.1 above and the information contained in Declaration D and E which has been consolidated in Declaration C:

Bid price, excluding VAT (y) R

Imported content (x), as calculated in terms of SATS 1286:2011 R

Stipulated minimum threshold for local content (paragraph 3 above)

Local content %, as calculated in terms of SATS 1286:2011

If the bid is for more than one product, the local content percentages for each product contained in Declaration C shall be used instead of the table above. The local content percentages for each product has been calculated using the formula given in clause 3 of SATS 1286:2011, the rates of exchange indicated in paragraph 4.1 above and the information contained in Declaration D and E.

13 I accept that the Procurement Authority / Institution has the right to request that the local content be verified in terms of the requirements of SATS 1286:2011.

14 II understand that the awarding of the bid is dependent on the accuracy of the information furnished in this application. I also understand that the submission of incorrect data, or data that are not verifiable as described in SATS 1286:2011, may result in the Procurement Authority / Institution imposing any or all of the remedies as provided for in Regulation 13 of the Preferential Procurement Regulations, 2011 promulgated under the Preferential Policy Framework Act (PPPFA), 2000 (Act No. 5 of 2000).

SIGNATURE: DATE: ___________ WITNESS No. 1 DATE: ___________ WITNESS No. 2 DATE: ___________


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Declaration of Tenderer’s Past Supply Chain Management

Practises (SBD 8)

15 This Standard Bidding Document must form part of all bids invited.

16 It serves as a declaration to be used by institutions in ensuring that when goods and services are being procured, all reasonable steps are taken to combat the abuse of the supply chain management system.

17 The bid of any bidder may be disregarded if that bidder, or any of its directors have-

a. abused the institution’s supply chain management system; b. committed fraud or any other improper conduct in relation to such system; or c. failed to perform on any previous contract.

18 In order to give effect to the above, the following questionnaire must be completed and submitted with the bid.

Item Question Yes No

4.1 Is the bidder or any of its directors listed on the National Treasury’s Database of Restricted Suppliers as companies or persons prohibited from doing business with the public sector?

(Companies or persons who are listed on this Database were informed in writing of this restriction by the Accounting Officer/Authority of the institution that imposed the restriction after the audi alteram partem rule was applied).

The Database of Restricted Suppliers now resides on the National Treasury’s website(www.treasury.gov.za) and can be accessed by clicking on its link at the bottom of the home page.

Yes No


4.2 Is the bidder or any of its directors listed on the Register for Tender Defaulters in terms of section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004)?

The Register for Tender Defaulters can be accessed on the National Treasury’s website (www.treasury.gov.za) by clicking on its link at the bottom of the home page.

Yes No


4.3 Was the bidder or any of its directors convicted by a court of law (including a court outside of the Republic of South Africa) for fraud or corruption during the past five years?

Yes No


4.4 Was any contract between the bidder and any organ of state terminated during the past five years on account of failure to perform on or comply with the contract?

Yes No


http://www.treasury.gov.za/

http://www.treasury.gov.za/


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SBD 8 CERTIFICATION

I, THE UNDERSIGNED (FULL NAME)………………………………………………… CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM IS TRUE AND CORRECT.

I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT, ACTION MAY BE TAKEN AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE.


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Certificate of Independent Bid Determination (SBD 9)

1 This Standard Bidding Document (SBD) must form part of all bids¹ invited.

2 Section 4 (1) (b) (iii) of the Competition Act No. 89 of 1998, as amended, prohibits an agreement

between, or concerted practice by, firms, or a decision by an association of firms, if it is between

parties in a horizontal relationship and if it involves collusive bidding (or bid rigging).² Collusive

bidding is a pe se prohibition meaning that it cannot be justified under any grounds.

3 Treasury Regulation 16A9 prescribes that accounting officers and accounting authorities must take all reasonable steps to prevent abuse of the supply chain management system and authorizes accounting officers and accounting authorities to:

19 disregard the bid of any bidder if that bidder, or any of its directors have abused the institution’s supply chain management system and or committed fraud or any other improper conduct in relation to such system.

b. cancel a contract awarded to a supplier of goods and services if the supplier committed any

corrupt or fraudulent act during the bidding process or the execution of that contract.

4 This SBD serves as a certificate of declaration that would be used by institutions to ensure that, when

bids are considered, reasonable steps are taken to prevent any form of bid-rigging.

5 In order to give effect to the above, the attached Certificate of Bid Determination (SBD 9) must be

completed and submitted with the bid:

¹ Includes price quotations, advertised competitive bids, limited bids and proposals.

² Bid rigging (or collusive bidding) occurs when businesses, that would otherwise be expected to compete, secretly conspire to

raise prices or lower the quality of goods and / or services for purchasers who wish to acquire goods and / or services through

a bidding process. Bid rigging is, therefore, an agreement between competitors not to compete.

I, the undersigned, in submitting the accompanying bid:

(Bid Number and Description)

in response to the invitation for the bid made by:

(Name of Institution)

do hereby make the following statements that I certify to be true and complete in every respect:

I certify, on behalf of:_______________________________________________________that:

(Name of Bidder)

1. I have read and I understand the contents of this Certificate;


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2. I understand that the accompanying bid will be disqualified if this Certificate is found not to be true and

complete in every respect;

3. I am authorized by the bidder to sign this Certificate, and to submit the accompanying bid, on behalf

of the bidder;

4. Each person whose signature appears on the accompanying bid has been authorized by the bidder to

determine the terms of, and to sign the bid, on behalf of the bidder;

5. For the purposes of this Certificate and the accompanying bid, I understand that the word “competitor”

shall include any individual or organization, other than the bidder, whether or not affiliated with the

bidder, who:

(a) has been requested to submit a bid in response to this bid invitation;

(b) could potentially submit a bid in response to this bid invitation, based on their

qualifications, abilities or experience; and

I provides the same goods and services as the bidder and/or is in the same line of

business as the bidder

6. The bidder has arrived at the accompanying bid independently from, and without consultation,

communication, agreement or arrangement with any competitor. However communication between

partners in a joint venture or consortium³ will not be construed as collusive bidding.

7. In particular, without limiting the generality of paragraphs 6 above, there has been no consultation,

communication, agreement or arrangement with any competitor regarding:

(a) prices;

(b) geographical area where product or service will be rendered (market allocation)

I methods, factors or formulas used to calculate prices;

(d) the intention or decision to submit or not to submit, a bid;

I the submission of a bid which does not meet the specifications and conditions of the

bid; or

(f) bidding with the intention not to win the bid.

8. In addition, there have been no consultations, communications, agreements or arrangements with any

competitor regarding the quality, quantity, specifications and conditions or delivery particulars of the

products or services to which this bid invitation relates.

9. The terms of the accompanying bid have not been, and will not be, disclosed by the bidder, directly or

indirectly, to any competitor, prior to the date and time of the official bid opening or of the awarding of

the contract.

10. I am aware that, in addition and without prejudice to any other remedy provided to combat any

restrictive practices related to bids and contracts, bids that are suspicious will be reported to the

Competition Commission for investigation and possible imposition of administrative penalties in terms

of section 59 of the Competition Act No 89 of 1998 and or may be reported to the National Prosecuting

Authority (NPA) for criminal investigation and or may be restricted from conducting business with the

public sector for a period not exceeding ten (10) years in terms of the Prevention and Combating of

Corrupt Activities Act No 12 of 2004 or any other applicable legislation.


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³ Joint venture or Consortium means an association of persons for the purpose of combining their expertise, property, capital, efforts, skill and knowledge in an activity for the execution of a contract.

………………………………………………… …………………………………

Signature Date

…………………………………………………. …………………………………

Position Name of Bidder

Js914w 2


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Proof of CIDB Registration Attach here


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Transformation Proposal ACSA Contract Participation Goals

TRANSFORMATION FRAMEWORK & SPECIFICATION FORM Airports Company South Africa aims to contract predominantly with Empowering Suppliers per the definition in P010 004P (ACSA internal transformation policy) were this relates to:

• an increase in local production,

• raw material beneficiation

• retention and employment of black people

• the transfer of skills to black owned EME’s and QSE’s.

1. Contract Participation Goals (CPG)

CPG refers to the extent to which the contracted resources achieve predetermined transformation objectives, expressed as a percentage (%) of the contract value. Bidders are expected to achieve this target by the end of the project.

2. Bidders are to submit a transformation proposal meeting the CPG target for all contracts over R1m

including VAT.

3. CPG for this contract will be at 51% which will consist of the following B-BBEE elements:

3.1. Equity (Target 51%): 40% weighting.

3.2. Management (Target 51%): 10% weighting

3.3. Enterprise and supplier development: 30% weighting

3.4. Localization: 20% weighting

Refer to C3.7.3. (9) which provides for a calculation table used to calculate the CPG score in Three (3)

above.

4. To facilitate achievement of targets set out in 3, and transfer of skills, the tenderer must subcontract to Black Owned vendors at minimum 30% of which 15% (half of 30%) must be BWO, YO or PWPDO.

- The contractor is to utilize the CIDB NCDP program and BO NCDP vendors on this project who are

at any CIDB grade 2 to 6 (small enterprises) and 7 and 8 (medium enterprises) to achieve this requirement.

- The successful bidder can also use other non CIDB BO small and medium enterprise vendors but at an increased threshold of 40%.

5. Localization 5.1. Local content (national) at 70% minimum

5.2. Local content refers to the services, supplies and/or works necessary for the performance of this contract

5.3. Local enterprise participation within the 70% target

6. Targeted local enterprises 5% CPG non mandatory

6.1. Contract participation goal for targeted enterprises : 5 %


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6.2. Targeted local enterprises are those located within the targeted area defined by the project for the provision of supplies, services or works necessary for the performance of the contract.

6.3. The prime contractor should engage the targeted enterprise directly or indirectly

6.4. This score is part of the Section D score but is non mandatory.

6.5. The value of the engagements expressed as % of the contract value should meet the stated CPG

7. Training: 0,25% CPG (CSDG)

7.1. Training as part of the CIDB standard: including members of the targeted area (define this area) to be formally trained in main project trades comprising amongst others the following:

7.1.1. Equipment Operators

7.1.2. Safety

7.1.3. All built environment disciplines categories

7.1.4. Full compliance with CIDB standard for skills development.

8. In the event that the Contractor/consultant fails to substantiate that any failure to achieve the contract

participation goal relating to the granting of a preference was due to quantitative underruns, the elimination of items, or any other reason beyond the Contractor’s control which may be acceptable to the Employer, the Contractor/Consultant shall be liable to pay to the Employer a financial penalty calculated in the following manner:

P = (0,15 x (D – Do) x CA)/100

- where D is the tendered contract participation goal percentage; - Do is the contract participation goal which the Employer’s representative, certifies based on the

credits passed, as being achieved upon completion of the contract; - CA is the contract amount. - P is the monetary value of penalty payable

No financial award is due for over performance on CPG. In addition to acknowledging the below, Tenderers must submit a proposal indicating how the targets stated above will be achieved.

9. Acceptance: I/We ________________________________________________________ acknowledge that I/we have read and understood the contents of this section and we will further achieve the Contract Participation Targets stated above by the end of this project.


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Signed:

…………………………………..

Date:

………………………………………………

Name:

…………………………………..

Position:

………………………………………………

Tenderer:

……………………………………………………………………………………………………….


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Schedule 1: Experience of key person (lead designer) The experience of the key person who will be responsible for leading the design (i.e. the person under whose active and personal direction, control and supervision the design of the works will be undertaken) will be evaluated.

Name of Candidate:

Date of Birth yymmdd:

Years Relevant Experience:

Client Details Project Type / Contract

Number Experience Experience

Project Value Position Held

Client Reference

Started Ended (R Million) Name Number

A CV of the key person of not more than 3 pages needs to be attached to this schedule. Each CV should be structured under the following headings: 1 Personal particulars

- name - date and place of birth - place (s) of tertiary education and dates associated therewith - professional awards

2 Qualifications (degrees, diplomas, grades of membership of professional societies and professional registrations) (Attach copies of each)

3 Name of current employer and position in enterprise 4 Overview of work experience (year, organization and position) 5 Outline of recent assignments / experience that has a bearing on the scope of work The scoring of the experience of key person (lead designer) staff will be as follows:

(1) Proof of working experience

(a) 5 projects or more [5 points]

(b) 4 projects [3 points]

(c) 0-3 projects [0 points]

(2) Proof that Lead Designer has pavement design experience relevant to the works

(a) 10 years or more [5 points]

(b) 5 to 10 years [3 points]

(c) less than 5 years [0 points]

(3) Proof that Lead Designer has experience in Projects of specific value, VAT included

(a) Greater than R100 million [10 points]

(b) Greater than R50 million but less than R100 million [6 points]

(c) Greater than R25 million but less than R50 million [3 points]

(d) Less than R25 million [0 points]

The undersigned, who warrants that he / she is duly authorised to do so on behalf of the enterprise, confirms that the contents of this schedule are within my personal knowledge and are to the best of my belief both true and correct.


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Signed Date

Name Position

Tenderer

Schedule 2: Experience of key person (construction manager) The experience of the key person who will be responsible for the management of the physical construction processes and the coordination, administration and management of resources on the Site will be evaluated in relation to the scope of work.

Name of Candidate:

Date of Birth yymmdd:

Years Relevant Experience:

Client Details Project Type / Contract

Number Experience Experience

Project Value Position Held

Client Reference

Started Ended (R Million) Name Number

A CV of the key person of not more than 3 pages needs to be attached to this schedule. Each CV should be structured under the following headings: 1 Personal particulars

- name - date and place of birth - place (s) of tertiary education and dates associated therewith - professional awards

2 Qualifications (degrees, diplomas, grades of membership of professional societies and professional registrations) (Attach copies of each)

3 Name of current employer and position in enterprise 4 Overview of work experience (year, organization and position) 5 Outline of recent assignments / experience that has a bearing on the scope of work The scoring of the experience of key person (construction manager) staff will be as follows:

(1) Proof of working experience

(a) 5 projects or more [5 points]

(b) 4 projects [3 points]

(c) 0-3 projects [0 points]

(2) Proof that construction manager has experience relevant to the works

(a) 10 years or more [5 points]


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(b) 5 to 10 years [3 points]

(c) less than 5 years [0 points]

(3) Proof that construction manager has experience in Projects of specific value, VAT included

(a) Greater than R250 million [10 points]

(b) Greater than R150 million but less than R250 million [6 points]

(c) Greater than R50 million but less than R150 million [3 points]

(d) Less than R50 million [0 points]


Signed Date

Name Position

Tenderer


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Schedule 3: Approach paper for completing the design of the works The approach paper must respond to the scope of work associated with contract and outline the proposed approach / methodology which will be employed to complete the design of the work. The paper should as such:

• identify the critical design issues that need to be resolved;

• identify the standards and design parameters which will form the bases of the design for each major component of the work;

• indicate the approach to ensuring design intent is met during construction and how the quality of the end product will be assured;

• outline the proposed methodology, software and techniques which will be employed to complete the design;

• identify the resources including specialist consultants that will be engaged in the design and the value add that they bring to the design of the project;

• identify perceived challenges that the lead design may face in designing the works and indicate how these challenges will be addressed.

The tenderer must attach his / her approach paper to this page. The approach paper should be no longer than 8 pages. The scoring of the approach paper will be as follows: Score 0 Tenderer has submitted insufficient information to score the schedule

Poor (score 8)

The technical approach and / or methodology is poor / is unlikely to satisfy project objectives or requirements. The approach lacks strategic thinking / expertise and does not deal with the critical aspects of integration.

Satisfactory (score 12)

The approach, although likely to satisfy objectives is largely generic and not tailored to address all of the critical characteristics of the project.

Good (score 18)

The approach is specifically tailored to address the specific project objectives and methodology and deals with all of the critical aspects of the design in an informed manner

Very good (score 20)

Besides meeting the “good” rating, the important issues are approached in an innovative and efficient way, indicating that the tenderer has outstanding knowledge of state-of-the- art approaches. The approach paper details ways to improve the project outcomes and the quality of projected outputs.


Signed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tenderer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Date . . . . . . . . . . . . . . Position . . . . . . . . . . . . . . . . . . . . . . . . .


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Schedule no 4: Approach paper for delivering the project

The approach paper must respond to the scope of work associated and provide: 1) the proposed approach/ methodology to deliver the project and satisfy the employer’s stated and implied objectives

in line with the activity schedule submitted in C2.2 2) a programme developed in accordance with clause 31.2 of the NEC3 ECC, including statement for each operation. 1 Proposed approach/ methodology to deliver the project The tenderer must outline the proposed approach / methodology to delivering the project effectively, efficiently and economically in accordance with the employer’s stated and implied objectives. The approach paper should as such

• outline the proposed methodology and systems which will be employed to address health and safety and environmental risk, risks of disruptions to ACSA’s operations, and risks of substandard workmanship;

• identify perceived challenges that the tenderer may face in providing the works; and

• articulate what value add the tenderer will provide in achieving the stated and implied objectives for the project excluding the mandatory subcontracting requirements.

The tenderer should as such explain his / her understanding of the objectives of the project and the Employer’s stated and implied requirements (excluding developmental objectives), highlight the issues of importance, and explain the technical and strategic approach they would adopt to address them. The approach paper should explain the methodologies which are to be adopted, demonstrate the compatibility of those methodologies with the proposed approach. The approach should also include a high-level quality plan which outlines processes, procedures and associated resources, applied by whom and when, to meet the requirements and indicate how risks will be managed and what contribution can be made regarding value management. The tenderer must attach his / her approach paper to this page. The portion of the approach paper should be no longer than 8 pages. The scoring of the approach paper will be as follows: Delivering projects as a management contractor Score 0 Tenderer has submitted insufficient information to score the schedule

Poor (score 8)

The technical approach and / or methodology is poor / is unlikely to satisfy project objectives or requirements. The tenderer has misunderstood certain aspects of the scope of work and does not deal with the critical aspects of the project.

Satisfactory (score 12)

The approach is generic and not tailored to address the specific project objectives and methodology. The approach does not adequately deal with the critical characteristics of the project. The quality plan, manner in which risk is to be managed etc is generic.

Good (score 18)

The approach is specifically tailored to address the specific project objectives and methodology and is sufficiently flexible to accommodate changes that may occur during execution. The quality plan and approach to managing risk etc is specifically tailored to the critical characteristics of the project.

Very good (score 20)

Besides meeting the “good” rating, the important issues are approached in an innovative and efficient way, indicating that the tenderer has outstanding knowledge of state-of-the- art approaches. The approach paper details ways to improve the project outcomes and the quality of the outputs / outcomes

2 Programme developed in accordance with clause 31.2 of the NEC3 ECC

The tenderers programme developed in accordance with the requirements of clause 31 of the NEC3 Engineering and Construction Contract and the related activity schedule will be evaluated from two perspectives: 1) Proposed programme 2) Proposal to perform operations Tenderers must attach their proposed programme to this schedule. It should be noted that if the tenderer is awarded the contract, the programme will become the accepted programme.


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1) Proposed programme The programme and activity schedule should be logical, feasible and comprehensive. Furthermore, the programme shall be realistic. The scoring of the tenderer’s programme and activity schedule will be as follows: Score 0 Tenderer has submitted insufficient information to score the programme and schedule

Poor

(score 5)

The programme and schedule are vague, weak in important areas, or the schedule is inconsistent with the timing of the most important project deliverables. There is insufficient breakdown of activities.

Satisfactory

(score 9)

The programme and schedule are complete and detailed (representing all activities involved), the technical level and composition of the schedule is adequate and is consistent with both the project timing and the required deliverables.

Good

(score 14)

Besides meeting the “satisfactory” rating, the programme and schedule is well detailed, clearly indicating and defining deliverables. Major Milestones are represented in the Schedule.

Very good

(score 15)

Besides meeting the “good” rating, the proposed programme and schedule is very detailed, clearly indicating and defining deliverables.

2) Proposal to perform operations Clause 31.2 of the NEC ECC3 requires “for each operation, a statement of how the Contractor plans to do the work identifying the principal Equipment and other resources which he plans to use.” The scoring of the proposal to perform operations will be scored as follows:

Score 0 Tenderer has submitted insufficient information to score the statements

Poor

(score 1)

The statements are vague and do not cover the important areas. There is insufficient breakdown of Equipment and resources.

Satisfactory

(score 3)

The statements are complete and detailed and cover all resources and Equipment required and is consistent with both the project timing and the required deliverables.

Good

(score 4)

Besides meeting the “satisfactory” rating, the statements are well detailed and clearly indicate how the work is to be undertaken and what resources and equipment are to be used when and where.

Very good

(score 5)

Besides meeting the “good” rating, the statements are very detailed and clearly indicate how the work is to be undertaken and what resources and equipment are to be used when and where.


Signed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tenderer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Date . . . . . . . . . . . . . . Position . . . . . . . . . . . . . . . . . . . . . . . . .


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Original SARS Tax Clearance Certificate or PIN Code Attach here


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COIDA Letter of Good Standing Attach here


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CIPC (Company Registration Certificates) Attach here


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Certified copy of B-BBEE Certificate Attach here


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Schedule of Proposed Subcontractors

We notify you that it is our intention to employ the following Subcontractors for work in this contract.

If we are awarded a contract, we agree that this notification does not change the requirement for us to submit the names of proposed Subcontractors in accordance with requirements in the contract for such appointments. If there are no such requirements in the contract, then your written acceptance of this list shall be binding between us.

Name and address of proposed Subcontractor

Nature and extent of work Previous experience with

Subcontractor (attach)

1.

2.

3.

4.

5.

6.

7.

8.

9.

Signed:

…………………………………..

Date:

………………………………………………

Name:

…………………………………..

Position:

………………………………………………

Tenderer:

……………………………………………………………………………………………………….

(Attach information to this page)


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THE CONTRACT

AIRPORTS COMPANY SOUTH AFRICA SOC LIMITED

PROJECT NUMBER: 19

TITLE OF PROJECT: REMOTE APRON STANDS

NEC 3: ENGINEERING AND CONSTRUCTION CONTRACT (ECC)

Between

AIRPORTS COMPANY SOUTH AFRICA SOC LIMITED Applicable at O R TAMBO INTERNATIONAL AIRPORT (Registration Number : 1993/004149/30)

and

(Registration Number : ___________________)

for

Engineering and Construction of the Remote Apron Stands at O R Tambo International Airport

Contents:

No of pages

Part C1 Agreement & Contract Data [●]

Part C2 Pricing Data [●]

Part C3 Scope of Works [●]

Part C4 Site Information [●]

Part C5 Annexures CD


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PART C1: Agreement and Contract Data

C1.1 Form of Offer and Acceptance


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C1.1.1 Offer The Employer, identified in the acceptance signature block, has solicited offers to enter into a contract for the procurement of:

Project Title: O.R. TAMBO INTERNATIONAL AIRPORT – ENGINEERING AND CONSTRUCTION OF THE REMOTE APRON STANDS

Bid No.: ORT5832/2018/RFP

The Tenderer, identified in the Offer signature block below, has examined the documents listed in the Tender Data and addenda thereto as listed in the Tender 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 VALUE ADDED TAX:

Amount in words:

Amount in figures:

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 to the Tenderer before the end of the period of validity stated in the Tender Data, whereupon the Tenderer becomes the party named as the Contractor in the Conditions of Contract identified in the Contract Data. THIS OFFER IS MADE BY THE FOLLOWING LEGAL ENTITY:

Company or Close Corporation

OR

Natural Person or Partnership

And: Whose Registration Number is: Whose Identity Number (s) are:

And: Whose Income Tax Reference Number is:

And: Whose Income Tax Reference Number is:

AND WHO IS (if applicable):

Trading under the name and style of:

AND WHO IS: Represented herein, and who is duly authorised to do so, by:

Mr/Mrs/Ms:

In his/her capacity as:


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SIGNED FOR THE TENDERER: Name: Capacity: Signature: Date: For the Tenderer: (Insert the name and address of organisation) Name of Witness: Signature:


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C1.1.2 Acceptance By signing this part of the 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 Part C5 Annexures and drawings and documents or parts thereof, which may be incorporated by reference to the documents listed above. Deviations from and amendments to the documents listed in the Tender Data and any addenda thereto listed in the Tender 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 Agreement. No amendments to or deviations from said documents are valid unless contained in this Schedule, which must be duly signed by the authorised representative(s) of both parties. The Tenderer shall within twenty-one (21) calendar days after 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 Contact Data) to arrange the delivery of any bonds, guarantees, proof of insurance and any other documentation to be provided in terms of the Conditions of Contract identified in the Contract Data at, or just after, the date of this Agreement comes into effect. 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 the Contractor) within five days after 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 binding contract between the parties. FOR EMPLOYER OFFICIAL USE ONLY (ACSA) Name: Capacity: Signature: Date: For the Employer:

Airports Company South Africa (SOC) Limited, O R Tambo International Airport

Name of Witness: Signature:


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C1.1.3 Schedule of Deviations Note:

1. The extent of deviations from the tender documents issued by the Employer prior to the tender closing date is limited to those permitted in terms of the Conditions of Tender.

2. A tenderer’s covering letter must not be included in the final contract document. Should any matter in such letter, which constitutes a deviation as aforesaid be the subject of agreement reached during the process of Offer and Acceptance, the outcome of such agreement shall be recorded here, and the final draft of the contract documents shall be revised to incorporate the effect of it.

1 Subject: Details:

2 Subject: Details:

3 Subject: Details:

4 Subject: Details:

5 Subject: Details:

6 Subject: Details: By the duly authorised representatives signing this agreement, the Employer and the Bidder 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 tender schedules, as well as any confirmation, clarification or changes to the terms of the offer agreed by the Bidder 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 Bidder 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: Name: Capacity: Signature: Date: For the Employer

Airports Company South Africa (SOC) Limited, O R Tambo International Airport

Name of Witness: Signature:


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FOR THE CONTRACTOR: Name: Capacity: Signature: Date: For the Contractor: (Insert the name and address of organisation) Name of Witness: Signature:


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C1.2 Contract Data The Conditions of Contract are selected from the NEC3 Engineering and Construction Contract (Third edition of June 2005 with amendments June 2006 and April 2013) published by the Institution of Civil Engineers, copies of which may be obtained from Engineering Contract Strategies (telephone 011-803 3008) Each item of data given below is cross-referenced to the clause in the NEC3 Engineering and Construction Contract which requires it.

Part One – Data provided by the Employer Clause Statement Data

1 General

The conditions of contract are the

core clauses and the clauses for main Option

A: Priced contract with activity schedule

dispute resolution Option W1: Dispute resolution procedure and secondary Options X1: Price adjustment for inflation X2: Changes in the law X5: Sectional Completion X7: Delay damages X13: Performance Bond X16: Retention X18: Limitation of liability

of the NEC Engineering and Construction Contract June 2005 (amended June 2006 and April 2013)

Z: Additional conditions of contract

10.1 The Employer is

Address Tel. No.

Airports Company South Africa (SOC) Limited OR Tambo International Airport Private Bag X1 3rd Floor ACSA North Wing Offices OR Tambo International Airport 1627 011 – 921 6024

10.1

The Project Manager is Address Tel. No.

Denis Bakker OR Tambo International Airport Private Bag X1 3rd Floor ACSA North Wing Offices OR Tambo International Airport 1627 011 – 921 6024


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e-mail [email protected]

10.1

The Supervisor is Address Tel. No. e-mail

To be confirmed

11.2(13)

The works are

The Design and Construction of the Remote Apron Stands and associated infrastructure at the OR Tambo International Airport

11.2(14)

The following matters will be included in the Risk Register

Weather Unknown services Tie-in with existing infrastructure Security

11.2(15)

The boundaries of the site are

As described in Part C4: Site Information

11.2(16)

The Site Information is in

Part C4: Site Information

11.2(19)

The Works Information is in

Part C3: Scope of Works

12.2

The law of the contract is the law of

the Republic of South Africa

13.1

The language of this contract is

English

13.3

The period for reply is

14 calendar days

2

The Contractor’s main responsibilities

No additional data is required for this section of the conditions of contract

3

Time

11.2(3)

The completion date for the whole of the works is.

33 months after the starting date.

30.1

The access date is

for the whole of the works within two weeks of the starting date

mailto:Denis.bakker@airports


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31.1

The Contractor is to submit a first programme for acceptance within

2 weeks after the Contract Date

31.2

The starting date is

the Contract Date

32.2

The Contractor submits revised programmes at intervals no longer than

1 Calendar month

4

Testing and Defects

42.2

The defects date is

5 years after completion of the whole of the works

43.2

The defect correction period is except that the: defect correction period for defects causing a delay to Others is defect correction period for defects causing a delay to airport operations is

4 weeks 1 week 2 days

5

Payment

50.1

The assessment interval is on the

25th day of each successive month

51.1

The currency of this contract is the

South African Rand (ZAR)

51.2

The period within which payments are made is

4 weeks

51.4

The interest rate is

The prime lending rate of interest (calculated on a 365 day year) charged by Nedbank of South Africa, from time to time, as certified by any manager of such bank

6

Compensation events

60.1(13)

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


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The place where weather is to be recorded (on the Site) is: The weather data are the records of past weather measurements for each calendar month which were recorded at: and which are available from:

the number of days with snow lying at 08:00 hours South African Time A place to be agreed between the Project Manager and the Contractor OR Tambo International airport South African Weather Service

7

Title

No data is required for this section of the conditions of contract.

8

Risk and insurance

84.1

The Employer provides these insurances from the Insurance Table

The terms and other matters applicable to the insurances provided by the Employer (and to insurances generally) are detailed in the insurance schedule attached as Annexure “A” to the contract

84.1

The Employer provides these additional insurances

The terms and other matters applicable to the insurances provided by the Employer (and to insurances generally) are detailed in the insurance schedule attached as Annexure “A” to the contract

84.2

The minimum amount of cover or minimum limit of indemnity

Refer to Insurance Schedule – Annexure A.

9

Termination

There is no Contract Data required for this section of the conditions of contract.

10

Data for main Option clause

A

Priced contract with activity schedule

There is no Contract Data required for the main option clause.

11

Data for Option W1

W1.1

The Adjudicator is

Both parties will agree as and when a dispute arises. If the parties cannot reach an agreement on the Adjudicator, the chairman of the Association of Arbitrators will appoint an Adjudicator.

W1.2(3)

The Adjudicator nominating body is:

The Chairman for the time being of the Association of Arbitrators (Southern Africa) (or its successor) or his nominee.


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W1.4(2)

The tribunal is:

Arbitration

W1.4(5)

The arbitration procedure is The place where arbitration is to be held is The person or organisation who will choose an arbitrator

- if the Parties cannot agree a choice or

- if the arbitration procedure does not state who selects an arbitrator, is

The Rules for the Conduct of Arbitrations published by the Association of Arbitrators (Southern Africa) (or its successor). Johannesburg, South Africa The Chairman for the time being of the Association of Arbitrators (Southern Africa) (or its successor) or his nominee.

12

Data for secondary Option clauses

X1

Price adjustment for inflation

X1.1(a)

The base date for indices is

the Tender closing date

X1.1(b)

The Latest Index is:

The latest BER Building Cost Index

X1.1(c)

The proportions used to calculate the Price Adjustment Factor are:

proportion 0.2 0.25 0.45 0.1 0. 1.00

linked to index for Labour Plant Materials Fuel (Diesel)

non-adjustable

Index prepared by “Consumer Price Index: index numbers and year on year rates ” for index as published in the Statistical Release, P0141 Table B of Statistics South Africa Mining and construction plant and equipment price index for plant and equipment as published in the Statistical Release P0151.1 Table 4 of Statistics South Africa Construction input price index (CIPI): material purchases by type of service for civil engineering as published in the Statistical Release P0151.1 Table 2 of Statistics South Africa – The diesel whole sale price for Zone 61C – Nelspruit (Mpumalanga) published on the

website www.energy.gov.za/files/petroleum_frame.html

The Price Adjustment Factor is not applied to the special materials identified by the Contractor in Part 2 of the Contract Data which are increased or decreased by the net amount of any documented variation incurred after the base date on the basis set out in such data X2

Changes in the law

No data is required for this secondary Option

X5 & X7 Sectional Completion and delay damages used together

http://www.energy.gov.za/files/petroleum_frame.html


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X7.1 X5.1

Delay damages for late Completion of the sections of the works are:

section description Amount per day

1 As per agreed program R 10,000.00 (to be agreed upon)

X13

Performance Bond

X13.1

The amount of the performance bond is

5% of the total of the Prices as at the Contract Date

X16

Retention

X16.1

The retention free amount is The retention percentage is

Nil 5% of the total of the Prices as at the Contract Date

X18

Limitation of liability

X18.1

The Contractor’s liability to the Employer for indirect or consequential loss is limited to:

The total of the Prices as at the Contract Date

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 deductible of the relevant insurance policy

X18.3

The Contractor’s liability for Defects due to his design which are not listed on the Defects Certificate is limited to:

The total of the Prices as at the Contract Date or the amount recoverable under the Professional Indemnity insurance provided by the Employer, whichever is the greater (the Contractor in any event being liable for the first amount payable)

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 total of the Prices as at the Contract Date

Z The Additional

conditions of contract

are

Z1 – Z20

Amendments to the Core Clauses

Z1 Interpretation of the law


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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 the purpose(s) for which they are intended, as

defined and described in the Scope of Work

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

Z4 Extending the defects date:

Z4.1

Add the following as a new core clause 46:

If the Employer cannot use the works as intended due to a Defect, which arises after Completion

and before the defects date, the defects date is changed to a later date by adding the number of

days to the defects date contained in the Contract Data during which the Employer, due to a Defect,

is unable to use the works as intended

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

date, the defects date is changed to a later date by adding the number of days to the defects date

contained in the Contract Data equal to the number of days between the date of Completion and

the date by when the portion of the works has been replaced

Z4.3 The Project Manager notifies the Contractor of the change to a defect date contained in the Contract

Data made in accordance with the provisions of Z4.1 and Z4.2 The period between Completion

and changed defects date does not exceed twice the period between Completion and the defects

date contained 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” (R9).

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 C1.3 of this Contract Data.

Z7 Limitation of liability:


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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 is 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 may cede 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 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.

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 do 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


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

is treated as confidential by the Contractor and is not 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 will 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 does not apply to –

a) 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;

b) 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;

c) 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 obligation to Provide the Works and fails to

remedy such default within 4 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 is borne by

the Contractor

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

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

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

materials, specifications, schedules, reports, calculations, manuals or other documents or recorded

information (electronic or otherwise) which have been or are at any time prepared by or on behalf

of the Contractor under the contract or otherwise for and/or in connection with the works) and

generally does all things required by the 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


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Z14 Intellectual Property

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

trademark, 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]

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]

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]

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]

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”.

Z18 BBBEE Certificate












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Z18.1 The Contractor annually presents a compliant B-BBEE Certificate. Failure to do so is 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

Z21

Tax invoices

Z21.1

The Contractor’s invoice. 51.5 The Contractor submits valid tax invoices of the Contractor satisfying the requirements of the Works

Information one week after receiving a payment certificate from the Project Manager in terms of clause 51.1.


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ANNEXURE A: ACSA INSURANCE CLAUSES FOR CAPEX PROJECTS


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Part Two - Data provided by the Contractor

The Contractor is advised to read the NEC3 Engineering and Construction Contract - April 2013 and the relevant Guidance Notes and Flow Charts, published by the Institution of Civil Engineers, in order to understand the implications of this Data which is required. Each item of data given below is cross-referenced to the clause in the NEC3 Engineering and Construction Contract to which it mainly applies. Clause

Statement

Data

10.1

The Contractor is (Name): Address Tel No. Fax No. Email

……………………………………………………………….. ……………………………………………………………….. ……………………………………………………………….. ……………………………………………………………….. ……………………………………………………………….. ………………………………………………………………..

11.2(8)

The direct fee percentage is The subcontracted fee percentage is

% %

11.2(18)

The working areas are the Site and

24.1

The Contractor's key persons are: 1 Name: Job: Responsibilities: Qualifications: Experience: 2 Name: Job Responsibilities: Qualifications: Experience:


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CV's (and further key persons data including CVs) are appended to Tender Schedule entitled:

11.2(14)

The following matters will be included in the Risk Register

11.2(19)

The Works Information for the Contractor’s design is in the document called Part C3: Scope of Work

A

Priced contract with activity schedule

11.2(20)

The activity schedule is in Part C2.2: Activity Schedule

11.2(30)

The tendered total of the Prices is in Part C1.1 Form of Offer and Acceptance

Data for the Shorter Schedules of Cost Components (SSCC)

41 in SSCC

The percentage for people overheads is

%

21 in SSCC

The published list of Equipment is the last edition of the list published by The percentage for adjustment for Equipment in the published list is

% (state plus or minus)

22 in SSCC

The rates of other Equipment are: Equipment

Size or Capacity Rate I I I I I I I I I I I I I I I I I I I I I I I I


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I I I I I I

61 in SSCC 62 in SSCC

The hourly rates for Defined Cost of design outside the Working Areas are The percentage for design overheads is

Category of Employee Hourly Rate I I I I I I I I I I %

63 in SSCC

The categories of design employees whose travelling expenses to and from the Working Areas are included in Defined Cost are:

X1

The variation in cost of special materials is:

Special material (describe including units of measurement e.g. steel reinforcing in tons.)

Basis for variation e.g. “Producer Price Index for selected materials” for ……..as published in the Statistical Release P0151 Table 4 of Statistics South Africa, or price for base month ex factory, excluding transport, labour or any other costs.


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C1.3 Pro forma Performance Bond – Demand Guarantee

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

[Insert Contractor’s name and registered address] Bank reference No. Date:

Dear Sirs,

Performance Bond – Demand Guarantee for [insert name of Contractor] required in terms of contract [insert Contractor’s contract reference number or title]

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

1.1 “Bank” means [Insert name of Bank, Branch (if applicable) and Registration Number]

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

1.3 “Contract” means the written agreement relating to providing the works, entered into between the Employer and the Contractor, on or about the ….. day of …. 20… (Insert Contract Reference No.) as amended, varied, restated, novated or substituted from time to time;

1.4 “Contractor” means (insert name of Contractor), a company registered in accordance with the laws of the Republic of South Africa under Registration No (insert registration number).

1.5 “Employer” means (insert name of Employer), a company registered in accordance with the laws of the Republic of South Africa under Registration Number (insert registration number)

1.6 “Expiry Date” means the earlier of

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

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

1.7 “Guaranteed Sum” means the sum of R. . . . . . . (in figures) and ………………………..in words

1.8 “works” means [insert details from Contract Data part 1]

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

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

address and shall:

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

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

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


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4. Notwithstanding the reference herein to the Contract the liability of the Bank in terms

hereof is as principal and not as surety and the Bank’s obligation/s to make payment:

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

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

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

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

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

6. The Employer shall be entitled to arrange its affairs with the Contractor in any manner

which it sees fit, without advising us and without affecting our liability under this Guarantee. This includes, without limitation, any extensions, indulgences, release or compromise granted to the Contractor or any variation under or to the Contract.

7. Should the Employer cede its rights against the Contractor to a third party where such

cession is permitted under the Contract, then the Employer shall be entitled to cede to such third party the rights of the Employer under this Guarantee on written notification to the Bank of such cession.

8. This Guarantee:

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

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

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

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

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

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

9. The Bank chooses domicilium citandi et executandi for all purposes in connection with

this Guarantee at the Bank’s Address.

Signed at on this day of 20__

For and on behalf of the Bank

Bank Signatories(s)

Name(s) (printed)

Witness(s)


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Bank’s seal or stamp


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PART C2: Pricing Data

C2.1 Pricing Instructions: Option A

C.2.1 Pricing assumptions (Option A)

C.2.1.1 General

C.2.1.1.1 The Contractor is paid under Option A (Activity schedule) for the works on a lump sum basis where the work is broken down into activities. Each activity in the Activity Schedule is paid for as a lump sum. Only completed activities are assessed for payment at each assessment date; no part payment is made if the activity is not completed by the assessment date. C.2.1.1.2 An Activity Schedule is a list of activities which represents the activities expected to be performed in carrying out the works. The Contractor enters lump sum prices against each of these activities. C.2.1.1.3 Information in the Activity Schedule is not Works Information or Site Information (see clause 20.1 and 54.1). An Activity Schedule is accordingly not instructions to do work or how it is to be done. The Activity Schedule is only a means of arriving at the total of Prices for the contract.

C.2.1.1.4 The Employer has developed an indicative activity schedule (Annexure C5.7– RAS Indicative Activity Schedule) for the project. The Activity Schedule prepared by the Contractor is required to reflect the work breakdown structure contained in this schedule.

C.2.1.1.5 The Activity Schedule shall be linked to the programme. See Annexure C5.7 – RAS Indicative Activity Schedule.

C.2.1.1.1.6 As the Contractor has an obligation to correct Defects (clause 43.1) and there is no compensation event for this unless the Defect was due to an Employer’s risk, the lump sum Prices must also include for the correction of Defects. C.2.1.1.7 If the Contractor has decided not to identify a particular activity, the cost to the Contractor of doing the work must be included in, or spread across, the other Prices in order to fulfil the obligation to complete the works for the tendered total of the Prices. C.2.1.1.8 There is no adjustment to the lump sum activity schedule price if the amount, or quantity, of work within that activity later turns out to be different to that which the Contractor estimated at the time of tender. The only basis for a change to the Prices is as a result of a compensation event. (See Clause 60.1). Accordingly, the Prices tendered by the Contractor in the Activity Schedule are inclusive of everything necessary and incidental to Providing the Works in accordance with the Works Information, as it was at the time of tender, as well as correct any Defects not caused by an Employer’s risk. C.2.1.1.9 The Contractor does not have to allow in his Prices for matters that may arise as a result of a compensation event. It should be noted that the list of compensation events includes those arising as a result of an Employer's risk event listed in core clause 80.1. C.2.1.1.10 All prices for activities exclude VAT, while the total of Prices reflected in the Form of Offer and Acceptance includes VAT.

C.2.1.1.11 The Employer has made provision for price adjustment for inflation (see Contract Data).

C.2.1.2 Work breakdown structure C.2.1.2.1 The Employer’s indicative activity schedule breaks down the works in the first instance into parts. C.2.1.2.2 These parts are then broken down into elements, comprising broad sub-systems which are functionally connected together.


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C.2.1.2.3 The elements are in turn broken down, where necessary, into logical groups of work components. C.2.1.2.5 The Contractor is required to base, wherever reasonable to do so, the activities provided in the Activity Schedule on the elements, components and assemblies identified in the client’s indicative activity schedule in respect of each part. The Contractor is, however, free to break any component or assembly into subcomponents and sub-assemblies or to describe components and assemblies where no descriptions is provided and to extend the numbering system to accommodate such items

C.2.1.3 Shorter Schedule of Cost Components C.2.1.3.1 The Shorter Schedule of Cost Components (SCC) contained in the NEC3 ECC is used to assess compensation events.

C.2.1.3.2 The Site is the area within the boundaries of the site and the volume above and below it which are affected by work included in the contract. This area will comprise locations provided by the Employer for the works. The Contractor may establish depots or use areas of land for the purposes of the contract which are distant from the Site, e.g. borrow pits or compounds, in which case he should describe such areas in the working area in the Contract Data: Part 2 – Data provided by the Contractor (see data associated with clause 11.2(18)). Cost for people, certain charges and Equipment in these areas will be included in the SSCC. If no such areas are described, all work undertaken off site is covered by the Fee.


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C2.2 Activity Schedule See Annexure C5.7 – RAS Indicative Activity Schedule Insert the Contractor’s Activity Schedule here.


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PART C3: Scope of Work

C3.1 Description of the Works

C3.1.1 Employer’s Objective Air Traffic projections indicate that aircraft parking demand will exceed available capacity in the near future. The airport master plan proposes additional apron capacity through remote apron stands (RAS) and midfield projects. The Works comprise the complete design, supply and setting to work of 9 Code F aircraft stands and 7 Code C aircraft stands in Multiple Aircraft Ramp System (MARS) configuration with all associated infrastructure at O R Tambo International Airport. Design and construction of the infrastructure development to provide 9 Code F and 7 Code C apron stands in the midfield at OR Tambo International Airport started during 2007 to 2009 but was deferred due to the decline in air traffic caused by an economic recession with effect from late 2008. The works will be implemented while the airport is in operation and although the majority of construction will take place within the fenced-off landside area, it is an objective of ACSA that there should be no negative impact on the operations of the airport and adjacent community during the construction period.

C3.1.2 General description of the works The Works include the design, engineering, manufacture, supply, transport ex-works and shipment to South Africa, transport from ship or local works to Site, unloading from road or rail, transport at Site, erection on foundations designed and constructed by the Contractor, quality assurance, on and off Site testing, painting, finishing, commissioning and complete in working order of:

1. 9 Code F and 7 Code C Aprons and link taxiways civil works: a. Dump rock columns and platform (to be completed) b. Bulk earthworks (fill) c. Pavement layers d. Perimeter roads e. Service roads and ramp equipment staging areas f. Asphalt pavement structures g. Concrete pavement structures

2. Storm water reticulation a. Bulk discharge line (to be completed) b. Internal Apron reticulation c. Anti-fuel spill (fuel separation) infrastructure

3. Water reticulation a. Bulk Supply water and fire water b. Apron and associated facilities reticulation

4. Electrical works a. Bulk supply b. High mast illumination, taxiway lights, general lighting etc. c. Sleeves provided for electrical and other cables

5. Fuel supply a. Internal reticulation b. Bulk supply c. Conduit constructed below taxiways/runways for fuel line

6. Sewer line a. Pipe line b. Pump station

7. Other Infrastructure a. Completion of Airside Ring Road b. Airside/Landside Boundary Fencing c. Retaining walls d. Service ducts for various services


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e. Jet blast barriers and sound deflectors f. 5 Mega litre reservoir g. Offices and Ablution and Battery Charging facilities h. Navigational and IT related infrastructure,

including all auxiliary and ancillary plant, services and works and the rehabilitation of the Site. The Works include all Plant and Materials and Equipment and personnel, consumables and other things and services, whether of a temporary or permanent nature which, although not expressly provided for, can be reasonable inferred from this contract, the only exclusions being:

1. items and/or services, if any, which are expressly stated to be provided by the Employer or by Others elsewhere in the Works Information.

Without limitation the Works include the following specific activities:

1 Additional geotechnical studies of the site where existing geotechnical reports as attached in C5.3 - Geotechnical Report are not sufficient for the provision of the works.

2 Preparation of required SIPDM documentation and reports for approval by ACSA. The works are designed to have an operating life of 20 years unless stated otherwise elsewhere.


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C3.2 Detailed Scope of Works

C3.2.1 Contractor’s Duties - General The Contractor shall be responsible for:

a. Planning, engineering and design of the infrastructure, facilities and equipment as specified in the Technical

Requirements

b. Submit documents to Project Manager for review and comment

c. Liaising with stakeholders and gaining approvals from all authorities with rights of sanction in respect of

Licenses to be procured by the Contractor in terms of the Contract and providing reasonable support to the

Employer in obtaining other licenses.

d. Procurement, delivery, construction, installation of the infrastructure as engineered and designed

e. Preparation and delivery of as built drawings and operation and maintenance manuals for the infrastructure

f. Training of the personnel in the operation and maintenance of the infrastructure as constructed and installed,

including the preparation and delivery of training aides.

g. Procurement, cataloguing, delivery of spares

h. The provision of test equipment for acceptance test purposes

i. Carry out acceptance testing, including a period of trial operations

Commencing on the Initial Commencement Date and in accordance with and subject to the other terms and conditions of this Contract, Contractor shall perform the Work, including the following:

a. in accordance with this Contract plan, design, engineer, procure, construct, manufacture, clear through

customs, deliver to the Work Site and erect or install all equipment (including temporary construction

equipment), systems, components and materials necessary to achieve Completion in order to furnish Employer

with fully completed functional aprons, access taxiways and specified auxiliary systems capable of handling

domestic and international commercial air traffic at the standards specified by, and fit and sufficient for its

intended purpose as evidenced by, or reasonably inferred from this Contract

b. in all matters arising out of the performance of the Contract comply with and ensure that the Work and the

Facility as constructed comply with:

• all Laws applicable to the Work and the Facility

• IATA and ICAO standards and recommendations

• Applicable South Africa National Standards Codes of Practice

• Treatment Specifications and any other non-statutory codes of practice binding upon Employer concerning

the protection of the Environment; and

• Department of Environment Affairs and Tourism Record of Decision issued for the Environment Impact

Assessment for the Construction of the Remote Aprons and Associated Ancillary Infrastructure at O R

Tambo International Airport

c. Contractor shall keep Employer and Project Manager fully informed of all steps taken and to be taken in

obtaining Contractor Licenses and shall provide Employer and Project Manager with copies of relevant

information and all applications and notices received by Contractor in connection with the Licenses and each

other notice received by it in relation to Governmental Requirements.

d. in relation to the preparation and approval of a Construction EMP, carry out the following tasks:

• Prepare a draft Construction EMP that is to be submitted to ACSA, or if requested by ACSA to the relevant

authority on behalf of ACSA within 5 days of the signature of the Contract,

• Prepare a Construction EMP that conforms to the ROD

• Update and resubmit the Construction EMP in accordance with the requests or requirements from the

relevant authority


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• Utilise such reasonable endeavours as ACSA may reasonably require in order to expedite the approval of

the EMP, including participation in negotiations with the relevant authorities.

e. follow and implement all the instructions contained in the Environmental Management Plan (Construction

Phase); including hosting and co-ordinating monitoring of construction progress by external environmental

Interested and Affected Parties;

f. within thirty (30) days of the Commencement Date create and implement a Safety Management Program for

the Work consistent with Good Engineering and Construction Practices, and fully complying with the South

African Health and Safety Regulations;

g. provide reasonable assistance to Employer in obtaining Employer Licenses including the timely provision by

Contractor of all relevant documents and information relating to the Work and the Facility required in connection

with the application for the amendment of the existing Airport License.

h. Community Liaison Officer: Contractors must appoint a Community liaison officer to assist with the recruitment

of targeted community labour and enterprises, represent the community in these matters and facilitate

communication between the contractor and community.

DESIGN PHASE AND DESIGN DOCUMENTATION The Contractor shall submit to Project Manager for review and comment and sign-off by the Employer, the following

a. Designs,

b. Design drawings,

c. Layout drawings,

d. Procedures,

e. Specifications

In addition, the Contractor shall provide the Employer other data and information which the Employer may reasonably request. The Contractor is required to employ a design team with the following experience:

- Taxiway (Code E or F) design (minimum 3 projects in the past 15 years) and supervision (minimum 3 project in the past 15 years);

- Aircraft stand (Code E or F) design (minimum 3 projects in the past 15 years) and supervision (minimum 3 projects in the past 15 years);

- Experience in aircraft pavement engineering, stormwater drainage, airfield ground lighting and signage, apron floodlighting, aircraft ground power, visual docking guidance system

- Experience in underground aviation fuel reticulation and supply (3 projects in the past 15 years) Such submissions shall be in accordance with the Activity Schedule at such time and in such sequence as to cause no delay in the Work (taking into account the time required for approval and/or modifications of the same in accordance with this Contract). CONSTRUCTION PHASE Commencing on the Commencement Date and in accordance with and subject to the other terms and conditions of this Contract, Contractor shall perform the Work, including the following:

a. the timely clearance through customs of all Contractor’s Equipment, Plant or Work including all necessary

documentation and procedural matters associated therewith having regard to the time stated in the Activity

Schedule or, if not so stated, in reasonable time having regard to the Time for Completion

b. provide temporary furnished construction offices at the Site for twenty (20) Employer’s representatives

comprising eight offices and open plan office space including the facilities and connections for electric power,

telecommunications, drinking water supplies, undercover parking for 20 vehicles and permit Employer's

representatives to use Contractor's rest, washroom and changing room facilities. The Contractor may


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complete the construction of the apron offices and equipment buildings, temporarily use these buildings for

construction offices during the construction, and finally deliver them as part of the Works after refurbishment;

c. Establish a SANAS accredited laboratory on site for all testing for quality and of materials used in the

construction;

d. The contractor is required to keep record of all vehicles and persons entering the site.


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C3.2.2 Technical Requirements

Strength of Pavements The pavement type shall be R-Rigid for the concrete pavements and F-Flexible for asphalt pavements and shall be designed for the forecast aircraft movements. For the purposes of pavement design, the structural design life for flexible surfaces shall be 20 years and for rigid surfaces 30 years. All flexible pavements shall be designed to be free of major maintenance including additional overlays for the first 10 years. Pavement Design and Specifications The pavement design shall be in accordance with international acceptable practices. The PCN value for the aircraft movement areas shall be reported by the Contractor once the design is completed and will become part of this contract.

C3.2.2.1 Taxiways/Taxilanes The taxiways shall comply with ICAO International Standards and Recommended Practices – Annex 14 Volume I, Sixth edition, July 2013 as well as the following criteria: Taxiway/Taxilane – Code F Taxiways that are classified as Code F shall have

a. Taxiway Width 25m

b. Taxiway Shoulder Width 17.5m

c. Total Taxiway Width 60m

d. Taxiway Length 75m (from Taxiway Papa centreline)

e. Taxilane Width through Aprons 102m +10m back of stand service road + 10m back of stand service road

f. Taxilane Length through Aprons 430m

g. Surface of Taxiway – Asphalt

h. Pavement Type F (Flexible)

With minimum (or equivalent) construction parameters (to be verified by contactor’s design) of:

• 40 mm Modified Binder SMA

• 90 mm Coarse continuously graded asphalt surfacing

• 150 mm G1 Crushed stone Base Layer compacted to 88% of ARD

• 150 mm C3 Stabilised Upper Sub base compacted to 97% of Mod AASHTO Density

• 200 mm C3 Stabilised Lower Sub base compacted to 97% of Mod AASHTO Density

• 150 mm SSG layer to 95% of Mod AASHTO Density (G7 layer)

• G7 fill compacted to 93 % of Mod AASHTO Density (thickness of fill varies up 5 m)

Taxiway/Taxilane – Code C Taxiways that are classified as Code C shall have

a. Taxiway Width 18m

b. Taxiway Shoulder Width 10m

c. Total Taxiway Width 38m

d. Taxiway Length 75m (from Taxiway Papa centreline)

e. Taxilane Width through Aprons 60m +10m back of stand service road

f. Taxilane Length through Aprons 300m

g. Surface of Taxiway – Asphalt

h. Pavement Type F (Flexible)


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• 40 mm Modified Binder SMA

• 60 mm Coarse continuously graded asphalt surfacing


• 150 mm C3 Stabilised Upper Sub base compacted to 97% of Mod AASHTO Density

• 150 mm C3 Stabilised Lower Sub base compacted to 97% of Mod AASHTO Density

• 150 mm SSG layer to 95% of Mod AASHTO Density (G7 layer)

• G7 fill compacted to 93 % of Mod AASHTO Density (thickness of fill varies up 5 m)

Taxiway Shoulders The taxiway shoulder minimum (or equivalent) construction parameters (to be verified by contactor’s design) are:

• 50 mm Bitumen rubber asphalt, 13.2 mm stone

• 150 mm Crushed stone base (G3) compacted to 97% of modified AASHTO density

• 200 mm Gravel (RAP mixed optional) subbase (G5) compacted to 95% of modified AASHTO density

• 200 mm Fill and cut to design depth compacted to 93% of modified AASHTO density

C3.2.2.2 Aprons Aprons – Code F Aprons that are classified as Code F shall be Pavement Type R (Rigid), concrete aprons

a. No of Positions: 5 (3 in Row 1 and 2 in Row 2) b. Stand Width 80m + 3.75m + 3.75m = 87.5m c. Stand Length 90m PLUS d. No of Positions: 4 (2 in Row 1 and 2 in Row 2) e. Stand Width 80m + 3.75m + 7.5m = 91.25m f. Stand Length 90m


• 375 mm PC Concrete, 5.0MPa flexural strength

• 150 mm C3 Cement Stabilised Upper Sub base compacted to 97% of Mod AASHTO Density

• 150 mm C3 Cement Stabilised Lower Sub base compacted to 97% of Mod AASHTO Density

• 150 mm Upper Selected Layer compacted to 95% of Mod AASHTO Density

• 150 mm Lower Selected Layer compacted to 93% of Mod AASHTO Density

• Fill layers constructed in 150 mm thickness compacted to 90% of Mod AASHTO Density And shall be configured to accommodate 2 x Code C aircraft in MARS configuration each. Aprons – Code C (C2) Aprons that are classified as Code C (C2) shall be Pavement Type R (Rigid), concrete aprons

a. No of Positions: 5 b. Stand Width 38.1m + 3.75m + 3.75m = 45.6m c. Stand Length 57.5m PLUS a. No of Positions: 2 b. Stand Width 38.1m + 3.75m + 7.5m = 49.35m c. Stand Length 57.5m


• 355 mm PC Concrete, 5.0MPa flexural strength


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• 150 mm C3 Cement Stabilised Upper Sub base compacted to 97% of Mod AASHTO Density

• 150 mm C3 Cement Stabilised Lower Sub base compacted to 97% of Mod AASHTO Density



• Fill layers constructed in 150 mm thickness compacted to 90% of Mod AASHTO Density

C3.2.2.3 Apron Service Roads The apron service roads minimum (or equivalent) construction parameters (to be verified by contactor’s design) are:

• 40 mm AC Medium Continuously graded asphalt wearing course


• 150 mm C3 Cement Stabilised Sub base compacted to 95% of Mod AASHTO Density

• 150 mm C4 Cement Stabilised Sub base compacted to 95% of Mod AASHTO Density



• Fill layers constructed in 150 mm thickness compacted to 90% of Mod AASHTO Density

C3.2.2.4 Ramp Staging Areas The ramp staging areas minimum (or equivalent) construction parameters (to be verified by contactor’s design) are:

• 80 mm Concrete interlocking paving blocks

• 20 mm River sand bedding

• 150 mm Stabilized gravel subbase (C3) compacted to 97% of modified AASHTO density, min. UCS =

1,500 kPa at 95% of modified AASHTO density

• 150 mm Stabilized gravel subbase (C4) compacted to 95% of modified AASHTO density, min. UCS = 750 kPa

at 95% of modified AASHTO density.

• 150 mm Natural gravel upper selected layer (G7) compacted to 93% of modified AASHTO density, min. CBR

= 15 at 93% of modified AASHTO density.

• 150 mm Natural gravel lower selected layer / roadbed (G9) compacted to 90% of modified AASHTO density,

min. CBR = 7 at 90% of modified AASHTO density.

C3.2.2.5 Geotechnical Investigation and Stone Columns

See Part C5.3 for information on Geotechnical investigations See Part C5.5 for information on stone columns still to be completed.

C3.2.2.6 Electrical Infrastructure The electrical works of the Remote Apron Stands require the creation of an 11kV cable ring around the perimeter of the apron. Mini substations need to be connected to this cable ring and will provide power to electrical equipment. Similarly, a data/communication sleeving ring and manholes will be created around the perimeter of the apron. The electrical works will include the following main items:

• 11kV feed to the midfield apron

At present the New Operations Substation, which is located within the electrical maintenance complex at the

ATNS area is connected by two underground 11kV cables to the DOMTEX air field substation. The DOMTEX

substation is located adjacent to the terminal building.


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It is envisaged that one of the two feeder cables that connects the two substations will be rerouted to the new

midfield apron substation. This cable would then connect DOMTEX to the new midfield apron substation, and the

new midfield apron substation to the new operations substation.

• New brick midfield apron substation

A new brick substation will be constructed on the east side of the Remote Apron Stands. This substation will

consist of three rooms, namely, MV room, LV room and generator room. The MV room will house 2 incomers, 2

feeder circuit breakers and a 200kVA transformer. The two feeder breakers will be connected via an underground

PILC 11kV cable ring to mini substations located alongside GPU’s / apron luminaires and to the 200kVA

transformer, which will provide power to the essential apron luminaires and the fuel system’s HIMA panel.

The generator room will house the generator, which will provide power to the essential apron luminaires and the

fuel system’s HIMA panel.

• MV (11kV) reticulation including mini-substations

The future 400Hz GPU’s and the apron luminaires (non-essential) will be supplied from approximately six mini substations located alongside GPU’s / apron luminaires. These mini substations will be connected via an underground PILC 11kV cable ring to the two feeder circuit breakers located inside the new brick substation.

• Standby generator

The essential / emergency power requirements for emergency apron luminaires and other electrical services is to be determined. It will differ from figures mentioned in the Preliminary Design Report attached in C5.1 A backup generator with automatic switchover gear is to be provided to cater for the essential / emergency power requirements.

• Apron lighting – Stand Luminaires

The direct apron lighting will consist of 22 (Code C stands) & 35 metre masts (Code F stands) with LED floodlights like existing lighting on the aprons along the rest of the airport.

The masts will be of the railow type and a winch will be used to lower the floodlights. One mast per parking bay

will be positioned in line with the front of aircraft (outside of the parking bay).

The lights will be on the essential / emergency power circuit.

• Taxiway/Taxilane Centre Line Lighting

It is envisaged that Siemens will supply and install the taxiway / taxilane centre line lighting for the contractor. The lighting will consist of approved LED centre line lights mounted at 15m intervals on straight sections and 7.5m intervals on curved sections. Initially sleeving will be cast into the concrete; thereafter the concrete will be cored to accommodate the base of the luminaires. Power to taxiway luminaries is expected to emanate from a new airfield substation, which will be located on the north / west corner of the midfield apron.

• Sleeving for GPU’s

GPU’s will not be installed; however, the following power allowances will be made in the sizing of mini substations:

3 x 90kVA GPU’s for Code F aircraft and 1 x 90kVA GPU for smaller aircraft. The position of GPU’s will be

between the service road and the parking bays. This is necessary to prevent trailing cable from laying across the

service road.


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Sleeving will be installed to all GPU positions

• Data / communication sleeving between the terminal building and the ATNS area

12 x 110mm HDPE type 4, class 6 data/communication sleeves will be installed between the existing

data/communication manhole (located on the south side of Bravo apron) and the control room, located within the

electrical maintenance complex at the ATNS area. Manholes will be installed every 80 metres and a spur feed

along the route will connect the two existing manholes adjacent to 15-33 substation. GPU data sleeving will form

part of this sleeving network and will terminate to manholes at the Midfield Apron.

• Electrical infrastructure associated with the fuel system

The purpose of this section is to outline the basic requirements in terms of the electrical installation required for the Midfield Apron Fuel Hydrant Network. These requirements will only address requirements specific to the fuel hydrant network and excludes any other system or applications also required for the Midfield Apron.

The electrical requirements pertaining to the fuel system to be installed for the Midfield Apron are addressed separately for each of the following:

• Emergency Shut-down System

• Motorized Valves

• Leak Detection System

Emergency Shut-down System: The purpose of the Emergency Shut-down System (ESD) is to isolate sections of the fuel hydrant network in case of any spillage, fire or other fuel hazard. The ESD system is controlled by means of a SIL3 rated shut-down system. The system comprises the following:

• HIMA control panels

• Motorized valves

A HIMA panel shall be connected to all motorized valves within a range of 500m from the valve chamber. Provision for the following is required:

• A covered secure air-conditioned room for the HIMA panel.

• 240V AC, 1kVA supply linked to the essential / emergency power supply. Panel consumption is estimated

to be approximately 500Watt.

• Interconnecting sleeve pipes from the ESD panel room to the valve chamber – 3 x 110mm sleeve pipes

(power, data, control).

Motorized Valves: The motorized valves form part of the ESD system. A maximum of four motorized valves will be installed in each valve chamber. The motorized valve chamber shall require the following:

• A 240V AC, 1.5kVA supply per valve chamber. During operation the actuator power consumption is

approximately 250Watt per unit.

• Interconnecting sleeve pipes (3 x 110mm) from the valve chamber to the ESD (HIMA) room.

• Interconnecting sleeve pipes from the low voltage distribution board to the valve chamber- 1 x 110mm

sleeve pipe.

Leak Detection System: The leak detection system panels will be installed in the same room as the ESD equipment. Due to the low power requirements of this system, no specific allowance needs to be made for the power for this system. Cathodic Protection:


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Power requirements for the Cathodic Protection System is to be determined by the contractor.

C3.2.2.7 Aircraft Fuel Reticulation The design life for the fuel hydrant pipeline must be 30 years. Fuel will be supplied from the western side of the airport via two feeder lines. These lines will connect to the existing fuel network at two points still to be determined. At the Remote Aprons, the two feeder lines will connect to a valve chamber from where it will feed the apron loop around the 9 Code F stands and the loop around the 7 Code C stands. The apron fuel loop will follow the front of stand service road route. A total of six valve chambers will be required to facilitate isolation of sections of the fuel line for maintenance or other purposes. The Code F stands will be provided with 2 fuel hydrant pits per stand for Code E or F aircraft (portside and starboard refuelling) and 2 fuel hydrant pits per stand for 2 Code C aircraft (starboard refuelling). The Code C stands will be provided with 1 fuel hydrant pit per stand for Code C aircraft (starboard refuelling). The Cathodic Protection (CP) System to be designed and constructed is an impressed current common cathode system. Design Standards The following list is a guideline for the standards to be used when designing the fuel system scope of work:

- API 5L – Specification for Line Pipe - API 6D – Specification for Pipeline and Piping Valves - API Spec 6FA – Fire Test for valves - API Std 2610 – Design, Construction, Operation, Maintenance, and Inspection of Terminal & Tank Facilities - API 598 – Valve Inspection and Testing - AS 6401 – Storage, Handling and Distribution of Jet Fuels at Airports - ASME IX – Qualification Standard for Welding, Brazing and Fusing Procedures; Welders; Brazers; and Welding,

Brazing and Fusing Operators - ASME B16.5 – Pipe Flanges and Flanged Fittings - ASME B31.3 – Code for Pressure Piping – Process Piping - ATEX 95 – Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres - EI/JIG Std 1530 – Quality assurance requirements for the manufacture, storage and distribution of aviation fuels to

airports - EI 1540 – Design, Construction, Operation and Maintenance of Aviation Fuelling Facilities - EI Std 1541 – Performance requirements for protective coatings systems used in the aviation fuel storage tanks

and piping - EI 1542 – Identification markings for dedicated aviation fuel manufacturing and distribution facilities, airport storage

and mobile fuelling equipment - EI 1550 – Handbook on equipment used for the maintenance and delivery of clean aviation fuel - EI 1585 – Guidance in the cleaning of aviation fuel hydrant systems at airports - EI 1594 – Initial pressure strength testing of airport fuel hydrant systems with water - EI research report – An investigation into the effectiveness of hydrant pipeline gradient in assisting the migration of

articulate and free water contaminants at typical product flow rates - IEC 61511 – Functional safety – Safety instrumented systems for the process industry sector - JIG 1 – Aviation Fuel Quality Control and Operating Standards for Into-Plane Fuelling Services (JIG 1) - JIG 2 – Aviation Fuel Quality Control & Operating Standards for Airport Depots & Hydrants (JIG 2). - Occupational Health and Safety Act, 1993 – General Safety Regulations. - Occupational Health and Safety Act, 1993 – Pressure Equipment Regulations - PR0751– Coating and Linings Specification / Jet A1 pipeline and Bulk Storage Facilities. - SANS 10100-1: The structural use of concrete Part 1: Design - SANS 10089-1: The petroleum industry Part 1: Storage and distribution of petroleum products in above-ground

bulk installations


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- SANS 10144: Detailing of steel reinforcement for concrete - SANS 10160-1: Basis of structural design and actions for buildings and industrial structures Part 1: Basis of

structural design - SANS 10227 – Criteria for the Operation of Inspection Authorities Performing Inspections in terms of the Pressure

Equipment Regulations - SANS 10228 – The identification and classification of dangerous goods for transport by road and rail modes - SANS 31 – Metallic Products – Types of Inspection Documents - SANS 347 – Categorization and conformity assessment criteria for all pressure equipment

Aviation Components Aviation components include the following:

- 100NB (4-inch x 4-inch) Jet A-1 fuel hydrant pit valves and couplers - 22-inch environmental watertight hydrant pit box (bottom entry 6-inch Pipe and CL300 RF flange) - Fully (180 degrees) openable or roll-over lid for pit box - Under hydrant riser ball valve 6-inch CL300 x 4-inch CL150 reducing hydrant isolation ball valve - Fibreglass aviation vault access cover (2 m x 1 m), complete with waterproof cover, stepdown platform, 4m long

stainless steel ladder, handrails and chains (Ladder length to be confirmed at order) - 40 NB (1½-inch CL 300 Flange) Aviation type surface piping low point drain API aviation drybreak coupling,

complete with dust cover - Pit box installation kits - Spare pit box bellow seals

C3.2.2.8 Storm Water Reticulation The storm water drainage system will generally be designed and constructed in accordance with the COLTO Standard Specifications for Road and Bridge Works. All pipe culverts will be Class 100D pre-cast concrete pipes with spigot and socket joints to SANS 677. Pipe bedding will be dependent on geotechnical conditions and proposed pavement loading. Cast in-situ and pre-cast concrete channels, gratings and manholes will be designed to accommodate E900 traffic loading for the aprons and taxiways. The storm water culvert along the south-eastern boundary of the site and the temporary cut-off channel north of the site has already been constructed. The final storm water reticulation system needs to be designed and constructed by the contractor.

C3.2.2.9 Airside Ring Road The construction of the airside ring road is estimated to be 60% complete north of Taxiway H. Completion of this section forms part of this contract. The section south of Taxiway H to the Remote Apron Stands needs to be designed and constructed by the contractor.

C3.2.2.10 Sewer Infrastructure The outfall sewer from the main facility is to follow the vertical alignment and out to a sewer main in Bonaero Park. Facilities such as ablution and sewage dumping are to be provided and connected to system.

C3.2.2.11 Water Reticulation The water supply for the Remote Apron Stands comprises independent potable water and fire water systems. All water pipes will be laid at a minimum depth of 1.50 m below finished level to allow for construction traffic after laying the water pipes. All steel pipework will be connected to the cathodic protection system. ACSA will need to enter into an agreement with the Ekurhuleni Council for water supply.


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The main supply will be from an existing 450ø steel main pipe from the Metro that runs just inside the perimeter fence on the western boundary. Fire Water Fire water mains will be installed along the area under construction, Ring mains will be created as far possible and dead ends eliminated where possible. The fire water network to be designed must be based on a “high risk” scenario (to be confirmed by the contractor):

• Design flow = 200 l/s

• Required emergency water storage in ground reservoir = 6 hours (4.3 Ml)

• Fire hydrant to be 3 headed type at a maximum spacing of 120m

• Pipe to be of Mild Steel, epoxy coated inside & bitumen wrapped outside

• Fittings to be mild steel epoxy coated flanged fittings

• Valves to be butterfly type with gearbox in a valve chamber

Water for firefighting stored in a 5 Mega Litre underground reservoir must be pumped into the network under pressure and the pressure maintained for use. To accomplish this, a booster pump station must be constructed next to the reservoir. The underground reservoir, booster pump station, feeder lines and reticulation to be designed and constructed by the contractor. The final positions for the reservoir and pump station are still to be determined. Potable Water Potable water mains will be installed where the construction area is traversed.

C3.2.2.12 Fencing The construction area is currently fenced off from the airside area. Prior to tie-in of the taxiways to the existing Papa Taxiway, the area around the tie-in sections will need to be fenced off, inside portions of fence removed and then construction can commence. Upon completion of the works, the existing concrete security fence along the western, southern and south-eastern borders of the site must be removed and stored in an area still to be determined.

C3.2.2.13 Offices, Rest Rooms, Battery charging and Ablution Facilities Requirements for the above facilities are still to be determined. Tenderers must allow a provisional amount of R35 million excl. VAT for these facilities.

C3.2.2.14 Hydro-Carbon Separators Leaks and spillages of oil and fuel on the aprons, taxilanes and service roads are washed down drains every time it rains and, unless intercepted, find their way into water courses. By-pass separators and storage tanks are to be provided to intercept the “first flush” run-off during rainstorms.

C3.2.2.15 Control and Instrumentation The instrumentation works included in this contract consist mainly of the following:

- Apron ESD system - TCS system - Motorised valves - Valve chamber instrumentation (pressure gauges, level monitors, actuators).


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Instrumentation and installation design and engineering, including all safety requirements to ensure the installation is safe, is the responsibility of the construction contractor. Installation design shall cover items such as bracket design, fixing design of a bracket to a structure, design of supporting structures required for installation, trenching shutters, conduit fixings and installation details, etc. Installation design for which the construction contractor is responsible includes the following material and equipment design aspects: 1) Proper fixing of panels and boards with the correct size fixtures. 2) Fixing of cable ladders and stands to walls and the floor (or on a plinth). 3) Routing of cables from the main cable routes to the termination points. 4) Using suitable supports for cables between the main cable route and the termination points. 5) Suitable supports for electrical material, equipment and instrumentation. 6) Ensure male and female threads are compatible. 7) Proper strapping of cables to the supports without damaging the cables. 8) Use of proper tools for the correct application. 9) Modification of the Safety PLC Panels to accommodate the removal, re-allocation and addition of instrumentation and valve actuator signals.

C3.2.2.16 Construction Vehicle Access Route (Construction Haul Road)

The construction vehicle access route is to be upgraded to suit construction activities and maintained for the duration of the construction period.


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C3.3 General Matters and Requirements

C3.3.1 Providing the Works The Contractor is responsible for the adequacy, stability and safety of his Site operations and method of construction employed by him. The Contractor ensures that the Works are fit for the purposes intended and are designed, supplied and set to work in accordance with this contract and good engineering and safety practices. The Contractor exercises due skill, care and diligence in providing the Works. The standard of skill, care and diligence required is that of a Contractor seeking in good faith to perform his contractual obligations and in so doing and in the general conduct of his undertakings observing and/or exercising the degree of skill, care, diligence, prudence and foresight which would reasonably and ordinarily be exercised by a skilled and experienced international Contractor in relation to his practices, methods, techniques, specifications and/or standards (whether in respect of design, engineering, construction, performance, safety, workmanship, equipment, components or otherwise) engaged in the same type of undertaking under the same or similar circumstances and conditions to the Works. The Contractor uses a sufficient number of appropriately qualified professionals, artisans and other individuals who are suitably skilled, competent and experienced in their respective trades or occupations and provides all necessary supervision to plan, arrange, direct, manage and inspect the Works and generally for the satisfactory and safe execution of the Works. Without limitation, supervision is carried out by a sufficient number of appropriately qualified persons who are suitably skilled, competent and experienced in the operations to be carried out (including the methods and techniques required, the hazards likely to be encountered and methods of preventing accidents). The Contractor represents that he is and ensures that he is at all times fully experienced, properly qualified, registered, licensed, equipped, organized and financed to perform the Works in terms of this contract. Except to the extent otherwise expressly stated in this contract:

1 - the Contractor is considered to have satisfied himself, prior to the Contract Date, as to the completeness and sufficiency of all information and drawings provided to him as at the Contract Date; 2 - the Contractor is considered to have satisfied himself as to the precise nature and exact location of the Works, the type of Plant and Materials, Equipment and facilities and other items and matters required to Provide the Works (and the Contractor’s failure to so satisfy himself with all such data and information does not relieve his responsibility for properly estimating the difficulty or cost to successfully Provide the Works and he is not by reason thereof entitled to any extension of the Completion Date, adjustment to the Prices or other compensation); and 3 - the Employer is not responsible for the failure of the Contractor to understand the precise nature of his undertaking under this contract or for any erroneous interpretation concerning the conditions affecting his performance, it being recognized that the Employer provided the Contractor sufficient opportunity to ask the Employer for clarification of the terms and conditions of this contract prior to submission of his tender to Provide the Works.

C3.3.2 Permits and Duties The Contractor is responsible for all taxes in connection with the Works and the Contractor obtains, at his own cost, all permits, approvals and/or licenses for the Works, including without limitation, visas for the Contractor’s and Subcontractor’s personnel and import (and if applicable, export) and customs permits and clearances for Plant and Materials and Equipment. For the purpose hereof “taxes” means any present or future tax, levy, impost, duty, charge, fee, deduction or withholding tax of whatever nature (including, without limitation, any stamp duty, income tax, sales tax, value-added tax, custom, import or export duty or excise tax, property tax, registration fee or license and any water, sanitary, lighting, environmental, energy or fuel tax or levy) which is levied, collected and/or assessed in any jurisdiction at any time, and any interest, penalty, charge, fee or other amount imposed, collected, withheld, assessed or made on or in respect of any of the above.

C3.3.3 Compliance with Laws


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

C3.3.4 Compliance with Codes and Standards The Works comply with the codes and standards stated in the Works Information. To the extent not stated, the Works comply with internationally recognised codes and standards which are accepted by the Project Manager, JMT or the Supervisor. In case of conflict between national, international codes, standards or guidelines and/or the requirements specified in this Works Information, and unless otherwise instructed by the Project Manager, the more onerous one takes precedence; provided always that the Works comply as a minimum and in any event, with applicable law and mandatory South African national codes, standards and guidelines.

C3.3.5 Works of the Employer and Others The Works are adjacent to a project for the NEW CARGO PRECINCT. During design and construction or the project works there are interfaces with other Contractors for which appropriate levels of planning and liaison will be required. These interfaces include design, construction and programme activities. Whenever work being done by Others on the project is dependent on or adjacent or related to the Works, the interface and sequence of such works and the Works is such that the least interference reasonably possible will result to the Contractor and to Others and such sequence is determined by the Project Manager. The Contractor is considered to have allowed for reasonably anticipated delays and interference to the Works for these interfaces. Co-operation is required between the Contractors and Others to ensure the completion of the Works and other project works within the programme for the project as a whole. At the earliest possible date, detailed programmes prepared for all other project works having interfaces with the Works are discussed by the Project Manager with the Contractor in order that the phasing, duration, use of working areas, attendance work etc. can be drawn into overall programmes for the project works. Co-ordination meetings are held as required by the Project Manager with such other Contractors to monitor progress and co-ordinate the installation operations.

C3.3.6 Contractor’s Organisation Unless included in this contract, the Contractor submits to the Project Manager, within four weeks of the starting date, a chart showing the organization for Providing the Works. The chart includes the identities of the key personnel to be employed. The Contractor also includes the curricula vitae of the key personnel. The Contractor promptly informs the Project Manager in writing of any revision or alteration of such organization chart. The appointment or replacement of key personnel is subject to core clause 24.1 of this contract.

C3.3.7 Personnel The Project Manager may, having stated his reasons, instruct the Contractor to remove any person engaged by the Contractor or any Subcontractor (whether an employee or not). The Contractor then arranges that, after one day, that person has no further connection with the work included in this contract. The Contractor takes all necessary precautions to prevent any unlawful, riotous or disorderly conduct or behaviour by or among his and his Subcontractors employees, agents or invitees or any other person for whom the Contractor is responsible whether under this contract or in law. The Contractor, in the execution of the Works, maximises the use of local persons. Local persons are persons ordinarily resident within a 70 km radius of the Site.


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C3.3.8 Setting Out The Contractor is responsible for the true and proper setting out of the Works in accordance with the original points, lines and levels specified in the Works Information or notified by the Project Manager. The Contractor is responsible for the correct position of all parts of the Works and rectifies, at his cost, any error in the positions, levels, dimensions or alignment thereof. The Employer is responsible for any errors in the specified or notified items of reference, but the Contractor takes reasonable steps to verify their accuracy before they are used.

C3.3.9 Checking of Site Supervision by Joint Monitoring Team (JMT) The Employer will appoint a Joint Monitoring Team (JMT) to assess and monitor progress and quality during construction. Workmanship is subject to acceptance by the JMT and subjected to tests as the JMT may require. The Contractor ascertains from time to time which portion of the Works on the Site the JMT desires to check and test.

C3.3.10 Order of Work on Site In those parts of the Works where interference is likely to occur between items being provided under this Contract and items provided by the Employer or by Others, work shall not be commenced until the Project Manager has given his acceptance.

C3.3.11 Erection at Site The Contractor supplies all the labour required on Site for unloading, erecting and setting to work, and supplies all materials, haulage, tools, tackle and apparatus necessary to Provide the Works. As each part of the Works is constructed in stages, it may be inspected as required by the JMT or the Supervisor. This may include the accurate plumbing of all steelwork, the levelling, setting and aligning of the various parts, and the fitting and adjusting of parts. Prior to erection the Contractor shall ascertain from the JMT or the Supervisor which parts are to be inspected.

C3.3.12 Equipment, Plant and Materials All Equipment and Plant and Materials provided by the Contractor, when brought to the Site, are deemed to be needed for and exclusively intended for the execution of the Works and the Contractor does not remove the same or any part thereof, except for the purpose of moving it from one part of the Site to another, without the permission of the Project Manager or the Supervisor.

C3.3.13 Methods of Working The Contractor may execute the contract in accordance with his own standard work execution plans and procedures to the extent that they do not conflict with the provisions of this contract. All Plant and Materials and supplies under this Contract are suitable for and where necessary, specifically treated and processed for delivery, storage and service in the expected environment. The Equipment and Contractor’s methods of work are at all times to be such that the Project Manager can be reasonably satisfied that the results will be acceptable and achieved without undue risk to personnel involved. The Contractor takes appropriate measures to protect the Works from adverse effects of weather during construction. All reasonable precautions to prevent any outbreak of fire shall be taken. Notwithstanding any omission from the Works Information, the Works are performed and completed in a proper and workmanlike manner, by craftsmen skilled in their respective trades.


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C3.3.14 Method and Resources Statements The Contractor, whenever required by the Project Manager or the Supervisor, submits details of the resources, arrangements and methods which the Contractor proposes to adopt for providing the Works. Without limitation, method statements show how the technical and safety requirements of this contract will be satisfied by the methods to be adopted. No significant alteration to these resources, arrangements and/or methods is made unless it is first accepted by the Project Manager.

C3.3.15 Change Control The Contractor does not change or substitute a design, manufacturing process or item of Plant and Material which is required by this contract or has previously been accepted by the Project Manager unless the Project Manager has accepted the change or substitution. The Project Manager is under no obligation to accept the change or substitution and no claim will be considered if the change or substitution is not accepted.

C3.3.16 Site Establishment The Contractor is responsible for clearing and establishing a level area for his site establishment requirements including (as applicable) construction offices, storage areas, warehouse, machine and repair shops, fuel tanks, storage tanks, power and water distribution lines and ablution facilities. The area designated for the Contractor’s use for this purpose is described in this contract or is otherwise allocated to him by the Project Manager. Buildings constructed by the Contractor for his own use and the positions all stationary Equipment are all subject to the acceptance of the Project Manager. The Contractor submits sufficiently detailed plans showing the proposed nature and locations of such buildings and stationary Equipment and other pertinent data. No construction or installation thereof is undertaken unless the corresponding plans have been accepted by the Project Manager. On Completion, buildings constructed by the Contractor for his own use shall be demolished, including foundations, and the ground reinstated. Underground services to these buildings, if any, shall be removed.

C3.3.17 Definitions and Use of Site Specific areas of the Site are defined and designated as follows:

1 - The working areas required for construction including temporary and permanent access roads; 2 - The areas required by the Contractor for the establishment of primary and secondary facilities such as workshops, storage, plant and equipment, fuel depots and other sensitive facilities, offices and other facilities required by the Contractor in fulfilment of the Contract; 3 - The Contractor’s works for manufacture of Plant and Materials; 4 - The areas required for storage of Plant and Materials; and 5 - Other areas of the Site not specifically defined but which may be required by the Contractor for the location of other plant and facilities shall be subject to the prior approval of the Project Manager / Supervisor regarding extent, access, programme and layout.

If required by the Project Manager / Supervisor, certain areas are demarcated as “no go” areas and appropriate signage and fencing shall be erected. The Contractor does not use the Site for any purpose other than that of executing the works or for that purpose for which it has been designated and confines his operations to within these areas unless otherwise approved in writing by the Project Manager / Supervisor.

C3.3.18 Security of and Access to the Site See C4.1 – Site Location for a map of the site layout.


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The Remote Apron Stands (RAS) Development is in the north-eastern area of the airfield adjacent to the ATNS OPS Complex. It is further confined by Taxiway H (to the north), Taxiway E (to the south) and Taxiway Papa (to the west). The perimeter of the Site is secured / fenced by way of concrete security fences north, south and west and steel security fences east of the construction area and the Employer is responsible for the maintenance and general up-keep thereof; save that the Contractor is liable for and makes good any damage thereto caused by the Contractor, any Subcontractor or any of their employees, agents or invitees or any other person for whom the Contractor is responsible whether under this contract or in law. The fence is regarded as a security fence. Any changes required on the fence for tie-in purposes are to be approved by the Project Manager prior to the changes being implemented. The Airside Ring Road runs through the restricted General Aviation area in the north-eastern potion of the airport with concrete security fences on both sides of the road. Access to the works will be via the security gate situated at the end of the Bonaero Drive turn-off out of Atlas Road.

From the security gate, the construction vehicle access route will be followed as indicated on the Site Location Map. Construction vehicles are not allowed to travel through the residential area of Bonaero Park. The Contractor provides adequate security for his own staff. Authorized persons to Site are limited to the employees of the Contractor, employees of his Subcontractors and persons authorized by the Project Manager. Save for access control at the main entrance, the Contractor shall be responsible for keeping unauthorized persons off the Site. No firearms are permitted on Site. This restriction does not, however, apply to the South African Police Services in the pursuance of official duties.


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The Contractor takes all necessary precautions to prevent his and his Subcontractors personnel from trespassing on adjacent land. Nothing under this Contract relieves the Contractor from full responsibility for the maintenance of peace and order and protection of life and property in all areas where he operates.

C3.3.19 Contractor to Keep Site Clear The placing of Plant and Materials near the erection site prior to their being erected and installed is done in a neat, tidy and safe manner. The Contractor, at his own expense, keeps the Site clean and tidy and clear of any wreckage, waste material and rubbish resulting from the Works as it accumulates and, subject to the written permission of the Project Manager first being obtained, removes Equipment when no longer needed. Without derogating from the health, safety and environmental requirements stated elsewhere in this contract, all substances, materials and wastes are stored in a manner that complies with the requirements of the applicable law and regulatory authorities. The Contractor prevents any land degradation or contamination of the Site as a result of improper storage of materials and/or inappropriate disposal of wastes. All waste arising from the implementation of the Works is disposed of by the Contractor in accordance with the requirements of this contract.

C3.3.20 Final Clean-Up Before Completion is certified, the Contractor, at his own expense, removes all wreckage, waste material and rubbish resulting from the Works and, subject to the written approval of the Project Manager first being obtained, all Equipment and executes such works as are required to ensure the Site is left clean to the satisfaction of the Project Manager.

C3.3.21 Services and Facilities The Employer does not provide any water, electricity, ablution, sewage, communication or other facilities or services for the Works. The Contractor is responsible for all temporary services required by him both for the site establishment area, camp site and for construction purposes, including water, electricity, ablution, sewage, and communication facilities. Water and Electricity connection were available at previous Site Office location. This is in the vicinity where Hotel taxiway will be relocated. ACSA can provide metered water and electricity if existing connections are relocated/extended and meters are installed.

C3.3.22 Temporary Electrical Connections All temporary electrical wiring for construction purposes from the point of supply is provided by the Contractor and the installations comply with all appropriate statutory regulations. Wiring is of an approved type suitably fixed, protected (electrically and mechanically) and maintained. All cables are suitably protected to avoid damage from onsite activities and vehicle movements. All necessary precautions are taken to ensure the safety of every person employed or working on the Site and this includes routine inspection of all temporary installations and portable equipment. Any cables enclosed in a metallic sheath are effectively earthed. The Project Manager may require the immediate disconnection or alteration of any parts which he considers may be dangerous. As soon as any part of the Contractor’s temporary electrical installation is no longer required for the carrying out of the Works, the Contractor disconnects and removes same to the satisfaction of the Project Manager. Where electricity is supplied by the Employer, The Employer accepts no responsibility for the consequences which may result from the cessation of the supply of electricity.

C3.3.23 External Electrical Connections


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Before putting any item of plant into operation the Contractor first satisfies himself as to the correctness of all connections between the plant supplied under this contract and plant supplied by the Employer or by Others. The Contractor is also responsible for confirming to the Project Manager that any item of plant may be connected in and put on load.

C3.3.24 Accommodation The Contractor is responsible for the provision of accommodation and messing for all persons engaged in the execution of the Works. This includes the needs of his Subcontractors. Accommodation on Site is prohibited.

C3.3.25 Recruitment In order to limit the influx to the project area of persons seeking employment, the Contractor sets up recruitment offices by arrangement with the Employer, at approved locations with the acceptance of the Project Manager and confines his recruitment of general workers and semi-skilled labour to these offices. The Contractor is required to liaise with the local authorities when recruiting labour.

C3.3.26 Transport of Personnel to Site The Contractor makes his own provisions for the transport of his and his Subcontractors workforce to Site. Without limiting the Contractor’s other obligations under this contract relating to transport of persons, the Contractor ensures that the Contractor’s workforce are transported only in licensed and roadworthy vehicles, driven by licensed drivers, which are fit for purpose, properly maintained and which comply with applicable laws as a minimum. Transport of persons in the back of trucks, tractors or light delivery vehicles is strictly prohibited.

C3.3.27 Notice Boards The Contractor is permitted to display two notice boards advertising this contract on or near the Site or access points to the project area. The notices are of a form and in a position accepted by the Project Manager and include details of other parties involved (including the Employer) as well as the Contractor. No advertisement shall be displayed without the approval of the Project Manager.


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C3.4 Materials and Quality Assurance

C3.4.1 Materials, Packing and Storage The Contractor takes every precaution to ensure the safe and efficient handling of Plant and Materials and is entirely responsible for their safe custody and freedom from damage until Completion. All Equipment, Plant and Materials are subjected to tests as the Project Manager / JMT / Supervisor may require at the place of manufacture, fabrication or preparation, or on the Site or at such other place or places as may be specified on the Contract, or at all or any of such places.

C3.4.2 Quality of Plant and Materials All Plant and Materials are new, unused, free from defects and imperfections, of first-class commercial quality, and follow the best modern practice in the manufacture of high-grade products of the type to be furnished. Notwithstanding any omission from the Works Information, Plant and Materials are of the class most suitable for the purpose specified and withstand ambient conditions and the variations of temperature arising under working conditions without distortion, deterioration or undue strains in any part, such as to affect the efficiency and reliability of the Works, and the strength and suitability of the various parts for the work they have to perform. No repair of defective Plant and Materials will be permitted without the Project Manager’s acceptance or the sanction in writing of the Supervisor. All parts are made accurately, and where practicable, to standard gauges so as to facilitate replacement and repairs. Like parts shall be interchangeable. All Plant and Materials, including all components and packaging shall be free from asbestos.

C3.4.3 Proprietary Brands It may be that in some cases the Works Information refers to Plant and Materials of a particular brand name. This has been done only where the Employer considers that this is the best means of indicating the quality required for the item concerned. In such a case the Contractor may offer an equivalent for the Project Manager’s acceptance, but he gives adequate notice and the Project Manager is under no obligation to accept the alternative; no claims will be considered if the alternative is not accepted.

C3.4.4 Protection and Packaging for Delivery and Storage Plant and Materials are protected at all stages of manufacture, delivery and construction. Subsequent to the final manufacture phase, all plant items are protected against deterioration due to oxidation, rusting or corrosion (except in the case of certain castings which are intentionally "weathered'' prior to final surface treatment). This requirement covers storage at the Contractor's or Subcontractors works, packing for transport, transport arrangement and storage on Site. The Contractor pays particular attention to surface protection of components which are highly stressed in service, whether or not such components arrive on Site in the assembled condition. All Plant and Materials, including all components, are carefully packed for transport to Site. The nature and type of packing used are such that they ensure the items are fully protected against both mechanical damage and corrosion during all stages of transportation and site storage including in-transit stages. Both the mechanical and anti-corrosion measures taken have due regard for the method of shipping and handling facilities available and are such as to take account of all reasonable transit delays. All electrical items of equipment, whether for indoor or outdoor installation, are sealed and protected with a suitable desiccant.


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The Contractor ensures that all Plant and Materials, including all components, are packed in such a way as to ensure their complete safety and that of the shipping and handling authorities and their equipment when loading or unloading in transit or unloading on site. On receipt at Site it is the responsibility of the Contractor to check each package and/or item for compliance with the shipping schedules and/or list of contents and to take immediate action in the event of incorrect quantities, descriptions or item identifications. All items and components are inspected on receipt for damage and the appropriate authorities advised. The Project Manager reserves the right to witness receipt and unpacking of Plant and Materials. Rectification and/or replacement action are commenced immediately, and all necessary approvals obtained. Accurate records of damage and rectification carried out are kept. Rectification, where required, is subject to Project Manager’s acceptance.

C3.4.5 Storage The Contractor is allocated areas on Site specifically for office facilities and storage of Equipment and Plant and Materials. He is responsible for keeping such areas and temporary buildings in a clean, sanitary and orderly condition and for their security. Storage facilities for Plant and Materials are well ventilated, weather and damp proof, with floors raised off the ground to keep materials dry and well aerated, and are subject to the acceptance of the Project Manager / Supervisor, who has full access at all reasonable times to the said facilities. Site buildings are maintained in good condition and appearance for the duration of the Contract and kept free of litter or other debris. Plant and Materials, including all components, are stored at Site in such a way as to minimise the risk of deterioration and ensure ready inspection. Schedules of location, inspection and rectification of damage are kept by the Contractor on Site.

C3.4.6 Quality Control The Contractor has a well-organized quality control and assurance system based on ISO 9000 Series (or equivalent acceptable to the Project Manager) to assure that items and services, including subcontracted items and services, comply with the Works Information. This paragraph specifies the minimum requirements necessary to ensure that proper attention is given to the materials used, the standard of workmanship, the manufacturing and construction processes, and the quality of all components. Testing and guaranteed performance of the Plant and other requirements for inspection and testing are covered elsewhere in the Works Information.1 The Contractor includes in all his orders to Subcontractors a note stating that materials and plant covered are subject to inspection by the Project Manager, the JMT or the Supervisor. Within four weeks of the Contract Date, 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 Project Manager. The manual includes pro-forma checklists for all requirements of the Contractor’s quality control and assurance program and those called for in the Works Information. Acceptance by the Project Manager of the Contractor’s quality assurance programme, quality plans and/or inspection and/or test plans, or of those of his Subcontractors will not relieve the Contractor of his obligation to provide goods and services which meet the requirements of the Contract.

1 Engineering to confirm that this is covered elsewhere.


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C3.5 Drawings, Documents and Samples

C3.5.1 Comments on Contractor’s Drawings and Other Documents The Contractor takes due account of any comments made by the Project Manager, the Supervisor and/or the Employer on the Contractor’s drawings or other documents. Unless otherwise expressly provided for in this contract, however, none of the Project Manager, the Supervisor and/or the Employer is bound to comment on the Contractor’s drawings or other documents. None of the Project Manager, the Supervisor and/or the Employer is bound to check the Contractor’s drawings or other documents for any errors, omissions, ambiguities or discrepancies or compliance with the requirements of this contract. The Project Manager’s, the Supervisor’s and/or the Employer’s acceptance, receipt of, or review of, or comment on the Contractor’s drawings or other documents or other matter does not relieve the Contractor from responsibility for the Contractor's errors or omissions.

C3.5.2 Drawing Requirements All drawings bear accepted contract references using a project title block which as accepted by the Project Manager. Detailed revision blocks and drawing numbers shall be suffixed accordingly. All drawings, particularly layout and foundation drawings, submitted for acceptance are to a scale acceptable to the Project Manager. All drawings are made to scale and fully detailed and dimensioned. All dimensions marked on the drawings are to be considered correct, although measurements by scale may differ therefrom. The material from which each part is to be made shall be indicated. The drawings include tolerances for manufacture and installation. The tolerances are suitable and of sufficient accuracy to provide safe and trouble-free operation over the life of the component. The Contractor achieves the tolerances stated on the accepted drawings. All copies of drawings submitted to the Project Manager are provided in the form of four prints on white paper with black lines. The drawing size is A3 unless the use of another size is unavoidable. Electronic format and PDF documents are also to be provided. All drawings are dimensioned in metric units. Where applicable, drawings show a graphic scale key plan and north arrow. Dates on drawings are reflected in the following format: CCYY-MM-DD. Revisions are designated R0, R1, R2, R3, etc., commencing with the first issue. All revisions are clearly described in the revision column bearing the revision number.

C3.5.3 Document Tracking System The Contractor establishes a document tracking system to record the dates for the supply and receipt of all design drawings, calculations and requests for information.

C3.5.4 Submission Schedule The Contractor submits to the Project Manager a schedule, within four weeks of the starting date, of all documents for acceptance. This schedule provides individual titles of drawings and calculations, and their proposed submittal dates, for submittals as requested in the Works Information and as necessary for the review by the JMT / Supervisor of the proposed means of compliance by the Contractor with all aspects of the requirements of this contract. The scheduled date of first submittal, time allowed for acceptance and expected date of issue after acceptance is shown for each drawing.

C3.5.5 Document Submission The Contractor submits his drawings, designs and calculations for acceptance prior to the start of manufacture, as required by the Project Manager. All such material becomes the property of the Employer. Calculations are supplied to substantiate the Contractor’s designs of leading items of the supply and are submitted to the Project Manager for acceptance before the start of manufacture.


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All correspondence and submissions are prominently identified as relating to the Works and are submitted under the cover of appropriate letters or transmittal notes in accordance with the correspondence procedures which will be advised by the Project Manager after the signing of the Contract. All documentation supplied by the Contractor to the Project Manager in hard copy is also supplied in electronic format. Unless otherwise specified this is PDF and AutoCAD format for drawings. The Project Manager / Supervisor has the right at all times to inspect the Contractor or Subcontractors drawings of any portion of the Works. The Contractor submits his drawings and other documents to the Project Manager for acceptance in sufficient time to permit modifications to be made and for the document to be resubmitted for acceptance to the Project Manager without delaying the initial deliveries or the completion of the Works. Drawings and samples that have been accepted are not departed from in any way whatsoever except as may be provided in the Contract. If the Contractor requires early acceptance of any documents in order to avoid delay in the completion of the Works, he advises the Project Manager and the Supervisor to such effect when submitting the drawing.

C3.5.6 Time Required for Acceptance of Designs and Calculations by the Project Manager Not later than one month after receipt, the Project Manager returns one copy of the drawing marked “Accepted”; “Accepted as Noted” or “Not Accepted”, as may be appropriate. The notations “Accepted” and “Accepted as Noted” authorize the Contractor to proceed with the manufacture of the part of the Works covered by such drawings subject to the corrections, if any, indicated thereon. Where prints or drawings have been “Not Accepted” the Contractor makes the necessary revisions on the drawings and submit further copies for acceptance in the same procedure as for the original submission of drawings. Every revision is shown by number, date and subject in the revision block on the drawing.

C3.5.7 As-Built Records and Drawings The Contractor prepares, and keeps up to date at the Site, a complete and accurate set of “as-built” records in the course of Providing the Works. Three copies of these records are provided to the Project Manager prior to the start of commissioning. In addition, one electronic and one hard copy of a complete set of “as-built” drawings are submitted to the Project Manager prior to Completion. The “as-built” drawings are submitted in accordance with the requirements of the Project Manager.

C3.5.8 Operation and Maintenance Manuals The Contractor submits provisional operation and maintenance manuals (1 electronic and 1 hard copy) to the Project Manager prior to the start of commissioning. The manuals are in accordance with the specific requirement stated elsewhere in the Works Information and otherwise to satisfaction of the Project Manager. The manuals contain enough detail to enable the Employer to operate, maintain, dismantle, re-assemble, adjust and repair the Works. The Contractor updates and submits final operation and maintenance manuals to the Project Manager (1 electronic and 1 hard copy) prior to Completion.


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C3.6 Programme, Progress Reporting and Meetings

C3.6.1 Programme

General Requirements The programme is submitted in MS PROJECT format. The Contractor allows for public holidays and weekends (as non-working days) in his programme and allows 4 weeks of float for each 12-month period. The programme will take cognisance of the legal requirements relating to working hours. Activities are scaled in week units except for commissioning or similar detailed programmes for which activities are specified in days. Activities for which multiple shift working is intended are clearly defined. Method and resources statements are submitted for critical items to demonstrate that the period allocated fits the overall programme and that the Contractor’s labour and Equipment are consistent with the time allowed.

Other Information to be Shown on the Programme The other information to be shown on the programme (in addition to the requirements of core clause 31.1, as applicable), is:

Dates for each stage of ordering, receipt, fabrication and manufacture, works (factory) testing, shipment, erection and commissioning of Plant and Materials (each as applicable and identifying those that are long delivery items); Dates for issue and acceptance of drawings; Dates for start and completion of site construction activities; Dates for the start and completion of engineering / design, Dates for the submission of operation and maintenance manuals, and Dates for the submission and acceptance of commissioning check lists and detailed commissioning schedules (the date of such submission to be at least two months before the commencement of commissioning).

C3.6.2 Reporting

Monthly Progress Reports The Contractor submits monthly progress reports to the Project Manager. Each report covers a period of a calendar month save that the first report covers the period up to the end of the first calendar month following the starting date. Reports are submitted within one week of the end of every calendar month. Each report includes:

d. an executive summary, e. charts and detailed descriptions of the status of the Works in narrative format, including each stage of design,

drawings and other documents, procurement, manufacture, delivery to Site, construction, erection, commissioning and testing and are related to key dates identified in the Accepted Programme,

f. for the manufacture of each main item of plant, the name of the manufacturer, manufacturer’s location, percentage progress and the actual or expected dates of commencement of manufacture, inspections, pre-delivery tests and delivery to Site;

g. Four-week look-ahead schedule; h. comparisons of actual and planned progress; i. colour photographs in digital format showing progress of the Works in the course of manufacture and on the Site,

with each set comprising at least 20 colour photographs, individually marked with the date taken, a description of the subject and the direction of view;

j. details of actual and planned resources;


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k. details of number of each class of the Contractor’s and each Subcontractor’s personnel and of each type of the Equipment at the Site for the relevant period;

l. a report on quality including a schedule identifying all quality control and assurance documents, test results and certificates issued during the reporting period;

m. a list of proposed changes to the Works Information and the status thereof; n. a list of instructions from the Project Manager changing the Works Information during the reporting period, detailing

their reference numbers; o. a list of instructions received by the Contractor (other than instructions from the Project Manager changing the

Works information) during the reporting period listing the date of receipt and the nature of the instruction; p. an updated risk register; q. a list of all notified compensation events detailing their reference numbers, the date on which the underlying cause,

circumstance or event arose and when it first came to attention of the Contractor, the compensation claimed by the Contractor, the date on which notice and the details thereof were given to the Project Manager and the status thereof;

r. details and assessment of all areas of concern including details of all notified early warnings and details and assessment of other events and circumstances which may have an adverse cost impact and/or cause delays and details of the corrective or other measures being adopted, or to be adopted to mitigate or overcome such cost impact and/or delay;

s. a current register of drawings and other documents submitted to the Project Manager or Supervisor during the reporting period and the prior reporting period, detailing the date of issue to the Project Manager or Supervisor and, if applicable, the date by which the Project Manager’s or the Supervisor acceptance is required;

t. a current list of all drawings and documents issued to the Contractor (including the applicable revision) detailing the date of issue and transmittal thereof;

u. a report on health & safety and environmental matters; v. a report on industrial relations relevant to the Works including industrial relations at the Site and at places of

manufacture; w. details of the financial status of this contract (by way of updated S curves and spreadsheets) including status report

on payments made and outstanding applications for payment; and x. such other matters and information (including schedules and charts) as the Project Manager may require to be

included in the progress report from time to time. An electronic copy and two hard copies of each progress report are submitted to the Project Manager’s home office and, when established, an electronic copy and five hard copies are in addition submitted to the Project Manager’s Site office. Additional Weekly and Daily Reports Following mobilization at the Site the Contractor, in addition, submits to the Project Manager (in electronic copy and two hard copies):

y. weekly reports detailing projected activities for at least 4 weeks ahead of those being reported on and summarising Site activities, indicating numbers of each class of the Contractor’s and each Subcontractors personnel on Site (foreign and local), each type of Equipment on the Site, the Plant and Materials on the Site and recording any areas of concern and details of corrective action being taken;

z. daily activity reports summarizing the main activities to be undertaken each day, noting any special activities that require witnessing, together with full particulars and details of obstructions, modified or additional work, incidents, health and safety matters and the number of the Contractor’s and each Subcontractors personnel employed in each of the several portions of the work in progress.

Reports on Disputed Work For work in respect of which the entitlement of the Contractor is disputed or of an uncertain nature, the Project Manager may require the Contractor to submit work detail sheets, for the approval of the Project Manager, as a record of work done. The sheets are “For record purposes only” and do not give rise to or evidence any compensation event. Additional Reports The Project Manager is entitled to request the Contractor to provide additional reports when in his opinion they are warranted to monitor the progress of the works.

C3.6.3 Progress Meetings


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The Contractor attends regular formal progress meetings as required by the Project Manager. Site meetings may involve Others so that the progress of the Works on Site and other works may be reviewed. Such meetings may be held weekly, monthly or at other intervals as required by the Project Manager. The Contractor also attends informal weekly meetings on Site as required by the Project Manager and/or the Supervisor.

C3.7 Requirements of Government’s Programme for Broad-Based Black

Economic Empowerment

C3.7.1 SCOPE 1. GOVERNMENT POLICY There is a compelling need to elevate development of previously disadvantaged individuals and enterprises, and leadership. ACSA is required to establish the framework for the development of previously disadvantages individuals and enterprises. The objective of ACSA is to promote equity ownership across the different contracting categories and grades, as well as improving skills and performance in the delivery and maintenance of capital works across the public sector. . 2. APPLICABLE LEGISLATION All tenders will be considered with specific reference to applicable legislation in force from time to time and which are specifically applicable to organs of state for example the following:-

2.1 Public Finance Management Act No. 1 of 1999; 2.2 Preferential Procurement Policy Framework Act No. 5 of 2000; 2.3 The Constitution of South Africa 2.4 Broad-Based Black Economic Empowerment Act No. 53 of 2003 2.5 National Small Business Amendment Act No. 26 of 2003

C3.7.2 DEFINITIONS

1) BBBEE Broad-Based Black Economic Empowerment

2) BO Black Owned

3) BWO, YO Black Woman Owned, Youth Owned

4) CIDB Construction Industry Development Board

5) CPG Contract Participation Goals

6) EME Exempted Micro Enterprise

7) ISO Quality management systems standards

8) JV Joint Venture

9) NCDP National Contractors Development Programme

10) PPPFA Preferential Procurement Policy Framework Act

11) PWPDO Persons with Physical Disability Owned

12) SADC


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Southern African Development Community 13) TSS PPM

Technical Services Solutions – Project Portfolio Management TABLE A

Size

Total Gross asset value (fixed

property excluded) (less than)

Total annual turnover

(less than)

Total full time equivalent of paid

employees (less than)

Medium R 5 m R 26 m 200

Small R 1 m R 6 m 50

Very Small R 0.5 m R 3 m 20

Micro R 0.1 m R 0.2 m 5

C3.7.3 CONTRACT PARTICIPATION Airports Company South Africa aims to contract predominantly with Empowering Suppliers per the definition in P010 004P (ACSA internal transformation policy) were this relates to:

• an increase in local production,

• raw material beneficiation

• retention and employment of black people

• the transfer of skills to black owned EME’s and QSE’s.

4. Contract Participation Goals (CPG) CPG refers to the extent to which the contracted resources achieve predetermined transformation objectives, expressed as a percentage (%) of the contract value. Bidders are expected to achieve this target by the end of the project.

5. Bidders are to submit to submit a transformation proposal meeting the CPG target for all contracts over R1m including VAT.

6. CPG for this contract will be at 51% which will consist of the following B-BBEE elements:

6.1. Equity (Target 51%): 40% weighting.

6.2. Management (Target 51%): 10% weighting

6.3. Enterprise and supplier development: 30% weighting

6.4. Localization: 20% weighting

7. To facilitate achievement of targets set out in 3, and transfer of skills, the tenderer must subcontract to Black Owned vendors at minimum 30% of which 15% (half of 30%) must be BWO, YO or PWPDO.

- The contractor is to utilize the CIDB NCDP program and BO NCDP vendors on this project who are at any CIDB

grade 2 to 6 (small enterprises) and 7 and 8 (medium enterprises) to achieve this requirement. - The successful bidder can also use other non CIDB BO small and medium enterprise vendors but at an increased

threshold of 40%.

8. Localization 8.1. Local content (national) at 70% minimum

8.2. Local content refers to the services, supplies and/or works necessary for the performance of this contract

8.3. Local enterprise participation within the 70% target

9. Targeted local enterprises 5% CPG non mandatory

9.1. Contract participation goal for targeted enterprises: 5 %

9.2. Targeted local enterprises are those located within the targeted area defined by the project for the provision of supplies, services or works necessary for the performance of the contract.


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9.3. The prime contractor should engage the targeted enterprise directly or indirectly

9.4. This score is part of the Section D score but is non mandatory.

9.5. The value of the engagements expressed as % of the contract value should meet the stated CPG

10. Training: 0,25% CPG (CSDG)

10.1. Training as part of the CIDB standard: including members of the targeted area (define this area) to be formally trained in main project trades comprising amongst others the following:

10.1.1. Equipment Operators

10.1.2. Safety

10.1.3. All built environment disciplines categories

10.1.4. Full compliance with CIDB standard for skills development.

11. In the event that the Contractor/consultant fails to substantiate that any failure to achieve the contract participation

goal relating to the granting of a preference was due to quantitative underruns, the elimination of items, or any other reason beyond the Contractor’s control which may be acceptable to the Employer, the Contractor/Consultant shall be liable to pay to the Employer a financial penalty calculated in the following manner:

P = (0,15 x (D – Do) x CA)/100

- where D is the tendered contract participation goal percentage; - Do is the contract participation goal which the Employer’s representative, certifies based on the credits passed,

as being achieved upon completion of the contract; - CA is the contract amount. - P is the monetary value of penalty payable

No financial award is due for over performance on CPG.

12. Sample score sheet for Calculation of Contract Participation goals

The bidders must also fill in the table below as part of the bid documents

Contract value R2 800 000 000 (sample project value, please confirm)

The % here are used to calculate the CPG per target area. Please delete F, G,L, M % areas when including in tender)

A Ownership Method 1 % of contract being executed by lead prime contractor % Black ownership Effective CPG % Weighting ContributionAverage CPG

Target 51% 0% 0% 0%

Method 2 % of contract being executed JV partners % black ownership

0% 0% 0%

Method 3 % on contract being executed by sub contractors % black ownership

0% 0% 0% 0%

B Management Method 1 % of contract being executed by lead prime contractor % Black Management Effective CPG

Target 51% 0% 0% 0%

Method 2 % of contract being executed JV partners % black management

0% 0% 0%

Method 3 % on contract being executed by sub contractors % black management

0% 0% 0% 0%

C (ESD) ESD* Method 1 N/A Effective CPG

manadatory

minimum 30% Method 2 % of contract being executed targeted JV partners % black management

0% 0% 0%

Method 3 % on contract being executed by targeted sub contractors % black management

0% 0% 0% 0%

D (ESD) Localisation (SA)* Method 1 % of contract being executed by lead prime contractor % local labor and material Effective CPG

manadatory 0% 0% 0%

minimum 70% Method 2 % of contract being executed all JV partner % local labor and material

0% 0% 0%

Method 3 % on contract being executed by all sub contractors % local labor and material

0% 0% 0% 0%

E (ESD) Localisation (region)*Method 1 % of contract being executed by lead prime contractor % local labor and material Effective CPG

included in D not manadatory 0% 0% 0%

10% Method 2 % of contract being executed all JV partner % local labor and material

0% 0% 0%

Method 3 % on contract being executed by all sub contractors % local labor and material

0% 0% 0% 0%

20% 0% 0%

40%

10%

30%

0%

0%

0%


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Metrics Target

% Construction spend to go to B-BBEE compliant companies

% Construction spend to go to EMEs

% Construction spend to go to QSEs

% Construction spend to go to >50% BO companies

% Construction spend to go to >50% BWO companies

Number of jobs to be created based on spend

Number of indirect jobs projected to be created based on spend

Average % spend on regionally sourced materials

Average % spend on regionally sourced services

Average % spend on nationally sourced materials

Average % spend on nationally sourced services

% contract cost on skills development for the project

% Project spend on ESD for the duration of the project

JOB CREATION

LOCALISATION

SKILLS DEVELOPMENT

ENTERPRISE & SUPPLIER DEVELOPMENT

TRANSFORMATION TARGETS CTIA NRR

PREFERENTIAL PROCUREMENT


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PART C4: Site Information

C4.1 Site Location O R Tambo International Airport

C4.2 Site Description The Remote Apron Stands portion of the works is located on the landside of the OR Tambo International Airport. A section of the existing landside/airside fence will be relocated and extended to enlarge the landside area to include the sections where the taxilanes will tie into taxiway Papa. The Airside Ring Road portion of the works is on airside with concrete security fence panels on both sides along the entire length of the road. The entrance and exit are also currently closed off with concrete security fence panels. The construction vehicle access route is on landside of the airport.

C4.3 Additional Information Permit requirements for personnel and vehicles to obtain access to airside For works on AIRSIDE only: For all work to be executed on the airside of the Airport, security access control permits are required by all construction personnel. Refer C5.6 Annexures ACSA OHS Specification (permit application requirements).


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Similar all construction personnel operating construction vehicles on airside must have an Airside Vehicle Operator Permit (AVOP) and must undergo AVOP Training. Refer C5.6 Annexure ACSA OHS Specification (AVOP Training requirements). All vehicles/equipment operating on the airside must have a vehicle/equipment serviceability Certificates and a vehicle Permit. Refer C5.6 Annexures ACSA OHS Specification (Airfield Standard Operating Procedures) Execution of the works will be during normal airport operations Execution of the works will be while the airport is in full operation. Various stakeholders and service providers make use of airport roads and facilities and it is required that all construction site access points are provided with access control before any works may commence. The contractor is required to keep record of all vehicles and persons entering the site. Contractor site establishment areas The area for site establishment will fall within the RAS Construction Area as indicated on the Site Location Map, C4.1. The exact position for site establishment will be agreed between the contractor and the project manager. Vehicle access to/from site establishment areas Construction vehicles are to follow the route as indicated in C4.1. Passenger vehicles may follow the route through the residential area of Bonaero Park. Access for construction personnel to site establishment and place of works Buses and vehicles for personnel transport are to follow the route as indicated in C4.1.


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PART C5: Annexures (To be issued on CD format at Compulsory

Briefing Session) All reports, drawings and information supplied in the Annexures are for information purposes only and should be verified by the contractor if used for design purposes.

C5.1 Preliminary Design Reports

C5.2 Drawings

C5.3 Geotechnical Report

C5.4 Environmental

C5.5 Stone Columns

C5.6 ACSA OHS Specification, Airfield Standard Operating Procedures

C5.7 RAS Indicative Activity Schedule

C5.8 National Treasury - Designated Sectors - Instructions