Repair, refurbishment, and maintenance of the perimeter security fence at or tambo international airport, including razor wire and barbed wire or tambo international airport for a period of 24 months.

{"closingDate":"1 Nov 2015"}

{"name":null,"email":null,"phone":null,"department":null,"address":"in the conditions of contract identified"}

Bidder must be registered on the Central Supplier Database (CSD) and have a valid SARS tax clearance certificate or tax compliance status pin. A compliant B-BBEE certificate must be submitted annually; failure is a material breach. CIDB grading is not explicitly stated in the provided text but is typically required for construction contracts of this nature. The Contractor must demonstrate competence in perimeter security fencing, airside works, and NEC3 contract management. Key personnel CVs must be submitted with the tender. The Contractor must provide a performance bond from an accepted bank and maintain insurances as specified. Joint ventures must notify the key authorised person within 1 week of Contract Date and not alter composition without Employer consent.

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 REPLACEMENT OF PERIMETER FENCE AT O.R TAMBO

International airport for a period of nine (09) months at

O.R Tambo international airports

Contents: No of pages

Part C1 Agreements & Contract Data [XX]

Part C2 Pricing Data [XX]

Part C3 Scope of Works

Name:

Job:

Responsibility:

Name:

Job:

Responsibility:

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Name:

Job:

Responsibility:

11.2 The completion date is TBC

11.2 The following matters will be

• Existing Services

included in the Risk Register

• Access to Site
• Delay in supply of material and/or equipment
• Progress of the works against the program
• Travelling public and ACSA stakeholders
• Long lead items
• Weather conditions
• Existing services
• Project Program delay
• Payment delay

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

31.1 The programme identified in the Program schedule as per tender submission

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Part C1: Agreements and Contract Data

C1.4: Form of Guarantee

Pro forma for performance bond

Performance bond

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

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

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

We, the undersigned ................................................... and..................................... in our capacities as

Guarantor’s............................... of ................. (Registration Number: ....) (hereinafter called “the

Bank”) have been informed that ................................. hereinafter called the ‘Principal’) is your

Contractor under such contract, which requires him to obtain an irrevocable, unconditional performance

security.

At the request of the Principal, we .........................................(name of bank) hereby irrevocably

undertake to pay you, the Employer, any sum or sums not exceeding in total the amount of

....................................(the “Guaranteed Amount”) upon receipt by us of your first written demand

stating that such an amount (or lesser amount) as may be claimed is due and payable to the Employer.

This guarantee constitute an irrevocable, unconditional, non-negotiable and non-transferable undertaking

to pay in accordance with the above, subject to the proviso that this Letter will not be interpreted as

extending the Bank’s liability to anything more than the Guaranteed Amount.

Notwithstanding anything to the contrary herein contained, the Bank’s obligation shall be construed as

principal and not as accessory to the contract and shall not be delayed or discharged by the fact that a

dispute exists between the Employer and the Contractor.

We undertake to pay you such Guaranteed Amount upon receipt by us, within such period of 14 days, of

your first written demand stating that such an amount (or lesser amount) as may be claimed is due and

payable to the Employer.

The guarantee shall be governed by and construed in accordance with the laws of the Republic of South

Africa

Signed at ______________________________ on ____________________20....

For:

Registration Number:

Name & Position

As witnesses:

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Part c1: agreements and contract data

C1.5: Occupational health and safety agreement

Occupational health and safety mandatary agreement

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

), AS AMENDED & CONSTRUCTION REGULATION 5.1(k)

Objectives

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

1. The Occupational Health & Safety (Act ), as amended and its regulations and
2. The Compensation for Occupational Injuries & Diseases Act (Act ) also known as the

(COID Act).

3. Construction Regulations 2014

To this end an Agreement must be concluded before any contractor/ subcontracted work may

commence

The parties to this Agreement are:

Name of Organisation:

Airports company south africa “acsa”

Physical Address:

Airport Company South Africa

Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park,

Gauteng, South Africa, 1632

P O Box 75480, Gardenview, Gauteng, South Africa, 2047

Hereinafter referred to as “Client”

Name of organisation:

Physical Address

Hereinafter referred to as “the Mandatary/ Principal Contractor”

Mandatary’s main scope of work

1. Definitions

1.1 “Mandatary” is defined as an agent, a principal contractor or a contractor for work, or service

provider appointed by the Client to execute a scope of work on its behalf, but WITHOUT

DEROGATING FROM HIS/HER STATUS IN HIS/HER RIGHT AS AN EMPLOYER or user of the

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plant.

1.2 “Client” refers to ACSA;

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

context indicates;

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

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

proximity where there is an interface with ACSA operations;

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

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

as amended; and

1.7 “SHE” means Safety, Health and Environment.

General information forming part of this agreement

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

REGULATIONS promulgated in terms of the former Machinery and Occupational Safety Act

No. as amended as well as other REGULATIONS which may be promulgated in terms

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

2. Section 37 of the Occupational Health & Safety Act potentially punishes Employers for unlawful

acts or omissions of Mandatories where a Written Agreement between the parties has not been

concluded containing arrangements and procedures to ensure compliance with the said Act BY

The mandatory.

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

Agreement.

4. To perform in terms of this agreement Mandataries must be familiar and conversant with the

relevant provisions of the Occupational Health & Safety Act (OHS Act) and applicable

Regulations.

5. Mandatories who utilise the services of other contractors must conclude a similar Written

Agreement with those companies.

6. Be advised that this Agreement places the onus on the Mandatary to contact the CLIENT in the

event of inability to perform as per this Agreement.

7. This Agreement shall be binding for all work the Mandatory undertakes for the Client and

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

parties.

8. The contractor shall submit all necessary documentation as per SHE File Index to the Client

seven days prior to starting with any work,.

The undertaking

The Mandatory undertakes to comply with:

2. Reporting

The Mandatary and/or his / her designated person shall report to the Client prior to commencing any

work at the airports as well as when the activities change from the original scope of work.

3. Warranty of compliance

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

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

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Act for the purposes of compliance with the Act.

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

such compliance with the OHS Act. Without derogating from the generality of the above, or from

the provisions of the said agreement, the Mandatary shall ensure that the clauses as hereunder

described are at all times adhered to by himself / herself and his / her employees.

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

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

4. SHE Risk Management

4.1 The Mandatary shall ensure that a baseline risk assessment is performed by a competent person

before commencement of any work in the Client’s premises. A baseline risk assessment

document will include identification of hazards and risk, analysis and evaluation of the risks and

hazards identified, a documented plan and safe work procedures to mitigate, reduce or control

the risks identified, and a monitoring and review plan of the risks and hazards.

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

the latest version on the SHE File.

5. Medical emergency response

The Mandatary shall submit a detailed emergency response procedure to the Client OHS

Department as part of the SHE File prior to start of work. The procedure shall stipulate how the

Mandatary intends to attend to medical emergencies. In the sites where the Client has onsite clinic

services, the medical staff can provide first line response and stabilise the patient however the

Mandatary shall then activate its own medical response procedure and transport the patient to the

medical facilities for further medical attention.

6. Appointments and training

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

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

provisions pertinent to the work that is to be performed under his / her responsibility. Copies of

any appointments and certificates made by the Mandatary shall immediately be provided to the

Client.

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

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

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

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

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

Occupational Health and Safety matters and the OHS Act provisions pertinent to the work that is

to be carried out.

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

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

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

shall, in particular, ensure that all his / her users or operators of any materials, machinery or

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

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

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

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

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

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

otherwise expressly agreed by the Parties in writing.

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7. Supervision, discipline and reporting

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

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

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

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

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

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

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

risk.

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

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

risk for prompt action to mitigate.

8. Cooperation

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

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

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

at all times be entitled to make such an inquiry.

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

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

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

materials, machinery or equipment and facilities.

9. Work procedures

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

develop and implement mitigation measures to minimize or eliminate such dangers for the

purpose of ensuring a healthy and safe working environment.

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

with such mitigation measures. This includes the lock out tag out processes relating to the use of

machinery.

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

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

adhere to such safe work practices.

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

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

10. Health and safety meetings

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

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

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

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

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

attend the Employer’s health and safety committee meetings on monthly basis.

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

as per the schedule communicated. In cases where the Mandatary delegated resources are not

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able to attend the meeting, an apology shall be submitted to the Client OHS Manager 24 hours

before the meeting. An alternative representative shall be deployed to attend the meeting on the

half of the Mandatary.

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

Committee meetings a year.

11. Compensation registration/insurance

11.1 The Mandatary warrants that all their employees and/or their contractor’s employees if any are

covered in terms of the COID Act, which shall remain in force whilst any such employees are

present on the Client’s premises. A letter is required prior commencing any work on site

confirming that the Principal contractor or contractor or stakeholder is in good standing with the

Compensation Fund or Licensed Insurer.

11.2 The Mandatary warrants that they are in possession of the following insurance cover, which cover

shall remain in force whilst they and /or their employees are present on the Client’s premises, or

which shall remain in force for that duration of their contractual relationship with the Client,

whichever period is the longest.

11.3 The Mandatary shall provide the Client with Public Liability Insurance Cover as required by the

Main Contract

11.4 Any other Insurance cover that will adequately makes provision for any possible losses and/or

claims arising from their and /or their Subcontractors and/or their respective employee’s acts

and/or omissions on the Client’s premises.

11.5 The Mandatary shall send updated Letter of Good Standing to the Client as and when the

Mandatary receives it to ensure that the most valid version is available.

12. Medical examinations

12.1 The Mandatary shall ensure that all his / her employees undergo routine medical examinations

and that they are medically fit for the purposes of the work they are to perform.

12.2 Copies of such medical fitness certificates shall be made available to Client as part of the SHE

file for review to ensure that they have been conducted by a reputable Occupational Health

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

specialist Occupational Medical Practitioner. Any other additional medical assessment shall be

conducted in line with risk exposures.

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

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

13. Incident reporting and investigation

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

Department within two hours from the time of occurrence via a phone call, sms or email or before

end of shift. This shall be followed by a formal report in a form of a preliminary report within forty

eight (48) hours.

13.2 All incidents referred to in Section 24 of the OHS Act shall be reported by the Mandatary to the

Department of Labour and copies of such reporting to be sent to the Client. The Mandatary shall

further be provide with copies of any written documentation and medical reports relating to any

incident.

13.3 The Client retains an interest in the reporting of any incident as described above as well as in any

formal investigation and/or inquiry conducted in terms of section 32 of the OHS-Act into such

incident.

13.4 The Client reserves a right to hold its own investigation into any incident where it deems it is not

satisfied with the incident investigation or where the severity of the incident is fatal or damage

beyond a value of 1 million and above.

14. Sub contractors

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

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

provisions contained in this clause shall be equally binding upon the subcontractor prior to the

subcontractor commencing with the work. Without derogating from the generality of this

paragraph.:

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

for the scope of work contracted for. This includes that approval of the SHE file, SHE Plans

associated with the work.

15. Security and access

The Mandatary shall request and familiarise its employees with the Client security rules which is not

included in this agreement.

16. Fire precautions and facilities

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

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

adhered to.

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

17. Facilities

The Mandatary shall have a program to upkeep and maintain the facilities leased out to it /shared

with/ by the Client as stipulated on lease agreement.

Formatted: Indent: Left: 1,27 cm, Don't add space

between paragraphs of the same style

18. Hygiene and cleanliness

The Mandatary shall ensure that the work site, ablution, offices and surround area is at all times

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

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

regularly and on completion of the work.

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19. Intoxication and substance abuse

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

Abuse Policy. No intoxicating substance of any form shall be allowed on site where airside or

land side. Any person suspected of being intoxicated shall not be allowed on the site. Any

person required to take medication shall notify the relevant responsible person thereof, as well as

the potential side effects of the medication.

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

Mandatary employees.

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

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

Employer on request.

Qualifications:

Experience:

Name:

Job:

Qualifications:

Experience:

Name:

Job:

Qualifications:

Experience:

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11.2 The completion date is TBC

11.2 The following matters will be

• Existing Services

included in the Risk Register

• Access to Site
• Delay in supply of material and/or equipment
• Progress of the works against the program
• Travelling public and ACSA stakeholders
• Long lead items
• Weather conditions
• Existing services
• Project Program delay
• Payment delay

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

31.1 The programme identified in the Program schedule as per tender submission

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land side. Any person suspected of being intoxicated shall not be allowed on the site. Any

person required to take medication shall notify the relevant responsible person thereof, as well as

the potential side effects of the medication.

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

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

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

20. Personal protective equipment

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

adequate personal protective equipment (PPE) for the work they may perform and in accordance

with the requirements of General Safety Regulation 2 (1) of the OHS Act. The Mandatary shall

further ensure that his / her responsible persons and employees wear the PPE issued to them at

all times.

20.2 The Mandatary shall monitor compliance to PPE of his/her own employees at all times, The Client

can at its discretion conduct random PPE compliance inspections and these can be recorded

officially on the Client non-conformance reporting tool.

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

Contents: No of pages

Part C1 Agreements & Contract Data [XX]

Part C2 Pricing Data [XX]

Part C3 Scope of Works [XX]

Part C4 Site Information [XX]

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Part C1 Agreements and Contract Data, (which includes this Form of Offer and Acceptance)

Part C2 Pricing Data

Part C3 Scope of Work: Works Information

Part C4 Site Information

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

B Priced contract with Bill of Refer to Contract Data Part C2: Pricing Data, Bill of Quantities

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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Bid Bond: Form of Guarantee

Pro forma for performance bond

Performance bond

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

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

No specific requirements found

B-BBEE Details: . [email protected]

who appoints an Arbitrator Mr. Sam Amod Gauteng [email protected]

listed in the Panel of

Arbitrators below Adv. Sias Ryneke Gauteng 083 653 2281

SC [email protected]

a

Mr. Emeka Ogbugo Pretoria +27 12 349 2027

(Quantity Surveyor) [email protected]

Z17 Notification of a compensation event

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

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

changing an earlier decision or correcting an assumption.

Z18 BBBEE Certificate

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Z18.1 The Contractor shall be expected to annually present a compliant BEE Certificate. Failure to do

adhere to these requirements shall be considered a material breach of the conditions of this

Contract, the sanction for which may be a cancellation of this Contract.

Z19 Communication

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

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

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

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

Completion Date being extended by more than 30 days.

Z20 Delegation

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

amended and agree to ensure that all work

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

adequate personal protective equipment (PPE) for the work they may perform and in accordance

with the requirements of General Safety Regulation 2 (1) of the OHS Act. The Mandatary shall

further ensure that his / her responsible persons and employees wear the PPE issued to them at

all times.

20.2 The Mandatary shall monitor compliance to PPE of his/her own employees at all times, The Client

can at its discretion conduct random PPE compliance inspections and these can be recorded

officially on the Client non-conformance reporting tool.

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

SHE File.

21. Plant, machinery and equipment

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

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

which it/they is/are attended to, and that it/they complies/comply with the requirements of Section

10 of the OHS Act.

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

shall be conducted by the Mandatary and the Client OHS department in order for the risks to be

mitigated prior to the use of such equipment’s. It is the responsibility of the Mandatary to notify

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

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

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

erects or installs at the sites, or manufactures, sells or supplies to or for the Client, complies with

all the prescribed requirements and will be safe and without risks to health and safety when

properly used.

22. Usage of the client’s equipment

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

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

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

to make use of same, have access thereto.

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

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there is an unexpected start up or flow of energy. The Mandatary has a responsibility to apply its

own LOTO procedures before starting with work and post the use of the equipment and

machinery.

23. Permit management

23.1 The Mandatary shall ensure that work for which the issuing of permit to work is required shall not

be performed prior to the obtaining of a duty completed approved permit by the Client or relevant

Authority.

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

to Work to be issued.

24. Transportation

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

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

vehicle shall carry passengers unless it is specifically designed to do so. All drivers shall adhere

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

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

passenger must have a separate seat belt.

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

Mandatary shall ensure that the requirements of the Hazardous Substances Act are

complied with fully all times.

25. Clarification

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

agreement, he / she should contact the Client OHS Department.

26. Duration of agreement

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

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

27. Non-compliance with the agreement

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

the Fourteen (14) days’ notice in writing to remedy such non-compliance and if the Mandatary fails to

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

to any other rights or remedies which the Mandatary may have in law,

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

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

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

deviation, then the Client is authorised to suspend the main contract without complying

with the condition stated in clause above.

11.2 The following matters will be

included in the Risk Register

• Access to Site, permit to work
• Health and safety
• Site Constraints and Constructability
• Hazards on airside
• Weather conditions
• Existing services
• Project Program delay
• Impact on operations
• Stakeholder management

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

11.2 The Site Information is in Part C4 ‘Works Information’ section of this contract

11.2 The boundary of the site is O.R Tambo International Airport (Landside and airside)

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

of

13.1 The language of this contract is English

13.3 The period of reply is Seven (7) days

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:

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

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

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

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. 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 as

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

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

the Construction Regulations

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

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

Name:

Job:

Part c1: agreements and contract data

C1.5: Occupational health and safety agreement

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

), AS AMENDED & CONSTRUCTION REGULATION 5.1(k)

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

1. The Occupational Health & Safety (Act ), as amended and its regulations and
2. The Compensation for Occupational Injuries & Diseases Act (Act ) also known as the

(COID Act).

3. Construction Regulations 2014

plant.

1.2 “Client” refers to ACSA;

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

context indicates;

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

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

proximity where there is an interface with ACSA operations;

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

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

as amended; and

1.7 “SHE” means Safety, Health and Environment.

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

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

2. Section 37 of the Occupational Health & Safety Act potentially punishes Employers for unlawful

acts or omissions of Mandatories where a Written Agreement between the parties has not been

concluded containing arrangements and procedures to ensure compliance with the said Act BY

relevant provisions of the Occupational Health & Safety Act (OHS Act) and applicable

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

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

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

such compliance with the OHS Act. Without derogating from the generality of the above, or from

the provisions of the said agreement, the Mandatary shall ensure that the clauses as hereunder

described are at all times adhered to by himself / herself and his / her employees.

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

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

4.1 The Mandatary shall ensure that a baseline risk assessment is performed by a competent person

before commencement of any work in the Client’s premises. A baseline risk assessment

document will include identification of hazards and risk, analysis and evaluation of the risks and

hazards identified, a documented plan and safe work procedures to mitigate, reduce or control

the risks identified, and a monitoring and review plan of the risks and hazards.

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

the latest version on the SHE File.

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

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

provisions pertinent to the work that is to be performed under his / her responsibility. Copies of

any appointments and certificates made by the Mandatary shall immediately be provided to the

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

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

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

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

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

to be carried out.

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

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

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

shall, in particular, ensure that all his / her users or operators of any materials, machinery or

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

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

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

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

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

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

otherwise expressly agreed by the Parties in writing.

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

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

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

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

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

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

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

risk.

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

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

risk for prompt action to mitigate.

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

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

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

at all times be entitled to make such an inquiry.

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

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

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

materials, machinery or equipment and facilities.

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

develop and implement mitigation measures to minimize or eliminate such dangers for the

purpose of ensuring a healthy and safe working environment.

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

with such mitigation measures. This includes the lock out tag out processes relating to the use of

machinery.

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

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

adhere to such safe work practices.

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

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

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

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

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

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

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

attend the Employer’s health and safety committee meetings on monthly basis.

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

as per the schedule communicated. In cases where the Mandatary delegated resources are not

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able to attend the meeting, an apology shall be submitted to the Client OHS Manager 24 hours

before the meeting. An alternative representative shall be deployed to attend the meeting on the

half of the Mandatary.

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

12.1 The Mandatary shall ensure that all his / her employees undergo routine medical examinations

and that they are medically fit for the purposes of the work they are to perform.

12.2 Copies of such medical fitness certificates shall be made available to Client as part of the SHE

file for review to ensure that they have been conducted by a reputable Occupational Health

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

specialist Occupational Medical Practitioner. Any other additional medical assessment shall be

conducted in line with risk exposures.

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

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

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

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

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

provisions contained in this clause shall be equally binding upon the subcontractor prior to the

subcontractor commencing with the work. Without derogating from the generality of this

paragraph.:

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

for the scope of work contracted for. This includes that approval of the SHE file, SHE Plans

associated with the work.

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

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

adhered to.

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

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

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

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

which it/they is/are attended to, and that it/they complies/comply with the requirements of Section

10 of the OHS Act.

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

shall be conducted by the Mandatary and the Client OHS department in order for the risks to be

mitigated prior to the use of such equipment’s. It is the responsibility of the Mandatary to notify

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

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

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

erects or installs at the sites, or manufactures, sells or supplies to or for the Client, complies with

all the prescribed requirements and will be safe and without risks to health and safety when

properly used.

22. Usage of the client’s equipment

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

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

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

to make use of same, have access thereto.

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

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

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

vehicle shall carry passengers unless it is specifically designed to do so. All drivers shall adhere

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

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

passenger must have a separate seat belt.

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

agreement, he / she should contact the Client OHS Department.

respective employees will at all times comply with the following conditions:

1. All work performed by the Mandatary on the Client’s premises must be performed under the

close supervision of the Mandatary’s employees who are to be trained to understand the

hazards associated with any work that the Mandatary performs on the Client’s premises.

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

, if the Mandatary assigns any duty in terms of Section 16(2), a copy of such

written assignment shall immediately be forwarded to the Client.

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

the Construction Regulations 2014,

I ........................................ a duly authorised 16.2 Appointee acting for and on behalf of

....................................................... (company name) undertake to ensure that the

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

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

3.1. All ACSA departments shall contact the airport’s ACSA AEMR prior to appointing a service or

maintenance

contractor on the airport.

3.1.1. All new or renewed service and maintenance contractors shall be screened for significant

environmental aspects by the airport’s ACSA AEMR. Refer ACSA EMS Department Determining

Significant Environmental Aspects Procedure - T010 001M. Any new significant environmental

aspects shall be documented in the aspects register, and control measures implemented

accordingly.

3.2. The ACSA AEMR shall decide whether or not the contractor requires formal environmental induction

training based on Point 4.1.1 above. If training is required, it shall be conducted by the relevant

contractor’s responsible person/supervisor prior to commencing work on the airport.

3.3. The ACSA Department responsible for appointing service or maintenance contractors shall append

the ACSA Service and Maintenance Contractors Environmental Terms and Conditions to

Commence Work - EMS 048 permit to tender documents, contract documents, service level

agreements or bill/schedule of quantities specifications. This will allow contractors to accommodate

any unforeseen costs, to minimise environmental risk or ensure compliance. Prior to commencement

of works, contractors shall sign this permit, a copy of which shall be kept by both the responsible

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

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

regularly and on completion of the work.

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C1.6: Environmental Management System

To incorporate all service and maintenance contractors into ACSA’s Environmental Management

System (EMS),

to align activities, products and services with the EMS and ACSA’s Environmental Policy.

The Mandatary hereby indemnifies the Client against any liability, loss, claims or proceedings

whatsoever, whether arising in Common Law or by Statute; consequent personal injuries or the

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death of any person whomsoever (including claims by employees of the Mandatary and their

dependents); or consequent loss of or damage to any moveable or immoveable property arising out

of or caused by or in connection with the execution of the Mandatary’s contract with the Client,

unless such liabilities, losses, claims or proceedings whatsoever are attributable to the Client’s

faults. The Mandatary or his/her employees is liable to prove without reasonable doubt that the loss

is due to the Client’s fault or negligence.

Compliance with the occupational health & safety

Act

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

respective employees will at all times comply with the following conditions:

1. All work performed by the Mandatary on the Client’s premises must be performed under the

close supervision of the Mandatary’s employees who are to be trained to understand the

hazards associated with any work that the Mandatary performs on the Client’s premises.

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

, if the Mandatary assigns any duty in terms of Section 16(2), a copy of such

written assignment shall immediately be forwarded to the Client.

3. The Mandatary shall ensure that he/she familiarise himself/herself with the requirements of

the OHS Act and that s/he and his/her employees and any of his subcontractors

comply with the requirements.

29. Further undertaking

Only a duly authorised representative appointed in terms of Section 16.2 of the OHS Act is eligible to

sign this agreement on behalf of the Mandatary. The signing power of this representative must be

designated in writing. A copy of this letter must be made available to the Client.

The Contract/Project Manager shall sign this agreement as the Client’s representative.

Acceptance by mandatary

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

the Construction Regulations 2014,

I ........................................ a duly authorised 16.2 Appointee acting for and on behalf of

....................................................... (company name) undertake to ensure that the

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

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

Expiry date .................................................................................................

Signature on behalf of mandatary date

(Warrant his authority to sign)

Witnesses:

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Signature on behalf of the client date

Airport company south africa

Witnesses:

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C1.6: Environmental Management System

1. Scope

This procedure is intended for all ACSA Service and Maintenance Contractors whose activities,

products and

services may produce a negative impact on the environment at ACSA Operated Airports.

1. Objective

To incorporate all service and maintenance contractors into ACSA’s Environmental Management

System (EMS),

to align activities, products and services with the EMS and ACSA’s Environmental Policy.

2. Definitions and Abbreviations

Acs

Airports Company South Africa SOC Ltd

Acsa aemr

ACSA Airport Environmental Management Representative

Arffs

Aerodrome Rescue and Fire Fighting Services

Hcs

Handling & Storage of Hazardous Chemical Substances

She

Safety, Health and Environment

Service & Maintenance Contractor

An ACSA appointed service or maintenance provider assigned to carry out repairs, upgrades,

installations and ongoing maintenance of airport infrastructure. Service contractors (e.g. cleansing,

landscaping, pest removal, hygiene, sanitation) or maintenance contractors (e.g. electricians,

plumbers, mechanics) may have long-term contracts or provide services on an ad-hoc basis.

3. Procedure General

3.1. All ACSA departments shall contact the airport’s ACSA AEMR prior to appointing a service or

maintenance

contractor on the airport.

3.1.1. All new or renewed service and maintenance contractors shall be screened for significant

environmental aspects by the airport’s ACSA AEMR. Refer ACSA EMS Department Determining

Significant Environmental Aspects Procedure - T010 001M. Any new significant environmental

aspects shall be documented in the aspects register, and control measures implemented

accordingly.

3.2. The ACSA AEMR shall decide whether or not the contractor requires formal environmental induction

training based on Point 4.1.1 above. If training is required, it shall be conducted by the relevant

contractor’s responsible person/supervisor prior to commencing work on the airport.

3.3. The ACSA Department responsible for appointing service or maintenance contractors shall append

the ACSA Service and Maintenance Contractors Environmental Terms and Conditions to

Commence Work - EMS 048 permit to tender documents, contract documents, service level

agreements or bill/schedule of quantities specifications. This will allow contractors to accommodate

any unforeseen costs, to minimise environmental risk or ensure compliance. Prior to commencement

of works, contractors shall sign this permit, a copy of which shall be kept by both the responsible

ACSA Department and the contractor.

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Deviations (if any), contact the Employer’s agent (whose details are given in the Contract Data) to arrange the

delivery of any securities, bonds, guarantees, proof of insurance and any other documentation to be provided in

terms of the conditions of contract identified in the Contract Data. Failure to fulfil any of these obligations in

accordance with those terms shall constitute a repudiation of this agreement.

Main Option B: Priced contract with Bill of Quantities

Dispute resolution Option W1: Dispute resolution procedure

Secondary Options (incorporating X7: Delay damages

amendments) X13: Performance Bond

X16: Retention

X18: Limitation of liability

Z: Additional conditions of contract

of the NEC3 Engineering and Construction Contract,

April 2013

10.1 The Employer is (Name) Airports Company South Africa SOC Limited

Reg. No 1993/004149/30

VAT No 4930138393

30.1 The access date is One week after contract signing

31.1 The Contractor submits a first XX

(preliminary) programme with the

tender by the tender closing date

32.2 The Contractor submits revised Four (4) weeks

programmes at intervals no

longer than

35.1 The Employer is not willing to The Employer and Others will have access to the works

take over the works before the during construction or prior to completion. Such access by

completion date the Employer and Others shall not relieve the Contractor from

liability for the completion of the works in accordance with the

contract

8 Risks and Insurance Refer to part C1.7

84.1 The Employer provides these Refer to the Insurance Clauses which is attached at the end

insurances of the Contract Data Part C1.7

84.2 The Contractor provides the The Insurance Clauses which is attached at the end of the

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

for insurance in respect of death and Diseases Act No.

of or bodily injury to employees of

the Contractor arising out of and

in the course of their employment

in connection with this contract for

any one event is:

11 Data for Option W1

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

adjudicators contained below

W1.2 The Adjudicator nominating body The current Chairman of Johannesburg Advocate’s Bar

is Council

W1.4 The tribunal is Arbitration

W1.4 If the tribunal is arbitration, the The arbitration procedure is set out in The Rules for the

arbitration procedure is Conduct of Arbitrations 2013 Edition, 7th Edition, published by

The Association of Arbitrators, (Southern Africa)

W1.4 The place where arbitration is to Johannesburg, South Africa.

be held is

W1.4 The person or organisation who The Arbitrator is the person selected by the Parties as and

will choose an arbitrator when a dispute arises in terms of the relevant Z Clause, from

the Panel of Arbitrators provided under the relevant Z clause

if the arbitration procedure does not state who selects an

arbitrator. The Arbitrator nominating body is the Chairman of

the Johannesburg Advocates Bar Council.

X17 Low Service Damages

X17.1 The service level table is in Refer to Annexure B of the Service Information

X16 Retention

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

X18 Limitation of Liability

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X18.1 The Contractor’s liability to the Nil - Neither Party is liable to the other for any consequential

consequential loss is limited to of income or loss of revenue

X18.2 For any one event, the The total of the Prices

Contractor’s liability to the

the Employer’s property is limited

to

X18.3 The Contractor’s total liability to The total of the Prices

the

X18.4 The Contractor’s total liability to The Contractor’s total direct liability to the Employer for all

the Employer for all matters matters arising under or in connection with this contract, other

arising under or in connection than the excluded matters, is limited to the total of the Prices

with this contract, other than and applies in contract, tort or delict and otherwise to the

excluded matters, is limited to extent allowed under the law of the contract.

• Loss of or damage to the Employer’s property,
• Delay damages,
• Defects liability,
• Insurance liability to the extent of the Contractor’s risks
• loss of or damage to property (other than the works, Plant

and Materials),

• death of or injury to a person;
• damage to third party property; and
• infringement of an intellectual property right

Z The Additional conditions of Z1 – Z20

contract are

between Completion and the defects date stated in the Contract Data

Z5 Termination

Z5.1 Add the following to core clause 91.1, at the second main bullet, fifth sub-bullet point, after

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

business recue proceedings”.

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

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

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

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

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

Z7 Limitation of liability:

Insert the following new clause as Option X18.6:

Z7.1 The Employer's liability to the Contractor for the Contractor's indirect or consequential loss is

limited to R0.00

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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

Z8 Cession, delegation and assignment

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

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

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

provisional or not) of the Contractor

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

or entity

Z9 Joint and several liability

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

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

performance of the Contract.

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

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, .

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

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

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

grounds for termination.

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

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

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

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

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

due on termination is A1.

Z11 Confidentiality

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Z14 Intellectual Property

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

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

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

when a dispute arises, from

the Panel of Adjudicators Name Location Contact details

below. The referring party (phone & e mail)

nominates an Adjudicator, Adv. Ghandi Badela Gauteng +27 11 282 3700

which nomination is either [email protected]

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

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

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

Adjudicator, the referring Party [email protected]

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

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

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

who appoints an Adjudicator

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

Adjudicators below SC [email protected]

a

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

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

Adjudicator’s Contract, April

2013

Z16.2 Appointment of the

when a dispute arises from the

Z18.1 The Contractor shall be expected to annually present a compliant BEE Certificate. Failure to do

adhere to these requirements shall be considered a material breach of the conditions of this

Part C1: Agreements and Contract Data

C1.4: Form of Guarantee

security.

At the request of the Principal, we .........................................(name of bank) hereby irrevocably

undertake to pay you, the Employer, any sum or sums not exceeding in total the amount of

....................................(the “Guaranteed Amount”) upon receipt by us of your first written demand

stating that such an amount (or lesser amount) as may be claimed is due and payable to the Employer.

to pay in accordance with the above, subject to the proviso that this Letter will not be interpreted as

extending the Bank’s liability to anything more than the Guaranteed Amount.

Notwithstanding anything to the contrary herein contained, the Bank’s obligation shall be construed as

principal and not as accessory to the contract and shall not be delayed or discharged by the fact that a

dispute exists between the Employer and the Contractor.

We undertake to pay you such Guaranteed Amount upon receipt by us, within such period of 14 days, of

your first written demand stating that such an amount (or lesser amount) as may be claimed is due and

payable to the Employer.

11.2 The Mandatary warrants that they are in possession of the following insurance cover, which cover

shall remain in force whilst they and /or their employees are present on the Client’s premises, or

which shall remain in force for that duration of their contractual relationship with the Client,

whichever period is the longest.

11.3 The Mandatary shall provide the Client with Public Liability Insurance Cover as required by the

11.4 Any other Insurance cover that will adequately makes provision for any possible losses and/or

claims arising from their and /or their Subcontractors and/or their respective employee’s acts

and/or omissions on the Client’s premises.

11.5 The Mandatary shall send updated Letter of Good Standing to the Client as and when the

the Fourteen (14) days’ notice in writing to remedy such non-compliance and if the Mandatary fails to

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

to any other rights or remedies which the Mandatary may have in law,

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

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

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

deviation, then the Client is authorised to suspend the main contract without complying

with the condition stated in clause above.

28. Indemnity