The provision of joint monitoring team of professional services including architectural, structural/civil, electrical, mechanical and qs disciplines to take over the professional scope at king shaka international airport

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

The consultant must be a registered legal entity. The Project Engineer must be a Professionally Registered Engineer (Pr Eng) with a minimum BEng/BSc in Civil Engineering and at least 6 years' experience (3 as Pr Eng). Must provide proof of Professional Indemnity Insurance (R5 million) and Public Liability Insurance (R10 million). Must submit a valid B-BBEE certificate annually. Must agree to and sign the Occupational Health and Safety Agreement (Section 37(2) of OHS Act) and provide all required SHE documentation 7 days before work commencement. The consultant's offer must be valid until the closing date (31 July 2026).

Joint monitoring team professional service providers to review nec 3: professional services contract (psc)

Quality of Work management system, Evaluation criteria (to use during

evaluation), Financial forecast, Project Program, etc.

3 Contract Administration Construction Monitoring - Level 2 Inspection for all Professional Services.

and Inspection

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

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

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

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 always wear the PPE issued to

them.

20.2 The Mandatary shall always monitor compliance to PPE of his/her own employees, 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

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

Part C2 Pricing Data

Part C3 Scope of Work: Works Information

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

Z13.2 The Consultant co-operates with the Employer, facilitates and permits the use of all required

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

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

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

access to access date

1 All As-built Information & existing services Upon award of the project(s)

2 Existing stage 3 documantation Upon award of the project(s)

• The Apron / manoeuvring areas; and
• Area within the airside boundary/perimeter fence, excluding the internal areas of the passenger

terminals, perimeter gatehouses and cargo buildings.

Part C2: Pricing Data

SCM Ref no.: [Category] Project Number [Abstract]

No specific requirements found

B-BBEE Minimum Level: 2

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 always wear the PPE issued to

them.

20.2 The Mandatary shall always monitor compliance to PPE of his/her own employees, 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 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

Part C1: Agreement and Contract Data

Airports company south africa soc limited

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

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 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 always adhere

to the speed limits and road signs on the premises.

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,

Part C1: Agreement and Contract Data

Airports company south africa soc limited

❖ Apply low service damages/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(10) The following matters will be included in the Risk Register

• Occupational Health and Safety
• Availability of as-built information
• Availability of existing stage 3 documents
• Availability of the Geotechnical report
• Access to site and permit to work
• Statutory approvals and ACSA approvals
• Site constraints and constructability
• Notification of claims
• Financial and procurement

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

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

13.1 The language of this contract is English

13.3 The period for reply is 7 days

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

2 The Parties’ main responsibilities

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

access to access date

1 Relevant Engineering, Operational and Maintenance Upon award of the project(s)

Z5 Interpretation of the law

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

stated in this contract by the Parties, the Project Manager, the Supervisor, or the Adjudicator

does not constitute a waiver of rights, and does not give rise to an estoppel unless the Parties

agree otherwise and confirm such agreement in writing.

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

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

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

Part c1: agreements and contract data

C1.3: Occupational health and safety agreement

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

) & CONSTRUCTION REGULATION 5.1(k)

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

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

(COID Act).

3. Construction Regulations 2014

of the 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, National Building regulations

and all unrepealed REGULATIONS promulgated in terms of the former Machinery and

user of the plant

3. Section 37 of the Occupational Health & Safety Act potentially punishes Employers (PRINCIPAL

CONTRACTOR) for unlawful acts or omissions of Mandataries (CONTRACTORS) save where a

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

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

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 always 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.

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.

6.1 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.

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.

Part C1: Agreement and Contract Data

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.

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.

Part C1: Agreement and Contract Data

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

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 files

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

• 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 files, 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.

Part C1: Agreement and Contract Data

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 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

Part C1: Agreement and Contract Data

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

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.

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 always adhere

to the speed limits and road signs on the premises.

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.

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.

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

Part C1: Agreement and Contract Data

of the risks and hazards identified, a documented plan and safe work procedures to mitigate,

reduce or control the risks identified, and a monitoring and review plan of the risks and

hazards.

they inquire into Occupational Health & Safety.

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

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

be designated in writing by the Chief Executive Officer of the Mandatary. A copy of this letter must

be made available to the Client.

2. The Mandatary confirms that he has been informed that he must report to the Client’s

management, in writing anything he/she deems to be unhealthy and /or unsafe. He has versed

his employees in this regard.

3. The Mandatary warrants that he/she shall not endanger the health & safety of the Client’s

employees and other persons in any way whilst performing work on the Client’s premises.

4. The Mandatary understands that no work may commence on the Client’s premises until this

procedure is duly completed, signed and received by 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.....................................

Part C1: Agreement and Contract Data

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.

failure by the Consultant to use the skill and Consultant to submit 12 Months

care normally used by professionals Insurance Certificate of

providing services similar to the services Professional Indemnity

Insurance Cover of R 5

Million

death of or bodily injury to a person (not an Consultant to submit 12 Months

employee of the Consultant) or loss of or Insurance Certificate of

damage to property resulting from an action Insurance for Public

or failure to take action by the Consultant Liability Insurance Cover

for R10 Million

death of or bodily injury to employees of the As prescribed by the

Consultant arising out of and in the course Compensation for

of their employment in connection with this Occupational Injuries and

contract Diseases Act

81.1 The Employer provides insurance cover for the project

82.1 Deductibles:

In the event where the consultant defaults in its insurance obligations, the employer may take insurance

on their own and then deduct the monthly premiums from the consultant.

There is no reference to Contract Data in this section of the core clauses and terms in italics used in

this section are identified elsewhere in this Contract Data.

10 Data for main Option clause

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

11 Data for Option W1

W1.1 The Adjudicator is the person selected by the Parties as and when a dispute arises in terms of the

relevant Z Clause, from the Panel of Adjudicators provided under the relevant Z clause

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

W1.4(2) The tribunal is Arbitration

Part C1: Agreement and Contract Data

Airports company south africa soc limited

W1.4(5) The arbitration procedure is as set out in the Short the Rules for The Conduct of Arbitrations 2013

Edition, 7th Edition Rules of The Association of Arbitrators (Southern Africa).

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

The person or organisation who will choose an arbitrator

if the Parties cannot agree a choice or

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

is the Chairman of the Association of Arbitrators (Southern Africa) or its successor body

12 Data for secondary Option clauses

X7 Delay Damages

Delay damages for each section of the work are calculated as 0.5% of the contract cost per week

delayed

X10 The Employer’s Agent

X10.1 The Employer’s Agent is

Name: Matsobane Teffo

Address:

Airports Company South Africa SOC Limited

King Shaka International Airport,

La Mercy,

KwaZulu-Natal,

4407

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

X11 Termination by Employer

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

in this contract by notifying the Consultant.

X18 Limitation of liability

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

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

The total Direct liability does not exceed 100% of the contract value cumulative total for either party

X18.2 The Consultant’s liability to the Employer for Defects that are not found until after the defects date is

limited to the total of the losses incurred and/or repairs to the damages caused.

X18.3 The end of liability date is the date on which the liability in question prescribes in accordance with the

Prescription Act No. (as amended or in terms of any replacement legislation) for any other

matter.

Additional conditins of contract

Part C1: Agreement and Contract Data

Airports company south africa soc limited

Z1 Estimation of fees

It is specifically recorded that the fees charged by the consultant for services rendered in connection with

and/or under this Contract shall be in terms of:

Z2 Tax invoices

The Consultant’s invoice.

Delete the first sentence of core clause 50.2 and replace with:

Invoices submitted by the Consultant to the Employer include

• the details stated in the Scope to show how the amount due has been assessed, and
• the details required by the Employer for a valid tax invoice.

Delete the first sentence of core clause 51.1 and replace with:

Each payment is made by the Employer within four weeks of receiving the Consultant’s invoice showing

the details which this contract requires or, if a different period is stated in the Contract Data, within the

period stated.

Z3 Communications and Notices

Z3.1 Add to the end of the first sentence in core Clause 13.1:

All notices, notifications, requests, demands or other communications shall be deemed to have reached

the other Party –

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

posting;

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

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

Z4 Appointment of the Adjudicator

An Adjudicator is appointed when a dispute arises, from the Panel of Adjudicators below. The referring

party nominates an Adjudicator, which nomination is either accepted or rejected by the other party. In the

instance of a rejection of the nominated Adjudicator, the referring Party refers the appointment deadlock

to the Chairman of the Johannesburg Bar Council, who appoints an Adjudicator listed in the Panel of

Adjudicators below.

The Parties appoint the Adjudicator under the NEC3 Adjudicator’s Contract, April 2013

Panel of adjudicators

Name Location Contact details (phone & e mail)

Adv. Ghandi Badela Gauteng +27 11 282 3700

[email protected]

Mr. Errol Tate Pr. Eng. Durban +27 11 262 4001

[email protected]

Adv. Saleem Ebrahim Gauteng +27 11 535-1800

[email protected]

Mr. Sebe Msutwana Pr. Eng. Gauteng +27 11 442 8555

Part C1: Agreement and Contract Data

Airports company south africa soc limited

[email protected]

Mr. Sam Amod Gauteng [email protected]

Adv. Sias Ryneke SC Gauteng 083 653 2281

[email protected]

Mr. Emeka Ogbugo Pretoria +27 12 349 2027

(Quantity Surveyor) [email protected]

Z4.1 Appointment of the Arbitrator

An Arbitrator is appointed when a dispute arises from the Panel of Arbitrators below. The referring party

nominates an Arbitrator, which nomination is either rejected or accepted by the either party. In the instance

of a rejection of the nominated Arbitrator, the referring party refers the Appointment deadlock to the

Chairman of the Johannesburg Bar Council, who appoints an Arbitrator listed in the Panel of Arbitrators

below. An appointed Arbitrator shall provide his written award no later than 30 days following the last day

of closing arguments.

Panel of arbitrators

Name Location Contact details (phone & e mail)

Adv. Ghandi Badela Gauteng +27 11 282 3700

[email protected]

Mr. Errol Tate Pr. Durban +27 11 262 4001

Eng. [email protected]

Adv. Saleem Gauteng +27 11 535-1800

Ebrahim [email protected]

Mr. Sebe Msutwana Gauteng +27 11 442 8555

Pr. Eng. [email protected]

Mr. Sam Amod Gauteng [email protected]

Adv. Sias Ryneke Gauteng 083 653 2281

SC [email protected]

Mr. Emeka Ogbugo Pretoria +27 12 349 2027

(Quantity Surveyor) [email protected]

Part C1: Agreement and Contract Data

Airports company south africa soc limited

Z5 Interpretation of the law

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

stated in this contract by the Parties, the Project Manager, the Supervisor, or the Adjudicator

does not constitute a waiver of rights, and does not give rise to an estoppel unless the Parties

agree otherwise and confirm such agreement in writing.

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

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

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

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

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

Z7.1 If the Employer cannot use the works due to a Defect, which arises after Completion and

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

Employer, due to a Defect, is unable to use the works.

Z7.2 If part of the works is replaced due to a Defect arising after Completion and before the defects

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

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

Z7.3 The Project Manager notifies the Consultant of the change to a defect date when the delay

occurs. The period between Completion and an extended defects date does not exceed twice

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

Z8 Termination

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

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

initiate business rescue proceedings”.

Z9 Cession, delegation and assignment

Z9.1 The Consultant shall not cede, delegate or assign any of its rights or obligations to any person

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

withheld.

Z9.2 The Employer may, on written notice to the Consultant, cede and delegate its rights and

obligations under this contract to any person or entity.

Additional z – clauses

Part C1: Agreement and Contract Data

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Z10 Cession, delegation and assignment

Z10.1 The Consultant shall not cede, delegate or assign any of its rights or obligations to any person

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

Z10.2 The Employer may cede and/or delegate its rights and obligations under this contract to any person

or entity and may notify the Consultant prior to such cession and/or delegation taking place.

Z11 Ethics

Z11.1 The Consultant undertakes:

Z not to give or cause any offer, payment, consideration, or benefit of any kind, which constitutes or

Z 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; and

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, .

Z11.2 The Consultant’s breach of this clause constitutes grounds for terminating the Consultant’s

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

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

grounds for termination.

Z11.3 If the Consultant is found guilty by a competent court, administrative or regulatory body of

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

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

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

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

on termination is A1.

Z12 Confidentiality

Z12.1 All information obtained in terms of this contract or arising from the implementation of this contract

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

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

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

Z12.2 If the Consultant is uncertain about whether any such information is confidential, it is to be regarded

as such until otherwise notified by the Project Manager.

Z12.3 This undertaking shall not apply to –

Z Information disclosed to the employees of the Consultant for the purposes of the implementation of

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

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

clause;

Information which the Consultant is required by law to disclose, provided that the Consultant notifies

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

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

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

afforded to the information so disclosed; and

Information which at the time of disclosure or thereafter, without default on the part of the

Consultant, enters the public domain or to information which was already in the possession of the

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

Z12.4 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.

Z12.5 The Consultant ensures that all his Sub-Consultants abide by the undertakings in this clause.

Z13 Employer’s Step-in rights

Z13.1 If the Consultant defaults by failing to comply with his obligations and fails to remedy such default

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

to his other rights, powers and remedies under the contract, may remedy the default either himself or

procure a third party (including any sub-Consultant or supplier of the Consultant) to do so on his behalf.

The reasonable costs of such remedial works shall be borne by the Consultant.

Z13.2 The Consultant co-operates with the Employer, facilitates and permits the use of all required

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

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

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

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

under the contract or otherwise for and/or in connection with the works) and generally does all things

required by the Project Manager to achieve this end.

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 Consultant gives the Employer an irrevocable, transferrable, non-exclusive, royalty free licence to

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

operating and maintaining the works.

Z14.4 The Consultant shall indemnify and hold the Employer harmless against and from any claim alleging

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

Z14.4.1 the Consultant’s design, manufacture, construction or execution of the Works;

Z14.4.2 the use of the Consultant’s Equipment, or

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Airports company south africa soc limited

Z14.4.3 the proper use of the Works.

Z14.5 The Employer shall, at the request and cost of the Consultant, assist in contesting the claim and the

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

arbitration which may arise from it.

Z14.6 The Consultant will not use in whatsoever manner any of the IP of the Employer without the prior

written consent of the Employer.

Z15 Dispute resolution: The following amendments are made to Option W1:

Z15.1 Under clause W1.3, in the fourth row of the first column of the adjudication table, the following words

are added after the words “any other matter”: “excluding disputes relating to termination of the

contract”.

Z15.2 The following clauses are added at the end of clause W1.3:

Z15.2.1 “The Adjudicator shall decide the dispute solely on the written submissions of the parties. No oral

submissions shall be heard during adjudication.”

Z15.2.2 “Disputes relating to or arising from termination of the Contract shall not be determined by an

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

Z16 The Consultant shall be expected to annually present a compliant BEE Certificate. Failure to 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.

Part C1: Agreement and Contract Data

Airports company south africa soc limited

Part C1.2 Contract Data

The conditions of contract are the NEC3 Professional Service Contract, April 2013

Each item of data given below is cross-referenced to the clause in the NEC3 Professional Service Contract

to which it mainly applies.

Part two - Data provided by the Consultant

Clause Statement

10.1 The Consultant is (Name):

Address:

Tel No.:

Fax No.:

Email:

22.1 The Consultant’s key persons are:

1 Name:

Job: Project Engineer

Responsibilities: Overall responsibility of the design and implementation of the project.

Primary liaison with the Client (to be present at all Progress Meetings)

Qualifications: Minimum BEng or BSc in Civil Engineering, and Pr Eng

Experience: Minimum 6 years’ experience, minimum of 3 years experience as a

Professionally Registered Engineer (Pr Eng)

2 Name:

Job: Engineer’s Representative

Responsibilities: Site Monitoring and management

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 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.

Insurance

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

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

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

that the Principal contractor or contractor is in good standing with the Compensation Fund or

Licensed Insurer.

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

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

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

whichever period is the longest.

a. Public Liability Insurance Cover as required by the Subcontract Agreement.

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

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

and/or omissions on the Client’s premises.

Compliance with the occupational health & safety

Act

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.

4. The Mandatary shall ensure that a baseline risk assessment is performed by a competent

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

assessment document will include identification of hazards and risk, analysis and evaluation

Part C1: Agreement and Contract Data

Airports company south africa soc limited

of the risks and hazards identified, a documented plan and safe work procedures to mitigate,

reduce or control the risks identified, and a monitoring and review plan of the risks and

hazards.

5. The Mandatary shall appoint competent persons who shall be trained on any Occupational

Health & Safety aspect pertaining to them or to the work that is to be performed.

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

strictly enforced.

7. Any personal protective equipment required shall be issued by the Mandatary to his/her

employees and shall be worn at all times.

8. Written safe working practices/procedures and precautionary measures shall be made

available and enforced and all employees shall be made conversant with the contents of these

practises.

9. No unsafe equipment/machinery and/or articles shall be used by the Mandatary or contractor

on the Client’s premises.

10. All incidents/accidents referred to in OHS Act shall be reported by the Mandatary to the

Provincial Director: Department of Labour as well as to the Client.

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

of any of the Client’s machinery/article/substance/plant/personal protective equipment without

prior written approval.

12. The Mandatary shall ensure that work for which the issuing of permit is required shall not be

performed prior to the obtaining of a duty completed approved permit.

13. The Mandatary shall ensure that no alcohol or any other intoxicating substance shall be

allowed on the Client’s premises. Anyone suspected to be under the influence of alcohol or

any other intoxicating substance shall not be allowed on the premises. Anyone found on the

premises suspected to be under the influence of alcohol or any other intoxicating substance

shall be escorted off the said premises immediately.

14. Full participation by the Mandatary shall be given to the employees of the Client if and when

they inquire into Occupational Health & Safety.

Further undertaking

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

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

be designated in writing by the Chief Executive Officer of the Mandatary. A copy of this letter must

be made available to the Client.

2. The Mandatary confirms that he has been informed that he must report to the Client’s

management, in writing anything he/she deems to be unhealthy and /or unsafe. He has versed

his employees in this regard.

3. The Mandatary warrants that he/she shall not endanger the health & safety of the Client’s

employees and other persons in any way whilst performing work on the Client’s premises.

4. The Mandatary understands that no work may commence on the Client’s premises until this

procedure is duly completed, signed and received by the Client.

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

contract.

Acceptance by mandatary

In terms of section 37(2) of the Occupational Health & Safety Act 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.....................................

Part C1: Agreement and Contract Data

Airports company south africa soc limited

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

Signature on behalf of mandatary date

(Warrant his authority to sign)

Signature on behalf of the client date

Airport company south africa

Part C1: Agreement and Contract Data

Airports company south africa soc limited

Part C1: Agreements and Contract Data

C1.4: ACSA Insurance Clauses

Insurance clauses for capex projects

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

contracts.

Section a: definitions

Landside refers to:

• Areas of the airport before the security points; and
• The restricted area beyond the security points but, within the perimeter of gatehouses, passenger

terminals and cargo buildings.

Airside refers to:

• The Apron / manoeuvring areas; and
• Area within the airside boundary/perimeter fence, excluding the internal areas of the passenger

terminals, perimeter gatehouses and cargo buildings.

Part C2: Pricing Data

SCM Ref no.: [Category] Project Number [Abstract]

Part C1 Agreements & Contract Data

C1.1 Form of Offer and Acceptance

C1.2a Contract Data provided by the Employer

C1.2b Contract Data provided by the Contractor

C1.3 Pro-forma Guarantee

Part C2 Pricing Data

Part C3 Scope of Work

Part C4 Site Information

C4.1 Site Information

The tenderer shall within two weeks of receiving a completed copy of this agreement, including the Schedule of Deviations (if

any), contact the Employer’s agent (whose details are given in the Contract Data) to arrange the delivery of any securities,

bonds, guarantees, proof of insurance and any other documentation to be provided in terms of the conditions of contract

identified in the Contract Data. Failure to fulfil any of these obligations in accordance with those terms shall constitute a

repudiation of this agreement.

Unless the tenderer (now Consultant) within five working days of the date of such receipt notifies the Employer in writing of

any reason why he cannot accept the contents of this agreement, this agreement shall constitute a binding contract between

the Parties.

Signature(s)

Name(s)

Dispute resolution Option clause : W1

X7 Delay damages

X9 Transfer of rights

X10 Employer’s Agent

X11 Termination by the Employer

X18: Limitation of liability

Z: Additional conditions of contract

of the NEC3 Professional Services Contract , April 2013.

Part C1: Agreement and Contract Data

Refer to C1.4: ACSA Insurance Clauses

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

the services or earlier

termination

failure by the Consultant to use the skill and Consultant to submit 12 Months

care normally used by professionals Insurance Certificate of

providing services similar to the services Professional Indemnity

Insurance Cover of R 5

death of or bodily injury to a person (not an Consultant to submit 12 Months

employee of the Consultant) or loss of or Insurance Certificate of

damage to property resulting from an action Insurance for Public

or failure to take action by the Consultant Liability Insurance Cover

for R10 Million

death of or bodily injury to employees of the As prescribed by the

of their employment in connection with this Occupational Injuries and

contract Diseases Act

81.1 The Employer provides insurance cover for the project

82.1 Deductibles:

on their own and then deduct the monthly premiums from the consultant.

9 Termination

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

11 Data for Option W1

W1.1 The Adjudicator is the person selected by the Parties as and when a dispute arises in terms of the

relevant Z Clause, from the Panel of Adjudicators provided under the relevant Z clause

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

W1.4(2) The tribunal is Arbitration

Part C1: Agreement and Contract Data

4407

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

X11 Termination by Employer

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

in this contract by notifying the Consultant.

X18 Limitation of liability

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

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

The total Direct liability does not exceed 100% of the contract value cumulative total for either party

X18.2 The Consultant’s liability to the Employer for Defects that are not found until after the defects date is

limited to the total of the losses incurred and/or repairs to the damages caused.

X18.3 The end of liability date is the date on which the liability in question prescribes in accordance with the

Prescription Act No. (as amended or in terms of any replacement legislation) for any other

matter.

Z7.2 If part of the works is replaced due to a Defect arising after Completion and before the defects

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

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

Z7.3 The Project Manager notifies the Consultant of the change to a defect date when the delay

occurs. The period between Completion and an extended defects date does not exceed twice

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

Z8 Termination

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

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

initiate business rescue proceedings”.

Z9 Cession, delegation and assignment

Z9.1 The Consultant shall not cede, delegate or assign any of its rights or obligations to any person

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

withheld.

Z9.2 The Employer may, on written notice to the Consultant, cede and delegate its rights and

obligations under this contract to any person or entity.

Additional z – clauses

Part C1: Agreement and Contract Data

reward for the award or in execution of this contract; and

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, .

Z11.2 The Consultant’s breach of this clause constitutes grounds for terminating the Consultant’s

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

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

grounds for termination.

Z11.3 If the Consultant is found guilty by a competent court, administrative or regulatory body of

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

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

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

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

on termination is A1.

Z12 Confidentiality

Z12.1 All information obtained in terms of this contract or arising from the implementation of this contract

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

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

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

Z12.2 If the Consultant is uncertain about whether any such information is confidential, it is to be regarded

as such until otherwise notified by the Project Manager.

Z12.3 This undertaking shall not apply to –

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

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

under the contract or otherwise for and/or in connection with the works) and generally does all things

required by the Project Manager to achieve this end.

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 Consultant gives the Employer an irrevocable, transferrable, non-exclusive, royalty free licence to

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

operating and maintaining the works.

Z14.4 The Consultant shall indemnify and hold the Employer harmless against and from any claim alleging

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

Z14.4.1 the Consultant’s design, manufacture, construction or execution of the Works;

Z14.4.2 the use of the Consultant’s Equipment, or

Part C1: Agreement and Contract Data

Z14.4.3 the proper use of the Works.

Z14.5 The Employer shall, at the request and cost of the Consultant, assist in contesting the claim and the

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

arbitration which may arise from it.

Z14.6 The Consultant will not use in whatsoever manner any of the IP of the Employer without the prior

written consent of the Employer.

Z15 Dispute resolution: The following amendments are made to Option W1:

Z15.1 Under clause W1.3, in the fourth row of the first column of the adjudication table, the following words

are added after the words “any other matter”: “excluding disputes relating to termination of the

contract”.

Z15.2 The following clauses are added at the end of clause W1.3:

Z15.2.1 “The Adjudicator shall decide the dispute solely on the written submissions of the parties. No oral

submissions shall be heard during adjudication.”

Z15.2.2 “Disputes relating to or arising from termination of the Contract shall not be determined by an

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

Z16 The Consultant shall be expected to annually present a compliant BEE Certificate. Failure to 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.

Part C1: Agreement and Contract Data

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

❖ Apply low service damages/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

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

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

whichever period is the longest.

a. Public Liability Insurance Cover as required by the Subcontract Agreement.

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

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

and/or omissions on the Client’s premises.

Part C1: Agreements and Contract Data

C1.4: ACSA Insurance Clauses

1 Detailed Design Review and finalize the existing Stage 3 submission (Detailed Design Report

Submit the complete Stage 3 Report for approval by the Client.

Quality of Work management system, Evaluation criteria (to use during

evaluation), Financial forecast, Project Program, etc.

• Availability of existing stage 3 documents

at end of each stage as described in the Scope and