Routine road maintenance consulting services – limpopo national routes r36, r71, r529, r523, r578 (SANRAL contracts X.002-180-2024/1RF & X.002-183-2024/1RF)

The document which defines the Employer’s objectives and requirements and specifies the Services

which must, or may, be provided under the Contract.

Service Provider

The contracting party named in the Contract Data who is employed by the Employer to perform the

Services described in the Contract, and legal successors to the Service Provider and legally permitted

assignees.

Services

The work to be performed by the Service Provider pursuant to the Contract as described in the Scope of

Work.

Sub-contractor

A person or body corporate who enters into a sub-contract with the Service Provider to perform part of

the Services.

Targeted Enterprise

A Consulting Engineering Firm who is an EME (BEP)* or QSE (BEP)*, contracted by the Service Provider

to perform a tendered percentage of work stated in the Contract Data under his guidance and which

complies with the following:

a) is at least 51% owned by black people: and

b) has a B-BBEE status* of “level one or level two contributor’; and

c) does not share equity holding with the Service Provider; and

d) is registered in terms of the Companies Act, 2008 (Act No. ) or Close Corporation Act, 1984

(Act No. ); and

e) is registered on the National Treasury’s Central Supplier Database (CSD).

• NOTE: All references to EME, QSE, B-BBEE status are in terms of the amended Construction

Sector Codes published in Notice in Government Gazette No 41287 on 1

December 2017.

Technical Proposal

The Key Persons proposed by the Service Provider to undertake the respective functions/duties as

defined under the Contract.

Transferred Road

A provincial or other public road, road section or related asset that is declared or incorporated into the

national road network and is formally handed over to SANRAL, or that the Employer instructs the Service

Provider in writing to assess or manage pending such transfer, subject to the Contract’s variation and

payment provisions.

Works or Works Contract

That project or part of a project that the employer wishes to have delivered and for which the service

provider has been appointed for the performance of the services specified in this contract.

Youth

For purposes of this contract, Youth means persons between the ages of 16 and 35.

2. Interpretation

2.1 Unless inconsistent with the context, an expression which denotes:

a) any gender includes the other genders;

b) a natural person includes a juristic person and vice versa;

c) the singular includes the plural and vice versa.

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2.2 The documents forming the Contract are to be taken as mutually explanatory of one another. For the

purposes of interpretation, the priority of documents shall be in accordance with the following

sequence:

a) the Form of Acceptance

b) the Form of Offer

c) the Contract Data

d) the General Conditions of Contract

e) the Scope of Work

f) the Pricing Schedule and any other documents forming part of the Contract.

2.3 If there is any conflict between the provisions of these General Conditions of Contract and the Contract

Data, the provisions of the Contract Data shall prevail.

2.4 The clause headings shall not limit, alter or affect the meaning of the Contract.

3. General

3.1 Governing laws

“Law” means all national (or other spheres of Government) legislation, statutes, ordinances and other

laws including the South African Common Law, and regulations and by-laws of any legally constituted

public authority.

3.2 Change in legislation

If after the commencement of the Contract, the cost or duration of the Services is altered as a result

of changes in, or additions to, any statute, regulation or bye-law, or the requirements of any authority

having jurisdiction over any matter in respect of the Project, then the Contract Price and time for

completion shall be adjusted in order to reflect the impact of those changes, provided that, within 14

days of first having become aware of the change, the Service Provider furnished the Employer with

detailed justification for the adjustment to the Contract Price.

3.3 Language

3.3.1 The language of the Contract and of all communications between the Parties shall be English.

3.3.2 All reports, recommendations and reports prepared by the Service Provider under the Contract shall

be in English.

3.4 Notices

3.4.1 Any notice, request, consent or other communication under the Contract shall be in writing and

delivered by hand, courier, registered post or email to the address stated in the Contract Data. A hand

or courier delivery is effective when acknowledged at that address; registered post is effective seven

(7) days after posting; and email is effective when transmitted without a delivery-failure notice,

provided that a notice of default, termination or dispute is also delivered by hand, courier or registered

post.

3.4.2 If the sender requires evidence of receipt, he shall state such requirement in his communication and,

wherever there is deadline for the receipt of the communication, he may demand evidence of receipt

of his communication. In any event, the sender shall take all the necessary measures to ensure receipt

of communications.

3.4.3 A Party may change its address for receipt of communications by giving the other Party 30 days

advance notice of such change.

3.5 Location

The Services shall be performed at such locations as are specified in the Contract Data, and where

the location of a particular task is not so specified, at such locations as the Employer may approve.

3.6 Publicity and publication

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Unless otherwise agreed, the Service Provider shall not release public or media statements or publish

material related to the Services or Project within two (2) years of completion of the Services without

the written approval of the Employer, which approval shall not be unreasonably withheld.

3.7 Confidentiality

Both Parties shall keep all commercially sensitive information obtained by them in the context of the

Contract confidential and shall not divulge it without the written approval of the other Party except to

the extent strictly necessary to carry out obligations under this Contract or to comply with applicable

laws.

3.8 Variations

3.8.1 The Employer may, without changing the objectives or fundamental scope of the Contract, order

variations to the Services or may request the Service Provider to submit proposals, including the time

and cost implications, for variations to the Services. No variation shall have any force or effect unless

reduced to writing and signed by both Parties.

3.8.2 The reasonable cost of preparation and submission of such proposals and the incorporation into the

Contract of any variations to the Services ordered by the Employer, including any change in the

Contract Price, shall be agreed in writing between the Service Provider and the Employer, prior to the

change being implemented.

3.8.3 Where a variation is necessitated by default or breach of Contract by the Service Provider, any

additional cost attributable to such variation shall be borne by the Service Provider.

3.9 Sole agreement

The Contract constitutes the sole agreement between the Parties for the performance of the Services

and no representation not contained therein shall be of any force or effect. No amendments will be of

any force or effect unless reduced to writing and signed by both Parties.

3.10 Indemnification

The Service Provider shall, at his own expense, indemnify, protect and defend the Employer, its agents

and employees, from and against all actions, claims, losses and damage arising from any wilful or

negligent act or omission by the Service Provider or his sub-contractors in the performance of the

Services, including any violation of legal provisions, or rights of others, in respect of patents,

trademarks and other forms of intellectual property such as copyrights.

3.11 Penalty

3.11.1 In the event that due to his negligence, or for reasons within his control, the Service Provider does not

perform the Services within the Period of Performance, the Employer shall without prejudice to his

other remedies under the Contract, be entitled to levy a penalty for every day or part thereof, which

shall elapse between the end of the period specified for performance, or an extended Period of

Performance, and the actual date of completion, at the rate and up to the maximum amount stated in

the Contract Data.

3.11.2 If the Employer has become entitled to the maximum penalty amount referred to in 3.11.1, he may

after giving notice to the Service Provider:

a) terminate the Contract

b) complete the Services at the Service Provider’s cost.

3.11.3 In the event that due to his negligence or for reasons within his control, the Service Provider does not

disclose sub-contracting arrangements, the Employer may be entitled to levy a penalty as stated in

the Contract Data.

3.11.4 In the event that due to his negligence or for reasons within his control, the Service Provider does not

perform the service of capturing structures inventory updates, the Employer shall be entitled to levy a

penalty as stated in the Contract Data.

3.11.5 In the event that the draft documentation and/or design is of sub-standard/poor quality, the Employer

shall be entitled to levy a penalty for the additional time spent by the Employer to correct the

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documentation and/or design to the required acceptable standard at the hourly tariffs as specified

under Additional Duties.

3.12 Equipment and materials furnished by the Employer

3.12.1 Equipment and materials made available to the Service Provider by the Employer, or purchased by

the Service Provider with funds provided by the Employer for the performance of the Services shall be

the property of the Employer and shall be marked accordingly. Upon termination or expiration of the

Contract, the Service Provider shall make available to the Employer an inventory of such equipment

and materials and shall dispose of them in accordance with the Employer’s instructions.

3.12.2 Unless otherwise stated in the Contract Data, the Service Provider shall, at his own expense, insure

the equipment and materials referred to in 3.12.1 for their full replacement value.

3.13 Illegal and impossible requirements

The Service Provider shall notify the Employer immediately, should he become aware that the Contract

requires him to undertake anything which is illegal or impossible.

3.14 Programme

3.14.1 The Service Provider shall, within the time period set out in the Contract Data, submit to the Employer

a programme for the performance of the Services which shall, inter alia, include:

a) the order and timing of operations by the Service Provider and any actions required of the

Employer and Others;

b) the dates by which the Service Provider plans to complete work needed to allow the Employer

and Others to undertake work required of them; and

c) other information as required in terms of the Scope of Work or Contract Data.

3.14.2 The Employer may, during the course of the Contract, request the Service Provider to amend the

programme. Where this is not practicable, the Service Provider shall advise the Employer accordingly

and advise him of alternative measures, if any, which might be taken.

3.14.3 The Service Provider shall regularly update the programme to reflect actual progress to date and

expected future progress.

3.15 Severability

If a court of competent jurisdiction holds that any provision of this Contract is severable by reason of

it being invalid, illegal, unlawful or unenforceable and as a consequence of which prevents the

accomplishment of the purpose of this Contract, the Employer and the Service Provider shall meet

and review the matter to adopt means to fulfil the purpose of the Contract.

3.16 Waiver

No defence of a waiver of any of the provisions of this contract shall be effective unless it is expressly

stated in writing, by the Party against whom such defence is raised, to be a waiver of such provisions

and is communicated to the other Party in writing in accordance with the provisions of Clause 3.4.

4. Employer’s obligations

4.1 Information

4.1.1 The Employer shall timeously provide to the Service Provider, free of cost, all available information

and data in the Employer’s possession which may be required for the performance of the Services.

4.1.2 The Employer shall provide the Service Provider with any assistance required in obtaining other

relevant information that the latter may require in order to perform the Services.

4.1.3 The Service Provider shall be entitled to rely on the accuracy and completeness of all information

furnished by or on behalf of the Employer.

4.2 Decisions

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The Employer shall, within a reasonable time, give his decision on any matter properly referred to him

in writing by the Service Provider so as not to delay the performance of Services.

4.3 Assistance

The Employer shall co-operate with the Service Provider and shall not interfere with or obstruct the

proper performance of the Services. The Employer shall as soon as practicable:

4.3.1 authorise the Service Provider to act as his agent insofar as may be necessary for the performance of

the Services;

4.3.2 provide all relevant data, information, reports, correspondence and the like, which become available;

4.3.3 procure the Service Provider’s ready access to premises, or sites, necessary for the performance of

the Services;

4.3.4 assist in the seeking of all approvals, licenses and permits from state, regional and municipal

authorities having jurisdiction over the Project, unless otherwise stated in the Contract Data;

4.3.5 designate in writing a person to act with his complete authority in giving instructions and receiving

communications on his behalf and interpreting and defining his policies and requirements in regard to

the Services.

4.4 Services of Others

4.4.1 The Employer shall, at his own cost, engage such Others as may be necessary for the execution of

work necessary for the completion of the Project, but not included in the Services.

4.4.2 The Employer shall not enter into an agreement or contract with Others which describes any of the

duties and responsibilities of the Service Provider in terms of the Contract or which imposes obligations

on him, without first obtaining the Service Provider’s written agreement thereto.

4.5 Notice of change by Employer

On becoming aware of any matter which will materially change, or has changed, the scope, cost or

timing of the Services, or on becoming aware of any defect or deficiency in the Services, the Employer

shall immediately advise the Service Provider thereof.

4.6 Issue of instructions

Where the Service Provider is required to administer the work or services of Others, or any contract

or agreement, on behalf of the Employer, then the Employer shall issue instructions related to such

work, services, contract or agreement only through the Service Provider.

4.7 Payment of Service Provider

The Employer shall pay the Service Provider the Contract Price in accordance with the provisions of

the Contract.

5. Service provider’s obligations

5.1 General

5.1.1 The Service Provider shall perform the Services in accordance with the Scope of Work with all

reasonable care, diligence and skill in accordance with generally accepted professional techniques

and standards and shall be responsible for breach of professional duty by reason of any error, omission

or neglect in connection with delivering the services

5.1.2 Where the Services include the exercise of powers to certify, decide or otherwise exercise discretion

in regard to a contract or agreement between the Employer and Others, then the Service Provider

shall act in respect of that contract or agreement as an independent professional

5.1.3 If the Service Provider is a joint venture or consortium of two or more persons, the Service Provider

shall designate one person to act as leader with authority to bind the joint venture or consortium.

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Neither the composition nor the constitution of the joint venture or consortium shall be altered without

the prior consent in writing of the Employer, which shall not be unreasonably withheld.

5.1.4 Unless otherwise instructed in writing, the Service Provider is appointed as the Employer’s mandatary

for the purposes of section 37(2) of the Occupational Health and Safety Act, 1993 (Act No. ),

and as the Client’s agent in terms of regulation 5(5) of the Construction Regulations, 2014. The Service

Provider shall perform the duties in regulations 5(6) and 5(7), and the designer duties in regulation 6

where applicable.

5.1.5 The Service Provider, if requested by the Employer, shall provide any plans and calculations for

checking by Others.

5.1.6 All design calculations shall be kept and safeguarded for the duration of the insurance(s) required in

terms of clause 5.4.1.

5.2 Exercise of authority

5.2.1 The Service Provider shall have no authority to relieve Others appointed by the Employer to undertake

work on the Project of any of their duties, obligations, or responsibilities under their respective

agreements or contracts, unless expressly authorised by the Employer in response to an application

by the Service Provider in writing to do so.

5.2.2 Whenever necessary to enter upon land for the performance of the Contract the service Provider shall

do so in accordance with the provisions of the SANRAL Act, (Act ) and shall indemnify the

Employer from all costs arising from any transgression committed by the Service Provider.

5.3 Designated representative

The Service Provider shall designate in writing a person to act as his representative and such person

shall have complete authority to receive instructions from and give information to the Employer on

behalf of the Service Provider.

5.4 Insurances to be taken out by the Service Provider

5.4.1 The Service Provider shall, at his own cost, unless otherwise agreed, take out and maintain in force

such insurance policies in respect of their own risks in performing the Services as are stipulated in the

Contract Data, subject to the approval of the Employer, which approved shall not be unreasonably

withheld.

5.4.2 The Service Provider shall, at the Employer’s request, provide evidence to the Employer showing that

the insurance required in terms of Clause 5.4.1 has been taken out with an insurance company

registered in the Republic of South Africa, or as otherwise approved by the Employer and maintained

in force.

5.5 Service Provider’s actions requiring Employer’s prior approval

The Service Provider shall obtain the Employer’s prior approval in writing before taking, inter alia, any

of the following actions:

a) appointing Sub-contractors for the performance of any part of the Services,

b) appointing Key Persons not listed by name in the Contract Data.

c) any other action that may be specified in the Contract Data.

5.6 Co-operation with Others

If the Service Provider is required to perform the Services in co-operation with Others he may make

recommendations to the Employer in respect of the appointment of such Others. The Service Provider

shall, however, only be responsible for his own performance and the performance of sub-contractors

unless otherwise provided for.

5.7 Notice of change by Service Provider

On becoming aware of any matter which will materially change or has changed the scope, cost or

timing of the Services, the Service Provider shall give notice thereof to the Employer, save that the

Service Provider is empowered to make minor changes or variations within the overall programme or

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budget and within such parameters as are defined by the Employer, provided that such changes are

reported timeously to the Employer.

5.8 Safeguarding the Employer’s data

5.8.1 The Parties shall take reasonable precautions (each having regard to the nature of the other‘s

respective obligations under the Contract) to preserve the integrity of the Employer’s data including

appropriate back-up procedures.

5.8.2 In the event that the Employer’s data is corrupted or lost as a result of any default by the Service

Provider, the Employer shall at the Service Provider’s expense, have the option to:

• require the Service Provider to restore or procure the restoration of such data; or;
• itself restore or procure restoration of such data.

5.8.3 The Service Provider shall process personal information and protect Employer data in accordance with

the Protection of Personal Information Act, 2013 (Act No. ), applicable cybersecurity

requirements and the Employer’s information-security policies. Access shall be limited to authorised

persons, information shall be used only for the Contract, and any actual or suspected loss,

unauthorised access or security compromise shall be reported to the Employer immediately. On

completion or termination, the Service Provider shall return or securely destroy information as

instructed, subject to lawful record-retention requirements.

5.9 Performance Security

Where required, the Service Provider shall obtain (at his cost) a Performance Security for proper

performance in the amount and currencies stated in the Contract Data. If an amount is not stated in

the Contract Data, this sub-clause shall not apply.

The Service Provider shall deliver the Performance Security to the Employer within 14 days of the date

of issue of the Letter of Acceptance. The Performance Security shall be issued by an insurance

company or bank registered or licensed as an insurance company or bank to do business in the

Republic of South Africa and approved by the Employer and having an office or banking facility in the

Republic of South Africa. The Performance Security shall be subject to approval by the Employer and

shall be in the form prescribed in the tender documents.

6. Conflicts of interest, corruption and fraud

6.1 Service Provider not to benefit from commissions, discounts, etc.

The remuneration of the Service Provider under the Contract shall constitute the Service Provider’s

sole remuneration in connection with the Contract, or the Services, and the Service Provider shall not

accept for his own benefit any trade commission, discount, or similar payment in connection with

activities pursuant to the Contract, or in the discharge of his obligations under the Contract, and shall

use his best efforts to ensure that the Personnel, any Sub-contractors, and agents of either of them

shall, similarly, not receive any additional remuneration.

6.2 Royalties and the like

The Service Provider shall not have the benefit, whether directly or indirectly, of any royalty or of any

gratuity or commission in respect of any patented or protected article or process used in or for the

purposes of the Contract, or Project, unless so agreed by the Employer in writing.

6.3 Independence

The Service Provider shall refrain from entering into any relationship which could be perceived as

compromising his independence of judgment, or that of Subcontractors or Personnel.

6.4 Corruption and Fraud

6.4.1 The Service Provider shall neither:

(a) Offer or give or agree to give any person of the Employer any gift or consideration of any kind as

an inducement or reward for doing or forbearing to do or for having done or forebore to do any

act in relation to the obtaining or performance of this contract or any other contract with the

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Employer or for showing or forbearing to show favour or disfavour to any person in relation to this

contract; nor

(b) Enter into this contract if in connection with it commission or a reward of any type has been paid,

offered or agreed to be paid to any person of the Employer by the Service Provider or on his

behalf or knowledge.

6.4.2 In the event that the Employer, in good faith and on reasonable grounds, comes to the opinion, that a

breach of any of the provisions of Clause 6.4.1 has been perpetrated by the Service Provider or anyone

employed by him or acting on his behalf in relation to this contract or any other agreement with the

Employer, the Employer may:

(a) summarily suspend the operation of this Contract by notice in writing to the Service Provider,

informing him of the Employer’s opinion and the grounds and reasons upon which it is based, and

calling upon the Service Provider to show cause, in writing, within fourteen (14) days of receipt of

the written notice why the Employer should not terminate this Contract on the grounds of the

alleged breach(es) of Clause 6.4.1 of this Contract;

(b) withhold all payments due;

(c) terminate this Contract by notice in writing to the Service Provider, if the Service Provider fails to

respond to the Employer’s written response, to satisfy the Employer that his opinion is unfounded.

Provided always that such termination shall not prejudice or affect any right of action or remedy,

which shall have accrued or shall accrue thereafter to the Employer and provided also that the

Employer may recover from the Service Provider such sum as the Employer deems equivalent to

the amount or value of any such gift, consideration or commission.

6.4.3 In the event that the Employer, in good faith and on reasonable grounds, comes to the opinion that

any contract with a Government or public sector body has been or was obtained by the Service

Provider through actions that mutatis mutandis are similar in nature to those barred in terms of Clause

6.4.2 by the Service Provider or by anyone employed by the Service Provider or acting on the Service

Provider’s behalf in relation to such Contract, the Employer may:

(a) summarily suspend the operation of this Contract by notice in writing to the Service Provider,

informing him of the Employer’s opinion and the grounds and reasons upon which it is based,

and calling upon the Service Provider to show cause, in writing within fourteen (14) days of

receipt of the written notice why the Employer should not terminate this Contract on the

grounds of the alleged breach(es) of Clause 6.4.1 of this contract;

(b) withholds all payments due

(c) terminate this Contract by notice in writing to the Service Provider, if the Service Provider fails

to respond to the Employer’s written notice within the prescribed time, or fails, in his written

response, to satisfy the Employer that this opinion is unfounded. Provided always that such

termination shall not prejudice or affect any right of action or remedy, which shall have accrued

or shall accrue thereafter to the Employer.

7. Service provider’s personnel

7.1 Provision of Personnel

7.1.1 The Service Provider shall provide appropriate Personnel for such time periods as required in terms

of the Contract and shall enter all data pertaining to Personnel including titles, job descriptions, quali-

fications and estimated periods of engagement on the performance of the Services in the Personnel

Schedule.

7.1.2 The Services shall be performed by the Personnel listed in the Personnel Schedule for the periods of

time indicated therein. The Service Provider may, subject to the approval of the Employer, make such

adjustments to the data provided in terms of Clause 7.1.1 above as may be appropriate to ensure the

efficient performance of the Services, provided that the adjustments will not cause payments to exceed

any limit placed on the Contract Price.

7.1.3 The Service Provider shall:

(a) forward to the Employer for approval, within 15 days of the award of the Contract, the Personnel

Schedule and a timetable for the placement of Personnel.

(b) inform the Employer of the date of commencement and departure of each member of Personnel

during the course of the Project.

(c) submit to the Employer for his approval a timely request for any proposed change to Personnel,

or timetables.

7.2 Staff and equipment

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7.2.1 The Service Provider shall employ and provide all qualified and experienced Personnel required to

perform the Services.

7.2.2 Where required in terms of the Contract, the Service Provider shall provide Key Persons as listed in

the Contract Data to perform specific duties. If at any time, a particular Key Person cannot be made

available, the Service Provider may engage a replacement who is equally or better qualified to perform

the stated duty, subject to the Employer’s approval, which approval shall not be unreasonably withheld.

7.2.3 Where the Service Provider proposes to utilise a person not named in the Personnel Schedule, he

shall submit the name, relevant qualifications and experience of the proposed replacement person to

the Employer for approval.

7.2.4 Where the fees for the Services are time-based, the fee payable for a person provided as a replace-

ment shall not exceed that which would have been payable to the person replaced.

7.2.5 Except in the case of replacement resulting from death or where the Employer requests a replacement

not provided for by the Contract, the Service Provider shall bear all additional costs arising out of or

incidental to such replacement.

7.2.6 The Service Provider shall take all measures necessary and shall provide all materials and equipment

necessary to enable Personnel to perform their duties in an efficient manner.

7.3 Working hours, overtime and leave

Where the fee for the Services are time-based, working hours, leave entitlement and holidays for

Personnel provided in terms of Clause 7 are to be as stated in the Contract Data, or, if not stated, to

be determined by the Service Provider. The Employer will not be responsible for overtime payments

to Personnel unless so specifically provided for in the Pricing Schedule.

8. Commencement, completion, modification suspension and termination of the

Contract

8.1 Commencement

The effective date of the contract shall be the date of the Form of Acceptance.

The Contract shall come into effect on the date that it is signed by both Parties or such later date as

may be stated in the Contract Data. The Service Provider shall commence the performance of the

Services within thirty (30) days after the date that the Contract becomes effective, or such date as may

be specified in the Contract Data. The supervision phase shall commence on the date confirmed by

the Employer at the Works Contract hand-over meeting.

8.2 Completion

8.2.1 Unless terminated in terms of the Contract, or otherwise specified in the Contract Data, the Contract

shall be concluded when the Service Provider has completed all Deliverables in accordance with the

Scope of Work.

8.2.2 The Service Provider, may request an extension to the Period of Performance if he is or will be delayed

in completing the Contract by any of the following causes:

a) variations to Services ordered by the Employer.

b) failure of the Employer to fulfil his obligations under the Contract.

c) any delay in the performance of the Services which is not due to the Service Provider’s default.

d) Force Majeure

8.2.3 The Service Provider shall within 14 days of becoming aware that a delay may occur, notify the

Employer of his intention to make a request for the extension of the Period of Performance to which

he considers himself entitled and shall within 30 days thereafter deliver to the Employer full and

detailed particulars of the request, in order that it may be investigated at the time.

8.2.4 The Employer shall, within 30 days of receipt of a detailed request, grant such extension to the Period

of Performance as may be justified, either prospectively or retrospectively, or inform the Service

Provider that he is not entitled to an extension. Should the Service Provider find the decision of the

Employer to be unacceptable he shall, nevertheless, abide by such decision in the performance of the

services and the matter shall be dealt with as a dispute in terms of Clause 12.

The document which defines the Employer’s objectives and requirements and specifies the Services

which must, or may, be provided under the Contract.

Service Provider

The contracting party named in the Contract Data who is employed by the Employer to perform the

Services described in the Contract, and legal successors to the Service Provider and legally permitted

assignees.

Services

The work to be performed by the Service Provider pursuant to the Contract as described in the Scope of

Work.

Sub-contractor

A person or body corporate who enters into a sub-contract with the Service Provider to perform part of

the Services.

Targeted Enterprise

A Consulting Engineering Firm who is an EME (BEP)* or QSE (BEP)*, contracted by the Service Provider

to perform a tendered percentage of work stated in the Contract Data under his guidance and which

complies with the following:

a) is at least 51% owned by black people: and

b) has a B-BBEE status* of “level one or level two contributor’; and

c) does not share equity holding with the Service Provider; and

d) is registered in terms of the Companies Act, 2008 (Act No. ) or Close Corporation Act, 1984

(Act No. ); and

e) is registered on the National Treasury’s Central Supplier Database (CSD).

• NOTE: All references to EME, QSE, B-BBEE status are in terms of the amended Construction

Sector Codes published in Notice in Government Gazette No 41287 on 1

December 2017.

Technical Proposal

The Key Persons proposed by the Service Provider to undertake the respective functions/duties as

defined under the Contract.

Transferred Road

A provincial or other public road, road section or related asset that is declared or incorporated into the

national road network and is formally handed over to SANRAL, or that the Employer instructs the Service

Provider in writing to assess or manage pending such transfer, subject to the Contract’s variation and

payment provisions.

Works or Works Contract

That project or part of a project that the employer wishes to have delivered and for which the service

provider has been appointed for the performance of the services specified in this contract.

Youth

For purposes of this contract, Youth means persons between the ages of 16 and 35.

2. Interpretation

2.1 Unless inconsistent with the context, an expression which denotes:

a) any gender includes the other genders;

b) a natural person includes a juristic person and vice versa;

c) the singular includes the plural and vice versa.

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2.2 The documents forming the Contract are to be taken as mutually explanatory of one another. For the

purposes of interpretation, the priority of documents shall be in accordance with the following

sequence:

a) the Form of Acceptance

b) the Form of Offer

c) the Contract Data

d) the General Conditions of Contract

e) the Scope of Work

f) the Pricing Schedule and any other documents forming part of the Contract.

2.3 If there is any conflict between the provisions of these General Conditions of Contract and the Contract

Data, the provisions of the Contract Data shall prevail.

2.4 The clause headings shall not limit, alter or affect the meaning of the Contract.

3. General

3.1 Governing laws

“Law” means all national (or other spheres of Government) legislation, statutes, ordinances and other

laws including the South African Common Law, and regulations and by-laws of any legally constituted

public authority.

3.2 Change in legislation

If after the commencement of the Contract, the cost or duration of the Services is altered as a result

of changes in, or additions to, any statute, regulation or bye-law, or the requirements of any authority

having jurisdiction over any matter in respect of the Project, then the Contract Price and time for

completion shall be adjusted in order to reflect the impact of those changes, provided that, within 14

days of first having become aware of the change, the Service Provider furnished the Employer with

detailed justification for the adjustment to the Contract Price.

3.3 Language

3.3.1 The language of the Contract and of all communications between the Parties shall be English.

3.3.2 All reports, recommendations and reports prepared by the Service Provider under the Contract shall

be in English.

3.4 Notices

3.4.1 Any notice, request, consent or other communication under the Contract shall be in writing and

delivered by hand, courier, registered post or email to the address stated in the Contract Data. A hand

or courier delivery is effective when acknowledged at that address; registered post is effective seven

(7) days after posting; and email is effective when transmitted without a delivery-failure notice,

provided that a notice of default, termination or dispute is also delivered by hand, courier or registered

post.

3.4.2 If the sender requires evidence of receipt, he shall state such requirement in his communication and,

wherever there is deadline for the receipt of the communication, he may demand evidence of receipt

of his communication. In any event, the sender shall take all the necessary measures to ensure receipt

of communications.

3.4.3 A Party may change its address for receipt of communications by giving the other Party 30 days

advance notice of such change.

3.5 Location

The Services shall be performed at such locations as are specified in the Contract Data, and where

the location of a particular task is not so specified, at such locations as the Employer may approve.

3.6 Publicity and publication

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Unless otherwise agreed, the Service Provider shall not release public or media statements or publish

material related to the Services or Project within two (2) years of completion of the Services without

the written approval of the Employer, which approval shall not be unreasonably withheld.

3.7 Confidentiality

Both Parties shall keep all commercially sensitive information obtained by them in the context of the

Contract confidential and shall not divulge it without the written approval of the other Party except to

the extent strictly necessary to carry out obligations under this Contract or to comply with applicable

laws.

3.8 Variations

3.8.1 The Employer may, without changing the objectives or fundamental scope of the Contract, order

variations to the Services or may request the Service Provider to submit proposals, including the time

and cost implications, for variations to the Services. No variation shall have any force or effect unless

reduced to writing and signed by both Parties.

3.8.2 The reasonable cost of preparation and submission of such proposals and the incorporation into the

Contract of any variations to the Services ordered by the Employer, including any change in the

Contract Price, shall be agreed in writing between the Service Provider and the Employer, prior to the

change being implemented.

3.8.3 Where a variation is necessitated by default or breach of Contract by the Service Provider, any

additional cost attributable to such variation shall be borne by the Service Provider.

3.9 Sole agreement

The Contract constitutes the sole agreement between the Parties for the performance of the Services

and no representation not contained therein shall be of any force or effect. No amendments will be of

any force or effect unless reduced to writing and signed by both Parties.

3.10 Indemnification

The Service Provider shall, at his own expense, indemnify, protect and defend the Employer, its agents

and employees, from and against all actions, claims, losses and damage arising from any wilful or

negligent act or omission by the Service Provider or his sub-contractors in the performance of the

Services, including any violation of legal provisions, or rights of others, in respect of patents,

trademarks and other forms of intellectual property such as copyrights.

3.11 Penalty

3.11.1 In the event that due to his negligence, or for reasons within his control, the Service Provider does not

perform the Services within the Period of Performance, the Employer shall without prejudice to his

other remedies under the Contract, be entitled to levy a penalty for every day or part thereof, which

shall elapse between the end of the period specified for performance, or an extended Period of

Performance, and the actual date of completion, at the rate and up to the maximum amount stated in

the Contract Data.

3.11.2 If the Employer has become entitled to the maximum penalty amount referred to in 3.11.1, he may

after giving notice to the Service Provider:

a) terminate the Contract

b) complete the Services at the Service Provider’s cost.

3.11.3 In the event that due to his negligence or for reasons within his control, the Service Provider does not

disclose sub-contracting arrangements, the Employer may be entitled to levy a penalty as stated in

the Contract Data.

3.11.4 In the event that due to his negligence or for reasons within his control, the Service Provider does not

perform the service of capturing structures inventory updates, the Employer shall be entitled to levy a

penalty as stated in the Contract Data.

3.11.5 In the event that the draft documentation and/or design is of sub-standard/poor quality, the Employer

shall be entitled to levy a penalty for the additional time spent by the Employer to correct the

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documentation and/or design to the required acceptable standard at the hourly tariffs as specified

under Additional Duties.

3.12 Equipment and materials furnished by the Employer

3.12.1 Equipment and materials made available to the Service Provider by the Employer, or purchased by

the Service Provider with funds provided by the Employer for the performance of the Services shall be

the property of the Employer and shall be marked accordingly. Upon termination or expiration of the

Contract, the Service Provider shall make available to the Employer an inventory of such equipment

and materials and shall dispose of them in accordance with the Employer’s instructions.

3.12.2 Unless otherwise stated in the Contract Data, the Service Provider shall, at his own expense, insure

the equipment and materials referred to in 3.12.1 for their full replacement value.

3.13 Illegal and impossible requirements

The Service Provider shall notify the Employer immediately, should he become aware that the Contract

requires him to undertake anything which is illegal or impossible.

3.14 Programme

3.14.1 The Service Provider shall, within the time period set out in the Contract Data, submit to the Employer

a programme for the performance of the Services which shall, inter alia, include:

a) the order and timing of operations by the Service Provider and any actions required of the

Employer and Others;

b) the dates by which the Service Provider plans to complete work needed to allow the Employer

and Others to undertake work required of them; and

c) other information as required in terms of the Scope of Work or Contract Data.

3.14.2 The Employer may, during the course of the Contract, request the Service Provider to amend the

programme. Where this is not practicable, the Service Provider shall advise the Employer accordingly

and advise him of alternative measures, if any, which might be taken.

3.14.3 The Service Provider shall regularly update the programme to reflect actual progress to date and

expected future progress.

3.15 Severability

If a court of competent jurisdiction holds that any provision of this Contract is severable by reason of

it being invalid, illegal, unlawful or unenforceable and as a consequence of which prevents the

accomplishment of the purpose of this Contract, the Employer and the Service Provider shall meet

and review the matter to adopt means to fulfil the purpose of the Contract.

3.16 Waiver

No defence of a waiver of any of the provisions of this contract shall be effective unless it is expressly

stated in writing, by the Party against whom such defence is raised, to be a waiver of such provisions

and is communicated to the other Party in writing in accordance with the provisions of Clause 3.4.

4. Employer’s obligations

4.1 Information

4.1.1 The Employer shall timeously provide to the Service Provider, free of cost, all available information

and data in the Employer’s possession which may be required for the performance of the Services.

4.1.2 The Employer shall provide the Service Provider with any assistance required in obtaining other

relevant information that the latter may require in order to perform the Services.

4.1.3 The Service Provider shall be entitled to rely on the accuracy and completeness of all information

furnished by or on behalf of the Employer.

4.2 Decisions

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The Employer shall, within a reasonable time, give his decision on any matter properly referred to him

in writing by the Service Provider so as not to delay the performance of Services.

4.3 Assistance

The Employer shall co-operate with the Service Provider and shall not interfere with or obstruct the

proper performance of the Services. The Employer shall as soon as practicable:

4.3.1 authorise the Service Provider to act as his agent insofar as may be necessary for the performance of

the Services;

4.3.2 provide all relevant data, information, reports, correspondence and the like, which become available;

4.3.3 procure the Service Provider’s ready access to premises, or sites, necessary for the performance of

the Services;

4.3.4 assist in the seeking of all approvals, licenses and permits from state, regional and municipal

authorities having jurisdiction over the Project, unless otherwise stated in the Contract Data;

4.3.5 designate in writing a person to act with his complete authority in giving instructions and receiving

communications on his behalf and interpreting and defining his policies and requirements in regard to

the Services.

4.4 Services of Others

4.4.1 The Employer shall, at his own cost, engage such Others as may be necessary for the execution of

work necessary for the completion of the Project, but not included in the Services.

4.4.2 The Employer shall not enter into an agreement or contract with Others which describes any of the

duties and responsibilities of the Service Provider in terms of the Contract or which imposes obligations

on him, without first obtaining the Service Provider’s written agreement thereto.

4.5 Notice of change by Employer

On becoming aware of any matter which will materially change, or has changed, the scope, cost or

timing of the Services, or on becoming aware of any defect or deficiency in the Services, the Employer

shall immediately advise the Service Provider thereof.

4.6 Issue of instructions

Where the Service Provider is required to administer the work or services of Others, or any contract

or agreement, on behalf of the Employer, then the Employer shall issue instructions related to such

work, services, contract or agreement only through the Service Provider.

4.7 Payment of Service Provider

The Employer shall pay the Service Provider the Contract Price in accordance with the provisions of

the Contract.

5. Service provider’s obligations

5.1 General

5.1.1 The Service Provider shall perform the Services in accordance with the Scope of Work with all

reasonable care, diligence and skill in accordance with generally accepted professional techniques

and standards and shall be responsible for breach of professional duty by reason of any error, omission

or neglect in connection with delivering the services

5.1.2 Where the Services include the exercise of powers to certify, decide or otherwise exercise discretion

in regard to a contract or agreement between the Employer and Others, then the Service Provider

shall act in respect of that contract or agreement as an independent professional

5.1.3 If the Service Provider is a joint venture or consortium of two or more persons, the Service Provider

shall designate one person to act as leader with authority to bind the joint venture or consortium.

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Neither the composition nor the constitution of the joint venture or consortium shall be altered without

the prior consent in writing of the Employer, which shall not be unreasonably withheld.

5.1.4 Unless otherwise instructed in writing, the Service Provider is appointed as the Employer’s mandatary

for the purposes of section 37(2) of the Occupational Health and Safety Act, 1993 (Act No. ),

and as the Client’s agent in terms of regulation 5(5) of the Construction Regulations, 2014. The Service

Provider shall perform the duties in regulations 5(6) and 5(7), and the designer duties in regulation 6

where applicable.

5.1.5 The Service Provider, if requested by the Employer, shall provide any plans and calculations for

checking by Others.

5.1.6 All design calculations shall be kept and safeguarded for the duration of the insurance(s) required in

terms of clause 5.4.1.

5.2 Exercise of authority

5.2.1 The Service Provider shall have no authority to relieve Others appointed by the Employer to undertake

work on the Project of any of their duties, obligations, or responsibilities under their respective

agreements or contracts, unless expressly authorised by the Employer in response to an application

by the Service Provider in writing to do so.

5.2.2 Whenever necessary to enter upon land for the performance of the Contract the service Provider shall

do so in accordance with the provisions of the SANRAL Act, (Act ) and shall indemnify the

Employer from all costs arising from any transgression committed by the Service Provider.

5.3 Designated representative

The Service Provider shall designate in writing a person to act as his representative and such person

shall have complete authority to receive instructions from and give information to the Employer on

behalf of the Service Provider.

5.4 Insurances to be taken out by the Service Provider

5.4.1 The Service Provider shall, at his own cost, unless otherwise agreed, take out and maintain in force

such insurance policies in respect of their own risks in performing the Services as are stipulated in the

Contract Data, subject to the approval of the Employer, which approved shall not be unreasonably

withheld.

5.4.2 The Service Provider shall, at the Employer’s request, provide evidence to the Employer showing that

the insurance required in terms of Clause 5.4.1 has been taken out with an insurance company

registered in the Republic of South Africa, or as otherwise approved by the Employer and maintained

in force.

5.5 Service Provider’s actions requiring Employer’s prior approval

The Service Provider shall obtain the Employer’s prior approval in writing before taking, inter alia, any

of the following actions:

a) appointing Sub-contractors for the performance of any part of the Services,

b) appointing Key Persons not listed by name in the Contract Data.

c) any other action that may be specified in the Contract Data.

5.6 Co-operation with Others

If the Service Provider is required to perform the Services in co-operation with Others he may make

recommendations to the Employer in respect of the appointment of such Others. The Service Provider

shall, however, only be responsible for his own performance and the performance of sub-contractors

unless otherwise provided for.

5.7 Notice of change by Service Provider

On becoming aware of any matter which will materially change or has changed the scope, cost or

timing of the Services, the Service Provider shall give notice thereof to the Employer, save that the

Service Provider is empowered to make minor changes or variations within the overall programme or

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budget and within such parameters as are defined by the Employer, provided that such changes are

reported timeously to the Employer.

5.8 Safeguarding the Employer’s data

5.8.1 The Parties shall take reasonable precautions (each having regard to the nature of the other‘s

respective obligations under the Contract) to preserve the integrity of the Employer’s data including

appropriate back-up procedures.

5.8.2 In the event that the Employer’s data is corrupted or lost as a result of any default by the Service

Provider, the Employer shall at the Service Provider’s expense, have the option to:

• require the Service Provider to restore or procure the restoration of such data; or;
• itself restore or procure restoration of such data.

5.8.3 The Service Provider shall process personal information and protect Employer data in accordance with

the Protection of Personal Information Act, 2013 (Act No. ), applicable cybersecurity

requirements and the Employer’s information-security policies. Access shall be limited to authorised

persons, information shall be used only for the Contract, and any actual or suspected loss,

unauthorised access or security compromise shall be reported to the Employer immediately. On

completion or termination, the Service Provider shall return or securely destroy information as

instructed, subject to lawful record-retention requirements.

5.9 Performance Security

Where required, the Service Provider shall obtain (at his cost) a Performance Security for proper

performance in the amount and currencies stated in the Contract Data. If an amount is not stated in

the Contract Data, this sub-clause shall not apply.

The Service Provider shall deliver the Performance Security to the Employer within 14 days of the date

of issue of the Letter of Acceptance. The Performance Security shall be issued by an insurance

company or bank registered or licensed as an insurance company or bank to do business in the

Republic of South Africa and approved by the Employer and having an office or banking facility in the

Republic of South Africa. The Performance Security shall be subject to approval by the Employer and

shall be in the form prescribed in the tender documents.

6. Conflicts of interest, corruption and fraud

6.1 Service Provider not to benefit from commissions, discounts, etc.

The remuneration of the Service Provider under the Contract shall constitute the Service Provider’s

sole remuneration in connection with the Contract, or the Services, and the Service Provider shall not

accept for his own benefit any trade commission, discount, or similar payment in connection with

activities pursuant to the Contract, or in the discharge of his obligations under the Contract, and shall

use his best efforts to ensure that the Personnel, any Sub-contractors, and agents of either of them

shall, similarly, not receive any additional remuneration.

6.2 Royalties and the like

The Service Provider shall not have the benefit, whether directly or indirectly, of any royalty or of any

gratuity or commission in respect of any patented or protected article or process used in or for the

purposes of the Contract, or Project, unless so agreed by the Employer in writing.

6.3 Independence

The Service Provider shall refrain from entering into any relationship which could be perceived as

compromising his independence of judgment, or that of Subcontractors or Personnel.

6.4 Corruption and Fraud

6.4.1 The Service Provider shall neither:

(a) Offer or give or agree to give any person of the Employer any gift or consideration of any kind as

an inducement or reward for doing or forbearing to do or for having done or forebore to do any

act in relation to the obtaining or performance of this contract or any other contract with the

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Employer or for showing or forbearing to show favour or disfavour to any person in relation to this

contract; nor

(b) Enter into this contract if in connection with it commission or a reward of any type has been paid,

offered or agreed to be paid to any person of the Employer by the Service Provider or on his

behalf or knowledge.

6.4.2 In the event that the Employer, in good faith and on reasonable grounds, comes to the opinion, that a

breach of any of the provisions of Clause 6.4.1 has been perpetrated by the Service Provider or anyone

employed by him or acting on his behalf in relation to this contract or any other agreement with the

Employer, the Employer may:

(a) summarily suspend the operation of this Contract by notice in writing to the Service Provider,

informing him of the Employer’s opinion and the grounds and reasons upon which it is based, and

calling upon the Service Provider to show cause, in writing, within fourteen (14) days of receipt of

the written notice why the Employer should not terminate this Contract on the grounds of the

alleged breach(es) of Clause 6.4.1 of this Contract;

(b) withhold all payments due;

(c) terminate this Contract by notice in writing to the Service Provider, if the Service Provider fails to

respond to the Employer’s written response, to satisfy the Employer that his opinion is unfounded.

Provided always that such termination shall not prejudice or affect any right of action or remedy,

which shall have accrued or shall accrue thereafter to the Employer and provided also that the

Employer may recover from the Service Provider such sum as the Employer deems equivalent to

the amount or value of any such gift, consideration or commission.

6.4.3 In the event that the Employer, in good faith and on reasonable grounds, comes to the opinion that

any contract with a Government or public sector body has been or was obtained by the Service

Provider through actions that mutatis mutandis are similar in nature to those barred in terms of Clause

6.4.2 by the Service Provider or by anyone employed by the Service Provider or acting on the Service

Provider’s behalf in relation to such Contract, the Employer may:

(a) summarily suspend the operation of this Contract by notice in writing to the Service Provider,

informing him of the Employer’s opinion and the grounds and reasons upon which it is based,

and calling upon the Service Provider to show cause, in writing within fourteen (14) days of

receipt of the written notice why the Employer should not terminate this Contract on the

grounds of the alleged breach(es) of Clause 6.4.1 of this contract;

(b) withholds all payments due

(c) terminate this Contract by notice in writing to the Service Provider, if the Service Provider fails

to respond to the Employer’s written notice within the prescribed time, or fails, in his written

response, to satisfy the Employer that this opinion is unfounded. Provided always that such

termination shall not prejudice or affect any right of action or remedy, which shall have accrued

or shall accrue thereafter to the Employer.

7. Service provider’s personnel

7.1 Provision of Personnel

7.1.1 The Service Provider shall provide appropriate Personnel for such time periods as required in terms

of the Contract and shall enter all data pertaining to Personnel including titles, job descriptions, quali-

fications and estimated periods of engagement on the performance of the Services in the Personnel

Schedule.

7.1.2 The Services shall be performed by the Personnel listed in the Personnel Schedule for the periods of

time indicated therein. The Service Provider may, subject to the approval of the Employer, make such

adjustments to the data provided in terms of Clause 7.1.1 above as may be appropriate to ensure the

efficient performance of the Services, provided that the adjustments will not cause payments to exceed

any limit placed on the Contract Price.

7.1.3 The Service Provider shall:

(a) forward to the Employer for approval, within 15 days of the award of the Contract, the Personnel

Schedule and a timetable for the placement of Personnel.

(b) inform the Employer of the date of commencement and departure of each member of Personnel

during the course of the Project.

(c) submit to the Employer for his approval a timely request for any proposed change to Personnel,

or timetables.

7.2 Staff and equipment

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7.2.1 The Service Provider shall employ and provide all qualified and experienced Personnel required to

perform the Services.

7.2.2 Where required in terms of the Contract, the Service Provider shall provide Key Persons as listed in

the Contract Data to perform specific duties. If at any time, a particular Key Person cannot be made

available, the Service Provider may engage a replacement who is equally or better qualified to perform

the stated duty, subject to the Employer’s approval, which approval shall not be unreasonably withheld.

7.2.3 Where the Service Provider proposes to utilise a person not named in the Personnel Schedule, he

shall submit the name, relevant qualifications and experience of the proposed replacement person to

the Employer for approval.

7.2.4 Where the fees for the Services are time-based, the fee payable for a person provided as a replace-

ment shall not exceed that which would have been payable to the person replaced.

7.2.5 Except in the case of replacement resulting from death or where the Employer requests a replacement

not provided for by the Contract, the Service Provider shall bear all additional costs arising out of or

incidental to such replacement.

7.2.6 The Service Provider shall take all measures necessary and shall provide all materials and equipment

necessary to enable Personnel to perform their duties in an efficient manner.

7.3 Working hours, overtime and leave

Where the fee for the Services are time-based, working hours, leave entitlement and holidays for

Personnel provided in terms of Clause 7 are to be as stated in the Contract Data, or, if not stated, to

be determined by the Service Provider. The Employer will not be responsible for overtime payments

to Personnel unless so specifically provided for in the Pricing Schedule.

8. Commencement, completion, modification suspension and termination of the

Contract

8.1 Commencement

The effective date of the contract shall be the date of the Form of Acceptance.

The Contract shall come into effect on the date that it is signed by both Parties or such later date as

may be stated in the Contract Data. The Service Provider shall commence the performance of the

Services within thirty (30) days after the date that the Contract becomes effective, or such date as may

be specified in the Contract Data. The supervision phase shall commence on the date confirmed by

the Employer at the Works Contract hand-over meeting.

8.2 Completion

8.2.1 Unless terminated in terms of the Contract, or otherwise specified in the Contract Data, the Contract

shall be concluded when the Service Provider has completed all Deliverables in accordance with the

Scope of Work.

8.2.2 The Service Provider, may request an extension to the Period of Performance if he is or will be delayed

in completing the Contract by any of the following causes:

a) variations to Services ordered by the Employer.

b) failure of the Employer to fulfil his obligations under the Contract.

c) any delay in the performance of the Services which is not due to the Service Provider’s default.

d) Force Majeure

8.2.3 The Service Provider shall within 14 days of becoming aware that a delay may occur, notify the

Employer of his intention to make a request for the extension of the Period of Performance to which

he considers himself entitled and shall within 30 days thereafter deliver to the Employer full and

detailed particulars of the request, in order that it may be investigated at the time.

8.2.4 The Employer shall, within 30 days of receipt of a detailed request, grant such extension to the Period

of Performance as may be justified, either prospectively or retrospectively, or inform the Service

Provider that he is not entitled to an extension. Should the Service Provider find the decision of the

Employer to be unacceptable he shall, nevertheless, abide by such decision in the performance of the

services and the matter shall be dealt with as a dispute in terms of Clause 12.

(Note to compiler: This report must include all sectional info within the project limits i.e.

Cell B3: Strip sheets are generated on a 5km strip sheet for editing and use

The need for a Slope Management System (SMS) for all significant slopes along South Africa’s

National Roads was identified soon after the inception of the SA National Roads Agency in 1998.

In 2004, a simple, practical SMS, which applied only to cut and fill slopes exceeding 5m in height, was

developed using a qualitative risk rating system. This system is now being revised to align with other

asset risk models within SANRAL and incorporates a comprehensive slope maintenance

management methodology to allow for:

 Improved reporting and record keeping of slope failure incidents;

 Evaluation and analysis of these slope failures;

 Monitoring of certain high-risk slopes or slope protection / stabilisation assets and

installations; and

 Slope maintenance and/or remediation interventions, carried out within responsibilities of

Routine Road Maintenance contracts; and / or

DOCS# 5984574 v3 -RRM and the SMS - Manual

 As separate site-specific geotechnical intervention contracts.

Arguably the most important step in the slope maintenance management is reporting and

monitoring. Reporting must be both prompt and comprehensive, while monitoring must be carried

out diligently and routinely, with the resultant observations and measurements documented, stored

and interpreted to timeously trigger the need for maintenance and further necessary interventions,

including emergency works. The foregoing requires to be followed and carried out meticulously to

timeously identify significant changes or trends in behaviour patterns of the slopes, fills, cutting,

retaining structures and slope protection interventions.

This Guide deals with routine road maintenance inspections and incident reporting required for the

RRM maintenance works necessary to maintain cut and fill slopes, retaining walls, lateral support

systems and rockfall installations – collectively referred to as geotechnical assets - in the requisite

operational condition. It is compiled as a best endeavour to proactively increase the safety of the

traveling public by following a risk-managed approach.

2 slope management system

2.1 Background

The SANRAL risk-based Slope Management System (SMS), applies to the management, monitoring

and assessment of the necessary interventions to ensure the safe operation of all cut and fill slopes

exceeding 5m in height.

The data which is collected for and drives the system, is stored within a GIS database and contains all

pertinent information of the qualifying cuttings, fills or retaining structures, regardless of whether

these have a history of instability or not.

This system will eventually migrate across to SANRAL’s ITIS or Integrated Transport Information

System, and the funding models.

The database contains the following details of the qualifying cuttings and slopes:

 The pertinent data on the dimensions and both the geological and geohydrological

characteristics of the site for all deep cuttings and high fills (> 5m);

 Stormwater control measures such as type, dimensions, extent, condition and nature of

summit drains.

 All slope stabilization, slope protection/mitigation and slope groundwater

drainage/depressurisation measures installed. This may include flexible rockfall and debris

flow barriers, rockfall/debris flow retention embankments, rockfall netting/shotcrete slope

revetments, with or without dowel bar anchors, and horizontal drains/wells;

 All retaining structures, such as gravity and/or anchored retaining walls, Mechanically

Stabilise Earth Walls (MSEW), or precast Concrete Block Retaining Walls (CBRW);

 A record of historical slope/instability related incidents.

 All slope mitigation measures carried out, whether temporary or permanent.

The data base of the nature and condition of slopes and structures is prepared following inspections

and assessments undertaken by independent SANRAL appointed Consultants who have been trained

and accredited (Engineering Geologists and Geotechnical Engineers / technologists) to undertake the

necessary inspections and assessments, either prior to or at the start/during the course of the

regional Routine Road Maintenance Contract and updated as when stipulated by the criteria

developed for the SMS.

DOCS# 5984574 v3 -RRM and the SMS - Manual

2.2 Operation and integration of the SMS within the RRM contracts

At a high level, the operation and integration of the SMS within the RRM contracts consists of the

following:

i. Field inspection and the recording and compilation of a comprehensive data-base of

each qualifying section of the route.

ii. Evaluation of the risks and hazard inherent at each qualifying section of the route/slope

and the identification of those sections

iii. Items i and ii above are undertaken by independent SANRAL appointed Consultants who

have been trained and accredited (Engineering Geologists and Geotechnical Engineers /

technologists) to undertake these tasks. These assessments should preferably have

been undertaken prior to the commencement of the RRM contract and may trigger the

need to implement remedial measures. However, the design and construction of

specialist geotechnical and/or structural interventions measures beyond the scope of

the RRM contract will be undertaken by independent Consultants and Contractors

directly appointed by SANRAL.

iv. Reporting of slope incidents and monitoring of all sections of the route, including high-

risk slopes/sections of the route, by the RRM Contractor in accordance with specified

procedures and proforma documentation provided in this guideline;

v. Periodic re-assessment and re-evaluation of slope risks based on the data recorded by

the RRM contractor; and

vi. Detailed investigation of sections of the route so re-assed as being high risk.

vii. Items v and vi are undertaken by independent SANRAL appointed Consultants who have

trained and accredited personnel (Engineering Geologists and Geotechnical Engineers /

technologist) to undertake these tasks.

From the foregoing it is clear that the prime responsibilities of the RRM Contractor within the ambit

of the operation of the SMS, is ongoing maintenance and minor upgrades and repairs, monitoring

and geotechnical incident management.

2.3 Identity and location of each Geotechnical Asset

Each geotechnical asset contained in the SMS data base has been identified using a unique 19-digit

identifier. Where cuts (generally) are excessively long or complex, they may be subdivided into a

number of sub-cuts.

This unique identifier is based on the following road metadata:

 Route name, expressed as Route Letter plus 3 digits, eg R065

 Section number, expressed as ‘S’ plus 3 digits eg S010

 Kilometre distance of the centre point of the slope, expressed as 3 digits for km and to the

nearest 10m eg km 1.65 is annotated as km001.65

 Travelling direction as a compass direction, N, S, E, and W

 Lane or Carriage way, for dual carriageway roads, expressed as L or C.

Dual highways or freeways having separated horizontal and vertical alignments and therefore

cuts and fills that are not common for each of the carriageways, are catered for in this manner.

 Side of the road expressed as L or R with the Left-hand side of the road being the left side

looking in the direction of increasing kilometre posts the road with the km distances increasing

away from you, that is, the side in which the kilometre distance increases i.e. the +ve side.

 Type of slope (Cut or Fill), expressed as C or F.

As an example, a cut slope on the N1, Section 3, at km 44.65, northbound, right hand side of road (ie

in the median) is indicated as N001S003km044.65NRC.

DOCS# 5984574 v3 -RRM and the SMS - Manual

2.4 Geotechnical Incident Management

The management of geotechnical incidents is based on the level of significance of the incident,

namely levels 1 to 4, as set out in the flowchart in Figure B. Each successive level so defined poses a

significantly greater level of risk to the travelling public.

These levels primarily act as triggers and the obligatory appropriate response required by both the

RRM Route Manager and RRM Contractor to an incident. The definition and detailed

response/actions required for each of the four levels of Geotechnical Incidents is presented in the

following Sections 2.4.1 to 2.4.4.

2.4.1 Level I Geotechnical Incident

A Level I incident can typically be managed locally by the RRM with little or no assistance. The RRM is

required to carry out the following:

 Make incident site safe;

 Complete the Routine Maintenance Slope Incident Form; and

 Report the incident as part of their monthly site meeting and report to SANRAL’s slope

management Service Provider for inclusion into incident statistics.

2.4.2 Level II Geotechnical Incident

The local responders may require some special technical expertise or guidance to manage the Level

II incident locally.

The RRM is required to carry out the following:

 Make incident site safe;

 Carry out a Emergency Inspection of the Incident Slope;

 Report the incident within 12hrs to the SANRAL RRM project manager, SANRAL

Regional Geotechnical Expert, and the SANRAL appointed slope management Service

Provider.

SANRAL RRM PM shall escalate the incident to the SANRAL Regional Manager and

SANRAL Risk Manager;

 Display cautionary notice for at least 48hrs after event or as recommended by

geotechnical specialist eg. VMS = "WARNING ROCKFALLS" or Falling rocks signs at

regular 200m spacings;

 Completion of a Routine Maintenance Slope Incident Form; and

 Report the incident as part of their monthly site meeting and report to SANRAL’s

geotechnical Service Provider for inclusion into incident statistics.

2.4.3 Level III Geotechnical Incident

A Level III incident is an incident where a level of response is required to protect lives, property

and/or the environment.

The local RRM responders will definitely require technical expertise or guidance to manage the

incident locally.

The RRM is required to carry out the following:

 Carry out a Routine Maintenance Inspection of the Incident Slope;

 Report the incident within 8hrs to the SANRAL RRM project manager, SANRAL Regional

Geotechnical Expert, and the SANRAL appointed slope management Service Provider.

SANRAL RRM PM shall escalate the incident to the SANRAL Regional Manager and

SANRAL Risk Manager.

 The SANRAL appointed slope management Service Provider is to visually inspect the site

within 48hrs of initial reporting to him by the RRM. It is the RRM’s responsibility to

ensure that this inspection is programmed ASAP.

DOCS# 5984574 v3 -RRM and the SMS - Manual

 Display cautionary notice for at least 48hrs after event but for the duration instructed

by geotechnical specialist eg. VMS = " WARNING ROCKFALLS", Falling rocks signs at

regular 200m spacings, and/or speed reduction signage.

 Completion of a Routine Maintenance Slope Incident Form, and

 Report the incident as part of their monthly site meeting and report to SANRAL’s slope

management Service Provider for inclusion in incident statistics.

• Make safe

Life threatening Incident?

• Check Incident Risk Flowchart

• Landed on shoulder of for Incident Level II to IV road lane
• Large rock (>300mm) YES response requirements

• Contact SANRAL & slope

(See Slope Incident Risk management Service Provider

Level Flowchart

• Construct temporary

mitigation measures with input

from SANRAL and & slope

management Service Provider

• Complete Slope Incident Form

(Sms 1/2018)

NO

Level I

Incident

Make safe

and

complete

Slope

Figure A: Simplified Flow chart for emergency response

DOCS# 5984574 v3 -RRM and the SMS - Manual

NO Figure B: FORM SMS 1/2018

Has incident

YES impacted shoulder or lanes Slope Incident Risk Level Flowchart

Reference: Chapman’s Peak Drive O M - Rockfall Monitoring, Risk Assessment Flow Chart (Melis and du Plessis)

Injury or Death or

damage to vehicle YES

or property?

NO

VOLUME of rock >

Single or multiple

YES 0.125m3 or 300kg YES rock fragments or 0.5mx0.5mx0.5m

300mm?

NO NO

VOLUME more Accumulation of rock& VOLUME of rock >

YES than YES YES soil fragments – more >1m3 or 1500kg

10 spades full than 5 spades full

NO NO NO

MULTIPLE FALLs

Occurs at discreet, 3rd such event from same area single location or YES YES within 48 hours? for longer than 48

spaced < 20 m hours

NO NO

NO Level IV Incident

• Make incident site safe.
• Report incident within 4 hours to SANRAL and

Occurs randomly slope management Service Provider

along slope (not from YES

• Emergency Inspection to be carried out by same location on a

regular basis) Level III Incident SANRAL Geotech Personnel within 24hrs

• Make incident site safe. hours.

Level II Incident

• Report incident within 8 hours to SANRAL and
• Close the road if necessary, install temporary

Yes

• Make incident site safe. slope management Service Provider barriers, or undertake other protection
• Carry out Emergency Inspection by RM.
• Emergency Inspection to be carried out by measures as instructed by the SANRAL

Level I Incident

• Report incident within 12 hours to SANRAL SANRAL Geotech Personnel within 48hrs geotechnical Service Provider.
• Make incident site safe. and slope management Service Provider hours.
• Cautionary notice as directed by Geotech
• Minimal precautions required.
• Cautionary notice for >48hrs
• Cautionary notice for >48hrs consultant
• Completion of Slope Incident Form, and
• Completion of Slope Incident Form, and
• Completion of Slope Incident Form, and
• Completion of Slope Incident Form, and
• Report the incident
• Report the incident
• Report the incident
• Report the incident

o at monthly site meeting and o at monthly site meeting and o at monthly site meeting and o at monthly site meeting and

o to SANRAL’s slope management Service o to SANRAL’s geotechnical Service o to SANRAL’s geotechnical Service o to SANRAL’s geotechnical Service

Provider for incident statistics. Provider for incident statistics. Provider for incident statistics. Provider for incident statistics.

Feedback

mitigation NO NO NO NO Is monitoring required Is monitoring required Is monitoring required Is monitoring required

to ITIS

Yes yes yes yes

DOCS# 5984574 v3 -RRM and the SMS - Manual If monitoring is required, the Regional geotechnical consultant and the SANRAL Geotechnical expert will determine the appropriate level and frequency. The RRM will play an important role in the monitoring of slopes.

2.4.4 Level IV Geotechnical Incident

A Level IV incident requires a coordinated response by more than one department outside of their

normal responsibilities, and/or which is beyond the capabilities of available resources

The RRM is required to carry out the following:

 Carry out a Routine Maintenance Inspection of the Incident Slope;

 Report the incident within 4hrs to the SANRAL RRM project manager, SANRAL Regional

Geotechnical Expert, and the SANRAL appointed slope management Service Provider.

The SANRAL appointed slope management consultant is to visually inspect the site within 24hrs of

initial reporting to him by the RRM. It is the RRM’s responsibility to ensure that this inspection is

programmed ASAP.

 Close the road, if necessary, in conjunction with the SANRAL RRM project manager, SANRAL

Regional Geotechnical Expert, and the SANRAL appointed slope management Service Provider.

In making the decision, both the risk to road users AND ‘economics’ of the closure need to be

assessed

 Install temporary barriers, or undertake other protection measures as instructed by the

SANRAL geotechnical Service Provider.

 Display cautionary notice on a VMS for at least 48hrs after event but for the duration

instructed by geotechnical specialist eg. VMS = " WARNING ROCKFALLS". Speed reduction

signage mandatory with ‘stop/ go’ implementation if necessary

 Completion of a Routine Maintenance Slope Incident Form, and

 Report the incident as part of their monthly site meeting and report to SANRAL’s geotechnical

Service Provider for inclusion into incident statistics.

 SANRAL RRM PM shall escalate the incident to the SANRAL Regional Manager, SANRAL Risk

Manager, and SANRAL Engineering Executive for emergency funding.

 SANRAL Regional Geotechnical Expert, and the SANRAL appointed slope management Service

Provider to submit report to SANRAL within a further 48hrs, showing the risk and priority

(emergency requirements), recommended mitigation measures.

2.5 Reporting and monitoring of failures

Probably the most important step in the SMS, is reporting of incidents and continuous monitoring of

designated high-risk slopes using the RRM Slope Incident Form, and reported in the monthly site

meeting as a separate agenda item.

This reporting and monitoring aspect is carried out through the Routine Road Maintenance (RRM)

contracts, and reported to the client and regional slope management Service Provider for monthly

analysis.

In the event of high risk incidents, these shall be reported to the Regional RRM Project Manager, the

Regional Geotechnical Manager, and the regional slope management Service Provider within the

timeframes as indicated in the preceding section and the Figure B flowchart so as to trigger the level

of emergency response required.

No remedial works proceeds until the slope is assessed and advised by a competent geotechnical

engineer / technologist or engineering geologist. Incident records of a serious or potential serious

nature are reported immediately to SANRAL regional geotechnical representative, providing the

properly recorded evidence. These slopes are then monitored on a more regular basis, dependant on

severity and risk of the slope, and feedback given to the SANRAL representative on any changes.

SANRAL will then arrange for a follow up inspections by specialist personnel.

DOCS# 5984574 v3 -RRM and the SMS - Manual

Incidents of a life-threatening nature shall immediately be made safe though traffic accommodation.

No permanent mitigation works proceed, either as RRM works or in a separate contract until the

slope is assessed by a competent, experienced geotechnical engineer / technologist or engineering

geologist.

3 routine maintenance

Regular maintenance is essential for all natural slopes adjacent to the road, man-made slopes and

retaining walls to ensure their functionality and to avoid deterioration.

3.1 Responsibilities of the Route Manager

3.1.1 Responsibilities

3.1.1.1 Duty of care

The Route Manager has a Duty of Care to the public to ensure that all hazards that may affect the

safety of the travelling public are recognized and mitigated. As such, hazards associated with slopes

need to be continuously monitored, especially when a slope with known risks and hazards is

encountered. It is incumbent on the RRM consultant to report and ensure that these hazards and

risks are mitigated, either through temporary or permanent measures.

3.1.1.2 Recording of incidents

The Route Manager (RM), and the Assistant RM should always keep blank copies of the Slope

Incident Form at all times. It is advisable that each of the maintenance crews also keep these on hand

to report Level I incidents.

All the relevant details must be completed. Once developed, this will be captured electronically using

a mobile phone app.

The Form has been designed for ticking of applicable blocks. There are a few items where the Route

Manager needs to use engineering judgment and do basic measurements, e.g. approximate cubic

metres of materials that came down the slope.

Photographs must be taken of the slope from each extremity, the general area of the incident, and

the failed material.

Sketches or diagrams of approximate/ general arrangement of cracks, slips, fallen debris, etc may

also be made to illustrate the incident.

3.1.1.3 Reporting of Incidents

All incidents shall be;

• Reported to SANRAL’s geotechnical Service Provider for the required level of intervention for

temporary mitigation measures, and /or emergency designs as per Figure B flowchart, and

incident statistics.

• Reported and discussed in the monthly RRM site meeting as a separate agenda item. The

agenda item shall include a discussion around the risk of the incident to the public, the

mitigation measures used, and any lessons learnt in the process.

3.1.1.4 Record keeping

The RM shall keep a record of all slope stability incidents, filed per route, section and km and per cut

or fill/embankment available for scrutiny by SANRAL. These records shall be transferred to electronic

format on completion of the project and transferred to the SANRAL RRM Project Manager at the

contract end.

DOCS# 5984574 v3 -RRM and the SMS - Manual

Original hard copies shall be kept in accordance with the requirements of other project records.

3.1.1.5 Inspections

Inspections of the slopes and the various sub-assets are required at different intervals and after

incidents. Below is an explanation of each.

a) Post rain or seismic event inspection

The RM to inspect the route for incidents and slope drainage channels issues after each significant

rain event, and clear any drainage blockages in accordance with Appendix A and make road safe.

Significant rain is a subjective term and may differ depending on surface geology and soil

characteristics. The effects of an intense thunderstorm, for example will be very different in the

Karoo or in the erodible materials of the Eastern Cape.

b) Emergency Inspections

Directly after each slope Incident greater than Level 1, the RM shall carry out an inspection of the

failed slope. Under no circumstances may the inspection team climb onto the slope for OHS reasons.

The primary purpose of Emergency Inspection is to establish if there is further obvious imminent

failure, as well as the need for basic maintenance for making the road safe which do not demand

professional geotechnical knowledge and which can be carried out by any responsible person,

including the RM.

In general, these Emergency Inspections should be carried out within 4-6hours of the incident.

The Emergency Inspections covers areas such as, but not exhaustively:

a) Safety of clearing of accumulated debris from drainage channels and slope surface,

b) cracked or damaged drainage channels or pavement,

c) cracked or damaged slope surface cover (shotcrete or drapery),

d) potential for the removal of any vegetation blocking road or destabilising the slope surface

and drainage channels,

e) potential for the removal of loose rock debris from rock slopes or around boulders,

f) repair of leaky exposed water services

Abnormal deterioration or features on slopes or retaining walls should be reported immediately.

c) Routine Maintenance Inspections

Routine Maintenance Inspections shall be carried out on all protected slopes, ie slopes with

shotcrete or mesh drapery coverings, retaining walls, etc, on a regular basis. The primary purpose of

Routine Maintenance Inspection is to establish the need for basic maintenance so do not demand

professional geotechnical knowledge and can be carried out by any responsible person, including the

Rm.

In general, these Routine Maintenance Inspections should be carried out at least once every year but

in some instances, may be required more regularly as specified in the contract document.

The Routine Maintenance Inspections are carried out to ascertain the need for maintenance in

various areas including, but no exhaustively:

i. clearance of accumulated debris from drainage channels and slope surface,

ii. repair of cracked or damaged drainage channels or pavement,

iii. repair or replacement of cracked or damaged slope surface cover,

iv. unblocking of weep-holes and outlet drainpipes,

v. removal of any vegetation causing severe cracking of slope surface cover and drainage

channels,

DOCS# 5984574 v3 -RRM and the SMS - Manual

vi. re-grassing of bare soil slope surface areas,

vii. removal of loose rock debris and undesirable vegetation from rock slopes or around

boulders,

viii. repair of leaky exposed water services,

ix. repair or replace rusted steel slope furniture, and

x. maintenance of landscape treatment on the slope.

Abnormal deterioration or features on slopes or retaining walls should be reported immediately.

d) Investigation of high risk slopes

The final step is the investigation of high-risk slopes by a geotechnical engineer or technologist for

the design and implementation of slope rehabilitation, improved safety or maintenance measures

implemented, which are then reported back to SANRAL for updating the data- base.

4 Routine Road Maintenance Slope Incident Form.

The following notes are for guidance for RRM personnel and other trained personnel or consultants

carrying out slope incident inspections as part of the Routine Road Maintenance. These notes are not

intended to be an exhaustive study on the reasons for remediation of slope instabilities.

The Form SMS 1/2018has been designed to allow easy designation of the Incident Level by the RM,

and must be used in conjunction with the notes below and Appendix A: Typical routine maintenance

inspection and works for slope and retaining structures which contains inspection and maintenance

guidance notes.

4.1 Assets comprising a slope

Slopes comprise of sub-assets which in turn each individually or collectively contribute to the stability

of that slope. The following diagram gives the standard nomenclature for sub-assets making up a

slope.

DOCS# 5984574 v3 -RRM and the SMS - Manual

Figure C: Cut slope terminology

4.2 The Slope Incident Form (SMS 1/2018)

This form is relatively self-explanatory with the general information pertaining to the slope where

the incident has occurred. Complete each section of the form either completing the data or by ticking

the box.

a) Identifying the slopes

Each slope has been identified using a unique 19-digit identifier in the SMS. The RRM

however does not need to record this slope number. The RM shall record

 Route name

 Section number

 Kilometre distance of the centre incident

 Travelling direction

 Lane and Carriage way, for dual carriageway roads.

 Side of the road expressed as L or R with the Left-hand side of the road being the left

side looking down the road with the km distances increasing away from you, ie the side

in which the kilometre distance increases i.e. the +ve side.

 Type of slope (Cut or Fill), expressed as C or F.

b) GPS referencing of the slope failure

GPS co-ordinates are taken at the failure centre along the slope. Cellular phone or handheld

GPS co-ordinates of the centre point of the failure must be taken on the existing centre line

of the road. The co-ordinates should be in WGS84 format with degrees and digital minutes.

DOCS# 5984574 v3 -RRM and the SMS - Manual

c) Infrastructure or Property Damage

Each incident has the potential to become a large 3rd party claim. As such, SANRAL needs to

understand the nature and extent of any damage to our, or others’ property. In addition, it is

important in the determination of the correct temporary or permanent mitigation measures.

d) Where did it land?

Record where the rocks / boulders and material came to rest. This is important in trying to

understand the risk of damage/injury to property and people. It is important to note where

damage has been done to the surface, that is how deep and wide the indentation is as it

provided valuable information as the energy potential of the rockfall.

e) Soil or Rock fragment size

Tick the shape which most accurately resembles the fallen rock/boulder and measure the

average maximum dimension of the rocks/boulders and record

f) Did it break up?

Many times rock or boulders break up into several pieces on impact with the road. This

provides an indication of the weathering of the material and the an indication of the damage

it could potentially cause to infrastructure or passing vehicles.

If matrix material was also transported with the boulder, record the approx. quantity and

type of matrix material e.g. cobbles, clay, clayey gravel etc.

g) Regularity of incident

Is this the first incident in this area? If yes, then it could be a single event, or the beginning of

a series of events. Either way, if the history is known, the correct level of response can be

determined.

h) Erosion and vegetation

Erosion is an indication of potential future issues and important in the determination of the

correct temporary or permanent mitigation measures.

i) Fire or catastrophic event

Correlate the time of the incident with fire, tree felling, adverse weather, seismic event,

baboon damage, etc, if applicable.

j) Origin

Try to figure out where the rock(s)and soil originated from.

k) Photographs

It is extremely critical that extensive photos are taken of each incident so that in the event of

a third-party claim, accurate evidence is available. A standard 5 photographs should suffice

for most incidents but additional photographs may be required at times to show significant

issues that may help the geotechnical engineer determine the cause remotely.

DOCS# 5984574 v3 -RRM and the SMS - Manual

Figure D: Position of required incident pictures

l) Additional Comments / Attachments

Each section has a space for other supporting additional information that the reporter feels

necessary to be included, such as:

 Perceived degree of danger to road-user public / road itself etc.

 Also whether the road or some lanes had to be closed entirely, or the traffic diverted?

 Trees and vegetation or services posing a problem

 Cracks above cut slope – water filled? or cracks on road surface –water filled?

 Reporter’s view as to probable cause of failure.

 Supplementary sketches of failure/ cracks / events vs. dates if possible, shown in relation

to road centre line

 Photographic records /numbers/dates relating to abovementioned sketches.

DOCS# 5984574 v3 -RRM and the SMS - Manual

SANRAL routine road maintenance

SLOPE INCIDENT FORM (v1/2018)

Carriageway: N / S / E / W CUT LHS ROUTE: SECTION: KM: Lane: Left (+ve) / Right (-ve) FILL RHS

Latitude: Longitude

°S °e

Rrm sms

Incident No: Incident No:

Time Time Reported DATE: noted: to SANRAL:

Inspection carried out Name: Signed: Co: Tel: and signed by

Where did IT land?

1 Drop Side Road Outer lane (if Lane or Opposite Other side

Zone drain Shoulder multiple lanes) Inner lane lane of road Notes

Damage to infrastructure or property

Damage to

Damage to road -

retaining structures

size of pothole or Notes Notes

OR property -

patch to be done

describe

Summit drain Intact Damaged Several breaches Retaining structure Intact Damaged Destroyed

Slope protection eg

Slope benches Intact Damaged Several breaches Intact Damaged Destroyed

netting

Several

Slope Drainage Intact Damaged Blocked Toe drains Intact Damaged

breaches

SOIL OR ROCK FRAGMENTS: Volume Maximum Fragment Size

3 Gravel with Round Square Wedge / L x B x H in Notes – single or multiple

L x B x H in metres

stones rocks rocks Flat rocks metres rocks, splatter etc

Did IT break up?

4 Large pieces (>150mm) Large pieces (>150mm) Many small pieces (Nothing

NO with a few small pieces with many small pieces larger than 70mm) Notes

Regularity of incident in this spot?

5 Adhoc – after

New Over 12 Less than 12 Less than 6 Less than 1 rain or other Notes Incident months months months month

event

EROSION AND VEGETATION: Is the slope...

Slightly Poorly Well Vegetated: Well Vegetated: 6 Severely Unvegetated

Eroded Erode Vegetated Grass Trees & Grass Notes

FIRE OR CATASTROPHIC EVENT - Prior to the incident?

Rain – very Rain –

7 intensive Intensive Rain – for extended Rain – for Rain – for Vegetation or forest Fire extended period extended period clearing

period >24hrs

48hrs >72hrs

..............mm ..............mm

ORIGIN: Where did it fall from?

8 Lower Road Upper road Upper natural Unknown Notes cutting cutting

slope

Photographs

Full slope Full slope from Full slope from Detailed photo Photo of fallen Photo of fallen

from slope at slope at higher opposite side of of fallen material as if material as if

9 lower km end km end the road, center material with driving in lane from driving in

to incident size reference incident opposite lane Other

guide from incident

Photo NO photo NO photo NO photo NO photo NO photo NO

Actions taken to make safe (to be completed by contractor after road made safe)

Contractor

Cell A11: The purpose of this Safety Inspection, to be undertaken by a competent person, is to identify safety related defects that require urgent attention to ensure the structure is safe for continued use. It is not required to record routine maintenance defects. These inspections are to be captured and hard copy and electronic records kept. Data shall also captured in SANRAL ITIS system. For existing structures inspections shall at 12 months maximum intervals. For new structures they shall be done every 6 months for the first 24 months and at 12 months maximum intervals thereafter.

Welcome to SARDS Desktop - User Registration. This is a Manual Document that contains information about

the basic registration of the SARDS Desktop software.

3. Purpose of this document

The purpose of this document is to guide the user on the installation, system requirements and prerequisites

of the software.

4. Software Overview

This User Manual discusses basic concepts behind the SARDS Desktop software, such as how to Register a New

User and the process of Logging in into the software.

Copyright © 2019 South African National Roads Agency SOC Limited

Document #: Rev.:

Integrated Transport Information System

Title: SARDS Registration Document Page #:

5. Software Download

Log onto ITIS Portal Website, http://itis.nra.co.za/portal/Default/Index) using User Credential`s and navigate

to:

i. Click on My Account sub menu>

ii. Click on Download sub-menu on the left side>

iii. Click on SARDS Module Tab on the top right>

iv. Select Full Install: SARDS Prerequisites file on the bottom left for first-time installer Download>

v. Click on Setup> Install>

vi. Double click on the SARDS Desktop shortcut on your Desktop.

Copyright © 2019 South African National Roads Agency SOC Limited

Document #: Rev.:

Integrated Transport Information System

Title: SARDS Registration Document Page #:

6. Registration Process

Log onto On the ITIS Portal Website to request the license number http://itisqa.nra.co.za/portal/Default/Index

, navigate to:

i. Click on MyAccount sub-menu>

ii. Click on License Request sub-menu on the left side>

iii. Click on SARDS Module tab top right side>

iv. Click on SARDS Desktop Application checkbox and select relevant answers on the dropdown line items

on Product Module box>

v. Click on the Submit Request button.

NOTE: Licence Key Request should be sent to ITIS Support for further processing

Copyright © 2019 South African National Roads Agency SOC Limited

Document #: Rev.:

Integrated Transport Information System

Title: SARDS Registration Document Page #:

7. Approved Licence Number

Log onto On the ITIS Portal Website to access license number http://itisqa.nra.co.za/portal/Default/Index ,

navigate to:

i. Click on MyAccount sub-menu>

ii. Click on Licence Details sub-menu on the left side>

iii. Click on Available SARDS Licenses tab top right side>

iv. Copy the License Number.

Copyright © 2019 South African National Roads Agency SOC Limited

Document #: Rev.:

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Title: SARDS Registration Document Page #:

8. Register Login Window

i. Capture Username details>

ii. Capture Password details>

iii. Paste License Key number>

iv. Click on Register Button.

Note: If credentials are correct, the software should start the registration process.

Copyright © 2019 South African National Roads Agency SOC Limited

Document #: Rev.:

Integrated Transport Information System

Title: SARDS Registration Document Page #:

9. Registered User Login Window

i. Username should Auto-Populate>

ii. Capture Password details>

iii. License Key number should Auto-Populate>

iv. Click on the Login button.

Copyright © 2019 South African National Roads Agency SOC Limited

Document #: Rev.:

Integrated Transport Information System

Title: SARDS Registration Document Page #:

10. Software Update

Log onto ITIS Portal Website, http://itis.nra.co.za/portal/Default/Index using User Credential`s and navigate to:

i. Click on My Account sub menu>

ii. Click on Download sub-menu on the left side>

iii. Click on SARDS Module Tab on the top right>

iv. Select Click once installer SARDS: Software file download>

v. Click on Setup> Install>

vi. Double click on the SARDS Desktop shortcut on your Desktop.

Copyright © 2019 South African National Roads Agency SOC Limited

Document #: Rev.:

Integrated Transport Information System

Title: SARDS Registration Document Page #:

Note: Should the user get an warning message on the bottom left on the screen, keep changes and continue

with the download

i. Click on Keep button>

ii. Click on More Info line item on the left side>

iii. Click on Run Anyway button Tab on the bottom left >

Copyright © 2019 South African National Roads Agency SOC Limited

Document #: Rev.:

Integrated Transport Information System

Title: SARDS Registration Document Page #:

Copyright © 2019 South African National Roads Agency SOC Limited

Document #: Rev.:

Integrated Transport Information System

Title: SARDS Registration Document Page #:

11. Registered User Login Window (For updated Version)

i. Username should Auto-Populate>

ii. Capture Password details>

iii. License Key number should Auto-Populate>

iv. Click on the Login button.

NB: User Login page should directly take user to the below SARDS Home page attached

Copyright © 2019 South African National Roads Agency SOC Limited

Document #: Rev.:

Integrated Transport Information System

Title: SARDS Registration Document Page #:

Copyright © 2019 South African National Roads Agency SOC Limited

The document which defines the Employer’s objectives and requirements and specifies the Services

which must, or may, be provided under the Contract.

Service Provider

The contracting party named in the Contract Data who is employed by the Employer to perform the

Services described in the Contract, and legal successors to the Service Provider and legally permitted

assignees.

Services

The work to be performed by the Service Provider pursuant to the Contract as described in the Scope of

Work.

Sub-contractor

A person or body corporate who enters into a sub-contract with the Service Provider to perform part of

the Services.

Targeted Enterprise

A Consulting Engineering Firm who is an EME (BEP)* or QSE (BEP)*, contracted by the Service Provider

to perform a tendered percentage of work stated in the Contract Data under his guidance and which

complies with the following:

a) is at least 51% owned by black people: and

b) has a B-BBEE status* of “level one or level two contributor’; and

c) does not share equity holding with the Service Provider; and

d) is registered in terms of the Companies Act, 2008 (Act No. ) or Close Corporation Act, 1984

(Act No. ); and

e) is registered on the National Treasury’s Central Supplier Database (CSD).

• NOTE: All references to EME, QSE, B-BBEE status are in terms of the amended Construction

Sector Codes published in Notice in Government Gazette No 41287 on 1

December 2017.

Technical Proposal

The Key Persons proposed by the Service Provider to undertake the respective functions/duties as

defined under the Contract.

Transferred Road

A provincial or other public road, road section or related asset that is declared or incorporated into the

national road network and is formally handed over to SANRAL, or that the Employer instructs the Service

Provider in writing to assess or manage pending such transfer, subject to the Contract’s variation and

payment provisions.

Works or Works Contract

That project or part of a project that the employer wishes to have delivered and for which the service

provider has been appointed for the performance of the services specified in this contract.

Youth

For purposes of this contract, Youth means persons between the ages of 16 and 35.

2. Interpretation

2.1 Unless inconsistent with the context, an expression which denotes:

a) any gender includes the other genders;

b) a natural person includes a juristic person and vice versa;

c) the singular includes the plural and vice versa.

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2.2 The documents forming the Contract are to be taken as mutually explanatory of one another. For the

purposes of interpretation, the priority of documents shall be in accordance with the following

sequence:

a) the Form of Acceptance

b) the Form of Offer

c) the Contract Data

d) the General Conditions of Contract

e) the Scope of Work

f) the Pricing Schedule and any other documents forming part of the Contract.

2.3 If there is any conflict between the provisions of these General Conditions of Contract and the Contract

Data, the provisions of the Contract Data shall prevail.

2.4 The clause headings shall not limit, alter or affect the meaning of the Contract.

3. General

3.1 Governing laws

“Law” means all national (or other spheres of Government) legislation, statutes, ordinances and other

laws including the South African Common Law, and regulations and by-laws of any legally constituted

public authority.

3.2 Change in legislation

If after the commencement of the Contract, the cost or duration of the Services is altered as a result

of changes in, or additions to, any statute, regulation or bye-law, or the requirements of any authority

having jurisdiction over any matter in respect of the Project, then the Contract Price and time for

completion shall be adjusted in order to reflect the impact of those changes, provided that, within 14

days of first having become aware of the change, the Service Provider furnished the Employer with

detailed justification for the adjustment to the Contract Price.

3.3 Language

3.3.1 The language of the Contract and of all communications between the Parties shall be English.

3.3.2 All reports, recommendations and reports prepared by the Service Provider under the Contract shall

be in English.

3.4 Notices

3.4.1 Any notice, request, consent or other communication under the Contract shall be in writing and

delivered by hand, courier, registered post or email to the address stated in the Contract Data. A hand

or courier delivery is effective when acknowledged at that address; registered post is effective seven

(7) days after posting; and email is effective when transmitted without a delivery-failure notice,

provided that a notice of default, termination or dispute is also delivered by hand, courier or registered

post.

3.4.2 If the sender requires evidence of receipt, he shall state such requirement in his communication and,

wherever there is deadline for the receipt of the communication, he may demand evidence of receipt

of his communication. In any event, the sender shall take all the necessary measures to ensure receipt

of communications.

3.4.3 A Party may change its address for receipt of communications by giving the other Party 30 days

advance notice of such change.

3.5 Location

The Services shall be performed at such locations as are specified in the Contract Data, and where

the location of a particular task is not so specified, at such locations as the Employer may approve.

3.6 Publicity and publication

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Unless otherwise agreed, the Service Provider shall not release public or media statements or publish

material related to the Services or Project within two (2) years of completion of the Services without

the written approval of the Employer, which approval shall not be unreasonably withheld.

3.7 Confidentiality

Both Parties shall keep all commercially sensitive information obtained by them in the context of the

Contract confidential and shall not divulge it without the written approval of the other Party except to

the extent strictly necessary to carry out obligations under this Contract or to comply with applicable

laws.

3.8 Variations

3.8.1 The Employer may, without changing the objectives or fundamental scope of the Contract, order

variations to the Services or may request the Service Provider to submit proposals, including the time

and cost implications, for variations to the Services. No variation shall have any force or effect unless

reduced to writing and signed by both Parties.

3.8.2 The reasonable cost of preparation and submission of such proposals and the incorporation into the

Contract of any variations to the Services ordered by the Employer, including any change in the

Contract Price, shall be agreed in writing between the Service Provider and the Employer, prior to the

change being implemented.

3.8.3 Where a variation is necessitated by default or breach of Contract by the Service Provider, any

additional cost attributable to such variation shall be borne by the Service Provider.

3.9 Sole agreement

The Contract constitutes the sole agreement between the Parties for the performance of the Services

and no representation not contained therein shall be of any force or effect. No amendments will be of

any force or effect unless reduced to writing and signed by both Parties.

3.10 Indemnification

The Service Provider shall, at his own expense, indemnify, protect and defend the Employer, its agents

and employees, from and against all actions, claims, losses and damage arising from any wilful or

negligent act or omission by the Service Provider or his sub-contractors in the performance of the

Services, including any violation of legal provisions, or rights of others, in respect of patents,

trademarks and other forms of intellectual property such as copyrights.

3.11 Penalty

3.11.1 In the event that due to his negligence, or for reasons within his control, the Service Provider does not

perform the Services within the Period of Performance, the Employer shall without prejudice to his

other remedies under the Contract, be entitled to levy a penalty for every day or part thereof, which

shall elapse between the end of the period specified for performance, or an extended Period of

Performance, and the actual date of completion, at the rate and up to the maximum amount stated in

the Contract Data.

3.11.2 If the Employer has become entitled to the maximum penalty amount referred to in 3.11.1, he may

after giving notice to the Service Provider:

a) terminate the Contract

b) complete the Services at the Service Provider’s cost.

3.11.3 In the event that due to his negligence or for reasons within his control, the Service Provider does not

disclose sub-contracting arrangements, the Employer may be entitled to levy a penalty as stated in

the Contract Data.

3.11.4 In the event that due to his negligence or for reasons within his control, the Service Provider does not

perform the service of capturing structures inventory updates, the Employer shall be entitled to levy a

penalty as stated in the Contract Data.

3.11.5 In the event that the draft documentation and/or design is of sub-standard/poor quality, the Employer

shall be entitled to levy a penalty for the additional time spent by the Employer to correct the

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documentation and/or design to the required acceptable standard at the hourly tariffs as specified

under Additional Duties.

3.12 Equipment and materials furnished by the Employer

3.12.1 Equipment and materials made available to the Service Provider by the Employer, or purchased by

the Service Provider with funds provided by the Employer for the performance of the Services shall be

the property of the Employer and shall be marked accordingly. Upon termination or expiration of the

Contract, the Service Provider shall make available to the Employer an inventory of such equipment

and materials and shall dispose of them in accordance with the Employer’s instructions.

3.12.2 Unless otherwise stated in the Contract Data, the Service Provider shall, at his own expense, insure

the equipment and materials referred to in 3.12.1 for their full replacement value.

3.13 Illegal and impossible requirements

The Service Provider shall notify the Employer immediately, should he become aware that the Contract

requires him to undertake anything which is illegal or impossible.

3.14 Programme

3.14.1 The Service Provider shall, within the time period set out in the Contract Data, submit to the Employer

a programme for the performance of the Services which shall, inter alia, include:

a) the order and timing of operations by the Service Provider and any actions required of the

Employer and Others;

b) the dates by which the Service Provider plans to complete work needed to allow the Employer

and Others to undertake work required of them; and

c) other information as required in terms of the Scope of Work or Contract Data.

3.14.2 The Employer may, during the course of the Contract, request the Service Provider to amend the

programme. Where this is not practicable, the Service Provider shall advise the Employer accordingly

and advise him of alternative measures, if any, which might be taken.

3.14.3 The Service Provider shall regularly update the programme to reflect actual progress to date and

expected future progress.

3.15 Severability

If a court of competent jurisdiction holds that any provision of this Contract is severable by reason of

it being invalid, illegal, unlawful or unenforceable and as a consequence of which prevents the

accomplishment of the purpose of this Contract, the Employer and the Service Provider shall meet

and review the matter to adopt means to fulfil the purpose of the Contract.

3.16 Waiver

No defence of a waiver of any of the provisions of this contract shall be effective unless it is expressly

stated in writing, by the Party against whom such defence is raised, to be a waiver of such provisions

and is communicated to the other Party in writing in accordance with the provisions of Clause 3.4.

4. Employer’s obligations

4.1 Information

4.1.1 The Employer shall timeously provide to the Service Provider, free of cost, all available information

and data in the Employer’s possession which may be required for the performance of the Services.

4.1.2 The Employer shall provide the Service Provider with any assistance required in obtaining other

relevant information that the latter may require in order to perform the Services.

4.1.3 The Service Provider shall be entitled to rely on the accuracy and completeness of all information

furnished by or on behalf of the Employer.

4.2 Decisions

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The Employer shall, within a reasonable time, give his decision on any matter properly referred to him

in writing by the Service Provider so as not to delay the performance of Services.

4.3 Assistance

The Employer shall co-operate with the Service Provider and shall not interfere with or obstruct the

proper performance of the Services. The Employer shall as soon as practicable:

4.3.1 authorise the Service Provider to act as his agent insofar as may be necessary for the performance of

the Services;

4.3.2 provide all relevant data, information, reports, correspondence and the like, which become available;

4.3.3 procure the Service Provider’s ready access to premises, or sites, necessary for the performance of

the Services;

4.3.4 assist in the seeking of all approvals, licenses and permits from state, regional and municipal

authorities having jurisdiction over the Project, unless otherwise stated in the Contract Data;

4.3.5 designate in writing a person to act with his complete authority in giving instructions and receiving

communications on his behalf and interpreting and defining his policies and requirements in regard to

the Services.

4.4 Services of Others

4.4.1 The Employer shall, at his own cost, engage such Others as may be necessary for the execution of

work necessary for the completion of the Project, but not included in the Services.

4.4.2 The Employer shall not enter into an agreement or contract with Others which describes any of the

duties and responsibilities of the Service Provider in terms of the Contract or which imposes obligations

on him, without first obtaining the Service Provider’s written agreement thereto.

4.5 Notice of change by Employer

On becoming aware of any matter which will materially change, or has changed, the scope, cost or

timing of the Services, or on becoming aware of any defect or deficiency in the Services, the Employer

shall immediately advise the Service Provider thereof.

4.6 Issue of instructions

Where the Service Provider is required to administer the work or services of Others, or any contract

or agreement, on behalf of the Employer, then the Employer shall issue instructions related to such

work, services, contract or agreement only through the Service Provider.

4.7 Payment of Service Provider

The Employer shall pay the Service Provider the Contract Price in accordance with the provisions of

the Contract.

5. Service provider’s obligations

5.1 General

5.1.1 The Service Provider shall perform the Services in accordance with the Scope of Work with all

reasonable care, diligence and skill in accordance with generally accepted professional techniques

and standards and shall be responsible for breach of professional duty by reason of any error, omission

or neglect in connection with delivering the services

5.1.2 Where the Services include the exercise of powers to certify, decide or otherwise exercise discretion

in regard to a contract or agreement between the Employer and Others, then the Service Provider

shall act in respect of that contract or agreement as an independent professional

5.1.3 If the Service Provider is a joint venture or consortium of two or more persons, the Service Provider

shall designate one person to act as leader with authority to bind the joint venture or consortium.

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Neither the composition nor the constitution of the joint venture or consortium shall be altered without

the prior consent in writing of the Employer, which shall not be unreasonably withheld.

5.1.4 Unless otherwise instructed in writing, the Service Provider is appointed as the Employer’s mandatary

for the purposes of section 37(2) of the Occupational Health and Safety Act, 1993 (Act No. ),

and as the Client’s agent in terms of regulation 5(5) of the Construction Regulations, 2014. The Service

Provider shall perform the duties in regulations 5(6) and 5(7), and the designer duties in regulation 6

where applicable.

5.1.5 The Service Provider, if requested by the Employer, shall provide any plans and calculations for

checking by Others.

5.1.6 All design calculations shall be kept and safeguarded for the duration of the insurance(s) required in

terms of clause 5.4.1.

5.2 Exercise of authority

5.2.1 The Service Provider shall have no authority to relieve Others appointed by the Employer to undertake

work on the Project of any of their duties, obligations, or responsibilities under their respective

agreements or contracts, unless expressly authorised by the Employer in response to an application

by the Service Provider in writing to do so.

5.2.2 Whenever necessary to enter upon land for the performance of the Contract the service Provider shall

do so in accordance with the provisions of the SANRAL Act, (Act ) and shall indemnify the

Employer from all costs arising from any transgression committed by the Service Provider.

5.3 Designated representative

The Service Provider shall designate in writing a person to act as his representative and such person

shall have complete authority to receive instructions from and give information to the Employer on

behalf of the Service Provider.

5.4 Insurances to be taken out by the Service Provider

5.4.1 The Service Provider shall, at his own cost, unless otherwise agreed, take out and maintain in force

such insurance policies in respect of their own risks in performing the Services as are stipulated in the

Contract Data, subject to the approval of the Employer, which approved shall not be unreasonably

withheld.

5.4.2 The Service Provider shall, at the Employer’s request, provide evidence to the Employer showing that

the insurance required in terms of Clause 5.4.1 has been taken out with an insurance company

registered in the Republic of South Africa, or as otherwise approved by the Employer and maintained

in force.

5.5 Service Provider’s actions requiring Employer’s prior approval

The Service Provider shall obtain the Employer’s prior approval in writing before taking, inter alia, any

of the following actions:

a) appointing Sub-contractors for the performance of any part of the Services,

b) appointing Key Persons not listed by name in the Contract Data.

c) any other action that may be specified in the Contract Data.

5.6 Co-operation with Others

If the Service Provider is required to perform the Services in co-operation with Others he may make

recommendations to the Employer in respect of the appointment of such Others. The Service Provider

shall, however, only be responsible for his own performance and the performance of sub-contractors

unless otherwise provided for.

5.7 Notice of change by Service Provider

On becoming aware of any matter which will materially change or has changed the scope, cost or

timing of the Services, the Service Provider shall give notice thereof to the Employer, save that the

Service Provider is empowered to make minor changes or variations within the overall programme or

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budget and within such parameters as are defined by the Employer, provided that such changes are

reported timeously to the Employer.

5.8 Safeguarding the Employer’s data

5.8.1 The Parties shall take reasonable precautions (each having regard to the nature of the other‘s

respective obligations under the Contract) to preserve the integrity of the Employer’s data including

appropriate back-up procedures.

5.8.2 In the event that the Employer’s data is corrupted or lost as a result of any default by the Service

Provider, the Employer shall at the Service Provider’s expense, have the option to:

• require the Service Provider to restore or procure the restoration of such data; or;
• itself restore or procure restoration of such data.

5.8.3 The Service Provider shall process personal information and protect Employer data in accordance with

the Protection of Personal Information Act, 2013 (Act No. ), applicable cybersecurity

requirements and the Employer’s information-security policies. Access shall be limited to authorised

persons, information shall be used only for the Contract, and any actual or suspected loss,

unauthorised access or security compromise shall be reported to the Employer immediately. On

completion or termination, the Service Provider shall return or securely destroy information as

instructed, subject to lawful record-retention requirements.

5.9 Performance Security

Where required, the Service Provider shall obtain (at his cost) a Performance Security for proper

performance in the amount and currencies stated in the Contract Data. If an amount is not stated in

the Contract Data, this sub-clause shall not apply.

The Service Provider shall deliver the Performance Security to the Employer within 14 days of the date

of issue of the Letter of Acceptance. The Performance Security shall be issued by an insurance

company or bank registered or licensed as an insurance company or bank to do business in the

Republic of South Africa and approved by the Employer and having an office or banking facility in the

Republic of South Africa. The Performance Security shall be subject to approval by the Employer and

shall be in the form prescribed in the tender documents.

6. Conflicts of interest, corruption and fraud

6.1 Service Provider not to benefit from commissions, discounts, etc.

The remuneration of the Service Provider under the Contract shall constitute the Service Provider’s

sole remuneration in connection with the Contract, or the Services, and the Service Provider shall not

accept for his own benefit any trade commission, discount, or similar payment in connection with

activities pursuant to the Contract, or in the discharge of his obligations under the Contract, and shall

use his best efforts to ensure that the Personnel, any Sub-contractors, and agents of either of them

shall, similarly, not receive any additional remuneration.

6.2 Royalties and the like

The Service Provider shall not have the benefit, whether directly or indirectly, of any royalty or of any

gratuity or commission in respect of any patented or protected article or process used in or for the

purposes of the Contract, or Project, unless so agreed by the Employer in writing.

6.3 Independence

The Service Provider shall refrain from entering into any relationship which could be perceived as

compromising his independence of judgment, or that of Subcontractors or Personnel.

6.4 Corruption and Fraud

6.4.1 The Service Provider shall neither:

(a) Offer or give or agree to give any person of the Employer any gift or consideration of any kind as

an inducement or reward for doing or forbearing to do or for having done or forebore to do any

act in relation to the obtaining or performance of this contract or any other contract with the

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Employer or for showing or forbearing to show favour or disfavour to any person in relation to this

contract; nor

(b) Enter into this contract if in connection with it commission or a reward of any type has been paid,

offered or agreed to be paid to any person of the Employer by the Service Provider or on his

behalf or knowledge.

6.4.2 In the event that the Employer, in good faith and on reasonable grounds, comes to the opinion, that a

breach of any of the provisions of Clause 6.4.1 has been perpetrated by the Service Provider or anyone

employed by him or acting on his behalf in relation to this contract or any other agreement with the

Employer, the Employer may:

(a) summarily suspend the operation of this Contract by notice in writing to the Service Provider,

informing him of the Employer’s opinion and the grounds and reasons upon which it is based, and

calling upon the Service Provider to show cause, in writing, within fourteen (14) days of receipt of

the written notice why the Employer should not terminate this Contract on the grounds of the

alleged breach(es) of Clause 6.4.1 of this Contract;

(b) withhold all payments due;

(c) terminate this Contract by notice in writing to the Service Provider, if the Service Provider fails to

respond to the Employer’s written response, to satisfy the Employer that his opinion is unfounded.

Provided always that such termination shall not prejudice or affect any right of action or remedy,

which shall have accrued or shall accrue thereafter to the Employer and provided also that the

Employer may recover from the Service Provider such sum as the Employer deems equivalent to

the amount or value of any such gift, consideration or commission.

6.4.3 In the event that the Employer, in good faith and on reasonable grounds, comes to the opinion that

any contract with a Government or public sector body has been or was obtained by the Service

Provider through actions that mutatis mutandis are similar in nature to those barred in terms of Clause

6.4.2 by the Service Provider or by anyone employed by the Service Provider or acting on the Service

Provider’s behalf in relation to such Contract, the Employer may:

(a) summarily suspend the operation of this Contract by notice in writing to the Service Provider,

informing him of the Employer’s opinion and the grounds and reasons upon which it is based,

and calling upon the Service Provider to show cause, in writing within fourteen (14) days of

receipt of the written notice why the Employer should not terminate this Contract on the

grounds of the alleged breach(es) of Clause 6.4.1 of this contract;

(b) withholds all payments due

(c) terminate this Contract by notice in writing to the Service Provider, if the Service Provider fails

to respond to the Employer’s written notice within the prescribed time, or fails, in his written

response, to satisfy the Employer that this opinion is unfounded. Provided always that such

termination shall not prejudice or affect any right of action or remedy, which shall have accrued

or shall accrue thereafter to the Employer.

7. Service provider’s personnel

7.1 Provision of Personnel

7.1.1 The Service Provider shall provide appropriate Personnel for such time periods as required in terms

of the Contract and shall enter all data pertaining to Personnel including titles, job descriptions, quali-

fications and estimated periods of engagement on the performance of the Services in the Personnel

Schedule.

7.1.2 The Services shall be performed by the Personnel listed in the Personnel Schedule for the periods of

time indicated therein. The Service Provider may, subject to the approval of the Employer, make such

adjustments to the data provided in terms of Clause 7.1.1 above as may be appropriate to ensure the

efficient performance of the Services, provided that the adjustments will not cause payments to exceed

any limit placed on the Contract Price.

7.1.3 The Service Provider shall:

(a) forward to the Employer for approval, within 15 days of the award of the Contract, the Personnel

Schedule and a timetable for the placement of Personnel.

(b) inform the Employer of the date of commencement and departure of each member of Personnel

during the course of the Project.

(c) submit to the Employer for his approval a timely request for any proposed change to Personnel,

or timetables.

7.2 Staff and equipment

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7.2.1 The Service Provider shall employ and provide all qualified and experienced Personnel required to

perform the Services.

7.2.2 Where required in terms of the Contract, the Service Provider shall provide Key Persons as listed in

the Contract Data to perform specific duties. If at any time, a particular Key Person cannot be made

available, the Service Provider may engage a replacement who is equally or better qualified to perform

the stated duty, subject to the Employer’s approval, which approval shall not be unreasonably withheld.

7.2.3 Where the Service Provider proposes to utilise a person not named in the Personnel Schedule, he

shall submit the name, relevant qualifications and experience of the proposed replacement person to

the Employer for approval.

7.2.4 Where the fees for the Services are time-based, the fee payable for a person provided as a replace-

ment shall not exceed that which would have been payable to the person replaced.

7.2.5 Except in the case of replacement resulting from death or where the Employer requests a replacement

not provided for by the Contract, the Service Provider shall bear all additional costs arising out of or

incidental to such replacement.

7.2.6 The Service Provider shall take all measures necessary and shall provide all materials and equipment

necessary to enable Personnel to perform their duties in an efficient manner.

7.3 Working hours, overtime and leave

Where the fee for the Services are time-based, working hours, leave entitlement and holidays for

Personnel provided in terms of Clause 7 are to be as stated in the Contract Data, or, if not stated, to

be determined by the Service Provider. The Employer will not be responsible for overtime payments

to Personnel unless so specifically provided for in the Pricing Schedule.

8. Commencement, completion, modification suspension and termination of the

Contract

8.1 Commencement

The effective date of the contract shall be the date of the Form of Acceptance.

The Contract shall come into effect on the date that it is signed by both Parties or such later date as

may be stated in the Contract Data. The Service Provider shall commence the performance of the

Services within thirty (30) days after the date that the Contract becomes effective, or such date as may

be specified in the Contract Data. The supervision phase shall commence on the date confirmed by

the Employer at the Works Contract hand-over meeting.

8.2 Completion

8.2.1 Unless terminated in terms of the Contract, or otherwise specified in the Contract Data, the Contract

shall be concluded when the Service Provider has completed all Deliverables in accordance with the

Scope of Work.

8.2.2 The Service Provider, may request an extension to the Period of Performance if he is or will be delayed

in completing the Contract by any of the following causes:

a) variations to Services ordered by the Employer.

b) failure of the Employer to fulfil his obligations under the Contract.

c) any delay in the performance of the Services which is not due to the Service Provider’s default.

d) Force Majeure

8.2.3 The Service Provider shall within 14 days of becoming aware that a delay may occur, notify the

Employer of his intention to make a request for the extension of the Period of Performance to which

he considers himself entitled and shall within 30 days thereafter deliver to the Employer full and

detailed particulars of the request, in order that it may be investigated at the time.

8.2.4 The Employer shall, within 30 days of receipt of a detailed request, grant such extension to the Period

of Performance as may be justified, either prospectively or retrospectively, or inform the Service

Provider that he is not entitled to an extension. Should the Service Provider find the decision of the

Employer to be unacceptable he shall, nevertheless, abide by such decision in the performance of the

services and the matter shall be dealt with as a dispute in terms of Clause 12.

The document which defines the Employer’s objectives and requirements and specifies the Services

which must, or may, be provided under the Contract.

Service Provider

The contracting party named in the Contract Data who is employed by the Employer to perform the

Services described in the Contract, and legal successors to the Service Provider and legally permitted

assignees.

Services

The work to be performed by the Service Provider pursuant to the Contract as described in the Scope of

Work.

Sub-contractor

A person or body corporate who enters into a sub-contract with the Service Provider to perform part of

the Services.

Targeted Enterprise

A Consulting Engineering Firm who is an EME (BEP)* or QSE (BEP)*, contracted by the Service Provider

to perform a tendered percentage of work stated in the Contract Data under his guidance and which

complies with the following:

a) is at least 51% owned by black people: and

b) has a B-BBEE status* of “level one or level two contributor’; and

c) does not share equity holding with the Service Provider; and

d) is registered in terms of the Companies Act, 2008 (Act No. ) or Close Corporation Act, 1984

(Act No. ); and

e) is registered on the National Treasury’s Central Supplier Database (CSD).

• NOTE: All references to EME, QSE, B-BBEE status are in terms of the amended Construction

Sector Codes published in Notice in Government Gazette No 41287 on 1

December 2017.

Technical Proposal

The Key Persons proposed by the Service Provider to undertake the respective functions/duties as

defined under the Contract.

Transferred Road

A provincial or other public road, road section or related asset that is declared or incorporated into the

national road network and is formally handed over to SANRAL, or that the Employer instructs the Service

Provider in writing to assess or manage pending such transfer, subject to the Contract’s variation and

payment provisions.

Works or Works Contract

That project or part of a project that the employer wishes to have delivered and for which the service

provider has been appointed for the performance of the services specified in this contract.

Youth

For purposes of this contract, Youth means persons between the ages of 16 and 35.

2. Interpretation

2.1 Unless inconsistent with the context, an expression which denotes:

a) any gender includes the other genders;

b) a natural person includes a juristic person and vice versa;

c) the singular includes the plural and vice versa.

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2.2 The documents forming the Contract are to be taken as mutually explanatory of one another. For the

purposes of interpretation, the priority of documents shall be in accordance with the following

sequence:

a) the Form of Acceptance

b) the Form of Offer

c) the Contract Data

d) the General Conditions of Contract

e) the Scope of Work

f) the Pricing Schedule and any other documents forming part of the Contract.

2.3 If there is any conflict between the provisions of these General Conditions of Contract and the Contract

Data, the provisions of the Contract Data shall prevail.

2.4 The clause headings shall not limit, alter or affect the meaning of the Contract.

3. General

3.1 Governing laws

“Law” means all national (or other spheres of Government) legislation, statutes, ordinances and other

laws including the South African Common Law, and regulations and by-laws of any legally constituted

public authority.

3.2 Change in legislation

If after the commencement of the Contract, the cost or duration of the Services is altered as a result

of changes in, or additions to, any statute, regulation or bye-law, or the requirements of any authority

having jurisdiction over any matter in respect of the Project, then the Contract Price and time for

completion shall be adjusted in order to reflect the impact of those changes, provided that, within 14

days of first having become aware of the change, the Service Provider furnished the Employer with

detailed justification for the adjustment to the Contract Price.

3.3 Language

3.3.1 The language of the Contract and of all communications between the Parties shall be English.

3.3.2 All reports, recommendations and reports prepared by the Service Provider under the Contract shall

be in English.

3.4 Notices

3.4.1 Any notice, request, consent or other communication under the Contract shall be in writing and

delivered by hand, courier, registered post or email to the address stated in the Contract Data. A hand

or courier delivery is effective when acknowledged at that address; registered post is effective seven

(7) days after posting; and email is effective when transmitted without a delivery-failure notice,

provided that a notice of default, termination or dispute is also delivered by hand, courier or registered

post.

3.4.2 If the sender requires evidence of receipt, he shall state such requirement in his communication and,

wherever there is deadline for the receipt of the communication, he may demand evidence of receipt

of his communication. In any event, the sender shall take all the necessary measures to ensure receipt

of communications.

3.4.3 A Party may change its address for receipt of communications by giving the other Party 30 days

advance notice of such change.

3.5 Location

The Services shall be performed at such locations as are specified in the Contract Data, and where

the location of a particular task is not so specified, at such locations as the Employer may approve.

3.6 Publicity and publication

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Unless otherwise agreed, the Service Provider shall not release public or media statements or publish

material related to the Services or Project within two (2) years of completion of the Services without

the written approval of the Employer, which approval shall not be unreasonably withheld.

3.7 Confidentiality

Both Parties shall keep all commercially sensitive information obtained by them in the context of the

Contract confidential and shall not divulge it without the written approval of the other Party except to

the extent strictly necessary to carry out obligations under this Contract or to comply with applicable

laws.

3.8 Variations

3.8.1 The Employer may, without changing the objectives or fundamental scope of the Contract, order

variations to the Services or may request the Service Provider to submit proposals, including the time

and cost implications, for variations to the Services. No variation shall have any force or effect unless

reduced to writing and signed by both Parties.

3.8.2 The reasonable cost of preparation and submission of such proposals and the incorporation into the

Contract of any variations to the Services ordered by the Employer, including any change in the

Contract Price, shall be agreed in writing between the Service Provider and the Employer, prior to the

change being implemented.

3.8.3 Where a variation is necessitated by default or breach of Contract by the Service Provider, any

additional cost attributable to such variation shall be borne by the Service Provider.

3.9 Sole agreement

The Contract constitutes the sole agreement between the Parties for the performance of the Services

and no representation not contained therein shall be of any force or effect. No amendments will be of

any force or effect unless reduced to writing and signed by both Parties.

3.10 Indemnification

The Service Provider shall, at his own expense, indemnify, protect and defend the Employer, its agents

and employees, from and against all actions, claims, losses and damage arising from any wilful or

negligent act or omission by the Service Provider or his sub-contractors in the performance of the

Services, including any violation of legal provisions, or rights of others, in respect of patents,

trademarks and other forms of intellectual property such as copyrights.

3.11 Penalty

3.11.1 In the event that due to his negligence, or for reasons within his control, the Service Provider does not

perform the Services within the Period of Performance, the Employer shall without prejudice to his

other remedies under the Contract, be entitled to levy a penalty for every day or part thereof, which

shall elapse between the end of the period specified for performance, or an extended Period of

Performance, and the actual date of completion, at the rate and up to the maximum amount stated in

the Contract Data.

3.11.2 If the Employer has become entitled to the maximum penalty amount referred to in 3.11.1, he may

after giving notice to the Service Provider:

a) terminate the Contract

b) complete the Services at the Service Provider’s cost.

3.11.3 In the event that due to his negligence or for reasons within his control, the Service Provider does not

disclose sub-contracting arrangements, the Employer may be entitled to levy a penalty as stated in

the Contract Data.

3.11.4 In the event that due to his negligence or for reasons within his control, the Service Provider does not

perform the service of capturing structures inventory updates, the Employer shall be entitled to levy a

penalty as stated in the Contract Data.

3.11.5 In the event that the draft documentation and/or design is of sub-standard/poor quality, the Employer

shall be entitled to levy a penalty for the additional time spent by the Employer to correct the

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documentation and/or design to the required acceptable standard at the hourly tariffs as specified

under Additional Duties.

3.12 Equipment and materials furnished by the Employer

3.12.1 Equipment and materials made available to the Service Provider by the Employer, or purchased by

the Service Provider with funds provided by the Employer for the performance of the Services shall be

the property of the Employer and shall be marked accordingly. Upon termination or expiration of the

Contract, the Service Provider shall make available to the Employer an inventory of such equipment

and materials and shall dispose of them in accordance with the Employer’s instructions.

3.12.2 Unless otherwise stated in the Contract Data, the Service Provider shall, at his own expense, insure

the equipment and materials referred to in 3.12.1 for their full replacement value.

3.13 Illegal and impossible requirements

The Service Provider shall notify the Employer immediately, should he become aware that the Contract

requires him to undertake anything which is illegal or impossible.

3.14 Programme

3.14.1 The Service Provider shall, within the time period set out in the Contract Data, submit to the Employer

a programme for the performance of the Services which shall, inter alia, include:

a) the order and timing of operations by the Service Provider and any actions required of the

Employer and Others;

b) the dates by which the Service Provider plans to complete work needed to allow the Employer

and Others to undertake work required of them; and

c) other information as required in terms of the Scope of Work or Contract Data.

3.14.2 The Employer may, during the course of the Contract, request the Service Provider to amend the

programme. Where this is not practicable, the Service Provider shall advise the Employer accordingly

and advise him of alternative measures, if any, which might be taken.

3.14.3 The Service Provider shall regularly update the programme to reflect actual progress to date and

expected future progress.

3.15 Severability

If a court of competent jurisdiction holds that any provision of this Contract is severable by reason of

it being invalid, illegal, unlawful or unenforceable and as a consequence of which prevents the

accomplishment of the purpose of this Contract, the Employer and the Service Provider shall meet

and review the matter to adopt means to fulfil the purpose of the Contract.

3.16 Waiver

No defence of a waiver of any of the provisions of this contract shall be effective unless it is expressly

stated in writing, by the Party against whom such defence is raised, to be a waiver of such provisions

and is communicated to the other Party in writing in accordance with the provisions of Clause 3.4.

4. Employer’s obligations

4.1 Information

4.1.1 The Employer shall timeously provide to the Service Provider, free of cost, all available information

and data in the Employer’s possession which may be required for the performance of the Services.

4.1.2 The Employer shall provide the Service Provider with any assistance required in obtaining other

relevant information that the latter may require in order to perform the Services.

4.1.3 The Service Provider shall be entitled to rely on the accuracy and completeness of all information

furnished by or on behalf of the Employer.

4.2 Decisions

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The Employer shall, within a reasonable time, give his decision on any matter properly referred to him

in writing by the Service Provider so as not to delay the performance of Services.

4.3 Assistance

The Employer shall co-operate with the Service Provider and shall not interfere with or obstruct the

proper performance of the Services. The Employer shall as soon as practicable:

4.3.1 authorise the Service Provider to act as his agent insofar as may be necessary for the performance of

the Services;

4.3.2 provide all relevant data, information, reports, correspondence and the like, which become available;

4.3.3 procure the Service Provider’s ready access to premises, or sites, necessary for the performance of

the Services;

4.3.4 assist in the seeking of all approvals, licenses and permits from state, regional and municipal

authorities having jurisdiction over the Project, unless otherwise stated in the Contract Data;

4.3.5 designate in writing a person to act with his complete authority in giving instructions and receiving

communications on his behalf and interpreting and defining his policies and requirements in regard to

the Services.

4.4 Services of Others

4.4.1 The Employer shall, at his own cost, engage such Others as may be necessary for the execution of

work necessary for the completion of the Project, but not included in the Services.

4.4.2 The Employer shall not enter into an agreement or contract with Others which describes any of the

duties and responsibilities of the Service Provider in terms of the Contract or which imposes obligations

on him, without first obtaining the Service Provider’s written agreement thereto.

4.5 Notice of change by Employer

On becoming aware of any matter which will materially change, or has changed, the scope, cost or

timing of the Services, or on becoming aware of any defect or deficiency in the Services, the Employer

shall immediately advise the Service Provider thereof.

4.6 Issue of instructions

Where the Service Provider is required to administer the work or services of Others, or any contract

or agreement, on behalf of the Employer, then the Employer shall issue instructions related to such

work, services, contract or agreement only through the Service Provider.

4.7 Payment of Service Provider

The Employer shall pay the Service Provider the Contract Price in accordance with the provisions of

the Contract.

5. Service provider’s obligations

5.1 General

5.1.1 The Service Provider shall perform the Services in accordance with the Scope of Work with all

reasonable care, diligence and skill in accordance with generally accepted professional techniques

and standards and shall be responsible for breach of professional duty by reason of any error, omission

or neglect in connection with delivering the services

5.1.2 Where the Services include the exercise of powers to certify, decide or otherwise exercise discretion

in regard to a contract or agreement between the Employer and Others, then the Service Provider

shall act in respect of that contract or agreement as an independent professional

5.1.3 If the Service Provider is a joint venture or consortium of two or more persons, the Service Provider

shall designate one person to act as leader with authority to bind the joint venture or consortium.

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Neither the composition nor the constitution of the joint venture or consortium shall be altered without

the prior consent in writing of the Employer, which shall not be unreasonably withheld.

5.1.4 Unless otherwise instructed in writing, the Service Provider is appointed as the Employer’s mandatary

for the purposes of section 37(2) of the Occupational Health and Safety Act, 1993 (Act No. ),

and as the Client’s agent in terms of regulation 5(5) of the Construction Regulations, 2014. The Service

Provider shall perform the duties in regulations 5(6) and 5(7), and the designer duties in regulation 6

where applicable.

5.1.5 The Service Provider, if requested by the Employer, shall provide any plans and calculations for

checking by Others.

5.1.6 All design calculations shall be kept and safeguarded for the duration of the insurance(s) required in

terms of clause 5.4.1.

5.2 Exercise of authority

5.2.1 The Service Provider shall have no authority to relieve Others appointed by the Employer to undertake

work on the Project of any of their duties, obligations, or responsibilities under their respective

agreements or contracts, unless expressly authorised by the Employer in response to an application

by the Service Provider in writing to do so.

5.2.2 Whenever necessary to enter upon land for the performance of the Contract the service Provider shall

do so in accordance with the provisions of the SANRAL Act, (Act ) and shall indemnify the

Employer from all costs arising from any transgression committed by the Service Provider.

5.3 Designated representative

The Service Provider shall designate in writing a person to act as his representative and such person

shall have complete authority to receive instructions from and give information to the Employer on

behalf of the Service Provider.

5.4 Insurances to be taken out by the Service Provider

5.4.1 The Service Provider shall, at his own cost, unless otherwise agreed, take out and maintain in force

such insurance policies in respect of their own risks in performing the Services as are stipulated in the

Contract Data, subject to the approval of the Employer, which approved shall not be unreasonably

withheld.

5.4.2 The Service Provider shall, at the Employer’s request, provide evidence to the Employer showing that

the insurance required in terms of Clause 5.4.1 has been taken out with an insurance company

registered in the Republic of South Africa, or as otherwise approved by the Employer and maintained

in force.

5.5 Service Provider’s actions requiring Employer’s prior approval

The Service Provider shall obtain the Employer’s prior approval in writing before taking, inter alia, any

of the following actions:

a) appointing Sub-contractors for the performance of any part of the Services,

b) appointing Key Persons not listed by name in the Contract Data.

c) any other action that may be specified in the Contract Data.

5.6 Co-operation with Others

If the Service Provider is required to perform the Services in co-operation with Others he may make

recommendations to the Employer in respect of the appointment of such Others. The Service Provider

shall, however, only be responsible for his own performance and the performance of sub-contractors

unless otherwise provided for.

5.7 Notice of change by Service Provider

On becoming aware of any matter which will materially change or has changed the scope, cost or

timing of the Services, the Service Provider shall give notice thereof to the Employer, save that the

Service Provider is empowered to make minor changes or variations within the overall programme or

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budget and within such parameters as are defined by the Employer, provided that such changes are

reported timeously to the Employer.

5.8 Safeguarding the Employer’s data

5.8.1 The Parties shall take reasonable precautions (each having regard to the nature of the other‘s

respective obligations under the Contract) to preserve the integrity of the Employer’s data including

appropriate back-up procedures.

5.8.2 In the event that the Employer’s data is corrupted or lost as a result of any default by the Service

Provider, the Employer shall at the Service Provider’s expense, have the option to:

• require the Service Provider to restore or procure the restoration of such data; or;
• itself restore or procure restoration of such data.

5.8.3 The Service Provider shall process personal information and protect Employer data in accordance with

the Protection of Personal Information Act, 2013 (Act No. ), applicable cybersecurity

requirements and the Employer’s information-security policies. Access shall be limited to authorised

persons, information shall be used only for the Contract, and any actual or suspected loss,

unauthorised access or security compromise shall be reported to the Employer immediately. On

completion or termination, the Service Provider shall return or securely destroy information as

instructed, subject to lawful record-retention requirements.

5.9 Performance Security

Where required, the Service Provider shall obtain (at his cost) a Performance Security for proper

performance in the amount and currencies stated in the Contract Data. If an amount is not stated in

the Contract Data, this sub-clause shall not apply.

The Service Provider shall deliver the Performance Security to the Employer within 14 days of the date

of issue of the Letter of Acceptance. The Performance Security shall be issued by an insurance

company or bank registered or licensed as an insurance company or bank to do business in the

Republic of South Africa and approved by the Employer and having an office or banking facility in the

Republic of South Africa. The Performance Security shall be subject to approval by the Employer and

shall be in the form prescribed in the tender documents.

6. Conflicts of interest, corruption and fraud

6.1 Service Provider not to benefit from commissions, discounts, etc.

The remuneration of the Service Provider under the Contract shall constitute the Service Provider’s

sole remuneration in connection with the Contract, or the Services, and the Service Provider shall not

accept for his own benefit any trade commission, discount, or similar payment in connection with

activities pursuant to the Contract, or in the discharge of his obligations under the Contract, and shall

use his best efforts to ensure that the Personnel, any Sub-contractors, and agents of either of them

shall, similarly, not receive any additional remuneration.

6.2 Royalties and the like

The Service Provider shall not have the benefit, whether directly or indirectly, of any royalty or of any

gratuity or commission in respect of any patented or protected article or process used in or for the

purposes of the Contract, or Project, unless so agreed by the Employer in writing.

6.3 Independence

The Service Provider shall refrain from entering into any relationship which could be perceived as

compromising his independence of judgment, or that of Subcontractors or Personnel.

6.4 Corruption and Fraud

6.4.1 The Service Provider shall neither:

(a) Offer or give or agree to give any person of the Employer any gift or consideration of any kind as

an inducement or reward for doing or forbearing to do or for having done or forebore to do any

act in relation to the obtaining or performance of this contract or any other contract with the

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Employer or for showing or forbearing to show favour or disfavour to any person in relation to this

contract; nor

(b) Enter into this contract if in connection with it commission or a reward of any type has been paid,

offered or agreed to be paid to any person of the Employer by the Service Provider or on his

behalf or knowledge.

6.4.2 In the event that the Employer, in good faith and on reasonable grounds, comes to the opinion, that a

breach of any of the provisions of Clause 6.4.1 has been perpetrated by the Service Provider or anyone

employed by him or acting on his behalf in relation to this contract or any other agreement with the

Employer, the Employer may:

(a) summarily suspend the operation of this Contract by notice in writing to the Service Provider,

informing him of the Employer’s opinion and the grounds and reasons upon which it is based, and

calling upon the Service Provider to show cause, in writing, within fourteen (14) days of receipt of

the written notice why the Employer should not terminate this Contract on the grounds of the

alleged breach(es) of Clause 6.4.1 of this Contract;

(b) withhold all payments due;

(c) terminate this Contract by notice in writing to the Service Provider, if the Service Provider fails to

respond to the Employer’s written response, to satisfy the Employer that his opinion is unfounded.

Provided always that such termination shall not prejudice or affect any right of action or remedy,

which shall have accrued or shall accrue thereafter to the Employer and provided also that the

Employer may recover from the Service Provider such sum as the Employer deems equivalent to

the amount or value of any such gift, consideration or commission.

6.4.3 In the event that the Employer, in good faith and on reasonable grounds, comes to the opinion that

any contract with a Government or public sector body has been or was obtained by the Service

Provider through actions that mutatis mutandis are similar in nature to those barred in terms of Clause

6.4.2 by the Service Provider or by anyone employed by the Service Provider or acting on the Service

Provider’s behalf in relation to such Contract, the Employer may:

(a) summarily suspend the operation of this Contract by notice in writing to the Service Provider,

informing him of the Employer’s opinion and the grounds and reasons upon which it is based,

and calling upon the Service Provider to show cause, in writing within fourteen (14) days of

receipt of the written notice why the Employer should not terminate this Contract on the

grounds of the alleged breach(es) of Clause 6.4.1 of this contract;

(b) withholds all payments due

(c) terminate this Contract by notice in writing to the Service Provider, if the Service Provider fails

to respond to the Employer’s written notice within the prescribed time, or fails, in his written

response, to satisfy the Employer that this opinion is unfounded. Provided always that such

termination shall not prejudice or affect any right of action or remedy, which shall have accrued

or shall accrue thereafter to the Employer.

7. Service provider’s personnel

7.1 Provision of Personnel

7.1.1 The Service Provider shall provide appropriate Personnel for such time periods as required in terms

of the Contract and shall enter all data pertaining to Personnel including titles, job descriptions, quali-

fications and estimated periods of engagement on the performance of the Services in the Personnel

Schedule.

7.1.2 The Services shall be performed by the Personnel listed in the Personnel Schedule for the periods of

time indicated therein. The Service Provider may, subject to the approval of the Employer, make such

adjustments to the data provided in terms of Clause 7.1.1 above as may be appropriate to ensure the

efficient performance of the Services, provided that the adjustments will not cause payments to exceed

any limit placed on the Contract Price.

7.1.3 The Service Provider shall:

(a) forward to the Employer for approval, within 15 days of the award of the Contract, the Personnel

Schedule and a timetable for the placement of Personnel.

(b) inform the Employer of the date of commencement and departure of each member of Personnel

during the course of the Project.

(c) submit to the Employer for his approval a timely request for any proposed change to Personnel,

or timetables.

7.2 Staff and equipment

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7.2.1 The Service Provider shall employ and provide all qualified and experienced Personnel required to

perform the Services.

7.2.2 Where required in terms of the Contract, the Service Provider shall provide Key Persons as listed in

the Contract Data to perform specific duties. If at any time, a particular Key Person cannot be made

available, the Service Provider may engage a replacement who is equally or better qualified to perform

the stated duty, subject to the Employer’s approval, which approval shall not be unreasonably withheld.

7.2.3 Where the Service Provider proposes to utilise a person not named in the Personnel Schedule, he

shall submit the name, relevant qualifications and experience of the proposed replacement person to

the Employer for approval.

7.2.4 Where the fees for the Services are time-based, the fee payable for a person provided as a replace-

ment shall not exceed that which would have been payable to the person replaced.

7.2.5 Except in the case of replacement resulting from death or where the Employer requests a replacement

not provided for by the Contract, the Service Provider shall bear all additional costs arising out of or

incidental to such replacement.

7.2.6 The Service Provider shall take all measures necessary and shall provide all materials and equipment

necessary to enable Personnel to perform their duties in an efficient manner.

7.3 Working hours, overtime and leave

Where the fee for the Services are time-based, working hours, leave entitlement and holidays for

Personnel provided in terms of Clause 7 are to be as stated in the Contract Data, or, if not stated, to

be determined by the Service Provider. The Employer will not be responsible for overtime payments

to Personnel unless so specifically provided for in the Pricing Schedule.

8. Commencement, completion, modification suspension and termination of the

Contract

8.1 Commencement

The effective date of the contract shall be the date of the Form of Acceptance.

The Contract shall come into effect on the date that it is signed by both Parties or such later date as

may be stated in the Contract Data. The Service Provider shall commence the performance of the

Services within thirty (30) days after the date that the Contract becomes effective, or such date as may

be specified in the Contract Data. The supervision phase shall commence on the date confirmed by

the Employer at the Works Contract hand-over meeting.

8.2 Completion

8.2.1 Unless terminated in terms of the Contract, or otherwise specified in the Contract Data, the Contract

shall be concluded when the Service Provider has completed all Deliverables in accordance with the

Scope of Work.

8.2.2 The Service Provider, may request an extension to the Period of Performance if he is or will be delayed

in completing the Contract by any of the following causes:

a) variations to Services ordered by the Employer.

b) failure of the Employer to fulfil his obligations under the Contract.

c) any delay in the performance of the Services which is not due to the Service Provider’s default.

d) Force Majeure

8.2.3 The Service Provider shall within 14 days of becoming aware that a delay may occur, notify the

Employer of his intention to make a request for the extension of the Period of Performance to which

he considers himself entitled and shall within 30 days thereafter deliver to the Employer full and

detailed particulars of the request, in order that it may be investigated at the time.

8.2.4 The Employer shall, within 30 days of receipt of a detailed request, grant such extension to the Period

of Performance as may be justified, either prospectively or retrospectively, or inform the Service

Provider that he is not entitled to an extension. Should the Service Provider find the decision of the

Employer to be unacceptable he shall, nevertheless, abide by such decision in the performance of the

services and the matter shall be dealt with as a dispute in terms of Clause 12.

Closing date and time: 30 September 2026 at 12:00 (tender record). Mandatory briefing session: 8 September 2026 at 11:00 at SANRAL Limpopo Provincial Office, 12 Dimitri Crescent, Platinum Park, Bendor, Polokwane 0699 (attendance marked non-compulsory in extracted text; verify if later addenda change this). Contract commencement: effective date is date of Form of Acceptance; performance starts at project hand-over meeting, not later than 28–30 calendar days after Form of Acceptance. SAP Ariba registration required before hand-over meeting (https://www.nra.co.za/sap-ariba/).

Employer: South African National Roads Agency SOC Limited (SANRAL), Limpopo Provincial Office. Physical address: 12 Dimitri Crescent, Platinum Park, Bendor, Polokwane 0699, South Africa. Postal address: PO Box 415, Pretoria 0001. Procurement enquiries: [email protected] (Northern Region). SAP Ariba registration queries: [email protected]. No named individual contacts or phone numbers provided in extracted text.

Submission method: Physical delivery to SANRAL Limpopo Provincial Office, 12 Dimitri Crescent, Platinum Park, Bendor, Polokwane 0699. Closing date and time: 30 September 2026 at 12:00 (per tender record). Mandatory briefing session: 8 September 2026 at 11:00 at the same address (attendance not compulsory per extracted text). Returnable documents required with the tender:

• Form of Offer (incorporating SBD 7) completed and signed
• Form A2: Certificate of Authority for Signature (board resolution)
• Form A4: Schedule of Deviations or Qualifications
• Form A12: B-BBEE Verification Certificate and preference points claim
• Proof of CSD registration (full CSD report)
• Valid SARS tax compliance PIN for the bidder and each sub-contractor
• B-BBEE certificate (EME or QSE per Construction Sector Codes Gazette 41287)
• Joint Venture agreement (if applicable)
• Proof of professional registration for Key Persons (ECSA for Contract Engineer, SACPCMP for OHS Specialist)
• Completed Form of Banking Details (C1.1.4) and Tax Compliance Permission Declaration (C1.1.5)
• Indemnity letter on company letterhead confirming bank details per CSD report

Disqualification risks: Late submission; unsigned or incomplete returnable forms; failure to attend compulsory briefing if later declared compulsory; non-responsive alternative offers submitted without permission or without a separate Form of Offer.

Two-stage evaluation:

1. Mandatory compliance (pass/fail): CSD registration; valid tax compliance PIN; B-BBEE certificate (EME/QSE per Construction Sector Codes Gazette 41287); professional registration of Key Persons (Contract Engineer with ECSA; OHS Specialist with SACPCMP as Professional Construction HSE Agent/Manager); completed and signed returnable forms; no fraud/corruption declaration.
2. Preference points: 80/20 or 90/10 PPPFA system (exact split not stated in extracted text). B-BBEE contributor status level claimed on Form A12; verification certificate takes precedence over claimed level.

Functionality/technical scoring criteria not detailed in extracted text. Minimum qualifying thresholds for functionality not stated. Targeted Enterprise requirement: sub-contract a tendered percentage of work to a Consulting Engineering Firm that is an EME/QSE (BEP), at least 51% black-owned, B-BBEE level 1 or 2, no shared equity with main bidder, registered on CSD.

Scope: Consulting engineering services for routine road maintenance of national routes in Limpopo Province:

• R36 from Maruleng Municipal Boundary to Greater Letaba Municipal Boundary (Contract X.002-180-2024/1RF)
• R71 from Polokwane Municipal Boundary to Ba-Phalaborwa Municipal Boundary
• R529 from Letsitele to Greater Giyani Municipal Boundary
• Additional batch: R36 from Molemole Border to N1; R523 from Blouberg Municipal Border (R521) to N1 (Masekwapoort); R578 from Louis Trichardt to Greater Giyani Border (Contract X.002-183-2024/1RF)

Services include: construction monitoring/supervision of works contracts; emergency response planning and 24-hour incident coordination; traffic accommodation; inspection and reporting; management of transferred roads; programme preparation and updating; quality assurance of deliverables; compliance with Occupational Health and Safety Act and Construction Regulations 2014.

Key Personnel (approved at award): Contract Engineer (professionally registered with ECSA); OHS Specialist (registered with SACPCMP as Professional Construction HSE Agent for Design Phase and Construction HSE Manager or Professional Construction HSE Agent for Construction Phase); assistant to Contract Engineer (minimum professional registration and experience per Scope of Works).

Targeted Enterprise sub-contracting: tendered percentage of work to be performed by a Consulting Engineering Firm meeting EME/QSE (BEP) criteria, 51% black-owned, B-BBEE level 1 or 2, CSD registered, no shared equity.

Language: English for all communications, reports, and deliverables.

Confidentiality: two-year restriction on public/media statements post-completion without written approval.

Insurance: proof of insurance per Contract Data and GCC clause 5.4 required within 14 calendar days of Form of Acceptance; monthly validity proof until contract completion.

Penalties: daily penalty for late completion (rate and maximum in Contract Data); penalties for non-disclosure of sub-contracting, failure to capture structures inventory updates, and sub-standard draft documentation/design (hourly tariffs under Additional Duties).

Pricing: Total offered price (inclusive of VAT) brought forward from Part C2.3 Pricing Schedule Summary. Price offered in words and figures on Form of Offer. Pricing Schedule Summary determines the contract price if discrepancy exists. Payment: Electronic Funds Transfer (EFT) only. Vendor registration required if not already a SANRAL vendor (SANRAL Vendor Application Form, CSD report, indemnity letter, B-BBEE certificate). Banking details on Form C1.1.4. Tax compliance PIN for bidder and all sub-contractors on Form C1.1.5. Performance security (guarantee) not recommended per Contract Data clause 5.9 but Form of Guarantee (C1.3.1) included in tender pack. Penalties for late performance, non-disclosure, inventory failures, and poor-quality deliverables at rates stated in Contract Data. No advance payment terms, retention percentages, or escalation formulas detailed in extracted text.

Mandatory compliance documents:

• CSD registration (full CSD report; JV partners' CSD reports if joint venture)
• Valid SARS tax compliance PIN (bidder and each sub-contractor; ongoing disclosure consent via Form C1.1.5)
• B-BBEE verification certificate (EME or QSE per Construction Sector Codes Gazette 41287, 1 December 2017); level 1 or 2 required for Targeted Enterprise sub-contractors
• Professional registration: Contract Engineer with ECSA; OHS Specialist with SACPCMP (Professional Construction HSE Agent/Manager)
• Joint Venture agreement (if applicable)
• Completed and signed returnable forms: Form of Offer (SBD 7), Form A2 (Authority to Sign), Form A4 (Deviations), Form A12 (B-BBEE claim), Form C1.1.4 (Banking Details), Form C1.1.5 (Tax Compliance Permission Declaration)
• Indemnity letter on company letterhead confirming bank details per CSD report
• Proof of insurance per Contract Data and GCC 5.4 (within 14 days of Form of Acceptance)
• Proof of registration on SANRAL Project Information Module (ITIS)
• SAP Ariba account registration before hand-over meeting

No CIDB grading required (consulting services). No local content percentages specified. Declaration of no fraud, corruption, or misrepresentation on Form of Offer.

Additional evaluation detail: Successful tenderer appointed as member/technical advisor of Project Document Review Committee and Bid Evaluation Committee (on another SANRAL project). SARS compliance check performed at award; non-compliant bidders have 7 working days to provide proof of compliance or face repudiation. Penalties for sub-standard draft documentation/design: Employer may levy penalty for additional correction time at hourly tariffs under Additional Duties. No further functionality scoring criteria, weightings, or minimum thresholds provided in extracted text.