Consulting engineering services for mkondeni, pietermaritzburg (30% sub-contracting to black owned targeted enterprises)

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{"name":null,"email":null,"phone":"004-032-2019","department":null,"address":"y for signature .........................................................................................................."}

Tenderers must be registered on the National Treasury Central Supplier Database (CSD) at the tender closing date. The proposed Key Persons must not be fully committed to the maximum number of projects in which they can participate. Tenderers must submit a schedule of addenda to tender documents. The quality criteria and maximum points are specified in the tender data. For each project experience listed, a point is allocated for the time lapse between the experience gained and the tender closing date. A total of 45 points can be scored for each Key Person listed. The tenderer must score a minimum overall threshold of 70 points out of 100 to be eligible for further evaluation. The 80/20 preference point system applies for goods and services with a Rand value equal to or above R2,000 and up to R50 million. The 90/10 preference point system applies for goods and services with a Rand value above R50 million. If two or more tenders score the same number of points and are also the highest ranked, the tender with the highest preference points will be recommended. If still tied, the tenderer to be recommended will be decided by the drawing of lots.

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

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

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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 specified 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 Company’s 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

Technical Proposal

The Key Persons proposed by the Service Provider to undertake the respective

functions/duties as defined under the Contract.

Works or Training and Development 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 mean persons between the ages of 18 (eighteen) and 35

(thirty-five).

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.

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

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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 made between the Parties pursuant to

the Contract shall be in writing and shall be deemed to have been made when delivered in

person to an authorized representative of the Party to whom the communication is addressed,

or when delivered to such Party at the address stated in the Contract Data, or one week after

having been sent by registered post.

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

cation 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

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 un-

reasonably 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,

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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; or

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 meet the specified target of work stated in the Contract Data to the Targeted

Enterprise the Employer shall 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 disclose subcontracting arrangements the Employer may be entitled to levy a penalty

as stated in the Contract Data.

3.11.5 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 and condition updates within

the specified period of time, the Employer shall be entitled to levy a penalty as stated in the

Contract Data.

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 pur-

chased 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.

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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 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

because 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 defense 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 defense 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

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;

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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 because 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 regarding 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. 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 specifically instructed differently, the Service Provider is delegated as the Employer's

"Mandatary" in terms of the Occupational Health and Safety Act (Act no. ), and as

the Employer's Agent as defined in Construction Regulations 5(5), (6) and (7) of the said Act.

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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.

5.1.7 The Service Provider shall enter into a contract over the full contract duration (either through

partnership, joint venture or sub-contracting) with a Targeted Enterprise(s) to perform a

percentage of work as stated in the Contract Data.

5.1.8 The Service Provider undertakes to pay the Targeted Enterprise(s) the full value due in each

interim fee claim. The Service Provider further undertakes to make payment within 30 (thirty)

days of presentation by the Service Provider of the interim fee claim to the Employer for

payment, or by the 30th of the month following that in which the Targeted Enterprise(s)

completed the work, whichever date is earlier.

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.

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Provisional and prime cost sums) C-54

EDMS#32918896 –C.004-032-2019/1F Consulting Engineering Services

The list of returnable documents is shown in the following table, with the status of those documents incorporated into the contract indicated.

The list of returnable documents is shown in the following table, with the status of those documents incorporated into the contract indicated.

Nb: failure to provide / or comply with any of the above particulars may render the bid invalid.

The South African National Roads Agency SOC Limited

The south african national roads agency soc limited

The south african national roads agency soc limited

Survey requested by (Company) ________________________________________

A Road Safety Audit is a proactive road safety tool with proven international success. As a

responsible Road Authority, SANRAL does not have to wait for the accumulation of serious injury

and fatal crashes before positive steps can be taken to reduce such risk. Furthermore, SANRAL has

a leading role to play in developing capacity and inculcating a road safety culture among all those

who have a stake in developing our road environment. Road Safety Audits play a significant role in

ensuring that we provide a road environment that is forgiving, self-explaining and provides for the

needs of all road users.

(a) Current Road Safety Audit Capacity Challenges

Road Safety Audits may be conducted at all stages of the life cycle of a project. However, given

current Road Safety Auditor capacity constraints in the industry, SANRAL must endeavour to

introduce Road Safety Audits at specific stages of specific projects which will provide the highest

road safety return, for such investment. SANRAL together with its partners must endeavour to

develop Road Safety Auditor capacity, through the initiation and promotion of recognised and

accredited Road Safety Audit courses, and the creation of opportunities to gain appropriate road

safety audit experience.

(b) Objective of this Road Safety Audit Policy

This SANRAL Road Safety Audit Policy therefore identifies the type and stages of SANRAL projects

on for which Road Safety Audits should be conducted, the size of the Road Safety Audit Team, the

minimum requirements of the Road safety Audit Team Leader and Members, the roles and

responsibilities of the Road Safety Audit Team, as well as that of the Engineering Services Provider

(Main Consultant appointed by SANRAL), who shall appoint the independent Road Safety Audit

Team.

SANRAL was party of the Road Traffic Management Corporation (RTMC) technical team that

developed the South African Road Safety Audit Manual, (Version May 2012). SANRAL has

therefore adopted this manual as the official guidance in conducting Road Safety Audits on SANRAL

projects. A copy of the latest version of this manual is available on the SANRAL and the RTMC’s

website. It is important that SANRAL Project Managers read and understand how Road Safety

Audits are conducted, from inception to final implementation of recommendations, in terms of this

Manual.

SANRAL Road Safety Audit Guideline February 2019

2. Which SANRAL Projects will undergo Road Safety Audits?

All New Facilities and Upgrading (Strengthening and Improvement) Road Projects shall undergo

Road Safety Audits at specified stages. For the purposes of this policy, New Road Projects, refer to

Greenfields and New Facilities. Upgrading Projects include Strengthening and Improvement

Projects. Strengthening Projects include, Rehabilitation, Reconstruction (including partialreconstruction) and Bridges. Improvement Projects include improvements to Level of Service,

Capacity, Alignment and bridges.

The following Stages of Road Safety Audits will be applied to the following project types:

Road Safety Audits New Projects Upgrading Projects

Strengthening Improvement

(Rehabilitation, (Level of Service,

Reconstruction, Capacity, Alignment,

Bridges) Bridges)

Stage 1: Feasibility / X

Preliminary Design

(Conceptual)

Stage 2: Preliminary X X X

Design /Draft Design

Stage 3: Detail Design X X X

(Including design of

Traffic Management)

Stage 4: Construction X(Optional) X (Optional) X (Optional)

(Traffic

Management)

Stage 5: Pre-opening X(Optional) X (Optional) X (Optional)

Total Number of Minimum of 3 Minimum of 2 Minimum of 2

Audits

It is acknowledged that certain other project types may well warrant a Road Safety Audit for any

one or more of its Stages. For example, certain Periodic Maintenance projects may well entail

certain design improvements such as upgrade of signage or intersection layout improvements,

which may warrant a Road Safety Audit specifically in Stages 2 and/or 3. It is therefore important

that the relevant Project Manager consult with the relevant Regional Road Safety Engineering

Focus Group members to confirm whether a Road Safety Audit is to be performed on such project

or not. This consultation must happen at an early enough stage for the road safety audit to be

included in Engineering Services procurement documentation.

SANRAL Road Safety Audit Guideline February 2019

3. Size and composition of Road Safety Audit Team

The size of the Road Safety Audit Team will be dictated by the size, complexity and stage/s of the

project to be Audited. Generally, the Road Safety Audit Team will comprise a Road Safety Audit

Team Leader and at least two additional Audit Team Members. The Audit Team Leader is the lead

Auditor that is responsible for compiling the Road Safety Audit Report and representing the Audit

Team in engaging with Engineering Services Provider and SANRAL. The Audit Team Members assists

and contributes to the Road Safety Audit.

In order to promote Road Safety Capacity Development, SANRAL may at its sole discretion allow an

additional Road Safety Audit Team Member who is under the direct employ of Engineering Service

Provider (Main Consultant), provided that such Road Safety Audit Member signs a declaration and

undertaking that he/she is and will not be directly involved in stage of design of the same project

to be Audited.

4. Minimum requirements of the Road Safety Audit Team Leader / Members

The Road Safety Audit Team Leader must:

• Be a Registered Professional Engineer or Professional Engineering Technologist with the

Engineering Council of South Africa (ECSA), or other international body recognized by

SANRAL; and

• Must have at least 10 years of experience post-graduation in Road Safety and/or Traffic and

Transportation Engineering and/or Geometric Design,

• Has successfully completed a recognized Road Safety Audit course to the equivalent of at

least 5 CPD points,

• Has successfully completed a recognized Road Safety courses to the equivalent total of 2

CPD points within the last five (5) years, and

• Has undertaken at least 2 formal Road Safety Audits within a period of three (3) years as the

Audit Team Leader or Audit Team member.

• The Road Safety Team Leader must be permanently employed by the Road Safety Audit

Firm.

The Road Safety Audit Team Member must have:

• A diploma in technology or a Degree in Engineering or equivalent recognised qualification;
• At least 3 years of experience in Traffic and Transportation Engineering and/or Geometric

Design and/or Road Safety Audits/Construction.

• Successfully completed a recognised Road Safety Audit Course to the equivalent of at least

5 CPD points.

The employer may make provision for additional Road Safety Team Members by allowing for

financial provision in the Road Audit Quotation Document. The employer may target RSA Team

Members that meet the above criteria, that are specifically employed by Emerging Micro

SANRAL Road Safety Audit Guideline February 2019

Enterprises (EMEs). This provision is in the interest of allowing further opportunity for EME RSA

Team members to progress to RSA Team Leader.

Road Safety Audit Team Observer:

• Depending on the nature of the project, it may be advisable to have other stakeholders with

local or specialised road safety experience on the team. Examples of these include Traffic

Law Enforcement officials and School Representatives.

5. Role of the Engineering Service Provider (Main Consultant)

(a) The Engineering Service Provider must develop a Scope of Works for the Road Safety

Audit Team. Such Scope of Works shall comprise but is not limited to the following:

• Conduct a Project Information Review
• Conduct Site Inspection/s
• Produce Road Safety Audit Report/s
• Issue the Road Safety Audit Report/s and discuss initial findings with Employer and
• Initiate and Conduct a Completion Meeting

(b) Recommend with motivation the Road Safety Audit Team composition.

(c) Request quotations (or let a tender in terms of the Supply Chain Management) and

recommend an independent Road Safety Audit Team to SANRAL.

(d) Furthermore, the Engineering Services Provider shall:

i. Compile and Issue an Audit Brief to Audit Team.

ii. Initiate and conduct a Commencement Meeting with the Road Safety Audit

Team.

iii. Attend a Completion Meeting if requested by the Employer.

iv. Review Road Safety Audit Findings and Recommendations.

v. Compile and Issue Response Report including Risk Assessment of Safety

Concerns.

(e) Implement Design Changes agreed to with Employer.

(f) Provide written feedback on lessons learned and knowledge gained.

SANRAL Road Safety Audit Guideline February 2019

6. Road Safety Audit Close-out Procedure

It is important that SANRAL specify a proper close-out procedure to the Road Safety Audit process.

The non-response by the Engineering Service Provider or SANRAL to the Road Safety Audit Findings,

can have serious consequences.

Furthermore, it is important that the Regional Road Safety Engineering Focus Group representatives

and the Regional Road Safety Audit Coordinator be informed regularly of:

• Road safety audits that had been done;
• Responses to the road safety audits in the respective region.

The following are the steps to be followed for Responding to a Road Safety Audit Report to ensure

a proper close-out of the Road Safety Audit process.

Step 1: Issue of Road Safety Audit Report

The Road Safety Audit Team Leader shall send a draft report to the Engineering Service Provider.

The Audit Team Leader shall discuss the draft report with the Engineering Service Provider prior to

formal submission. The purpose of this discussion is solely to ensure that the findings and

recommendations are within the scope of the Audit, as defined in the audit brief. Once the Road

Safety Audit Report is issued, it is a FINAL report – the report cannot be amended.

Step 2: Completion Meeting

After receipt of the Final Road Safety Audit Report, the Engineering Service Provider must arrange

for a Completion Meeting, attended by the SANRAL Project Manager, Road Safety Audit Team and

the Engineering Service Provider (Design Team Leader)

The Completion Meeting provides the opportunity to better understand the approach by the Audit

Team in assessing the safety performance of the project.

Step 3: Response Report

After the Completion Meeting, the Engineering Service Provider will produce a Road Safety Audit

Response Report for the SANRAL Project Manager, with recommendations on how each Road

Safety Audit Finding will be responded to. It is important to note that Road Safety Audit Finding

Recommendations are not mandatory, however due to the potential for litigation subsequent to a

crash at an audited site, it is necessary that the audit findings and recommendations be given due

consideration, and the reasons for not accepting the recommendations forthwith, or for adopting

another solution or delaying the implementation of the recommendations be well documented in

the Road Safety Audit Response Report.

Each finding in the Road Safety Audit Report can be dealt with by either:

• Accepting the problem and the proposed recommendation and initiating the remedial

action;

• Accepting the problem in principle, but due to other constraints, implement changes that

only go part of the way to resolve the safety problem, or implement a different solution than

that recommended in the Audit Report;

• Not accepting the finding or recommendation at all.

SANRAL Road Safety Audit Guideline February 2019

In addition, it is important that the Engineering Service Provider on deciding and recommending to

the SANRAL Project Manager the responses to the Road Safety Audit findings, conduct a thorough

Risk Assessment in line with the procedure contained in Section 3.10.2, of the SARSAM May 2012.

Step 4: SANRAL Project Manager Sign Off.

The relevant SANRAL Project Manager must in writing formally, Agree, Disagree or Amend the

Engineering Service Provider’s Responses to the Road Safety Audit Findings, as contained in the

Road Safety Audit Response Report.

The SANRAL Project Manager must instruct the Engineering Service Provider to implement such

Agreed, Disagreed or Amended Recommendations.

SANRAL Road Safety Audit Guideline February 2019

provisions of section 40 of the Deeds Registries Act;

“the Constitution” shall mean the Constitution of the Republic of South Africa,

Act

“Corridor Plan” shall mean the plan indicating the extent and position of the

current and future road infrastructure network

Bid Bond: FORM OF GUARANTEE C-42

C1.3.2 Agreement in terms of the occupational health and

Safety act 1993 (act NO ) and construction

Regulations 2014 C-44

EDMS#32919970 – C.004-032-2019/1F Consulting Engineering Services – Version 2025.1 C-2

South african national roads agency soc limited

Contract SANRAL C.004-032-2019

No specific requirements found

Tax compliance permission declaration C-16

Tax Compliance Permission Declaration which is attached hereto (Form

Tax compliance permission declaration

Tax Compliance Status (TCS) system to verify and continuously track the tax

tax compliance status on an ongoing basis for the contract term

tax compliance status to the Employer

CSD Registration Number CSD Unique Code

CSD Reports

CSD Report (use the pro

CSD Report

Central Supplier Database (CSD) Report

Central Supplier Database (CSD)

Joint Venture Agreement

1. Full Central Supplier Database (CSD) Report.
2. If a Joint Venture is registered, provide all JV partners’ CSD Reports.
3. An indemnity letter on your letterhead stating your bank details as per CSD Report (use the pro

Relevant Other Position Qualification or Experience Requirements Registration (years)3 Project Leader Pr Eng or Pr Tech Eng1 5 Assistant Project Leader Pr Eng or Pr Tech Eng1 N/A Design Specialist Pr Eng or Pr Tech Eng1 5 Assistant Design Specialist Pr Eng or Pr Tech Eng1 N/A

Registered Professional Surveyors Member of Surveyor 3

Technologist Surveyors SAGC7

Technician Surveyors Engineering Geologist Pr Sci.Nat5 3 SAIEG4 Refer to sub-service Environmental Practitioner procurement document.

Design Phase: SACPCMP6 registration as a Professional Construction HSE Agent Occupational Health and As required by

Construction Phase: Safety Specialist SACPCMP6 SACPCMP6 registration as a Professional Construction HSE Agent or Manager

Road safety course (5 CPD). Road Safety Audit Team Pr Eng or Pr Tech Eng1 5

• Minimum 2 Leader (two) audits within 3 (three) years. Contract Engineer Pr Eng or Pr Tech Eng1 5 Assistant Contract Engineer Pr Eng or Pr Tech Eng1 N/A Pr Eng or Pr Tech Eng1 3 Engineer’s Representative (RE) Pr Techni Eng1 5 Candidate Engineer or Technologist or 3 Assistant Engineer’s Representative (ARE) Candidate Technician1 5 None specified 10 National Diploma in Civil Senior Materials Technician 5 Engineering Pr Techni Eng1 3 Materials Technician None specified 5 EDMS#32918896 –C.004-032-2019/1F Consulting Engineering Services – June 2025.1 C-67 SOUTH AFRICAN NATIONAL ROADS AGENCY SOC LIMITED CONTRACT SANRAL C.004-032-2019/1F CONSULTING ENGINEERING SERVICES TO PROVIDE FORMALISED ACCESS ROADS WITHIN THE TOWN OF VENTERSBURG AS A COMMUNITY DEVELOPMENT PROJECT Relevant Other Position Qualification or Experience Requirements Registration (years)3 National Diploma in Civil Engineering Pr Techni Eng1 1 Trainee Technician Candidate Technician 0 1 Registered with Engineering Council of South Africa (ECSA) or any other international body recognised by ECSA, i.e. Washington Accord, Dublin Accord and Sydney Accord. 2 Registered with Environmental Assessment Practitioners of South Africa. 3 Relevant experience is the actual number of years, measured from the date of acquiring the base qualification (either B.Eng / BSc.Eng for Pr.Eng or National Higher Diploma / Masters Diploma / BTech for Pr.Tech Eng and National Diploma for Pr.Techni Eng), worked in the field of the specified position. For the road safety audit team leader, the field shall be road safety design and/or traffic and transportation engineering and/or geometric design. 4 Full membership of the South African Institute for Engineering Geologist. 5 Registered with the South African Council for Natural Scientific Professions (SACNASP). 6 South African Council for Project and Construction Management Professions (SACPCMP) 7 South African Geomatics Council (SAGC)

Personnel Category Definitions The category of personnel necessary to undertake the work shall be approved by the Employer in accordance with the following definitions

Category A Shall mean a top practitioner whose expertise is nationally or internationally recognised and who provides advice at a level of specialisation where such advice is recognised as that of an expert. ii) Category B Shall mean a partner, a sole proprietor, a director, or a member who, jointly or severally with his other partners, co-directors, or co-members, bears the risks of business, takes full responsibility for the liabilities of such practice, performs work of a conceptual nature in engineering design and development, provides strategy guidance in planning and executing a project and/or carries responsibility for quality management pertaining to a project, e.g. the Engineer for the project. iii) Category C Shall mean all salaried senior professional and technical staff performing work of an engineering nature and who carry the direct technical responsibility for one or more specific activities related to the project. A person referred to in Categories A or B may also fall in this category if such person performs work of an engineering nature at this level, e.g. the Resident Engineer for the project. iv) Category D Shall mean all other salaried technical staff performing work of an engineering nature under the direction and control of any person contemplated in categories A, B or C.

Limitation on Commitments of Key Persons and Other Required Resources (Design Specialists) Key Persons and additional required resources (Design Specialists) other than Key Persons will be limited to participate in a maximum number of 6 (six) contracts in either design or construction phase. EDMS#32918896 –C.004-032-2019/1F Consulting Engineering Services – June 2025.1 C-68 SOUTH AFRICAN NATIONAL ROADS AGENCY SOC LIMITED CONTRACT SANRAL C.004-032-2019/1F CONSULTING ENGINEERING SERVICES TO PROVIDE FORMALISED ACCESS ROADS WITHIN THE TOWN OF VENTERSBURG AS A COMMUNITY DEVELOPMENT PROJECT C3.1.12 Meetings and Liaisons

Meetings and Liaisons between the Employer and the Service Provider Meetings between the Employer and the Service Provider are formal occasions. The Employer shall perform the duties of chairperson and the Service Provider the secretarial services, except for the project handover meeting where the Employer shall also perform the duties of secretarial services. The Service Provider shall submit draft minutes to the Employer for review before distribution, which shall not be later than 7 (seven) calendar days after the meeting. Meetings and liaisons shall be scheduled according to the Service Provider’s approved project programme to discuss and record the progress of the Services. Draft copies of all reports, design and tender documents submitted for review shall be discussed at specially convened meetings prior to their finalisation. Attendance at the meetings and liaisons shall include joint venture members and/or Targeted Enterprise(s) (if any), sub-service providers and the designated Key Persons. A Key Person shall not be substituted by another Service Provider employee unless express permission for this has been sought from, and approved by, the Employer in writing. The Employer shall have the right to delay a meeting because of the non- availability of a Key Person and any delay costs so incurred shall be for the account of the Service Provider.

Project Handover Meeting The date of the meeting will have been fixed and notice for it and an agenda included with the letter of acceptance of the Service Provider’s offer. The Service Provider shall come to this meeting prepared by his desktop assessment of the project details. The meeting provides a platform for the Service Provider to explain in detail how he intends to go about the design development with specific reference to the methods, manuals and systems he will apply. For example, the relevant chapters dealing with pavement composition and behaviour, materials testing, standards, materials utilisation, design, etc. contained in the South African Pavement Engineering Manual (SAPEM) and the supporting suite of TMH and TRH publications have particular significance. With the release of SARDS the process to be followed will be dictated by the SARDS software process flow. The Service Provider shall identify those he thinks are relevant and anticipates what he will use in developing the project design. In addition, the Service Provider shall explain and demonstrate his awareness of the encompassing social, natural, economic, safety and statutory environment within which the project is situated and how each impact on it. Further, the Service Provider shall demonstrate his understanding of the Topographical survey and Land Acquisition process and the critical aspects that would give rise to material delays in the project proceeding to the Design and Construction Phase. The Employer has a standing agreement with a Comprehensive Property Management Service Provider and hereinafter referred to as the “PSP” and may elect to have the PSP present at this meeting. This meeting also provides the opportunity for administration details to be finalised. Included among these, but without providing limits to what may be required shall be

Signing and initialing the contract document.

Confirmation of prescribed insurance cover, including that of joint venture members (if any).

Confirmation of vendor registration.

Delivery of a flash drive containing all relevant forms and procedures needed for effective project administration. EDMS#32918896 –C.004-032-2019/1F Consulting Engineering Services – June 2025.1 C-69 SOUTH AFRICAN NATIONAL ROADS AGENCY SOC LIMITED CONTRACT SANRAL C.004-032-2019/1F CONSULTING ENGINEERING SERVICES TO PROVIDE FORMALISED ACCESS ROADS WITHIN THE TOWN OF VENTERSBURG AS A COMMUNITY DEVELOPMENT PROJECT ii) Progress Meetings The date for the first progress meeting shall be fixed at the project handover meeting, mindful that it cannot take place until the Service Provider has conducted his in loco inspection of the project site. The first progress meeting shall not be scheduled longer than 4 (four) calendar weeks after the hand-over meeting. Proposals for investigation and intrusive testing will be discussed at this first meeting. The Service Provider’s programme, as envisaged at the project hand-over meeting shall be fine-tuned and approved at the first progress meeting. The approved programme shall identify the number and frequency of progress meetings. They may be reduced or increased as necessary to achieve the milestone date of delivery of the approved detailed design. Topographical surveys and the Land Acquisition process must form an integral part of the Service Provider’s programme and must be listed separately in their proposed programme. In addition, the Service Provider’s programme must have careful regard to the need to produce Property Reports at the earliest possible time. This aspect may necessitate the presence of the PSP at this meeting. The purpose of progress meetings is to discuss the development of the project design and the minutes produced shall form the record of progress against programme. The minutes shall record the discussions held and the decisions made. Duties of some sub-service providers are not directly related to the development and production of the project design; nevertheless, because of the severe impact their progress can place on the programme, their presence at, and participation in, design progress discussions is not negotiable. They shall attend progress meetings and any delays caused by postponements due to their non-availability shall be to the account of the Service Provider. iii) Gateway Review Meetings Capital projects, having an estimated capital expenditure of more than R100 million, but less than R250 million, shall have a Regional Gateway Review process at the end of the Concept or Preliminary Design Phases (whichever is applicable), prior to the acceptance of such applicable design. The review meeting shall be initiated by the Employer and the focus of such review meeting shall in the first instance be on the quality of the documentation and thereafter on

deliverability (the extent to which a project is deemed likely to deliver the expected benefits within the declared cost, time and performance envelope);

affordability (the extent to which the level of expenditure and financial risk involved in a project can be taken up on, given the Employer’s overall financial position, both singly and in the light of other current and projected commitments); and

value for money. Details of such a Gateway Review process is provided in the Annexure.

Other Project Related Meetings The Service Provider must ensure that proceedings of meetings (whether formal or informal) are formally documented. These meetings may be between the Service Provider, sub-service providers, the PSP and/or other Stakeholders. The Employer may attend these meetings. EDMS#32918896 –C.004-032-2019/1F Consulting Engineering Services – June 2025.1 C-70 SOUTH AFRICAN NATIONAL ROADS AGENCY SOC LIMITED CONTRACT SANRAL C.004-032-2019/1F CONSULTING ENGINEERING SERVICES TO PROVIDE FORMALISED ACCESS ROADS WITHIN THE TOWN OF VENTERSBURG AS A COMMUNITY DEVELOPMENT PROJECT

Project Liaison Committee (PLC) Meeting The PLC will meet on an ad-hoc basis during the Design Stage of the project to discuss and resolve project related issues and matters of interest or concern to project Stakeholders and affected Communities, the Employer and the Service Provider. The PLC will meet prior to the monthly site meetings or as may be required from time to time during the Construction Phase to discuss and resolve project related issues and matters of interest or concern to project Stakeholders and affected Communities, the Employer and the Service Provider. ii) Training, Development and Construction Contract Hand-over Meeting It is required that the Service Provider’s Contract Engineer and the Engineer’s Representative (Resident Engineer) attend the Training, Development and Construction contract handover meeting. C3.1.13 Risk Management The concept of risk shall be discussed at all meetings, starting with the hand-over meeting. The Service Provider shall identify restrictions and limitations on the design development that the various processes may impose, estimate the probability that they will impact on performance, advise what measures are proposed to avoid them and what mitigating measures could be taken to mitigate in the event they do occur. This creates a risk register that must be raised and discussed at each successive progress meeting. Used properly, the risk register will predict or pre-warn of change as the probability of an event increases so will the need for a Works Authorisation to approve extensions of time or allocation of more funds become more certain. A base risk register shall be discussed and recorded at the hand-over meeting. It shall be re- visited at each successive progress meeting to confirm the status of each and record any changes. The opportunity to add more or remove others will also be discussed at the progress meetings. A fundamental element of risk assessment, but by no means the only one, will be economic affordability, meaning that each design strategy must be separately and broadly estimated for comparison against the basis of the Employer’s budget for the project. In essence, this analysis relates to testing the economic and technical feasibility of the Employer’s envisaged design strategy. Similarly, other identified risks will have a cost element to them, and these must also be brought to the Employer’s attention for discussion and decision. The Employer may require the Service Provider to make us of its standard risk reporting format. C3.1.14 Document Management Three (3) hard copies of draft reports and/or documents shall be submitted 10 (ten) calendar days prior to the meeting dates for discussion purposes. All changes emanating from these meetings shall be incorporated into a final version. The record of the changes shall be by means of track changes to the draft version and submitted on a flash drive. When a volume consists of more than 1 book, the number of the volume appears on the cover and on the title page, together with the number of the book, e.g. Volume 3: Book 1 of ..., or Volume 3: Book 2 of ..., etc. All reports and/or documents shall utilise the Employer’s pro-forma formatting without alteration unless a specific request for a change has been submitted to and approved by the Employer. Pro-forma report formats are contained in Part C4: Site Information. The table below lists the requirements of documentation that the Service Providers shall apply. EDMS#32918896 –C.004-032-2019/1F Consulting Engineering Services – June 2025.1 C-71 SOUTH AFRICAN NATIONAL ROADS AGENCY SOC LIMITED CONTRACT SANRAL C.004-032-2019/1F CONSULTING ENGINEERING SERVICES TO PROVIDE FORMALISED ACCESS ROADS WITHIN THE TOWN OF VENTERSBURG AS A COMMUNITY DEVELOPMENT PROJECT Table 3.1.14: Documentation Requirements Document Draft Reports and Final Reports and Books of Drawings Characteristics Documents Documents Page A4 80g/m2 A4 80g/m2 A2 80g/m2 Cover Page Layout Employer’s pro-forma works document cover page with appropriate wording for the specific report or document. Cover White 80g/m2

• Reports:
• Draft: White 80g/m2 Tokai Blue 160g/m2
• Final: Red 160g/m2

Documents: Red 160g/m2 Printing Back-to-back pages.

• Reports: All on separate pages.

All left-hand margins Back-to-back. to be 2.5cm.

• Contract Document

Printing to be left Back-to-back except: justified. o New sections. o Returnable schedules. o Pricing schedule. Binding Plastic ring binders.

• Reports:
• Draft

Maximum thickness Plastic ring binders. Stapled and bound. to be 3cm.

• Contract Documents:
• Final: Stapled, glued and Stapled, glued and bound. bound. Number of Paper 3 (three)
• Reports:
• Draft: Copies 1 (one). 3 (three).

Tender Documents:

• Final: 1 (one). o 2 (two) original for

Contract Documents: signature, and o 2 (two) original for o 1 (one) copy. signature, and o 1 (one) copy. Number of Electronic 1 (one) flash drive.

• 1 (one) flas drive. 1 (one) flash drive. Copies
• 1 (one) flash drive of signed contract. Electronic Format MS Office 2013 and MS Office 2013 and PDF PDF. PDF. C3.1.15 Management of Drawings When the Service Provider produces drawings, he shall, where applicable, use the Employer’s typical details and when doing so they shall become integrated into the Service Provider’s detail design for which he will assume full professional responsibility. The requirements shown on the Employer’s pro-forma drawing, available on the Employer’s web site, shall be used. Drawings shall incorporate what has been discussed and agreed at the various progress meetings. All drawings issued to the Construction Manager shall be fully signed and any amendments thereof shall also carry full original signatures. C3.1.16 Building Information Modelling (BIM) As part of SANRAL transition to Building Information Modelling (BIM) for roads and bridges, all capital projects incorporating improvements (i.e. paved shoulders, additional lanes, horizontal and vertical realignment) and new projects (new carriageway, new bridges, new brownfields/green fields) to be delivered in 3D engineered models and no longer in 2D. EDMS#32918896 –C.004-032-2019/1F Consulting Engineering Services – June 2025.1 C-72 SOUTH AFRICAN NATIONAL ROADS AGENCY SOC LIMITED CONTRACT SANRAL C.004-032-2019/1F CONSULTING ENGINEERING SERVICES TO PROVIDE FORMALISED ACCESS ROADS WITHIN THE TOWN OF VENTERSBURG AS A COMMUNITY DEVELOPMENT PROJECT SANRAL is currently initiating a research project to develop open data standards (Model View Definition) compliant with Industry Foundation Classes (IFC) data models. IFC is the industry standard in the vertical industry and is well established, and currently has global initiatives working toward implementing BIM for roads and bridges in other countries, making a natural alignment with IFC the most appropriate approach process. SANRAL will make these open standards available as soon as finalised. The Service Provider needs to ensure that the Software Packages utilised can deliver 3D engineered models. C3.1.17 Safety This part of the specification has the objective of assisting the Service Provider entering contracts with the Employer that they comply with the Occupational Health and Safety (OH&S) Act, No , as well as all applicable Regulations. Compliance with this document does not absolve the Service Provider from complying with minimum legal requirements and the Service Provider remains responsible for the health and safety of his employees and those of his Mandataries. The Service Provider shall therefore include this part of the specification in any contract that he may have with sub-service providers and/or suppliers. This part also covers the development of a health and safety specification that addresses all aspects of occupational health and safety as affected by this contract. It provides the requirements that the Service Provider shall comply with, to reduce the risks associated with this contract, which may lead to incidents causing injury and/or ill health. In this matter the spirit and intention of Regulation 5(1)(l) of the Construction Regulations, 2014, regarding negotiations between the parties, related to the contents and approval of the Health and Safety Plan, must be complied with. The Service Provider shall on award of the contract become the Client’s Agent in terms of Construction Regulation 5(5), (6) and (7) of the Occupational Health and Safety Act, (Act ). The duties and responsibilities as the Client’s Agent are as prescribed in Construction Regulation 5(7). For purposes of clarity typical duties required of the Service Provider are given in (b) and (c) below, but they shall not be interpreted as being exhaustive and if any conflict between them and the legislated Construction Regulations occurs the latter shall rule.

Project Specific Requirements The following is a list of Baseline Risk Assessment and project specific health and safety specifications prepared by the Client in terms of Construction Regulation 5(1)(a) and 5(1)(f).

Baseline Risk Assessment for Design Phase

Working in elevated positions, e.g. Bridge Inspections.

No document content found in ZIP archive

of 27 Sub-divisions and remainders created as a result of the execution of the Road Development, as well as Affected Properties, or the National Road may be non- compliant with certain of the Municipality’s spatial planning and land use management provisions and/or requirements as set out in the Municipality’s by- laws and the land use scheme of the Municipality Municipal Planning following the execution of the Road Development in the following instances: transgression of building lines; transgression of FAR restrictions; use of the land not conforming to the zoning of the land, as set out in the land use scheme; or any other non-conformity to the spatial planning and land use management provisions and/or requirements as set out in the Municipality’s by-laws and the land use scheme of the Municipality. If any Party becomes aware of such a non-compliance as referred to in clause 8.1 supra such Party shall inform the other Party in writing of the non-compliance and the extent thereof, where after the parties shall proceed to execute the necessary steps to rectify and/or condone the non-compliance.

ESTABLISHMENT OF BUSINESS NODES As a result of the execution of the Road Development, businesses which operate from Affected Properties may not enjoy the same access or exposure as previously. Where an owner of a business on an Affected Property has their access closed or amended to the detriment of the business, SANRAL may in its sole discretion: compensate the owner for direct losses suffered as a result of the amendment or closure of the access; and/or make provision for an alternative access; or of 27 relocate the business; or compensate the owner for the relocation. To promote economic development and cater for businesses which may need to be relocated as a result of the execution of the Road Development, SANRAL have made provision for Business Nodes at the locations and extent as indicated on the Road Development Plan to be utilised for these purposes. The Municipality supports the establishment of these Business Nodes as indicated on the Road Development Plan and undertakes to deal with these nodes in terms of Clause 11 below.

AMENDMENT OF MUNICIPALITY’S SDF The Municipality takes cognisance of the contents of the Corridor Plan and agrees to include and reflect the national spatial planning and land development framework and/or parameters and/or designations and the specific spatial planning, land developments and land uses reflected in the Corridor Plan in its Spatial Development Framework.

AMENDMENT OF THE MUNICIPALITY’S LAND USE SCHEME The Municipality shall within eighteen (18) months from the Signature Date and out of its own accord and in the execution of its duty in terms of the provisions of section 27(1) of SPLUMA to review its land use scheme, amend its land use scheme in terms of section 28(1) of SPLUMA to provide for and reflect the land uses pertaining to the roads set out in the Corridor Plan and/or the Road Development Plan, which include the land uses for “transport purposes”, in respects of National Roads and Road Reserves, as defined in section 2 of Schedule 2 to SPLUMA.

PUBLIC PARTICIPATION AND INTERGOVERNMENTAL CONSULTATION The Parties record that information ordinarily submitted to the Municipality for of 27 spatial planning and land development approval has been submitted to SANRAL in as far as the spatial planning and land development facets of National Roads are concerned. The Parties record that SANRAL has engaged in a public participation process and intergovernmental consultation process to prepare and compile the Road Development and the Corridor Plan. The Parties record that SANRAL have, or shall (depending on the stage of the execution of the Road Development) obtain the necessary parallel authorisations from any other organ of state decision-making authorities who must also, in terms of such an organ of state’s empowering legislation, authorise the execution of any of the activities and which SANRAL may authorise or conduct in terms of the SANRAL Act, or in terms of this Agreement. The Municipality consents and agrees that the public participation processes and intergovernmental consultation processes which SANRAL has executed in terms of the provisions of the SANRAL Act and SPLUMA (if any, and in as far as applicable) meet the requirements of SPLUMA and need not be duplicated by the Municipality, or by SANRAL when submitting a land development application to the Municipality.

A LAND DEVELOPMENT APPLICATION SUBMITTED BY SANRAL The Municipality confirms and agrees that SANRAL’s execution and fulfilment of its strategic planning functions, which include spatial planning and land use facets, in terms of the SANRAL Act and as reflected in terms of the Road Development Plan, satisfy and are adequate to meet the objectives of the development principles contained in section 7 of SPLUMA and overall meet the requirements set out in SPLUMA. The Parties acknowledge that notwithstanding the above, SANRAL is required to submit a land development application to execute the Road Development to the Municipality as the authority of first instance. of 27 The Parties agree that such a land development application will be made in line with the process and procedures as agreed to herein and as contemplated in terms of the provisions of sections 29(2) and 29(3) of SPLUMA. The Municipality confirms that SANRAL is a service provider responsible for the provision of infrastructure, utilities or other related services in terms of section 45(d) of SPLUMA and may submit a land development application in its own name without any further consents. SANRAL shall not be required to pay any land development application fees for the submission of a land development application. SANRAL shall submit a land development application to the Municipality for consideration by the AO or MPT, as determined by the Municipality, which land development application shall comprise of: a list of the land development approvals sought; a brief motivation for the land development approvals sought; this Agreement; the annexures to this Agreement. The AO or MPT , as the case may be, shall consider and decide the land development application within 3 (three) months from date of submission of the said application by SANRAL to the Municipality. The The AO or MPT, as the case may be, taking account of the processes and procedures as agreed upon in this Agreement and the information and authorisations contained herein, shall decide whether to approve the land development application or not. The Municipality shall provide SANRAL with a Certificate of Compliance and Authorisation subsequent to the approval of the land development application, or if there are any conditions imposed by the OA or the MPT, to which the approval of the land development application is subject, then subsequent to the fulfilment of 27 of such conditions. The Municipality will provide this Certificate of Compliance and Authorisation within 10 (ten) days from the date of a request by SANRAL to do so.

COMPLIANCE WITH PROVINCIAL LEGISLATION The Municipality records that, in terms of section 61(2)(c) of LUPA, it exempts SANRAL from the application of sections 36(1) and 38(1) for the subdivisions and consolidations dealt with in this agreement. The Municipality shall, within 60 (sixty) days after date of signature of this agreement, publish a notice as contemplated in section 43 of LUPA, informing the public of the exemption referred to above. SANRAL shall, if necessary, apply for an exemption from provincial planning approval for the Road Development in terms of section 53(3) of LUPA.

B-BBEE Minimum Level: one

B-BBEE Details: ..............................................................................................................................

............................................................................................................................................... (in words)

(R .................................................................. in figures)

I/we confirm that if any difference between the total of the Summary of Pricing Schedule and the amounts

stated above exists, the total in the Summary of Pricing Schedule shall apply.

B. Preference claimed

I/we claim the following B-BBEE contributor status level .......... as per Returnable Schedule Form D1:

Tenderer’s B-BBEE Verification Certificate subject to Tender Data 5.11.8. In the event of any difference

between the above stated status level and the Verification Certificate attached to Form D1, the

Verification Certificate shall apply.

You may accept this offer by signing and returning to the Tenderer one copy of the acceptance part of

the forms of offer and acceptance before the end of the period of validity stated in the tender data, (or

at the end of any agreed extension thereof), whereupon the Tenderer becomes the party named as the

service provider in the conditions of contract identified in the contract data.

Notwithstanding anything contained in a covering letter to this tender, I/we declare this offer is submitted

entirely without deviations or qualifications other than those stipulated in Form A4: Schedule of

Deviations or Qualifications by the Tenderer and that it is made free from any fraud, corruption and

misrepresentation.

Yours faithfully

EDMS#32919970– C.004-032-2019/1F Consulting Engineering Services – Version 2024.1 C-4

South african national roads agency soc limited

Contract san