NOTIFICATION BY Project Manager:
Delegation of actions
CONTRACT NO. WS 7802: SOUTHERN AQUEDUCT UPGRADE WP#05
CONSTRUCTION OF APPROXIMATELY 1850M OF DN1400 FROM ROGER
SISHI ROAD TO WESTVILLE TUNNEL ENTRANCE TO REPLACE THE
EXISTING PRESTRESSED CONCRETE PIPE AND AUGMENT THE EXISTING
STEEL PIPE
DATE OF NOTIFICATION: 18 March 2025
Delegation of the actions of the Project Manager
This notification of delegation is issued to the Contractor in terms of Clause 14.2 of the NEC4 Engineering and Construction
Contract (ECC), June 2017.
Contract clause reference
The Project Manager, after notifying the Contractor, may delegate any of his actions and may cancel any delegation. A
reference to an action of the Project Manager in this contract includes an action by his delegate (Clause 14.2).
Notes:
1. This delegation form is issued to the Contractor and each delegate and serves as written record of all delegations or
cancellations thereof, effective from the date above.
2. Whenever delegations are changed or cancelled, this delegation form will reflect the complete status quo of all
delegations, including those which may have remained unchanged.
3. When delegations are changed or cancelled over time, the copy of this delegation form with the most recent date of
issue prevails as the currently valid delegation/s by the Project Manager.
4. Any and all delegated actions which have as net effect a change in the Prices, Works Information, Key Dates or the
Completion Date, must be confirmed in writing between the delegated person and the named Project Manager.
The Project Manager hereby delegates the following of his actions (ALL NEW WORKS):
ACTION: DELEGATED TO:
1. General
1.1 General daily on-site and off-site management and Sipho Njoko of MMK Group t/a MMK Group (Pty) Ltd
interaction with the Contractor, including the receipt of all
notifications and communications from the Contractor to
the Project Manager and issuing of all communications
and notifications to the Contractor, irrespective of
whether same originates from the Project Manager or
any of his delegates (Clauses 10.1 and 13.1 to 13.8)
1.2 Notify delegation of any of the Project Manager’s Not delegated
actions to the Client, Supervisor and Contractor (this
form) (Clause 14.2)
1.3 Instruct a change to the Works Information or a Key Not delegated
Date (Clause 14.3)
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The Project Manager hereby delegates the following of his actions (ALL NEW WORKS):
ACTION: DELEGATED TO:
1.4 Consider/Accept/Reject a Contractor proposal for Not delegated
adding to the Working Areas (Clause 15.1)
1.5 Give early warning to the Contractor and enter risk/s Not delegated
into the Risk Register (Clause 16.1)
1.6 Instruct attendance of Contractor at a risk reduction Not delegated
meeting (Clause 16.2)
1.7 Assessment of risks at a risk reduction meeting as Not delegated
well as revising the Risk Register and issuing of the
revised Risk Register to the Contractor (Clause 16.4)
1.8 Notify ambiguities/inconsistencies in the contract Not delegated
documents and issue instructions for their resolution
(Clause 17.1)
1.9 To give instructions changing the Works Information Not delegated
in the event of illegality or impossibility in the Works
Information (Clause 18.1)
1.10 To give an instruction dealing with an event Not delegated
described (Clause 19.1)
2. Contractor’s main responsibilities
2.1 Consider/Accept/Reject the particulars of the Sipho Njoko of MMK Group t/a MMK Group (Pty) Ltd
Contractor’s design (if any) (Clause 21.2) or of the
Contractor’s design of Equipment (if any) (Clause 23.1)
2.2 Consider/Accept/Reject Contractor’s named key Sipho Njoko of MMK Group t/a MMK Group (Pty) Ltd
persons (Clause 24.1)
2.3 Instruction to removal of Contractor’s employee with Sipho Njoko of MMK Group t/a MMK Group (Pty) Ltd
stated reasons (Clause 24.2)
2.4 Assess Client’s costs if the Contractor fails to provide Not delegated
services to the Client as stated in the Works Information,
or when the Contractor fails to meet Conditions for a Key
Date or Completion (Clause 25.1 and Clause 25.3)
2.5 Consider/Accept/Reject Contractor’s proposed Not delegated
subcontractors (Clause 26.2)
2.6 Consider/Accept/Reject Contractor’s proposed Not delegated
subcontract conditions (Clause 26.3)
3. Time
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The Project Manager hereby delegates the following of his actions (ALL NEW WORKS):
ACTION: DELEGATED TO:
3.1 Consider/Accept/Reject the Contractor’s first Not delegated
programme (Clause 31.3)
3.2 Consider/Accept/Reject the Contractor’s revised Not delegated
programmes (Clause 32.2)
3.3 Instruction to stop/start/not start/restart work (Clause Not delegated
34.1)
3.4 Certify date upon which the Client takes over any part Not delegated
or all of the works and issue of the relevant completion
certificate (Clause 35.3)
3.5 Instruction to the Contractor to submit a quotation for Not delegated
an acceleration to achieve Completion before the
Completion Date (Clause 36.1)
3.6 Change the Prices, the Completion Date and Key Not delegated
Dates when accepting a quotation for acceleration, and
accepts the revised programme (Options A and B Clause
36.3)
4. Testing and Defects
4.1 Assess costs incurred by the Client in repeating a Sipho Njoko of MMK Group t/a MMK Group (Pty) Ltd
test or inspection after a Defect is found (Clause 40.6)
4.2 Arrange access by the Contractor to parts of the Sipho Njoko of MMK Group t/a MMK Group (Pty) Ltd
works already taken over by the Client to correct a Defect
(Clause 43.4)
4.3 Consider/Accept/Reject proposal from the Contractor Sipho Njoko of MMK Group t/a MMK Group (Pty) Ltd
not to correct a Defect, or issue proposal to the
Contractor not to correct a Defect (Clause 44.1)
4.4 Consider/Accept/Reject a quotation for reduced Not delegated
Prices or earlier Completion Date or both for accepting a
Defect, and issue of an instruction to the Contractor to
change the Works Information, Prices and Completion
Date accordingly (Clause 44.2)
4.5 Assess costs to the Client to have a Defect corrected Not delegated
by other people if the Contractor fails to correct the
Defect within the defect correction period, with access
given to do so (Clause 45.1)
4.6 Assess costs to the Contractor if he is not given Not delegated
access in order to correct a notified Defect before the
defects date (Clause 45.2)
5. Payment
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The Project Manager hereby delegates the following of his actions (ALL NEW WORKS):
ACTION: DELEGATED TO:
5.1 Receipt of Contractor’s claim for payment and Sipho Njoko of MMK Group t/a MMK Group (Pty) Ltd
providing details of how the amount due is assessed
(Clause 50.4)
5.2 Independent and impartial assessment of the amount Not delegated
due by each assessment date (Clause 50.1)
5.3 Correction of any previous wrongly assessed amount Sipho Njoko of MMK Group t/a MMK Group (Pty) Ltd
due in the current payment certificate (Clause 50.5)
5.4 Issue of the payment certificate of the amount due Not delegated
within one week of each assessment date (Clause 51.1)
5.5 Receipt of the Contractor’s invoice, processing and Sipho Njoko of MMK Group t/a MMK Group (Pty) Ltd
forwarding to the Client’s payment office for payment,
and monitoring actual payment transfer (Clause 51.2)
5.6 Consider/Accept/Reject a revision of the Activity Not delegated
Schedule submitted by the Contractor and notify the
decision (Option A Clause 54.2)
SIGNATURE OF Project Manager
Name of Project Manager: …N. Khuzwayo Pr. Tech. Eng…………………………………………..…..
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