1 1.4 12 October 2011 NEW ROCK PHOSPHATE STORAGE …€¦ · 1 Revision Legend: 0.n = Draft, 1= Final version Thus first draft = 0.1, second draft = 0.2, etc, and final approved =

TENDER DOCUMENT Tender no: FT297/11/MN

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Private and Confidential

File: P3020y11-SOW- FT297_11_MN for 200 000T New Rock Store Portion 55 a 56 - rev 20111012 Final1_4.docx

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Tender no: FT297/11/MN Cost Code: TBA

Revision1: 1.4 see legend at bottom of page Revised date: 12th October 2011

NEW ROCK PHOSPHATE STORAGE FACILITY for FOSKOR PTY LTD.

Compiled by On Behalf Of

Foskor Projects, Richards Bay Foskor (Pty) Ltd

Harish Vadlamudi - Project Engineer 21 John Ross Parkway

Dawid Zandberg – Manager Projects Richards Bay, 3900

PO Box 208

Richards Bay, 3900

Tel: 035 902 3208 Tel 035 902 3111

Fax: Fax

Email: [email protected] Email

Hereafter referred to as “Designated Representative(s) ”or/and “The Engineer”

Hereafter referred to as “Foskor” or/and “The Employer”

SITE MEETING DATE 19 OCTOBER 2011 @

11H00 AM

The below information to be provided by the Tenderer when submitting the Tender:

Name of Tenderer

Contact Person

Tel Address

Fax

Email

Time for Completion Weeks

Tender Sum Total Tender Sum Excluding VAT

Copied from Form of Tender (E1.0)

1 Revision Legend: 0.n = Draft, 1= Final version Thus first draft = 0.1, second draft = 0.2, etc, and final approved = 1.0 Should the final be revised for whatever reason the revision would be 1.1 etc.


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INDEX INDEX ................................................................................................................................................. 5�

Section A:� INVITE AND TENDER INSTRUCTIONS ........................................................................ 8�

A.1� Invitation to Tender .................................................................................................................................. 9�

A.2� Return of Tender Documents .................................................................................................................. 9�

A.3� Site Inspection ....................................................................................................................................... 10�

A.4� Examination and Completion of Documents ......................................................................................... 10�

A.5� Contract Documents Priority ................................................................................................................. 11�

A.6� Alterations by Tenderer ......................................................................................................................... 11�

A.7� Evaluation Criteria ................................................................................................................................. 11�

A.8� General .................................................................................................................................................. 13�

A.9� Site Inspection Certificate – To be signed by Tenderer ........................................................................ 15�

Section B:� CONDITIONS OF CONTRACT .................................................................................... 16�

B.1� General Conditions ................................................................................................................................ 17�

B.2� Special Conditions of Contract .............................................................................................................. 17�

Section C:� SCOPE OF WORKS and PROJECT SPECIFICATIONS ........................................... 32�

C.1.� Employer Requirements/ Scope of Works ............................................................................................ 33�

C.1.1� General Description of the Works Background ............................................................................................. 33�

C.1.2� Present Situation .......................................................................................................................................... 33�

C.1.3� Proposed Solution: Reason for this Tender .................................................................................................. 34�

C.2� Scope of Work ....................................................................................................................................... 35�

C.2.1 � Extent of the Work ........................................................................................................................................ 36�

C.3� Plant Data, Site Conditions and Locations of Works ............................................................................ 42�

C.3.1� Plant Data ..................................................................................................................................................... 42�

C.3.2� Site Conditions and Location of the Works ................................................................................................... 42�

C.4.� Programme and Work Methodology ..................................................................................................... 43�

C.4.1� Work Methodology ........................................................................................................................................ 43�

C.4.2� Approved Programme ................................................................................................................................... 43�

C.4.3� Proposed Phasing ........................................................................................................................................ 43�

C.5.� Drawings and/or Equipment Manuals ................................................................................................... 43�

C.6.� Work/Services Included/ Excluded ........................................................................................................ 44�

C.6.1 � Foskor Responsibilities ................................................................................................................................. 44�

C.6.2� Successful Tenderer’s Responsibilities ........................................................................................................ 45�

C.6.3� Work Excluded .............................................................................................................................................. 47�

C.6.4� Services which are known to exist on the site ............................................................................................... 47�

C.6.5� Proof of Compliance ..................................................................................................................................... 48�

C.7.� Legislation, Standards and Codes of Practice ...................................................................................... 48�


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C.8.� Standards Specifications ....................................................................................................................... 49�

C.9.� Particular (Foskor) Specifications ......................................................................................................... 49�

C.10� Nominated Sub Contractors .............................................................................................................. 52�

C.11. � Foskor Safety Documents to be submitted, Environmental and Site Management.......................... 53�

C.11.1 � SHREQ Requirements .................................................................................................................................. 53�

C.11.2� Environmental Management Specifications .................................................................................................. 53�

C.11.3� Training and Induction of Employees ............................................................................................................ 54�

C.11.4� Complaints Register and Environmental Incident Book ................................................................................ 54�

C.11.5� Site Cleanliness and Neatness ..................................................................................................................... 54�

C.11.6� Materials Handling and Spills Management .................................................................................................. 55�

C.11.7� Worker Conduct ............................................................................................................................................ 55�

C.11.8� Dust Control/ Air Quality ............................................................................................................................... 55�

C.11.9� Fire Prevention and Control ......................................................................................................................... 56�

C.12.� OHSA 1993 Health and Safety Specification .................................................................................... 56�

C.12.1� Appointment of Employees and Sub-Contractors ......................................................................................... 57�

C.12.2� Appointment of Safety Personnel ................................................................................................................. 57�

C.12.3� Costs of Safety ............................................................................................................................................. 58�

C.13.� Quality Management ......................................................................................................................... 58�

C.13.1� Quality Assurances: ...................................................................................................................................... 58�

C.13.2� Quality Control: ............................................................................................................................................. 59�

Section D:� CONTRACTS WORKS PROGRAMME ....................................................................... 60�

Section E:� CONTRACT PRICE ..................................................................................................... 62�

E.1� Form of Tender ...................................................................................................................................... 63�

E.1.2� Schedule of Prices: Pricing Instructions ........................................................................................................ 64�

E.1.3� Contract Price Adjustment ............................................................................................................................ 65�

E.2� Schedule of Labour Rates for the Works .............................................................................................. 66�

E.3� Schedule of Equipment for the Works ................................................................................................... 67�

E.4� Procurement Mark-up............................................................................................................................ 68�

E.5� Schedule of Sub-Contractors/Consultants ............................................................................................ 69�

E.6� Initial Project Programme of Works, Work Methodology and Cash Flow ............................................. 70�

E.6.1� Initial Programme to be Submitted ................................................................................................................ 71�

E.6.2� Table with Milestones to be Submitted ......................................................................................................... 72�

E.6.3� Table with Cash Flow Estimates to be Submitted ......................................................................................... 73�

E.7� Schedule of Key Personnel on the Project............................................................................................ 74�

E.8� Schedule of Similar Contracts Undertaken ........................................................................................... 75�

E.9� Site Establishment Request and Information ........................................................................................ 76�

E.10� Contractor OHS Agreement .................................................................................................................. 78�

E.11� SHREQ Questionnaire .......................................................................................................................... 85�

E.11.1� Questionnaire at Time of Tender .................................................................................................................. 85�


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E.11.2� Questionnaire to be used during execution of project ................................................................................... 89�

Section F– PROFORMA DOCUMENTS........................................................................................... 93�

F.1� Form of Performance Security .............................................................................................................. 94�

F.2.� Declaration of Insurance (Pro Forma) ................................................................................................... 96�

F.3.� Form of Responsibility for Safety .......................................................................................................... 97�

F.4� Site Variation Request Process Proposed ............................................................................................ 98�

F.5� Site Variation Form ................................................................................................................................ 99�

F.6� Record of Information .......................................................................................................................... 100�

F.7� Taking-Over Certificate ....................................................................................................................... 101�

F.8� Contract Status Evaluation Report ...................................................................................................... 102�

F.9� Internal Taking Over Form .................................................................................................................. 104�

F.10� Performance Certificate....................................................................................................................... 105�

F.11� Final Inspection Report ....................................................................................................................... 106�

Section G – BILL OF QUANTITY/ SCHEDULE – APPLICABLE ................................................... 107�

Section H – DRAWINGS –: Attached ............................................................................................ 111�

Section I – Other Information ....................................................................................................... 112�


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Section A: INVITE AND TENDER INSTRUCTIONS


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A.1 Invitation to Tender

A.1.1 Tenderers are invited to submit a tender in accordance with this Tender Document and related documents and attachments.

The Conditions of Contract are stipulated in Sections B.

The detailed Scope of Work and Specifications are to be found in Section C.

The Contract Works Programme is stipulated in Section D.

A.1.2 The documents issued to Tenderers are:-

a) One copy of this document, documents and annexed information.

b) One copy of the drawings listed.

A.1.3 At the time of tendering, any queries and/or uncertainties with the scope of the specifications and/or drawings shall be referred, in writing, to the designated Procurement Department representative. Contact details of the procurement will be provided by procurement on the day of the site meeting.

A.2 Return of Tender Documents

A.2.1 One copy of this document, duly completed and signed by the Tenderer, shall be delivered in a plain sealed envelope, distinctly marked as follows:

TENDER

The Manager: Procurement FOSKOR (PTY) LIMITED 21 John Ross Parkway Richards Bay

Tender No. FT297/11/MN

Contract Title: Tender Documents for New Rock Phosphate Storage Facility.

Closing date & time: To be confirmed by procurement

A.2.2 Tender Documents shall be placed in the Tender Box at Foskor Richards Bay Main Administration Reception

A.2.3 A tender sent by fax shall not be accepted.

• In case of Tenderers not being local, and not being in a position to hand deliver tender documents to the above-mentioned location, tenderers may use an approved document courier for the purpose of delivering the tender document to Foskor.

• This would be subject to auditable proof of dispatch from the Courier Company (including time and date of dispatch).

• Such proof shall be faxed and confirmed addressed to Superintendent: Tenders and Contracts, FOSKOR (PTY) LTD, 21 John Ross Parkway, Richards Bay, facsimile number as indicated under item A.1.3 before the closing time and date of the tender.

• In this case the sealed envelope shall remain addressed as per paragraph A.2.1, and shall be placed in a sealed courier bag with the following street address delivery instructions:

FOSKOR (PTY) LIMITED 21 John Ross Parkway Richards Bay, 3900

A.2.4 No late tenders shall be accepted and no exceptions shall be made. The closing time and date shall be specified by the Procurement Department.


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A.2.5 All tenders submitted will be treated as private and confidential

A.2.6 The price(s) at which the tender was awarded will not be made public

A.2.7 In the event that the Tenderer did not submit a tender or if his tender was unsuccessful, the Tenderer shall return the Enquiry Document and Drawings within 14 days to the Superintendent: Tenders and Contracts of Foskor.

A.3 Site Inspection

An official Site inspection shall be held at the Foskor, Richards Bay site on a date, time and venue confirmed in writing by the Procurement Department

The following protective clothing must be worn:

Overalls (Acid Proof), or no Safety Shoes yes Overalls (normal) yes Safety Glasses yes

Hard Hat yes Hearing protection no Transport to/from site (if off site) yes Gloves no

Safety and Health compliance Requirementslease note that a Safety Induction training is MANDATORY and all tenderers must allow for at least 30 minutes before the start of the Site Meeting to complete the induction.

• The Site Visit / Inspection is COMPULSORY.

A.4 Examination and Completion of Documents

A.4.1 The Tenderer shall examine all documents forming part of the Tender and submit his tender in accordance with this prescribed format.

A.4.2 The Sections of this document shall not be separated in any way nor shall any pages be detached therefrom.

A.4.3 The following standard forms contained in Section E of this document as issued shall be completed in detail and signed before submission.

Form Description

E.1 Form of Tender

E.1.2 Schedule of Prices: Pricing Instructions

E.1.3 Contract Price Adjustment

E.2 Schedule of Labour Rates for the Works

E.3 Schedule of Equipment for the Works

E.4 Procurement Mark-up

E.5 Schedule of Sub-Contractors/Consultants containing detailed information of Sub-Contractors/Consultants and which part of the Works will be completed or undertaken by them.

E.6 Initial Project Programme of Works, Work Methodology and Cash Flow

E.6.1 Initial Programme to be Submitted

E.6.2 Table with Milestones to be Submitted


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E.6.3 Table with Cash Flow Estimates to be Submitted

E.7 Schedule of Key Personnel which will be onsite for the duration on the Project

E.8 Schedule of Similar Contracts Undertaken

E.9 Site Establishment Request and Information

E.10 Contractor OHS Agreement

E.11 SHREQ Questionnaire

E.11.1 Questionnaire at Time of Tender

E.11.2 Questionnaire to be used during the execution of the project.

A.5 Contract Documents Priority

The Conditions of Contract shall comprise the documents as stated herein and the General Conditions, which shall be comparatively interpreted in accordance with the order of priority stated in the said Conditions.

In the event of contradictions between this document, attachments and amendments issued and other, this conditions and amendments as issued will carry priority.

A.6 Alterations by Tenderer

A.6.1 Should the Tenderer propose any amendments to the Conditions of Contract, Specifications, or to qualify his tender in any way, he/she shall set out his/her proposals clearly in a covering letter attached to this Tender with reference to the particular section of the document, failing which the tender will be deemed to be unqualified. Any proposed technical departures from Foskor’s Requirements or Specifications may be considered if submitted together with a detailed motivation for such departures.

A.6.2 The Tenderer shall include in respect of each proposed amendment the following:

a) Reason for proposed exception;

b) Suggested re-wording;

c) Any effect on the tender price (increase or decrease);

c) Any effect on the execution of the scope of supply;

d) Any effect on Foskor's overall programme objectives.

If any of the above information is not supplied as prescribed the Tender may be regarded as non-compliant and rejected.

A.7 Evaluation Criteria

A.7.1 Eligibility

A Tenderer will not be eligible to submit a tender if:

(a) the Tenderer submitting the tender is under restrictions, or is prohibited or is disqualified or has principals who are under restriction or is prohibited or is disqualified to participate in the Foskor’s procurement due to corrupt of fraudulent practices or is prohibited by law;


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(b) the Tenderer does not have the legal capacity to enter into the contract;

(c) the Tenderer submitting the tender is insolvent, in receivership, bankrupt or being wound up, has his affairs administered by a court or a judicial officer or administrator or liquidator, has suspended his business activities, or is subject to legal proceedings in respect of the foregoing in terms of the Companies Act or insolvency laws;

(d) The Tenderer does not comply with the legal requirements stated in the Foskor’s procurement policy;

(e) The Tenderer cannot demonstrate that he possesses the necessary professional and technical qualifications and competency, financial resources, equipment and other physical facilities, managerial capability, suitably qualified, trained, experienced and skilled personnel, experience and reputation for similar work to perform the contract;

(f) The Tenderer cannot provide proof that he is in good standing with respect to duties payable by law, taxes, levies and contributions required in terms of legislation applicable to the work in the contract.

(g) In the event that CIDB Contractor Grading is a requirement of the Tender, only those Tenderers who are registered, at the date and time of closing of tenders, with the CIDB in a contractor-grading designation as stated in the Tender Notice and Invitation to Tender, (e.g. 6CE etc), and as defined in the Regulations (June 2004), in terms of the CIDB Act N° 38 of 2000, are eligible to submit tenders for this contract. Furthermore, Joint Ventures are eligible to submit tenders provided that every party to the joint venture is registered with the CIDB.

A.7.2 Test for responsiveness

Foskor will determine, after opening and before detailed evaluation, whether each tender offer properly received:

a) complies with the requirements of these Conditions of Tender,

b) has been properly and fully completed and signed, and

c) is responsive to the other requirements of the tender documents.

A.7.3 A responsive tender is one that conforms to all the terms, conditions, and specifications of the tender documents without material deviation or qualification. A material deviation or qualification is one which, in Foskor’s opinion, would:

a) detrimentally affect the scope, quality, or performance of the works, services or supply identified in the Scope of Work,

b) significantly change the Foskor's or the Tenderer's risks and responsibilities under the contract, or

c) affect the competitive position of other Tenderers presenting responsive tenders, if it were to be rectified.

Foskor will reject a non-responsive tender offer, and not allow it to be subsequently made responsive by correction or withdrawal of the non-conforming deviation or reservation.


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A.7.4 Only Responsive Tenders will be further evaluated in terms of the following:

Item Description Weight RESPONSIVE TENDER

Only Responsive Tenders will be further considered. YES/NO

1 QUALITY OF PROPOSAL (NQ) 15%

2 COST/ PRICE. FINANCIAL (NF) 30%

3 EXPERIENCE/ KNOWLEDGE (NE) 20%

4 TIME FRAME (NT) 7%

5 SKILLS/ RESOURCES/ INFRASTRUCTURE (NS) 10%

6 EMPOWERMENT/ CAPACITY BUILDING (NE) 5%

7 LOCATION BENEFIT (NL) 3%

8 LIABILITIES MITIGATION AND LEGAL/ STATUTORY COMPLIANCE (NR) 10%

100.00%

Total Points Scored TEV

= (NQ x Weight) + (NF x Weight) + (NE x Weight) + (NT x Weight) + (NS x Weight) +

(NE x Weight) + (NL x Weight) + (NR x Weight)

A.7.5 Decimal places

Score financial offers, preferences and quality, as relevant, to two decimal places

A.8 General

A.8.1 Foskor reserves the right to adjust arithmetical or obvious errors in the Tender. Any adjustments made by Foskor will be communicated to the Tenderer prior to the acceptance of his Tender.

A.8.2 The Tenderer (whether his Tender is accepted or not) shall treat the information contained in the Tender as private and confidential and no copies shall be made thereof without the express permission of the Foskor.

A.8.3 Foskor is not obligated to accept the lowest or any Tender it may receive, nor to provide reasons for rejecting or accepting of any Tender, and Foskor has the right, after Tenders


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are opened, and before a Contract is awarded, to enter into negotiations and discussions with one or more Tenderers short-listed on a price, programme or technical basis, with a view to seek clarification, improvement or amendment of any particular Tender.

A.8.4 All Tenderers tender at their own risk and Foskor will not be responsible for any costs incurred by any Tenderer in compiling or submitting its tender.

A.8.5 Foskor may accept or reject any part of a Tender and is not obliged to accept a tender in its entirety.

A.8.6 The Tenderer is required to submit a ‘bona fide’ Tender, intended to be competitive and not to fix or adjust the amount of the Tender by or under or in accordance with any agreement or arrangement with any third party. The Tenderer is also obliged to ensure that it has not and will not at any time before the hour and date for the lodgement of this Tender do any of the following acts:

a) Communicate to any person2, other than bona fide advisers, the amount or approximate amount of the proposed Tender

b) Enter into any agreement or arrangement with any third party that we shall refrain from submitting a Tender or regarding the amount of any Tender to be submitted.

c) Offer, pay or give or agree to pay or give any sum of money or valuable consideration directly or indirectly to any person for doing or having done or causing or having caused to be done in relation to this or any other Tender or proposed Tender for the Works any act or deed of the sort described above; and

d) Commit any act or omission that would be contrary to the promotion of competition as set out in the Competition Act of 1989

A.9. In this document unless clearly defined references to:

N/A

2 In the aforementioned context the word "person" includes any persons or body or association, corporate or otherwise; and any "agreement or arrangement" includes any transaction, formal or informal, and whether legally binding or not.


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A.9 Site Inspection Certificate – To be signed by Tenderer

This is to CERTIFY, that we..……………………………………………………………… (Name(s in CAPITAL LETTERS) (Referred to on the Form as “We”)

representing and being duly authorised by:

........................................................................................................ ...........…………….

(Name of Company and Address) (Referred to on the Form as “We”)

1. visited the SITE on …………….…………………………..……..(date);

2. Studied the TENDER Documents (including all attachments and subsequent correspondence related to this tender);

3. Carefully examined the SITE and made ourselves familiar with all local conditions likely to influence the WORKS and the cost thereof;

We further CERTIFY that we are satisfied with the description of the WORKS and explanations given by Foskor (Pty) Ltd and we understand perfectly the WORKS to be done, as specified and implied, in the execution of this TENDER, and that we fully understand the nature of this TENDER.

I/We are,

Yours faithfully

SIGNATURE: _______________________________________________ ______

ON BEHALF OF: _______________________________________________ ______

ADDRESS: _______________________________________________ ______

_______________________________________________ ______

_______________________________________________ ______

DATE: _______________________________________________ ______

AS WITNESS: _______________________________________________ ______

AS WITNESS: _____________________________________________________


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Section B: CONDITIONS OF CONTRACT


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B.1 General Conditions

The Conditions of Contract comprise the “General Conditions”, which form part of the “Conditions of Contract for Plant and Design – Build for Electrical and Mechanical Plant, and for building and engineering works, designed by the Contractor”, First Edition 1999 published by the Fédération Internationale de Ingénieurs-Counseils (FIDIC), and the following “Particular Conditions”, which are contained in the Special Conditions of Contract hereafter which include amendments and additions to such General Conditions.

Any reference to the “Appendix” in the abovementioned General Conditions shall for all purposes and intent refer to the Special Conditions of Contract contained hereinafter.

B.2 Special Conditions of Contract

B.2.1 Amendments to General Conditions

RECORDAL

It is hereby recorded that as an essential Condition of Contract the Rock Phosphate Store Project will be carried out in two Parts and various stages as set out in Part C hereof and that Part two is dependent on the successful completion and delivery of all the stages and deliverables of Part 1 and subject the approval of the Employer’s Board of Part two of the project. For purposes of clarity, Foskor shall have the right after Part one of the project to either proceed to Part two or implement the project in part or change the Scope of Works or do anything that may be required to make the project viable in its sole and absolute discretion.

The following changes are made to the General Conditions. The clause numbers refer to hereafter are the clause numbers of the General Conditions.

Clause Ref Reference/Notes/Amendments

1.1 Definitions

1.1.2.2 “Employer” means Foskor (Pty) Ltd.

1.1.2.3 “Contractor “means [T.B.A.].

1.1.2.4 “Engineer” means the Professional Engineer(s) (per discipline) appointed by the Contractor.

1.1.3.3 The Time for Completion shall be as defined in Section D.

1.1.3.7 The Defects Notification Period shall be 365 (three hundred and sixty five) days.

1.3 Electronic transmission systems

Replace the words “using any of the agreed systems of electronic transmission as stated in the Appendix to Tender” with

a) Telefacsimile in which case the date of receipt is defined as the date and time on which such telefacsimile was transmitted;


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b) Electronic mail (email) in which case the date and time of receipt is defined as the date and time which the email was received by the recipient as proved by a read confirmation.

1.4 Governing Law

Delete the clause and replace with the following.

“The Contract shall be governed, construed and interpreted in accordance with the Laws of the Republic of South Africa. The language of the Contract shall be English”.

2.1 Time for access to the Site

The date of right of access to and possession of the Site shall be as agreed between the Parties.

4.2 Performance Security

The amount of the Performance Security shall be 10% (ten percent) of the Accepted Contract Amount. The Performance Security shall conform strictly to the Performa contained in Section F hereof and no payment of any part of the Contract Price shall be effected by the Employer until the Employer is in possession of and has approved the Performance Security.

The fourth paragraph of this clause, including items (a), (b), (c) and (d) are deleted from the Contract.

6.5 Normal Working Hours

The normal working hours are from 07h00 to 17h00 Mondays to Fridays. Only with special permission from the Employer may the Contractor work on weekends and/or Public Holidays.

8.3 Detailed Time Programme

The detailed time programme referred to in this clause shall be submitted by the Contractor to the Engineer within 7 (seven) working days after commencement of work on Site. The said programme shall be accompanied by a general description of the arrangements and methods of construction which the Contractor proposes to adopt for the carrying out of the Works. The said time programme shall be compiled using “MS Project”.

8.7 Delay damages for the Works

The delay damages are 0.2% (zero point two percent) of the Contract Price per week or part thereof provided that the maximum liability of the Contractor in terms of this clause shall not exceed 10% (ten percent) of the Contract Price.

If before the issue of the Certificate of Practical Completion of the whole of the Works any part of the Works has been:


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i. Certified by the Foskor Duly Appointed Representative as completed in terms of a Certificate of Practical Completion, or

ii. Occupied or used by Foskor, his agents, employees or other contractors (not employed by the Contractor),

The penalty for delay can be reduced by an amount that is determined by the Foskor to be appropriate in the circumstances.

13.3 Variation Procedure

Add the following:

Notwithstanding above the following apply for the determination of Variations:

13.3.1 General Principles of Valuation

The value of all variations instructed in accordance with the provisions of this Specification shall be determined by the Engineer after consultation with the Contractor and Employer in accordance with the following principles:

a) Where work is of a similar character and executed under similar conditions to work priced in the Financial Schedules (if available), it shall be valued at such rates and prices contained therein as may be applicable; or

b) Where work is not of a similar character or is not executed under similar conditions the rates and prices in the Financial Schedules (if any) shall be used as a basis for valuation as far as may be reasonable; or

c) In respect of additional or substituted work, if neither of the above principles apply the work shall be valued on a day work basis utilising the day work rates (if any) contained within the Contract Document.

In the absence of agreed day work rates appropriate labour, material and equipment costs shall be calculated in accordance with Section 13.3.2 below

13.3.2 Labour, Material and Equipment Costs

a) Labour Costs

Payment shall be made for all labour classifications up to and including Foremen, but shall not include Manager, Assistant Managers, General Foremen, Surveyors, Office Personnel, Time Keepers and Maintenance Mechanics. The time charged to Variation Work shall be subject to the daily approval of the Construction Manager/Engineer's Duly Appointed Representative and no charges shall be accepted unless evidence of such approval is submitted by the Contractor. Labour rates used to calculate the direct labour costs shall be those rates in effect during the accomplishment of the Variation Work. If rates for work performed on a Contract Variation Request do not exist in the current Contracts, a mutually agreed rate will be established between the Contractor and the


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Construction Manager/Engineer's Duly Appointed Representative.

In addition to the direct payroll costs, the direct labour costs shall include payroll taxes and insurance, vacation allowances, subsistence, travel time and overtime premium and any other payroll additives required to be paid by the Contractor by law or collective bargaining agreements. Copies of certified pertinent payrolls shall be submitted to the Construction Manager/Engineer's Duly Appointed Representative upon request.

c) Material Costs

Payment for the cost of materials furnished by the Contractor for use in performing the Variation Work shall be made, provided such furnishing and use of materials was specifically authorised by the Engineer. Charges must be the net cost to the Contractor delivered at the job and vendor's invoice must accompany the billing, along with the verification by the Engineer of the use of such materials.

d) Equipment Costs

i) Payment for the rental and operation of the equipment furnished and used by the Contractor shall be made for all construction and automatic equipment except equipment or tools with a new cost at point of origin of R500 (Five Hundred Rand) or less each.

ii) Equipment time charged to Variation Work will be subject to daily approval of the Construction Manager/Engineer's Duly Appointed Representative and no charges will be accepted unless evidence of such approval is submitted with the Contractor's billing.

iii) The equipment rental and operation rates include costs for rental, fuel, oil, grease, repair parts, service and maintenance of any kind and necessary attachments. Such charges do not include costs for operation labour and transportation to and from the location of the Variation Work. When equipment is used for Variation Work which does not reasonably resemble any of the equipment having rental rates in the price and bid data section of the Contract, the rental rate shall be negotiated and agreed upon with the Engineer and Employer.

iv) If Contractor owned equipment is not available and equipment is rented from outside sources, payment will be computed on the basis of actual invoice cost. Rental rates for non-owned equipment must be approved in advance by the Engineer and the Employer.

v) When the operated use of equipment is infrequent and, as determined by the Engineer, it need not remain at the


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site of the work continuously, payment shall be limited to actual hours of use. Equipment not operating but retained at the location of Variation Work at the Engineer direction shall be paid for at the agreed Standby Rate.

If such will have significant impact on cost, the Employer permission to be obtained.

vi) Unless otherwise provided in the Contract, all equipment rental rates shall be agreed upon in writing before commencing any Variation Work.

vii) Transportation cost for bringing equipment to the job site and for returning equipment to the point of origin will be reimbursed to the Contractor based on invoices, provided that prior written approval has been given to the Contractor by the Employer on recommendation by the Engineer.

e) Tools, Supplies, Overheads, Supervision and Profit

A charge for tools and equipment with a new cost value of R500 or less each, and for supplies, overheads and profit in the amount of plus 25% of Labour Costs, plus 10% of Material Costs, plus 5% of Sub contract and Outside Services Costs shall be added to the nett costs determined above where no percentage additions are otherwise stated in the Contract Document.

13.5 (b)(ii) Provisional Sums

0%

[If there are Provisional Sums, insert a percentage for adjustment of

Provisional Sums]

14.3 Retention

Limit of Retention Money 0% of Accepted Contract Amount

[Note: Either Retention or Performance Bond]

18.2 Insurances

The Contractor shall be the insuring Party for all insurances required in terms of the Contract, i.e. Contract All Risk Insurance, Public Liability etc.

The Contractor is referred to item B.2.2.4 (Insurances to be effected by the Contractor) below/attached regarding the insurance to be effected by the Contractor.

19(4)(b) Force Majeure


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Clause 19(4)(b) is hereby deleted.

20.1 Claims and Disputes

Add the additional clause.

“Disputes shall in the first instance be referred to a Committee comprising the Chief Executive Officer of each of the Parties, or their delegates, for resolution. The said Committee shall attempt to resolve the dispute within the shortest possible time but should the dispute not be resolved within 30(thirty) days of its submission, then the dispute will be referred to the Adjudicator in terms of Clause 20.2.”

20.2 Dispute Adjudication Board (“DAB”)

The DAB shall comprise a single member (the Adjudicator) who shall be a person appointed by the Parties as being suitably qualified to decide on a particular dispute. In the event of the Parties being unable to agree on an Adjudicator for any particular dispute, then the appointing authority shall be The Centre for Dispute Resolution in Johannesburg, P O Box 883 Northlands, 2116, telephone (011) 648 9500, facsimile (011) 648 9503.

20.5 Delete this clause.

20.6 Delete sub-clauses (a) and (b) and replace them with the following sub-clauses.

a) The dispute shall be finally settled under the Rules of Arbitration of the Arbitration Foundation of South Africa.

b) The Arbitration shall be held in Johannesburg, Gauteng, Republic of South Africa.

B.2.2 Other Special Conditions

B.2.2.1 Daily Record Book

The Contractor shall keep a daily record book in which records of events are to be entered daily by the Contractor. A duplicate copy of the Daily Record Book shall be submitted to the Engineer for signature every 24 (twenty four) hours. The Engineer’s signature shall indicate only acknowledgement of such daily record and shall not be construed as acceptance of the content of such record. Such record shall further not constitute a Notice as referred to in Clause 20.1 of the General Conditions.

B.2.2.2 Invoicing and Payment


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This clause should be read and applied together with Clause 14 of the General Conditions but shall take precedence over anything to the contrary stated in the said Clause 14.

B.2.2.2.1 Payment will be made by the Employer to the Contractor within 30 (thirty) days from the date of Contractors approved invoice. The invoice shall be approved in accordance with the provisions of Clause 14 of the General Conditions.

B.2.2.2.2 In the event that Stages applies to the works the following payment structure per stage apply. The Contract can only claim to a maximum as indicated below, subject to providing acceptable and sufficient proof that the deliverables per stage were met.

Stage Description % per stage

% cumm

PART 1

Stage 1 Confirmation of The Employer needs and Project Definition

Preliminary Design 10% 10%

Stage 2 Design Concept 10% 20%

Stage 3 Design Development & Cost estimate

Design and Cost Estimate

15% 35%

PART 2

Stage 4 Technical/ Tender Documentation and Evaluation

Procurement and Construction 15% 50%

Stage 5 Construction and Management

40% 90%

Stage 6 Close Out or Professional Services

10% 100%

100%

Disbursements costs (if applicable) will be paid according to agreed rates and proof expenditure submitted. No mark-up are applicable.

B.2.2.3 Standing Time

Standing time is defined as a period of time measured in hours, when the Contractors normal operational cycle is affected by causes caused by the Employer and results in normal stoppage or major disruption to the regular progress of the Works. Payment to the Contractor for standing time will be certified only where, in the Engineer’s opinion, the delay was clearly beyond the reasonable control of the Contractor and the Contractor further took all reasonable measures to avoid or reduce such delay.


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The Employer will not be held responsible for payment of standing time due to repositioning of works (e.g scaffolding, shuttering, etc) or poor planning by the Contractor in liaison with other (e.g. sub contractors, production, maintenance, medicals and inductions, etc.).

B.2.2.3 OHS Agreement

The Contractor acknowledges that it has been issued with the Employer’s OHS Agreement, and undertakes to comply therewith in all respects.

B.2.2.4 Insurances to be effected by the Contractor

B.2.2.4.1 Indemnification

The Contractor agrees to indemnify, hold harmless and defend The Employer and its officers, employees, agents, contractors and representatives from and against any claim, demand, cause of action, liability, loss and/or expense arising from:

a) Any claim, irrespective of the cause of action, against The Employer or its employees arising, directly or indirectly, from the performance of the Services by the Contractor, its sub-contractors, employees, agents, representatives or invitees, irrespective of the degree of fault involved;

b) Any damage to or loss of the Contractor’s property (including the property of the Contractor’s officers, employees, agents, sub-contractors and representatives) arising directly or indirectly through the acts or omissions to act of The Employer or its sub-contractors, employees, or agents, irrespective of the fault, delict or negligence of The Employer (including its officers, employees, agents, contractors and representatives);

c) Any injury to or death of the Contractor’s personnel (including the Contractors officers, employees, agents, sub-contractors and representatives, and the Contractor’s suppliers) arising directly or indirectly through the acts or omissions to act of The Employer or its sub-contractors, employees, or agents, irrespective of the fault, delict or negligence of The Employer (including its officers, employees, agents, contractors and representatives);

d) Any failure of the Contractor to comply with any Act of Parliament, ordinance, regulation, or by-law made with lawful authority by a governmental, provincial, regional, municipal, local or other authority, provided that compliance by the Contractor was required under the provisions of this agreement, in law or otherwise, including, without limitation, failure of the Contractor to pay taxes, duties or fees;


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e) Any actual or asserted infringement or improper appropriation or use by the Contractor of trade secrets, proprietary information, intellectual property rights, know-how, copyright (both statutory and non-statutory) or patented or unpatented inventions, or for actual or alleged unauthorised limitation of the work of others, or arising out of the use of methods, processes, designs, information, or other things furnished or communicated to The Employer by the Contractor in connection with the performance of the Services; and

f) The failure of the Contractor to comply with any collective agreement, statute, arbitration award, court order, wage determination or similar instrument regulating terms and conditions of employment, health and safety, dismissal or termination of employment.

The Contractor shall insure itself against any liability arising from the above indemnities, and The Employer may require proof of such insurance. If the Contractor fails to take such insurance, The Employer reserves the right to procure insurance on behalf of and for the cost of the Contractor.

The Contractor shall inform his employees of the above indemnities, and The Employer may require proof of the employees’ knowledge of the above indemnity undertakings.

B.2.2.4.2 Insurances required

Without limiting his obligations in terms of the Contract, the Contractor shall before commencement of the Works effect and maintain the following insurances covering the respective interests of the Contractor and The Employer:

(a) Insurance of the Works and of all movables on the Site intended for incorporation in the Works against damage or physical loss from whatsoever cause arising

(i) for the period for which the Contractor is responsible for the Works, and

(ii) for a sum insured which shall, unless otherwise specified in the Contract, be the aggregate of

(aa) the Contract Price,

(bb) a sum to cover the value (specified at the time of delivery to the Contractor) of materials supplied by The Employer for incorporation in the Works and not included in the Contract Price, and

(cc) a sum to cover professional fees, not included in the Contract Price, payable in respect of the repair or reinstatement of damage to the Works or said movables.


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(b) A Coupon Policy for Special Risks Insurance issued by the South African Special Risks Insurance Association if such requirement is stated in the Appendix.

(c) Liability insurance from the Commencement Date to the date of the Certificate of Completion or the end of the Defects Liability Period (if any) for a limit of indemnity specified in the Appendix covering The Employer and the Contractor against their respective liability for the death of or injury to any person or loss of or damage to any property (other than property while it is insured in terms of paragraph (a)) arising out of or in the course of the performance of the Contract;

(d) Such other additional or varied insurances as are required by The Employer;

B.2.2.4.3 The Employer to approve insurance policy

The insurances referred to shall be effected with an insurance company registered in the Republic of South Africa and the terms thereof shall be subject to approval by The Employer, which approval shall not be unreasonably withheld.

B.2.2.4.4 Contractor to produce proof of payment

The Contractor shall produce to The Employer the policies by which the insurances are effected and proof of the due payment of all premiums thereunder and of the continuity of the policies for the required period.

B.2.2.4 Accidents

In addition to any statutory obligations, the Contractor shall immediately report to the Employer’s Representative or Employer every occurrence causing damage to property or injury to persons. If required by the Employer’s Representative, the Contractor shall submit a further report in writing to the Employer’s Representative within 48 hours of such requirements setting out full details of the occurrence. The Contractor shall report those injuries that are reportable in terms of Section 24 of the OHS Act (1993) to the Department of Labour.

The Employer’s Representative shall have the right to make any enquiries either on the Site or elsewhere as to the cause and results of any such occurrences and the Contractor shall make available to the Employer’s Representative the necessary facilities for carrying out such enquiries.

B.2.2.5 Temporary Works

B.2.2.5.1 Temporary Office and Facilities

During the construction phase the Contractor shall provide and maintain temporary sheds and offices for the proper storage of materials and for the use of the workmen and shall remove such temporary offices and sheds on completion.


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Temporary offices for the use of the The Employer designated representative and his staff need to be provided by the Contractor.

B.2.2.5.2 Accommodation of Employees

The Employer is unable to provide any accommodation whatsoever for the Contractors personnel, subsequently the Contractor must allow for such accommodation within their price.

B.2.2.5.3 Scaffolding

Scaffolding (if applicable) and unless specifically stipulated is for the Contractor's account and must be negotiated directly by the Contractor with the Scaffolding Contractor. In the event that the Scaffolding Contractor be a nominated sub-contractors, the parties will co-operate in minimizing standing time or wasteful use of scaffolding.

The Employer will not be held responsible for payment of standing time due to repositioning of scaffolding or poor planning by the Contractor in liaison with the Scaffolding Contractor.

B.2.2.5.4 Site Establishment

Site Establishment by the Tenderer for the executing of the works described in this Tender is subject to WRITTEN APPROVAL by The Employer’s Projects Department.

Unless the Scope of Work clearly indicate otherwise, the Tenderer is required to submit a formal request for the Projects Department to consider.

Notwithstanding any reference to site establishment and pricing for site offices and other relevant time and fix related items in the Bill of Quantities or Schedule attached (if any), the successful Tenderer would not be allowed to establish site on The Employer premises without a written approval by the Projects Department. To this effect, no claims for delay against concerning a delay in site establishment would be accommodated.

Unless otherwise indicated the Preliminary and General Item or Section Contents covered by SANS 1200A item 8.1.2 cover the site establishment and de-establishment of the Tenderer.

In the event that site establishment is approved The Employer will at its own discretion allocate a site establishment area, however The Employer can should it deem necessary retract or re-define its approval by giving reasonable notice (depending on the circumstance between 24 hours and 7 days) to the successful Tenderer.

The Employer at its discretion, after consideration of a request to site establish require the Tenderer to pay a non refundable deposit for the connection of services.

The deposit needs to be paid to Finance Department and a copy the proof of payment to be submitted to Projects, Procurement and SHEQ department.

Furthermore, in the event that during the site establishment or/and after site de-establishment The Employer find that the site and services provided is or have been damaged/vandalized and that repairs needed to facilities, The Employer


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will deduct any proven costs associated with such repairs from the Contractors final invoice.

B2.2.5.5 Other Services and Facilities

The Contractor shall provide any artificial lighting, which may be necessary or required for the proper execution of the works, and provide electric power and water required by all Sub-Contractors, Nominated Sub-Contractors and Sub-Contractors appointed directly.

The Contractor shall give all notices and pay all fees in connection with temporary electrical and water connections and shall connect temporary Electrical and Water meters for and pay for all current and water consumed.

The Contractor is advised that the permanent light fittings and water points of any kind installed in the Works are not to be used to provide temporary lighting and supplement water requirements for construction purposes

B.2.2.6 Certification with Recognized Bodies

Only contractors registered with the relevant Board (e.g. Engineering Council, Electrical, National Building, etc) of South Africa in accordance with the legislation and regulations of for example the the Occupational Health and Safety Act will be accepted and permitted to do work under this contract.

B.2.2.7 Permits

The Contractor is advised that, in the case of an existing building or institution, all security measures in force will remain in operation and he must acquaint himself and his Employees with them as he and his Employees will at all times be subject to these measures.

The Contractor will on no account extend his operations beyond the confines of the building site as indicated by The Employer and must ensure that all his Employees are made aware of these limits. Any Employee disregarding this instruction and found outside the limit of the building site without authority, shall be redeployed immediately and shall not again be employed on this Contract.

The Contractor will be responsible for ensuring that this instruction is strictly enforced and must provide and remove upon completion or when directed, such other necessary temporary barriers, fences, etc., as may be required and is to allow opposite this item for any charges he may wish to make in this connection.

The Employer will accept no responsibility whatsoever for damage to or the loss of plant, materials, etc., from the site.

B.2.2.8 Sample of Materials

The work is to be executed with materials of the best specified and in the most substantial and workmanlike manner under the inspection of the Employer, and to his satisfaction.


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The Contractor shall furnish, without delay, such samples as called for or may be called for by the Employer, who may reject all materials or workmanship not corresponding with the approved sample.

B.2.2.9 Requirement for the termination, diversion, or maintenance of existing services and disposal of waste

B.2.2.9.1 Excavations (Refer to COP6) The Contractor on site shall ensure that for all activities involving excavations, shoring, dewatering or drainage, a safe working procedure is to be established and submitted based on the associated risk assessment conducted for each specific work activity and/or excavation. The safe work procedure shall be submitted to the Employer/ Engineer and SHEQ Department for approval prior to work commencing.

Excavation work exceeding the specified depth as stipulated in the OHSACT Regulations, shall comply with the following requirements: (a) An excavation clearance is to be given prior to commencement of work.

(Per Excavation Clearance Risk Assessment and Form). (b) The excavations shall be inspected before daily work starts, after heavy

rain (inclement weather) and after any major condition which may affect the excavations stability and the findings are to be recorded and kept; (Inspection Checklist)

(c) All excavations regardless of the depth shall be adequately barricaded to prevent persons falling into the excavation;

(d) The safe working procedure shall be communicated to all employees who may be effected by the work; and

(e) The safe working procedures shall be enforced and maintained by the appointed excavation supervisor at all times.

(f) For high-risk activities, all personnel working in the excavation shall be attached by means of a lifeline.

(g) Material excavated shall be removed from the point of excavation. (h) Ensure stability of adjoining structures.

Although all effort is made by the Employer to indicate underground services to the Contractor, it is imperative that the Contractor take all care to avoid damage to property and/or injury to people. If there is uncertainty on the services, the Contractor is to first excavate by shovel until the area can be cleared of services and the contractor must ensure that this operation is carried out safely. Should the Contractor come in contact with any underground cables or pipes during excavations, immediate notification must be made to the Employer and all work in the vicinity of such cables, pipes, etc., shall cease until authority to proceed has been obtained from the Employer. Should the Contractor damage underground cables or pipes resulting in a disruption of services to an existing institution such damage shall be repaired immediately at the Contractors costs.


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B.2.2.9.2 Soil and Waste Handling (Refer to COP82 The Waste Management Supervisor must be involved in the discussions when a project is planned that will involve the excavation of soil. The following steps will be followed: a. The first step will be to determine the level of contamination by doing a

visual inspection to see if any hazardous material can be seen. b. The areas where the excavation are to take place will then be looked at in

terms of the history of that specific area, the possible contaminants that could have affected the soil over time, etc.

c. Once the above has been done, the next step will be to physically take samples and have it analyzed / by the Employer’s Laboratory, for pH, Sulphates, Phosphates, Fluorides.

d. The above indicates the potential pollutant continuants to be expected at The Employer. If high concentrations of any one of these indicators are found the soil material will be regarded as contaminated and as such hazardous.

e. Excavation can commence however “clean” material and “contaminated” material must be separated as far as reasonably possible during the excavation.

f. Both “clean” and “contaminated” streams will be sampled randomly prior to being stockpiled in the The Employer Bunker yard at the South end of the plant or within a dedicated area identified prior to excavation.

g. Alternative use for soil should be considered rather than disposal and as such the samples taken should then be appropriately classified by an accredited laboratory to determine potential treatment and to identify appropriate methods for re-use and/or disposal. The process can take up to 6 weeks before a comprehensive report can be submitted.

h. Only once the report has been received back by The Employer, can the actual steps of the handling and disposal and / or re-use of the soil be determined.

Refer to COP 82 (point 4.2.6) for the list of materials / substances that are seen as hazardous waste present on site at The Employer. Once all the physical analysis had been done, and the soil had been classified as either clean or contaminated, the following needs to be done; i. Uncontaminated / Clean Soil – the Employer designated representative can

continue to discuss the removal of the soil by the contractor - Waste Management Supervisor is not required to monitor the removal of this material.

Unless otherwise stated the cost for the uncontaminated/clean soil removal will be deemed included in the Tender and for the account of the Tenderer.

ii. Contaminated Soil – the Employer designated representative needs to involve

the Waste Management Supervisor from here on in all the discussion prior to the commencing of the project. The WMS will give advice and manage the removal from site and will be able to give the Projects Department regular feedback as and when required on the volumes of contaminated material removed from site. A Safe Disposal Certificate will be issued for every load disposed of. Unless stated otherwise disposal of Contaminated Soil will be done by the Employer designated contaminated waste disposal company on site.


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The method of soil removal will be determined by the volumes to be excavated. Large volumes are removed by means of 30 ton Tipper Trucks and smaller volumes by means of 7m3 Skips.

B.2.2.10 Materials Available

In the event of waste material from development being used in the works as indicated by the Engineer, the Employer does not guarantee the suitability of the waste material, but the onus shall be on the Contractor to ensure suitability of such waste materials.

B.2.2.11 Publication Advertising and Photographs

The Contractor shall not publish, or cause to be published any papers, articles or information relating to the Works nor permit any advertising mentioning the subject of the Contract and he shall not display or allow the Sub-Contractors to display any advertisements on the site or elsewhere in connection with the Works without the prior permission in writing of the Employer.


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Section C: SCOPE OF WORKS and PROJECT

SPECIFICATIONS


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This SCOPE OF WORKS and PROJECT SPECIFICATIONS are set out in the following:

C.1. Employer Requirements/ Scope of Works

C.2 Scope of Work

C.3 Plant Data, Site Conditions and Locations of Works

C.4 Programme and Work Methodology

C.5 Drawings and/or Equipment Manual

C.6 Work/Services Included/ Excluded Supplied Services

C.7 Legislation, Standards and Codes of Practice

C.8 Standards Specifications

C.9 Particular (Foskor) Specifications

C.10 Nominated Sub Contractors

C.11 Foskor Safety Documents to be submitted, Environmental and Site Management

C.12 OHSA 1993 Health and Safety Specification

C.13 Quality Management

The SCOPE OF WORKS and PROJECT SPECIFICATIONS as set out in this Section referring to items in these Tender Documents or to the Drawings or to the instructions issued by the Foskor designated representative/Engineer to the Contractor shall apply to the performance of this Contract.

Should any requirements of this Project Specification conflict with any requirements of the standard specifications, the requirements of the Project Specification shall prevail.

C.1. Employer Requirements/ Scope of Works

C.1.1 General Description of the Works Background

Foskor’s acid division at Richards Bay produces phosphoric acid for export. One of the raw materials for the production of phosphoric acid is rock Phosphate. The same is mined in Phalaborwa and then railed to Richards Bay for consumption.

C.1.2 Present Situation

Currently there are concerns with regards to the storage capacity of Rock Phosphate. The existing storage capacity on site is about 100,000 T when only Foskor Rock is stored. If rock imported from TOGO (“TOGO rock “) is stored then the capacity of the existing store is significantly reduced. Rock Phosphate is delivered from Phalaborwa by train to Grinrod’s Navitrade terminal across the road from Foskor, where it is offloaded by rail tippler and conveyed to the main Foskor store thru a pipe conveyor. Foskor would like to have storage capacity of around 10% of its annual consumption. The future annual consumption is estimated to be 3.0 million tonnes. Based on this, the desired storage capacity should be in the range of 250-300,000 T against the present capacity of 100,000T.


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C.1.3 Proposed Solution: Reason for this Tender

Considering the above preliminary analysis and the perceived requirement, Foskor requires storage capacity of 250,000 T for the rock phosphate. The storage capacity of 250,000T will be split into two parts. 200,000T will be met thru the construction of a new store on portions 55 and 56. The balance 50,000T storage capacity is expected to be achieved by splitting the existing rock phosphate store on site. Considering the nature and extent of such an undertaking Foskor envisage to appoint a suitable qualified and experienced consulting/construction firm which will use the FIDIC Design-Build contract as the project delivery method.

The proposed new facility will be constructed on Portions 55 & 56, across the road to the west of the existing plant site.

Foskor envisages to realise the following benefits from this strategic project.

• Provide sufficient rock storage capacity to support 1.0 mtpa P2O5 production. • Provide sufficient fertilizer storage capacity to support growth of fertilizer production

(Short term: 500 000 tpa) by splitting of the existing rock phosphate storage facility.. • Mitigate the risk of stopping (slow down) the Acid division due to TFR’s in ability to

deliver. • Enable TFR to continuously supply rock to Foskor despite operational status of the

Factory (e.g. shutdown etc).

The appointment of a suitable qualified and experienced professional Firm will inter alia include the facilitation and management of the project to be fit for intended purpose and will include the following:

• Confirmation of Foskor needs, Project Definition, scoping of works and budgeting;

• Concept and final design; • Tender and adjudication; and • Construction and project management • Project closure

C.1.4 Strategic Consideration

To mitigate risk and to ensure continuous supply of rock phosphate, Foskor will strategically implement the envisaged solution in to two phases, namely:

Phase 1 :- 200,000T New Rock Store

• Development of the new site for construction (including municipal services, roads, etc). • The site would be self sufficient for all its utilities. • Construction of the New Rock Store (Capacity 200,000 T Rock Phosphate) • Automated mechanical reclamation system. • Input from the transfer tower of the pipe conveyor from Navi trade to Foskor. • Output to the pipe conveyor exporting to Foskor. • There are two wetlands on the new plot of land where construction will not be

permitted. One on the northern side of the land (smaller of the two) and the other (the bigger of the two) on the southern side of the land. Foskor will try to get an exemption for construction to be allowed on the smaller wetland. The exemption cannot be guaranteed until Record of Decision from the concerned authorities is received.


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• Budgeting and costing (10% accuracy required); • Mechanical completion, pre commissioning and commissioning of the new system • Project closure documentation, Data packs and handover. • The general operating philosophy for the store would be as: - Under normal

circumstances, the rock phosphate from Grindrod’s Navitrade tippler will be discharged directly by the pipe conveyor to Foskor’s existing store on its site. If Foskor’s store is full or the incoming conveyor inside the store is not operational, then the rock from the tippler will be diverted to the new store on portion 55 & 56. The reclamation system from the new store will be used, when there are no trains offloading at the tippler and there’s sufficient storage space at Foskor’s existing rock storage facility on site.

Phase 2:- Splitting existing Rock Phosphate store

• Splitting of the existing rock store to provide for storage space of at least 50,000 T rock phosphate.

• Estimate to be provided of the storage volume in the remaining half of the store at the concept stage itself.

• To be noted that this phase will only be commissioned once found feasible by Foskor. • If found feasible during the concept stage, then this phase will proceed till stage 4 as

defined later on in the document. • The splitting of the existing rock store will be implemented if found feasible, only after

the new rock store is up and running.

C.1.5. Nature of the Works

The nature of the main works is Design and Build and is envisaged to include (but not limited to) the following disciplines:

• Geotechnical, • Civil, • Mechanical, • Electrical & Instrumentation Engineering, • Wet services, • Dry services, • Procurement, • Construction Management, and • Project Management

It will be required of the Contractor to do what is necessary to complete the scope of works as per applicable specification, adherence to legislation, meeting quality requirements, financial and time constraints so that the deliverable is fit for purpose

C.2 Scope of Work

The Scope of Work (“Works”) calls for the successful completion and commissioning of Phase 1 and 2 concerning creating additional raw material (rock phosphate) bulk storage facilities, for Foskor and all the relevant associated works that is required to make such a facility functional for its purpose.


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The Contractor should take note that Foskor might require the Scope of Work to be phased in a specific order to ensure minimum disruption to day to day production activities within the Plant.

Although it is envisaged that the Works will be constructed within an defined period (See PROGRAMME FOR THE WORKS) (from commencement to completion) it will be the Contractors responsibility to provide Foskor with a construction program indicating the start and completion dates of the various phases within the overall contract period. Attention is drawn to the fact that all phases will be executed on a stop-start basis

The project will be undertaken in terms of the latest revisions and amendments of all relevant legislation, standards and Codes of Practices. The Tenderer will complete the Works in accordance with all statutory obligations, municipal regulations and all other relevant requirements. The Tenderer is specifically reminded of the requirements in terms of the Occupation Health and Safety Act, Act 85 of 1993 and latest amendments in terms of this project.

The successful Tenderer to read the Scope of Work and execute the work as outlined in this tender.

The Tenderer will be allowed to do work which is not in the scope of work only on request or agreement from Foskor’s duly authorised/ designated representative, and communications issued during the tender process and subsequent to appointments.

The work methodology and approach would be determined by the Tenderer, however it’s imperative that the outcome of the work meets the following requirements:

C.2.1 Extent of the Work

The Contractor will consider the following stages:

Stage 1: Confirmation of Foskor’s needs and Project definition

Stage 2: Design Concept

Stage 3: Design Development

Stage 4: Technical/ Tender Documentation and Procurement of Services and Goods

Stage 5: Construction and construction management

Stage 6: Closeout of the project

Matters to consider in this project

Important: It’s to be noted that the Tenderer appointment will be consist of two parts: Part 1

Will account for Stages Stage 1 to 3 and will cover the need appraisal and design concept and design development and tender process for each phase . Pricing towards this Part will be a Fix Price as detailed in Section G. Payment on this section will be based milestones reached and also in line with B.2.2.2.2 and meeting milestone dates. The Tenderer will base the fix price to provided the deliverables described in within the time frame (Section D).


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It is a requirement of this tender that all Tenderers provide details of the contract team (including professional team (“Engineer(s)) they propose to use, and in the case of a Joint Venture the structure of such. The Tenderer is to provide such in Section E, Form E.7 (Schedule of Key Personnel on the Project). Also attached must be information/proof supporting the appropriate experience of such team. Due to the nature of the Project, the team composition, dynamics and relevant experience and risk profile is deemed critical.

Part 2

On the approval of the design concept, board and management approval and subject to the availability of funds, the tenderer‘s appointment will be extended concerning Stage 4 to 6 or part there off for each phase.

Pricing towards this Part will be based on a COST PLUS FIXED FEE PERCENTAGE on TOTAL INSTALLED COSTS as detailed in Section G. Payment on this section will be based progress and milestones reached and also in line with B.2.2.2.2 and meeting milestone dates.

Note that work for every stage will only commence when (and if) the previous stage been approved by Foskor ”TOTAL INSTALLED COSTS” means the Contract Price, including any trade

discounts obtained, as defined in Section B, excluding VAT and the FIXED FEE PERCENTAGE

This will include all costs associated with the defined stages of the project but exclude items as defined in the FIXED FEE PERCENTAGE.

The Contractor is required to clearly define and to

justify all costs. “FIXED FEE PERCENTAGE” means a the fee that will be paid to the Contractor

as a percentage of the Total Installed Costs, which will include a clear breakdown as to the allocation and will inter alia cover Head Office/ JV Overheads, Construction Manager, Professional Engineer(s) for all disciplines, Quantity Surveyor (Cost Control), Full Time Supervision, Quality Management, Safety, Cost of Money (insurances, overdraft, surety, etc), Disbursements, Profit,and other items the Contractor may deem necessary and clearly defined.


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Matters to be considered towards the design • Phasing requirements in that work will be conducted at two sites. One be on Foskor’s

current premises in a production environment and the other on a new but not serviced site;

• Stages of process as described below; • Liasoning with authorities; • EIA /Scoping and Record of Decision from relevant authorities; • RoD and timing in terms of construction/commissioning; • All work shall be in accordance with SANS specification, all levels and dimensions

shall be verified on site.

Find below the details, after appointment of the successful Tenderer, on the stages in which the work will be executed:

C.2.1.1 Stage 1: Confirmation of Foskor’s needs and Project Definition The Tenderer will for phase 1 and 2 separately:

• Conduct an appraisal to confirm or define Foskor needs and to report on the Foskor requirements regarding all work as per scope.

• Do site visits, conduct interviews with all stakeholders and study documentation/ plans to determine the requirements and scope.

• Define and confirm the requirements and scope concerning work and the Project definition.

• Prepare and present at least 3 High level Project Plans

Deliverables (per phase) • Project definition/scoping report,, • EIA requirements, • Engineering and Geo-tech requirements, • Project Plan • Procurement Plan • 3 possible solutions/scenarios for consideration, • The anticipated project program.

C.2.1.2 Stage 2: Design Concept Tenderer will be required to:

Phase 1: New Rock Store on portions 55 and 56.

• Prepare and present Concept Design Proposals, Project Plans and budget estimates for at least 3 scenarios

• Design concept of development for portion’s 55 and 56. • Design concept for servicing of the property. (Wet and Dry Services) • Design of dedicated new rock store with a storage capacity of 200,000 T of Foskor

Rock Phosphate • Storm water management system on the site.


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• Dust emissions management for the facility including environmental management system for the site.

• Design automated reclamation system with a capacity of 900 TPH. • Record of Decision – suspensive condition.

There are two wetlands on the new plot of land where construction will not be permitted. One on the northern side of the land (smaller of the two) and the other (the bigger of the two) on the southern side of the land. Foskor will endevaour through an independent professional environmental consultant to get an exemption for construction to be allowed on the smaller wetland. The exemption cannot be guaranteed until Record of Decision (RoD) from the concerned authorities is received. The successful Tenderer will be required to assist in providing the necessary support in providing relevant information and toward obtaining the necessary RoD. The receipt of a RoD within a reasonable timeframe is a suspensive condition of this Contract, and Foskor cannot be held liable for any claims associated with the failure of obtaining such from the relevant authorities.

Phase2: Splitting of the existing rock store on Foskor site.

• Design development and integration with existing wet and dry services, • Dust emissions management for the facility including environmental management

system for the site. • Prepare and present Concept Design Proposals, Project Plans and budget

estimates for at least 3 scenarios that considered the dividing of the existing rock phosphate store on site to provide for storage space of at least 50,000 T rock phosphate.

• Estimate to be provided of the storage volume in the remaining half of the store. • Feasibility of installing an automated /mechanised reclamation system in the

existing divided rock store for reclamation of rock phosphate. Capacity of the reclamation system to be 550TPH. Life cycle costing to be done for the same in comparison with pay loader operations

The feasibility of feeding the phosphoric acid plant directly from the incoming conveyor is also to be explored.

Deliverables (per phase) • 3 Concept Design Proposals and Scenarios(out of which one will be approved by

Foskor) • The technical and functional characteristics of the project as proposed, • The estimated costs in relation to the budget, (accuracy +/-40%) • The anticipated project program. • Risk analysis indentifying constraints and effect (probability and likelihood with

effect on time and costs) • Stakeholder plan • Input for EIA/scoping as and when required. • Presentation(s) and meeting(s) with executive for approval


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C.2.1.3 Stage 3: Design Development and cost estimate On approval and acceptance of the Concept Design, and appointment of the Tenderer to proceed with the design, the Tenderer will develop the design concept in sufficient detail to:

• Finalise design for phase 1 and 2. • Manage and co-ordinate the work designed by the Project Team (consultants and

specialists), • Prepare drawings (plans, sections, elevations that are workable and have been

approved by Foskor), and • Review and obtain approval of the design with the relevant authorities. • Determine control budget for approvals/ Agreed targeted costs by RFI (Request for

Information).

Deliverables (per phase) • Final and detailed designs; • Record of Decisions from authorities • Control Budget Estimate (+/-10% accuracy) for final approval • Control Programme and Project Plan

C.2.1.4 Stage 4: Procurement including Technical/ Tender Documentation During this stage the Tenderer will be responsible for the the Procurement of goods and services including the preparation of tender documentation(s) and, on conclusion of the tender process(es) which the Tenderer will facilitate, construction documentation in a format and to the acceptance of Foskor. The Tenderer will also co-ordinate all the processes and documentation for the project as designed and approved It’s envisaged that this stage will include: • Finalising and implementing procurement and stakeholder management plans • Draft Procurement Policy and Process to be approved by Foskor • Identifying risk in terms of lead times, quality and costs • Finalising procurement procedure/process • Preparation of tender documentation • Approval of tender documentation and scope • Floating/Procurement of goods and services via approved process • Attending and leading site meetings for tenders • Adjudication of bids submitted • Bid Clarification • Award of Tenders • Liasoning with suppliers and contract management

Deliverables (per phase) • Foskor approve Procurement, and Stakeholder Management processes and

policies


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• Risk management and mitigation. • Tenders compiled and floated. • Comprehension and acceptance by Foskor of adjudication and recommendation

reports • Cost of the quotes received vs Agreed Targeted Cost/Indicative Total Installed Cost

deviation. • Submit reports as required/requested • Revised programme, cash flow, costs towards INDICATIVE TOTAL INSTALLED

COSTS (10% accuracy required) • Award of contracts towards execution of work, administrative justice (contracts

valid and signed - submitting proof of such

C.2.1.5 Stage 5: Construction and Management During this stage, the Tenderer will undertake and manage the construction and commissioning of the phased work(s). This will include all disciplines of the project, and specifically also: • Mechanical completion to be certified as per the approved PID and layout. • Assistance in pre commissioning and commissioning of the system. Deliverables (per phase) This will include that on appointment of a suitable contractor(s) the Tenderer will: • Prepare construction documentation and arrange for the signing thereof. • The construction drawings will consist of all required to effectively construct the

work to meet requirements in a suitable format. • Administer and perform the duties assigned in a professional manner in this

contract. • Coordinate the interface between the construction/building contractors, Foskor

affected parties, and Foskor Projects department. • Expedite works with consideration to Time, Quality and Costs • Regular reports and progress meetings • Deviation reports • Manage and report cost of the works in relation to the budget. • Hold/conduct regular meetings as required at suitable intervals to monitor progress

of the projects. • Training of operations and maintenance staff on specialized equipment

C.2.1.6 Stage 6: Close out of the project. This stage requires the Tenderer to conclude the project ensuring all deliverable is met and works successfully commissioned and some of the deliverables of this project, over and above the normal requirements associated with such a project includes: Deliverables (per phase) • Project closeout report and review • Financial reconciliation, with clear justification on deviation from 10% accuracy

required towards determining FINAL TOTAL COST OF INSTALLATION. • Asset register with description and values • All documentation related to guarantees/warrantees, etc


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• Provide the client with as-built drawings, certificates, relevant technical data and guarantees from all suppliers on completion of the works.

• Data packs e.g., operations and maintenance manuals, spares part list, equipment data sheets. Six copies of all documents required. Soft copy of all documents also to be provided.

• Operational readiness – Operational and Maintenance training/systems to be in place for Foskor personnel to operate and maintain the system, once ready. The new system also needs to be successfully integrated (tested during operational conditions over period of 3 months) with Foskor systems.

• Etc.

C.3 Plant Data, Site Conditions and Locations of Works

C.3.1 Plant Data

Not applicable

C.3.2 Site Conditions and Location of the Works

Phase 1: New Rock Store on portions 55 and 56.

All work listed in the document will be conducted at Portions 55 & 56, Richards Bay as shown in the attached drawing

The site is situated outside the premises of Foskor at Richards Bay.

It should be able to execute the works unrestrained, although it would be imperative for the successful Tenderer to ensure that safe access is ensured.

Geotechnical

The nature of the work also calls for extremely dangerous excavations where raking and shoring of embankments with the presence of a high water table will be in the order of the day

A geotechnical investigation has been done for the site and the report would be made available to the tenderer’s.

No claims for extras arising from his failure to observe this clause will be admitted, as it will be deemed that the prevailing conditions have been taken into account when tendering.

Phase 2: Splitting of the existing rock store on Foskor site.

The site is located inside the Foskor Richards Bay Plant; approximately 800 meters from the main entrance and restricted access for vehicles are possible.

The Tenderer’s attention is drawn to the fact that certain construction will be executed in plant areas where production processes require utmost safety precautions and special safety equipment.

The successful Tenderer will be required to keep a log of site conditions and matters affecting site conditions such as rain, etc.

Geotechnical

The Contractor should also take cognisance that dewatering of extremely aggressive groundwater (low pH) from the excavations should not be underestimated.


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The nature of the work also calls for extremely dangerous excavations where raking and shoring of embankments with the presence of a low water table will be in the order of the day.

A geotechnical investigation has been done for the site and the report would be made available to the tenderer’s.

No claims for extras arising from his failure to observe this clause will be admitted, as it will be deemed that the prevailing conditions have been taken into account when tendering.

The tenderer is deemed to have viewed the site(s) and to have thoroughly acquainted him with the extent, nature and conditions affecting the work to be done before submitting his tender.

C.4. Programme and Work Methodology

C.4.1 Work Methodology

The Contractor must within 14 days of order submit for approval a detailed work methodology outlining the Contractors proposed phasing.

C.4.2 Approved Programme

Within 7 days from the contract award the Contractor shall submit to Foskor’s designated representative for his approval, his detailed programme, labour and plant schedules suitably subdivided into sections and activities within each section of the works.

The detailed programme shall be based upon and fall within the limits and constraints of the tenderer’s proposed programme.

Foskor designated representative/agent will monitor progress of the works against the approved program.

C.4.3 Proposed Phasing

In the event that phasing is required for construction on the plant or the designated site the Contractor is to take notice the site is contained within an existing plant that will be operational during the entire construction period. This combined with other factors such as restricted working space, existing services and vehicle and staff movement through the site make it imperative that disruption of production is eliminated and if not possible at least minimised. Good coordination will be required between the Contractor, Foskor designated representative and other Foskor departments.

C.5. Drawings and/or Equipment Manuals The following drawing, data and/or manuals remain the property of Foskor and shall be returned to Foskor on completion of the work.

Drawing No. Title / Description Revision

Aerial Photograph showing area Portions 55 & 56

Survey drawing for portions 55 & 56.


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Drawing No. Title / Description Revision

Specification of Rock Phosphate

Aerial Photograph of the Input output Tie in points

All work listed in this scope of work shall be completed in accordance with the latest copies of drawings/manuals as listed above.

It is the responsibility of the Tenderer to ensure that the Tenderer has the latest copies of drawings as listed above for the execution of this project.

On completion of the project the successful Tenderer must certify all documentation and drawings for correctness and conformance to the OHS Act.

The Tenderer is to note that these drawings are for general information to give an indication of construction and assessment of the scale of work required, they do not necessary depict the actual construction work envisaged. These drawings are provided in draft format. Final “approved for construction” drawings will be issued to the successful Tenderer upon award.

C.6. Work/Services Included/ Excluded

C.6.1 Foskor Responsibilities

Foskor shall be responsible for Applicable:

1 Supply a copy of the relevant Foskor Procedure Specification(s). refer C.3

2 Supply a copy of reference drawings if required. refer C.6

3 Supply a copy of equipment instruction manuals (if applicable) refer C.6

4 Compressed Air for the works

� Compressed Air for the use of the works will be supplied free of charge at a point agreed by the Employer

YES on existing

site

5 Provide access to electricity connection points

� Connection and consumption need to be monitored by Tenderer and verified by Foskor on defined intervals (usually at the beginning and end of contract)

� Electricity for the use of the works will be supplied free of charge at a point agreed by the Employer

� The Tenderer shall make connection to the existing supply and execute all necessary temporary and permanent installation work in accordance with Foskor’s Specifications, remove same and make good on completion if necessary to approval of Foskor.

YES on existing

site

6 Provide access to potable water

� Connection and consumption would need to be monitored by Successful Tenderer ( Contractor)and verified by Foskor on intervals (usually at the beginning and end of contract) defined by Foskor.

� Water for the use of the works will be supplied free of charge at a point agreed by Foskor. Installation of permanent and temporary piping in accordance with Foskors Specifications is the responsibility of the Contractor.

YES on existing

site


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Foskor shall be responsible for Applicable:

7 Provide a suitable area for site establishment for Successful Tenderer.

� Successful Tenderer to formally in writing motivate, request and define the area and services it deems necessary for site establishment.

� Foskor will at its own discretion (if request is approved) allocate an site establishment area, however Foskor can should it deem necessary retract or re-define its approval by giving reasonable notice to the successful Tenderer

ON REQUEST

8 Provide access to ablutions facilities. (not change rooms)

� Successful Tenderer’s workers to be fully dressed in required PPE when coming on site.

� The successful Tenderer to ensure that its workers/subcontractors/ supplier that are making use of facilities, do so in an orderly and well-mannered way.

� Successful Tenderer is not allowed to make use of Foskor’s change room or tearoom facilities unless agreed to in writing.

� The successful Tenderer might be called on to assist with the maintenance and cleaning of ablutions, should Foskor at its discretion be of the opinion that it be necessary. Cost associated with such cannot be claimed from Foskor.

NO

9 Assist in issuing of work clearances and HIRA certificates. NO

10 Waste/ Scrap bins for disposal of waste (general and contaminated) where and when required. (only if not part of the scope of works)

� Successful Tenderer) to indicate the type (no and size of bins) and frequency of waste disposal it would require.

NO

11 Scaffolding (requirements and timing to be specified by Tenderer well in advance) NO

12 Pointing out known underground services (applicable for services on Foskor Site) YES

C.6.2 Successful Tenderer’s Responsibilities

The successful Tenderer shall be responsible for (inter alia): Applicable:

1 Supply of scaffold, crainage, rigging and lifting equipment YES

2 Supply suitable qualified and competent labour inter alia: general, specialized, artisans and supervision to fulfil the scope of work. YES

3 Supply of tools and any specialized equipment. YES

4 • On approval of request for Site Establishment, to safely complete and set up site.

• On completion of works, site to be re-instated to original or accepted in writing as-is.

YES

5 Supply of temporary lighting to conduct work in areas where lighting is required YES

6 Supply of back-up electricity (generator) in the event of electricity failure, or when plant is down for maintenance or to run own small equipment YES


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7 Compressed Air for the works

� The Contractor shall make his own arrangements and provide all facilities for compressed air for the use of the works.

YES

8 Supply suitable (approved) personal protective equipment (PPE) YES

9 To ensure that all work is reviewed by designated Foskor representative at all stages and/or agreed milestones of the project. All work completed needs to be inspected and approved by the designated Foskor representative (.eg . Project Supervisor/ Manager)

YES

10 During and after installation/construction and commissioning the successful Tenderer shall conduct final inspection of all work together with designated Foskor representative to compile SNAG list.

YES

11 To ensure that all acceptance approvals as per the Quality Control Policy (QCP) are received before work final handed over. YES

12 The cleaning of his site and the removal and dumping of all building rubble either into into bins allocated to him by Foskor or disposal to approved Foskor landfill site.

Should there be any contaminated rubble the contractor must give the designated Foskor representative written notice thereof in order for the either Foskor to make the necessary provision for the disposal or such, or approval of the process and landfill site to which the Tenderer will dispose the contaminated rubble to.

YES

13 Locating underground services: The area to be excavated will be indicated by the designated Foskor Representative(s). All excavations around services are to be done by shovel and the contractor must ensure that this operation is carried out safely.

YES

14 All work to be completed by the Contractor will be inspected and approved by the designated Foskor Representative(s). It is the contractor’s responsibility to ensure that all work is reviewed by the designated Foskor Representative(s) at all stages of the project.

After installation/construction and commissioning the Contractor shall conduct final inspection of all work.

YES

15 The Contractor shall ensure that all acceptance approval as per the QCP is received before work is handed over. YES

16 The Contractor shall ensure that all drawings are redlined with all changes during the construction period and shall ensure these are issued to the Engineer at final handover

YES

17 KEY PERSONNEL

The Contractor shall furnish Foskor with a list of addresses and telephone numbers of key personnel in the Contractors organisation, who may be contacted in an emergency both during and outside office hours.

YES

18 SITE MEETINGS

Contractor shall hold regular site meetings and keep and circulate minutes. YES


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The Contractor shall attend and shall ensure that all Sub-Contractors are represented

19 EXAMINATIONS AND INSPECTIONS

The Contractor shall include in his rates and prices for all costs involved with regard to statutory examinations and inspections of plans, machinery and workings to comply with the appropriate Laws and Regulations and indicates these items in the programme.

YES

20 GROUND AND ACCESS TO WORKS

The Contractor shall occupy only such ground as is necessary to carry out the work. He shall provide and maintain such access as he requires for the proper execution of the work. All fences and other structures that have been damaged or interfered with by the Contractor shall be restored to a condition at least equivalent to their original conditions.

YES

21 TRANSPORTATION OF MATERIAL AND PERSONNEL

The Contractor will be responsible for transportation of labour and material from security area to work Site.

YES

22 MAINTENANCE OF CONTRACTOR’S OWN EQUIPMENT

Maintenance of the Contractor’s own Equipment will be its total responsibility including the provision of spares, parts, standby equipment, labour and consumables and workshop facilities.

YES

Note that concerning above:

i. Successful Tenderer remains ultimately responsible for management, control, maintenance, and security of its designated area of work, established site (container/workshop/material), labour, sub-contractors, suppliers, and equipment.

ii. No claims towards losses will be accommodated;

iii. All items that the Successful Tenderer will bring to Foskor, will be subjected to review and approval by Foskor and shall conform to Foskor procedures

C.6.3 Work Excluded

Any work not specifically mentioned in section C, detailed in the listed drawings and/or measured in schedule of quantities/ bill of quantities attached shall be excluded from this contract unless specifically instructed by the Engineer by means of a signed variation order or written instructions.

C.6.4 Services which are known to exist on the site

The following services exist on the site: Services Phase1 Phase2

• Electrical cables, substations, overhead/underground, etc ��

��

��• Instrumentation cable, meters, sensors, etc ��• Mechanical ��• Civil/ Structural (structural supports i.e. foundations / ��


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columns) • Water Lines (Raw, Purified, Potable) ��• Storm water Drainage (Pipes/Channels) ��• Sewage Lines ��• Telephone cables ��• Computer cables ��• Acid /Gas / Effluent Lines or pipes ��• Fire hydrant, fire protection systems or alarms ��• �• � The precise type, location, dept and material to be confirmed on site by the Tenderer.

C.6.5 Proof of Compliance

The following certificates must be provided before first delivery is taken:

Compliance Certificates Tick Applicable

� Electrical Compliance Certificate �� Plumbing Compliance Certificate �� Lightning Certificate �� Soil Protection Certificate �� As Built drawings �� Owners Manuals for installed equipment �� Concrete Test Certificates �� Soil Density Test Certificates �� Additional tests as require by law, by-law or Foskor �� Compliance to legislation �� Proof of Professional Registration of Engineer(s) as defined ��

C.7. Legislation, Standards and Codes of Practice

Latest revisions or amendments of the listed codes and specification are applicable to this contract:

Number Title / Description Revision

Act 85 Occupational Health and Safety Act – Act 85 of 1993 Latest

ISO ISO 90001 – Quality Management System Latest

Act 39 National Environmental Management Air Quality Act No 39 OF 2004 Latest

Act 45 Atmospheric Pollution Prevention Act No 45 OF 1965 Latest


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Act 62 National Environmental Management Amendment Act, 2008.

Latest

Act 30 The Unemployment Insurance Act (Act No 30 of 1996), as amended

The requirements of Local and other Authorities Latest

National Building Regulation Latest

Act 36 The Health Act (Act No 36 of 1919), as amended

The Water Act (1984)

Any other laws and regulations affecting the Works

All Licensing Laws

All work listed in this scope of work shall be completed in accordance with the specifications and codes as listed above. It is the responsibility of the Tenderer to be in possession of the latest standards and codes as listed above in the execution of this project.

C.8. Standards Specifications All work listed in this scope of work shall be completed in accordance with the standard specifications listed below. Deviation from the Standard Specification shall be covered under the Particular Specifications. The Contractor shall ensure that there is at least one Hard Copy of the standard specification on Site at all Times.

Number Title / Description Version Applicable

OTHER STANDARDS on this Tender

SANS 1200 SAMS200 (All relevant specifications) Latest YES

Relevant SANS standards applicable to this Project

C.9. Particular (Foskor) Specifications All work listed in this scope of work shall be completed in accordance with the specifications listed below. Those specifically applicable to this Tender is marked with “YES”, however it does not exclude other specification listed or implied, and it remains the Tenderer’s responsibility to ensure that work execute and tender prepared is in line and meets the requirements of all standards indicated of not.


APPLICABLE FOSKOR SPECIFICATION on this Tender


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E 006 Low Voltage Distribution Boards Latest

E 008 Luminaries Latest

E001 Low and Medium Voltage Motors Latest

E002 400V AC Distribution Switchgear & MCC's Latest

E003 Industrial Electrical Installations Latest YES

EC1 Installation, Testing and Commissioning of electrical equipment Latest

EE1 Motor Control Centre and Switchgear Latest

EE2 Squirrel Cage Induction and Wound Rotor Motors Latest

EE6 11KV Power Transformers Latest

FC005 General Earth Works to Plant and Building Latest YES

FC016 General Road Works Latest YES

FC021 General Specification for Terrace Construction Latest

FC026 General Specification For Roadworks Latest

FD001 Design Criteria for Structures Latest YES

FG001 General Requirements for Projects Latest YES

FL001 Design and Fabrication Criteria for Ladders and Walkways Latest YES

FM001 General Mechanical Specification Latest YES

FM002 Rubber lining of Vessels and Piping Latest

FM003 Welding of Fabricated Equipment Latest YES

FM273 Fire Tube Waste Heat Boiler Latest

FM432 Canevas specification Latest

FQ001 General Engineering Quality Requirements Latest YES

FQ002 Non Destructive Testing Latest YES

FS001 Fabrication and Erection of Structural Steel Latest YES

FS002 Specification of Roof and Side Cladding Latest

FT001 Trestles and Access Platforms Latest YES

FV001 Requirements Vessels, Tanks and Heat Exchangers Latest

FY001 Design/Fabrication of Piping Latest

GC1 Civil excavation, Form work and Concrete work Latest YES

GC2 Interlocking Paving Latest

GC3 Packing and Grouting Latest

GD1 R General requirements for Design Latest

GE1 Design of Electrical Installation1 Latest

GM1 General Mechanical Latest

GM2 Mechanical Erection Latest


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GM3 Surface preparation and protection specification: Paint Latest

GM4 Pressure Vessels including Auxiliary equipment Latest

GM5 Pipe Standards Including Auxiliary Equipment Latest

GM6 Engineering Drawing and Document requirements Latest YES

GM7 Electric Overhead Travelling Cranes Latest

GM8 Surface Protection Latest

GQ1 Quality Control procedure for Contractors Latest

GS1 Structural Steelwork and Platework fabrication and erection Latest

GS2 Metal roofing and cladding of structure Latest

GV1 Mine Health and Safety Act for Contractors and Consultants Latest

MC001 Colour Coding Richards Bay Latest YES

MC002 Scope of Corrosion Protection Richards Bay Latest YES

MC003 Painting High Spillage Areas Latest YES

MC004 General Plant Painting Specification Low Temperature Latest YES

MC005 General Plant Painting Specification High Temperature Latest YES

MC006 Repair Damaged Steel Work Latest

MC007 Steel Denso Wrap System Latest YES

MC008 Pipe/Flange Protection Denso Wrap System Latest

MC009 General Plant Protection High Corrosive Areas Latest

MC010 Painting Tank Grillage Latest

MC011 Internal Painting of Tanks with Demineralised Water Latest

APPLICABLE SULPHOS PROJECT SPECIFICATIONS on this Tender

SS-000000-C-005 Earthworks to foundations and buildings Latest

SS-000000-C-006 General specification for concrete construction Latest

SS-000000-C-007 Concrete specification Latest

SS-000000-C-012 Grouting Latest

ST-000000-C-016 General road works Latest

SS-000000-C-017 Underground gravity pipelines, cable ducts and drain Latest

SS-000000-C-021 Terrace construction Latest

ST-350999-316-001 Civil and Building work- Sulphuric acid plant Latest

SS-000000-E-003 Industrial electrical installations Latest

SS-000000-G-001 Project general Latest

SS-000000-G-003 Corrosion protection Latest

SS-000000-Q-001 General quality requirements Latest YES


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SS-000000-Q-002 Non destructive testing construction site Latest

SS-000000-S-001 Fabrication and erection of structural steelwork Latest

SS-000000-S-002 Roof & side cladding (by BEMA) Latest

DD-000000-C-001 Civil design criteria Latest

DD-000000-S-001 Structural design criteria Latest

It is the responsibility of the Tenderer to be in possession of the latest specifications as listed above or implied in the execution of this project. The Tenderer is referred to the Specification mentioned for full descriptions of materials and methods referred to in these Bills of Quantities/Lump Sum documents, insofar as they apply. The Tenderer is advised to study the referred to specification, before pricing Bills of Quantities/Lump Sum documents. Where the description in the Bills of Quantities/Lump Sum documents differ from those in the Specifications, the descriptions in the Bills of Quantities/Lump Sum documents are to apply. No claim whatsoever will be allowed in respect of errors in pricing due to brevity of description of items in the Bills of Quantities/Lump Sum documents which are fully described when read in conjunction with the relevant Preambles and/or Specifications. Suppliers of materials and the like, whose quality systems apply with one or more of the SABS/SANS ISO 9000 Series should be used whenever possible in the absence of a particular SABS/SANS Specification Standard Mark. Wherever the words "shall be deemed to be included in the description", "shall be stated" or other words having the same effect, appear in the Standard System, it shall be deemed that all descriptions in these Bills of Quantities/Lump Sum documents incorporated such inclusions and statements whether specifically stated or not. The Tenderer is hereby informed that where SABS/SANS Specifications are referred to in these Bills of Quantities/Lump Sums documents and Specifications thereto, then ONLY the Specification of Work Clauses will apply. The method of measurement and payment clauses will NOT apply to this Contract. Whenever reference is made to "Sub-Contractor", "Nominated Sub-Contractor" or the like in the specifications included or referred to in these Bills of Quantities/Lump Sums documents, it shall be deemed to mean "Contractor" as defined.

C.10 Nominated Sub Contractors The following Subcontractors are nominated by Foskor:


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Contractor Concerning Works Contact

N/A

C.11. Foskor Safety Documents to be submitted, Environmental and Site Management

C.11.1 SHREQ Requirements

The successful Tenderer will be required to comply and ensure continuous compliance with the following Foskor standards and national regulations:

• Compliance with relevant Code of Practice*, including but not limited to:

o COP82 Waste Management

o COP 6 on Control of Construction Work

• Submittal and Approval of Safety File to the SHREQ department before site establishment

• Submittal of signed Section 37(2) Agreement in terms of the OHSAct at SHREQ department

• Compliance with Legislation requirements which includes the OHSAct, NEMA (National Environment Management Act) and other relevant applicable Legislation

* copy of requirements available from Foskor SHREQ Department

C.11.2 Environmental Management Specifications

In order to ensure that the construction works is carried out in an environmentally sensitive and responsible manner, strict compliance to the Environmental Management Plan (EMP) guidelines is required. The purpose of the EMP is to:

• Encourage good management practices through planning and commitment to environmental issues

• Provide rational and practical environmental guidelines to;

o Minimize disturbance of the natural environment

o Prevent pollution of land, air and water

o Prevent soil erosion and facilitate re-vegetation

• Adopt the best practicable means available to prevent or minimize adverse environmental impact,

• Develop waste management practices based on prevention, minimization recycling, treatment or disposal of wastes,

• Train employees and contractors with regard to environmental obligations

The EMP shall be part of the terms of reference for all contractors, sub-contractors and suppliers.

A copy of the EMP requirements is available from Foskor SHREQ department


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C.11.3 Training and Induction of Employees

The successful Tenderer has a responsibility to ensure that all those people involved in the project are aware of and familiar with the environmental requirements for the project (this includes sub-contractors, casual labour, etc).

C.11.4 Complaints Register and Environmental Incident Book

C.11.4.1 Complaints lodging process and actions

Any complaints received by the project team from Foskor Employees, the contractor or other suppliers will be recorded.

No complaint will be accepted if the following information have note been recorded:

• Time, date and place the event took place;

• Nature of the complaint;

• Type of communication (telephone, letter etc)

• Name, contact address and telephone number of the complainant

• Proposed/ Required actions or Action taken: when and by whom.

Complaints against the Successful Tenderer , require to be investigated and a response given to the complainant within 14 days from date of issue.

Complaints would be deemed closed when signed off by the designated Foskor representative.

Record of complaints and incidences to be kept by Contractor and submitted at project meetings for the record.

C.11.4.2 Environmental Incidents

All environmental incidents occurring on the site will be recorded.

Record of complaints and incidences to be kept by Contractor and submitted at project meetings for the record.

The following information will be provided:

• Time, date, location and nature of the incident

• Actions taken and by whom

C.11.5 Site Cleanliness and Neatness

The Contractor would be required to ensure that its staff, sub-contractors and supplier keep the site and works area clean and neat, to that extend it would be required that:

• All materials, equipment, plant and vehicles must be stored in designated areas within the construction camp.

• A dedicated area must be made available for construction staff to change and store their personal belongings.


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C.11.6 Materials Handling and Spills Management

Concerning handling of materials and in the event of spills (hazardous or contaminated materials):

• Any hazardous materials to be used during construction (e.g. lime, fuel, paint etc) are to be stored in a designated area at the construction site or as instructed;

• The storage container/facilities (including any diesel/petrol tanks) must be placed on an impermeable surface and surrounded by a bund wall, in order to ensure that accidental spillage does not pollute the environment;

• Workers must at all times be made aware of the health and safety risks associated with any hazardous substances used (e.g. smoking near fuel tanks), and must be provided with appropriate protective clothing/equipment in case of spillages or accidents;

• Ensure all staff and contractors undergo relevant training in the maintenance of equipment to prevent the accidental discharge or spill of fuel, oil, lubricants and other chemicals.

• Any spill of potentially hazardous must be cleaned up immediately; and

• All spillages and incidents to be reported immediately.

C.11.7 Worker Conduct

Code of Conduct for all the Contractor staff, sub-contractors and suppliers:

• Do not leave the construction site untidy and strewn with rubbish which will attract animal pests;

• Do not set fire;

• Do not cause any unnecessary, disturbing noise at the construction camp/site or at any designated worker collection/drop off point;

• Do not exceed the Foskor speed limits on Foskor roads;

• Do not drive a vehicle which is generating excessive noise or gaseous pollution (noisy vehicle must be reported and repaired as soon as possible);

• Do not litter along litter along the roadsides, including both the public and private roads;

• Do not pollute and any water bodies (whether flowing or not); and

• Use water and electricity sparingly

C.11.8 Dust Control/ Air Quality

• Dust suppression measures must be implemented during construction by ensuring that all surfaces prone to dust generation are kept damp (e.g. use of water tanker).

• Ensure that vehicles and equipment are in good working condition and that emissions are not excessive.

• Special care must be taken in areas where the route passes close to schools and residential areas.


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C.11.9 Fire Prevention and Control

• Smoking is prohibited near flammable substances.

• The Contractor must ensure that fire-fighting equipment is available on site, particularly where flammable substances are being stored or used, and that construction staff are aware of where it is kept and how it is operated.

C.12. OHSA 1993 Health and Safety Specification

This specification covers the health and safety requirements to be met by the successful Tenderer to ensure a continued safe and healthy environment for all workers, employees and subcontractors under his control and for all other persons entering the site of works.

This specification shall be read with the Occupational Health and Safety Act (Act No 85 and amendment Act No 181) 1993, and the corresponding Construction Regulations 2003, and all other safety codes and specifications referred to in the said Construction regulations.

In terms of the OHSA Agreement in section E10 of the contract document, the status of the successful Tenderer as mandatory to Foskor (client) is that of an employer in his own right, responsible to comply with all provisions of OHSA 1993 and the construction Regulations 2003.

This safety specification and the successful Tenderer’s own safety Plan as well as the construction Regulations 2003, shall be displayed on site or made available for inspection by all workers, employees, inspectors and any other persons entering the site of works.

MANDATORY AS ENVISAGED BY SECTION37(2) OF THE ACT

By the submission of a tender, any tenderer will, if awarded the contract to which this tender document relates, be deemed to be the mandatory as envisaged by Section 37 (2) of the Act.

As a mandatory the successful tenderer will be deemed to be the “principal contractor” and an employer in his/her/their own right with duties as prescribed in the Act and accordingly will be deemed to have agreed to be solely responsible for ensuring that in connection with the service to which this tender document relates, all work will be performed and machinery and plant used in accordance with the Act.

Should the Contractor, for whatever reason be unable to perform as required by the Act, the Contractor undertakes to inform the Employer (Foskor and/or its Agent) accordingly.

Tenderer’s are advised that it is a Condition of Tender that a ' Construction Phase Safety, Health and Environmental Plan' specifically related to the project for which tenders are being submitted must be prepared by the tenderer and submitted with the other tender documents at the time of tender. Failure to do so will invalidate the tender.

IMPORTANT NOTE

Below is a summary of some of matters as defined in the Act. This by no means intent to be a complete summary and successful Tenderer is required and advised in his own interest to make a careful study of the Act and the Construction regulations.

Ignorance of the Act and the Regulations will not be accepted in any proceedings, as a valid excuse when resulting in non-conformance to the Act and the Regulations.


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C.12.1 Appointment of Employees and Sub-Contractors

C.12.1.1 Health and safety plan

The successful Tenderer shall appoint his employees and any subcontractors to be employed on the contract, in writing, and he shall provide them with a copy of his documented Health and Safety Plan, or relevant sections thereof.

The successful Tenderer shall ensure that all subcontractors and employees are committed to the implementation of his Safety Plan.

C.12.1.2 Health and Safety Induction

The successful Tenderer shall ensure that all employees under his control, including the subcontractors and their employees, undergo a health and safety induction training course by a competent person before commencement of construction work.

No visitor or other person shall be allowed or permitted to enter the site of the works unless such person has undergone health and safety training pertaining to hazards on site.

The successful Tenderer shall ensure that every employee on site shall at all times be in possession of proof of the health and safety induction training issued by a competent person prior to commencement of construction work.

C.12.2 Appointment of Safety Personnel

C.12.2.1 Construction Supervisor

The successful Tenderer shall appoint a full-time Construction Supervisor with the duty of supervising the performance of the construction work.

He may also have to appoint one or more competent employees to assist the construction supervisor where justified by the scope and complexity of the works.

C.12.2.2 Construction Safety Officer

Taking into consideration the size of the project and the hazards or dangers that can be expected, the successful Tenderer shall appoint in writing a full-time or part-time3 construction Safety Officer.

The Safety Officer shall have the necessary competence and resources to perform his duties diligently.

Provision shall be made by the successful Tenderer in his rates, to cover the cost of this dedicated construction Safety Officer appointed after award of the contract.

C.12.2.3 Health and Safety Representatives

In terms of Section 17 and 18 of the Act (OHSA1993) the successful Tenderer, being the employer in the terms of the Act for the execution of the contract, shall appoint a health and safety representative whenever he has more than 20 employees in his employment on the site of the works.

The health and safety representative must be selected from employees who are employed in a full-time capacity at a specific workplace.

3 As per guideline/ decision of the Inspector of the Department of Labour.


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The health and safety representative(s) will inter alia:

o review the effectiveness of health and safety measures;

o identity potential hazards and major incidents;

o examine causes of incidents (in collaboration with his employer);

o investigate complaints by employees relating to health and safety at work;

o to make representations to the employer or Inspector on general matters affecting the health and safety of employees;

o inspect the workplace, plant, machinery etc. on a regular base, to participate in consultations with Inspectors; and

o Attend meetings of the health and safety committee (with permission obtained from its employer).

C.12.3 Costs of Safety

It is a condition of this contract that successful Tenderer’s, who submit tenders for this contract, shall make provision in their tenders for the cost of all health and safety measures during the construction process.

All associated activities and expenditure are deemed to be included in the successful Tenderer’s tendered rates and prices.

C.12.3.1 Safety Personnel Reimbursement

The Construction Supervisor, the Construction Safety Officer, Health and Safety Representatives, Health and Safety Committee and competent persons shall be members of the successful Tenderer’s personnel and no additional payments will be made for the appointment of such personnel.

C.13. Quality Management

The successful Tenderer is to adhere to Foskor’s Quality Management System and specifications incorporated in this Tender Document.

C.13.1 Quality Assurances:

i. It is a requirement of the contract that the successful Tenderer maintains an effective documented system for the control of product quality.

ii. Proof of compliance (performed quality document) with a recognized quality assurance standard, such as ISO 9000, should be submitted with the Tenderer’s tender.

iii. The Tenderer’s Quality Assurance Department Manager shall be responsible to a senior executive only and not be under the control of persons responsible for production.

iv. The Tenderer’s Quality Assurance Manager is regarded as the principal link between the Tenderer and Foskor in all matters affecting quality.

v. The successful Tenderer’s Quality Manager shall have access to the successful Tenderer’s offer document and to all other associated specifications, drawings and documents necessary for the satisfactory execution of the project.


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C.13.2 Quality Control:

i. The successful Tenderer shall produce a Quality Control Plan (QCP) and it shall include all those activities necessary for the control of quality of work.

ii. At each milestone, the designated Foskor Quality Representative must approve the quality and standard of work being produced.

iii. In the event that Foskor did not approve the quality of work being produced, the Tenderer will have to redo work to a standard that is acceptable to Foskor (Pty) Limited. This will be for the Contractor’s account. Foskor will not entertain any claims arising from this.

iv. At each hold and witness point all work shall be suspended until the specified inspection has been completed and the QCP updated and signed accordingly by Foskor or it representative.

v. It shall be the responsibility of the Successful Tenderer to give Foskor timely notice of hold and witness points requiring their intervention.

vi. A detailed QCP shall be submitted within the same time as which the Works Programme (as per Section D) to be submitted.

vii. No work shall commence without the approval of the QCP by Foskor.


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Section D: CONTRACTS WORKS PROGRAMME


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Site Inspection Date As Per Section A

Tender Closing Date As per Section A

Contract Award Date Within 90 days of closing of Tender

Completion of Works/ Final Handover 18-24 months from Contract Award Date

Defects Liability Period Applicable 12 months

Final Handover by 19-25 months from Contract Award Date

Stage Description Milestone* Cumm

Commencement Date Contract Award

0 0

Compliance to requirements and provision of guarantees, warranties, programme etc.

As per contract +14 days 14 days

Stage 1 Confirmation of Foskor needs and Project Definition

Preliminary Design

+ 30 days 30 days

Stage 2 Design Concept + 60 days 90 days

Stage 3 Design Development & Cost estimate

Design and Cost Estimate

+ 90 days 180 days

Approvals by Foskor Internal process 30 days 210 days

Stage 4 Technical/ Tender Documentation and Evaluation

Procurement and

Construction

+ 90 days 300 days

Stage 5 Construction and Management +300 to 420

days 600 to 720

days Stage 6 Close Out or Professional

Services

* calendar days


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Section E: CONTRACT PRICE


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E.1 Form of Tender From Bill of Quantities – if applicable or �� qty x rate = ZAR

1.0 SUB TOTALS:

1.01 Carried forward from BOQ A1

1.02 N/A A2

1.03 N/A A3

Sub Totals Sum (Excluding VAT) A=sum A1+A2+A3

2.0 Minus: Discount offered % of Sub Total A B

3.0 Total Tender Sum (Excluding VAT) C =A+B

4.0 Add: VAT 14% of C D

5.0 Total Tender Sum (Including VAT) E=C+D

5.01 In the event of their being any errors of pricing, extensions or additions in the priced Schedule of Quantities attached, we agree to their being corrected, and the contract amount altered accordingly.

5.02 We further undertake that this tender cannot be withdrawn or retracted for 90 (ninety) days from the closing date or any extended closing date of the tender.

5.03 Notwithstanding that, this tender is submitted by invitation, it is clearly understood and agreed that there is no obligation upon you to accept the lowest or any tender.

5.04 Unless specifically indicated otherwise the tendered prices are fixed and firm for the duration of the contract, and unless specifically indicated otherwise in Section B.2.1 or agreed to in writing 10% Retention will be deducted on all payments and held for the full period of the Defects Liability Period

5.05 Unless and until the formal agreement is prepared and executed, this tender, together with your written acceptance thereof, shall constitute a binding contract between us.

5.06 We the undersigned are willing to contract for, and undertake the work required to be done as described in this document in accordance with the Enquiry Documents to the satisfaction of Foskor and exclusive of Value-added Tax, at the rates detailed in the attached Schedule of Quantities totalling (in words below) or such other sum that may be ascertained in accordance with the Contract.

In Words:

Signed at …………………………………………. on …………………………………….

Signature …………………………………………. ………………………………… For and on behalf of the Tenderer(duly

authorized) As Witness


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E.1.2 Schedule of Prices: Pricing Instructions

1. This Schedule of Prices has been divided into the subsections as per BOQ’s.

2. The Tenderer's attention is drawn to the Conditions of Contract, to the Specifications, and to the Contract Drawings, which are to be read in conjunction with the Schedules of Prices.

3. Measurement shall be made of the finished work from the nett dimensions or weights indicated on the drawings except where otherwise specified and no allowance shall be made for waste. The rates are deemed to include a waste factor.

4. Prices and rates to be inserted in this Schedule of Prices are to be the full inclusive value of the work described under the several items, including all costs and expenses (excluding VAT) which may be required in and for the construction of the work described, together with all general risks, liabilities and obligations set forth or implied in the Documents on which the Tender is to be based. Where special risks, liabilities and obligations cannot be dealt with as above, then the price thereof is to be separately stated.

5. A price or rate is to be entered against each item in the Schedule of Prices regardless of whether quantities are stated or not. Items against which no price is entered are to be considered as being covered by the other prices or rates in the Schedule.

6. Unless specifically noted to the contrary each item in the Schedule of Prices shall include for the supply, transport to site, store and fix in position of all materials required for the completed item including finishings and protective coatings and shall include all labour and plant required to complete the item.

7. The quantities given in this Schedule should not be used for ordering materials. The Contractor shall verify all measurements prior to ordering


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E.1.3 Contract Price Adjustment

If the Total Contract Price as per Section E1 is not firm and fixed for the duration of the contract:

E.1.3.1 Except as provided elsewhere in the Contract, the contract price adjustment factor shall be calculated according to the SEIFSA formula and conditions for Contract Price Adjustment (CPA).

E.1.3.2 The Contractor/Tenderer shall specify the applicable coefficients (proportions) and Index names for calculating the above CPA factor hereunder.

Coefficient Index Name

Fixed : X =

Material : M =

Labour : L = SEIFSA Actual Labour

Other : B =

(X + M + L + B = 1.00)

SIGNATURE DATE

on behalf of

OR

E.1.3.3 The Total Contract Price as per Section E.1.3.1 shall remain firm and fixed for the duration of the Contract and not subject to any variation other than provided for under Section B, Clause 13 of Conditions of Contract.

SIGNATURE DATE

on behalf of


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E.2 Schedule of Labour Rates for the Works

The rates for labour indicated below shall be the Total Cost to the Company (Tenderer). It shall include for all the Tenderer’s profits, overheads, wages, accommodation, travelling, subsistence and other costs relative to the employment by the Tenderer of the personnel detailed, and for hand and portable electric or pneumatic tools and consumables normal to the trade of the respective personnel.

However, it will exclude indirect supervision as same are deemed to be included under the costs relating to the Conditions of Contract i.e. non-productive supervisors are deemed to be included in the rate.

The rates detailed herein shall not be subject to escalation.

The Tenderer’s rates per hour are based on a normal 9 hours per day.

The application and use of these rates shall be at the sole discretion and subject to the prior approval of the Foskor designate representative.

Item No. Category

Rate per Hour in Rands

Normal Overtime Sundays and PPH


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E.3 Schedule of Equipment for the Works

The Tenderer must list below all the items of major equipment, which he guarantees will be provided on site in perfect working order to complete the work. The lists of items of equipment shall provide the Tenderer's warranty of ownership of such equipment unless specifically endorsed in this Annexure to the contrary as "hired" or "hire purchase equipment.”

The rates for Equipment detailed below shall include all overheads, profits, maintenance and running costs including the provision of drivers/operators where necessary.

Tenderer’s rates per day are based on 9 hours per day.

The rates detailed herein shall not be subject to escalation. No payment in respect of standing time shall be paid for items of equipment not listed below.

This Schedule must be accurately completed. Phrases such as "adequate equipment will be provided" will not be accepted. The application and use of these rates shall be at the sole discretion and subject to the prior approval of the Engineer.

Item Description Rate/hr Rate/Day Standing Time/Hour


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E.4 Procurement Mark-up

Where Foskor designated representative requests the Contractor to perform work on a time charge basis, and where procurement and/or attendance and profit on nominated suppliers and/or nominated sub-contractors form part of the work, the "cost plus" percentage detailed below shall apply.

Any claims submitted by the Contractor in respect of such work where procurement and/or attendance and profit on nominated suppliers and/or nominated sub-contractors form part of such work, shall be accompanied by documents showing the direct cost to the Contractor and shall be approved and certified by the Foskor designated representative prior to submission of the invoice to Foskor for payment.

Order value of material / equipment Percentage mark-up

Up to R200.00 %

R201.00 to R1 000.00 %

R1 000.00 to R2 000.00 %

Above R2 000.00 %

The percentage mark-up shown shall include for all inspection (where applicable) expediting and delivery to site.

Value of sub-contract Percentage mark-up

Up to R20 000.00 %

Above R20 000.00 %


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E.5 Schedule of Sub-Contractors/Consultants

The Tenderer must state below the Sub-Contractors/Consultants, if any, that he proposes to employ on the Contract Works.

Note: No guarantee of acceptance of any Sub-Contractors subsequently proposed as part of the Contract is implied by Foskor and the Tenderer is deemed to be responsible for carrying out all this work himself should agreement on the firm(s) proposed, not be reached.

Name and Address of Sub-Contractor Section of the Works


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E.6 Initial Project Programme of Works, Work Methodology and Cash Flow

TO BE SUBMITTED WITH THIS TENDER

The Tenderer shall submit with this Tender:

1 Initial programme (Bar Chart/Gantt Chart - see E.6.1);

2 Milestones (see E.6.2); and

3 Indicative Cash Flow (see E.6.3)

for the Works to be completed in the time allowed

OTHER IMPORTANT NOTES

• The Tenderer is welcome to propose alternatives work methodology or approach to work, that may be of mutual benefit. This would be submitted in the form of an Alternative (clearly marked), however the Tenderer is still to submit a tender in the form required in this tender.

• The Tenderer is to list and motivate any deviations in terms of Commencement Date and/or time allowed and this is subject to approval by the Foskor Engineer.

• It would be expected, in the event of critical work and/or work behind programme/schedule to make up the time and work and complete the work using a shift schedule at no cost to Foskor.

• The Tenderer shall use a Work Breakdown Structure (WBS) to compile the programme, and use MS Projects to compile the programme.


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E.6.1 Initial Programme to be Submitted

The interim and final project completion dates, as indicated in table in Section D should be used as the guideline for the Tenderer to compile the detail project schedule.

After the contract agreement is accepted (by signature of an agreement or issuing an acceptance of Purchase Order) the dates will be fixed and will be applicable when applying the penalty clause as per agreement.

ATTACH GANT CHART AND/OR BAR CHART TO THIS PAGE


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E.6.2 Table with Milestones to be Submitted

Using the critical path items from the programme compile related Milestone Dates. Thus, the items/actions/ activities to be met that is critical towards the completion of the project

WBS ref MILESTONES To be Completed on


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E.6.3 Table with Cash Flow Estimates to be Submitted

Using the initial programme the Tender is to submit an estimated cash flow forecast.

Month/ Period/ Work Progress

Estimated Cash Flow per Month/Period/ Work Progress

Cumulative Cash Flow


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E.7 Schedule of Key Personnel on the Project

The Tenderer shall:

1. Complete schedule E.7. below concerning the Key Personnel on the project, indicating also if the person is employed by the Tenderer, a sub-contractor or temporary employed person.

2. Submit a project organogram showing the relationships and authority.

3. Provide attached to the tender submittal condensed CV’s, and where applicable provide proof of registration in terms relevant regulations

Key Personnel Name and Surname Full/Part Time on site, off-site?

Employed, Sub- Contractor or

Temp?

Years Related

Experience Project Manager / Owner

Site Manager/ Contracts Manager

Quality Assurance and Control

Document Control and Accounts

Safety Officer

Safety Representative

Quantity Surveyor

Structural Engineer

Electrical Engineer

Mechanical Engineer

Geotech Engineer

EIA Specialist

Technician

These persons shall not be substituted without prior consultation with and approval from Foskor.

Failure to submit this information at the time of tender could lead to disqualification of the tender.


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E.8 Schedule of Similar Contracts Undertaken

Please provide a list of work done on contract of which the Scope of Works are similar to the one described in this document

Completed Month, Year Description Client Name Contact Person

& Details Value


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E.9 Site Establishment Request and Information

Site Establishment by the Tenderer for the executing the works described in this Tender is subject to WRITTEN APPROVAL by the Projects Department.

Unless the Scope of Work (Refer to Section C) clearly indicates otherwise, the Tenderer is required to submit a formal request, by completing Table E.9.1 below, Projects Department for consideration.

Notwithstanding any reference to site establishment and pricing for site offices and other relevant time and fix related items in the Bill of Quantities or Schedule attached (if any), the successful Tenderer would not be allowed to establish site on Foskor premises without a written approval by the Projects Department. To this effect, no claims for delay against concerning a delay in site establishment would be accommodated.

Unless otherwise indicated the Preliminary and General Item or Section Contents covered by SANS SABS1200A item 8.1.2 cover the site establishment and de-establishment of the Tenderer.

In the event that site establishment is approved Foskor will at its own discretion allocate a site establishment area, however Foskor can should it deem necessary retract or re-define its approval by giving reasonable notice (depending on the circumstance between 24 hours and 7 days) to the successful Tenderer.

Table E.9.1

Site Establishment / Lay down Area QUESTIONNAIRE Y/N Quantities/ Comments

1. Site Establishment is a contractual requirement? Contract # =

2. The period of site establishment would be for Actual months =

2.1. For the project period only Project period =

3. Site Establishment result in Cost/price benefit ? Percentage = % of Project Costs

4. The supplier will required vehicles on site to execute the project

No off=

5. Would the site be used for:

5.1. Site Office? �

��

� �

��

� �

��

�

5.2. Changeroom/ Ablution Facilities? �

��

� �

��

� �

��

�

5.3. Workshop (light duty)? �

��

� �

��

� �

��

�

5.4. Heavy/light duty works (engineering)? �

��

� �

��

� �

��

�

5.5. Plant and equipment storage? �

��

� �

��

� �

��

�

5.6. Stock/ material storage? �

��

� �

��

� �

��

�

5.7. other: � � � � � �

��

� �

��

� �

��

�

6. Specific layout of site: (length x width – attach dwg)

7. Specific layout of site requires:

7.1. access from Main Gate �

��

� �

��

� �

��

� Frequency? =

7.2. access from Contractors Gate �

��

� �

��

� �

��

� Frequency? =

7.3. total area of more than 25 m2 ( 5m x 5m) �

��

� �

��

� �

��

� Area =

7.4. fencing with vehicle gate and pedestrian gate �

��

� �

��

� �

��

� Area =

7.5. an area with pre-prepared surface (tar, concrete, paved)

�

��

� �

��

� �

��

� Area =

7.6. undercover workshop facilities �

��

� �

��

� �

��

� Area =


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Site Establishment / Lay down Area QUESTIONNAIRE Y/N Quantities/ Comments

7.7. temporary lighting �

��

� �

��

� �

��

�

7.8. other: � � � � � �

��

� �

��

� �

��

�

8. On average the staff employed on site at any given time would be more than

8.1. 10 staff/ sub contractors staff �

��

� �

��

� �

��

� Actual =

8.2. 100 staff/ sub-contractors staff �

��

� �

��

� �

��

� Actual =

9. Facilities and/or resources needed by the Supplier will include:

9.1. Piped raw water �

��

� �

��

� �

��

� KL/ month =

9.2. Piped potable water �

��

� �

��

� �

��

� KL/ month =

9.3. Sewer disposal connection �

��

� �

��

� �

��

� KL/ month =

9.4. Effluent disposal connection �

��

� �

��

� �

��

� KL/ month =

9.5. Oil/ greeze catchpit �

��

� �

��

� �

��

� liter month =

9.6. Waste Disposal bins/skips �

��

� �

��

� �

��

� m3 per month =

no per month =

9.7. Electricity (office equipment) (2 phase) �

��

� �

��

� �

��

� kWatt pm =

9.8. Electricity (Heavy duty) (3 phase) �

��

� �

��

� �

��

� kWatt pm =

9.9. Compressed Air �

��

� �

��

� �

��

� KPa pm =

9.10. Access to Foskor intranet and email network (IT) �

��

� �

��

� �

��

� No off points =

9.11. Communication facilities (telephone/ radio) �

��

� �

��

� �

��

� No off units =

9.12. To use Foskor Storage facilities (Stores) �

��

� �

��

� �

��

� m2 =

9.13. Dedicated Change House facilities �

��

� �

��

� �

��

� No off lockers =

9.14. Access to Toilet facilities YES Dedicated?

9.15. Tea-Room facilities �

��

� �

��

� �

��

� Dedicated?

9.16. Contractors parking area �

��

� �

��

� �

��

� No of bay’s =

9.17. Heavy duty vehicle servicing/ parking facilities �

��

� �

��

� �

��

� No of bay’s =

9.18. Diesel by diesel bowser (mobile or fixed) while on site

�

��

� �

��

� �

��

� Liter =

9.19. Access to Foskor First Aid facilities YES

9.20. Rigging, scaffolding, special access equipment �

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E.10 Contractor OHS Agreement WHEREAS the Employer has entered into a contract and / or Purchase Order with the Mandatary, in terms of which the Mandatary is to perform certain work and services for and on behalf of the Employer, subject to the terms and conditions as contained in such contract and / or Purchase Order. The parties concerned have agreed that in respect of performance of the work the Mandatary shall be responsible for the full compliance with the Occupational Health and Safety Act 85 of 1993 and its regulations. The Employer and Mandatary accordingly enter into this agreement in terms of section 37(2) of the OHS Act, the terms and conditions of which are set out hereunder.

1. DEFINITIONS

1.1 Expressions which denote:

1.1.1 Any gender shall include the other genders;

1.1.2 A natural person shall include a juristic person and vise versa;

1.1.3 The singular shall include the plural and vice versa;

1.2 Agreement shall mean this document containing its terms and conditions as applicable to the parties thereto;

1.3 Employer shall mean the party as described on the cover page of this document;

1.4 Employees shall mean all Employees, servants, contractors, sub-contractors, agents, invitees and the like of the Mandatary;

1.5 Chief Executive Officer shall mean such responsible person as is nominated by the Mandatary, pursuant to the provisions of clause 4 hereunder;

1.6 Mandatary shall mean the party as described on the face of this document;

1.7 OHS Act shall mean the Occupational Health and Safety Act 85 of 1993, as amended, together with all regulations thereto;

1.8 Premises shall mean all such Premises of the Employer, where the Mandatary and the Employees perform work or render a service for and on behalf of the Employer;

2. WARRANTY OF COMPLIANCE

2.1 In terms of this Agreement the Mandatary warrants that he/she has familiarized himself/herself with the working environment and that he/she agrees to the arrangements and procedures, as prescribed by the Employer, and as provided for in terms of Section 37(2) of the OHS Act, for the purposes of compliance with the OHS Act.

2.2 The Mandatary acknowledges that this Agreement constitutes an agreement in terms of Section 37(2) of the OHS Act, whereby all responsibility for health and safety matters relating to the work that the Mandatary and the Employees are to perform on the Premises shall be the obligation of the Mandatary.

2.3 The Mandatary further warrants that he/she and/or the Employees undertake to maintain all necessary compliance with the OHS Act. Without derogating from the generality of the above, or from the provisions of this Agreement, the Mandatary shall ensure that the clauses as hereunder described are at all times adhered to by himself /herself and the Employees.


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2.4 The Mandatary hereby undertakes to ensure that the health and safety of any other person on the Premises is not endangered by the conduct and/or activities of the Employees whilst they are on the Premises.

2.5 Not withstanding the above, the Mandatary confirms that it is familiar with and will comply with the Foskor 10 Safety Rules to Live By, a copy of which is available on request, Induction

2.6 The Mandatary shall also ensure that it complies with all relevant Labour Legislation including the Basic Conditions of Employment Act, the Labour Relations Act and any specific wage determinations specific to your business activity.

3. MANDATARY AN EMPLOYER The Mandatary shall be deemed to be an employer in his own right whilst on the Employer's Premises. In terms of Section 16(1) of the OHS Act, the Mandatary shall accordingly ensure that the requirements of the OHS Act are complied with by himself /herself and/or his/her Chief Executive Officer.

4. APPOINTMENTS AND TRAINING 4.1 The Mandatary shall appoint competent persons as per Section 16(2) of the OHS Act.

Any such appointed person shall be trained on any occupational health and safety matter, and the OHS Act provisions pertinent to the work that is to be performed under their responsibility. Copies of any appointments made by the Mandatary shall be made available to the Employer upon the Employer’s request.

4.2 The Mandatary warrants that he has familiarized himself/herself with the hazards associated with the work being carried out on the premises. The Mandatary shall further ensure that the Employees are trained on the health and safety aspects relating to the work and that they understand the hazards associated with such work being carried out on the Premises. Without derogating form the afore-going, the Mandatary shall, in particular, ensure that all his users or operators of any materials, machinery or equipment are properly trained in the use of such materials, machinery or equipment.

4.3 Notwithstanding the provisions of the above, the Mandatary shall ensure that he/she, his/her appointed responsible persons and Employees are at all times familiar with the provisions of the OHS Act, and that they comply with the provisions.

5. SUPERVISION, DISCIPLINE AND REPORTING

5.1 The Mandatary shall ensure that where applicable all work performed on the Premises is done under strict supervision and that no unsafe or unhealthy work practices are permitted. Discipline regarding health and safety matters shall be strictly enforced against any of his Employees regarding non-compliance by such Employee with any health and safety matter.

5.2 The Mandatary shall further ensure that the Employees report to him/her all unsafe or unhealthy work situations immediately after they become aware of the same, and that he in turn immediately reports these in writing, to the Employer.


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6. ACCESS TO THE OHS-ACT The Mandatary shall ensure that he/she has an updated copy of the OHS Act available at all times, and that this is accessible to his appointed responsible persons and Employees, save that the parties may make arrangements for the Mandatary and his responsible appointed persons to have access to the Employer's copies of the said Act.

7. CO-OPERATION 7.1 The Mandatary and/or its responsible persons and Employees shall provide full co-

operation and information if and when the Employer or his representative inquires into occupational health and safety issues concerning the Mandatary. It is hereby recorded that the Employer and his representative shall at all times be entitled to make such inquiry.

7.2 Without derogating from the generality of the above, the Mandatary and his/her responsible persons shall make available to the Employer and his representative, on request, all and any checklists and inspection registers required to be kept by him/her in respect of any of his materials, machinery or equipment.

8. WORK PROCEDURES 8.1 The Mandatary shall ensure that he/she has safe work practices and procedures in

place.

8.2 The Mandatary may have regard to and apply any applicable procedures, guidelines and other documentation previously used by the Employer as a basis for prescribing the safe work procedures and practices for the Employees, however, the Mandatary shall, at all times, be responsible for ensuring compliance with the OHS Act, including ensuring that it has adequate safe work procedures in place. The Mandatary shall ensure that the Employees are made conversant and comply with the content of the safe work procedures and practices.

8.3 The Mandatary shall ensure that the Employees, prior to the obtaining of such a permit, do not perform work for which a permit is required.

9. HEALTH AND SAFETY MEETINGS If required in terms of the OHS Act, the Mandatary shall establish his/her own heath and safety committee(s), and ensure that the Employees, being the committee members, hold health and safety meetings as often as may be required, and at least once every 3 (three) months. The Mandatary may, if he/she wishes to do so, send a representative to any health and safety committee meetings held by the Employer.

10. COMPENSATION REGISTRATION The Mandatary shall ensure that he/she has a valid registration with the Compensation Commissioner, as required in terms of the Compensation for Occupational Injuries and Diseases Act 130 of 1993, and that all payments owing to the Commissioner are discharged. The Mandatary shall further ensure that the cover shall remain in force whilst any such Employee is present on the Premises.


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11. MEDICAL EXAMINATIONS The Mandatary shall ensure that all the Employees undergo routine medical examinations where these are necessary in terms of the working environment and that they are medically fit for the purposes of the work they are to perform.

12. INCIDENT REPORTING AND INVESTIGATION 12.1 All incidents referred to in Section 24 of the OHS Act shall be reported by the

Mandatary to the Department of Labour and to the Employer. The Employer shall further be provided with copies of any written documentation relating to any incident.

12.2 The Employer retains an interest in the notification of any incident as described, above, as well as in any formal investigation and/or inquiry conducted in terms of Section 32 of the OHS Act into such incident.

13. SUB-CONTRACTORS 13.1 The Mandatary shall notify the Employer of any sub-contractor he/she may wish to

engage to perform work on the Premises. It is hereby recorded that all the terms and provisions contained in this clause shall be equally binding upon the sub-contractor prior to the sub-contractor commencing with the work. Without derogating from the generality of this paragraph:

13.1.1 the Mandatary shall ensure that training as discussed in paragraph 4, above, is provided, prior to the sub-contractor commencing work on the Premises.

13.1.2 the Mandatary shall ensure where applicable that work performed by the sub-contractor is done under strict supervision and discipline, as described in paragraph 5, above.

13.1.3 the Mandatary shall inform the Employer of any health and safety hazard and/or issue that the sub-contractor may have brought to his attention.

13.1.4 the Mandatary shall inform the Employer of any difficulty encountered with regard to compliance by the sub-contractor to any health and safety instruction, procedure and/or legal provision applicable to the work the sub-contractor performs on the Premises.

14. SECURITY AND ACCESS 14.1 The Mandatary and its Employees shall only access and exit the Premises through the

main gate(s) and/or checkpoint(s) designated by the Employer. The Mandatary shall ensure that the Employees observe the security rules of the Employer at all times and shall not permit any person who is not directly associated with the work form entering the Premises.

14.2 The Mandatary and the Employees shall not enter into any area of the Premises which is not directly associated with the work.

14.3 The Mandatary shall ensure that all materials, machinery or equipment brought by it onto the Premises are registered at the main gate (and/or checkpoint)


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A failure to do this may result in a refusal by the Employer to allow the materials, machinery or equipment to be removed from the Premises.

14.4 The Mandatary shall submit to the Employer, for approval, all the names of each proposed Employee prior to such Employee entering the Premises.

15. FIRE PRECAUTIONS AND FACILITIES 15.1 The Mandatary shall ensure that an adequate supply of fire protection and first aid

facilities is provided for the work to be performed on the Premises. The parties may mutually make arrangements for the provision of such facilities, subject to such arrangements being recorded in writing by the parties thereto.

15.2 The Mandatary shall further ensure that the Employees are familiar with fire precautions at the Premises, which include fire alarm signals and emergency exits and those precautions, are adhered to.

16. HYGIENE AND CLEANLINESS The Mandatary shall ensure that the area where the work is performed is at all times maintained to reasonably practicable levels of hygiene and that they maintain the surrounding area of the work site to a reasonably practicable level of cleanliness. In this regard, no loose materials shall be left lying unnecessarily, and the work site shall be cleared of waste materials regularly and on completion of any work performed by the Mandatary and the Employees.

17. NO NUISANCE The Mandatary shall ensure that neither he/she nor the Employees undertake any activity which may cause environmental impairment, nor constitute any form of nuisance to the Employer and/or his surroundings.

18. INTOXICATION NOT ALLOWED No intoxicating substance of any form shall be allowed on the Premises. Any person suspected of being intoxicated shall not be allowed on the site, save that any person required to take medication shall notify the relevant responsible person thereof, as well as the potential side effects of the medication.

19. PERSONAL PROTECTIVE EQUIPMENT The Mandatary shall ensure that his/her responsible persons and the Employees are provided with adequate personal protective equipment (PPE) for the work they may perform, and in accordance with the requirements of General Safety Regulation 2(1) of the OHS Act. The Mandatary shall further ensure that his responsible persons and the Employees wear the PPE issued to them at all relevant times.

20. PLANT, MACHINERY AND EQUIPMENT 20.1 The Mandatary shall ensure that all the plant, machinery, equipment and/or vehicles

he/she may wish to utilize on the Premises is/are at all times of sound order and fit for the purpose for which it is intended, and that it complies with the requirements of Section 10 of the OHS Act.


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20.2 In accordance with the provisions of Section 10(4) of the OHS Act, the Mandatary hereby assumes the liability, for taking the necessary steps to ensure that any article or substance that is erected or installed at the Premises, or manufactured, sold or supplied to or for the Employer, and which the Mandatary uses at work complies with all the prescribed requirements and will be safe and without risks to health when properly used.

21. NO USAGE OF THE EMPLOYER'S EQUIPMENT The Mandatary hereby acknowledges that the Employees shall not be permitted to use any materials, machinery or equipment of the Employer unless the prior written consent of the Employer has been obtained, in which case, the Mandatary shall ensure that only those persons authorized to make use of the same, have access thereto.

22. TRANSPORT 22.1 The Mandatary shall ensure that all road vehicles used on the Premises are in a

roadworthy condition, are licensed and insured. All drivers shall have relevant valid driving licences and no vehicle shall carry passengers unless it is specifically designed to do so. All drivers shall adhere to the speed limits and road signs on the Premises.

22.2 In the event that any hazardous substances are to be transported on the Premises, the Mandatary shall ensure that the requirements of the Hazardous Chemical Substances Act 15 of 1973 are complied with at all times.

23. INDEMNITY BY MANDATARY Notwithstanding the provisions of this Agreement, or any other contractual relationship as between the Employer and the Mandatary:

23.1 The Employer shall not be responsible for any loss, damage, injury or death, howsoever caused, to the Mandatary or to the Employees, and the Mandatary hereby indemnifies the Employer and holds the Employer harmless against all and any claims, losses, demands, liability, costs and expenses of whatsoever nature, which the Employer may, at any time sustain or incur arising out of the circumstances referred to herein; provided that such loss, damage, injury or death is not caused by the willful action or omission or gross negligence of the Employer.

23.2 The Mandatary hereby assumes liability for any loss or damage which is caused by the Mandatary's negligence, or through the negligence of any of the Employees, and the Mandatary hereby indemnifies the Employer for such loss or damage, whether caused by the Mandatary's breach of any of the terms of this Agreement, or by delict.

23.3 The Mandatary in pursuance of clause 23, undertakes to ensure that he carries the appropriate insurance cover, including third party public liability cover, the details of which shall be furnished to the Employer on demand by the Employer.

24. CLARIFICATION In the event that the Mandatary requires clarification of any of the terms or provisions of this Agreement, it should contact the appropriate and designated representative of the Employer, whose clarification in terms hereof must be in writing.


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25. DURATION OF AGREEMENT This Agreement shall remain in force for any work performed by the Mandatary and / or any of the Employees for the Employer.

26. HEADINGS The headings as contained in this Agreement are for reference purposes only, and shall not be construed as having any interpretative value in themselves, nor any indication as to the meaning of the contents of the paragraphs contained in this Agreement.

SIGNED AT __________________ ON THE ____ DAY OF ____________YEAR______ Name: ________________________ Signature: __________________________ PRINT NAME for and on behalf of THE EMPLOYER he being duly authorised SIGNED AT __________________ ON THE ____ DAY OF ____________YEAR______ Name: __________________________Signature:____________________________ PRINT NAME for and on behalf of THE MANDATARY he being duly authorised NOTE: Please ensure that each person signing for and on behalf of the Employer and the Mandatary initials all pages.


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E.11 SHREQ Questionnaire

E.11.1 Questionnaire at Time of Tender

The Contractor is required to complete the questionnaire hereunder at the time of tendering.

RESPONSE (Tick Appropriate Block)

ITEM YES NO COMMENTS

1 SAFETY POLICY AND ORGANISATION

(a) Does your Company have a written Health, Safety and Environmental Policy? (Please supply proof)

(b) Is the Health, Safety and Environmental Policy:

clear on stated objectives?

communicated and understood by employees?

signed by the Chief Executive?

displayed in all work areas?

(c) Does your company have a HSE (Health, Safety and Environmental) Department or a HSE Officer who does site inspections? (Please supply proof)

(d) Does your Company maintain an official HSE system?

(e) What is the programme called? (Please supply proof)

2 PROCEDURES

(a) Does your company have a HSE Manual? (Please supply proof)

(b1) Do you have written Safe Work procedures and instructions covering for example, scaffolding, lifting equipment, etc. (Please supply proof)

(b2) Does your company have procedures on the handling of hazardous substances, spillage clean up / prevention, i.e. fuel; oil; diesel and chemicals? (Please supply proof)

(c) Is all your working equipment listed and covered by an inspection register system? (Please supply proof)

(d) Do you have a system for obtaining and implementing your client’s minimum Health, Safety and Environmental requirements? (Please supply proof)

(e) Do you have a programme for the conduct of Health, Safety and Environmental audits and regular inspection of plant, equipment and operations? (Please supply proof)

(f) Do you have duty statements for all positions? (Please supply proof)


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(g) Do they define Health, Safety and Environmental responsibilities?

(h) Are employees conversant with their duty of care responsibility?

(i) Are Health, Safety and Environmental issues take into account when equipment is purchased?

(j) Do you have a list of critical tasks? Have you documented proof of competency of your employees? (Please supply proof)

3 HEALTH AND SAFETY TRAINING

(a) Are all your employees and sub contractors subjected to Health, Safety and Environmental orientation training?

(b) Are your Supervisor and Managers subjected to formal Health, Safety and Environmental Training?

(c) How do you test competency levels of employees? (Please supply proof)

(d) Do you have a site specific Induction Training Programme in place? (Please supply proof)

4 ACCIDENT/INCIDENT RECORDS

(a) Does your Company have a formal investigation procedure for accidents/incidents? (Please supply proof)

(b) Does your Company have records of investigations for all accidents/incidents, which occurred over the past 3 years?

(c) Please supply the following for the past 3 years:

Fatality - Fatality rates

Reportable injury rates(a)

Lost time injury rates

Environmental incidents, i.e. spillage, contamination of soil, water and air

(d) What is your company’s latest Workman’s Compensation assessment rate?

5 SAFETY AND HEALTH COMMUNICATION (AWARENESS) /CONSULTATION

(a) Does your Company hold regular HSE meetings? (Please supply proof)

(b) Is information from the HSE meeting conveyed to employees? Are employees represented to these meetings?


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(c) Does your Company appoint Health, Safety and Environmental Stewards on all its sites and are they formally trained? (Please supply proof)

(d) Does your company organize HSE campaigns to encourage safe working and environmental friendly practices?

6 SUB-CONTRACTORS

(a) Do you have procedures in place to control any sub-contractors employed by your company? (Please supply proof)

(b) How are sub-contractors forced to comply with your HSE Standards?

(c) Do you have a system in place to inform your client of who your sub-contractors are? (Please supply proof)

7 RESPONSIBILITIES

(a) Who will be your person who will be appointed to take overall responsibility for the contract? (Mention name)

(b) Who will be your person who will be appointed to take over continuous supervision on the site? (Mention name)

(c) Will you comply with all other legal appointments in terms of the Occupation Health and Safety Act? (First Aider, Scaffolds, etc). (Please supply proof)

(d) Are minutes kept of HSE committee meetings? (Please supply example)

(e) Do you consult/communicate with your employees on:

Safety and health related issues

Safety and health related procedures

Good Environmental practice, (Prevention of pollution)

8 HAZARD/RISK MANAGEMENT

(a1) Do you have a documented Risk Assessment program? (Please supply proof)

(a2) Do you have a documented Environmental Aspect and Impact register? (Please supply proof)

(b) How often is the process reviewed?

(c) Procedure used for Risk Assessment and Impact Identification (Please supply example)

(d) Is a hazardous materials management system in place?


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(e) Do you ensure compliance to regulatory requirements with regards to occupational hygiene?

(f) To what extend Is your company aware of the relevant Environmental Legislation? (National Water Act; Environmental Management Act; Hazardous Substances Act and Environmental Conservation Act) (Please Comment)

9 CRIMINAL SANCTIONS AND PREVIOUS PROSECUTIONS – SPECIFY

10. PERSONAL PROTECTIVE EQUIPMENT

(a) What are your minimum requirements as per OSH Act regarding Personal Protective Equipment? (Please supply proof)

11 REFERENCES

(a) Include list of references/previous contracts

12 EMERGENCY PLANNING AND RESPONSE; MEDICAL TREATMENT AND REHABILITATION

(a) Are trained first aiders available at all times?

(b) Is a procedure available for treatment of injured personnel? (Please supply proof)

(c) Is there documented procedure for the rehabilitation and return to work of injured personnel? (Please supply proof)

(d) Is a substance abuse procedure in place? (Please supply proof)

(e) Is there documented procedure for the rehabilitation and return to work of injured personnel? (Please supply proof)


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E.11.2 Questionnaire to be used during execution of project

The following checklist should be used at all times on site during the execution phase of the Contract.

ITEM SUBJECT YES NO N/A

1 PRELIMINARY REQUIREMENTS

A Have all persons on site been badged?

B Have all persons been inducted?

C Proof of a copy of the OHS Act available on site?

2 APPOINTMENTS

Have the following appointments been made?

A Chief Executive Officer 16 (1)

B Executive Officer Assistant 16 (2)

C Construction Sup. CR 6 (1) Assistant Constr. Sup. CR 6 (2)

D Construction Safety Representative

E First Aider GSR 3 (4) (Proof of training to be made available on file)

F Health and Safety Representative 17 (1)

G Safety Committee Member 19 (1)

H Safety Committee Chairman 19 (1)

I Person Responsible for Machinery GMR 2 (1)

J Designation Installation Electrical EMR 9 (1)

K Portable Electrical Equipment Inspector EMR 9 (4)

L Ladder Inspector GSR 12 (a)

M Lifting Machinery Inspector DMR 18 (6)

N Lifting Tackle Inspector DMR 18 (6)

O Scaffolding Inspector CR14

P Excavation Inspector CR26 (a)

Q Stacking & Storage Supervisor CR26 (a)

R Competent Person Fall Protection Plan CR 8 (a)

S Accident / Incident Investigator GAR 8 (2)

T Supervisor’s Appointment 8 (2) i

3 REGISTERS

Are the following Registers available and up to date?

A Portable Electrical Registers available and up to date? (Three monthly check)

B Lifting machinery Register

C Lifting Tackle Register

D Ladder Register

E Scaffolding Register


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F Pneumatic Register

G Safety harness Register - Proof of training

H Fire Equipment Register

I Hand Tool Register

J Excavation Inspector’s Register

K PPE Register (with signatures of employees as proof of issue)

L Vehicle Inspection Register (Daily)

4 ADMINISTRATION

Are the following documents in place?

A Health and Safety Policy / Mission Statement

B Safety Plan / Fire Prevention Plan / Fall Protection Plan (Risk Assessment pertaining to job)

C List of contact and emergency telephone numbers

D Letter of Good Standing in terms of section 80 of COID Act

E Letter of Good Standing in terms of section 29 of UIF Act

F List of Vehicles with drivers name and proof of license

G Organo gram of Organization

H Emergency evacuation procedure

I Notification of construction work

5 HEALTH AND SAFETY REPRESENTATIVES

A Have Health and Safety Reps been elected and appointed?

B Have Health and Safety Reps been trained?

C Have Health and Safety Reps meeting been held in accordance with the OHS Act? (FREQUENCY)

D Have minutes been taken of all meetings?

E Are monthly inspections carried out and signed off?

F Do Health and Safety Reps play an active part in all incidents investigations?

G Are all employees aware of exactly who the Health and Safety Reps and Chairman Are?

6 PERSONAL PROTECTIVE EQUIPMENT

A Do you have adequate stock of PPE on site?

B Employees trained in the use of their PPE?

C Is the PPE being worn and in good condition?

7 ELECTRICAL EQUIPMENT / FACILITIES

A Is all equipment clearly identified?


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B Are electrical cords secured and in good condition?

C Are guards secured and in good condition?

D Are all systems lockable?

E Are applicable symbolic signs displayed?

F Is lock out procedures being used?

G Is portable electrical equipment in good condition?

H Is all portable electrical equipment registered?

8 GAS BOTTLES / EQUIPMENT

Are gas cylinders / equipment:

A Checked daily for leaks

B Properly secured when in use

C Properly stored and secured when not in use

D Fitted with flashback arrestors

E Fitted with approved hose clips

F Properly transported

9 FIRST AID FACILITIES

A Are First Aid boxes supplied and equipped in accordance with GSR 3?

B Are all First Aiders trained and certified?

C Is the workforce aware of whom the first aiders are?

D Is the workplace aware of the location of the First Aid Box?

10 FIRE FIGHTING EQUIPMENT

A Is adequate fire fighting equipment available?

B Is all fire fighting equipment correctly stored and sighted?

C Has all fire fighting equipment been tested?

12 SITE ESTABLISHMENT

A Is the Contractor Yard fenced off and in good condition?

B Are access roads maintained in good condition?

C Are gates lockable?

D Are buildings of sound structure?

E Are buildings kept in good condition?

F Is ventilation sufficient?

G Is light sufficient?

H Are sufficient toilets available?

I Are toilets hygienic and kept in good condition?

J Are correct stacking procedures being used?

K Is the flammable area sufficiently fenced off?


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L Is the flammable store room of the correct design?

M Are flammable materials correctly stored?

13 MANAGEMENT SYSTEMS

A Are Toolbox talks held at least weekly?

B Do employees sign as having understood the toolbox talks they have been given?

C Have you got a written safe working procedure?

D Are employees trained on Safe Working Procedures?

E Is a risk assessment in place pertaining to job?

DATE RECEIVED SAFETY

OFFICER SIGNATURE CONTRACTOR

NAME CONTRACTOR

SIGNATURE

Comments:

..............................................................................................................................................

..............................................................................................................................................

..............................................................................................................................................

..............................................................................................................................................

ITEM DEVIATION DATE SIGNATURE

Final Accepted: ________/_______/20__


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Section F– PROFORMA DOCUMENTS

F.1 Form of Performance Security

F.2. Declaration of Insurance (Pro Froma)

F.3. Form of Responsibility for Safety

F.4 Site Variation Request Process

F.5 Site Variation Form

F.6 Record of Information

F.7 Taking-Over Certificate

F.8 Contract Status Evaluation Report

F.9 Internal Taking Over Form

F.10 Performance Certificate

F.11 Final Inspection Report


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F.1 Form of Performance Security

Whereas Foskor (Pty) Ltd

(hereinafter called "the Employer")

has awarded Contract No. FT ……./......../…….. (hereinafter called the "Contract")

to [T.B.A.]

(hereinafter called "the Contractor")

We, the undersigned

……………………………………………..and………………………………………….

(Name) (Name)

acting herein as

……………………………………………..and………………………………………….

(Position) (Position)

of…………………………………………………………………………………………..

(hereinafter called the "Bank")

and being duly authorised to sign and incur obligations in the name of the Bank under and in terms of a Resolution of the Board of Directors of the Bank, hereby irrevocably and unconditionally guarantee and undertake on behalf of the Bank that:

1 The Bank shall pay without delay on the first written demand of the Employer and without proof of any breach of contract or other breach by the Contractor other than the certificate specified below, amounts not exceeding the following aggregate amount:

R……………………..............................................................................................................

..............................................................................................................................................

(Amount in words) representing 10% of Contract Price, and shall make payment to the Employer upon receipt by the Bank of a Certificate signed by the Employer certifying that the Contractor, in the opinion of the Employer as at the date of issue of such Certificate, is in breach of its obligations under the Contract

2 The demand for payment together with the abovementioned Certificate and with this bond shall constitute prima facie proof of the Bank's indebtedness hereunder for the purposes of any proceedings including but not limited to provisional sentence proceedings instituted against the Bank in any court of law having jurisdiction.


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3 Neither the failure of the Employer to enforce strict or substantial compliance by the Contractor with its obligations nor any act, conduct or omission by the Employer prejudicial to the interests of the Bank will discharge the Bank from liability under this bond.

4 This bond shall:

4.1 automatically come into full force and effect from the date of issue;

4.2 automatically expire, whether or not returned to the Bank at the earlier of:

4.2.1 the date of issue of the Performance Certificate (as defined in the Contract) by the Engineer in accordance with the Contract; or

4.2.2 90 calendar days after the date of termination of the Contract pursuant to the Contract, as certified in writing to the Bank by the Employer;

4.3 exist independently of the Contract or any amendment, variation or novation thereof;

4.4 not be ceded or assigned by the Employer, or otherwise dealt with in any manner whatsoever than with the previous consent of the Contractor.

4.5 be governed by the Laws of the Republic of South Africa.

SIGNED ON THIS…………………. DAY OF……………………………………………20.....

AT……………………………………………………………………………… (Place)

……………………………………. ………………………………………..

SIGNATURE SIGNATURE

AS WITNESSES

1) …………………………………

2)………………………………….


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F.2. Declaration of Insurance (Pro Forma)

I/We hereby declare that the Insurance Policies enumerated below have been effected by me / us in accordance with the Conditions of Contract applicable to Contract

FT ……./......../……..

Cover Effected Insurer Policy Number Expiry Date

Compensation for Occupational Injuries (COID)

Employer’s Liability

Motor Liability

Plant “All Risk”

Supplementary Insurance

Copies of the above-mentioned policies are attached.

In respect of Compensation for Occupational Injuries, a copy of the current receipt is attached.

For and on Behalf of the Company _______________________________

_______________________________

Official Capacity _______________________________


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F.3. Form of Responsibility for Safety

Dear Sir

In terms of the Occupational Health and Safety Act and to implement the owners vested in me thereby, you are hereby appointed the responsible person in charge of the operations covered by the scope of the contract, between your company:

and

FOSKOR (PTY) LTD

By virtue of this appointment you will be responsible to:

You will assist in ensuring safety and proper discipline, as well as the observance of the Regulations by all persons employed on the said Contract. It will be part of your duty to ensure that the necessary safety equipment required is available at all times, while safety standards defined in the Construction Safety Manual must be observed at all times

You will further carry out any instructions given to you in the interest of safety, by the Engineer appointed in terms of the Occupational Health and Safety Act or his authorised deputy. You must ensure that no electrical equipment is installed or used prior to the examination and approval thereof by the Engineer or his authorised deputy.

Your appointment dates from ______________

Yours faithfully

__________________________

ENGINEER

I hereby accept the above appointment and acknowledge having received a copy of this letter

__________________________ _____________

PERSON ACCEPTING DATE

RESPONSIBILITY FOR SAFETY


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F.4 Site Variation Request Process Proposed

1 Employer /

Initiate Contractor / Engineer

2 Contractor Price

3 Engineer Check

Accept Employer

Variation Value

Less than

R 100 000.00 But cumulative equal or less than approved Contingency Amount

Contractor Execute Work

5 Engineer / Verify Cost

Initiate VO Quantity Surveyor (Can be indepent)

6 Employer Duly Appointed Rep

Approve VO

7

Contractor (if within approved Contingency) /

Prepare Order Employer Procurement Dept (if exceeding approved Contingency)

8

Contractor and Employer (if within approved Contingency)/

Approve Order Employer (if exceeding approved Contingency)

9 Procure either by Contractor/ Employer (Dependant on Contingency value/ Approval/ Contract Terms)

Place Order

10 Contractor

��

��

��

��

��

��

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F.5 Site Variation Form

REF:

VARIATION ORDER

NO.

DATE:

1. PROJECT NO:

2. CONTRACT NO:

3. CONTRACTOR:

4. VARIATION: VALUE

This Variation is not subject to retention.

TOTAL R

5. WBS ELEMENT:

6. OTHER TERMS AND CONDITIONS:

Excepting for the variation(s) enumerated in 4 above, the terms and conditions remain as per contract, especially as regards the Time for Completion and any guarantee provisions of the Contract.

7. ACCEPTANCE:

DATE: DATE:

DATE: DATE:

FOR FOSKOR (PTY) LTD FOR CONTRACTOR

Please tick

ORIGINAL – Foskor (Pty) Ltd �� COPY – CONTRACTOR ��


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F.6 Record of Information

REF:

No.

RECORD OF INFORMATION

DATE:

1. Contract No.

2. Contractor:

3. Information:

4. ESTIMATED COMPLETION DATE

5. ESTIMATED VALUE R

All terms and conditions remain as per Contract.

A quotation must be forwarded to the Foskor within 3 working days for work, additional to the Contract.

Time sheets for day work, approved by the Foskor Duly Appointed Representative, must be signed off by the next shift.

ISSUED BY: RECEIVED BY:

DATE: DATE:

Please tick

ORIGINAL – Foskor (Pty) Ltd �� COPY 1 – CONTRACTOR �� COPY 2 – QS ��


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F.7 Taking-Over Certificate

REF:

TAKING OVER CERTIFICATE

CERTIFICATE NO.

1. CONTRACT TITLE

2, CONTRACT NO.

3. CONTRACTOR

4. ACCEPTED ITEMS

5. ACCEPTANCE The Engineer

hereby declares that the above accepted items of this contract has been commissioned and is functional according to Contract. Take Over is therefore recommended.

SUPERINTENDENT PROJECTS DATE

THE FOLLOWING DULY AUTHORISED PERSON ACCEPTS THE CONTRACT

TAKE OVER DATE

MANAGER ENGINEERING SERVICES

Date of maintenance period

The Take Over date given above will only be valid if the Contractor completes the incomplete work listed under 6 above by the dates specified, failing which Take Over will be deemed not to have taken place. The valid Take Over date shall be the commencement date of the Defects Notification Period.


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F.8 Contract Status Evaluation Report

CONTRACT STATUS EVALUATION REPORT

REPORT NO

DATE:

1. CONTRACT TITLE

2. CONTRACT NO.

3. CONTRACTOR

4. STATUS REPORT

MINOR DEFECTS DUE COMPLETION DATE


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MINOR DEFECTS DUE COMPLETION DATE

5. PROJECTS

PRINT NAME DESIGNATION SIGNATURE

6. CONTRACTOR


7. PRODUCTION


8. ENGINEER


9. OTHER



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F.9 Internal Taking Over Form

INTERNAL TAKING OVER

CERTIFICATE NO

DATE:

1. CONTRACT TITLE

2. CONTRACT NO.

3. CONTRACTOR

4. ACCEPTED ITEMS

Equipment:

Documentation:

5. ACCEPTANCE

THE FOLLOWING DULY AUTHORISED PERSONS ACCEPT THE CONTRACT

DATE

ENGINEER

SUPERINTENDENT PROJECTS

MANAGER

DURATION OF DEFECTS NOTIFICATION PERIOD months


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F.10 Performance Certificate

REF:

PERFORMANCE CERTIFICATE

CERTIFICATE NO

1. CONTRACT TITLE

2. CONTRACT NO.

3. CONTRACTOR

4. ACCEPTED ITEMS

5. ACCEPTANCE (Engineer)

hereby declares that this contract is now complete and issue of the Performance Certificate is recommended.

SUPERINTENDENT PROJECTS DATE

THE FOLLOWING DULY AUTHORISED PERSON ACCEPTS THE CONTRACT

DATE OF PERFORMANCE CERTIFICATE

MANAGER ENGINEERING SERVICES


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F.11 Final Inspection Report

REF:

FINAL INSPECTION REPORT

REPORT NO

1. CONTRACT TITLE

2. CONTRACT NO.

3. CONTRACTOR

4. ACCEPTED ITEMS

5.

THE FOLLOWING DULY AUTHORISED PERSONS ACCEPT THE CONTRACT

INSPECTION DATE

ENGINEER

MANAGER

SUPERINTENDENT PROJECTS


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Section G – BILL OF QUANTITY/ SCHEDULE –

APPLICABLE The work executed under this Contract has been measured in accordance with the sixth (6th) edition of the

“Standard System of Measuring Building Work”, including all amendments unless descriptions of items

indicate a deviation and it shall be understood that the system of measurement which is herein adopted is

the only system of measurement which will be recognised in connection with this contract.


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FT297/11/MN NEW ROCK STORE AT PORTIONS 55 & 56 FOR FOSKOR PTY LTD PART 1

Stage STAGE 1 TO 3 (FIXED AND FIRM FEES) UNIT Qty: RATE: Section Totals

As defined in Section C.

1 Need Appraisal and Definition of Project Sum 1.00 R

2 Design Concept Sum 1.00 R

3 Design Development & Cost Estimate Sum 1.00 R

Disb. DISBURSEMENTS: Other Costs associated with Design Development R

Per item 1. Printing, copying, travel, etc Sum 1.00

2. Survey Sum 1.00

3. Liaisoning with authorities Sum 1.00

4. Testing via Lab Sum 1.00

5. Specialist input : Geotechnical Sum 1.00

6. Other (please define): Sum 1.00

7. Other (please define): Sum 1.00

Cont. CONTINGINCY ALLOWANCE % 10% x Total Stage 1 to 3= R

SUB TOTAL STAGE 1 – 3,

Including Disbursements and Contingencies, but excluding VAT

R


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FT297/11/MN NEW ROCK STORE AT PORTIONS 55 & 56 FOR FOSKOR PTY LTD PART 2

Stage STAGE 4 TO 6 (% FEE) UNIT QTY RATE:

4-6 Procurement, Construction, Management & Close-out

Table 4.1

As defined in Section C COST PLUS FIXED FEE PERCENTAGE ON TOTAL INSTALLED COST All inclusive costs, but excluded VAT. The Tenderer is required to provide percentages for every scale

Exceeds But does not exceeds Unit Rate

1 R 50,000 000 R 100,000 000 %

2 R 101,000 000 R 150,000 000 %

3 R 151,000 000 R 200,000 000 %

4 R 201,000 000 R 250,000 000 %

5 R 251,000 000 R 300,000,000 %

6 R 300,000,000 unlimited %

BREAKDOWN OF FIXED FEE PERCENTAGE

Table 4.2

The FIXED FEE PERCENTAGE provide above will consist of the following elements All inclusive costs, but excluded VAT. The Tenderer is required to provide allocation factor to make up the above percentage.

FACTOR 1. Head Office/ JV Overheads factor x

2. Construction Manager factor x FIXED

3. Professional Engineer(s) for all disciplines factor x FEE

4. Quantity Surveyor (Cost Control) factor x PER-

5. Full Time Supervision factor x CENTAGE

6. Quality factor x

7. Safety factor x

8. Cost of Money (insurances, overdraft, surety, etc) factor x Table 4.1

9. Disbursements factor x

10. Profit factor x

11. Other (please define): factor x

12. Other (please define): factor x

TOTAL= 1.000

Cont. CONTINGENCY ALLOWANCE % 5.0

SUB TOTAL STAGE 4 – 6,

Including Disbursements and Contingencies

R N/A


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FT297/11/MN NEW ROCK STORE AT PORTIONS 55 & 56 FOR FOSKOR PTY LTD

SUMMARY

Forwarded from Bill

Stage 1 – 3 : FIXED SUM R

Stage 4 - 6 : COST PLUS PERCENTAGE (with breakdown provided) % As per

scale

Notes: TENDERSUMMARY

Sub Total

Vat

TOTAL:

Tender Signature and Company Stamp:


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Section H – DRAWINGS –: Attached


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Section I – Other Information

I.1 Geotechnical Report (if applicable)

I.2. Product Specifications (if applicable)

I.3.