1457E1 Civil Enquiry C002B Rev 01 NN Comments

ENQUIRY FOR
Civil Works Contract
FOR
Hamdah Gold Project 1457E1
issued by
MDM Technical Africa (Pty) Ltd
for
ENQUIRY NUMBER 1457E1 - C002B
TENDER REVISION 0001
REVISION DATE -
ISSUE DATE OF ENQUIRY 27 February 2017
SITE VISIT DATE -
CLOSING DATE FOR SUBMISSION 13 19 March 2017
Hamdah Gold Project 1457E1 C002B Civil Works Enquiry REVISION A Page 1 of 44
TABLE OF CONTENTS
1. INVITATION TO TENDER
2. INSTRUCTIONS TO TENDERERS
3. INDICATIVE TERMS AND CONDITIONS

3.1 Contract Agreement
3.2 General Conditions of Contract
3.3 Particular Conditions of Contract
3.4 Appendix to Tender
4. EMPLOYERS REQUIREMENTS:
4.1 General Package Documents
4.2 General Engineering Documents
4.3 Specific Engineering Documents
4.4 Drawings
5. FORM OF TENDER
5.1 Annexure A: Qualification by Tenderers
5.2 Annexure B: Prescribed Completion dates
5.3 Annexure C: Daywork Schedule Labour rates
5.4 Annexure D: Daywork schedule Material
5.5 Annexure E: Schedule of Contractors equipment
5.6 Annexure F: Schedule of Subcontractors
5.7 Annexure G: Site Inspection Certificate
5.8 Annexure H: Organisation Chart
6. GUARANTEE(s)
6.1 Pro Forma Performance Advance Payment Guarantee (s)
6.2 Pro Forma Retention Guarantee (s)
6.3 Pro Forma Payment Guarantee
SECTION 1
INVITATION TO TENDER
1. You are invited to tender for the supply of all labour, materials, construction plant and
whatever else that may be necessary for the execution of the subject works at the site, as
per the detailed scope of work as detailed in this Enquiry, specifically Section 4.
2. The Tenderer must ensure that his offer is made in the form required by this Enquiry, both
with regard to pricing and in compliance with the Enquiry documentation.
3. The Enquiry documentation comprises this Invitation to Tender together with the
documents listed under the Master Table of Contents.
4. The attention of the Tenderer is directed to the following: -
4.1. Should there be any discrepancy between the prices furnished by the Tenderer in
the prescribed Schedules of Quantities and those stated in any accompanying
letter or document, the prices in the prescribed summary of the Schedule of
Quantities and Form of Tender shall prevail.
4.2. Tenders shall remain valid for acceptance by the 'Employer' for a period of SIXTY
(60) days from the closing date of this Enquiry, during which time the Tenderer
agrees not to withdraw or derogate from or impair the effect of his tender.
4.3. Tenders which omit any of the information requested may be disqualified.
4.4. No tender, whether sent through the post or delivered by hand, will be considered
unless received by the closing time and date.
4.5. NO EXTENSION OF TIME for submission of tenders will be considered by the
Employer.
4.6. The submission of a tender shall signify complete acceptance of the conditions
contained in the Invitation to Tender and the documentation listed under the Master
Table of Contents.
4.7. The Tenderer may qualify any of the said conditions provided that any
qualifications are submitted in writing and accompany the tender. Such
qualifications shall be deemed to have been accepted, only if embodied in the
official contract placed as a result of this Enquiry.
4.8. The tender documents must not be separated in any way nor may any pages be
detached from the original documents.
4.9. The Form of Agreement and the Pro Forma Guarantees are not to be completed at
the time of tendering. Tenderers are to note the wording of the Pro Forma
Guarantees, as no deviation therefor will be accepted.
4.10. Confidentiality: No information to be communicated to third parties.
5. Submission of Tender
The Enquiry document is to be completed in accordance with the Instructions to Tenderers
and submitted in hard copy.
Tenders shall be submitted in plain sealed covers, marked as follows:
"TENDER FOR ENQUIRY NO. 1457E1 C002B
FOR ATTENTION: THE PROJECT MANAGER."
Alternatively, by email, to the designated project manager as noted herein.
6. Tender Queries
All queries regarding this Invitation to Tender shall be directed to:
a) Primary Contact:
Nathan Miles (Buyer), MDM Technical Africa (Pty) Ltd
Tel: +27 11 840 7300
Direct Tel: +27 11 840 7479
Email: nathan.miles@amecfw.com
Web: www.amecfw.com
b) Alternate Contact
Jacques Maartens (Project Manager), MDM Technical Africa (Pty) Ltd
Tel: +27 11 840 7300
Direct Tel: +27 11 840 7311
Cell: +27 83 282 1854
Email: Jacques.maartens@amecfw.com
Web: www.amecfw.com
Unless authorised by the Project Manager, the Tenderer shall not have any contact with any
other project personnel regarding this Enquiry.
The question and the answer to a query by one Tenderer will be provided in writing to all the
other tenderers in writing. The originators of questions will remain anonymous.
7. Joint Ventures
Should a Tenderer find it necessary to form an association, consortium, or any other form of
co-operation with another company for the purpose of submitting a tender against this
Enquiry, it is a requirement that prior approval be obtained from the Project Manager before
proceeding with such arrangements.
8. Tender Submission
Tenders to be delivered before 12 noon on the closing date shown on the first page of this
Invitation.
TO: TENDER BOX

Attention: 1457E1 C002B: Civil works
Nathan Miles (Hamdah Gold Project 1457E1)
Amec Foster Wheeler (PTY) LTD
Building number 2, Silver Stream Business Park,
10 Muswell Road South,
Bryanston, 2021
South Africa
SECTION 2
INSTRUCTIONS TO TENDERERS
1. CONTENT OF TENDER
1.1. The Tenderer shall state in his tender what items, if any, of the supply or work
offered by the Tenderer are proposed to be furnished or done by others as
subcontractors to or for the Tenderer. The Tenderer shall be required to name and to
receive approval for all subcontractors specified in the Form of Tender.
1.2. MDM Engineering reserves the unconditional right to reject any or all proposals, to
waive irregularities therein and at its absolute discretion to accept any particular
tender submitted even though the price or completion date or both specified therein
may not be as favourable as in some other tender.
2. QUOTATIONS
Tenderers shall quote for all the items in the Schedules of Quantities and the summary of
these quantities in the prescribed forms and the prices shall allow for all labour, material,
workmanship, construction Plant, Temporary Works and everything necessary for the
execution and full completion of the Contract in accordance with the documents and
specifications which form part of this enquiry. The tender documents and all forms and
annexures thereto must be completed, in ink.
3. COMMUNICATIONS AND CONTACT

3.1. Apart from the instructions given in the Invitation, all correspondence and
communication of whatever form shall be in 1 original and 1 copy, complete with all
attachments, and shall be addressed to Amec Foster Wheeler (Pty) Ltd, Building
number 2, Silver Stream business park, 10 Muswell Road South, Bryanston,
Gauteng, 2021, South Africa.
3.2. All tenders and any subsequent correspondence are to be clearly identified by the
reference given herein.
3.3. The Tenderer is requested to sign for receipt of the documents at the time of
collection and confirm within 5 days his ability to tender and meet the closing date.
Companies who are unable to quote are requested to return the tender documents
within 2 days stating reason therefore. Any application for extension of time shall be
submitted in terms of Clause 4.5 of the Invitation to Tender.
4. CONDITIONS OF CONTRACT
Any contract awarded to the successful Tenderer shall be governed by and be subject to all
the enquiry documentation and in particular to the General and Particular Conditions of
Contract. Any contract will be the subject of a formal contract document duly signed by the
parties thereto.
5. RESERVATION OF OWNERSHIP
All drawings and specifications issued with the Invitation to Tender remain the property of
MDM Technical Africa (Pty) Ltd and must be returned as instructed in the Invitation to
Tender.
6. VALIDITY TO TENDERS
Tenders shall be valid and firm for the period specified in the Invitation to Tender. The
Employer reserves the right to claim damages in respect of any cost incurred by it resulting
from the withdrawal of a tender or upon the Tenderer's failure to take up the Contract or to
provide sureties when called upon to do so.
7. ACCEPTANCE
Only written acceptance of the tender by the Employer shall be valid. The Employer and its
agents will not be responsible for any or pay expenses or losses which the Tenderer may
incur in the preparation and submission of his tender.
8. ADJUDICATION
It may be necessary for MDM Engineering to call upon the Tenderer to make himself
available at short notice during the tender adjudication period for the purpose of:
1. Providing any further information relative to the work as may be required,
2. Providing any further clarification of the contractual aspects relating to the tender.
9. SCHEDULES OF QUANTITIES
No alteration, erasure, omission or addition is to be made in the text and conditions of the
Schedules of Quantities and should any alteration, amendment, or addition be made, it will
not be recognised.
Should any figures or writing be indistinct, however, or these Schedules of Quantities
contain any obvious errors, the Tenderer must inform MDM Engineering at once and have
them rectified. No liability whatsoever will be admitted in respect of errors in the tender
owing to the foregoing.
10. INFORMATION TO BE SUBMITTED WITH THE TENDER

All Tenderers are to submit the following information:
10.1. An organisation chart, showing scope of responsibility and names of all key
personnel in the Tenderer's Head Office who will have executive direction over the
work. (Refer Annexure 'H' to Form of Tender).
10.2. A field organisation chart showing the names of key personnel.
Subcontractor staff must be included on the chart and clearly identified as such. The
Tenderer shall also name his proposed Construction Manager and submit a copy of
his Curriculum Vitae. (Refer Annexure 'F' and 'H' of Form of Tender).
10.3Details of the methods by which the Tenderer proposes to select, manage and
control subcontractors. These details to be attached to Annexure 'F' to Form of
Tender.
10.4 A list of all construction Plant which the Tenderer proposes to employ at the
site, including type, capacity, age, condition and OWNERSHIP. The list shall give the
anticipated duration of use and the dates on which the individual items of equipment
will be brought to and removed from the site. (Refer Annexure 'E' to Form of
Tender).
10.5Details of the Tenderer's normal hours of work and of the hours of work per day and
days per week that the tenderer anticipates will be worked in the execution of the
Works.
10.6 A programme, based on the time parameters specified in Annexure B to
Form of Tender, together with an estimated manpower resource loading shown as a
histogram.
10.7All Tenderers must also complete the Third Party Due Diligence Questionnaire
included herein.
11. PRICE BASIS

Preference will be given to Tenderers offering fixed and firm rates. Tendered rates shall be
deemed fixed and firm unless specifically indicated. Rates will be re-measured on the basis
of the delivered tonnages and the rates herein.
12. TAXES
The contractor must include for all duties and taxes, applicable in Saudi-Arabia, which shall
include but not necessarily be limited to VAT, GST, Withholding Tax and any national
insurance health levy or similar, applicable in the country.
13. LAWS AND REGULATIONS

The tenderer shall fully acquaint itself with all local laws and regulations currently applicable
as well as those of any other country in which the tenderer proposes to undertake any part
of the works/services to be provided, to the extent that compliance with such laws and
regulations may be necessary for the due and lawful performance of its obligations under
the Contract, and the successful tenderer shall be deemed to have provided for same in its
tender. In addition, the successful tenderer shall be responsible for, and shall pay all levies
or penalties that may be incurred as a result of its failure to comply with any taxation or
other laws that may be applicable when carrying out its obligations under the contract.
14. RIGHT OF REJECTION OF TENDER
MDM Technical Africa (Pty) Ltd does not bind itself to accept any tender or part thereof and
based on its own discretion and business requirements can decide to award / or not.
MDM Technical Africa (Pty) Ltd reserves the right to negotiate on the whole or any part of
this tender.
The tendered product/services herein and related proposal or part thereof, if successful,
would be subject to agreement of related contract terms and conditions as part of the due
process of post tender review, negotiations and potential award.
15. CODE OF BUSINESS ETHICS

Please refer to our webpage listed below:
http://www.amecfw.com/code-of-business-conduct
SECTION 3
INDICATIVE TERMS AND CONDITIONS
The terms and conditions detailed herein are indicative only, and the Employer envisions a
negotiation to finalise the terms with the successful Tenderer. Tenderers are to consider the
indicative terms and conditions with due understanding and price their Tenders with the absolute
minimum qualifications, which has to be clearly indicated in the prescribed Annexure A
(Alternations by Tenderer) in Section 5 Form of Tender of this Enquiry.
SECTION 3.1
CONTRACT AGREEMENT
CONTRACT AGREEMENT
made and entered into by and between
[INSERT]
(Registration No. [INSERT])
of
[INSERT]
(hereinafter the "Employer")
and
[INSERT]
(Registration No. [INSERT])
of
[INSERT]
(hereinafter the Contractor)
Whereas: The Employer desires that the Works known as the Permanent and Temporary Camp
for the Employers Hamdah Gold Project should be executed by the Contractor, and has accepted
a proposal by the Contractor for the execution of these Works,
Now therefore: The Employer and the Contractor agree as follows:
1. In this Contract words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract contained in Section 2 hereof.
2. The following documents shall form the Contract and be read with and be construed as part
of this Contract Agreement:
Section 1 - Contract Agreement

Section 2 - Conditions of Contract:
2.1 Particular Conditions;
2.2 General Conditions of Contract;
Section 3 - Project Specification;
Section 4 - Form of Tender;
Section 5 - Schedule of Quantities
3. In consideration of the payments to be made by the Employer to the Contractor as

hereinafter mentioned, the Contractor hereby covenants with the Employer to execute the
Works in conformity with the provisions of the Contract.
4. In consideration of the execution of the Works the Employer hereby covenants to pay the
Accepted Contract Amount of [To be confirmed] to the Contractor, at the times and in the
manner prescribed by the Contract.
5. This Contract contains the entire agreement between the Parties in relation to the subject
matter hereof and neither Party shall have any claim or right of action arising from any
undertaking, representation or warranty not included in this document. No agreement to
vary, add to or cancel this Contract shall be of any force or effect unless reduced to writing
and signed on behalf of all the Parties hereto. For the avoidance of doubt, it is recorded that
this Contract supersedes and replaces any agreement previously entered into by the
Parties.
6. No failure by either Party to enforce any provision of this Contract shall constitute a waiver
of such provision or affect in any way that Partys right to require performance of any such
provision at any time in the future, nor shall the waiver of any subsequent breach nullify the
effectiveness of the provision itself.
7. Each Party chooses the address set out under its name above as its domicilium citandi et
executandi at which all notices, legal processes and other communications must be
delivered for the purposes of this Contract.
8. Each Party may by written notice to the other Party change its chosen address to another
physical address provided that the change shall become effective on the fourteenth day
after the receipt of the notice by the addressee.
9. Any contract will only be binding at the date of contract award. The Contract is entered into
with effect from (Insert date).
IN WITNESS whereof the parties hereto have set their signatures in the presence of
subscribing witnesses:
FOR AND ON BEHALF OF THE EMPLOYER, BEING DULY AUTHORISED TO DO SO:
AT.................................. on this .................................. day of..................................
SIGNATURE ..................................
NAME ..................................
CAPACITY ..................................
AS WITNESS (for the Employer)
.................................. .................................. ...................................

SIGNATURE NAME ADDRESS
FOR AND ON BEHALF OF THE CONTRACTOR, BEING DULY AUTHORISED TO DO SO:
AT ..................................on this .................................. day of..................................
SIGNATURE ..................................
NAME ..................................
CAPACITY ..................................
AS WITNESS (for the Contractor)
.................................. .................................. ..................................
SIGNATURE NAME DATE
SECTION 3.2
GENERAL CONDITIONS OF CONTRACT
The General Conditions of Contract shall be the International Federation of Consulting Engineers
(FIDIC) Conditions of Contract for Construction for Building and Engineering Works
Designed by the Employer, First Edition (1999), the FIDIC red book.
SECTION 3.3
PARTICULAR CONDITIONS OF CONTRACT
2.1 Amendments to General Conditions

The provisions of the Appendix as referred to in the General Conditions and as contained
in Section 3.44 hereof shall be deemed to form part of and be read and applied together
with, and as part of, the Particular Conditions.
The following amendments and additions are to be made to the General Conditions. The
clause numbers referred to hereafter are the clause numbers of the General Conditions.
2.1.1 Clause 1.1 Definitions

Sub-Clause 1.1.1.1 Contract
Delete Sub-Clause 1.1.1.1 and replace with the following:
Contract means the documents listed hereunder in order of precedence:
Contract Agreement
General Conditions of Contract
Particular Conditions of Contract
Appendix to Tender
Employers Requirements
o Engineering Document List
o Site Conditions
o Scope of work
o Information
o Specifications
o Drawings
o Schedule of Quantities
Annexures;
o Annexure A: Alterations by Tenderer
o Annexure B: Prescribed Completion Dates
o Annexure C: Daywork Schedule Labour Rates
o Annexure D: Daywork Schedule Material
o Annexure E: Schedule of Contractors Equipment
o Annexure F: Schedule of Subcontractors
o Annexure G: Site Inspection Certificate
o Annexure H: Organisation Chart
Pro-Forma Guarantee(s);
o Pro Forma Performance Advance Payment Guarantee (s)
o Pro Forma Retention Guarantee (s)
o Pro Forma Payment Guarantee (s)
Sub-Clause 1.1.1.2 Contract Agreement

Contract Agreement means the agreement annexed as Section 1 hereto.
Sub-Clause 1.1.3.1 Base Date

Base Date means the date as stated in the Appendix to Tender.
Sub-Clause 1.1.3.2 Commencement Date

Commencement Date means the date as detailed in the Appendix to Tender.
Sub-Clause 1.1.3.3 Time for Completion

Time for Completion means the date as detailed in the Appendix to Tender.
Add new Sub-Clause 1.1.6.10 Good Industry Practice

Good Industry Practice means the exercise of that degree of skill, diligence, prudence
and foresight as would reasonably and ordinarily be expected from a skilled and
experienced contractor (internationally engaged in the same type of undertaking and
under the same or similar circumstances and conditions as that in which the relevant
matter arises) seeking in good faith to comply with its contractual obligations and to
discharge any liability arising under any duty of care that might be owed by that
contractor.
Sub-Clause 1.5 Priority of Documents

Delete this Sub-Clause in its entirety and replace with the following:
The documents forming the Contract are to be taken as mutually explanatory of one
another. For the purposes of interpretation, the order of precedence shall be in the
sequence as detailed in the Contract Agreement.
Sub-Clause 1.6 Contract Agreement
Delete this Sub-Clause in its entirety and replace with the following:
Contract Agreement means the contract agreement contained in Section 1 of this
agreement to which these conditions of contract are attached.
Sub-Clause 1.12 Confidential Details

Add the following:
The Contractor shall not publish, or cause to be published any papers, articles or
information regarding the Works or permit any advertising mentioning the subject of this
Contract and shall not display or allow his Subcontractors to display any advertisements
on the Site or elsewhere in connection with the Works without the prior written permission
of the Employer. The taking of photographs of the Works or any portion thereof is
expressly forbidden except to record the progress of the Works which may be taken with
the written permission of the Engineer. The Contractor shall be responsible for the
observance of this Clause by his employees and by the employees of his Subcontractors.
This Sub-Clause shall survive the completion and/or cancellation of the Contract and shall
continue to be in full force an effect for a period of 3 (three) years from the date on which
the Taking-Over Certificate is signed in terms of the Contract or the Contract is cancelled
for whatever reason, whichever date is the earliest.
Sub-Clause 4.1 The Contractors General Obligations

Add the following at the end of the first paragraph:
In executing the Works, the Contractor shall comply with Good Industry Practice.
Sub-Clause 4.2 Performance Security

Add the following at the end of the second paragraph:
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.
Sub-Clause 4.4 Subcontractors]

Add the following:
The Contractor shall ensure that all contract with Subcontractors contain a provision
allowing the Employer to take over and be substituted for the Contractor in respect of
such subcontracts should the Employer terminate the Contract in accordance with Clause
15 [Termination by Employer]. Unless the Contractor raises reasonable objection, the
Contractor acknowledges that the Employer shall be entitled to make payment directly to
the Contractors Subcontractors should it emerge that the Contractor has failed to make
payment to any such Subcontractor as and when any amount is properly due. Any
amounts so paid by the Employer may be set-off against any amount which is due or
subsequently becomes due by the Employer to the Contractor.
Sub-Clause 4.12 Unforeseeable Physical Conditions

Add the following at the end of the second paragraph of Sub-Clause 4.12:
, but in any event within 2 days of the discovery of the condition.
Add the following at the end of the Sub-Clause:

Notwithstanding anything to the contrary contained in this Contract, if the Contractor fails
to give notice of a claim in terms of this Sub-Clause 4.12 within a of 2 days, the Time for
Completion shall not be extended and the Contractor shall not be entitled to a claim for
additional payment of whatever nature.
Sub-Clause 4.22 Security of the Site

Without derogating from the generality of the foregoing, the Contractor shall at all times
remain responsible for the security of the Contractors Equipment.
The Contractor shall fully acquaint himself and strictly comply with all the Employers
security regulations particularly with regard to personnel, Plant, Material and Contractors
Equipment entering or leaving the Employers property. All identifying costs shall be borne
by the Contractor.
Sub-Clause 4.21 Progress Report

The Contractor shall provide a Close-Out report which shall contain the following:
(i) An agreed summary of the information provided under items listed under this clause
as well as lessons learned;
(ii) Contractors Documents as described under Sub-clause 1.1.6.1; and
(iii) Any other documents specified under the Specification.
Add new Sub-Clause 4.25 Waiver of Contractors Lien as follows:

a) Liens over the Employers property:
The Contractor expressly waives and shall not exercise or attempt to exercise any
lien over Employers property, or the Site, or funds of the Employer, which may, but
for the provisions of this Clause, have applied in respect of Employer's property or
the Site, arising from the execution of the Contractors obligations in terms of this
Contract, or which the Contractor believes it is entitled to.
The Contractor shall at all times promptly pay for all site works and services,
materials, equipment and labour used or furnished by the Contractor in the
performance of the Site Works and Services under this Contract and shall, at its
own expense, keep the Employers Site and all property belonging to or acquired by
the Employer free and clear of third party liens and rights of lien or possession.
Should the Contractor fail to release and discharge any such claims or lien within 7
(seven) calendar days after receipt of written notice from the Employer to remove
such claim of lien the Employer may, in its own discretion, discharge or release the
claim of lien or otherwise deal with the lien claimant directly. The Contractor shall be
liable to the Employer for any and all costs and expenses of the Employer in so
doing, including legal and other fees incurred by the Employer.
Sub-Clause 6.1 Engagement of Staff and Labour

Notwithstanding anything to the contrary contained in this Contract, the Contractor
represents and warrants to the Employer, at all times throughout the duration of this
Contract, that the Contractor complies with the standard of social accountability, i.e. no
child labour; no forced labour; respect local occupational health and safety regulations;
freedom of association and collective bargaining; no discrimination; no corporal
punishment; mental or physical coercion or verbal abuse; respect legally mandated work
hours; guarantee of a fair compensation to its employees.
Sub-Clause 8.3 Programme

Delete the first sentence of the first paragraph and replace with the following:
The Contractor shall submit a base programme as detailed in Section 3 and annexure B
Prescribed Completion Dates hereof to the Engineer within 28 (twenty-eight) days of the
Commencement Date. The base programme shall include all the information required
under this Sub-Clause.
Delete the penultimate paragraph and replace it with the following:
The Contractor shall notify the Employer in writing of any event, circumstance or factor
which may adversely affect the Works or the progress thereof, delay the execution of the
Works, increase the Contract Price, constitute an environmental or safety risk or impair
the performance or use of the Works or any part thereof (notified event). Such notice
shall be given as soon as possible, but in any event within not more than 7 (seven) days
after the event, circumstance or factor in question was known or should reasonably have
been known to the Contractor.
In such notice the Contractor shall provide:
(a) detailed particulars of the notified event and the potential adverse effects; and
(b) proposals for the steps to be taken by the Contractor to mitigate the potential
adverse effects and meet the Time for Completion.
The Employer may also require the Contractor to submit a proposal under Sub-
Clause 13.3 [Variation Procedure] in respect of any notified event.
A notification in terms of this Sub-Clause 8.3 shall not constitute a notification of a
claim for extension of time or additional cost pursuant to Clause 20 [Claims,
Disputes and Arbitration] or otherwise under the Contract.
In the event of the Contractor making a claim for an extension of time or additional
cost under Clause 20 [Claims, Disputes and Arbitration] in respect of any event for
which no such notice as envisaged above has been given, then such claim shall be
assessed as if the Contractor had complied above requirement within the said 7
(seven) days notice period referred to above.
Sub-Clause 8.4 Extension of the Time for Completion
Add the following:
The Contractors entitlement to an extension to the Time for Completion is conditional
upon the following and shall apply only when:
a) it can demonstrate that it is entitled to an extension of the Time for Completion for a
cause listed in this Sub-Clause 8.4;
b) the delay involves an activity which is on the critical path of the approved
construction programme;
c) it has given all the notices strictly in accordance with the provisions of Sub-Clause
20.1;
d) it has taken all proper and reasonable steps necessary and within its control,
including giving the Engineer a notification early warning in accordance with Sub-
Clause 8.3 both to preclude the occurrence of the cause of the delay and to avoid or
minimise the consequences of the cause of delay; and
e) in respect of exceptionally adverse climatic conditions, it can demonstrate that such
conditions have resulted in a delay to the Works, but only where the Contractor can
establish to the satisfaction of the Engineer that such climatic conditions and
inclement weather are exceptionally adverse compared to the usual prevailing
climatic and weather pattern occurring at the Site.
Add the following Clause 11.12 Latent Defects
Nothing contained in this Contract shall in any manner be construed as limiting the
Employers rights in the event of a latent defect manifesting itself in the Works.
Sub-Clause 12.3 Evaluation

Amend Sub-Clause (a)(i) by deleting 10% and replacing it with 30% (thirty per cent)
Amend Sub-Clause (a)(ii) by deleting 0.01% and replacing it with 1% (one per cent)
Amend Sub-Clause (a)(iii) by deleting 1% and replacing it with 10% (ten per cent)/
In the fourth paragraph add the following words to the beginning of the first sentence:
Subject to Sub-Clause 20.1 [Contractors Claims]...
Delete b (i) of this Sub-Clause.
Sub-Clause 20.1 Contractors Claims

Add new sub-clause 20.1.1 Claims for Standing Time as follows:
Notwithstanding the provision of Sub-Clause 20.1, claims for standing time will not be
considered by the Engineer unless the Contractor has given notice to the Engineer at the
time of occurrence or when it becomes apparent that there is or is going to be a local
stoppage, a total stoppage or a major disruption to the Works due to a fault of the
Engineer, the Employer or through some other circumstances beyond the Contractors
control, and the Engineer, in his sole discretion, agrees that standing time is justified and
that the Contractor has taken all reasonable measures to avoid or reduce such delay.
Should the Engineer determine that any standing time is justified, then the Contractor
shall submit fully detailed timesheets for the labour and/or Contractors Equipment
affected, to the Engineer on a daily basis for his signed authorisation. Timesheets for
standing time which are dated more than 48 (forty-eight) hours from the event will not be
accepted by the Engineer.
The Engineer reserves the right to make use of, or redirect, labour or Contractors
Equipment which is the subject of standing time. Payments may be reduced at the
Engineers discretion should it be possible to mitigate the effects of the stoppage by such
re-deployment of the Contractors labour or Equipment.
For the purpose of this Sub-Clause 20.1.1, standing time means that period during
which the Contractors personnel are able to proceed with the execution of the Works in
accordance with the Contract for the reasons set out in this Sub-Clause 20.1.1.
Sub-Clause 20.2 Appointment of the Dispute Adjudication Board

Delete this clause in its entirety.
Sub-Clause 20.3 Failure to Agree Dispute Adjudication Board

Sub-Clause 20.4 Obtaining Dispute Adjudication Boards Decision

Sub-Clause 20.5 Amicable Settlement

Sub-Clause 20.6 Arbitration
Delete and replace as follows:
New Sub-Clause 20.2 Amicable Settlement
If any dispute arises out of or in connection with this Contract, representatives of the
Parties with authority to settle the dispute will, within 14 days of a written request from one
Party to the other, meeting in a good faith effort to resolve the dispute. If the dispute is not
resolved at that meeting or the meeting does not take place as notified, the dispute shall
be finally settled in accordance with Sub-Clause 20.3.
New Sub-Clause 20.3 Arbitration

If resolution of a dispute in terms of Sub-Clause 20.2 fails, either Party may refer the
dispute to arbitration within 28 days of the good faith meeting failing for whatever reason,
to be finally settled by a single arbitrator, appointed and conducting the arbitration in terms
of The Rules for the Conduct of Arbitration as published by the Association of Arbitrators
(Southern Africa) and current at the date the Arbitrator is appointed or nominated.
Notwithstanding the foregoing, nothing in this clause shall preclude either party from
applying to court for a temporary interdict or other relief of an urgent nature, pending the
decision of the award of the arbitrator in terms of this clause.
The Parties agree that any legal action or proceedings arising out of or in connection with
this Contract may be brought in the High Court of South Africa and irrevocably submit to
the jurisdiction of the High Court.
This clause is severable from the rest of the Contract and shall therefore remain of full
force and effect after the Contract is terminated or cancelled.
New Clause 21 Validity

If any provision of this Contract is found or held to be invalid or unenforceable, the validity
of all the other provisions hereof shall not be affected thereby and the parties agree to
meet and review the matter and if any valid and enforceable means is reasonably
available to achieve the same commercial object as the invalid or unenforceable provision
and to adopt such means by way of variation of the Contract. However, if any invalid term
is capable of amendment to render it valid, the parties agree to negotiate an amendment
to remove the invalidity or unenforceability.
New Clause 22 Severability

In the event of any provision of this Contract being invalid, unlawful or otherwise
unenforceable under the mandatory provisions of any applicable law, that provision shall
be deemed to be severed from this Contract and of no force or effect, provided that such
invalidity shall not affect the remaining provisions of the Contract which shall continue to
be valid and enforceable. In such event, the parties shall as soon as reasonably possible
after becoming aware of the unenforceability of the severed provision negotiate in good
faith an alternative mechanism or provision which would achieve a commercial effect
which is the same or as close as reasonably possible to that which the parties intended to
achieve by means of the severed provision.
New Clause 33 No Partnership
Nothing in this Contract shall be deemed to create any joint venture, partnership or
principal agent relationship between the parties and neither party shall hold itself out in its
advertising or otherwise in any manner which would indicate or imply such relationship
with the other party pursuant to this Contract.
New Clause 34 Anti-Bribery

The Contractor undertakes to protect the standards of business practice of the Employer
at all times and to act in such a way as to uphold the Employers good name and
reputation and not to do or attempt to do any act or thing which is intended to and/or
which in fact causes any damage to or brings discredit upon the Employer, and in
particular the Contractor represents that it has not, and covenants that it will not, directly
or indirectly:
a offer to give or agree to give to any Government Official or director, officer,
employee or agent of any past or potential client, customer, supplier, consultant
or any other third party any gift or consideration of any kind as an inducement
or reward for doing or for forbearing to do or for having done or forborne to do
any action in relation to a tender, contract or any other business dealings or for
showing or forbearing to show any favour or disfavour to any person in relation
to a tender, any contract or any other business dealings; or
b induce or attempt to induce any Government Official or any officer, servant or
agent of any private body to depart from his duties to his employer.
Furthermore, the Contractor represents that, in connection with this Agreement,
it has not, and covenants that it will not, contravene the following laws, to the
extent applicable:
a The Foreign Corrupt Practices Act of the United States; The Corruption of
Foreign Public Officials Act of Canada; The Bribery Act 2010 of the United
Kingdom; and similar or equivalent legislation or regulation in those or any other
jurisdictions that may be applicable to activities in connection with this
Agreement;
b The laws applicable to the maintenance of business books and records;
c The laws regarding boycotts;
d The laws regarding trade sanctions and export administration and control; and
e The laws regarding antitrust and competition.
The Contractor shall permit the Employer and its third party representatives, on reasonable
notice during normal business hours, to access the Contractors books, records and
accounts (including, without limitation, records relating to the origin and legitimacy of any
funds paid to the Contractor and all disbursements made for or on behalf of the Contractor)
relating to the activities undertaken in connection with this Agreement and to meet with the
Contractors personnel to audit such Partys compliance with its obligations under this
Clause 34. Such audit rights shall continue for six years after termination of this Agreement.
The Contractor shall give all necessary assistance to the conduct of such audits during the
term of this Agreement and for a period of six years after termination of this Agreement.
Audit access by any third party representative of the Employer shall be subject to such
representative agreeing confidentiality obligations in this Agreement in respect of the
information obtained.
In addition, the Contractor undertakes to promptly (and in any event within 14 days) notify
the Employer of any alleged potential, suspected or actual breach of the undertakings in
this Clause 34 and to provide reasonable co-operation to the Employer in investigating and
resolving any such breach as promptly a practicable.
SECTION 3.4
APPENDIX TO TENDER
Note: With the exception of the items for which the Employer has
inserted the information, the information must be inserted by the
Contractor (at tender stage)
Clause
Reference
Employers name and address 1.1.2.2 & Saudi Gold Refinery Co. Ltd. (Hamdah
1.3 Gold Project).
Address:Hamdah Gold Project,
Kingdom of Saudi Arabia.
Contractors name and address 1.1.2.3 & MDM/Amec Foster Wheeler
inserted the information,1.3
the information must be inserted by the
Contractor (at tender
Unitstage)
2
Silver stream Park
10 Muswell Road
Bryanston, Gauteng, South Africa
Engineers Name and address 1.1.2.4 & MDM/Amec Foster Wheeler

1.3
Unit 2
Silver stream Park
10 Muswell Road
Bryanston, Gauteng, South Africa
Base Date 1.1.3.1
Time for Completion of the Works 1.3.3.3
Defects Notification Period 1.1.3.7 365 Days
Electronic transmission systems 1.3 Via electronic e-mail in which case the
date and time of receipt shall be the
date and time which the email was
received by the recipient as proved by
a read confirmation. Provided that
communications in respect of matters
pertaining to Sub-Clause 8.4, 8.3 and
Sub-Clause 20.1 shall be contained in
a formal letter which may be scanned
and transmitted by means of an e-mail.
Governing Law 1.4 Saudi Arabia Law
Ruling Language 1.4 English
Language for communications 1.4 English
inserted the information, the information must be inserted by the
Time for access to the Site Contractor
2.1 (at tender stage)
Amount of Performance Security 4.2 10 % of the Accepted Contract

Amount, in the currencies and
Proportions in which the Contract Price
is payable
Normal working hours 6.5
Commencement Date 8.1
Delay Damages for the Works 8.7 & 1% of the Accepted Contract Amount
14.15(b) per week
Maximum amount of delay damages 8.7 10% of the Accepted Contract Amount
Percentage for adjustment of Provision 13.5(b) N/A
Sums
Adjustments for Changes in Cost 13.8 N/A
Total advance payment 14.2 Maximum 105% (five percent) of the

Contract Price payable in a single
instalment within 30 days of
submission of acceptable advance
payment bond and invoice.
Currencies and proportions 14.2 United States Dollars
Start repayment of advance payment 14.2(a) The month following the invoice of the
down advance payment.
Repayment amortisation of advance 14.2(b) 3 4 equal monthly repayments of the

payment total Advance Payment amount@
33,33% per month
Percentage of retention
inserted the information,14.3 Retention
the information must be of inserted
10% ofbythe the Accepted
Contract
Contractor (at tender stage) Price, valid until end of the
defects liability period.
Limit of Retention Money 14.3 Retention of 10% of the Accepted

Contract Price
Plant and Materials for payment when 14.5(b) N/A

shipped en route to the Site
Plant and Materials for payment when 14.5(c) N/A

delivered to the Site
Minimum amount of Interim Payment 14.6 N/A

Certificate
Currencies of payment 14.15
Periods for submission of insurance:
(a) evidence of insurance 18.1 14 days

(b) relevant policies 18.1 28 days
Maximum amount of deductibles for 18.2(d) Occupational diseases, death or injury

insurance of the Employers risks to demonstrate that this has been
arranged.
Minimum amount of third party insurance 18.3

Date by which the DAB shall be appointed 20.2 N/A
The DAB shall be 20.2 N/A
Appointment (if not agreed) to be made 20.3 N/A
Definition of Sections N/A must be inserted by the
inserted the information, the information
Contractor (at tender stage)
SECTION 4
EMPLOYERS REQUIREMENTS
4.1 General Package Documents

4.2 General Engineering Documents
4.3 Specific Engineering Documents
4.4 Drawings
SECTION 5
FORM OF TENDER
FOR : 1457E1- C002B Civil works Enquiry
TO :
Sir
Having examined the site of the proposed Works, Conditions of Contract, Particular Conditions of
Contract, Programme of Work, Specifications, Drawings and Schedules of Quantities for the
execution of the above named Works, we offer to supply, construct, complete and maintain the whole
of the said Works in conformity with the said Conditions of Contract, Programme of Work,
Specifications, Drawings and priced Schedules of Quantities, save as amended by the "Alterations
by Tenderer" (if any) attached hereto, for the
sums of
(in words),...............................................................................................................................
.....................................................................................................................................
.....................................................................................................................................
or such other sum as may be ascertained in accordance with the terms of the Contract. The above
sum includes all taxes and duties.
The value of the taxes and duties included in the above sum is (in words)
................................................................................................................................................
We agree to abide by this tender for the period of SIXTY (60) calendar days from the date fixed for
receiving the same and it shall remain binding upon us and may be accepted at any time before the
expiration of that period.
In the event of there being any errors of pricing, extension or addition in the priced Schedules of
Quantities, we agree to their being corrected, the rates being taken as correct.
We undertake to complete and deliver the whole of the Works comprised in the Contract within the
time stated in the Appendix hereto.
If our Tender is accepted, and should we require advance payment, we will, within the time
stipulated, provide the advance payment guarantee of a Bank (to be approved by the Employer) to
be jointly and severally bound with us in the sum not exceeding ten (10) percent of the
abovementioned sum forthe amount of the advance payment for the due performance of the
Contract under the terms of a Bond in the form provided.
The Tenderers Bank or Insurance Company is
of ................................................................................................................
.........................
Unless and until a formal Agreement is prepared and executed, this Tender, together with the written
acceptance thereof by yourselves or the Engineer acting on your behalf, shall constitute a binding
Contract between us.
We further agree that, if awarded the Contract, we will commence Work upon receipt of written notice
to proceed and will perform the Work diligently and in accordance with the Contract documents. We
undertake to fully complete the portions and whole of the Works comprised in the Contract within the
time limit stated in the Appendix hereto. We acknowledge that time is of the essence of the Contract.
The following attachments form part of this Tender:
1. The Appendix to Form of Tender

2. Annexure A: Alterations by Tenderer
3. Annexure B: Programme of Work
4. Annexure C: Daywork Schedule - Labour Rates
5. Annexure D: Daywork Schedule - Materials
6. Annexure E: Schedule of Plant
7. Annexure F: Schedule of Subcontractors
8. Annexure G: Site Inspection Certificate
9. Annexure H: Organisation Chart
10. Schedules of Quantities
We understand that you are not bound to accept the lowest or any tender you may receive.
Yours faithfully
Signature ........................................................................
on behalf of
and duly authorised by ..............................................
Address ..........................................................................
Date ......................
Telephone No. ...............................
Note: Where the Tenderer is a company, a certified extract from the Company's minutes authorising
the signatory hereto should be attached.
SECTION 5.1
ANNEXURE A
Qualifications by Tenderers
Should the Tenderer desire to make any departures from or modifications to the General Conditions
of Contract, Specifications, Schedules of Quantities or Drawings, or to qualify his tender in any way,
he shall set out his proposals clearly hereunder, or alternatively state them in a covering letter
attached to his tender and referred to hereunder, failing which the tender will be deemed to be
unqualified.
If no departures or modifications are desired, the Schedule hereunder is to be marked NIL and
signed by the Tenderer.
PAGE CLAUSE OR ITEM
..................................................... ................................................................
DATE SIGNATURE OF TENDERER
SECTION 5.2
ANNEXURE B
Prescribed completion dates
The following scheduled start dates have been calculated for the work involved. The Contractor must
furnish scheduled completion dates in accordance with Clause 15 of the General Conditions of
Contract as amended.
Should the start date be later than scheduled, the Engineer will enter into negotiation with the
Contractor with a view to establishing ways and means of meeting the required finish date.
ACTIVITY SCHEDULED SCHEDULED

COMPLETION
START
[insert]
.................................................. ................................................................
SECTION 5.3
ANNEXURE C
Daywork Schedule Labour rates
In the schedule hereunder the Tenderer shall set out all categories of labour he proposes to use in
the execution of the Contract and their respective rates. These rates shall include wages, benefits,
insurance, bonuses, site and travel costs and allowances, social and payroll burdens, lodging
allowances, protective clothing, hand and portable tools, supervision, overheads and profits and shall
constitute complete reimbursement to the Contractor for labour supplied on daywork basis.
OVERTIME HOURLY RATES
CATEGORY OF EMPLOYEE NORMAL WEEKDAYS SATURDAY SUNDAY &

TIME P/H P/HOLIDAY
[insert]
The Contractor's normal working week comprises:
a) Monday to Friday .......... hours/day;

b) Saturday ........... hours;
totalling ........... hours per week after which overtime rates shall become applicable.
.................................................. ................................................................
SECTION 5.4
ANNEXURE D
Daywork Schedule Material
In the schedule hereunder the Tenderer shall set out his unit rates which shall apply to Daywork.
The rates entered below shall be inclusive of all supervision, overheads and profit and will be based
on actual cost and will not be subject to price variation.
The nett cost of materials shall mean the cost of material actually built into the permanent works.
The Contractor shall provide copies of quotations, invoices or such further information that the
Engineer may require.
The required mark-up on the nett price

of materials as described above shall be
.................................................. ................................................................
SECTION 5.5
ANNEXURE E
Schedule of Contractors Equipment
The Tenderer is to complete the Schedule below to show all major items of plant he proposes using
on the Contract. The rate shall be per running hour taken from hour meter on the plant, or the time
as approved by the Engineer, and shall include transportation to and from job site, operator's wages,
and fuel and oil where applicable.
TYPE MODEL NO. TO BE NO. NO. TO BE HOURLY OWNERSHIP

& SIZE OR EMPLOYE IMMEDIATELY ACQUIRE RATE
MAKE CAPACITY D AVAILABLE D
.................................................. ................................................................
SECTION 5.6
ANNEXURE F
Schedule of Subcontractors
The Tenderer is to complete the Schedule below specifying all Subcontractors he intends using and
the section of the Contract they would undertake.
NAME OF SUBCONTRACTOR SECTION AND TYPE OF

WORK TO BE SUBCONTRACTED
.................................................. ................................................................
SECTION 5.7
ANNEXURE G
Site Inspection Certificate
THE TENDERER AGREES THAT HE HAS:
a) been issued with the Enquiry documents and been given the opportunity to scrutinize them
prior to visiting the site;
b) familiarised himself with the site conditions at
c) been given the opportunity to discuss and clarify with the Employer any matters arising from
his inspection of the site.
DATE/S OF SITE VISIT:
SIGNED AT ..................................................... THIS ............. DAY OF ..............................
SIGNED : .....................................
CAPACITY : ......................................
COMPANY : ..............................................
AS WITNESSES:
1. ............................................................
2. ............................................................
SECTION 5.8
ANNEXURE H
Organisation Chart
In the schedule hereunder the Tenderer shall set out his proposed site organisation chart, showing
scope of responsibility and names of all key personnel in the Tenderer's head office who will have
executive direction over the work.
HEAD OFFICE
FIELD
................................................. .......
....................................................
SECTION 6
GUARANTEE(s)
6.1. Pro forma Performance Guarantee (S)

6.2. Pro forma Retention Guarantee (S)
6.31. Pro forma Advance Payment Guarantee

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ENQUIRY FOR

Civil Works Contract

Hamdah Gold Project 1457E1

MDM Technical Africa (Pty) Ltd

ENQUIRY NUMBER 1457E1 - C002B

TENDER REVISION 0001

ISSUE DATE OF ENQUIRY 27 February 2017

SITE VISIT DATE -

CLOSING DATE FOR SUBMISSION 13 19 March 2017

3. INDICATIVE TERMS AND CONDITIONS

4. The attention of the Tenderer is directed to the following: -

TO: TENDER BOX

3. COMMUNICATIONS AND CONTACT

10. INFORMATION TO BE SUBMITTED WITH THE TENDER

11. PRICE BASIS

13. LAWS AND REGULATIONS

15. CODE OF BUSINESS ETHICS

INDICATIVE TERMS AND CONDITIONS

made and entered into by and between

(Registration No. [INSERT])

(hereinafter the "Employer")

(Registration No. [INSERT])

(hereinafter the Contractor)

Section 1 - Contract Agreement

3. In consideration of the payments to be made by the Employer to the Contractor as

FOR AND ON BEHALF OF THE EMPLOYER, BEING DULY AUTHORISED TO DO SO:

AT.................................. on this .................................. day of..................................

AS WITNESS (for the Employer)

.................................. .................................. ...................................

FOR AND ON BEHALF OF THE CONTRACTOR, BEING DULY AUTHORISED TO DO SO:

AT ..................................on this .................................. day of..................................

GENERAL CONDITIONS OF CONTRACT

PARTICULAR CONDITIONS OF CONTRACT

2.1 Amendments to General Conditions

2.1.1 Clause 1.1 Definitions

Sub-Clause 1.1.1.2 Contract Agreement

Sub-Clause 1.1.3.1 Base Date

Sub-Clause 1.1.3.2 Commencement Date

Sub-Clause 1.1.3.3 Time for Completion

Add new Sub-Clause 1.1.6.10 Good Industry Practice

Sub-Clause 1.5 Priority of Documents

Sub-Clause 1.12 Confidential Details

Sub-Clause 4.1 The Contractors General Obligations

Sub-Clause 4.2 Performance Security

Sub-Clause 4.4 Subcontractors]

Sub-Clause 4.12 Unforeseeable Physical Conditions

Add the following at the end of the Sub-Clause:

Sub-Clause 4.22 Security of the Site

Sub-Clause 4.21 Progress Report

Add new Sub-Clause 4.25 Waiver of Contractors Lien as follows:

Sub-Clause 6.1 Engagement of Staff and Labour

Sub-Clause 8.3 Programme

Sub-Clause 12.3 Evaluation

Subject to Sub-Clause 20.1 [Contractors Claims]...

Sub-Clause 20.1 Contractors Claims

Sub-Clause 20.2 Appointment of the Dispute Adjudication Board

Sub-Clause 20.3 Failure to Agree Dispute Adjudication Board

Sub-Clause 20.4 Obtaining Dispute Adjudication Boards Decision

Sub-Clause 20.5 Amicable Settlement

Sub-Clause 20.6 Arbitration

New Sub-Clause 20.3 Arbitration

New Clause 21 Validity

New Clause 22 Severability

New Clause 34 Anti-Bribery