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Palabora Copper REQUEST FOR PROPOSAL AN AGREEMENT FOR THE AUTOMILLS DOLERITE WASTE ROCK HAULAGE CONTRACT DURATION: 3 YEARS RFP.PC.2016.135 PART 1 – PROPOSAL INFORMATION AND CONDITIONS Page 1
Transcript of Palabora Mining Company Ltd · Web viewAuto-Mills Dolerite Waste Rock Haulage Request For Proposal...
Auto-Mills Dolerite Waste Rock Haulage
Request For Proposal – Tender No. [RFP.PC.2016/135]
Part 1 – Proposal Information and Conditions
[Insert Business Unit name]
Request For Proposal – Contract No. [#]
Part 1 – Proposal Information and Conditions
Palabora Copper
REQUEST FOR PROPOSAL
AN AGREEMENT FOR THE AUTOMILLS DOLERITE WASTE ROCK HAULAGE
CONTRACT DURATION: 3 YEARS
RFP.PC.2016.135
PART 1 – PROPOSAL INFORMATION AND CONDITIONS
Page xi
Page 1
Part 1 – Proposal Information and Conditions
Table of Contents
1.Description of project1
2.Request for Proposal1
2.1Supply required1
2.2Purpose of Request for Proposal1
3.Accuracy of information1
3.1No liability of the Company for information provided1
3.2Contractor to fully inform itself1
3.3Statement of interpretation1
4.Acknowledgement of Request for Proposal and correspondence2
4.1Contractor notification2
4.2Contractor's Proposal Representative2
4.3Company Representative2
4.4Correspondence to be in writing2
5.Company information and obligations of confidentiality3
5.1Request for Proposal confidential3
5.2Return of Request for Proposal3
6.Public announcements3
7.Lodgement of Proposals3
7.1Proposal Period3
7.2Lodgment of Proposals3
8.Modification or withdrawal of Request for Proposal4
8.1Notice to Contractors4
8.2Notice to Contractors to form part of Proposal Documents4
9.Questions4
9.1Questions to the Company4
9.2Acknowledgement and response to questions4
9.3Responses to questions to be advised to all Contractors4
10.Withdrawal of Proposals4
10.1Withdrawal prior to end of Proposal Period4
10.2New Proposals4
10.3Responses to questions to be advised to all Contractors4
11.Proposed contracts5
11.1General Conditions5
11.2Contractors to review General Conditions5
11.3Contractors to identify any unacceptable terms in Proposal5
11.4Agreement to General Conditions unless notified otherwise5
12.Current Contractors5
13.Declaration of interests5
14Acceptance and rejection of Proposals6
14.1Company to act at its discretion6
14.2Discussion of Proposals6
14.3Acceptance of Proposal7
15.Non-complying Proposal7
16.Additional Contractor information7
17.Joint proposals7
18.BBBEE7
19Reasonable prices and rates8
20.Transparency8
21.Currency of Proposals8
22.Costs8
23.Site Inspection9
24.Definitions9
ANNEXURES
Annexure 1 - Scope of Work10
Annexure 2 - Intention To Respond11
Annexure 3 - Questions Form12
Annexure 4 - General Conditions13
Annexure 5 - Register of Contractor's Concern14
Auto-Mills Dolerite Waste Rock Haulage
Request For Proposal – Tender No. [RFP.PC.2016/135]
Part 1 – Proposal Information and Conditions
Auto-Mills Dolerite Waste Rock Haulage
Request For Proposal – Tender No. [RFP.PC.2016/135]
Part 1 – Proposal Information and Conditions
Annexures
Page i
Capitalised terms that are not otherwise defined have the meaning given to them in clause 23 – Definitions.
Description of project
This Request for Proposal has been prepared by Palabora Copper PTY Ltd (“Palabora”).
Request for Proposal
Supply required
This Request for Proposal is for the Auto-Mills Dolerite Waste Rock Haulage more precisely described in the Specification.
Purpose of Request for Proposal
The purpose of the Request for Proposal is to obtain capability, pricing and general information on the business of potential Contractor in order for Palabora to determine the most capable Contractor for providing the goods and/ service. Any Contractor which has provided all relevant and/or requested documentation and having scored higher on functionality and/or other necessary areas may be appointed for purposes of this tender. It remains sole discretion of Palabora to appoint an appropriate Contractor for purposes of this tender.
Accuracy of information
No liability of the Palabora for information provided
Although the Palabora has attempted to provide reliable information in the Request for Proposal (“RFP”), it gives no warranty as to the accuracy, completeness and sufficiency of any information given to the Contractor whether verbally or in writing by Palabora, its employees, agents, consultants, advisers or contractors. The proposal submitted by the Contractor will be deemed for all purposes to have been based upon the Contractor's own investigations and determinations, and Palabora (and its employees, agents, consultants, advisers or contractors) accepts no responsibility for the Contractor relying on the contents of the RFP or any other statements made, or information provided, on behalf of the Palabora.
Contractor to fully inform itself
The Contractor is required to fully inform itself of all conditions relating to the supply of goods and/ service at its own cost and expense, before submitting its proposal.
Statement of interpretation
If the Contractor has any doubts as to the meaning of any portion of the RFP, it must when submitting its proposal, include a statement of the interpretation upon which it relies and upon which its proposal has been prepared and submitted. In addition, the Contractor may also submit questions to the Palabora as specified in clause 9.
Acknowledgement of Request for Proposal and correspondence
Contractor notification
Within 3 working days after the issuing of the RFP document, the Contractor is requested to notify the Company of its intention to submit, or not to submit, a proposal by returning a signed copy of the "Request For Proposal - Intention to Respond/Not Respond Form" set out in Annexure 1.
Contractor's proposal representative
At the same time that the Contractor notifies the Palabora of its intention to submit a proposal in accordance with clause 4.1, the Contractor must provide the Palabora with the following information:
a person to be a single point of contact within the Contractor's organisation for correspondence (Contractor's Proposal Representative); and
postal, fax and email addresses for the Contractor's Proposal Representative.
Company Representative
All correspondence between the Palabora and the Contractor's Proposal Representative must be in writing to:
PRIMARY COMPANY REPRESENTATIVE
Contact Person: George Zulu
Email: [email protected]
Tel: 0157802230
AND ALTERNATE CONTACT PERSON
Contact Person: Milton Maile
Email: [email protected]
Tel: 0157802243
Correspondence to be in writing
Verbal communications, including modifications to proposals, done before the closing date of the proposal submissions, will not be recognised unless reproduced in written form.
Company information and obligations of confidentiality
Request for proposal confidential
This RFP and any other information given to the Contractor may not be used for any purpose other than the preparation of the proposal and may not be disclosed or released to any other party. The Contractor must ensure that any of its employee, agent, consultant, adviser or contractor to it, or any other person, to whom it supplies the Information, will be bound by general conditions on confidentiality, being Annexure 4 clause 38.
Return of request for proposal
Each Contractor which does not submit a proposal and each unsuccessful Contractor must return to the Palabora’s Representative all copies in whatever form (including electronic copies) of the RFP, or destroy such copies.
1. Public announcements
Neither the Contractor nor the Palabora will make any public announcements or disclosures as to the RFP (except any advertising which Palabora undertakes to advise Contractor of the RFP), any proposal, the RFP process or otherwise in relation to the subject matter of any potential contract, without the prior written consent of the other party (except as required by any applicable law or regulatory requirement).
Lodgement of Proposals
Proposal Period
The proposal period begins on Thursday 8 December 2016 and proposals must be submitted prior to 12.00 pm GMT on Monday 19 December 2016.
Lodgement of Proposals
Proposals must be submitted via [e-mail to [email protected] on or before the submission date. If your email is too large to submit all documentation at once, please submit individual emails with each attachment or
Required Documentation
The following legal documents are a required and have to be submitted with the tender documents:
· SARS: TAX Clearance Certificate
· BEE Certificate
· Letter of Good Standing (COIDA)
· Proof of business physical address
Any proposal submitted after the submission date or to an alternate address will not be considered due to non-compliance.
Modification or withdrawal of Request for Proposal
Notice to Contractors
If the Palabora decides to withdraw, modify, correct, clarify or otherwise vary the RFP, before or after the proposal closing date, it may do so by means of a written notice to all the Contractors.
Notice to Contractors to form part of Proposal Documents
Any notice to Contractors issued by the Palabora will be sent to all Contractors and will form part of the Request for Proposal.
Questions
Questions to the Company
Contractors may direct any questions relating to the RFP to the Palabora two days before the closing date. Questions concerning this RFP must be provided in a "Request for Proposal - Questions Form" as set out in Annexure 2.
Acknowledgement and response to questions
Palabora will acknowledge the receipt of all questions submitted in accordance with clause 9.1 and may provide answers within a reasonable period of receipt but before the closing date.
Responses to questions to be advised to all Contractors
All Contractors may be advised of the Palabora's response to a particular question. However, to the extent possible, the Palabora will endeavour not to identify the Contractor which asked the question.
Withdrawal of Proposals
Withdrawal prior to end of Proposal Period
A Contractor who has submitted a proposal may withdraw its proposal at any time prior to the end of the proposal period by giving written notice to that effect to the Palabora’s representative.
New Proposals
Following withdrawal of a proposal, a Contractor may submit a new proposal (provided such new proposal is submitted prior to the end of the proposal period).
10.3Withdrawal after Proposal Closing Date:
After the proposal closing date has passed, a Contractor may only withdraw its proposal after the expiration of 90 days from the proposal closing date.
Proposed contracts
General Conditions
Palabora intends to negotiate the terms and conditions of any contractual arrangements for the goods and/ service as may be entered into with any Contractor on the basis of the general conditions attached as annexure 4.
Contractors to review General Conditions
Each Contractor must review and, as it considers appropriate, obtain independent advice (including legal advice) in relation to the general conditions prior to the submission of the proposal failing which the Contractor shall be deemed to have accepted the general conditions to be the governing document should the Contractor be successful with its proposal.
Contractors to identify any unacceptable terms in Proposal
If a Contractor identifies terms in the general conditions which it considers to be unacceptable, the Contractor must complete the Register of Contractor’s concerns attached in Annexure 5 and include the following information in that Register:
list the terms which it considers to be unacceptable;
provide a suggested amendment to the terms which it considers to be unacceptable; and
provide clearly stated written reasons as to why the Contractor finds the relevant terms unacceptable.
Agreement to General Conditions unless notified otherwise
Unless a Contractor complies strictly with the requirements of clause 11.3, it will be taken to have agreed to the terms outlined in the general conditions. Confidentiality clause, in conjuncture with clause 5.1 above, shall be effective even in the event that the Contractor is unsuccessful with its proposal.
Current Contractors
There may be goods and/ service contracts between the Company and third party Contractors for the goods and/ service in existence as at the date of the Request for Proposal.
12.2Should the Contractor be successful, they shall not have exclusive provision of goods and/ or services in question to Palabora.
Declaration of interest
The Contractor must disclose to Palabora in the Contractor’s proposal if the Contractor, its members and/or its Directors and/or employees, have any kind of relationship with any employee of Palabora who may be involved with the evaluation and/or adjudication of this tender or who may have an influence in the outcomes of the evaluation and adjudication of this tender.
The Contractor must disclose to Palabora in the Contractor’s proposal if the Contractor will subcontract any third party for purposes of fulfilling the Contractor’s duties and obligations in terms of this tender.
Failure of the Contractor to disclose in terms of clause 13.1 and 13.1 may lead to disqualification of the Contractor’s proposal or termination of the contract wherein Palabora shall not be liable to any payments due to the Contractor as from the date that Palabora became aware of the states referred to in clauses 13.1 and 13.2.
The Contractor is urged to furnish Palabora with accurate and truthful information in an endeavour to be appointed as per this tender.
13.5Furthermore, the contractor shall be held liable for any inaccurate and/or misleading information that the Contractor will furnish to Palabora in its proposal. Palabora reserves its right to disqualify the Contractor’s proposal and/or terminate the contract with the Contractor should it be found that the Contractor furnished Palabora with inaccurate and/or misleading information.
Acceptance and rejection of Proposals
Company to act at its discretion
The Company reserves the unconditional right, at its sole discretion, to:
reject any or all proposals or to waive irregularities in Proposals;
accept all or any part of a particular proposal (including, for example, accepting different proposals in relation to different aspects of the goods and/ Service);
accept any particular proposal submitted by any Contractor even though the pricing or some other aspect specified in that proposal may not be as favourable as some other proposal;
review, evaluate and dispose of any proposal as it sees fit; and
suspend or discontinue, temporarily or permanently, the RFP process at any time and for any reason,
without being under any obligation to give reasons for undertaking any of the actions specified in paragraphs (a) – (e).
Discussion of Proposals
Contractors or their representatives may be requested to discuss the details of their proposal during the evaluation process, and if so requested the Contractor must cooperate promptly with Palabora.
Palabora reserves the right to discuss specific terms with Contractors prior to the finalisation of a contract (if any).
Palabora reserves the right to:
run parallel negotiations with multiple Contractors following the proposal closing date with a view to finalising a contract with one or more of them; or
deal exclusively with a Contractor following the proposal closing date with a view to finalising a contract with that Contractor.
Acceptance of proposal
A proposal will not be deemed to have been accepted by the Company, unless and until the parties have both executed or signed a written contract,
Non-complying proposal
Any proposal which does not comply with this Part 1 - proposal information and conditions and/or does not provide all of the information requested in Part 2 (Pricing schedule and Specifications) – Form of proposal may be rejected at the option of Palabora.
Additional Contractor information
Palabora may request additional information, data, discussions or presentations in support of a proposal, which the Contractor must provide at its own cost and expense. Additionally, Palabora may conduct a survey of any Contractor under consideration to confirm or clarify any information provided (including pricing and costs) or to collect more evidence of managerial, financial and technical abilities, including meetings and visits to current customers served by the Contractor.
Joint proposals
Two or more persons, firms or corporations may lodge a joint proposal in which event they and their respective heirs, executors, administrators, successors and permitted assigns will be jointly and severally bound by the proposal and, if the proposal is accepted, jointly and severally bound by any contractual arrangements entered into in respect of the goods and/ service. Furthermore it is unacceptable to Palabora for failure of the Contractor to disclose that it will not perform its duties for purposes of this proposal
BBBEE
The successful Contractors must assist Palabora to comply with the procurement provisions contained in the Codes of Good Practice on Broad-Based Black Economic Empowerment (“BBBEE”) issued in terms of section 9(1) of the Broad Based Black Economic Empowerment Act 53 of 2003.
Palabora supports small and medium enterprises development within the BBBEE environment. Palabora’s intention, where possible, is to promote Contractors comprised of individuals from previously disadvantaged groups.
The Contractors are required to indicate their BBBEE status in their proposals and further indicate on how they will assist Palabora in comply with the procurement provisions contained in BBBEE.
Failure on the part of the contractor to submit a BBBEE Verification Certificate from a Verification Agency accredited by the South African Accreditation System or a Registered Auditor approved by the Independent Regulatory Board of Auditors or an Accounting Officer as contemplated in the Close Corporation Act 69 of 1984 together with the proposal, will not be awarded any points for BBBEE level status.
Reasonable prices and rates
Prices provided by Contractors and transparency in the underlying costs are considered to be critical to Palabora and its assessment of proposals. proposals which in the opinion of Palabora are manifestly excessive may be rejected without further consideration.
Transparency
Palabora desires to achieve clarity on the costs of all aspects of the goods and/ service. The details requested in the RFP are intended to deliver the required level of transparency. Any gaps in Contractor responses will be interpreted as an unwillingness to participate with Palabora in the desired relationship and will seriously disadvantage the Contractor.
Currency of Proposals
Any proposal rates and prices included in the proposal schedules are to be expressed in South African Rands unless otherwise specified.
Costs
Palabora is not and will not be responsible for any costs (whether direct or indirect) incurred by a Contractor in preparing or submitting a proposal or otherwise responding to the RFP or in any subsequent discussions or negotiations.
Site Inspection
Date: Tuesday 13 December 2016 @ 9:00Hours
Venue:Palabora Copper (Pty) LTD / Procurement Large Conference Room
Contact:George Zulu – Tel: 015 780 2230
Definitions
In the Request for Proposal, unless a contrary intention appears, the following terms have the following meanings:
BBBEE status level of contractor means the BBBEE status received by a measured entity based on its overall performance using the relevant scorecard contained in the Codes of Good practice on Black Economic Empowerment as defined in section 1 of Broad Based Black Economic Empowerment Act 53 of 2003.
Contract means the agreement that results from the acceptance of contractor’s proposal by Palabora
Contractor means the person, firm or company invited to submit a Proposal.
Contractor's Proposal Representative is defined in section 4.2(a).
Form of Proposal means Part 2 - Form of Proposal.
Functionality means the measurement according to predetermined norms, as set out in the bid documents, of a goods and/ service or commodity that is designed to be practical and useful, working or operating, taking into account, among other factors, the quality, reliability, viability and durability of a goods and/ service and the technical capacity and ability of a bidder.
Goods mean the goods, materials and/or equipment (if any) detailed in the Schedule (Scope of Work).
Information is defined in Section 5.1.
Notice of Award means written notification signed by an authorised representative of the Company to the Contractor that its Proposal has been accepted, subject to any modifications, amendments or conditions required by the Company.
Notice to Contractors is defined in Section 8.1.
Palabora Representative means the individual identified in Section 4.3.
Proposal means a proposal or bid submitted by a Contractor or a written offer in a prescribed or stipulated form in response to an invitation, through RFP, by Palabora for the provision of goods and/ services, works or goods, through price quotations, advertised competitive bidding processes or bids.
Proposal Closing Date is defined in Section 7.1.
Proposal Opening Date is defined in Section 7.1.
Proposal Period is defined in Section 7.1.
Request for Proposal consists of the following documents:
Part 1 - Proposal Information and Conditions; and
Part 2 – Form of Proposal,
and all Schedules or Annexures included with those documents.
Goods and/ Services means the goods and/ services (if any) detailed in the Schedule (Scope of Work).
Site is defined in Section 1.
Supply means the Goods, Services and / or Works the subject of the Request for Proposal that the Company wishes to obtain from a Contractor or Contractors.
Works means the construction, engineering, installation and/or other physical works (if any) detailed in the Schedule (Scope of Work).
Specification
Annexure 1
SCOPE OF WORK:
EMAIL COVER PAGE
INTENTION TO RESPOND FORM – Request for Proposal – RFP.PC.2016.135 Auto-Mills Waste Rock Haulage
By 15 December 2016
To:George Zulu
Palabora Copper (Pty) Ltd
E-mail: [email protected]
From:Supplier name: _____________________________________________________
Supplier's Proposal Representative: ______________________________________
Postal Address: ______________________________________________________
Telephone: __________________________________________________________
Fax: _______________________________________________________________
Email: ______________________________________________________________
We acknowledge receipt of the Request for Proposal and: (Tick appropriate Box)
(a) intend to respond to the Request for Proposal by 12.00 pm GMT on 19 December 2016 or
(b) we will not be responding to the Request for Proposal, and will return any hard copies of the Request for Proposal by express mail received to the Company Representative and/or will destroy all hard copy and electronic copies obtained electronically from the Company.
Please provide a reason for not responding below:
Supplier Name
Signature of Supplier's Proposal Representative
Date
[Note: where joint Proposal to be submitted, insert details and signature of each Supplier’s representative]
Annexure 3 Request for Proposal - Questions Form
QUESTIONS FORM – Request for Proposal – RFP.PC.2016.135 Auto-Mills Dolerite Waste Rock Haulage
EMAIL COVER PAGE
To:George Zulu
Palabora Copper (Pty) Ltd
E-mail: [email protected]
From:Supplier name: _______________________________________________________
Supplier's Proposal Representative:_______________________________________
Telephone:__________________________________________________________
Fax: _______________________________________________________________
Email:______________________________________________________________
Reference to Section ___________________ of the Request for Proposal
Question:
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
Total Number of Pages (including cover): ____________
[Note: where joint Proposal to be submitted, insert details and signature of each Supplier’s representative]
Annexure 4 - General Conditions
Annexure 5 - Register of Contractor Concerns
Name of Contract:Auto-Mills Dolerite Waste Rock Haulage (RFP.PC.2016.135)
Supplier:
Current as at:
Relevant Clause(General Condition/Special Conditions)
(Insert clause ref. or whole clause)
Contractor Concerns
Palabora Copper’s Response
Palabora Copper
REQUEST FOR PROPOSAL
Auto-Mills Dolerite Waste Rock Haulage
RFP.PC.2016.53
PART 2 – FORM OF PROPOSAL
16
Version: December 2005
20161115 Automills
waste rock hauling Scope of work.docx
Load & Haul Scope Of Work
FOR
AUTOMILLS DOLERITE WASTE ROCK HAULING
PALABORA MINING COMPANY
November 2016
Page 30 of 30
Table of Contents
1.Tender Format and Information Required7
1.1 Information to be Included7
1.1.Induction8
1.2.Legal Obligations8
1.3.Contractor’s Liabilities and Indemnification9
1.4.Operator Competence9
1.5.Intoxication10
1.6.Equipment and Machinery10
1.7.Noise Control and Reduction12
1.8.Dust Suppression12
1.9.Equipment and Machinery Inventory12
1.10.Road Traffic13
1.11.Excavation Operations13
1.12.Storage of Flammable Substances13
1.13.Erection of Temporary Buildings14
1.14.Waste Removal14
1.15.Fire Protection14
1.16.Wild Animals14
2.supervision Instructions15
2.1.Insurance15
2.2.Record Keeping16
2.3.Working Hours16
2.4.Statistical Returns16
2.5.First Aid facilities16
2.6.Risk Assessments and Codes of Practice17
2.7.Reporting Accidents17
2.8.Protective clothing17
2.9.Key Personnel and Curricula Vitae (CV)18
2.10.Compliance/Non Compliance19
2.11.Organogram Structures19
2.12.Shift Structures20
2.13.Mining Experience and Track Record of Contractor20
3.Load and haul scope of work21
3.1.Purpose21
3.2.Load and Haul Rate21
3.3.Haul Routes and Destinations21
3.4.Load and Haul – Waste dolerite material loading plan22
3.5.Contract Duration23
3.6.Workshop or Lay down Area (Off site)23
3.7.Buildings23
3.8.Accommodation23
3.9.Waste Removal23
3.10.Preliminary and General (P&G)24
3.11.Mobilisation and De-Mobilisation Costs24
3.12.Fuel Cost Adjustment24
3.13.Safety Incentive / Penalty25
3.14.Construction Crews25
3.15.Annual Price Increases25
3.16.Fuel Delivery / Dispensing / Storage26
GLOSSARY OF TERMS, ABBREVIATIONS, SI UNITS
SI Units
Description
cm
Length (Centimetre)
dmt
Dry metric ton
km
Length (Kilometres)
km²
Square Kilometres
kt
1,000 tonnes
kW
Kilowatt
m
Length (metre).
m³
Cubic metres
m³/day
Cubic metres per day
m³/h
Cubic metres per hour
amasl
Metres above sea level
mm
Length (Millimetres)
Mt
Million tonnes
Mtpa
Million tonnes per annum
tpa
Tonnes per annum
tpd
Tonnes per day
tph
Tonnes per hour
wmt
Wet metric ton
Abbreviation
Description
Company
Palabora Copper (Pty) Ltd (the Client)
Contract
Agreement signed between Palabora Copper (Pty) Ltd (the Client) and the Contractor.
Contractor
Mining contracting company bidding for the work, and who will supply the services according to the Contract
Commencement Date
Date of last signature on the Contract
EIA
Environmental Impact Assessment
EMP
Environmental Management Programme
FEL
Front End Loader
HSE
Health Safety and Environment
LoM
Life of Mine
max
Maximum
min
Minimum
OEM
Original equipment manufacturer
RoM
Run of Mine
SG
Specific gravity
TSF
Tailings storage facilities
VAT
Value Added Tax
1. Tender Format and Information Required
Tender Format and Information Required
1.1 Information to be Included
· A detailed description of the complete scope of supply;
· Price for the load and haul phase;
· A detailed pricing schedule, indicating rates as shown in Appendix 3;
· Prices for equipment and personnel delivery to site to be included in mobilisation fee;
· All applicable forms are to be completed. These forms can be found in:
· Appendix 1 – Equipment and Machinery List
· Appendix 2 – Recent Mining Contracts List;
· Appendix 3 – Load and Haul Cost Estimate;
· Appendix 4 – Mobilisation and de-mobilisation, P&Gs
· Details of the Tenderer’s Safety, Health and Environment (SHE) information.
· Statement of the BEE ownership where applicable or details of the BEE GENERAL Safety Instructions
Palabora Copper (Pty) Ltd (the Company) has an excellent safety record and is continuously revising work practices to ensure its employees are well trained, motivated and protected against accidents and incidents. The Company strives to be a world leader in the mining industry by maintaining the highest quality and integrity in performance and output – and by doing so safely. The Company actively works towards a goal of “zero harm” through a framework of:
· Hazard identification and risk assessment (HIRA);
· Pre-work assessments;
· Safety Audits
· Safety interactions;
· Other safety initiatives;
· Personalising safety.
All contractors and their employees (the Contractor) must subscribe to this framework without exception and must perform their duties with the same care and diligence expected from the Company’s employees.
1.1. Induction
The contractor must attend an induction period of training which the Company will manage. The Contractor’s supervisors and Contract Manager shall be made aware of the Company’s policies, procedures, codes of practice, special instructions and standards, and where to find the relevant policies, procedures, codes of practice, special instructions and standards.
1.2. Legal Obligations
Without limiting the generality of any other obligations imposed on the Contractor in terms of this Contract, such Contractor shall comply with all safety, health and environmental legal requirements, permits and licenses applicable to its activities, products or services, which includes but are not limited to:
· National Water Act, 1998 (Act No. 36 of 1998)
· National Environmental Management Act, 1998 (Act No. 107 of 1998) and EIA Regulations of 2010
· National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008), Regulation 419 and GN409
· Mine Health and Safety Act, 1996 (Act No. 29 of 1996)
· Hazardous Substances Act, 1973 (Act No. 15 of 173)
· GN R73 of 11 January 1985 – Conveyance of Hazardous Substances by road tanker
· Occupational Health and Safety Act, 1993 (Act No. 85 of 1993)
· Environment Conservation Act, 1989 (Act No. 73 of 1989)
· Atmospheric Pollution Prevention Act, 1965, GN 1652 of 20 September 1974
· General Administrative Regulations, GN R1449, 6 September 1996
· Regulations relating to the control of vehicle emissions, GN R1651 of 20 September 1974.
1.3. Contractor’s Liabilities and Indemnification
The Contractor hereby indemnifies the Company against any liability, loss, clean-up order, claim or proceedings of any kind, whether arising from common law or any statute; consequent upon any cause of action, including but not limited to injury to or the death of any person, environmental damage, loss of or damage to any movable or immovable property; arising out of or in the course of or caused by the execution of the services of, or any unauthorized act or omission of the Contractor, Supplier and other Service Provider or its employees.
1.4. Operator Competence
The Contractor, as the designated Employer, has a legal duty to subject all of its employees to medical screening upon employment and termination thereof. While on Company property, the Contractor will be required to observe the above requirement and ensure that all its employees are medically screened and are in possession of a valid medical clearance certificate for entry or exit purposes.
Copies and proof of medical fitness for all Contractor employees shall be made available to the Company on request.
All operators of machinery and equipment must be adequately trained and found competent before being allowed to operate any such machinery and equipment. The Contractor shall implement the following:
· Operators must undergo adequate and relevant training;
· Training records must be kept up to date and be made available by the Contractor, for inspection by the Company;
· Operators who are found to be competent must be in possession of a valid licence when operating equipment and machinery;
· Operators must undergo refresher training as per the Company requirements;
· Operators must be inducted according to the Company’s standards, policies and procedures;
· Operators must be equipped with personal protective equipment (PPE) when performing work with/on equipment and machinery;
· The Contractor must ensure that its employees understand and comply with the Company’s PPE requirements;
· The Contractor must ensure that its employees understand and comply with the Company’s policies, standards, codes of practice and procedures. The Company shall provide the Contractor with copies of Company policies and procedures as well as any standards, codes of practice and special instructions.
Any operator found to be in contravention of any legislation, policies, procedures, standards and special instructions while performing work on the Company’s property may be removed from the property and refused entry. The Contractor must replace any of its employees who have been refused entry to the Company’s property with a suitable replacement.
1.5. Intoxication
No person in a state of intoxication or in any other condition which may render or be likely to render him incapable of taking care of himself or of persons under his charge shall be allowed to enter the workings of the Company or be in the proximity of any working place or near any machinery. Any persons who may have entered the Company’s property or who is found in the proximity of any workings or near any machinery on the Company’s property in a state of intoxication shall be removed from the Company’s property immediately.
No intoxicating liquor shall be taken by any person into the Company’s property, and no workman shall have intoxicating liquor in his possession whilst at work or at a place of work.
1.6. Equipment and Machinery
All equipment and machinery must be operated by suitably trained and qualified operators and must be maintained in good working order to prevent accidents and incidents. All equipment and machinery must comply with:
· Mine Health and Safety Act (Act 29 of 1996) and Regulations;
· Minerals Act (Act 50 of 1991);
· Compensation for Occupational Injuries and Diseases Act (Act 130 of 1993);
· Occupational Health and Safety Act (Act 85 of 1993);
· Company specific safety requirements which may include items such as:
· Falling Objects Protection Systems (FOPS);
· Company procedures, rules, standards and special instructions;
· Anti-collision systems;
· Pedestrian protection systems;
· White noise hooters;
· Two way radios;
· Fire suppression systems ( self-activated)
The Contractor is responsible for providing sufficient equipment and machinery to maintain the haul roads and work areas in a manner acceptable to the Company for haulage purpose. The equipment must be listed in Appendix 1 and may include items such as:
· Graders;
· Water trucks;
· Maintenance vehicles;
· FEL;
· Other.
The Company’s Representative (contractor management) will check and authorize access to the mine for all self-propelled mobile machinery. Over-inspections will be carried out by the Health and Safety Department personnel and other authorized officials to establish roadworthiness of vehicles.
Equipment and machinery which are in contravention of any legislation, policies, procedures, standards and special instructions, will not be allowed to enter the Company’s property until all defects have been repaired and inspected by the Company Representative.
Any equipment and machinery which is damaged or fails to comply with any legislation, policies, procedures, standards and special instructions, during the course of execution of the works will be withdrawn from service until all defects have been repaired.
The Company shall have the right to remove any equipment or machinery from service during the course of the works if found to be in contravention of any legislation, policies, procedures, standards and special instructions. Such equipment and machinery shall not be operated until all defects have been satisfactorily repaired or replaced.
1.7. Noise Control and Reduction
The mine operates in close proximity to local communities and therefore every effort will need to be taken to ensure that noise levels are kept to a minimum. The Company may insist on noise reduction systems for all equipment and machinery operated by the Contractor, according to its policies, procedures, standards and special instructions.
The Contractor must establish from the Company when and where noise reduction systems are required.
1.8. Dust Suppression
The Contractor is responsible for implementing dust suppression measures during loading and hauling operations in order to protect the surrounding community from excessive dust. The Contractor may utilise chemical substances to control and minimise dust generation in the execution of the works. Any chemical substances must be approved by the Company (in writing) before its application and use. The Company may direct the Contractor to use or stop using specific dust suppression chemicals and techniques.
1.9. Equipment and Machinery Inventory
The Contractor shall maintain an up to date and accurate record of all equipment and machinery under its management, control and operation during the performance of the works. The equipment and machinery list is indicated in Appendix 1, and shall be made available to the Company on request.
The equipment and machinery list shall include all equipment either than excavators and haul trucks, such as water trucks, TLBs, graders, pumps, lightning plants which are needed to maintain the haul routes and work areas to acceptable standards prescribed by the Company from time to time.
1.10. Road Traffic
Operators shall obey all road traffic signs on the Company’s property, and give clear and recognized signals of their intentions whilst operating a vehicle as per company work procedure.
When workmen are transported by motor vehicles such as LDV’s or LUV’s ("bakkies”), the driver shall take precautions and ensure that all persons are seated. No travelling on the back of an LDV will be allowed and only 2 persons in a single cab and 4 in a double cab LAD will be allowed. Seatbelts must be worn. Persons are not allowed to be transported on forklifts (FEL`s) and earthmoving machinery.
Vehicles shall not be overloaded. The Contractor shall be held responsible for the observance of this Regulation.
Operators shall be responsible for the travel-worthiness of all loads conveyed by them. Precautions shall be taken to lash all loads properly. Loads projecting from vehicles shall be securely lashed and in daytime a red flag and during darkness a red light or red reflective material shall be attached to the extreme end of such projecting material.
The overhanging portion of the weight of a load from a point over the hub of the rear wheels to the end of the projections shall not exceed one quarter of the total load.
All vehicle movements within the mining area shall be carried out with due regard for the safety of pedestrians and other vehicles. A maximum speed restriction as identified in the different areas applies.
1.11. Excavation Operations
The Contractor responsible for the loading and hauling which may be dangerous to life and/or traffic shall provide and place, during daylight hours, clearly visible signs and during the hours of darkness, clearly visible lights at such excavations. (Lightning plants at all loading areas during night time)
1.12. Storage of Flammable Substances
Flammable substances may not be brought onto Company property without the prior written consent of the Company. Quantities shall be limited to the absolute minimum required and shall be stored within a bund facility which complies with Company standards, procedures and special instructions. Storage capacity must comply with applicable bund design storage requirements based on the material stored i.e. 110% for low hazard chemicals, 125% for dangerous goods e.g. Petrol. Adequate fire protection and emergency shower shall be provided. Company procedure in regard to hazardous materials handling, storage, disposal and correction of spillage needs to be adhered to at all times.
1.13. Erection of Temporary Buildings
Temporary buildings for office accommodation and/or storage facilities shall not be erected without prior consultation with the Company. The site and type of construction must meet with the approval of the Company’s appointed responsible official. Storage facility shall be assessed for compliance as per environmental and legal requirements. No construction activity or listed activity in terms of the Act shall be undertaken without written authorisation from the Company.
1.14. Waste Removal
Waste material will be managed in accordance with the Company’s Standards, policies and procedures. Arrangements shall be made with the Company to remove and dispose of scrap/waste at laid down intervals.
1.15. Fire Protection
The Contractor must obtain copies of the Company’s fire procedures, standards and policies before commencing work. The Contractor must train his staff with Company fire protection requirements.
Whenever cutting operations are being carried out, working with flammable material, liquids or chemicals, adequate means of firefighting equipment must be kept available for use in the event of a fire.
No open or unattended fires are allowed within the Company property.
1.16. Wild Animals
Hunting and snaring of wild animals is strictly forbidden. The Contractor must observe the Company’s policies and procedures with regard to encountering wild animals on the Company’s property.
2. supervision Instructions
The Contractor is responsible for all its employees including supervisors, staff, operators, agents, representatives and officers when on duty or on Company property. The Contractor shall employ suitably qualified and experienced supervisors to manage direct and control all employees and operators on each shift while performing its duties and scope of work.
The Contractor shall appoint a representative who will manage the Contract on behalf of the Contractor (Contract Manager). The Contract Manager will take responsibility for the Contract implementation and will liaise with the Company’s representative on all matters relating to the Contract.
The Company will appoint a representative (the Company Representative) who will liaise, manage, direct and control the Contract Manager.
All work carried out by the Contractor shall be under the constant supervision of a competent Contractor’s supervisor. The appointment of responsible persons shall not be restricted to the requirements of the MHSA and OHSA but may incorporate all relevant legislation pertinent to the activities. A person so appointed shall, when he/she proceeds on leave or is absent from the construction site for a period exceeding three (3) days, give due notice of such absence.
A Health and Safety Representative(Alternate) shall be elected per shift by the working group as per the MHSA or designated as per the OHSA regulations to act as a channel of communication, regarding safety related matters, between workers and first line supervisors.
The designated Health and Safety Representative(s) shall be required to attend all Health and Safety Committee meetings while employed on the mine. If shift rotation is being worked, then nominated Health and Safety representatives will attend.
2.1. Insurance
The Contractor shall carry adequate insurance (to the satisfaction of the Company) to cover public liability and third party claims. Proof of Workman’s Compensation registration must be produced.
2.2. Record Keeping
The Contractors shall maintain on-site the following records (Personal details of employees.) in respect of each employee:
· Full names of applicant
· Place of birth
· Date of birth
· Nationality
· National identity number or passport number
· Residential address (not PO BOX Number )
· Next of kin.
2.3. Working Hours
Hours worked must comply with those defined in the Labour Relations Act, particularly with regard to limits on overtime. Any exemptions required should be requested through the Company with full justification.
Daily time sheets must be forwarded to the Company’s contractor management team on a daily basis.
2.4. Statistical Returns
The Contractor shall keep records of all persons in they employ on site, as well as hours worked, and such returns shall be forwarded to the Company’s Health and Safety Department at the end of each month. Failure to submit returns will result in payments due in terms of the Contract, being withheld.
2.5. First Aid facilities
Persons who are in charge of workmen shall be in possession of a valid First Aid Certificate. The Contractor shall ensure that there is at least one trained First Aider per shift present on site. The Contractor shall provide First Aid equipment at a suitable and accessible point whenever their employees are on shift. All First Aid equipment will comply with legal and Company requirements.
2.6. Risk Assessments and Codes of Practice
It is a legal requirement that no work be done unless all risks have been identified and assessed and that Codes of Practice / Procedures are drawn up for all critical tasks. This is done to ensure that adequate mediatory measures are in place to manage the subsequent health and safety risk and/or environmental impacts. In instances where a Code of Practice has already been drawn up, the Contractor shall be required to instruct employees on contents thereof for incorporation into safe work procedures.
Documentation of such Risk Assessments must be forwarded to the Company’s Health and Safety department and a copy kept with the relevant Contractor.
2.7. Reporting Accidents
All accidents or incidents shall be reported and investigated in accordance with the Company’s policies and procedures. The Contractor shall obtain a copy of the relevant accident and incident reporting policy and procedures from the Company’s Health and Safety department.
All accidents/incidents shall be reported immediately and no later than the end of the shift on which the accident occurred. Incidents must be reported by the end of the shift. No Accident scene is to be disturbed unless authorised to do so.
2.8. Protective clothing
Suitable protective clothing (PPE) approved by the Company shall be issued by the Contractor to all their employees, free of charge. A record of all PPE issued, shall be kept by the Contractor and made available for inspection by the Company. As a minimum all PPE shall be SABS approved.
· Eye Protection
Suitable protection shall be used by all personnel when entering areas requiring eye protection and on operations such as grinding, chipping and concrete/cement handling operations.
· Head Protection
All personnel shall wear hard hats/Bumper caps approved by the GME in areas where head protection is required.
· Footwear and Clothing
All personnel shall wear safety boots/shoes that are in good condition and approved by the Company. Gumboots fitted with steel toecaps are permissible in areas where water will affect the use of safety boots. (Permission from Company required.)
· Hearing Protection
Appropriate hearing protection shall be provided and worn as determined during the risk assessment process and will be displayed on compulsory signage.
All such areas and machinery in excess of 85dBA shall be clearly demarcated with the appropriate signage and employees are to be briefed accordingly.
· Safety Harnesses
No person shall work, or be permitted to work, in any position from which falling or slipping may result in injury.
Without derogating from the above, such person shall at all times be secured by means of a safety harness.
Safety belts may only be used when permission is granted by the Company.
· Pollution Control Equipment
In any area where hazardous materials such as oils, grease, solvents, reagents etc. are stored and used, appropriate pollution control equipment (oil and chemical spill kits) must be available to contain spills.
2.9. Key Personnel and Curricula Vitae (CV)
The Contractor shall provide the Company with all CVs of key personnel which includes all supervisors. Key personnel may not be changed by the Contractor without the prior consent (in writing) of the Company.
The Company may require the Contractor to appoint key personnel in terms of the Mine Health and Safety Act (Act 29 of 1996) and Regulations. Copies of all appointments must be maintained by the Contractor and kept in a secure place for inspection by the Company.
2.10. Compliance/Non Compliance
The Company may refuse entry to any Contractor (including its employees, supervisors, staff, operators, agents, representatives and officers) if such employees, supervisors, staff, operators, agents, representatives and officers act in a manner that contravenes the Company’s policies, procedures, standards and special instructions or any relevant legislation.
The Contractor must comply with all Company policies, procedures, standards and special instructions relevant to conditions of employment. The contractor shall comply with all relevant legislation including:
· The Basic Conditions of Employment Act, 1997;
· Labour Relations Act, 1995;
· Employment Equity Act, (Act 55 of 1998);
· Unemployment Insurance Act (Act63 of 2001);
· Manpower Training Act,1981;
· Skills Development Levies Act (Act 9 of 1999).
2.11. Organogram Structures
The Contractor shall provide the Company with a manpower structure or organogram which clearly identifies:
· Reporting structure of key personnel for the works
· Names and designations of key personnel for the works
· Shift information
An example of an organogram/manpower structure is illustrated in Figure 1.
Figure 1: Example of Organogram
2.12. Shift Structures
The Contractor must explain and describe the shift structures that it will be using for the duration of the works. In addition the company requires that the Contractor demonstrates that the shift structure will have sufficient hours to achieve targets for the production period.
Example of shift structures:
· Morning Shift: 06h00 - 14h00
· Afternoon Shift: 14h00 - 22h00
· Night Shift: 22h00 - 06h00
The Contractor will perform its duties seven days per week and 365 days per year.
2.13. Mining Experience and Track Record of Contractor
The contractor must supply the Company with their capability statement and it should describe their areas of expertise and experience with respect to load and haul contracts in the mining industry. The Contractor must supply a recent history (last 3 years) of relevant load and haul mining contracts. The list of recent contracts should be listed as per Appendix 2.
3. Load and haul scope of work3.1. Purpose
The Contractor is required to load and haul dolerite waste material from the Automilling plant to Dump 4 and also maintain the road used to and from the dump by grading and dust suppression.
The contractor will be loading from the waste bins and the contractor will be provided with the loading locations and the delivery locations, as well as the routes to follow while hauling the material. The Company shall instruct the Contractor which routes may be used by the empty (returning) trucks.
The quantity of moved waste dolerite will be measured using the scale and also the waste bin change in stock.
3.2. Load and Haul Rate
The load and haul costs must be expressed in terms Rand per ton (R/t). The costs must be reported separately and will depend on the type of material, the loading location and the final destination of the loaded material.
The cost estimate must be completed according to Appendix 3.
3.3. Haul Routes and Destinations
The loading locations, distances and destinations are indicated in Appendix 3. The distance from Automilling plant to dump 4 is indicated in Appendix 3. The Contractor must estimate its cost to perform the work according to the provided distance.
3.4. Load and Haul – Waste dolerite material loading plan
Figure 2: Mass balance and PFD of the automilling plant
Approximately 1450 tons of waste material will be produced on a daily basis as per Lift 2 mass balance. This quantity of waste must be hauled to dump 4. The waste production rate is 64.74 tons per hour.
Table: Indicative planned waste dolerite load and haul
The trucks used for loading the waste material should be able to withstand dolerite waste material falling at a rate of 1.17metres per second with the bin discharge point being 5metres from the ground.
Waste bin operations
The contractor will be responsible for ensuring that the waste bin level are maintained to a good operating level that will not result in plant stoppage and also have an operator who will be responsible for controlling the waste bin feed gate that discharges waste material to the trucks.
3.5. Contract Duration
The waste dolerite rock hauling contract will start on the commencement date and will be reviewed after three years.
3.6. Workshop or Lay down Area (Off site)
The Contractor will be responsible for its own lay down area which shall be located off the Company’s property.
3.7. Buildings
The Contractor must make provision for all buildings required to perform the work and may include:
· Designated site clearance;
· Offices;
· Toilets;
· Kitchen facilities;
· Shower facilities.
The Company shall approve entry to the property for all buildings required by the Contractor to perform the work. The Company shall designate an area for the Contractor to locate all necessary buildings.
The Contractor must liaise with the Company in order to connect power, water, and sewage to all necessary buildings. The cost of all connections will be for the account of the Contractor and must be included in the mobilisation and de-mobilisation costs.
3.8. Accommodation
The Contractor must make its own arrangements for the accommodation of its employees off site.
3.9. Waste Removal
Waste removal from all buildings, toilets, and place of work will be for the account of the Contractor. Waste removal must be arranged with the Company who will direct the Contractor how and when to remove waste.
3.10. Preliminary and General (P&G)
Time related charges as well as Preliminary and General Charges (P&G) must be estimated separately from the rates based cost estimate. The Contractor must describe the P&G calculation and provide the Company with an explanation of the P&G cost estimate as indicated in Appendix 4.
3.11. Mobilisation and De-Mobilisation Costs
The Contractor shall keep the cost of mobilising crews and equipment to the site of the work separate and independent from all other costs. The de-mobilisation cost to remove all equipment, machinery and buildings must also be reported separately as indicated in Appendix 4.
3.12. Fuel Cost Adjustment
The fuel cost is expected to fluctuate during the Contract period. The actual fuel cost for any month is based on the average fuel cost for that month which lasts from the first day of the month to the last day of the month, both days inclusive.
The load and haul rate must be split into Fuel Costs and Other Costs (labour, maintenance, lubrication, repairs, tyres and other).
Load and Haul (R/t) = Base Fuel Costs (R/t) + Other Costs (R/t), or
Load and Haul (R/m3) = Base Fuel Costs (R/m3) + Other Costs (R/m3), or
Load and Haul (R/h) = Base Fuel Costs (R/h) + Other Costs (R/h).
Other costs will be kept constant for the year until increased by the Annual Price Increase according to PPI.
The percentage increase or decrease in the Fuel Cost is calculated by comparing the Base Fuel Cost to the increase/decrease. The Base Fuel Cost is calculated as the average fuel cost for the month preceding the signature date of the Contract.
The adjustment to the Fuel Cost is calculated as follows:
Adjustment = Average actual Fuel Cost/Base Fuel Cost
The Load and Haul Rate is adjusted by multiplying the Base Fuel Cost by the Adjustment Factor. The Company shall authorise all adjustments in writing prior to any invoices being prepared by the Contractor and prior to any payments being made by the Company.
Monthly records of the Base Fuel Cost and Adjustment Factor must be maintained by the Contractor
3.13. Safety Incentive / Penalty
Safety targets shall be set by the Company from time to time. The safety target shall include:
· Fatal injuries = 0 (zero fatal accidents);
· Lost Time Injury (LTI) Rate = Company Target (adjusted for surface operations).
Fatal accidents and LTIs will result in an investigation by the Contractor and the Company to determine all contributing causes. Fatal and LTI accidents may result in the suspension and cancellation of the Contract.
Cognisance will be taken of the Contractor’s safety record during the annual increase negotiation.
3.14. Construction Crews
The Company may require ad-hoc work to be performed by the Contractor from time to time. This ad-hoc work may include work descriptions such as:
· General construction;
· Safety berm construction on tipping points;
· Erecting signage;
· Housekeeping;
· Other.
All must be included in the rate as tendered by the contractor.
3.15. Annual Price Increases
Rates will be reviewed on the anniversary date of the signed Contract. The Contractor must state how the prices and costs will be increased on an annual basis. The Contractor may use the Producer Price Index (PPI) as a basis for increasing load and haul rates. Any increase will need to be negotiated with the Company and the subsequent agreement confirmed in writing and signed by both parties.
3.16. Fuel Delivery / Dispensing / Storage
The Company will provide the contractor with fuel tag which will enable the Contractor to take fuel (only diesel) from the PC lube bay. The Contractor shall make provision for providing its own lubes as well as lube storage and dispensing facilities. The provision for lube storage and dispensing should be included in the mobilisation and de-mobilisation cost estimate. The Contractor will replenish lubes in the storage facility at its own cost. Lube storage facilities shall adhere to all Company policies, procedures, standards and special instructions.
DIRECTORATE SOUND MINING HOUSE
P POTGIETER, B Ing Mynbou 2A Fifth Ave Rivonia 2128
D VAN BUREN, BSc (Hons) Geology PO Box 97194 Petervale 2151
M LOTRIET, BSc Min Eng (Hons), PMP, FSAIMM Tel No : +27 (0) 11 234 7152
G P STRIPP, BSc Min Eng (Hons), MSc PhD, FSAIMM, FMVSSA Reg No : 2002/002265/07
V G DUKE, PrEng, PMP, BSc Min Eng (Hons), MBA, FSAIMM, MECSA, MPMI, MMASA Website : www.soundmining.co.za
Appendix 1
Equipment and Machinery List
Type
Model
Size or Capacity
Complement (No. off)
Purpose
Comments
ADT Truck
Bell
From B30 to B40
3 (2 Operational and 1 standby)
Haul rock, tailings.
To be lined
Grader
Maintain haul roads
LDV
Supervision, logistics
Water bowser
Dust suppression
FEL
Maintenance of the dumping site (survey preparation)
The Table includes examples of Company requirements
Appendix 2
Recent Mining Contracts List
Project Name
Project Dates
Company Name
Contract Contact, Address, Tel. no.
Contract Value
Commodity
Description
Load and Haul
The Table includes examples of Company requirements.
Appendix 3
Load and Haul Cost Estimate
Area
Distance to Dump 4 (1 way) KM
SG
Automills waste bin
4
Unknown
Map from the tap-off dumping site to the crusher
Appendix 4
Mobilisation and de-mobilisation with P&G Time related Costs
Item
Description
Unit
Rate (Rand)
Quantity
Total Cost
1
Mobilisation
Lump Sum
1
1.1
Personnel Mobilisation
Lump Sum
1
1.2
Equipment Mobilisation
Lump Sum
1
1.3
Workshop Establish
Lump Sum
1
1.4
Offices Establish
Lump Sum
1
1.5
Other Items
Lump Sum
1
Mobilisation Total
2
De-mobilisation
Lump Sum
1
2.1
Personnel Mobilisation
Lump Sum
1
2.2
Equipment Mobilisation
Lump Sum
1
2.3
Workshop Establish
Lump Sum
1
2.4
Offices Establish
Lump Sum
1
2.5
Other Items
Lump Sum
1
De-mobilisation Total
3
Time Related P&G
Monthly
60
4
Overall Total
The Table includes examples of Company requirements
Palabora Copper
Contractor Mining
Accountant
Morning shift Supv
Off duty Supv
Night shift Supv
Afternoon shift Supv
Administrator
Clerk
Waste (Dolerite)Product (Magnetite & Carbonatite)
92.4870%30%46.2446.2464.7427.74
Ore Sorter Waste Bin 1 (Tons)Ore Sorter Waste Bin 2 (Tons)
200200
Bin Level @ HH (90%)Bin Level @ HH (90%)
180180
2.782.78
ORE SORTERS WASTE BIN CALCULATIONS
Waste will be discharged from
the bins into trucks using a
local control in the form of a
dead-man-switch. A low-low
level on the bin will prevent
opening of the discharge
chute. A proximity switch will
indicate and alarm that the
chute has not closed
correctly. A local display of
the bin levels, such as a light
system, will be visible to the
truck driver / discharge chute
operator who will control the
loading of the trucks.
Basis
Ore Sorter 1 Feed (t/h)Ore Sorter 2 Feed (t/h)Ore Sorter 1 & 2 Waste (t/h)Ore Sorter 1 & 2 Product (t/h)
Actual Time (Hours) to fill the Bin @ HH 90% Level
Trucks Required
Ore Sorter Split (%)
Ore Sorter Total Feed (t/hr)
Bin CapacitiesDistance from Ore Sorter Waste Bin to Dump 4 (KM's)
4
Truck Capacities (Tons)
16
Jan-17Feb-17Mar-17Apr-17May-17Jun-17Jul-17Aug-17Sep-17Oct-17Nov-17Dec-17
Days in a Month312831303130313130313031
Production (t)403003640040300390004030039000403004030039000403003900040300
Jan-18Feb-18Mar-18Apr-18May-18Jun-18Jul-18Aug-18Sep-18Oct-18Nov-18Dec-18
Production (t)403003640040300390004030039000403004030039000403003900040300
Jan-19Feb-19Mar-19Apr-19May-19Jun-19Jul-19Aug-19Sep-19Oct-19Nov-19Dec-19
Production (t)403003640040300390004030039000403004030039000403003900040300
CONSULTANTS TO THE MINING INDUSTRY
General Provisions of
contract.pdf
General Provisions 1. Appointment and Supply
Arrangements
1.1 Palabora hereby appoints the Supplier to render services or supply products in accordance with the scope of work as described in Schedule ( ) of this contract.
1.2 The Supplier hereby accepts the appointment subject to the terms and conditions in this contract.
1.3 the Supplier will in accordance with Schedule ( ) and the terms of this contract:
(a) Provide the Services from Site to Delivery Point for the duration of this contract or within the Specified Period, as the case may be; and/or
(b) Supply the Products ordered by Palabora to the Delivery Points during the Term or within the Specified Period, as the case may be
1.4 Palabora may, in writing:
(c) nominate a further Site or an alternate Site; and/or
(d) nominate a further Delivery Point and/or an alternate Delivery Point
for the provision of Services in terms of this Contract.
1.5 The Supplier will undertake all necessary actions as required to ensure an uninterrupted supply of Services or Products to Palabora.
1.6 The Supplier will assume professional and technical responsibility for the performance of its services to Palabora.
1.7 The Supplier shall execute its services in accordance with the recognised professional standard employed by other Suppliers performing service of a comparable nature.
1.8 The Supplier undertakes that the Product shall be delivered to the delivery point in its entirety and as collected.
1.9 The Supplier will comply with Specific terms contained in this Contract.
1.10 The Supplier must in supplying Services:
(a) use best endeavours not to interfere with any of the activities conducted by Palabora or the activities of any other person at the Site;
(b) comply with and ensure that their Personnel comply with:
(i) all applicable laws, regulations and industrial awards and agreements;
(ii) all drug and alcohol, safety, health and environment guidelines, rules and procedures provided to Palabora;
(iii) all reasonable directions and orders given by Palabora’s representatives; and
(iv) Palabora’s “Code of Conduct”;
(c) ensure that the Site is left secure, clean, orderly and fit for use;
(d) ensure that its Personnel complete Palabora’s safety induction and visitors site orientation programs before commencing work at the Site, this shall be done at the Supplier’s cost; and
(e) obtain at Supplier’s own expense any necessary licences or permits for the supply of Services to Palabora.
1.11 The Supplier acknowledges that Palabora does not guarantee any minimum level of availability of work for the entire duration of this Contract.
1.12 The Supplier guarantees that it is aware or ought to be aware of any legislation and/or law that is relevant for purposes of the Supplier to fulfil its obligations under contract.
1.13 The Supplier guarantees that all the representations made by it are legit and verifiable, should there be a need, the Supplier shall, at no cost, corporate with and assist Palabora to verify its standing and representation in terms of clauses 46.10 and 46.11 of this contract.
1.14 The Supplier’s performance under this contract shall be evaluated and assessed quarterly, after every three months, in accordance with the required performance standard which accord with this contract.
1.15 The Supplier shall within 7 (seven) days of being informed of its failure to meet the performance standard of Palabora, inform Palabora in writing of the reason for its failure to perform. Thereafter the Supplier shall forthwith develop action timetables to address those areas of performance in which there was an adverse finding at no additional cost to Palabora.
1.16 The Supplier shall strive to do all things reasonable during the term of this Contract, at no additional cost to Palabora, to comply with and/or improve its achievements of the performance standards of Palabora
2 Duration
2.1 This Contract shall commence on the Effective Date and shall subject to the rights of termination stipulated in this contract, it shall terminate unless renewed in terms of clause 2.2.
2.2 There shall be no option to renew this Contract after expiry of the term, unless the Parties agree otherwise in writing.
3 Existing supply arrangements
3.1 The Supplier acknowledge that:
(a) supply arrangements may exist between Palabora and any other party, not a party in this Contract, in respect of the Services as at the Effective Date; and
(b) Palabora does not have any obligation to the Supplier to seek to alter, modify or terminate any of the supply agreements referred to in clause 3.1 (a).
3.2 Any current supply agreement between the Supplier and Palabora will be superseded by this contract with such agreements being terminated with effect from the day preceding the Effective Date.
3.3 Termination of any current supply agreements in accordance with clause 3.2 will be without prejudice to any rights of either party against the other which accrued prior to the time of termination or which otherwise relate to or may arise at any future time from any breach or non-observance of Obligations under those agreements which arose prior to the time of termination.
4 Price
4.1 The Services will be supplied by the Supplier to Palabora for the Prices.
4.2 The Prices will:
(a) if a Price Adjustment Mechanism is specified under this contract, be adjusted in accordance with the Price Adjustment Mechanism; and
(b) if a Price Adjustment Mechanism is not specified in this contract, be fixed for the Term.
4.3 Unless this contract specifies otherwise, the Prices are inclusive of:
(a) the costs of delivery by the Supplier to the relevant Delivery Point;
(b) the costs of services and
(c) VAT and all other Taxes.
4.4 If VAT has application to any supply made by the Supplier under or in connection with this contract, and the
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consideration payable or to be provided under or in connection with this Contract is expressly stated to be exclusive of VAT, the Supplier may, in addition to the consideration payable or to be provided for the supply, subject to issuing a Tax Invoice, recover from Palabora an additional amount on account of VAT, such amount to be calculated by multiplying the amount or consideration payable or to be provided by Palabora for the supply by the prevailing VAT rates.
4.5 To the extent that any monies payable to Palabora under this contract are regarded as consideration for a supply made by Palabora, Palabora will be entitled to recover an additional amount from the Supplier for the relevant supply, being equal to the amount payable to Palabora multiplied by the prevailing VAT rate.
4.6 If, during the Term the Supplier or its agents and/or dealers (“Supplier Entity”) provides the Products and/or Services to a third party customer (“Customer”) on a term or terms (“More Favourable Term”) which, in Palabora’s reasonable opinion, is or are more favourable to the Customer than the term or terms under this contract, then all amendments necessary to this contract so as to match the relevant More Favourable Term will be made. Such amendments will have effect on and from the date the More Favourable Term first applied to the Customer and the Supplier will make all necessary reimbursements and adjustments in favour of Palabora as are required to give effect to those amendments.
4.7 For the purposes of clause 4.6, the Supplier must:
(a) notify Palabora as soon as possible after it becomes aware of any More Favourable Term; and
(b) at the request of Palabora, allow an independent auditor, nominated by Palabora, to report to Palabora on the Supplier’s compliance with clause 4.6
5 Payment
5.1 The Supplier will invoice Palabora, separately or independently, for Services rendered, which services shall be in accordance with Schedule ( ), scope of work, in this Contract.
5.2 All Tax Invoices, Prices and payments must be stated and made in South African Rands.
5.3 The invoice must be calculated by reference to the prices, fees or other amounts specified in the schedules to this Contract dealing with price and specifications.
5.4 Palabora must make payment within 30 days from the receipt of the relevant Statement by the nominated Palabora representative, unless Palabora disputes any of the charges therein.
5.5 The invoices must be in a form acceptable to Palabora and must contain the following information:
(a) the number of the purchase order to which the invoice relates;
(b) a brief description of the Supply and/or services provided in the period covered by the invoice;
(c) any further verification or documentation in relation to the invoice as is reasonably required by Palabora such as time sheets and reimbursable costs.
5.6 If Palabora disputes any amount shown on the invoice it must notify the Supplier within 21 (twenty) days of receipt of the invoice and must pay any amounts not in dispute in accordance with Clause 5.4, such a payment should not be construed as an admission of liability on disputed amounts.
5.7 If the Supplier discovers or is advised of any errors or exceptions in relation to any of its invoices, the Supplier and Palabora will jointly review the nature of the errors or exceptions, and the Supplier must, if appropriate, take prompt corrective action and adjust the relevant invoice or refund the overpayments.
5.8 Payment will be effected by bank transfer.
5.9 Palabora’s liability towards the Supplier will be deemed to have been met when the bank transfer is made or payment is made.
5.10 The Supplier assumes the entire risk upon the bank transfer being made or upon receipt of payment.
5.11 The Supplier will ensure at all times that Palabora has the correct banking details in order to make payment by bank transfer.
5.12 If the Supplier fail to include an amount payable to it on an invoice, Supplier must notify Palabora of the claim within 30 days after delivery of such invoice. Any such claim not made within the 30 day period is deemed waived.
5.13 Without limiting any other remedy available to the Supplier, Palabora may deduct, set-off or withhold amounts due to Supplier for:
(a) payment of any liability for breach of the contract;
(b) the cost to remedy any non-
compliant Services due to breach of warranty;
(c) an amount required to be
deducted under any applicable laws; or
(d) any other amount payable to
Palabora under the contract.
5.6 Supplier must make prompt payment of all debts or liabilities incurred by it in connection with this contract. Subject to applicable laws, by accepting payment, Supplier waives and releases all rights
to, and at Supplier’s cost will obtain prompt removal of, any mechanics’, materialmen’s, mining or similar lien, hypothec or claim against Palabora or Palabora’s assets, that then exist or that may arise with respect to the Services provided on or before the date of the relevant invoice. All payments to the Supplier, under this contract, are contingent on until the Supplier provide a proof of compliance with this Clause to Palabora upon request.
6 Warranties
6.1 The Supplier represents, warrants and undertakes that the Services:
(a) will be fit for purpose for which these types of Services are commonly acquired;
(b) will be performed with due care, skill and diligence;
(c) will be free from any errors, omissions or other defects for 18 months from completion of the Services; and
(d) will meet the relevant Standards.
6.2 The Supplier represents and warrants that there is and will be no claim to, or infringement of, any Intellectual Property Rights embodied in the Products and/or Services or arising out of the manufacture, sale or use of the Products and/or sale or use of the Services.
6.3 Without limitation to any other remedy available to Palabora under this contract or otherwise, if the Supplier is in breach of any of the Warranties, then the Supplier must, at the election of Palabora, and at the Supplier’s cost (including all relevant transportation and labour costs), re-perform the Service to Palabora’s satisfaction or Palabora direct a way to deal with whichever kind of a breach.
6.4 These Warranties are in addition to any other warranties that the Supplier may provide in respect of the Services, which warranties must not restrict or limit the Warranties set out above.
6.5 If the Supplier is unable or unwilling to provide the Services in accordance with this contract, Palabora may outsource such part of the Services from another party other than a party in this Contract, and the Supplier will be responsible for all incremental costs accrued to Palabora as a result of the Supplier’s failure to provide the Services in terms of this Contract. The outsourcing shall be until Palabora is reasonably determined that the Supplier will resume with the performance of the relevant part of the Services and in accordance with this contract.
7 Termination
7.1 This contract will be deemed to commence on the Effective Date and will remain in force, unless terminated earlier pursuant to this contract, until the end of the Term.
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7.2 Palabora may terminate this contract by giving the Supplier not less than 30 (thirty) days written notice if:
(a) the Supplier fails to remedy a breach of a material term of this contract within 30 days of written notice of such breach;
(b) the other party becomes the subject of bankruptcy, liquidation or winding-up procedures or otherwise becomes insolvent; or
(c) the Supplier or any of its employees or subcontractors embarks in any form of Industrial Action on Palabora’s premises or on any of the property deemed to be Palabora’s private property and which may as a result of this action tarnish Palabora’s name or reputation
7.3 Palabora may terminate this contract by giving the Supplier a written notice if:
(a) the Supplier is unable or ceases for any reason whatsoever to conduct its normal line of business in the ordinary and regular manner; or
(b) the Supplier compromises or attempts to compromise generally with the Supplier’s creditors; or
(c) any of the Supplier’s assets are attached under writ of execution and the Supplier fails within 10((ten) Business Days of such attachment to take the necessary steps to have such attachment set aside and thereafter pursue such steps with due diligence; or
(d) any final and unappealable judgement against the Supplier in excess of R100,000.00 (one hundred thousand Rand) remains unsatisfied for a period of 10 (ten) Business Days; or
(e) the Supplier’s members effectively resolve otherwise pursuant to a reorganisation, reconstruction or amalgamation to voluntarily wind up the Supplier; or
(f) the Supplier fails to timeously report an incidence or event contemplated in clause 33 to Palabora; or
(g) the Supplier, or its Personnel fail to comply with any Health, Safety or Environmental regulations, which non-compliance presents, in the Palabora’s reasonable opinion, a material threat to health, safety or the environment; or
(h) the Supplier, without the prior consent of Palabora in writing:
(i) undergoes a reorganisation or reconstruction; or
(ii) amalgamates with or is acquired by or acquires another party,
and as a result, in the opinion of Palabora, has or would have a conflict of interest with Palabora in continuing with this contract; or
(i) Palabora permanently or temporarily ceases its Product/s mining operations for any reason whatsoever; or
(j) in the sole discretion of Palabora, the product export market and/or prices are not financially viable.
Termination under this sub-clause 7.3 shall be effective immediately upon receipt of the notice by the Supplier or any other reasonable date agreed with between the parties.
7.4 Upon termination of this Contract, pursuant to any termination, the Supplier must:
(a) provide Palabora with all information and co-operation to enable the personnel of the Palabora, or that of any other party nominated by Palabora to fully and effectively take over the performance of the Supply;
(b) co-operate with Palabora to facilitate a smooth, efficient and effective takeover of the performance of the Supply;
(c) return to Palabora any items issued to the Supplier by the Palabora during the Term; and
(d) take any other action relating to the termination of the Contract as Palabora may reasonably require.
7.5 The Supplier fails to comply with legislation and/or law that the Supplier ought to have known for purposes of fulfilling its obligations under this contract.
7.6 If this contract terminates, then the supply arrangements automatically terminates on the same date. If this contract is terminated, the only amounts recoverable by Supplier shall be limited to amounts due by Palabora to the Supplier for the Services actually provided prior to the date of the termination.
7.7 Termination will be without prejudice to any rights of either party against the other which accrued prior to the time of termination or which otherwise relate to or may arise at any future time from any breach or non-observance of Obligations under this contract which arose prior to the time of termination.
7.8 The Supplier acknowledges and agrees that the Warranties and Palabora’s remedies survive termination of this contract.
7.9 Palabora reserves the right at any stage during the term of this agreement to test the market
(a) to ensure just and fair prices are paid;
(b) should Palabora’s requirements change; and
(c) if in Palabora’s opinion the level of service/quality of goods does not meet with Palabora’s requirements or approval.
In such instances, the supplier may be given the opportunity to quote.
If the supplier is given an opportunity to quote and be unsuccessful in its bid, the current Contract will be terminated with the supplier by giving 30 (thirty) days written notice.
8 Indemnities
8.1 The Supplier acknowledges that if the Supplier enters onto any Site, it does so at its own risk. The Supplier must ensure that the Supplier’s Personnel are also aware that they enter onto the Sites at their own risk.
8.2 The Supplier will indemnify (and will keep indemnified) Palabora from and against all liability, loss and/or damage of any kind whatsoever that Palabora suffers, sustains or incurs, arising directly or indirectly from:
(a) the illness, injury or death of any of the Supplier’s Personnel arising out of or in any way related to this contract;
(b) any personal injury, illness or death to any person or damage to any property (including Palabora’s and any of Palabora’s Personnel’s) or any other loss or damage of any kind whatsoever caused or to the extent contributed to by:
(i) any breach by the Supplier of this contract; and/or
(ii) any negligent act or omission by the Supplier or its Personnel in connection with this contract; and/or
(iii) any non-compliance with applicable legislation or regulation.
(c) any claim made against Palabora by any of the Supplier’s Personnel in respect of relevant legislation concerning income tax, workers compensation, annual leave, long service leave, prescription or any
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applicable award, determination or agreement of a competent industrial tribunal; and
(d) any penalty imposed for breach of any applicable law in connection with the performance of any of the Services caused by any act or omission of the Supplier or the Supplier’s Personnel.
8.3 Every exemption, limitation, defence, immunity, indemnity or other benefit contained in this contract or otherwise to which Palabora is entitled will be held by Palabora to the benefit of, and will extend to protect, Palabora’s officers, employees and agents.
8.4 The Supplier’s obligation to indemnify Palabora with respect to liability, loss or damage under clause 8.2, will be reduced to the extent that any such liability, loss or damage is directly caused by Palabora’s negligence or wilful default.
9 Insurances
The Supplier must effect and maintain throughout the Term, at the Supplier’s expense, the insurances as specified in Schedule ( ) and in accordance with the provisions as set out in Schedule ( ).
10 Assignment
10.1 Neither party may assign its rights under this contract without the prior written consent of the other party (which consent cannot be unreasonably withheld)
10.2 Notwithstanding Clause 10.1 above, the Palabora may assign all or any of its rights under this contract to any of its affiliates without the Supplier’s consent.
11 Sub-Contracting
11.1 If the Supplier delegates, sub-contracts or outsources any of the Supplier’s Obligations under this contract at any time, the Supplier will remain liable to Palabora for the performance and discharge of the delegated and/or sub-contracted and/or outsourced Obligations under this contract.
11.2 The Supplier shall subcontract reputable subcontractor, relevant for the provision of services to Palabora in terms of this Contract unless a regard is due to clause 46.
11.3 It is the responsibility of the Supplier to timeously pay all amounts due to any appointed sub-contractor by the Supplier for the purposes of supplying providing any Service to Palabora.
11.4 If Palabora requires, the Supplier must procure that each subcontractor signs a duty of care letter in terms of which it:
(a) undertakes to fulfil its obligations, arising out of any contractual relationship with the Supplier, directly to Palabora in the event that the Supplier is unable to fulfil an
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