Tender for the construction of civil works for a generator farm

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2. Evaluation of bids............................................................ 11

1.25 Only those tenderers who score a minimum score of 70 points and above in respect

of the functionality criteria will be considered.

1.26 The functionality criteria is contained towards the end of this document.

minimum quality criteria may be invited to an interview if there need arises.

2. Evaluation of bids

B1 – financial offer forms

MTF 01: Financial Offer and Price Declaration

SBD 6.1: Preference Points Claim Form in terms of the Preferential Procurement

mandatory prequalification, mandatory technical, functionality, price and specific

The purpose of this tender is to invite suitably contractor to submit proposals for the Mintek

Generator Farm Civil Works. The services are required at Mintek’s premises located at 200

Malibongwe Drive, Strydom Park, Randburg.

The civil works described in this scope of works relate to the construction of a generator farm and

associated infrastructure at Mintek’s facility in Randburg, Gauteng. The work is carried out in two

phases and comprises earthworks, concrete plinths and transformer bays, a cable trench system,

storm water drainage, yard surfacing, and perimeter fencing.

The works are to be executed in accordance with the Contract Documents, the project drawings

issued (Drawing Nos. DU2601-01, DU2601-02 and DU2601-05 see appendixes), and the

applicable SANS 1200 Standardised Specifications read together with Civil Engineering

Quantities, 1990 (SAICE). All concrete shall comply with SANS 920–2011.

The works are to be executed on an operational facility, and the Contractor shall at all-time

conduct his operations with due regard for the safety and continuity of Mintek's ongoing activities.

All works shall be carried out in strict compliance with the Occupational Health and Safety Act,

No. , and the Construction Regulations of 2014, as amended.

23.1 Site establishment

The Contractor shall establish on site prior to the commencement of any construction activities.

Site establishment shall include, but is not limited to, the following:

• Mobilisation of all personnel, equipment, tools and materials necessary to execute the

works.

• Establishment of a secure site compound, site facilities shall include at minimum a

contractor's site office, ablution facilities in compliance with the Construction Regulations,

a first aid station, and secure storage for materials and equipment.

• The Contractor is solely responsible for the provision of his own temporary power supply

and potable water for the duration of the contract.

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• No connections to Mintek's services will be permitted without prior written approval.
• Erection of temporary perimeter fencing or hoarding around the works area to secure the

site and prevent unauthorised access during construction.

• Site establishment shall include the supply and erection of a temporary security fence not

less than 1.8 metres in height, constructed from suitable materials such as diamond mesh

or shade netting on steel droppers, to demarcate the contractor's working area and

storage zone from the operational Mintek facility.

• Implementation of a site-specific Health and Safety plan compliant with the Occupational

Health and Safety Act (Act ) and applicable regulations.

• Preparation and submission of a Quality Assurance (QA) plan to the Engineer for approval

prior to the commencement of works.

• Liaison with Mintek’s facilities management and other contractors operating on site to

agree on construction access routes, working areas, and any interface or sequencing

requirements.

• Setting out of the works by a registered Engineering Surveyor, in accordance with the

drawings and to the approval of the Engineer.

• Identification and exposure of existing services within the works area, carried out by hand

where necessary, to prevent damage to buried infrastructure.

• Arrangement and maintenance of all temporary services required during construction,

including water and electrical supply.

• Implementation of all environmental controls, including dust suppression, waste

management and storm water pollution prevention measures.

• All temporary structures shall be maintained in a neat and orderly condition throughout

the contract period and shall be removed and the site restored upon completion of the

works.

• The Contractor shall ensure his own security which shall be subordinate to the main Works

security.

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Company Name: __________________________________ Initials: __________

Mintek Request for Proposal

23.2 Earthworks

23.2.1 Site Clearance

Prior to the commencement of earthworks, the Contractor shall clear and grub the site within the

designated works area, including the removal of all vegetation, trees and stumps up to 1m girth,

and any boulders present. All cleared material shall be legally disposed of off-site.

Topsoil shall be stripped to a nominal depth of 150mm over approximately 900m2, stockpiled

within the site compound, maintained, and subsequently used on embankment areas as directed.

The Contractor shall retain disposal certificates and make these available to the Engineer on

request.

23.2.2 Location and Marking of Existing Services

Prior to any excavation, the Contractor shall be responsible for locating, identifying, and marking

all existing underground and above-ground services within and adjacent to the works area. This

shall include but not be limited to water mains, sewer lines, electrical cables, telecommunications

cables, and any process-related pipework. The Contractor shall engage with the relevant Mintek

facility team and utility service providers to obtain as-built drawings and service location

information.

Trial holes shall be excavated by hand where uncertainty exists regarding service positions. All

identified services shall be clearly marked on the ground surface with paint, stakes, or other

durable markers prior to the commencement of bulk excavation. The Contractor accepts full

responsibility for any damage to services resulting from failure to adequately locate and protect

same.

23.2.3 Bulk Earthworks and Subgrade Preparation

Bulk excavation for the formation of the general terrace level shall be carried out to a depth of

approximately 250mm below finished ground level (FGL), as indicated on Drawing DU2601-01.

Excavated material suitable for fill shall be used for embankment construction; unsuitable material

shall be disposed of off-site. Provisional allowances are included in the schedule for excavation

in intermediate material and hard rock.

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Following bulk excavation, the in-situ subgrade shall be ripped and compacted to a depth of

150mm and compacted to not less than 93% of modified AASHTO maximum dry density over

approximately 720m2.

A layer of imported G7 subgrade material, 100mm in compacted thickness, shall then be placed

and compacted to not less than 95% of modified AASHTO maximum dry density over the general

terrace area. Compaction testing shall be carried out by an independent geotechnical laboratory

approved by the Engineer, with the cost of testing included in the Contractor's rates.

The Contractor shall ensure that all excavations comply with the Construction Regulations

regarding shoring, benching, and inspection of excavations, and that no person works in an

unsupported excavation of depth exceeding 1.5 metres without adequate support measures in

place.

23.2.4 Restricted Excavations

Restricted excavations shall be carried out for the following elements, including a 600mm working

space allowance where applicable:

• Equipment plinths B1 and B2 (14 off generators)
• Open cable trench and plinth B3 (transformer plinths)
• Transformer bay slab
• Buried cable trench (provisional, approximately 215m)
• Stormwater drainage pipes

Provisional allowances are included in the schedule for restricted excavation in intermediate

material and hard rock, to be expended only as instructed by the Engineer. The Engineer shall

inspect and approve all foundation excavations prior to the placement of blinding concrete or fill.

The Contractor shall carry out Dynamic Cone Penetrometer (DCP) tests on all excavation bottoms

and submit results to the Engineer for approval. The design assumes a safe bearing capacity in

excess of 150kPa.

Where directed by the Engineer, weak-mix trench-fill concrete shall be placed under plinths

abutting the cable trench to provide additional support to the founding strata. This item is

provisional.

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Company Name: __________________________________ Initials: __________

Mintek Request for Proposal

23.2.5 Embankment Finishing

Embankment slopes shall be trimmed by hand to a neat and even finish, over approximately

96m2, to the lines, levels and gradients indicated on the drawings.

23.3 Concrete works

The Contractor shall construct reinforced concrete plinths to support the following containers:

• Seven (7) off 20-foot standard shipping containers
• One (1) off 40-foot standard shipping container

The plinths shall be constructed in accordance with the structural drawings issued for the works.

Works shall include the supply and placing of all formwork, the cutting, bending, and placing of

all steel reinforcement in accordance with the reinforcement drawings, and the supply, placing,

and curing of concrete of the specified strength.

Formwork shall be of sufficient rigidity and quality to produce a sound and dimensionally accurate

finish.

Reinforcement shall be placed, tied, and supported on approved plastic or concrete chairs to

maintain specified cover at all times.

Concrete shall be properly vibrated to achieve full compaction and shall be cured for a minimum

of seven days using an approved curing method.

All works relating to concrete construction shall be executed in accordance with the applicable

requirements of SABS 1200G (Concrete, Reinforced Concrete and Precast Concrete Elements)

and SABS 1200D (Earthworks) as relevant to associated preparatory works.

Where any conflict exists between these standards and the project specification or drawings, the

more stringent requirement shall apply and the Engineer shall be consulted before proceeding.

23.3.1 General

All in-situ concrete shall comply with SANS 920–2011. Concrete strengths shall be as follows:

• Blinding concrete: 10MPa/19mm maximum aggregate size
• Structural in-situ concrete: 30MPa/19mm maximum aggregate size
• Reinforced cavity fill: 30MPa/13mm maximum aggregate size

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All unformed concrete surfaces shall receive a smooth steel float finish. All formed surfaces shall

receive a smooth finish. Exposed edges shall be chamfered 20mm x 20mm. No vehicles are

permitted on precast covers.

23.3.2 Formwork

Formwork shall be provided to all concrete elements as required by the design and in accordance

with the drawings. Rough formwork shall be provided to vertical edges of buried trench base

slabs. Smooth formwork shall be provided to the sides of all plinths, transformer bund walls, and

to plinth B3 faces as detailed. Chamfer strips shall be fixed to all exposed edges.

23.3.3 Reinforcement

All reinforcement shall comply with SANS 920–2011. Bar types are as follows:

• R-bars: Hot-rolled, plain round mild steel bars, characteristic yield strength FY = 250MPa
• Y-bars: Hot-rolled, deformed high-yield steel bars, characteristic yield strength FY = 450

MPa.

Minimum concrete cover to reinforcement shall be 40mm. Minimum lap length shall be 50 bar

diameters. The total reinforcement quantities are approximately 2.61 tonnes of high tensile steel

and 0.10 tonnes of mild steel. All reinforcement shall be approved by the Engineer before any

concrete is poured.

23.3.4 Blinding Concrete

Blinding concrete (10MPa/19mm) shall be placed as follows:

• 50mm thick blinding to plinths and slab bases over approximately 100m2
• 80mm thick blinding below inverted precast portal culverts to the cable trench, finished

with a smooth floated surface, over approximately 60m2 (provisional)

23.3.5 Structural Concrete

Structural in-situ concrete shall be placed as follows:

• 30MPa/19mm concrete: approximately 29m3 to transformer bay slab, cable trench base

slabs, and equipment plinths.

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• 30MPa/13mm cavity fill concrete: approximately 1.5m3 to the reinforced brick cavity walls

of the cable trench.

The transformer slab shall receive a power float finish over approximately 29m2. Trench base

slabs, plinths, bund walls and wall tops shall receive a steel trowel finish over approximately 70m2.

23.3.6 Precast Concrete Culverts and Covers

The open cable trench shall be constructed using inverted precast concrete portal culvert units,

1200mm wide x 900mm nominal bore (Rocla or similar approved), seated on a smooth flat RC

base with 80mm bedding concrete. A total of 28 units are required, giving an approximate trench

run of 17 080mm. Units shall be seated on two layers of 90mm wide malthoid over the top of the

brick cavity walls, to provide a seal and cushion for the removable covers.

Removable precast concrete cover slabs (610mm x 1440mm x 100/120mm thick, with recessed

seating) shall be supplied and placed over the portal culverts. A total of 38 covers are required.

Lifting lugs shall be provided by the precast supplier. The rate for covers shall exclude

reinforcement. Transport, cranage and placement of all precast elements are included.

23.3.7 Transformer Bund

The Contractor shall construct a transformer bund to the dimensions and details shown on the

drawings. The bund shall be constructed of reinforced concrete and shall be designed to contain

the full oil volume of the transformer it serves, with an additional freeboard allowance in

accordance with standard practice. The internal faces of the bund shall be finished with an

approved chemical-resistant waterproof coating or screed to prevent seepage of transformer oil

into the ground if so noted on the drawings. A sump or drain arrangement as shown on the

drawings shall be constructed to facilitate removal of any accumulated fluid. All works shall comply

with the relevant requirements of SANS and environmental regulations applicable to the

containment of hydrocarbon fluids.

23.3.8 Brick Cavity Walls

Reinforced brick cavity walls (270mm nominal cavity, solid brick skins) shall be constructed to

both sides of the cable trench above the precast culvert units, as detailed on Drawing

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DU2601-02. HDG wire cavity ties shall be provided. The cavity shall be filled with

30MPa/13mm concrete with reinforcement as detailed. A 230mm single-skin brick wall shall be

provided to the end(s) of the cable trench. Total cavity wall area is approximately 28m2.

23.4 Yard surfacing and drainage

Following completion of concrete construction, a non-woven geotextile fabric (200g/m2) shall be

placed over the full yard area, including minimum 300mm laps and 150mm turn-ups against all

concrete plinths and kerbs, over approximately 514m2.

A 100mm compacted layer of clean, single-sized 26.5–37.5mm crushed stone yard aggregate

(SANS 1083:2014 compliant, high resistivity, free from contamination) shall be placed over the

geotextile and lightly compacted to finished ground levels as indicated on Drawing DU2601-01.

Precast concrete barrier kerbs (100/150mm wide) shall be placed around the perimeter of the

yard stone area on a bedding and haunching concrete to contain the stone, approximately 103m

in total.

A 110mm PVC double-walled stormwater drainage pipe shall be installed to the cable trench,

including bedding and backfill, discharging to or connecting into the existing stormwater system.

Total length is approximately 21m.

23.5 Perimeter fencing

A 2.4m high anti-climb perimeter fence shall be installed around the generator farm in accordance

with the specification on Drawing DU2601-01, approximately 100m in total length. The fencing

system shall be the Invisible Wall high-security welded mesh panel system or equivalent

approved, and shall comply with the following:

• Panels: 3.305m wide x 2.4m high, high-density welded mesh with apertures too small for

finger or toe grip (anti-climb/anti-clamber design)

• Wire: Hot-dip galvanised, approximately 3.5mm diameter
• Reinforcement: 4 deep ‘V’ horizontal bands, 70° side flanges with internal anti-vandal

fixings, 90° top flange and 30° toe flange

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Company Name: __________________________________ Initials: __________

and format. Any additional particulars should be furnished on this document where

appropriate, or in a separate annexure.

1.11 Should the bidder desire to make any departures from, or modifications to this tender/

bid or to qualify its quotation in any way, the tender shall clearly set out its tender

departure/ modification as an Annexure, or alternatively state the content in a

covering letter attached to the tender proposal referred to herein, failing which, the

tender shall be deemed to be unqualified unless it conforms exactly with the

requirements of this tender. Unless otherwise specified and stipulated in writing, any

part of the tenderer’s tender/bid which deviates from any terms and conditions stated

within the tender document, shall be of no force or effect.

1.12 This tender document, together with associated forms and annexures, may NOT be

retyped or re-drafted, but photocopies or reprints may be prepared and used.

1.13 Bidders should check the numbers of the pages and satisfy themselves that none

are missing or duplicated. No liability shall be accepted in regard to claims arising

from the fact that pages are missing or duplicated.

1.14 The tender price shall be open for acceptance for a period of at least 90 calendar

days after the closing date of the tender. It should be noted that Tenderers may

offer a shorter validity period, but their bid may in that event, be disregarded for such

a reason. Tenderers shall clearly state whether or not prices will remain firm for the

duration of the contract. Only firm prices will be accepted. Non-firm prices (including

prices subject to rates of exchange of variations) will not be considered. In cases

where different delivery points influence the pricing, a separate pricing schedule must

be submitted for each delivery point.

1.15 Failure to have the Price declaration of this tender document signed by a duly

authorized person will constitute non-commitment by the bidder of the tender price,

and the bid will be invalidated.

1.16 All prices shall be quoted in South African currency and be VAT inclusive.

1.17 Mintek reserves the right to only accept part of the submitted bid by a supplier.

1.18 Mintek reserves the right to withdraw this tender.

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e. If the entity submitting a Tender is a Joint Venture or a Consortium or Partnership,

each party to that formation must submit all the above information. A JV /consortium

agreement must be submitted signed by all members of the JV.

f. The Tenderer must be in good standing to do business with the public sector in

terms of Regulation 38 of the Supply Chain Management Regulations (Government

Gazette May 2005).

g. Complies with the requirements of the Specification.

h. Adheres to Pricing Instructions.

i. Complies in full and observes the requirements of the Notice to Tenderers (if

applicable).

j. In addition to the terms and conditions stipulated in this document, for the Tender to

be considered responsive, the tenderer must submit the following tender information:

• A fully completed and signed tender form;

• The tenderer’s details;

• The necessary document authorising the Representative to sign and submit the

Tender on the Tenderer’s behalf;

• The Declaration by Tenderer.

6.1 The Tenderer shall supply all the price information required in the price schedule,

failure to do so shall invalidate the Tender.

6.2 No claim for price escalation will be considered unless it is specifically stated that this

Minimum functionality/qualifying score: 70

minimum score of 70

tax compliance status must be submitted with the tender proposal on or before the

tax compliance

tax compliance status

tax compliance status (TCS) or pin may also be made via e-filing

CSD registration number attached to their proposals

CSD number

CSD number must be provided

Central supplier database (csd) registration

Central Supplier Database

central supplier database (CSD), a CSD number must be provided

Joint Venture agreement, the JV must be registered on CSD, and the

1.7 A tax compliance status must be submitted with the tender proposal on or before the

1.8 Each party to a consortium/ sub-contractors must submit a separate tax compliance

status. Application forms for the renewal of/ or application for a tax compliance status

disclose the VAT registration number of the recipient, with effect from 1 March 2005.

4. Tax clearance requirements

4.3 Application for tax compliance status (TCS) or pin may also be made via e-filing. In

must submit a separate proof of TCS / pin / CSD number.

4.6 Where no TCS is available but the bidder is registered on the central supplier

database (CSD), a CSD number must be provided.

B-BBEE Details: ............. 23

24. Evaluation of the proposal ............................................ 33

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Company Name: __________________________________ Initials: __________

Mintek Request for Proposal

Section b: mintek tender forms (mtf) for completion

B1 – financial offer forms

• MTF 01: Financial Offer and Price Declaration
• MTF 02: Price
• MTF 03: Validity of Tender Price
• MTF 04: Form of Offer and Acceptance

B2 – standard bidding documents

• MTF 05: Service Provider Declaration Form and Experience
• MTF 06: Bank Details Form
• SBD 4: Bidder’s Disclosure
• SBD 6.1: Preference Points Claim Form in terms of the Preferential Procurement

Regulations 2022

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Mintek Request for Proposal

Tender document

Section a: tender instructions & requirements

1. Request for tender

Tender number: mtk 10/2026

TENDER CLOSING DATE & TIME: 09 October 2026 at 12:00pm

Any enquiries relating to the bidding procedure and technical

Enquiries may be directed as follows:

All technical enquiries must be submitted in a written format. No questions will be answered

telephonically. All tender queries should be sent using the dedicated submit query button

accessible on the online tender box.

Requests for clarification or further information:

All communications relating to this RFP and the Tendering Process must be directed to the

Tender Officer through the submit query button on the online tender box.

All questions or requests for further information or clarification of this RFP or any other document

issued in connection with the Tendering Process must be submitted to the Tender Officer in

writing through the submit query button on the online tender.

Any communication by a Bidder to Mi

1.1 Bids must be submitted with all official Bid Forms that are contained within this tender

document and duly completed.

1.2 Bids must be delivered at the platform that is indicated in the tender document, and

must be delivered timeously, as late bid submissions will NOT be accepted for

consideration.

1.3 Late submissions will not be accepted under any circumstances. The tender shall

be closed at exactly 12:00 Noon and tenders arriving only a second after 12:00 or

any time thereafter will not be accepted under any circumstance. Tenderers are

therefore strongly advised to ensure that their tenders when uploaded allow enough

time for any unforeseen events that may delay the delivery of the tender.

1.4 This Bid is subject to the Preferential Procurement Policy Framework Act and the

Preferential Procurement Regulations of 2022, the General Conditions of Contract

(GCC) as listed in this document and, if applicable, any other special conditions of

contract as specified.

1.5 The successful bidder will be reduced to a contract by signing the acceptance of

offer.

1.6 It is an absolute condition that the taxes of the bidder must be in order.

1.7 A tax compliance status must be submitted with the tender proposal on or before the

closing date and time of the tender.

1.8 Each party to a consortium/ sub-contractors must submit a separate tax compliance

status. Application forms for the renewal of/ or application for a tax compliance status

is available at any Receiver’s Office (SARS).

1.9 All the documents reflected to this RFP must be completed and returned with this

tender proposal. Failure to submit completed documents with the tender proposal

may invalidate the tender proposal.

1.10 Tender forms contained within the tender document requesting information have

been drawn up so that certain essential information is furnished in a specific manner

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1.19 Mintek reserves the right not to award or cancel this bid at any time and shall not be

bound to accept the lowest or any bid.

1.20 Unless specifically provided for in the tender document, no tenders will be considered

if submitted or transmitted by telegram, telex, facsimile, e-mail or similar apparatus.

1.21 It should be noted that Mintek reserves the right to accept or reject any tender

proposal without being obliged to give any reasons in this respect.

1.22 The bidder’s company letterhead must be used for the proposal’s cover letter and

reflect the company name, address and contact details.

1.23 The correct Tender reference number (See the front page of this RFP for the tender

number) must be quoted and the bidding company’s name must appear on all pages

of the proposal.

1.24 All pages of the proposal must be initialled by the responsible person.

1.25 Only those tenderers who score a minimum score of 70 points and above in respect

of the functionality criteria will be considered.

1.26 The functionality criteria is contained towards the end of this document.

1.27 The persons named in the Schedule of Key Persons of tenderers who satisfy the

minimum quality criteria may be invited to an interview if there need arises.

1.28 Responsiveness criteria of submissions

20.1 All successful Tenderers, Tendering on items where labour and/or equipment are

included, shall enter into an agreement with Mintek, indemnifying Mintek from the

provisions of the Occupational Health and Safety Act (.

20.2 The Contractor is to ensure compliance with the provisions of the Occupational

Health and Safety Act () & all relevant regulations, inclusive of all its

employees & other Contractors on the site. The Tenderer shall provide a suitable

health and safety plan appropriate for the contract tendered for.

20.3 The Contractor shall comply with all laws relating to wages and conditions generally

governing the employment of labour.

21. Workmen’s compensation

issued (Drawing Nos. DU2601-01, DU2601-02 and DU2601-05 see appendixes), and the

applicable SANS 1200 Standardised Specifications read together with Civil Engineering

Quantities, 1990 (SAICE). All concrete shall comply with SANS 920–2011.

conduct his operations with due regard for the safety and continuity of Mintek's ongoing activities.

• No connections to Mintek's services will be permitted without prior written approval.
• Erection of temporary perimeter fencing or hoarding around the works area to secure the

site and prevent unauthorised access during construction.

• Site establishment shall include the supply and erection of a temporary security fence not

less than 1.8 metres in height, constructed from suitable materials such as diamond mesh

or shade netting on steel droppers, to demarcate the contractor's working area and

storage zone from the operational Mintek facility.

• Implementation of a site-specific Health and Safety plan compliant with the Occupational

Health and Safety Act (Act ) and applicable regulations.

• Preparation and submission of a Quality Assurance (QA) plan to the Engineer for approval

prior to the commencement of works.

• Liaison with Mintek’s facilities management and other contractors operating on site to

agree on construction access routes, working areas, and any interface or sequencing

requirements.

• Setting out of the works by a registered Engineering Surveyor, in accordance with the

drawings and to the approval of the Engineer.

• Identification and exposure of existing services within the works area, carried out by hand

where necessary, to prevent damage to buried infrastructure.

• Arrangement and maintenance of all temporary services required during construction,

including water and electrical supply.

• Implementation of all environmental controls, including dust suppression, waste

management and storm water pollution prevention measures.

• All temporary structures shall be maintained in a neat and orderly condition throughout

the contract period and shall be removed and the site restored upon completion of the

works.

• The Contractor shall ensure his own security which shall be subordinate to the main Works

security.

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Company Name: __________________________________ Initials: __________

designated works area, including the removal of all vegetation, trees and stumps up to 1m girth,

and any boulders present. All cleared material shall be legally disposed of off-site.

Topsoil shall be stripped to a nominal depth of 150mm over approximately 900m2, stockpiled

within the site compound, maintained, and subsequently used on embankment areas as directed.

approximately 250mm below finished ground level (FGL), as indicated on Drawing DU2601-01.

Excavated material suitable for fill shall be used for embankment construction; unsuitable material

shall be disposed of off-site. Provisional allowances are included in the schedule for excavation

in intermediate material and hard rock.

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Company Name: __________________________________ Initials: __________

Minimum concrete cover to reinforcement shall be 40mm. Minimum lap length shall be 50 bar

diameters. The total reinforcement quantities are approximately 2.61 tonnes of high tensile steel

and 0.10 tonnes of mild steel. All reinforcement shall be approved by the Engineer before any

concrete is poured.

23.3.4 Blinding Concrete

Blinding concrete (10MPa/19mm) shall be placed as follows:

• 50mm thick blinding to plinths and slab bases over approximately 100m2
• 80mm thick blinding below inverted precast portal culverts to the cable trench, finished

with a smooth floated surface, over approximately 60m2 (provisional)

23.3.5 Structural Concrete

drawings. The bund shall be constructed of reinforced concrete and shall be designed to contain

the full oil volume of the transformer it serves, with an additional freeboard allowance in

accordance with standard practice. The internal faces of the bund shall be finished with an

approved chemical-resistant waterproof coating or screed to prevent seepage of transformer oil

into the ground if so noted on the drawings. A sump or drain arrangement as shown on the

drawings shall be constructed to facilitate removal of any accumulated fluid. All works shall comply

with the relevant requirements of SANS and environmental regulations applicable to the

containment of hydrocarbon fluids.

23.3.8 Brick Cavity Walls

Reinforced brick cavity walls (270mm nominal cavity, solid brick skins) shall be constructed to

both sides of the cable trench above the precast culvert units, as detailed on Drawing

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Company Name: __________________________________ Initials: __________

DU2601-02. HDG wire cavity ties shall be provided. The cavity shall be filled with

30MPa/13mm concrete with reinforcement as detailed. A 230mm single-skin brick wall shall be

provided to the end(s) of the cable trench. Total cavity wall area is approximately 28m2.

23.4 Yard surfacing and drainage

Following completion of concrete construction, a non-woven geotextile fabric (200g/m2) shall be

placed over the full yard area, including minimum 300mm laps and 150mm turn-ups against all

concrete plinths and kerbs, over approximately 514m2.

A 100mm compacted layer of clean, single-sized 26.5–37.5mm crushed stone yard aggregate

(SANS 1083:2014 compliant, high resistivity, free from contamination) shall be placed over the

geotextile and lightly compacted to finished ground levels as indicated on Drawing DU2601-01.

Precast concrete barrier kerbs (100/150mm wide) shall be placed around the perimeter of the

yard stone area on a bedding and haunching concrete to contain the stone, approximately 103m

in total.

A 110mm PVC double-walled stormwater drainage pipe shall be installed to the cable trench,

including bedding and backfill, discharging to or connecting into the existing stormwater system.

Total length is approximately 21m.

23.5 Perimeter fencing

A 2.4m high anti-climb perimeter fence shall be installed around the generator farm in accordance

with the specification on Drawing DU2601-01, approximately 100m in total length. The fencing

system shall be the Invisible Wall high-security welded mesh panel system or equivalent

approved, and shall comply with the following:

• Panels: 3.305m wide x 2.4m high, high-density welded mesh with apertures too small for

finger or toe grip (anti-climb/anti-clamber design)

• Wire: Hot-dip galvanised, approximately 3.5mm diameter
• Reinforcement: 4 deep ‘V’ horizontal bands, 70° side flanges with internal anti-vandal

fixings, 90° top flange and 30° toe flange

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Company Name: __________________________________ Initials: __________

5.1 The supplier warrants that the goods supplied under the contract are new, unused,

of the most recent or current models, and that they incorporate all recent

improvements in design and materials unless provided otherwise in the contract. The

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supplier further warrants that all goods supplied under this contract shall have no

defect, arising from design, materials, or workmanship (except when the design

and/or material is required by the purchaser’s specifications) or from any act or

omission of the supplier, that may develop under normal use of the supplied goods

in the conditions prevailing in the country of final destination.

5.2 This warranty shall remain valid for twelve (12) months after the goods, or any portion

thereof as the case may be, have been delivered to and accepted at the final

destination indicated in the contract, or for eighteen (18) months after the date of

shipment from the port or place of loading in the source country, whichever period

concludes earlier, unless specified otherwise.

5.3 The purchaser shall promptly notify the supplier in writing of any claims arising under

this warranty.

5.4 Upon receipt of such notice, the supplier shall, within the period specified and with

all reasonable speed, repair or replace the defective goods or parts thereof, without

costs to the purchaser.

5.5 If the supplier, having been notified, fails to remedy the defect(s) within the period

specified, the purchaser may proceed to take such remedial action as may be

necessary, at the supplier’s risk and expense and without prejudice to any other

rights which the purchaser may have against the supplier under the contract.

6. Price and payment schedule

6.1 The Tenderer shall supply all the price information required in the price schedule,

failure to do so shall invalidate the Tender.

6.2 No claim for price escalation will be considered unless it is specifically stated that this

Tender is subject to adjustment. Failure to complete this clause will result in the

Tender prices being deemed to be firm.

6.3 Notwithstanding anything to the contrary contained in Mintek’s Conditions of Tender,

Memorandum of Agreement or the Price Schedule, any claim for an increase in the

Tender prices herein quoted shall be submitted in writing.

6.4 Mintek reserves the right to withhold payment of any escalation while only provisional

figures are available until the final (revised) figures are issued by the Government’s

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Central Statistical Services. When submitting any such claim, the tenderer shall

indicate the actual amount claimed for each item. A mere notification of a claim

for an increase without stating the new price claimed for each item shall, for the

purpose of Prices charged by the supplier for goods delivered and services

performed under the contract shall not vary from the prices quoted by the supplier in

his Tender, with the exception of any price adjustments authorized or in the

purchaser’s request for Tender validity extension, as the case may be.

6.5 The method and conditions of payment to be made to the supplier under this contract

shall be specified.

6.6 The supplier shall furnish the purchaser with an invoice accompanied by a copy of

the delivery note and upon fulfilment of other obligations stipulated in the contract.

6.7 Payments shall be made promptly by the purchaser, but in no case later than thirty

(30) days after submission of statement by the supplier.

6.8 Payment will be made in Rand unless otherwise stipulated.

7. Variation orders

7.1 In cases where the estimated value of the envisaged changes in purchase does not

vary by more than 25% of the total value of the original contract, the Contractor may

be instructed to deliver the goods or render the services as such. In cases of

measurable quantities, the Contractor may be approached to reduce the unit price,

and such offers may be accepted provided that there is no escalation in price.

8. Delays in the supplier’s performance

8.1 Delivery of the goods and performance of services shall be made by the supplier in

accordance with the time schedule prescribed by the purchaser in the contract.

8.2 If at any time during performance of the contract, the supplier or its sub-Contractor(s)

encounters conditions impeding timely delivery of the goods and performance of

services, the supplier shall promptly notify the purchaser in writing of the fact of the

delay, its likely duration and its cause(s). As soon as practicable after receipt of the

supplier’s notice, the purchaser shall evaluate the situation and may at his discretion

extend the supplier’s time for performance, with or without the imposition of penalties,

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in which case the extension shall be ratified by the parties by the amendment of the

contract.

8.3 The right is reserved to procure outside of the contract small quantities or to have

minor essential services executed if an emergency arises if the supplier’s point of

supply is not situated at or near the place where the goods are required, or when the

supplier’s services are not readily available.

8.4 Except as provided under clause 11 (Force Majeure), a delay by the supplier in the

performance of its delivery obligations shall render the supplier liable to the

imposition of penalties, pursuant to clause 9, unless an extension of time is agreed

upon pursuant to clause 8.2 above without the application of penalties.

8.5 Upon any delay beyond the delivery period in the case of a goods contract, the

purchaser shall, without cancelling the contract, be entitled to purchase goods of a

similar quality and up to the same quantity in substitution of the goods not supplied

in conformity with the contract and to return any goods delivered later at the supplier’s

expense and risk, or to cancel the contract and buy such goods as may be required

to complete the contract and without prejudice to his other rights, be entitled to claim

damages from the supplier.

9. Penalties

7.1 Subject to clause 11 (Force Majeure), if the supplier fails to deliver any or all of the

goods or to perform the services within the period(s) specified in the contract, the

purchaser shall, without prejudice to its other remedies under the contract, deduct

from the contract price, as a penalty, a sum calculated on the delivered price of the

delayed goods or unperformed services using the current prime interest rate

calculated for each day of the delay until actual delivery or performance. The

purchaser may also consider termination of the contract pursuant to clause 10

(Termination for default).

10. Termination for default

10.1 The purchaser, without prejudice to any other remedy for breach of contract, by

written notice of default sent to the supplier, may terminate this contract in whole or

in part:

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a) if the supplier fails to deliver any or all of the goods within the period(s) specified

in the contract, or within any extension thereof granted by the purchaser pursuant

to clause 8.2;

b) if the supplier fails to perform any other obligation(s) under the contract; or

c) if the supplier, in the judgement of the purchaser, has engaged in corrupt or

fraudulent practices in competing for or in executing the contract.

10.2 In the event the purchaser terminates the contract in whole or in part, the purchaser

may procure, upon such terms and in such manner as it deems appropriate, goods,

works or services similar to those undelivered, and the supplier shall be liable to the

purchaser for any excess costs for such similar goods, works or services. However,

the supplier shall continue performance of the contract to the extent not terminated.

10.3 Where the purchaser terminates the contract in whole or in part, the purchaser may

decide to impose a restriction penalty on the supplier by prohibiting such supplier

from doing business with the public sector for a period not exceeding ten (10) years.

10.4 If a purchaser intends imposing a restriction on a supplier or any person associated

with the supplier, the supplier will be allowed a time period of not more that fourteen

(14) days to provide reasons why the envisaged restriction should not be imposed.

Should the supplier fail to respond within the stipulated fourteen (14) days the

purchaser may regard the intended penalty as not objected against and may impose

it on the supplier.

10.5 Any restriction imposed on any person by the Accounting Officer/ Accounting

Authority will, at the discretion of the Accounting Officer/ Accounting Authority, also

be applicable to any other enterprise or any partner, manager, director or other

person who wholly or partly exercises or exercised or may exercise control over the

enterprise of the first-mentioned person, and with which enterprise or person the first-

mentioned person, is or was in the opinion of the Accounting Officer / Accounting

Authority actively associated.

10.6 If a restriction is imposed, the purchaser must, within five (5) working days of such

imposition, furnish the National Treasury, with the following:

i. the name and address of the supplier and/or person restricted by the

purchaser;

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ii. the date of commencement of the restriction;

iii. the period of restriction; and

iv. the reasons for the restriction.

The details will be loaded in the National Treasury’s central database of suppliers or

persons prohibited from doing business with the public sector.

10.7 If a court of law convicts a person of an offense as contemplated in sections 12 or 13

of the Prevention and Combating of Corrupt Activities Act, No. , the court

may also rule that such person’s name be endorsed on the Register for Tender

Defaulters. When a person’s name has been endorsed on the Register, the person

will be prohibited from doing business with the public sector for a period of not less

than five (5) years and not more than ten (10) years. The National Treasury is

empowered to determine the period of restriction and each case will be dealt with on

its own merits. According to section 32 of the Act the Register must be open to the

public. The Register can be perused on the National Treasury website.

11. Force majeure

11.1 Notwithstanding the above provisions of clauses 9 (Penalties) and 10 (Termination

for default), the supplier shall not be liable for forfeiture of its performance security,

damages, or termination for default if and to the extent that his delay in performance

or other failure to perform his obligations under the contract is the result of an event

of force majeure.

11.2 If a force majeure situation arises, the supplier shall promptly notify the purchaser in

writing of such condition and the cause thereof. Unless otherwise directed by the

purchaser in writing, the supplier shall continue to perform its obligations under the

contract as far as is reasonably practical, and shall seek all reasonable alternative

means for performance not prevented by the force majeure event.

12. Termination for insolvency

12.1 The purchaser may at any time terminate the contract by giving written notice to the

supplier if the supplier becomes bankrupt or otherwise insolvent. In this event,

termination will be without compensation to the supplier, provided that such

termination will not prejudice or affect any right of action or remedy, which has

accrued or will accrue thereafter to the purchaser.

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13. Settlement of disputes

13.1 If any dispute or difference of any kind whatsoever arises between the purchaser and

the supplier in connection with or arising out of the contract, the parties shall make

every effort to resolve amicably such dispute or difference by mutual consultation.

13.2 If, after thirty (30) days, the parties have failed to resolve their dispute or difference

by such mutual consultation, then either the purchaser or the supplier may give notice

to the other party of his intention to commence with mediation. No mediation in

respect of this matter may be commenced unless such notice is given to the other

party.

13.3 Should it not be possible to settle a dispute by means of mediation, it may be settled

in a South African court of law.

13.4 Mediation proceedings shall be conducted in accordance with the rules of procedure

specified by the purchaser in accordance with best practice.

13.5 Notwithstanding any reference to mediation and/or court proceedings herein:

d) the parties shall continue to perform their respective obligations under the

contract unless they otherwise agree; and

e) the purchaser shall pay the supplier any monies due to the supplier.

14. Governing language

14.1 The contract shall be written in English. All correspondence and other documents

pertaining to the contract that are exchanged by the parties shall also be written in

English.

15. Applicable law

15.1 The contract shall be interpreted in accordance with the laws of the Republic of South

Africa, unless otherwise specified.

16. Assignment

16.1 The supplier shall not abandon, transfer, cede or assign, in whole or in part, its

obligations to perform under the contract, except with the purchaser’s prior written

consent.

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17. Amendment of contract

17.1 No agreement to amend or vary a contract or order or the conditions, stipulations or

provisions thereof shall be valid and of any force unless such agreement to amend

or vary is entered into in writing and signed by the contracting parties. Any waiver of

the requirement that the agreement be amended or varied shall be in writing, shall

also be in writing.

18.1 The Contractor agrees that the occupational use of Mintek’s premises and buildings

shall be at his own risk, and that he acknowledges the risks and dangers inherent

therein. The Contractor furthermore acknowledges that Mintek and / or its employees

shall not be liable or responsible for any loss, liability, damages, accident or injury,

whether fatal or otherwise, of whatsoever nature and howsoever arising, whether

directly from the permission granted by Mintek to execute certain events or

otherwise, including but not limited to, the use of the premises and / or buildings, and

indemnifies Mintek and/or its employees against all and any loss of / or damage to

property, or injury or death, and any claim for such loss, damage, injury or death,

from any cause whatsoever and howsoever arising, which may be suffered in this

regard.

18.2 The Contractor and / or its officers, employees, agents, concessionaires, suppliers,

Contractors or customers shall not have any claim of any nature against the Mintek

for any loss, damage, injury or death which any of them may directly or indirectly

suffer (whether or not such loss, damage, injury or death is caused through

negligence of Mintek or its agents or employees) or for:

• any latent or patent defect in the premises;

• a fire on the premises;

• a theft from the premises;

• the Premises or any part thereof being in a defective condition or state of disrepair;

• force majeure of causus fortuitus or any other cause either wholly or partly beyond

the Mintek’s control;

• the use of the services offered on the premises;

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• consequential loss howsoever caused;

• any loss or damage whether to persons or property caused by riots, civil

commotion, insurrection or actions taken by the Contractor or Mintek to mitigate

the effect of / or prevent the aforesaid; and any other cause whatsoever.

18.3 Save for any wilful acts or omission or gross negligence by Mintek, its officers,

employees, agents, concessionaires, suppliers and Contractors, the Contractor

indemnifies Mintek and holds it harmless from and against all claims, actions,

damages, liability and expense in connection with loss of life, personal injury and / or

damage to property arising from or out of any occurrence in, upon or at the premises

or the occupancy or use by the Contractor of the premises.

19. Insurance

19.1 Without limiting the obligations of the Contractor in terms of this Agreement, the

Contractor shall effect and maintain the following insurances, covering:

• Public liability insurances, in the name of the Contractor, covering the Contractor

and Mintek against liability for the death of / or injury to any person, or loss of / or

damage to any property, arising out of / or in the course of this agreement.

• The Lessee shall insure all its own possessions and equipment kept on the

premises, in its own name.

19.2 In the case of an occurrence giving rise to claim (and in accordance with the

directives of the insurer), the Contractor shall proceed in the following manner:

• Over and above any statutory and / or other requirements contained in the

conditions of this agreement, Mintek must immediately be notified telephonically

(and confirmed by means of a telefax or email ) of the circumstances, nature and

estimate of the loss or damage; and

• Any claim settlement shall be subject to the approval of both Mintek and the

Contractor.

• Mintek reserves the right to make enquiries regarding the cause and result of any

such occurrence giving rise to a claim, and the Contractor shall assist Mintek in

this regard.

19.3 All insurance must remain in force for the duration of this agreement.

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19.4 Should the Contractor fail to arrange insurance or to maintain it, Mintek shall be

entitled to arrange for such insurance and to maintain it, and pay the premiums, as

may be necessary. Amounts for this purpose will be paid by Mintek as a debt of

Contractor.

19.5 The Contractor hereby guarantees that it shall make the necessary submissions of

insurance to the satisfaction of Mintek after awarding/acceptance of this contract, as

proof that the required insurances exist and that it will comply with all terms,

requirements and conditions in respect of insurance applicable to this agreement.

20. Compliance with legislature

20.1 All successful Tenderers, Tendering on items where labour and/or equipment are

included, shall enter into an agreement with Mintek, indemnifying Mintek from the

provisions of the Occupational Health and Safety Act (.

20.2 The Contractor is to ensure compliance with the provisions of the Occupational

Health and Safety Act () & all relevant regulations, inclusive of all its

employees & other Contractors on the site. The Tenderer shall provide a suitable

health and safety plan appropriate for the contract tendered for.

20.3 The Contractor shall comply with all laws relating to wages and conditions generally

governing the employment of labour.

21. Workmen’s compensation

The Tenderer shall, prior to commencement of any work on site in terms hereof, give

written proof that he is registered as an employer in terms of Section 80 of the

Compensation for Occupational Injuries and Diseases Act, and the

Tenderer shall remain registered as such for the duration of the contract awarded

and shall pay all monies due to the Compensations Fund in terms of Section 15 of

Act . Failure to comply will result in the Tenderer being disqualified.

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consist of the following:

Section a: tender instructions & requirements

1. Request for tender ............................................................ 5

General conditions of tender .................................................. 8

1. Submission of bids .............................................................. 8
2. Evaluation of bids............................................................ 11
3. Value added tax ................................................................ 12
4. Tax clearance requirements ........................................... 12

General conditions of contract (gcc) .................................. 13

1. General ............................................................................... 13
2. Standards .......................................................................... 13
3. Patent rights .................................................................... 13
4. Packaging ........................................................................... 13
5. Warranty ........................................................................... 13
6. Price and payment schedule............................................ 14
7. Variation orders .............................................................. 15
8. Delays in the supplier’s performance ........................... 15
9. Penalties ............................................................................ 16
10. Termination for default ................................................. 16
11. Force majeure ................................................................... 18
12. Termination for insolvency ........................................... 18
13. Settlement of disputes ................................................... 19
14. Governing language ......................................................... 19
15. Applicable law ................................................................... 19
16. Assignment ........................................................................ 19
17. Amendment of contract .................................................. 20
18. Indemnity ........................................................................... 20
19. Insurance ........................................................................... 21
20. Compliance with legislature .......................................... 22
21. Workmen’s compensation ................................................ 22
22. Terms of reference .......................................................... 23
23. Scope of work ................................................................... 23
24. Evaluation of the proposal ............................................ 33

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3.1 The supplier shall indemnify the purchaser against all third-party claims of

infringement of patent, trademark, or industrial design rights arising from use of the

goods or any part thereof by the purchaser.

4.1 The supplier shall provide such packaging of the goods as is required to prevent their

damage or deterioration during transit to their final destination, as indicated in the

contract. The packaging shall be sufficient to withstand, without limitation, rough

handling during transit and exposure to extreme temperatures, salt and precipitation

during transit, and open storage. Packaging, case size and weights shall take into

consideration, where appropriate, the remoteness of the goods’ final destination and

absence of heavy handling facilities at all points in transit.

4.2 The packaging, marking, and documentation within and outside the packages shall

comply strictly with such special requirements as shall be expressly provided for in

the contract, including additional requirements, if any, specified in any subsequent

instructions ordered by the purchaser.

5. Warranty

5.1 The supplier warrants that the goods supplied under the contract are new, unused,

of the most recent or current models, and that they incorporate all recent

improvements in design and materials unless provided otherwise in the contract. The

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supplier further warrants that all goods supplied under this contract shall have no

defect, arising from design, materials, or workmanship (except when the design

and/or material is required by the purchaser’s specifications) or from any act or

omission of the supplier, that may develop under normal use of the supplied goods

in the conditions prevailing in the country of final destination.

5.2 This warranty shall remain valid for twelve (12) months after the goods, or any portion

thereof as the case may be, have been delivered to and accepted at the final

destination indicated in the contract, or for eighteen (18) months after the date of

shipment from the port or place of loading in the source country, whichever period

concludes earlier, unless specified otherwise.

5.3 The purchaser shall promptly notify the supplier in writing of any claims arising under

this warranty.

5.4 Upon receipt of such notice, the supplier shall, within the period specified and with

all reasonable speed, repair or replace the defective goods or parts thereof, without

costs to the purchaser.

5.5 If the supplier, having been notified, fails to remedy the defect(s) within the period

specified, the purchaser may proceed to take such remedial action as may be

necessary, at the supplier’s risk and expense and without prejudice to any other

rights which the purchaser may have against the supplier under the contract.

in which case the extension shall be ratified by the parties by the amendment of the

contract.

8.3 The right is reserved to procure outside of the contract small quantities or to have

minor essential services executed if an emergency arises if the supplier’s point of

supply is not situated at or near the place where the goods are required, or when the

supplier’s services are not readily available.

8.4 Except as provided under clause 11 (Force Majeure), a delay by the supplier in the

performance of its delivery obligations shall render the supplier liable to the

imposition of penalties, pursuant to clause 9, unless an extension of time is agreed

upon pursuant to clause 8.2 above without the application of penalties.

8.5 Upon any delay beyond the delivery period in the case of a goods contract, the

purchaser shall, without cancelling the contract, be entitled to purchase goods of a

similar quality and up to the same quantity in substitution of the goods not supplied

in conformity with the contract and to return any goods delivered later at the supplier’s

expense and risk, or to cancel the contract and buy such goods as may be required

to complete the contract and without prejudice to his other rights, be entitled to claim

damages from the supplier.

7.1 Subject to clause 11 (Force Majeure), if the supplier fails to deliver any or all of the

goods or to perform the services within the period(s) specified in the contract, the

purchaser shall, without prejudice to its other remedies under the contract, deduct

from the contract price, as a penalty, a sum calculated on the delivered price of the

delayed goods or unperformed services using the current prime interest rate

calculated for each day of the delay until actual delivery or performance. The

purchaser may also consider termination of the contract pursuant to clause 10

(Termination for default).

10.1 The purchaser, without prejudice to any other remedy for breach of contract, by

written notice of default sent to the supplier, may terminate this contract in whole or

in part:

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11.1 Notwithstanding the above provisions of clauses 9 (Penalties) and 10 (Termination

for default), the supplier shall not be liable for forfeiture of its performance security,

damages, or termination for default if and to the extent that his delay in performance

or other failure to perform his obligations under the contract is the result of an event

of force majeure.

11.2 If a force majeure situation arises, the supplier shall promptly notify the purchaser in

writing of such condition and the cause thereof. Unless otherwise directed by the

purchaser in writing, the supplier shall continue to perform its obligations under the

contract as far as is reasonably practical, and shall seek all reasonable alternative

means for performance not prevented by the force majeure event.

12.1 The purchaser may at any time terminate the contract by giving written notice to the

supplier if the supplier becomes bankrupt or otherwise insolvent. In this event,

termination will be without compensation to the supplier, provided that such

termination will not prejudice or affect any right of action or remedy, which has

accrued or will accrue thereafter to the purchaser.

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13.1 If any dispute or difference of any kind whatsoever arises between the purchaser and

the supplier in connection with or arising out of the contract, the parties shall make

every effort to resolve amicably such dispute or difference by mutual consultation.

13.2 If, after thirty (30) days, the parties have failed to resolve their dispute or difference

by such mutual consultation, then either the purchaser or the supplier may give notice

to the other party of his intention to commence with mediation. No mediation in

respect of this matter may be commenced unless such notice is given to the other

party.

13.3 Should it not be possible to settle a dispute by means of mediation, it may be settled

in a South African court of law.

13.4 Mediation proceedings shall be conducted in accordance with the rules of procedure

specified by the purchaser in accordance with best practice.

13.5 Notwithstanding any reference to mediation and/or court proceedings herein:

d) the parties shall continue to perform their respective obligations under the

contract unless they otherwise agree; and

e) the purchaser shall pay the supplier any monies due to the supplier.

17.1 No agreement to amend or vary a contract or order or the conditions, stipulations or

provisions thereof shall be valid and of any force unless such agreement to amend

or vary is entered into in writing and signed by the contracting parties. Any waiver of

the requirement that the agreement be amended or varied shall be in writing, shall

also be in writing.

18. Indemnity

18.1 The Contractor agrees that the occupational use of Mintek’s premises and buildings

shall be at his own risk, and that he acknowledges the risks and dangers inherent

therein. The Contractor furthermore acknowledges that Mintek and / or its employees

shall not be liable or responsible for any loss, liability, damages, accident or injury,

whether fatal or otherwise, of whatsoever nature and howsoever arising, whether

directly from the permission granted by Mintek to execute certain events or

otherwise, including but not limited to, the use of the premises and / or buildings, and

indemnifies Mintek and/or its employees against all and any loss of / or damage to

property, or injury or death, and any claim for such loss, damage, injury or death,

from any cause whatsoever and howsoever arising, which may be suffered in this

regard.

18.2 The Contractor and / or its officers, employees, agents, concessionaires, suppliers,

for any loss, damage, injury or death which any of them may directly or indirectly

suffer (whether or not such loss, damage, injury or death is caused through

negligence of Mintek or its agents or employees) or for:

• any latent or patent defect in the premises;

• a fire on the premises;

• a theft from the premises;

• the Premises or any part thereof being in a defective condition or state of disrepair;

• force majeure of causus fortuitus or any other cause either wholly or partly beyond

the Mintek’s control;

• the use of the services offered on the premises;

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• consequential loss howsoever caused;

• any loss or damage whether to persons or property caused by riots, civil

commotion, insurrection or actions taken by the Contractor or Mintek to mitigate

the effect of / or prevent the aforesaid; and any other cause whatsoever.

18.3 Save for any wilful acts or omission or gross negligence by Mintek, its officers,

employees, agents, concessionaires, suppliers and Contractors, the Contractor

indemnifies Mintek and holds it harmless from and against all claims, actions,

damages, liability and expense in connection with loss of life, personal injury and / or

damage to property arising from or out of any occurrence in, upon or at the premises

or the occupancy or use by the Contractor of the premises.

• Public liability insurances, in the name of the Contractor, covering the Contractor

and Mintek against liability for the death of / or injury to any person, or loss of / or

damage to any property, arising out of / or in the course of this agreement.

• The Lessee shall insure all its own possessions and equipment kept on the

premises, in its own name.

19.2 In the case of an occurrence giving rise to claim (and in accordance with the

directives of the insurer), the Contractor shall proceed in the following manner:

• Over and above any statutory and / or other requirements contained in the

conditions of this agreement, Mintek must immediately be notified telephonically

(and confirmed by means of a telefax or email ) of the circumstances, nature and

estimate of the loss or damage; and

• Any claim settlement shall be subject to the approval of both Mintek and the

• Mintek reserves the right to make enquiries regarding the cause and result of any

such occurrence giving rise to a claim, and the Contractor shall assist Mintek in

this regard.

19.3 All insurance must remain in force for the duration of this agreement.

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19.4 Should the Contractor fail to arrange insurance or to maintain it, Mintek shall be

entitled to arrange for such insurance and to maintain it, and pay the premiums, as

may be necessary. Amounts for this purpose will be paid by Mintek as a debt of

19.5 The Contractor hereby guarantees that it shall make the necessary submissions of

insurance to the satisfaction of Mintek after awarding/acceptance of this contract, as

proof that the required insurances exist and that it will comply with all terms,

requirements and conditions in respect of insurance applicable to this agreement.