to: from: the potential tenderer … -obuasi mine ghana (hereinafter referred to as “the seller...

AngloGold Ashanti (Ghana) Limited Registered Office: Gold House \ Patrice Lumumba Road \ Accra \ Ghana Postal Address: Gold House \ Patrice Lumumba Road \ P. O. Box 2665 \ Accra \ Ghana Tel: + 233 302 743400 \ 743401 \ Fax + 233 302 778155 Website: www.AngloGoldAshanti .com

INVITATION TO TENDER

TO:

THE POTENTIAL TENDERER

ATT : Tender

DATE : 07 July 2016

PAGE : One of Thirty Five

FROM:

ANGLOGOLD ASHANTI LIMITED

MINE: - Obuasi Mine - Ghana

(Hereinafter referred to as “the Seller ‟)

MINE OFICIAL:

E-MAIL: [email protected] TEL: +233 (0) 3225 40494 Ext. 4315 or (0)546476402

THIS TELEFAX TRANSMISSION CONTAINS CONFIDENTIAL INFORMATION WHICH MAY BE LEGALLY PRIVILEGED. THE INFORMATION IS INTENDED ONLY FOR THE USE OF THE RECIPIENT NAMED ABOVE. IF YOU HAVE RECEIVED THIS FAX IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY

TELEPHONE OR FAX TO ARRANGE FOR THE RETURN OF THE ORIGINAL DOCUMENTS TO US. ANY DISCLOSURE, COPYING, DISTRIBUTION OR THE TAKING OF ANY ACTION IN RELIANCE ON THE CONTENTS OF THIS FAXED INFORMATION IS STRICTLY PROHIBITED.

SALE OF ITEMS AT OBUASI GOLD MINE

ENQUIRY NUMBER : SS170A

DESCRIPTION : SALE OF UNDERGROUND EQUIPMENT IN OBUASI MINE – PHASE 11

SITE VIEWING / MEETING : TBA

PPE REQUIREMENTS : Full Shoe (Safety Shoe)

CLOSING DATE : 21 July 2016 at 10h00 (GMT)

TENDERERS TO NOTE : As per the attached schedule

PLEASE NOTE:

1. Tenderers must preferably attend the Site Meeting, but failure to do so would not disqualify any Tenderer from tendering. Goods are sold on an “As is Where is” basis without warranty. Site Visits are for the Tenderer’s costs.

2. Cameras & Cell phones will be allowed on certain sites at the mine. Information will be made available prior to a site visit.

3. Please complete the last page of this document and forward it to:

[email protected] – not later than 21 July, 2016 at 10h00 (GMT)

mailto:[email protected]


ENQUIRY NUMBER: SS170A PAGE 2 0F35

You are hereby invited to tender for the purchase and removal of material /equipment, as detailed on the attached Section-D (which must be used for the submission of Tenders).It is to be clearly understood that the material /equipment is sold on an “As is where is” basis and will not be subject to any guarantee on physical condition nor operating performance . TENDERERS TO NOTE:

1. Tenderers shall submit a main offer on SECTION D, in accordance with the commercial and

technical requirements set out in the enquiry on a “per each” basis.

2. Tenderers may in addition submit alternative offers, which shall clearly indicate grouping of items

by the Tenderer.

3. The enquiry document shall be treated as strictly confidential by the Tenderer. Tenders will be

treated as confidential and no aspect of any tender will be disclosed to third parties by the Seller.

4. The Seller reserves the right to reject any tender in favor of another, or accept discrete portions of

tenders received, without being obliged to give reasons for such.

5. A tender may be rejected if:-

5.1 It is received after the time and closing date stipulated in the enquiry or a subsequent

official amendment thereto;

5.2 It contains any omission, erasure, alteration, text addition or irregularity;

5.3 It is considered unbalanced, or does not include the required information necessary for

proper comparison and evaluation;

5.4 It is not submitted on the forms provided and is not in accordance with the commercial

and technical requirements of the enquiry document;

6. Under no circumstances will requests for extensions to the tender closing date be considered

unless the request is received 48 hours prior to the tender closing date and time.

7. It is to be clearly understood that only fixed and firm prices will be accepted for the Material /

Equipment.

8. Unsuccessful Tenderers will be advised accordingly.

9. Tenders will only be commercially acceptable if the Tenderer was present at the site meeting or if

the Tenderer has provided AngloGold Ashanti a certified waiver to this condition (Where

applicable).

10. All Sales are Ex-Works (INCOTERMS 2000) which shall be Ex-mine basis.

11. The successful Tenderer (hereinafter called “the Purchaser”) will be required to sign a Sale

Contract, confirming conditions of the sale.

12. The successful Purchaser will be responsible for the collection and transportation of items from

Site “on as is where is basis”– removal from site will only be permitted on full and final payment. no

cutting and welding shall be permitted within AGA mine site, unless or until specifically approved

by AGA safety department and respective HOD‟s.

13. The successful Purchaser will have seven (7) days from date of the notification of award of tender

to remove the full award of Material/Equipment from the applicable operational site, unless an

extension has been granted to the Purchaser in writing by the Mine - General Manager (or his duly

authorized representative). The Purchaser shall furthermore be required to ensure that the

necessary support -, technical - , or administrative staff on Site (or as otherwise required) is

provided to dispense of its obligations in the manner as prescribed in the said notification of

award.

14. Furthermore, the Purchaser acknowledges and agrees that the fulfillment of any regulatory

requirements that may accrue to this transaction (of whatsoever nature, albeit licensing, permitting

etc.) will remain the responsibility of the Purchaser.

15. The Purchaser and its employees shall adhere to the Mine‟s Security, Safety, Health and

Environmental Policies and Procedures in accordance with Obuasi Mine Purchaser Safety

Guidelines. Copy available at the Safety, Health and Environmental (SHE) Department. The

Purchasers employees shall at all times wear the appropriate personal protective clothing


(Supplied by the Purchaser) as prescribed by AGA‟s Seller Safety Policies. Refer to Section “F” for

the detailed Safety, Health, Environment, Medical and Security Requirements

16. Tenders, if not emailed to [email protected] shall be submitted in a sealed

envelope clearly marked with the Tenderer‟s Name, Enquiry Number and the closing date.

17. Tenderer shall provide a photocopy his National Identification Card/Voters ID Card

Delivered by hand to: Tender Box AngloGold Ashanti – Obuasi Mine Security Bruno Gate Marked for the Attention of: the Contracts Manager

17.1 Emailed tenders received on any other email address, other than the email address detailed above will be disqualified.

17.2 Any tender received that is not clearly marked will be disqualified.

17.3 Any tender received after the closing date can be disqualified. Tenders delivered either by hand or received via email shall clearly bear the Enquiry Number (SS170A) and Enquiry Title - SALE OF UNDERGROUND EQUIPMENT IN OBUASI MINE – PHASE 11

17.4 Any tender received from a Tenderer that was not present at the site meeting without alternative viewing arrangements or a waiver, could be disqualified.

Any Contract placed as a result of this Enquiry will be subject to agreement on the conclusion of the contract. COMMERCIAL QUERIES : EUGENE BONNA TEL: +233 (0) 3225 40494 Ext. 1269

TECHNICAL QUERIES : MAHAMA ABDEL MUMUNI TEL: +233 (0) 3225 40494 Ext. 5224

for and on behalf of

ANGLOGOLD ASHANTI LIMITED

Seller

Original signed by

………………………………………………… EUGENE BONNA PROCUREMENT MANAGER

07 JULY 2016



MAIN INDEX Section A : Conditions of Contract Section B : Conditions Precedent to the Collection of Sold Items from Site Section C : Loading and Exit Procedure Section D : Pricing Schedule Section E : Potential Database Control Sheet

Section F : Safety, Health, Environmental, Medical and Security Requirements

Section G : Pictures of Sale Items


SECTION

A

CONDITIONS OF CONTRACT


Conditions of Contract

1. DEFINITIONS

In construing this agreement the following expressions shall have the meanings hereby assigned to them except

where the context otherwise requires:

„CONTRACT‟ means the agreement between the Seller and the Purchaser for the purchase of items

howsoever made, including therein all documents to which reference may properly be

made in order to ascertain the rights and obligations of the parties under the said

agreement.

„DAY‟ means calendar day

„DOCUMENTATION‟ means any pictures, drawings, diagrams, designs, specifications and other pertinent

documents and any modifications thereto, which are to be provided to the Seller to the

Purchaser in terms of the Contract.

„MONTH means calendar month.

'NOMINATED CONTRACTOR

means any corporate body, partnership or person named in the Contract which or who is

nominated by the Seller‟s Representative to provide defined Services on behalf of the

Seller in terms of the Contract.

'PROGRAMME' means a schedule of planned tasks directly linked to measurable time scales, dates

and/or events for the duration of the Contract

„„PURCHASER‟ means the person, Seller or firm named in the Contract and shall include any other

person or persons taken into partnership by such person, Seller or firm during the

currency of this Agreement and the surviving member of any such partnership

„PURCHASER‟S EQUIPMENT‟

means machinery, vehicles, equipment, apparatus, material, article and other thing of

whatsoever nature brought to the site by the Purchaser and required thereto for the

purposes of the execution of the Works

„SELLER‟ means AngloGold Ashanti (Ghana) Limited

„SELLING PRICE‟ means the amount to be paid by the Purchaser to the Seller for the items purchased

'SELLER‟S REPRESENTATIVE'

means the person defined as such in the Contract and appointed by the Seller as it

representative for the purpose of the Contract and shall include his duly appointed

nominee.

'SITE' means the lands and places as specifically designated in the Contract as forming part of

the Site, places on, under, in or through which the specific services are to be provided,

together with any other lands or places, including ways of access, provided by the Seller

for the purposes of the Contract.

„SUPERVISING OFFICER‟

means the person, firm or Seller appointed from time to time by the Seller to supervise

the execution of the Works in accordance with the Agreement and notified in writing as

such to the Purchaser

„WORKS‟ means such tasks which the Contract requires the Purchaser to undertake


2. TERMS OF PAYMENT

100% (One hundred percent) of the Selling Price shall be paid by the Purchaser by means of a Bankers Draft to the Seller‟s Accounts Department within seven (7) days calculated from the date of final approval hereof by Seller and prior to the commencement of collection of the aforementioned Items. The Contract Number must be reflected as reference when submitting the original Bank Receipt. Failure of payment within the aforementioned seven (7) days shall be deemed as cancellation of the Contract at no cost or obligation to the Seller.

3. COLLECTION OPERATIONS

Upon prior arrangement with the Supervising Officer, the Seller‟s Representative and upon the acceptance

and acknowledgement of date of collection, the presentation of Purchaser‟s original deposit slip / proof of

payment receipt and the Purchaser‟s undertaking to supply the Seller with the names and Identity/Passport

numbers of employees that shall be involved with collection on behalf of the Purchaser, permission shall be

granted to commence collection.

Access to Obuasi Gold Mine and working conditions/procedures on Site, with particular reference to safety,

shall be subject of the rules prescribed by the Seller‟s Representative or his duly appointed nominee.

All costs associated with collection operations, including the provision of craneage, will be for the Seller‟s

account.

4. LOADING AND TRANSPORT

The provision of all competent personnel and equipment necessary for the dismantling, loading, transport,

and facilities will be the sole responsibility of the Purchaser and all associated costs shall be for his account.

The Purchaser‟s driver shall ensure that the Material/Equipment is properly secured prior to leaving the

Seller‟s premises. Whilst transporting the Material/Equipment the driver shall intermittently check the load to

ensure that it is safe and remains properly secured.

5. GUARANTEES

It is to be clearly understood that the Material/Equipment is sold on an “As is where is” basis and will not be

subject to any guarantee on physical condition nor operating performance.

6. PURCHASER TO INFORM HIMSELF FULLY

The Purchaser shall satisfy himself as to all the conditions and circumstances of whatsoever nature and

howsoever arising which affect or may affect the Selling Price. The Purchaser shall not be entitled to claim

any decrease in the Selling Price caused by such conditions or circumstances not taken into account by

him.

7. OWNERSHIP AND RISK

Ownership of the Material/Equipment purchased shall pass following the issue of a receipt for payment, by

the Seller‟s Accounts Department.

The Risk of the Material/Equipment purchased shall pass to the Purchaser at the same time that ownership

becomes vested in the Purchaser. It shall be the sole responsibility of the Purchaser to ensure the safe

keeping and security of the Material/Equipment which remains on the Seller‟s Premises after ownership has

transferred to the Purchaser. The Seller will not be held liable for any loss or damage to the said

Material/Equipment.


8. REMOVAL FROM SITE

Complete removal from the Seller‟s Site of the Material/Equipment must be within a period of seven (07)

days or as agreed upon by the Seller and the Purchaser. Failure to remove the Material/Equipment within

the said period shall result in immediate cancellation of the Contract at no cost or obligation to the Seller.

All payments made by the Purchaser for Material/Equipment already collected shall be retained by the

Seller.

It is to be understood that the removal from Site will take place in accordance with the procedure compiled

by the Seller as well as the „removal conditions‟ as set out in Section - C. Loaded trucks are to be waybilled

prior to leaving the designated area.

9. TERMINATION

The Seller shall have the power at its discretion to terminate the Agreement forthwith, either altogether or in

part at no cost to the Seller by giving of notice in Writing to the Purchaser.

In the event of termination, the Purchaser shall immediately cease all Works relating to the Agreement or

part thereof so terminated.

Any payment made against the Contract shall be refunded without interest to the extend of work(s) carried

out by the Purchaser

10. SELLING PRICE

The Selling Price excludes VAT and NHIL which will be applied on the sale price as per the prevailing rate

at the time of collection by the Purchaser. Presently VAT is 15.0% and NHIL is 2.5% on the sale price.

It does not include any other TAX that may be payable by the Purchaser and is furthermore deemed

inclusive of all cost, commissions, agents fees, overheads, duties, etc. of whatsoever nature that may be

payable by the Purchaser and the Seller accepts no liability of whatsoever nature.

11. GOVERNING LAW

This Contract shall be governed, construed and interpreted in accordance with the law of the Republic of

Ghana.

12. UNDERTAKING

Further to anything else stated in the Contract document, this Contract shall be subject to the Purchaser‟s

undertaking that it relieves the Seller of all liability regarding the use and application of the

Material/Equipment purchased by it in terms of safety and danger to health.

13. ACKNOWLEDGEMENT

In the event of the Purchaser not being in agreement with any of the Contract conditions, the Purchaser is

requested to advise the undersigned of such disagreement within a period of 2 (two) calendar days of the

date of signature hereof, by the Seller.

The execution of this Contract will be deemed to signify the Purchaser‟s complete acceptance of the terms

of conditions, including General Conditions, of Contract detailed herein.


SECTION

B

CONDITIONS PRECEDENT TO THE COLLECTION OF SOLD ITEMS FROM SITE


CONDITIONS PRECEDENT TO THE COLLECTION OF SOLD ITEMS FROM SITE

COLLECTION OF ITEMS FROM MINE-SITE

Our Values

People are the Business… Our Business is People

Safety is our first value

We treat each other with dignity and respect

We value diversity

We are accountable for our actions and undertake to deliver on our commitments

The communities and societies in which we operate will be better off for AngloGold Ashanti having been

there

We respect the environment

Procedural Compliance

The Seller‟s Representative at each site shall:

Oversee the Collection Process. The name and contact information of each of the Materials

Foreman will be provided to the Purchaser prior to arrangements made to collect the item.

Ensure that the Purchaser, Security Department and Health, Safety & Environmental departments

are informed of the collection and have a copy of the valid sale contract.

Obtain all names and identification numbers of the Purchaser‟s employees that will be involved with

collection of the Items stipulated in the Contract Document.

Inform the Seller or its appointed Representative and the Mine‟s Security when loading operations

will take place and arrange that the Seller or his appointed Representative and Mine Security is

present when loading takes place.

Arrange that the Purchaser or his appointed Representative oversee the uplifting and removal of

the items from the designated Area.

Arrange that Seller‟s Representative issue waybills, clearance certificates and completes the

entrenched Control Document for loading securing and transporting of Items from the property of

the Mine.

Arrange that the Seller or his appointed Representative accompany the Purchaser to the

weighbridge when contract calls for weighing and issuance of weighbridge certificates.

The Purchaser will:

Ensure that the Purchaser‟s Representatives and labour are suitably qualified to their designated

responsibilities

Adhere to the Mine‟s health, safety and environmental requirements. These can be provided on

request and will be communicated to the Purchaser on arrival at site.

Have to comply with all local legislation and governance issues

Ensure that a Rigger and the mechanical equipment to uplift and load the Items are provided

Ensure that all its representatives and labour is properly insured against injury

Ensure that no Mine employee is solicited for assistance with the removal process unless such a

requirement directed to the Supervising Officer

Ensure that when the removal of items requires that the Items be dismantled prior to removal, the

Purchaser will ensure that all personnel are properly inducted at Mine-site in accordance with the

standard Induction process, prior to engaging any physical work


SECTION

C

LOADING AND EXIT PROCEDURE


LOADING AND EXIT PROCEDURE

PRE-LOADING ACTIVITIES

The Nominated Contractor if any and the Seller‟s Security shall collectively be responsible for

controlling the movement and custody of items from Site.

The Nominated Contractor if any shall ensure only approved Purchasers enter the Site at any given

time with their loading crew and truck(s). They will also make sure items leaving Site are covered by

removal permits.

The Supervising Officer shall sign Daily Safe Work Permits before any intended loading of

purchased items shall commence. He shall also ensure that the right calibers of PPEs are worn by

the Purchaser and his loading crew.

The Supervising Officer shall ensure only trucks considered roadworthy by DVLA standards are

allowed into Site to load purchased items. The trucks must have seat belts for passengers and also

chock blocks to stabilize the truck during loading.

Advisedly, only one truck would be allowed at a designated loading point at a given time. Each load

grouped as a lot would be entirely cleared before the next lot is tackled.

LOADING STAGE

Designated Purchaser(s) would arrive at gate of the loading Site with their truck(s) with a

reasonable number of loading assistants after having been issued entry permit signed by AGA

Security.

Purchaser and loading crew are processed to enter loading Site with Security Escort from Security

Audit by Supervising Officer

Daily Safe Work Permit is completed and signed off by Supervising Officer or representative.

Purchaser and loading crew moves to designated loading point for loading to begin under

supervision of Supervising Officer, Nominated Contractor‟s Representative if any and Seller‟s

Security Officer.

Strict ground rule is that no Purchaser or member of his or her crew must loiter at the loading Site

and also tamper with pipelines and cable tagged as „ACTIVE‟.

Loaded truck(s) then leaves to Weighbridge under Security escort with Removal Permit and Asset

Declaration Form issued by Supervising Officer.

TRUCK EXIT PHASE

Security Audit Officer shall issue out removal permit on the strength of the payment receipt to

enable Purchaser to leave the loading premises with cargo.


SECTION

D

PRICING SCHEDULE


ANGLOGOLD ASHANTI LIMITED - OFFER TO SURPLUS ITEMS


DESCRIPTION : SALE OF SURPLUS UNDERGROUND EQUIPMENT IN OBUASI MINE – PHASE 11 SITE VIEWING / MEETING : TBA



Machine ID Equipment Type Equipment

Model Make

Tendered Amount Excl. Vat

BIG SCOOPS

5 ST1030-02 LHD ST1030 Atlas Copco



14 ST6-18 LHD ST6C Atlas Copco

SMALL SCOOPS

15 ST3-32 Small Scoop ST 3.5 Atlas Copco

16 ST3-34 Small Scoop ST 3.5 Atlas Copco

DUMP TRUCKS

21 MT2000-08 Dump Truck MT2000 Atlas Copco






AUXILLIARY MACHINES

32 XLC630-02 Normet XLC630 Atlas Copco

AUXILLIARY DRILLING EQUIPMENT

33 D26201 Diamond drill D-262 Atlas Copco



36 LM55-01 Diamond drill LM55 Boart Longyear

37 ITH01 ITH ITHK9

DETAILS OF EQUIPMENT

Machine ID Equipment

Type Equipment

Model Make DATE

COMM. SERIAL NUMBER Chassis

Hrs

BIG SCOOPS

5 ST1030-02 LHD ST1030 Atlas Copco 7-Apr-09 AVO09X020 16199

6

ST1030-07 LHD ST1030 Atlas Copco 10-Mar-10

AVO 09 X125(ENGINE

S/N.73031149) 18264

7 ST1030-08 LHD ST1030 Atlas Copco 6-Dec-10

AVO 10X122 / 8997263000 12538

14 ST6-18 LHD ST6C Atlas Copco 18-Mar-11 1996565 6504


SMALL SCOOPS

Machine ID Equipt Type

EQUIPT MODEL Make

DATE COMM. SERIAL NUMBER

Chassis Hrs

15 ST3-32 Small Scoop ST 3.5 Atlas Copco 29-Jun-09

AVO 08X513 / 8997287900 8459

16 ST3-34 Small Scoop ST 3.5 Atlas Copco 17-Feb-11

AVO 08X530/ 8997207700 5240

DUMP TRUCKS

21 MT2000-08 Dump Truck MT2000 Atlas Copco 21-Sep-04 DB20P0249 25731

22 MT2000-09 Dump Truck MT2000 Atlas Copco 14-Oct-04 DB20P0250 24644

23 MT2010-01 Dump Truck MT2010 Atlas Copco 31-Mar-09 AVO09X025 11311

24 MT2010-02 Dump Truck MT2010 Atlas Copco 6-Apr-09

AVO 09x026 / 8997212700 10427

25 MT2010-03 Dump Truck MT2010 Atlas Copco 24-Dec-10

AVO 10X267 / 8997290600 3904

26 MT2010-04 Dump Truck MT2010 Atlas Copco 29-Jan-11

AVO 10X325 /8997290700 6097

AUXILLIARY MACHINES

32 XLC630-02 Normet XLC630 Atlas Copco 6491

AUXILLIARY DRILLING EQUIPMENT

33 D26201 Diamond drill D-262 Atlas Copco 12-Jun-07

CRG 05897007-01 9258

34 D26204 Diamond drill D-262 Atlas Copco 14-Aug-07 CRG106010907-1 12596

35 D26208 Diamond drill D-262 Atlas Copco 9-Mar-09 CRG108223908-1 5676

36 LM55-01 Diamond drill LM55 Boart Longyear 10484

37 ITH01 ITH ITHK9 0/0/1998 TBD 2806

Addition Engineering Items

Item No Part Number Item Description

Tendered Amount

Excl. Vat

1 2500405 Tyres;265/75 R16

2 64583102M 3.5F Axle

3 5580017699 Axle

4 5541773100 Axle

5 5573391000M Axle

6 QSL9-ST1030 Cummins Engine

Equipment Maintenance History report shall be issued out upon request to Tenderers requiring such information prior to the tender closing date

Equipment spares will be sold together with the respective equipment.

Note:

Only fixed and firm prices shall be acceptable

Tenderer shall provide a photocopy his National Identification Card/Voters ID Card

All Sales are Ex-Works (INCOTERMS 2000) which shall be Ex-mine basis

The successful Purchaser will be responsible for the collection and transportation of items from Site “on

as is where is basis”– removal from site will only be permitted on full and final payment.


SECTION

E

POTENTIAL DATABASE CONTROL SHEET


ANGLOGOLD ASHANTI LIMITED - POTENTIAL DATABASE CONTROL SHEET


DESCRIPTION : SALE OF UNDERGROUND EQUIPMENT OBUASI MINE – PHASE 11

SITE VIEWING / MEETING : TBA

PPE REQUIREMENTS : FULL SHOE



This form must be completed to arrange access at the Business Unit and to ensure your information on the

AngloGold Ashanti Potential Purchasers Catalogue is correct.

TO ENSURE Attendance to the Site Visit, THIS PAGE MUST BE COMPLETED (Name & ID Number) AND RETURNED

NOT LATER THAN 13 July 2016 @ 10h00 GMT to Benjamin Fokuoh

PLEASE TICK WHERE APPLICABLE:

YES, WILL ATTEND THE SITE MEETING

NO, WILL SUBMIT A WAIVER OF MY RIGHTS TO INSPECT

NAME AND ID NUMBER: (Person – 1)

NAME AND ID NUMBER: (Person – 2)

WILL YOU BE BRINGING A CAMERA: YES or NO

NOT INTERESTED IN THIS ENQUIRY, BUT KEEP MY DETAILS ON YOUR MAILING LIST

NOT INTERESTED, TAKE MY DETAILS OFF YOUR MAILING LIST

NAME OF TENDERER :

NAME OF SELLER :

VAT REGISTRATION NUMBER :

POSTAL ADDRESS :

PHYSICAL ADDRESS :

BUSINESS TELEPHONE NUMBER :

CELL NUMBER :

FAX NUMBER :

E-MAIL ADDRESS :

SIGNATURE : DATE:


SECTION

F

SAFETY, HEALTH, ENVIRONMENTAL MEDICAL, AND SECURITY REQUIREMENTS


SAFETY, HEALTH, ENVIRONMENT, MEDICAL AND SECURITY REQUIREMENTS

INDEX

1.0 HEALTH & SAFETY REQUIREMENTS AND TRAINING 2.0 ENVIRONMENTAL MANAGEMENT 3.0 MEDICAL REQUIREMENTS 4.0 SECURITY REQUIREMENTS


1.0 HEALTH AND SAFETY REQUIREMENTS AND TRAINING

1.1 Statutory duty for health and safety 1.1.1 Where the Purchaser:

1.1.2 designs, manufactures, repairs, imports or supplies any article for use by the Seller, the Purchaser must ensure, as far as reasonably practicable:

i. that the article is safe and without risk to environment, health and safety when used

properly; and ii. that it complies with all the requirements of the Minerals and Mining (Health Safety

and Technical) Regulation, 2012 L.I.2182 and Environmental Law; 1.1.3 erects or installs any article for use by the Seller, the Purchaser must ensure, as far as

reasonably practicable, that nothing about the manner in which the article is erected or installed makes it unsafe or creates a risk to environment, health and safety when used properly; or

1.1.4 designs, manufactures, erects or installs any article for use by the Seller, the Purchaser

must ensure, as far as reasonably practicable, that ergonomic principles are considered and implemented during design, manufacture, erection or installation;

1.1.5 is required to design or construct a building or structure, including a temporary structure, for

use by the Seller, the Purchaser must ensure, as far as reasonably practicable, that the design or construction is safe and without risk to environment, health and safety when properly used;

1.1.6 manufactures, imports or supplies any hazardous substance for use by the Seller the

Purchaser must:

1.1.6.1 ensure as far as reasonably practicable that the hazardous substance is safe and without risk to health and safety when used,handled,processed, stored or transported at the property of the Seller and is in accordance with the information provided below;

1.1.6.2 provide adequate information about:

i. the use of the hazardous substance; ii. the risks to environment, health and safety associated with the hazardous

substance; iii. any restriction or control on the use, transport and storage of the

hazardous substance, including but not limited to exposure limits; iv. the safety precautions to ensure that the substance is without risk to

environment, health or safety; v. the procedure to be followed in the case of an accident involving excessive

exposure to the substance, or any other emergency involving the substance, including an emergency incident that pollutes or has the potential to pollute the environment;

vi. the safe disposal of used containers in which the substance has been

stored and any waste involving the substance; and

1.2 General health and safety obligations of the Purchaser

1.2.1 The Purchaser shall at all times and at its cost comply with all the Seller‟s rules and regulations, policies and procedures regarding the safety of its employees including the provision of all protective clothing and/or safety equipment called for in such rules and regulations.

1.2.2 The Purchaser shall at all times conform to any reasonable instruction given by a safety officer having jurisdiction in or about the Site.

1.2.3 The Purchaser shall:


i. supply all necessary health and safety facilities and equipment to each of its employees;

ii. to the extent that it is reasonably practicable, maintain those facilities and that equipment in a serviceable and hygienic condition;

iii. ensure that sufficient quantities of all necessary personal protective equipment are available so that every one of its employees who is required to use that equipment is able to do so;

iv. ensure that all its employees who are required to use personal protective equipment are instructed in the proper use, the limitations and the appropriate maintenance of that equipment.

1.2.4 To the extent that it is reasonably practicable, every Purchaser must:

i. ensure that all its employees comply with the provisions of the Minerals and Mining (Health Safety and Technical) Regulation, 2012 L.I.2182;

ii. consider its employees‟ training and capabilities in respect of health and safety before assigning a task to them; and

iii. ensure that work is performed under the general supervision of a person trained to

understand the hazards associated with the work and to have the authority to ensure that the precautionary measures laid down by the Seller‟s Representative are implemented.

1.2.5 The Purchaser must, as far as reasonably practicable, provide its employees

with any information, instruction, training or supervision that is necessary to enable them to perform their work safely and without risk to health.

1.2.6 The Purchaser must, as far as reasonably practicable, ensure that every

employee employed by the Purchaser becomes familiar with work-related hazards and risks and the measures that must be taken to eliminate, control and minimise those hazards and risks.

1.2.7 The Purchaser must, as far as reasonably practicable, ensure that every

employee employed by it is properly trained; 1.2.7.1 to deal with every risk to such employee‟s health and safety that is

associated with any work that the employee has to perform and which has been recorded as a significant risk and the measures necessary to

eliminate, control and minimise those risks to health and safety; 1.2.7.2 in the procedures to be followed to perform that Employee‟s work; 1.2.7.3 in relevant emergency procedures, including any of the Seller‟s

internal procedures; and 1.2.7.4 in respect of every one of its employees, the provisions of

clause 3.2.1 herein must be complied with:

i. before that employee first starts work; ii. at intervals determined by the Seller‟s Representative; and iii. before significant changes are made to the nature of that employee‟s

work. 1.2.8 Should the Purchaser, its agents, representative or employees fail to comply with

any of the said health and safety requirements then the Purchaser shall pay to the Seller a sum to be determined by the Seller for each and every incident of such non-compliance.

1.2.9. Accident / Incident Reporting

The Purchaser shall immediately report to AGA Control Room on 0322091333 or 0544343344 and notify relevant AGA line management team member of any events, incidents or near misses in accordance with AGA site Incident Reporting and Investigation procedures.


1.3 Health and safety audits

1.3.1The Purchaser shall familiarise itself and comply with the requirements of the Health

and Safety Management System adopted by the Seller. 1.3.2The Seller will periodically conduct health and safety audits on the Purchaser‟s

work and site establishment if any. 1.3.3Following the first health and safety audit should the Purchaser achieve a rating of less

than the agreed rating in terms of this clause, then the Purchaser will be permitted a minimum of seven (7) days in which to rectify the defects identified.

1.3.4Should the Purchaser in any subsequent audit obtain a rating of less than the agreed

rating then the Purchaser shall pay to the Seller an amount to be determined by the Seller for each month or part thereof that the Purchaser remains with a rating less than the agreed rating.

1.4 Orientation, Induction and Training of Purchaser’s Employees

1.4.1 The Purchaser shall prior to the commencement of work on Site ensure that all its agents, representatives and employees engaged on the Contract are fully orientated with, understand and are aware of all the environment and health hazards, dangers, risks and obligations associated with the Contract and the Site.

1.4.2 The Purchaser shall in addition to the above ensure that all of its employees engaged in the Works undergo the Seller‟s mandatory induction programme, which shall comprise, but not be limited to orientation, induction and training.

1.4.3 The Purchaser shall not without prior written notification to the Seller‟s Representative, and obtaining written permission from the Seller‟s Representative, withdraw any of its employees who remains in the Purchaser‟s employ and, who have undergone a mandatory induction training programme.

2.0 ENVIRONMENTAL MANAGEMENT

2.1 Seller‟s Standards, applicable environmental procedures and systems regarding environmental management

2.1.1 The Purchaser shall at all times comply with any reasonable instruction given by the Seller relating to the environment and environmental management. 2.1.2 The Purchaser must: 2.1.2.1 ensure that its employees comply with the requirements of Environmental Law and the Seller‟s

Standards, applicable environmental procedures, systems and instructions relating to environmental management;

2.1.2.2 ensure that all its employees are made aware of any environmental risks which may results from

the Works; 2.1.2.3 ensure that all its employees are aware of the manner in which the risks in clause 2.1.2.2 must be

dealt with in order to avoid pollution or the degradation of the environment; 2.1.2.4 ensure that all its employees are trained, capable and assessed competent with respect to their

duty to prevent pollution or degradation of the environment and where pollution or degradation of the environment cannot reasonably be avoided or stopped, to minimise and rectify such pollution or degradation of the environment;

2.1.2.5 ensure that all its employees are properly trained to deal with the prevention and control of

Environmental Incidents.


2.1.3 The Purchaser shall, without limiting its obligations elsewhere in this agreement, from the commencement of work on Site until Taking Over of the Work by the Seller:

2.1.3.1 take all reasonable steps to prevent pollution, nuisance or environmental degradation on and off

Site and to avoid harm or damage to person or property resulting from its activities, the Site or the Works;

2.1.3.2 take all reasonable and necessary steps to prevent and or minimise pollution of the environment

during the setting up and commissioning of the Site and Works; and 2.1.3.3 clean up and rehabilitate the Site to the Seller‟s approval, which shall not be unreasonably

withheld. Any clean up and rehabilitation required will take place and is an integral part of the execution and completion of the Works.

2.2 Environmental Audits

2.2.1 The Seller may periodically conduct environmental audits on the Purchaser‟s work and site establishment if any, and the Site.

2.2.2 The Purchaser confirms that it is aware of, shall comply with, and consents to being

subject to the Seller‟s Environmental Audits. 2.2.3 Following the first environmental audit should the Purchaser have findings of non-legal

compliance, then the Purchaser will be permitted a minimum of seven (7) days in which to rectify the defects identified unless the defects are of such a nature that they could cause substantial harm, including damage to the reputation of Seller, in which case the Seller may specify a shorter period, reasonable in the circumstances, in which the Purchaser shall rectify the defects.

The Seller‟s Representative may, on good cause shown by the Purchaser, extend this period of one month for another period agreed to by the Seller‟s Representative. This sub-clause shall not be construed as limiting the Seller‟s other rights and remedies in terms of this Agreement or any other applicable law.

3.0 MEDICAL REQUIREMENTS

3.1 General The Purchaser shall at all times and at its own cost comply with all the Seller's and statutory rules and regulations regarding the health of its employees.

All personnel employed by the Purchaser on the Site shall be under the medical control of the Seller‟s Occupational Medical Practitioner who shall have the right to submit such personnel for medical examination

3.2 Outbreak of epidemic In the event of any outbreak of illness of an epidemic nature the Purchaser shall comply with and carry out such regulations, orders and requirements as may be made by the Government, the Seller or local medical or sanitary authority for the purposes of dealing with and overcoming the same. Should such an event occur it would be the Seller‟s medical staff‟s sole choice as to what treatment shall be given and what facilities shall be utilised for that treatment. 3.3 Acute illness

In the event that any of the Purchaser‟s employees develop a sudden illness requiring emergency care, then any such treatment as may be required will be rendered by AngloGold Ashanti, Obuasi Mine Hospital until the condition is stabilised and the employee may be safely transferred to any other medical service acceptable to the Medical Services Manager – AngloGold Ashanti, Obuasi Mine Hospital, or its representative.

3.4 Non-mine related accidents

In the event of a non-mine-related accident occurring to any of the Purchaser‟s employees, that employee shall report to the nearest appropriate medical facility. In the event that the Purchaser‟s employee reports to AngloGold Ashanti, Obuasi Mine Hospital, with or without the knowledge of the Purchaser, then any necessary treatment will be given by AngloGold Ashanti, Obuasi Mine Hospital until the condition is


stabilised and the employee may be safely transferred to any other medical service acceptable to the Manager, AngloGold Ashanti, Obuasi Mine Hospital, or its representative.

3.5 Notification of admission to the Seller‟s provider hospital The staff of AngloGold Ashanti, Obuasi Mine Hospital will notify the Purchaser, within two (2) working days, of the admission of the Purchaser‟s employee. 3.6 Occupational injuries or diseases 3.6.1 The Purchaser shall familiarise itself fully with and at its cost comply with all the rules and

regulations, statutory and domestic, regarding occupational injury and diseases. 3.6.2 In the event of any of the Purchaser‟s employees becoming ill or showing any symptoms of or be suspected of suffering from any occupational injury or disease, then the Purchaser shall immediately present those employees to AngloGold Ashanti, Obuasi Mine Hospital for medical examination. Following such medical examination AngloGold Ashanti, Obuasi Mine Hospital shall have the right to provide such medical or surgical treatment as may be necessary and to detain those Purchaser‟s employees he deems necessary at an AngloGold Ashanti, Obuasi Mine Hospital until they are considered sufficiently recovered. 3.6.3 Compensation for Occupational Injuries and Diseases

The Purchaser is advised to take out and maintain an insurance policy for Occupational Injuries and Diseases with an insurer that is approved by the Seller.

3.7 First aid

The Purchaser shall provide and maintain in an easily accessible position on Site adequate first

aid facilities and equipment.

The Purchaser shall at all times on Site a suitable number of, but at least one, persons suitably

qualified in the administration of first aid.

The Seller‟s medical and occupational health and safety staff shall have the right to inspect all

such facilities and equipment and the Purchaser shall be bound to carry out any instruction given

in writing by such staff.

In the event that the Purchaser uses any equipment which is the property of the Seller then

all costs so incurred by the Seller will be for the Purchaser‟s account.

3.8 Environment, Health and Safety Reports

3.8.1 The Purchaser shall keep a record of all work related accidents and Environmental

Incidents, no matter how small. All such recorded accidents and incidents shall be

reported to the Seller‟s Representative within 24 hours. In case of serious injury a major

Environmental Incident the Seller‟s Representative shall be informed immediately,

regardless of time of day or night;

3.8.2 All cases of illness that may be considered to be occupational in origin shall immediately

be reported to AngloGold Ashanti Obuasi Mine Hospital;

3.8.3 All cases sent to AngloGold, Ashanti, Obuasi Mine Hospital for treatment shall be

accompanied by an initial accident report a copy thereof being sent to the Seller‟s

Representative as soon thereafter as possible.

4.0. SECURITY REQUIREMENTS

4.1 Screening of Purchaser‟s employees

The Purchaser shall present all its employees engaged in the Contract to the Seller‟s Security Department for security screening and the issue of access control / identification cards. To this end the Purchaser‟s employees‟ identification document and medical certification must be available at the time of screening.


Employees being withdrawn from Site shall immediately return such access control/identification cards to the Seller. Cards lost or damaged by the Purchaser‟s employees will be charged to and payable by the Purchaser.

4.2 Access control

Access to the Seller‟s property shall be restricted to approved Purchaser‟s personnel and vehicles and only be by permission of the Seller‟s Representative.

4.3 Security checks The Seller shall have the right at all time without prior notice or, warning to search, inspect or examine any of the Purchasers property, agents, representatives employees or Purchaser‟s Equipment whilst such is on Seller‟s property. 4.4 Gate permits

A gate permit must be obtained by the Purchaser and prominently affixed to each and every vehicle the Purchaser operates on Site.

The Purchaser shall make application for each gate permit to the relevant Seller‟s Security Department who will, on approval, issue the Purchaser with the said permit. No access to the Seller‟s property will be permitted for any Purchaser‟s vehicle unless that vehicle displays a correctly authorised gate permit. 4.5 Purchaser‟s vehicles and equipment The Purchaser‟s vehicles and equipment shall be restricted to the areas in which the Purchaser is employed and routes for which access to the Site is necessary. The Purchaser shall not be permitted to drive freely throughout the Seller‟s property. The Purchaser shall obtain the correct routes of access to the Site from the Seller‟s Security Department.

Wherever applicable, the Purchaser‟s vehicles and equipment shall be inspected and approved by the Seller‟sTransport Department before start of Work. Equipment operators shall be inducted and certified

before start of work. In case new vehicles, equipment, drivers, personnel are being brought on site during the course of the Project, these category of personnel and equipment would have to go through the induction and certification process as the case may be. 4.6 Cost of security requirements All costs incurred by the Seller in screening of Purchaser‟s employees and the issuing of control cards and gate permits shall be for the Purchaser‟s account.


SECTION

A

PICTURES OFSALE ITEMS


ST6-18

ST1030 - 02


ST1030 - 07

ST1030 - 08


ST3 - 32

ST3 - 34


MT2000-01

MT2000-08


MT2010-01

MT2010-02


MT2010-03

MT2010-04


XLC630-02

D262-01


D262-04


D262-08

LM55-01

to: from: the potential tenderer … -obuasi mine ghana (hereinafter referred to as “the seller...

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