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ATDP PT 000022 ATD CONTRACT FIDIC 99 SHORT FORM Issue 0 Copyright

CONTRACT FIDIC 99 SHORT FORM Date : Technical Queries : Commercial Queries : CONTRACTOR EMPLOYER CLIENTNAME Herein represented by Anglo Operations Limited Anglo Corporate Division Acting as agent for CLIENTNAME P O Box 61587 MARSHALLTOWN 2107 Attention Telephone Facsimile Project : Mr : : Area Telephone: +27 11 638Telephone: +27 11 638-

Facility

Job

Item

Flag

Requisition No.

PROJECT CONTRACT NO DESCRIPTION

: : :

PROJECTNAME

On behalf and for the account of the Employer a Contract is hereby placed for the execution of the above Works in accordance with the contract documents attached. 1. THE CONDITIONS OF CONTRACT The conditions of contract comprise the General Conditions contained in the FIDIC Short Form of Contract, First Edition 1999, and the Particular Conditions contained in the contract documents. 2. THE CONTRACT The following sections are to be read with and form an integral part of the Contract: Section 1 Section 2 Section 3 Section 4 Agreement Conditions of Contract Specifications and Drawings Schedule of Prices

ATDP_PT_000022

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21 December 2001

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ATDP PT 000022 ATD CONTRACT FIDIC 99 SHORT FORM Issue 0 Copyright

3.

PAYMENTS In consideration of the payments to be made by the Employer to the Contractor, the Contractor covenants to execute the Works in conformity with the provisions of the Contract and the Employer hereby covenants to pay the Contractor in consideration of the execution of the Contract the Contract Price at the times and in the manner prescribed in the Contract.

4.

SIGNING OF CONTRACT DOCUMENTS We enclose the contract document for the project for your signature. complete the document in full as set out below: 4.1 4.2 The Offer completed on page ... Every page initialled in the bottom right hand corner. Please

Please return the fully signed document together with the resolution of signing power to the writer within one week of receipt. For and on behalf of Anglo Operations Limited Anglo Corporate Division Acting as Agent for CLIENTNAME

___________________ PROCUREMENT MANAGER Copies to KCM plc: Originator Procurement (Contract File) Cost Control (MLC) Logistics (VP) Expediting (JM) Finance (RvW) Document Control (SM)

___________________ PROJECT MANAGER (Over US$20 000) (Jhb) (Site) (Jhb) (Jhb) (Jhb) (Jhb) (Jhb) (Site) (3 Copies)

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21 December 2001

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CONTRACT DOCUMENTS

CONTRACT NO. DESCRIPTION

: : (MONTH-YEAR)

ATDP PT 000022 ATD CONTRACT FIDIC 99 SHORT FORM Issue 0 Copyright

CONTENTS

Page

SECTION 1 - AGREEMENT...................................................................................................2 SECTION 2 - CONDITIONS OF CONTRACT........................................................................6 SECTION 3 - SPECIFICATIONS .........................................................................................29 SECTION 4 SCHEDULE OF PRICES...............................................................................44 DESCRIPTION.....................................................................................................................46

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ATDP PT 000022 ATD CONTRACT FIDIC 99 SHORT FORM Issue 0 Copyright

SECTION 1 - AGREEMENT

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ATDP PT 000022 ATD CONTRACT FIDIC 99 SHORT FORMAGREEMENT The Employer is CLIENTNAME, of CLIENTADDRESS. The Contractor is of . The Employer desires the execution of certain Works known as .... .. OFFER The Contractor has examined the documents listed in the Appendix which forms part of this Agreement and offers to execute the Works in conformity with the Contract for the sum of .(in words) .. (in figures) () or such other sum as may be ascertained under the Contract.

Issue 0 Copyright

Signature: Name: Capacity:

.. .. .

Date: . Authorised to sign on behalf of: (organisation name):. ..

ACCEPTANCE The Employer has by signing below, accepted the Contractors offer and agrees that in consideration for the execution of the Works by the Contractor, the Employer shall pay the Contractor in accordance with the Contract. Signature: Name: Capacity: .. .. . Date: ... Authorised to sign on behalf of: CLIENTNAME

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ATDP PT 000022 ATD CONTRACT FIDIC 99 SHORT FORMAPPENDIX This Appendix forms part of the Agreement. Item Documents forming the Contract listed in the order of priority Document (add/delete as applicable) a) b) c) d) e) f) The Agreement Particular Conditions General Conditions The Specification The Drawings Schedule of Prices/Bill of Quantities 1.1.7 1.1.9 1.4 1.5 2.1 3.1 3.2 4.4 SubClause 1.1.1 Document Identification Section 1 Section 2 Section 2 Section 3 . Section 4 days Law of the Republic of South Africa English On the Commencement Date Vice President Engineering and Projects, CLIENTNAME Refer to Particular Conditions SubClauses 3.2.1 and 3.2.2 10% of the Contract Price (Required only for Contracts exceeding US$100 000.00 in value) Data

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Commencement Date Time for Completion Law of the Contract Language Provision of Site Authorised Person Names of Employers Representatives Performance Security

Requirements for Contractors design Programme: Time for Submission Form of Programme Amount payable due to failure to complete

5.1

7.2 7.2 7.4

With tender Suretrak per day up to a maximum of 10% of the sum stated in the Agreement.21 December 2001

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ATDP PT 000022 ATD CONTRACT FIDIC 99 SHORT FORMPeriod for notifying defects 9.1 & 11.5

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365 Days calculated from the date stated in the notice under Sub-Clause 8.2

Item Variation Procedure: Daywork Rates Valuation of the Works: Lump Sum Price Lump sum price with schedules of rates Lump sum price with bill of quantities Remeasurement with tender bill of quantities Percentage of Value of Materials and Plant Percentage of Retention

SubClause 10.2

Data

Refer to Addenda A and B

11.1 11.1 11.1 11.1

Lump sum offer without supporting details Lump sum offer supported by schedules of prices Lump sum offer based on bill of quantities prepared by the Employer A sum subject to remeasurement of the rates offered by the tenderer in the bill of quantities prepared by the Employer. Materials ..% Plant .%

11.2

11.3

10% for contracts not exceeding US$100 000.00 in value and 10% to a maximum of 5% of the Contract Pricefor contracts exceeding US$100 000.00 in value US$/ZAR The rate charged by the Federal Reserve Bank of the United States of America/The rate charged by the Reserve Bank of the Republic of South Africa at the time such interest became due/Simple interest at the ruling rate of the Central Bank of the currency of payment.

Currency of Payment Rate of Interest

11.7 11.8

Insurances

14.1

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ATDP PT 000022 ATD CONTRACT FIDIC 99 SHORT FORMType of Cover The Works, Materials, Plant and Fees Marine and Transit Contractors Equipment Third Party injury to persons and damage to property Personnel Professional Indemnity Arbitration: Rules 15.3 Rules of the Chartered Institute of Arbitrators, 1 Angel Gate, London, England President of Chartered Institute of Arbitrators or his nominee The Republic of South Africa Amount of Cover Refer to Particular Conditions Refer to Particular Conditions By Contractor By Contractor By Contractor By Contractor Exclusions Refer to Particular Conditions Refer to Particular Conditions Refer to Particular Conditions Refer to Particular Conditions Refer to Particular Conditions Refer to Particular Conditions

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Appointing Authority Place of Arbitration

15.3 15.3

SECTION 2 - CONDITIONS OF CONTRACT

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ATDP PT 000022 ATD CONTRACT FIDIC 99 SHORT FORM Issue 0 Copyright

GENERAL CONDITIONS OF CONTRACTThe Conditions of Contract comprise the General Conditions, which form part of the FIDIC Short Form of Contract, First Edition 1999, published by the Fdration Internationale des Ingnieurs Conseils (ISBN2-88432-024-5) (The Contractor is deemed to be acquainted with and shall be in possession of the General Conditions), and the following Particular Conditions, which include amendments and additions to such General Conditions:

PARTICULAR CONDITIONS Clause 11.1

General Provisions

Definitions Add the following: 1.1.4 The Employers Principal Agent/Principal Agent/Agent means Anglo Operations Limited Anglo Corporate Division whose address is: 44 Main Street, Johannesburg, RSA and P O Box 61587, Marshalltown, 2107, RSA. The Commencement Date means the date stated in the Appendix. Force Majeure Add the following: Force Majeure may include, but is not limited to, exceptional events or circumstances of the kind listed below, so long as all of the four conditions stated in the definition have been satisfied: a) b) c) d) war, hostilities (whether war be declared or not), invasion, act of foreign enemies, rebellion, terrorism, revolution, insurrection, military or usurped power, or civil war, riot, commotion, disorder, strike or lockout by persons other than the Contractors personnel and other emp

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