CLARIFICATIONS 3. It is MCA-N policy that all additional information supplied to any bidder shall be provided to all prospective bidders.

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Tiffany Collins
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15 January 2013 RENOVATION AND CONSTRUCTION OF INFRASTRUCTURE EXPANSION AND IMPROVEMENT OF MANAGEMENT CENTRES & STAFF HOUSING IN THE ETOSHA NATIONAL PARK OMBIKA (LOT 1) & GALTON GATE (LOT 2) Ref.

1 15 January 2013 RENOVATION AND CONSTRUCTION OF INFRASTRUCTURE EXPANSION AND IMPROVEMENT OF MANAGEMENT CENTRES & STAFF HOUSING IN THE ETOSHA NATIONAL PARK OMBIKA (LOT 1) & GALTON GATE (LOT 2) Ref. MCAN/COM/IFB/2A02003-A CLARIFICATIONS 3 It is MCA-N policy that all additional information supplied to any bidder shall be provided to all prospective bidders. Below is the response to the question posted by some of the bidders: 1. For the whole of the projects we have done, we usually use the guarantee from the insurance company instead of the bank, I wonder if we can provide the guarantee from the insurance company for the Etosha project? A. Yes, the bid security from insurance companies is also valid as long as it complies with the requirements outlined in the IFB. 2. The project document said payment will be deduct 3%, no matter what pay USD or N$,, what does means A. This refers to clause 14.8 under Section VI Bidding forms, Appendix to Bid of the IFB, please note that this clause is to be read in conjunction with clause 14.8 in the FIDIC document and refers to the financial charges paid to the Contractor in the event of payment being delayed by the Employer (MCA-N in this case). The charges are paid to the contractor in the currency of the bid (either USD or NAD). Bidders to take note as follows: As indicated in Clarifications 1 document, please find the HIV Approved Service Providers List attached hereto as Annexure 1. Accommodation of Site Staff at Ombika Bidders should take note that the workers camp at Ombika shall be located outside the Park. MCA-N has negotiated on behalf of the potential contractor with Eldorado Farm situated about 10 km from the Ombika gate to host the workers camp. A lease agreement between the successful contractor and the farm owner has been drawn up and is attached hereto as Annexure 2 for the bidders attention.

2 The following EMP conditions are to be amended for the workers camp at Eldorado Farm: - Fencing off the workers camp with an electrical fence is no longer required. The bidders should note that the workers camp at Galton gate shall be located at the construction site. A dedicated site, preferably the area earmarked for future soccer field within the construction area shall be selected. Please note that all EMP conditions and requirements for workers camp shall be applicable to both Galton Gate and Eldorado Farm camps. Should you need further clarification, please do not hesitate to contact the undersigned. Johann Botha Director: Procurement Millennium Challenge Account Namibia Page 2 of 13

3 Annexure 1: HIV Approved Service Providers List List of HIV/AIDS consultants in MCA-N HIV/AIDS Roster (in no particular order) No Consultant / Firm Name Contact Details ( & Tel) Contact Person 1 Amutenya Kaarina P nduuvu2009@gmail.com Amutenya Kaarina 2 Aochamus Chtristine E christine@nabcoa.org Aochamus Chtristine 3 Catholic Aids Action richardbauermm@mca.com rick@caa.org.na Richard Bauer 4 Desert Soul rosa@deserthdc.com Monica Uulenga Rosa Kahembe 5 Grow nphatela@gmail.com; crosstraining@iway.na Natasha Williams- Phatela 6 Mcintosh Xaba mxa@mxa.co.za 27 (0) Steffen Wiese 7 Ndahafa Health Care Agatha.kuthedze@yahoo.com ndahafahealthcareservices@yahoo.com Agatha Kuthedze Services Ndahafa Nantanga 8 Positive Vibes hannelie@positivevibes.org Hannelie Coetzee 9 Shihepo Simonee L simoneeshihepo@yahoo.com Simonee Shihepo 10 Shirumbu Consulting shirumbu@iafrica.com.na David Lush 11 Life Line / Child Line Jane.Shityuwete@lifeline.org.na Dube.Sibangani@lifeline.org.na Jane Shityuwete Dube Sibangani Page 3 of 13

4 Annexure 2: Lease Agreement LEASE AGREEMENT This Lease Agreement is between: (Full names and address of Lessor) And, (Full names and address of Lessee) The Lessor and Lessee hereby agree as follows: 1. LETTING The Lessor shall let and the Lessee shall hire the 2Ha piece of land indicated by Lessor, on the terms and conditions stipulated in this Agreement. 2. INTERPRETATION 2.1 In this Agreement, except in a context indicating that some other meaning is intended: the Buildings means any fixed dwelling on the Land; day means calendar days the Lease Period means the period for which this lease subsists, including any period for which it is renewed; the Lessor s Equipment means all fixture and fittings contained in the Buildings and forming part hereof as well as the appliances, equipment, appurtenances, tools, and other articles and things described in the schedule to this lease, and (where consistent with the context) includes all replacements thereof, if any; Page 4 of 13

5 2.1.5 month means a calendar month the Land means land described in Annex 1 to this Agreement the Rent means the rental payable by the Lessee to the Lessor for the hire of the Land; year means a period of 12 consecutive months commencing on the date on which this lease comes into operation or any anniversary of that date; expressions in the singular also denote the plural, and vice versa; words and phrases denoting natural persons refer also to juristic persons, and vice versa; and pronouns of any gender include the corresponding pronouns of the other gender. 2.2 Any provision of this lease imposing a restraint, prohibition, or restriction on the Lessee shall be so construed that the Lessee is not only bound to comply therewith but is also obliged to procure that the same restraint, prohibition, or restriction is observed by everybody occupying or entering the Land or any part thereof through, under, by arrangement with, or at the invitation of, the Lessee, including (without limiting the generality of this provision) the employees and contractors. 2.3 Clause headings appear in this lease for purposes of reference only and shall not influence the proper interpretation of the subject matter. 2.4 This lease shall be interpreted and applied in accordance with Namibia Law. 3. LEASE PERIOD 3.1. The Lease Period shall be from March 2013 until June 2014, after which it may be extended by written mutual agreement between the Lessor and Lessee on a monthly basis. 4. RENT 4.1. The Rent shall be N$20,000 (Twenty Thousand Namibian Dollars) excl. VAT for each month of the Lease Period, including any extensions On entering into this Agreement the Lessee shall pay the Lessor a deposit of N$20, (Twenty Thousand Namibian Dollars). The deposit shall be utilized for the purpose of recovering damages on the Land and/or Buildings caused by the Lessee, its employees, agents or representatives. In the event that no damages are incurred, the Lessor shall pay back the deposit to the Lessee within 7 days after the expiry of this Lease Period, including any extensions. The deposit or balance thereof shall bear no interest when paid back. 5 LESSOR S OBLIGATIONS 5.1 The Lessor agrees to: Provide the Lessee with 8m³ natural borehole water daily at no additional cost. All extra water will be payable by Lessee at N$10,00 per m³ (excl. VAT). Page 5 of 13

6 5.1.2 Allow the Lessee the use of the following Buildings: 10x5m building and two toilets at no additional cost; This building may ONLY be used for an office, shop or storeroom and not as a shed or accommodation. This building is at Eldorado s main entrance and the surrounding area may not be used as parking for the building contractor s vehicles. No litter will be tolerated Provide the Lessee firewood at the rate of N$1,500 per ton (excl. VAT) Provide the Lessee meat, of which the cheapest cut (bones with 20%+ meat) will be N$20,00p/kg (excl. VAT). All other meat-prices will depend on the cut Facilitate access to power from the Epacha Power Company, any and all expenses for Lessee The lessor shall provide a 2Ha piece of land for the use of campsite and storage of machinery. 6 PAYMENTS 6.1 The Lessee shall pay the Rent monthly on or before the first day of every month for which Rent is paid. 6.2 The Lessee shall pay for the firewood and meat provided by the Lessor monthly on or before the first day following the month during which firewood and meat was provided. 6.3 All payments due by the Lessee to the Lessor under this Agreement shall be made by debit order on the Bank Account on the Bank Account stipulated in Annex 2 to this Agreement. 6.4 The Lessee shall not withhold, defer, or make any deduction from any payment due to the Lessor, whether or not the Lessor is indebted to the Lessee or in breach of any obligation to the Lessee. 7 SECURITY 7.1 The Lessee shall be obliged to provide adequate security in respect of Lessee s own goods and possessions stored on the Land as well as any Buildings and contents thereof provided by the Lessor. The Lessor shall under no circumstances be liable for any loss of or damage to property of the Lessee, but the Lessee shall be liable for any loss of or damage to the Building occurred during the Lease Period. 8 ASSIGNMENT AND SUBLETTING 8.1 The Lessee shall not, except with the prior written consent of the Lessor: cede or assign all or any of the rights and obligations of the Lessee under this lease; sublet or give up possession of the Land or the Buildings. Page 6 of 13

7 9 SUNDRY DUTIES OF THE LESSEE 9.1 The Lessee shall: keep the Land clean, tidy and habitable; not use the Land or allow it to be used for any purpose other than residential occupancy and business administration; take good and proper care of the Buildings and refrain from causing or allowing them to be used for any purpose for which they were not intended; take all reasonable measures to protect the Land and the Buildings from abuse, damage, destruction, and theft; not cause or commit any nuisance on the Land or cause any annoyance or discomfort to the Lessor; not leave refuse or allow it to accumulate in or about the Land except in adequate refuse bins suitable placed and supplied by Lessee; not procure or allow any of his employees and contractors to procure firewood from any sources other than the Lessor The Lessee shall fence the campsite with game-proof fencing with razor wire on top The Lessee shall provide all ablution, sewerage systems/services, buildings and all other facilities for the stay of the contractor s employees at the Lessee s own cost. 10 MAINTENANCE AND REPAIRS 10.1 The Lessee shall at his own expense and without recourse to the Lessor: throughout the Lease Period maintain in good order and condition of the Land and/or Buildings; on the termination of this lease, howsoever and whenever it terminates, return the Land and Buildings to the Lessor in good order, condition and repair, the building is new and therefore the lessor expect it to be in the same or better condition when this lease end Should the Lessee fail to carry out any of its obligations under this lease with regard to any maintenance, repair, or replacement, the Lessor shall be entitled, without prejudice to any of its other rights or remedies, to effect the required item of maintenance, repair, or replacement and to recover the cost thereof from the Lessee. 11 ALTERATIONS, ADDITIONS AND IMPROVEMENTS 11.1 The Lessee shall not make any alterations or additions to the Land or the Buildings without the Lessor s prior written consent If the Lessee does alter, add to, or improve the Land in any way, whether in breach of clause 11.1 or not, the Lessee shall, if so required in writing by the Lessor, restore the Land on the termination of this lease to its condition as it was prior to such alteration, addition or improvement having been made. The Lessor s requirement in this regard may be communicated to the Lessee at any time, but not later than the 14 th day after the Lessee has delivered up the Land pursuant to the termination of this lease. Page 7 of 13

8 11.3 The Lessee shall not, whatever the circumstances, have any claim against the Lessor for compensation for any improvement or repair to the Land or the Buildings, nor shall the Lessee have a right of retention in respect of any improvements. 12 EXCLUSION OF LESSOR FROM CERTAIN LIABILITY AND INDEMNITY 12.1 The Lessee shall have no claim for damages against the Lessor and may not withhold or delay any payment due to the Lessor by reason directly or indirectly of: a breach by the Lessor of any of its obligations under this lease; the condition or state of repair at any time of the Land; any other event or circumstance whatever occurring, or failing to occur, upon, in, or about the Land or any of the Buildings, whether or not the Lessor could otherwise have been held liable for such occurrence or failure, and the Lessee indemnifies the Lessor against all liability to the Lessee, its employees and contractors, and all other persons who may occupy or be entitled to occupy the Land or any parts thereof through or under the Lessee The above exclusions shall, however, not excuse the Lessor from specific performance of any of its obligations under this Agreement. 13 DAMAGE TO OR DESTRUCTION OF PREMISES 13.1 If the Land is destroyed or so damaged that it can no longer be beneficially occupied, this lease shall terminate when that happens unless the parties agree in writing otherwise. 14 SPECIAL REMEDY FOR BREACH 14.1 Should the Lessee default in any payment due under this Agreement or be in breach of its terms in any other way, and fail to remedy such default or breach within 7 (seven) days after receiving a written demand that it be remedied, the Lessor shall be entitled, without prejudice to any alternative or additional right of action or remedy available to the Lessor under the circumstances without further notice, to cancel this lease with immediate effect, be repossessed of the Land, and recover from the Lessee damages for the default or breach and the cancellation of this Agreement Clause 14.1 shall not be construed as excluding the ordinary lawful consequences of a breach of this lease by either party (save any such consequences as are expressly excluded by any of the other provisions of this lease) and in particular any right of cancellation of this lease on the ground of material breach going to the root of this Agreement In the event of the Lessor having canceled this lease justifiably but the Lessee remaining in occupation of the Land, with or without disputing the cancellation, and continuing to tender payments of the Rent and any other amounts which would have been payable to the Lessor but for the cancellation, the Lessor may accept such payments without prejudice to and without affecting the cancellation, in all respects as if they had been payments on account of the damages suffered by the Lessor by reason of the unlawful holding over on the part of the Lessee. Page 8 of 13

9 15 COSTS The stamp duty payable thereon shall be borne by the Lessee, as well as any costs of legal advisors, contracts and registrations in this regard. 16 SPECIAL RESTRICTIONS AND RULES BY LESSOR 16.1 The main entrance of Eldorado may not be blocked in any way and stop guests and busses from entering Eldorado The main entrance must be kept free of any litter by contractor s employees at all times The area where the contractor will make the camping facilities must be closed with gameproof fencing and an area of 10m wide around this campsite must be kept grass-free to prevent bushfires No persons are allowed to roam outside the campsite No visitors are allowed No hunting is allowed. Any circumstances where wire-traps are found or the suspicion about any illegal activities arise, the police will be notified and the lessor will order a private investigative team, for which the lessee will pay, if there is any indication that an employee of the contractor or illegal visitor to the campsite is responsible. Any losses to the lessor s game-animals will be payable by the lessee at trophy-prices Any losses to the live-stock of the lessor, due to illegal activities by an employee of the contractor or illegal visitor to the campsite will be payable by the lessee at going auction prices Any damage or losses to guests vehicles and personal property, due to illegal activities by inhabitants or illegal visitors to the campsite will be payable by the lessee Any damages to animals and fencing due to fire that is started by inhabitants or illegal visitors of the campsite will be payable by the lessee None of the lessor s guests should be approached by any worker of the contractor s company for any reason whatsoever. 17 DOMICILIA AND NOTICES 17.1 The parties choose as their respective domicilia citandi et executandi for the effective service of all notices and legal processes flowing from this agreement, the following addresses: The Lessor: The Lessee: Farm Eldorado Outjo Page 9 of 13

10 17.2 The parties shall be entitled to change their respective domicilia citandi et executandi from time to time by giving written notice effective upon receipt of such notice of change by the addressee. 18 WHOLE AGREEMENT 18.1 This is the entire agreement between the parties Neither party relies in entering into this lease upon any warranties, representations, disclosures or expressions of opinion which have not been incorporated into this lease as warranties or undertakings No variation or consensual cancellation of this lease shall be of any force or effect unless reduced to writing and signed by both parties. 19 NON-WAIVER 19.1 Neither party shall be regarded as having waived, or be precluded in any way from exercising any right under or arising from this Agreement by reason of such party having at any time granted any extension of time for, or having shown any indulgence to the other party with reference to, any payment or performance hereunder, or having failed to enforce, or delayed in the enforcement of, any right of action against the other party The failure of either party to comply with any non-material provision of this Agreement shall not excuse the other party from performing the latter s obligations hereunder fully and timorously. 20 WARRANTY OF AUTHORITY The person signing this lease on behalf of the Lessor and the Lessee expressly warrants his authority to do so. 21 SALE OF LAND The validity of this lease shall not in any way be affected by the transfer of the Land from the Lessor pursuant to a sale thereof. It shall accordingly, upon registration of transfer of the Land into the name of the purchaser, remain of full force and effect save that the purchaser shall be substituted as Lessor and acquire all rights and be liable to fulfill all the obligations which the Lessor, as Lessor, enjoyed against or was liable to fulfill in favor of the Lessee in terms of the lease. Page 10 of 13

11 Signed at on. LESSEE: WITNESS: Signed at on. LESSOR: WITNESS: Page 11 of 13

12 Annex 1 Description of Land Location: Farm Eldorado, Outjo, Namibia Farm no: Reference GIS data: Boundaries (attach plan or aerial photograph) Page 12 of 13

13 Annex 2 Lessor s Banking Details Bank account holder: Bank account: Bank: Branch code: Page 13 of 13

AGREEMENT OF LEASE: UNFURNISHED HOUSE

AGREEMENT OF LEASE: UNFURNISHED HOUSE Between ( the Lessor ) and ( the Lessee ) 1. INTERPRETATION 1.1 In this lease, except in a context indicating that some other meaning is intended: 1.1.1 "the Buildings