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NEC3 Engineering and Construction Contract

This document is a contract between Eskom Holdings SOC Ltd and another party for the installation of spherical valve bypass valves and associated piping on units 1-4 at Drakensberg Power Station. The contract includes agreements and contract data across 17 pages, pricing data across 4 pages, scope of work details across 19 pages, and site information across 2 pages. It outlines the form of offer and acceptance between the parties, including the offered total price, acceptance terms, and schedule of deviations. The terms of the contract are contained within these specified parts of the document.

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0% found this document useful (0 votes)
426 views

NEC3 Engineering and Construction Contract

This document is a contract between Eskom Holdings SOC Ltd and another party for the installation of spherical valve bypass valves and associated piping on units 1-4 at Drakensberg Power Station. The contract includes agreements and contract data across 17 pages, pricing data across 4 pages, scope of work details across 19 pages, and site information across 2 pages. It outlines the form of offer and acceptance between the parties, including the offered total price, acceptance terms, and schedule of deviations. The terms of the contract are contained within these specified parts of the document.

Uploaded by

patrick
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 45

NEC3 Engineering & Construction Contract

Between ESKOM HOLDINGS SOC Ltd


(Reg No. 2002/015527/30)

and [Insert at award stage]


(Reg No. ___________ )

for Installation of the Spherical Valve Bypass Valve and


Associated Piping on units 1 - 4 at Drakensberg
Power Station

Contents: No of
pages
Part C1 Agreements & Contract Data 17
Part C2 Pricing Data 4
Part C3 Scope of Work 19
Part C4 Site Information 2

CONTRACT No. [Insert at award stage]


ESKOM HOLDINGS SOC Ltd. CONTRACT NUMBER ______________
INSTALLATION OF THE SPHERICAL VALVE BYPASS VALVE AND ASSOCIATED PIPING ON UNITS 1 - 4 AT DRAKENSBERG
POWER STATION

Part C1: Agreements & Contract Data

Document Title No of
reference pages
This cover page 1

C1.1 Form of Offer and Acceptance 3

C1.2a Contract Data provided by the Employer 11

C1.2b Contract Data provided by the Contractor 2

Total number of pages 17

CONTRACT 2 ECC3 COVER PAGES


ESKOM HOLDINGS SOC Ltd. CONTRACT NUMBER ______________
INSTALLATION OF THE SPHERICAL VALVE BYPASS VALVE AND ASSOCIATED PIPING ON UNITS 1 - 4 AT DRAKENSBERG
POWER STATION

C1.1 Form of Offer & Acceptance


Offer
The Employer, identified in the Acceptance signature block, has solicited offers to enter into a contract for
the procurement of:

Installation of the Spherical Valve Bypass Valve and Associated Piping on


units 1 - 4 at Drakensberg Power Station
The tenderer, identified in the Offer signature block, has examined the documents listed in the Tender Data
and addenda thereto and by submitting this Offer has accepted the Conditions of Tender.

By the representative of the tenderer, deemed to be duly authorised, signing this part of this Form of Offer
and Acceptance the tenderer offers to perform all of the obligations and liabilities of the Contractor under the
contract including compliance with all its terms and conditions according to their true intent and meaning for
an amount to be determined in accordance with the conditions of contract identified in the Contract Data.

Option A The offered total of the Prices exclusive of VAT is R


Value Added Tax @ 15% is R
1
The offered total of the amount due inclusive of VAT is R
(in words)

This Offer may be accepted by the Employer by signing the Acceptance part of this Form of Offer and
Acceptance and returning one copy of this document including the Schedule of Deviations (if any) to the
tenderer before the end of the period of validity stated in the Tender Data, or other period as agreed,
whereupon the tenderer becomes the party named as the Contractor in the conditions of contract identified
in the Contract Data.

Signature(s)

Name(s)

Capacity

For the
tenderer:

(Insert name and address of organisation)


Name &
signature of Date
witness
Tenderer’s CIDB registration number (if applicable)

1
This total is required by the Employer for budgeting purposes only. Actual amounts due will be assessed in
terms of the conditions of contract.

PART C1: AGREEMENT & CONTRACT DATA PAGE 3 C1.1 ECC3 FORM OF OFFER AND ACCEPTANCE
ESKOM HOLDINGS SOC Ltd. CONTRACT NUMBER ______________
INSTALLATION OF THE SPHERICAL VALVE BYPASS VALVE AND ASSOCIATED PIPING ON UNITS 1 - 4 AT DRAKENSBERG
POWER STATION

Acceptance
By signing this part of this Form of Offer and Acceptance, the Employer identified below accepts the
tenderer’s Offer. In consideration thereof, the Employer shall pay the Contractor the amount due in
accordance with the conditions of contract identified in the Contract Data. Acceptance of the tenderer’s Offer
shall form an agreement between the Employer and the tenderer upon the terms and conditions contained in
this agreement and in the contract that is the subject of this agreement.

The terms of the contract, are contained in:

Part C1 Agreements and Contract Data, (which includes this Form of Offer and Acceptance)

Part C2 Pricing Data

Part C3 Scope of Work: Works Information

Part C4 Site Information

and drawings and documents (or parts thereof), which may be incorporated by reference into the above
listed Parts.

Deviations from and amendments to the documents listed in the Tender Data and any addenda thereto listed
in the Returnable Schedules as well as any changes to the terms of the Offer agreed by the tenderer and the
Employer during this process of offer and acceptance, are contained in the Schedule of Deviations attached
to and forming part of this Form of Offer and Acceptance. No amendments to or deviations from said
documents are valid unless contained in this Schedule.

The tenderer shall within two weeks of receiving a completed copy of this agreement, including the Schedule
of Deviations (if any), contact the Employer’s agent (whose details are given in the Contract Data) to arrange
the delivery of any securities, bonds, guarantees, proof of insurance and any other documentation to be
provided in terms of the conditions of contract identified in the Contract Data at, or just after, the date this
agreement comes into effect. Failure to fulfil any of these obligations in accordance with those terms shall
constitute a repudiation of this agreement.

Notwithstanding anything contained herein, this agreement comes into effect on the date when the tenderer
receives one fully completed original copy signed between them of this document, including the Schedule of
Deviations (if any).

Unless the tenderer (now Contractor) within five working days of the date of such receipt notifies the
Employer in writing of any reason why he cannot accept the contents of this agreement, this agreement shall
constitute a binding contract between the Parties.

Signature(s)

Name(s) Avi Singh

Capacity General Manager – Peaking


Operating Unit
for the Eskom Holdings SOC Limited
Employer Peaking Generation
PO Box 3487
Tygervalley
7536
(Insert name and address of organisation)
Name &
signature of Date
witness

Note: If a tenderer wishes to submit alternative tenders, use another copy of this Form of Offer and
Acceptance.

PART C1: AGREEMENT & CONTRACT DATA PAGE 4 C1.1 ECC3 FORM OF OFFER AND ACCEPTANCE
ESKOM HOLDINGS SOC Ltd. CONTRACT NUMBER ______________
INSTALLATION OF THE SPHERICAL VALVE BYPASS VALVE AND ASSOCIATED PIPING ON UNITS 1 - 4 AT DRAKENSBERG
POWER STATION

Schedule of Deviations to be completed by the Employer prior to contract award


Note:
1. This part of the Offer & Acceptance would not be required if the contract has been developed by negotiation between the
Parties and is not the result of a process of competitive tendering.
2. The extent of deviations from the tender documents issued by the Employer prior to the tender closing date is limited to those
permitted in terms of the Conditions of Tender.
3. A tenderer’s covering letter must not be included in the final contract document. Should any matter in such letter, which
constitutes a deviation as aforesaid be the subject of agreement reached during the process of Offer and Acceptance, the
outcome of such agreement shall be recorded here and the final draft of the contract documents shall be revised to
incorporate the effect of it.

No. Subject Details

1 [●] [●]

2 [●] [●]

3 [●] [●]

4 [●] [●]

5 [●] [●]

6 [●] [●]

7 [●] [●]

By the duly authorised representatives signing this Schedule of Deviations below, the Employer and the
tenderer agree to and accept this Schedule of Deviations as the only deviations from and amendments to the
documents listed in the Tender Data and any addenda thereto listed in the Tender Schedules, as well as any
confirmation, clarification or changes to the terms of the Offer agreed by the tenderer and the Employer
during this process of Offer and Acceptance.

It is expressly agreed that no other matter whether in writing, oral communication or implied during the period
between the issue of the tender documents and the receipt by the tenderer of a completed signed copy of
this Form shall have any meaning or effect in the contract between the parties arising from this Agreement.

For the tenderer: For the Employer

Signature

Name Avi Singh

Capacity General Manager – Peaking Operating Unit


Eskom Holdings SOC Limited
Peaking Generation
PO Box 3487
On behalf Tygervalley
of 7536
(Insert name and address of organisation) (Insert name and address of organisation)
Name &
signature
of witness

Date

PART C1: AGREEMENT & CONTRACT DATA PAGE 5 C1.1 ECC3 FORM OF OFFER AND ACCEPTANCE
ESKOM HOLDINGS SOC Ltd. CONTRACT NUMBER ______________
INSTALLATION OF THE SPHERICAL VALVE BYPASS VALVE AND ASSOCIATED PIPING ON UNITS 1 - 4 AT DRAKENSBERG
POWER STATION

C1.2 ECC3 Contract Data


Part one - Data provided by the Employer

Clause Statement Data


1 General
The conditions of contract are the core
clauses and the clauses for main Option
A: Priced contract with activity schedule

dispute resolution Option W1: Dispute resolution procedure

and secondary Options


X1: Price adjustment for inflation

X2 Changes in the law

X5: Sectional Completion

X7: Delay damages

X15: Limitation of Contractor’s liability for


design to reasonable skill and care

X16: Retention

X18: Limitation of liability

Z: Additional conditions of contract

of the NEC3 Engineering and Construction


Contract, April 2013 (ECC3)

10.1 The Employer is (Name): Eskom Holdings SOC Ltd (reg no:
2002/015527/30), a state owned company
incorporated in terms of the company laws of the
Republic of South Africa

Address Registered office at Megawatt Park, Maxwell


Drive, Sandton, Johannesburg

10.1 The Project Manager is: (Name) Thabiso Kendall

Address Eskom Holdings, Project Office, 24 Omniplace,


Bella Rosa Street, Bellville

Tel +27 21 941 5875

e-mail [email protected]

10.1 The Supervisor is: (Name) Jabu Tswayi

Address Eskom Holdings, Project Office, 24 Omniplace,


Bella Rosa Street, Bellville

Tel No. +27 11 516 7305

PART C1: AGREEMENT & CONTRACT DATA PAGE 6 C1.1 ECC3 FORM OF OFFER AND ACCEPTANCE
ESKOM HOLDINGS SOC Ltd CONTRACT NO. ________________
INSTALLATION OF THE SPHERICAL VALVE BYPASS VALVE AND ASSOCIATED PIPING ON UNITS 1 - 4 AT DRAKENSBERG
POWER STATION

e-mail [email protected]

11.2(13) The works are Machining and welding of the Spiral Case
Extension Flange and the welding of the Spherical
Valve Bypass Valve Line.

11.2(14) The following matters will be included in Access dates


the Risk Register

11.2(15) The boundaries of the site are Spherical Valve Hall

11.2(16) The Site Information is in Part 4: Site Information

11.2(19) The Works Information is in Part 3: Scope of Work and all documents and
drawings to which it makes reference.

12.2 The law of the contract is the law of the Republic of South Africa

13.1 The language of this contract is English

13.3 The period for reply is Before execution - 2 weeks


During execution - 1 day

2 The Contractor's main Data required by this section of the core clauses
responsibilities is provided by the Contractor in Part 2 and terms
in italics used in this section are identified
elsewhere in this Contract Data.

3 Time
11.2(3) The completion date for the whole of the
works is 31 July 2022

30.1 The access dates are: Part of the Site Date

1 First Unit 02 January 2020

2 Second Unit 02 January 2020

3 Third Unit 20 April 2020

4 Fourth Unit 11 October 2021

Note: Eskom outages are subject to movement.


For zero Compensation Events to the Contractor,
Eskom to notify the Contractor at least one month
prior to the new outage start date.

31.1 The Contractor is to submit a first


programme for acceptance within 4 weeks of the Contract Date.

31.2 The starting date is 01 August 2019

32.2 The Contractor submits revised


programmes at intervals no longer than weekly

4 Testing and Defects


42.2 The defects date is 52 weeks after Completion of the whole of the
works.

43.2 The defect correction period is 24 hours

PART C1: AGREEMENTS AND CONTRACT DATA PAGE 7 C1.2A ECC3 CONTRACT DATA PART 1
ESKOM HOLDINGS SOC Ltd CONTRACT NO. ________________
INSTALLATION OF THE SPHERICAL VALVE BYPASS VALVE AND ASSOCIATED PIPING ON UNITS 1 - 4 AT DRAKENSBERG
POWER STATION

5 Payment
50.1 The assessment interval is between the 25th day of each successive month.

51.1 The currency of this contract is the South African Rand.

51.2 The period within which payments are


made is 30 days

51.4 The interest rate is the publicly quoted prime rate of interest
(calculated on a 365 day year) charged from time
to time by the Standard Bank of South Africa
Limited (as certified, in the event of any dispute,
by any manager of such bank, whose
appointment it shall not be necessary to prove)
for amounts due in Rands and

(ii) the LIBOR rate applicable at the time for


amounts due in other currencies. LIBOR is the 6
month London Interbank Offered Rate quoted
under the caption “Money Rates” in The Wall
Street Journal for the applicable currency or if no
rate is quoted for the currency in question then
the rate for United States Dollars, and if no such
rate appears in The Wall Street Journal then the
rate as quoted by the Reuters Monitor Money
Rates Service (or such service as may replace the
Reuters Monitor Money Rates Service) on the due
date for the payment in question, adjusted mutatis
mutandis every 6 months thereafter and as
certified, in the event of any dispute, by any
manager employed in the foreign exchange
department of The Standard Bank of South Africa
Limited, whose appointment it shall not be
necessary to prove.

6 Compensation events
60.1(13) The place where weather is to be the South African Weather Bureau, Royal Natal
recorded is: weather station

The weather measurements are supplied the Contractor to obtain the one in ten year return
by weather data from South African Weather Bureau

7 Title There is no reference to Contract Data in this


section of the core clauses and terms in italics
used in this section are identified elsewhere in
this Contract Data.

8 Risks and insurance


80.1 These are additional Employer's risks None

84.1 The Employer provides these insurances As stated for in the Employer`s Construction All
from the Insurance Table Risk Insurance Policy (Format A) available on
request from Eskom Group Insurance.

84.1 The Employer provides these additional As stated for in the Employer`s Assets All Risk
insurances Insurance Policy available on request from Eskom
Group Insurance.

PART C1: AGREEMENTS AND CONTRACT DATA PAGE 8 C1.2A ECC3 CONTRACT DATA PART 1
ESKOM HOLDINGS SOC Ltd CONTRACT NO. ________________
INSTALLATION OF THE SPHERICAL VALVE BYPASS VALVE AND ASSOCIATED PIPING ON UNITS 1 - 4 AT DRAKENSBERG
POWER STATION

84.1 The Contractor provides these additional Whatever the Contractor deems necessary in
insurances: addition to the amount of the deductibles payable
in terms of the Employers “Format A”4 Insurance
Policy.

84.2 The minimum limit of indemnity for


insurance in respect of loss of or damage
to property (except the works, Plant,
Materials and Equipment) and liability for
bodily injury to or death of a person (not
an employee of the Contractor) caused by
activity in connection with this contract for whatever the Contractor deems necessary in
any one event is addition to that provided by the Employer.

84.2 The minimum limit of indemnity for As prescribed by the Compensation for
insurance in respect of death of or bodily Occupational Injuries and Diseases Act No. 130 of
injury to employees of the Contractor 1993 and the Contractor’s common law liability for
arising out of and in the course of their people falling outside the scope of the Act with a
employment in connection with this limit of Indemnity of not less than R500 000 (Five
contract for any one event is hundred thousand Rands).

9 Termination There is no reference to Contract Data in this


section of the core clauses and terms in italics
used in this section are identified elsewhere in
this Contract Data.

10 Data for main Option clause


A Priced contract with activity schedule There is no reference to Contract Data in this
Option and terms in italics are identified
elsewhere in this Contract Data.

11 Data for Option W1


W1.1 The Adjudicator is the person selected from the ICE-SA Division (or
its successor body) of the South African
Institution of Civil Engineering Panel of
Adjudicators by the Party intending to refer a
dispute to him. (see www.ice-sa.org.za). If the
Parties do not agree on an Adjudicator the
Adjudicator will be appointed by the Arbitration
Foundation of Southern Africa (AFSA).

W1.2(3) The Adjudicator nominating body is: the Chairman of ICE-SA a joint Division of the
South African Institution of Civil Engineering and
the London Institution of Civil Engineers. (See
www.ice-sa.org.za ) or its successor body.

W1.4(2) The tribunal is: arbitration.

W1.4(5) The arbitration procedure is the latest edition of Rules for the Conduct of
Arbitrations published by The Association of
Arbitrators (Southern Africa) or its successor
body.

The place where arbitration is to be held is Johannesburg, South Africa

The person or organisation who will


choose an arbitrator
- if the Parties cannot agree a choice or the Chairman for the time being or his nominee of
- if the arbitration procedure does not the Association of Arbitrators (Southern Africa) or
state who selects an arbitrator, is its successor body.

PART C1: AGREEMENTS AND CONTRACT DATA PAGE 9 C1.2A ECC3 CONTRACT DATA PART 1
ESKOM HOLDINGS SOC Ltd CONTRACT NO. ________________
INSTALLATION OF THE SPHERICAL VALVE BYPASS VALVE AND ASSOCIATED PIPING ON UNITS 1 - 4 AT DRAKENSBERG
POWER STATION

12 Data for secondary Option


clauses
X1 Price adjustment for inflation

X1.1(a) The base date for indices is One month before tender close date

X1.1(c) The proportions used to calculate the


Price Adjustment Factor are: proport linked to index for Index prepared by
ion
0. [●] [●] [●]

0. [●] [●] [●]

0. [●] [●] [●]

0. [●] [●] [●]

0. [●] [●] [●]

[●] non-adjustable

Total 1.00

X2 Changes in the law

X5 Sectional Completion

X5.1 The completion date for each section of


the works is: Section Description Completion date
1 Completion of first 21 January 2020
unit

2 Completion of 11 February 2020


second unit

3 Completion of third 22 May 2020


unit

4 Completion of 22 January 2021


fourth unit

X5 & X7 Sectional Completion and delay


damages used together

X7.1 Delay damages for late Completion of the


X5.1 sections of the works are: section Description Amount per day
1 Completion of first 2.5% of Total of
unit the Prices

2 Completion of 2.5% of Total of


second unit the Prices
3 Completion of third 2.5% of Total of
unit the Prices

4 Completion of 2.5% of Total of


fourth unit the Prices

PART C1: AGREEMENTS AND CONTRACT DATA PAGE 10 C1.2A ECC3 CONTRACT DATA PART 1
ESKOM HOLDINGS SOC Ltd CONTRACT NO. ________________
INSTALLATION OF THE SPHERICAL VALVE BYPASS VALVE AND ASSOCIATED PIPING ON UNITS 1 - 4 AT DRAKENSBERG
POWER STATION

The total delay damages payable by the


Contractor does not exceed: 10% of Total of the Prices

X15 Limitation of the Contractor’s liability There is no reference to Contract Data in this
for his design to reasonable skill & care Option and terms in italics are identified
elsewhere in this Contract Data.

X16 Retention

X16.1 The retention free amount is R0.00

The retention percentage is 10% of the Total of the Prices, 5% will be released
at Completion of the whole of the works and the
remaining 5% will be released after the defects
certificate has been issued.

X18 Limitation of liability

X18.1 The Contractor’s liability to the Employer R0.0 (zero Rand)


for indirect or consequential loss is limited
to:

X18.2 For any one event, the Contractor’s the amount of the deductibles relevant to the
liability to the Employer for loss of or event described in the insurance policy format
damage to the Employer’s property is selected in the data for clause 84.1 above, which
limited to: policy is available on request from Eskom Group
Insurance .

X18.3 The Contractor’s liability for Defects due to The greater of


his design which are not listed on the  the total of the Prices at the Contract Date
Defects Certificate is limited to and
 the amounts excluded and unrecoverable
from the Employer’s assets policy for
correcting the Defect (other than the resulting
physical damage which is not excluded) plus
R25 M first amount payable in terms of the
Employer’s assets policy.

X18.4 The Contractor’s total liability to the the total of the Prices other than for the additional
Employer for all matters arising under or in excluded matters.
connection with this contract, other than
excluded matters, is limited to: The Contractor’s total liability for the additional
excluded matters is not limited.

The additional excluded matters are amounts for


which the Contractor is liable under this contract
for

 loss of or damage to property (other than the


works, Plant and Materials),
 death of or injury to a person and
 infringement of an intellectual property right.

X18.5 The end of liability date is (i) 1 year after the defects date for latent Defects
and

(ii) the date on which the liability in question


prescribes in accordance with the Prescription
Act No. 68 of 1969 (as amended or in terms of any
replacement legislation) for any other matter.

A latent Defect is a Defect which would not have

PART C1: AGREEMENTS AND CONTRACT DATA PAGE 11 C1.2A ECC3 CONTRACT DATA PART 1
ESKOM HOLDINGS SOC Ltd CONTRACT NO. ________________
INSTALLATION OF THE SPHERICAL VALVE BYPASS VALVE AND ASSOCIATED PIPING ON UNITS 1 - 4 AT DRAKENSBERG
POWER STATION

been discovered on reasonable inspection by the


Employer or the Supervisor before the defects
date, without requiring any inspection not
ordinarily carried out by the Employer or the
Supervisor during that period.
If the Employer or the Supervisor do undertake
any inspection over and above the reasonable
inspection, this does not place a greater
responsibility on the Employer or the Supervisor
to have discovered the Defect.

Z The Additional conditions of contract


are Z1 to Z12 always apply.

Z1 Cession delegation and assignment

Z1.1 The Contractor does not cede, delegate or assign any of its rights or obligations to any person
without the written consent of the Employer.

Z1.2 Notwithstanding the above, the Employer may on written notice to the Contractor cede and
delegate its rights and obligations under this contract to any of its subsidiaries or any of its
present divisions or operations which may be converted into separate legal entities as a result
of the restructuring of the Electricity Supply Industry.

Z2 Joint ventures

Z2.1 If the Contractor constitutes a joint venture, consortium or other unincorporated grouping of two
or more persons or organisations then these persons or organisations are deemed to be jointly
and severally liable to the Employer for the performance of this contract.

Z2.2 Unless already notified to the Employer, the persons or organisations notify the Project
Manager within two weeks of the Contract Date of the key person who has the authority to bind
the Contractor on their behalf.

Z2.3 The Contractor does not alter the composition of the joint venture, consortium or other
unincorporated grouping of two or more persons without the consent of the Employer having
been given to the Contractor in writing.

Z3 Change of Broad Based Black Economic Empowerment (B-BBEE) status

Z3.1 Where a change in the Contractor’s legal status, ownership or any other change to his business
composition or business dealings results in a change to the Contractor’s B-BBEE status, the
Contractor notifies the Employer within seven days of the change.

Z3.2 The Contractor is required to submit an updated verification certificate and necessary
supporting documentation confirming the change in his B-BBEE status to the Project Manager
within thirty days of the notification or as otherwise instructed by the Project Manager.

Z3.3 Where, as a result, the Contractor’s B-BBEE status has decreased since the Contract Date the
Employer may either re-negotiate this contract or alternatively, terminate the Contractor’s
obligation to Provide the Works.

Z3.4 Failure by the Contractor to notify the Employer of a change in its B-BBEE status may
constitute a reason for termination. If the Employer terminates in terms of this clause, the
procedures on termination are P1, P2 and P3 as stated in clause 92, and the amount due is A1
and A3 as stated in clause 93.

PART C1: AGREEMENTS AND CONTRACT DATA PAGE 12 C1.2A ECC3 CONTRACT DATA PART 1
ESKOM HOLDINGS SOC Ltd CONTRACT NO. ________________
INSTALLATION OF THE SPHERICAL VALVE BYPASS VALVE AND ASSOCIATED PIPING ON UNITS 1 - 4 AT DRAKENSBERG
POWER STATION

Z4 Confidentiality

Z4.1 The Contractor does not disclose or make any information arising from or in connection with
this contract available to Others. This undertaking does not, however, apply to information
which at the time of disclosure or thereafter, without default on the part of the Contractor, enters
the public domain or to information which was already in the possession of the Contractor at the
time of disclosure (evidenced by written records in existence at that time). Should the
Contractor disclose information to Others in terms of clause 25.1, the Contractor ensures that
the provisions of this clause are complied with by the recipient.

Z4.2 If the Contractor is uncertain about whether any such information is confidential, it is to be
regarded as such until notified otherwise by the Project Manager.

Z4.3 In the event that the Contractor is, at any time, required by law to disclose any such information
which is required to be kept confidential, the Contractor, to the extent permitted by law prior to
disclosure, notifies the Employer so that an appropriate protection order and/or any other action
can be taken if possible, prior to any disclosure. In the event that such protective order is not,
or cannot, be obtained, then the Contractor may disclose that portion of the information which it
is required to be disclosed by law and uses reasonable efforts to obtain assurances that
confidential treatment will be afforded to the information so disclosed.

Z4.4 The taking of images (whether photographs, video footage or otherwise) of the works or any
portion thereof, in the course of Providing the Works and after Completion, requires the prior
written consent of the Project Manager. All rights in and to all such images vests exclusively in
the Employer.

Z4.5 The Contractor ensures that all his subcontractors abide by the undertakings in this clause.

Z5 Waiver and estoppel: Add to core clause 12.3:

Z5.1 Any extension, concession, waiver or relaxation of any action stated in this contract by the
Parties, the Project Manager, the Supervisor, or the Adjudicator does not constitute a waiver of
rights, and does not give rise to an estoppel unless the Parties agree otherwise and confirm
such agreement in writing.

Z6 Health, safety and the environment: Add to core clause 27.4

Z6.1 The Contractor undertakes to take all reasonable precautions to maintain the health and safety
of persons in and about the execution of the works. Without limitation the Contractor:
 accepts that the Employer may appoint him as the “Principal Contractor” (as defined and
provided for under the Construction Regulations 2014 (promulgated under the Occupational
Health & Safety Act 85 of 1993) (“the Construction Regulations”) for the Site;
 warrants that the total of the Prices as at the Contract Date includes a sufficient amount for
proper compliance with the Construction Regulations, all applicable health & safety laws
and regulations and the health and safety rules, guidelines and procedures provided for in
this contract and generally for the proper maintenance of health & safety in and about the
execution of works; and
 undertakes, in and about the execution of the works, to comply with the Construction
Regulations and with all applicable health & safety laws and regulations and rules,
guidelines and procedures otherwise provided for under this contract and ensures that his
Subcontractors, employees and others under the Contractor’s direction and control,
likewise observe and comply with the foregoing.
Z6.2 The Contractor, in and about the execution of the works, complies with all applicable
environmental laws and regulations and rules, guidelines and procedures otherwise provided
for under this contract and ensures that his Subcontractors, employees and others under the
Contractor’s direction and control, likewise observe and comply with the foregoing.

PART C1: AGREEMENTS AND CONTRACT DATA PAGE 13 C1.2A ECC3 CONTRACT DATA PART 1
ESKOM HOLDINGS SOC Ltd CONTRACT NO. ________________
INSTALLATION OF THE SPHERICAL VALVE BYPASS VALVE AND ASSOCIATED PIPING ON UNITS 1 - 4 AT DRAKENSBERG
POWER STATION

Z7 Provision of a Tax Invoice and interest. Add to core clause 51

Z7.1 Within one week of receiving a payment certificate from the Project Manager in terms of core
clause 51.1, the Contractor provides the Employer with a tax invoice in accordance with the
Employer's procedures stated in the Works Information, showing the amount due for payment
equal to that stated in the payment certificate.

Z7.2 If the Contractor does not provide a tax invoice in the form and by the time required by this
contract, the time by when the Employer is to make a payment is extended by a period equal in
time to the delayed submission of the correct tax invoice. Interest due by the Employer in terms
of core clause 51.2 is then calculated from the delayed date by when payment is to be made.
Z7.3 The Contractor (if registered in South Africa in terms of the companies Act) is required to
comply with the requirements of the Value Added Tax Act, no 89 of 1991 (as amended) and to
include the Employer’s VAT number 4740101508 on each invoice he submits for payment.

Z8 Notifying compensation events

Z8.1 Delete from the last sentence in core clause 61.3, “unless the Project Manager should have
notified the event to the Contractor but did not”.

Z9 Employer’s limitation of liability

Z9.1 The Employer’s liability to the Contractor for the Contractor’s indirect or consequential loss is
limited to R0.00 (zero Rand)

Z9.2 The Contractor’s entitlement under the indemnity in 83.1 is provided for in 60.1(14) and the
Employer’s liability under the indemnity is limited.

Termination: Add to core clause 91.1, at the second main bullet point, fourth sub-bullet
Z10
point, after the words "against it":

Z10.1 or had a business rescue order granted against it.

Z11 Addition to secondary Option X7 Delay damages (if applicable in this contract)

Z11.1 If the amount due for the Contractor’s payment of delay damages reaches the limits stated in
this Contract Data for Option X7 or Options X5 and X7 used together, the Employer may
terminate the Contractor’s obligation to Provide the Works using the same procedures and
payment on termination as those applied for reasons R1 to R15 or R18 stated in the
Termination Table.

Z12 Ethics

For the purposes of this Z-clause, the following definitions apply:

Affected Party means, as the context requires, any party, irrespective of whether it is the Contractor
or a third party, such party’s employees, agents, or Subcontractors or
Subcontractor’s employees, or any one or more of all of these parties’ relatives or
friends,

Coercive Action means to harm or threaten to harm, directly or indirectly, an Affected Party or the
property of an Affected Party, or to otherwise influence or attempt to influence an
Affected Party to act unlawfully or illegally,

PART C1: AGREEMENTS AND CONTRACT DATA PAGE 14 C1.2A ECC3 CONTRACT DATA PART 1
ESKOM HOLDINGS SOC Ltd CONTRACT NO. ________________
INSTALLATION OF THE SPHERICAL VALVE BYPASS VALVE AND ASSOCIATED PIPING ON UNITS 1 - 4 AT DRAKENSBERG
POWER STATION

Collusive Action means where two or more parties co-operate to achieve an unlawful or illegal
purpose, including to influence an Affected Party to act unlawfully or illegally,

Committing Party means, as the context requires, the Contractor, or any member thereof in the case of
a joint venture, or its employees, agents, or Subcontractors or the Subcontractor’s
employees,

Corrupt Action means the offering, giving, taking, or soliciting, directly or indirectly, of a good or
service to unlawfully or illegally influence the actions of an Affected Party,

Fraudulent Action means any unlawfully or illegally intentional act or omission that misleads, or
attempts to mislead, an Affected Party, in order to obtain a financial or other benefit
or to avoid an obligation or incurring an obligation,

Obstructive Action means a Committing Party unlawfully or illegally destroying, falsifying, altering or
concealing information or making false statements to materially impede an
investigation into allegations of Prohibited Action and

Prohibited Action means any one or more of a Coercive Action, Collusive Action Corrupt Action,
Fraudulent Action or Obstructive Action.

Z 12.1 A Committing Party may not take any Prohibited Action during the course of the procurement of this
contract or in execution thereof.

Z 12.2 The Employer may terminate the Contractor’s obligation to Provide the Works if a Committing Party
has taken such Prohibited Action and the Contractor did not take timely and appropriate action to
prevent or remedy the situation, without limiting any other rights or remedies the Employer has. It is
not required that the Committing Party had to have been found guilty, in court or in any other similar
process, of such Prohibited Action before the Employer can terminate the Contractor’s obligation to
Provide the Works for this reason.

Z 12.3 If the Employer terminates the Contractor’s obligation to Provide the Works for this reason, the
procedures and amounts due on termination are respectively P1, P2 and P3, and A1 and A3.

Z 12.4 A Committing Party co-operates fully with any investigation pursuant to alleged Prohibited Action.
Where the Employer does not have a contractual bond with the Committing Party, the Contractor
ensures that the Committing Party co-operates fully with an investigation.

PART C1: AGREEMENTS AND CONTRACT DATA PAGE 15 C1.2A ECC3 CONTRACT DATA PART 1
ESKOM HOLDINGS SOC Ltd CONTRACT NO. ________________
INSTALLATION OF THE SPHERICAL VALVE BYPASS VALVE AND ASSOCIATED PIPING ON UNITS 1 - 4 AT DRAKENSBERG
POWER STATION

Annexure A: Insurance provided by the Employer


These notes are provided as guidance to tendering contractors and the Contractor about the insurance
provided by the Employer. The Contractor must obtain its own advice. Details of the insurance itself are
available from the internet web link given below.

1. For the purpose of works contracts, insurance provided by Eskom (the Employer) has been arranged on
the basis of “project” or “contract” value, where the value is the total of the Prices at Completion of the
whole of the works including VAT.

A “project” is a collection of contracts or work packages to be undertaken as part of a single identified


capital expansion or refurbishment of a particular asset or facility.

A “contract” is a single contract not linked to or being part of a “project”.

Format A generally applies to Generation Division, Transmission Division and Distribution


Division projects and contracts. If a project or contract exceeds the Format A limit, the Eskom Group
Insurance need to be contacted for advice on how to formulate the insurance cover.

2. Tendering contractors should note that cover provided by the Employer is only per the policies available
on the internet web link listed below and may not be the cover required by the tendering contractor or as
intended by each of the listed insurances in the left hand column of the Insurance Table in clause 84.2.
In terms of clause 84.1 “the Contractor provides the insurances stated in the Insurance Table except any
insurance which the Employer is to provide”. Hence the Contractor provides insurance which the
Employer does not provide and in cases where the Employer does provide insurance the Contractor
insures for the difference between what the Insurance Table requires and what the Employer provides.

3. When the Marine Insurance is required the Contractor needs to obtain a copy of the latest edition of
Eskom’s Marine Policies Procedures available from Eskom Group Insurance.

4. Further information and full details of all Eskom provided policies and procedures may be
obtained from Eskom Group Insurance.

PART C1: AGREEMENTS AND CONTRACT DATA PAGE 16 C1.2A ECC3 CONTRACT DATA PART 1
ESKOM HOLDINGS SOC Ltd. CONTRACT NUMBER ______________
INSTALLATION OF THE SPHERICAL VALVE BYPASS VALVE AND ASSOCIATED PIPING ON UNITS 1 - 4 AT DRAKENSBERG
POWER STATION

C1.2 Contract Data


Part two - Data provided by the Contractor
Notes to a tendering contractor:

1. Please read both the NEC3 Engineering and Construction Contract (April 2013) and the relevant
2
parts of its Guidance Notes (ECC3-GN) in order to understand the implications of this Data which
the tenderer is required to complete. An example of the completed Data is provided on pages 156 to
158 of the ECC3 (April 2013) Guidance Notes.
2. The number of the clause which requires the data is shown in the left hand column for each
statement however other clauses may also use the same data
3. Where a form field like this [ ] appears, data is required to be inserted relevant to the option
selected. Click on the form field once and type in the data. Otherwise complete by hand and in ink.

Completion of the data in full, according to Options chosen, is essential to create a complete contract.

Clause Statement Data


10.1 The Contractor is (Name):

Address

Tel No.

Fax No.

11.2(8) The direct fee percentage is %

The subcontracted fee percentage is %

11.2(18) The working areas are the Site and

24.1 The Contractor's key persons are:

1 Name:

Job:

Responsibilities:

Qualifications:

Experience:

2 Name:

Job

Responsibilities:

Qualifications:

Experience:
CV's (and further key persons data including
CVs) are appended to Tender Schedule
entitled .

2
Available from Engineering Contract Strategies Tel 011 803 3008, Fax 011 803 3009 or see www.ecs.co.za

PART C1: AGREEMENTS AND CONTRACT DATA PAGE 17 C1.2B ECC3 CONTRACT DATA PART 2
ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________
INSTALLATION OF THE SPHERICAL VALVE BYPASS VALVE AND ASSOCIATED PIPING ON UNITS 1 - 4 AT DRAKENSBERG
POWER STATION

11.2(3) The completion date for the whole of the


works is

11.2(14) The following matters will be included in


the Risk Register

11.2(19) The Works Information for the Contractor’s


design is in:

31.1 The programme identified in the Contract


Data is

A Priced contract with activity schedule

11.2(20) The activity schedule is in

11.2(30) The tendered total of the Prices is (in figures)

(in words), excluding VAT

Note “SCC” means Schedule of Cost Components


Data for Schedules of Cost starting on page 60, and “SSCC” means Shorter
Components Schedule of Cost Components starting on page 63
of ECC3 (April 2013).

A Data for the Shorter Schedule of Cost


Priced contract with activity schedule
Components

41 in The percentage for people overheads is: %


SSCC

21 in The published list of Equipment is the last


SSCC edition of the list published by

The percentage for adjustment for


Equipment in the published list is Minus %

22 in The rates of other Equipment are: Equipment Size or Rate


SSCC capacity

61 in The hourly rates for Defined Cost of


SSCC design outside the Working Areas are Category of employee Hourly rate
Note: Hourly rates are estimated ‘cost to
company of the employee’ and not selling rates.

Please insert another schedule if foreign


resources may also be used

62 in The percentage for design overheads is %


SSCC

PART C1: AGREEMENTS AND CONTRACT DATA PAGE 18 C1.2B ECC3 CONTRACT DATA PART 2
ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________
INSTALLATION OF THE SPHERICAL VALVE BYPASS VALVE AND ASSOCIATED PIPING ON UNITS 1 - 4 AT DRAKENSBERG
POWER STATION

63 in The categories of design employees


SSCC whose travelling expenses to and from the
Working Areas are included in Defined
Cost are:

PART C1: AGREEMENTS AND CONTRACT DATA PAGE 19 C1.2B ECC3 CONTRACT DATA PART 2
ESKOM HOLDINGS SOC Ltd. CONTRACT NUMBER ______________
INSTALLATION OF THE SPHERICAL VALVE BYPASS VALVE AND ASSOCIATED PIPING ON UNITS 1 - 4 AT DRAKENSBERG
POWER STATION

PART 2: PRICING DATA


ECC3 Option A

Document Title No of
reference pages
This cover page 1
C2.1 Pricing assumptions: Option A 4

C2.2 The activity schedule 1

Total number of pages 6

PART C2: PRICING DATA PAGE 20 C2 ECC3/A COVER


ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________
INSTALLATION OF THE SPHERICAL VALVE BYPASS VALVE AND ASSOCIATED PIPING ON UNITS 1 - 4 AT DRAKENSBERG
POWER STATION

C2.1 Pricing assumptions: Option A

1. How work is priced and assessed for payment


Clause 11 in NEC3 Engineering and Construction Contract, (ECC3) Option A states:

Identified and 11
defined terms 11.2 (20) The Activity Schedule is the activity schedule unless later changed in
accordance with this contract.

(27) The Price for Work Done to Date is the total of the Prices for

 each group of completed activities and


 each completed activity which is not in a group.

A completed activity is one which is without Defects which would either delay
or be covered by immediately following work.

(30) The Prices are the lump sum prices for each of the activities on the
Activity Schedule unless later changed in accordance with this contract.

This confirms that Option A is a lump sum form of contract where the work is broken down into activities,
each of which is priced by the tendering contractor as a lump sum. Only completed activities are assessed
for payment at each assessment date; no part payment is made if the activity is not completed by the
assessment date.

2. Function of the Activity Schedule


Clause 54.1 in Option A states: “Information in the Activity Schedule is not Works Information or Site
Information”. This confirms that specifications and descriptions of the work or any constraints on how it is to
be done are not included in the Activity Schedule but in the Works Information. This is further confirmed by
Clause 20.1 which states, “The Contractor Provides the Works in accordance with the Works Information”.
Hence the Contractor does not Provide the Works in accordance with the Activity Schedule. The Activity
Schedule is only a pricing document.

3. Link to the programme


Clause 31.4 states that “The Contractor provides information which shows how each activity on the Activity
Schedule relates to the operations on each programme which he submits for acceptance”. Ideally the
tendering contractor will develop a high level programme first then resource each activity and thus arrive at
the lump sum price for that activity both of which can be entered into the activity schedule.

4. Preparing the activity schedule


Generally it is the tendering contractor who prepares the activity schedule by breaking down the work
described within the Works Information into suitable activities which can be well defined, shown on a
programme and priced as a lump sum.

The Employer, in his Instructions to Tenderers or in a Tender Schedule, may have listed some items that
he requires the Contractor to include in his activity schedule and be priced accordingly.

It is assumed that in preparing his activity schedule the Contractor:

 Has taken account of the guidance given in the ECC3 Guidance Notes pages 19 and 20;

PART C2: PRICING DATA PAGE 21 C2.1 ECC3/A PRICING ASSUMPTIONS


ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________
INSTALLATION OF THE SPHERICAL VALVE BYPASS VALVE AND ASSOCIATED PIPING ON UNITS 1 - 4 AT DRAKENSBERG
POWER STATION

 Understands the function of the Activity Schedule and how work is priced and paid for;
 Is aware of the need to link the Activity Schedule to activities shown on his programme;
 Has listed and priced activities in the activity schedule which are inclusive of everything necessary
and incidental to Providing the Works in accordance with the Works Information, as it was at the
time of tender, as well as correct any Defects not caused by an Employer’s risk;
 Has priced work he decides not to show as a separate activity within the Prices of other listed
activities in order to fulfil the obligation to complete the works for the tendered total of the Prices.
 Understands there is no adjustment to the lump sum Activity Schedule price if the amount, or
quantity, of work within that activity later turns out to be different to that which the Contractor
estimated at time of tender. The only basis for a change to the Prices is as a result of a
compensation event.

PART C2: PRICING DATA PAGE 22 C2.1 ECC3/A PRICING ASSUMPTIONS


ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________
INSTALLATION OF THE SPHERICAL VALVE BYPASS VALVE AND ASSOCIATED PIPING ON UNITS 1 - 4 AT DRAKENSBERG
POWER STATION

An activity schedule could have the following format:

Price List: Installation of the Spherical Valve Bypass Valve and Associated Piping on units 1 - 4 at
Drakensberg Power Station

Item Programme Activity description Price


No. Reference
Unit 1
1 Complete mechanical installation of the spherical valve
bypass valve including assembling and welding all
associated bypass line piping and spiral case extension
flange (Refer to drawing 891215705, DRA17-SVI-5400,
DRA17-SVI-5401, DRA17-SVI-5410, DRA17-SVI-8400,
DRA17-SVI-5404).
2 Remove existing flange on the spiral case extension
machine (Refer to drawing 891215705, DRA17-SVI-
5400, DRA17-SVI-5401, DRA17-SVI-5410, DRA17-
SVI-8400, and DRA17-SVI-5404).
4 Pressure tests the bypass line to ensure structural
integrity (Refer to drawing 891215705, DRA17-SVI-
5400, DRA17-SVI-5401, DRA17-SVI-5410, DRA17-
SVI-8400, and DRA17-SVI-5404).
Grand Total R
Unit 2
1 Complete mechanical installation of the spherical valve
bypass valve including assembling and welding all
associated bypass line piping and spiral case extension
flange (Refer to drawing 891215705, DRA17-SVI-5400,
DRA17-SVI-5401, DRA17-SVI-5410, DRA17-SVI-8400,
DRA17-SVI-5404).
2 Remove existing flange on the spiral case extension
machine (Refer to drawing 891215705, DRA17-SVI-
5400, DRA17-SVI-5401, DRA17-SVI-5410, DRA17-
SVI-8400, and DRA17-SVI-5404).
3 Pressure tests the bypass line to ensure structural
integrity (Refer to drawing 891215705, DRA17-SVI-
5400, DRA17-SVI-5401, DRA17-SVI-5410, DRA17-
SVI-8400, and DRA17-SVI-5404).
Grand Total R

Unit 3
1 Complete mechanical installation of the spherical valve
bypass valve including assembling and welding all
associated bypass line piping and spiral case extension
flange (Refer to drawing 891215705, DRA17-SVI-5400,
DRA17-SVI-5401, DRA17-SVI-5410, DRA17-SVI-8400,
DRA17-SVI-5404).
2 Remove existing flange on the spiral case extension
machine (Refer to drawing 891215705, DRA17-SVI-
5400, DRA17-SVI-5401, DRA17-SVI-5410, DRA17-

PART C2: PRICING DATA PAGE 23 C2.1 ECC3/A PRICING ASSUMPTIONS


ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________
INSTALLATION OF THE SPHERICAL VALVE BYPASS VALVE AND ASSOCIATED PIPING ON UNITS 1 - 4 AT DRAKENSBERG
POWER STATION

SVI-8400, and DRA17-SVI-5404).


3 Pressure tests the bypass line to ensure structural
integrity (Refer to drawing 891215705, DRA17-SVI-
5400, DRA17-SVI-5401, DRA17-SVI-5410, DRA17-
SVI-8400, and DRA17-SVI-5404).
Grand Total R
Unit 4
1 Complete mechanical installation of the spherical valve
bypass valve including assembling and welding all
associated bypass line piping and spiral case extension
flange (Refer to drawing 891215705, DRA17-SVI-5400,
DRA17-SVI-5401, DRA17-SVI-5410, DRA17-SVI-8400,
DRA17-SVI-5404).
2 Remove existing flange on the spiral case extension
machine (Refer to drawing 891215705, DRA17-SVI-
5400, DRA17-SVI-5401, DRA17-SVI-5410, DRA17-
SVI-8400, and DRA17-SVI-5404).
3 Pressure tests the bypass line to ensure structural
integrity (Refer to drawing 891215705, DRA17-SVI-
5400, DRA17-SVI-5401, DRA17-SVI-5410, DRA17-
SVI-8400, and DRA17-SVI-5404).
Grand Total R

PART C2: PRICING DATA PAGE 24 C2.1 ECC3/A PRICING ASSUMPTIONS


ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER _____________
INSTALLATION OF THE SPHERICAL VALVE BYPASS VALVE AND ASSOCIATED PIPING ON UNITS 1 - 4 AT DRAKENSBERG
POWER STATION

C2.2 the activity schedule

Use this page as a cover page to the Contractor’s activity schedule.

PART C3: SCOPE OF WORK 25 C3 ECC3 COVER PAGE


ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER _____________
INSTALLATION OF THE SPHERICAL VALVE BYPASS VALVE AND ASSOCIATED PIPING ON UNITS 1 - 4 AT DRAKENSBERG
POWER STATION

PART 3: SCOPE OF WORK

Document Title No of
reference pages
This cover page 1

C3.1 Employer’s Works Information 17

C3.2 Contractor’s Works Information 1

Total number of pages 19

PART C3: SCOPE OF WORK 26 C3 ECC3 COVER PAGE


ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER _____________
INSTALLATION OF THE SPHERICAL VALVE BYPASS VALVE AND ASSOCIATED PIPING ON UNITS 1 - 4 AT DRAKENSBERG
POWER STATION

C3.1: EMPLOYER’S WORKS INFORMATION

Contents
Part 3: Scope of Work 26
C3.1: Employer’s works Information 27
1 Description of the works 29
1.1 Executive overview 29
1.2 Employer’s objectives and purpose of the works 29
1.3 Interpretation and terminology 29
2 Management and start up. 30
2.1 Management meetings 30
2.2 Documentation control 30
2.3 Health and safety risk management 30
2.4 Environmental constraints and management 31
2.5 Quality assurance requirements 31
2.6 Programming constraints 31
2.7 Contractor’s management, supervision and key people 31
2.8 Invoicing and payment 32
2.9 Insurance provided by the Employer 32
2.10 Contract change management 32
2.11 Provision of bonds and guarantees 32
2.12 Records of Defined Cost, payments & assessments of compensation events to be kept by the
Contractor 33
3 Engineering and the Contractor’s Design 34
3.1 Employer’s design 34
3.2 Parts of the works which the Contractor is to design 34
3.3 Design of Equipment 34
3.4 Equipment required to be included in the works 34
4 Procurement 35
4.1 People 35
4.1.1 Minimum requirements of people employed on the Site 35
4.1.2 BBBEE and preferencing scheme 35
4.1.3 Supplier Development and Localisation Error! Bookmark not defined.
4.2 Subcontracting 35
4.2.1 Preferred subcontractors 35
4.2.2 Subcontract documentation, and assessment of subcontract tenders 35
4.2.3 Limitations on subcontracting 35
4.2.4 Attendance on subcontractors 35
4.3 Plant and Materials 35
4.3.1 Spares and consumables 35
4.4 Contractor’s Equipment (including temporary works). 35
5 Construction 36
5.1 Temporary works, Site services & construction constraints 36
5.1.1 Employer’s Site entry and security control, permits, and Site regulations 36
5.1.2 Restrictions to access on Site, roads, walkways and barricades 36
5.1.3 People restrictions on Site; hours of work, conduct and records 36
5.1.4 Health and safety facilities on Site 36
5.1.5 Title to materials from demolition and excavation 36
5.1.6 Cooperating with and obtaining acceptance of Others 36
5.1.7 Publicity and progress photographs 36
5.1.8 Contractor’s Equipment 36
5.1.9 Site services and facilities 37
5.1.10 Facilities provided by the Contractor 38
5.1.11 Control of noise, dust, water and waste 38
5.2 Completion, testing, commissioning and correction of Defects 38
5.2.1 Work to be done by the Completion Date 38
5.2.2 Use of the works before Completion has been certified 38

PART C3: SCOPE OF WORK PAGE 27 C3.1 ECC3 EMPLOYER’S WORKS INFORMATION
ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER _____________
INSTALLATION OF THE SPHERICAL VALVE BYPASS VALVE AND ASSOCIATED PIPING ON UNITS 1 - 4 AT DRAKENSBERG
POWER STATION

5.2.3 Commissioning 38
5.2.4 Access given by the Employer for correction of Defects 38
6 Plant and Materials Standards and Workmanship 39
6.1 Electrical & Mechanical Engineering Works 39
6.2 Other 39
7 List of drawings 40
7.1 Drawings issued by the Employer 40
C3.2 Contractor’s Works Information 43

PART C3: SCOPE OF WORK PAGE 28 C3.1 ECC3 EMPLOYER’S WORKS INFORMATION
ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER _____________
INSTALLATION OF THE SPHERICAL VALVE BYPASS VALVE AND ASSOCIATED PIPING ON UNITS 1 - 4 AT DRAKENSBERG
POWER STATION

1 Description of the works

1.1 Executive overview


1.1.1 Background
Drakensberg Pumped Storage Scheme consists of four 250 MW Pump-turbine units. Each unit has a Main
Inlet Valve (MIV). The main function of the MIV is to isolate the Pump-turbine from the penstock. Each MIV
is equipped with bypass line and a hydraulically operated bypass valve. The bypass line is connecting the
MIV body with the Pump turbine spiral case extension. The function of the Main Inlet Bypass Valve and
Bypass Line is to achieve balance pressure between the upstream and downstream sides of the MIV, prior
to the Main Inlet Valve opening.
The four MIV’s are located in an underground cavern. Overhead cranes are available to assist with
maintenance of the MIV’s. Each of these MIV’s are installed in an open concrete pit, and personnel access is
gained by a series of cat-ladders.
Due to repeated failures of the existing bypass valves, excessive cavitation damage and the high vibration
experienced in the existing bypass line, the replacement of the complete bypass line and valve with a re-
designed bypass line configuration and a more modern design hydraulically operated Bypass Valve to be
applied. The diameter of the Bypass Line and Bypass Valve to be increased with the new design, and the
location of the bypass valve to be such that it fits directly to the pump-turbine spiral case extension pipe.

1.1.2 Scope of Work


 Machine and Weld the Spiral Case Extension Flange;
 In-situ welding of the Bypass Line Piping;
 Remove existing flange on the Spiral Case extension machine a hole in its place;
 A new flange to be welded in place of the original flange;
 A flange to be bolted to the Spherical Valve Body Inlet;
 The Bypass Line and Valve to be assembled and the piping welded in situ; and
 Pressure test the Bypass Line to ensure structural integrity.

1.2 Employer’s objectives and purpose of the works


The Employer’s objective is to ensure that the appropriate quality of manufacturing is applied and the
Spherical Valve Bypass Valve and Piping is manufactured and fitted to suit the new design thereof.

1.3 Interpretation and terminology


The following abbreviations are used in this Works Information:

Abbreviation Meaning given to the abbreviation

MIV Main Inlet Valve

OEM Original Equipment Manufacturer

NDT Non Destructive Testing

QA/QC Quality Assurance/ Quality Control

WPQR Welding Procedure Qualification Records

TDC Top Dead Centre

PART C3: SCOPE OF WORK PAGE 29 C3.1 ECC3 EMPLOYER’S WORKS INFORMATION
ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER _____________
INSTALLATION OF THE SPHERICAL VALVE BYPASS VALVE AND ASSOCIATED PIPING ON UNITS 1 - 4 AT DRAKENSBERG
POWER STATION

2 Management and start up.

2.1 Management meetings


Meetings of a general nature may be convened and chaired by the Project Manager as follows:
 During Implementation - Daily progress Meetings at the Site

Meetings of a specialist nature may be convened as specified elsewhere in this Works Information or if not
so specified by persons and at times and locations to suit the Parties, the nature and the progress of the
works. Records of these meetings are submitted to the Project Manager by the person convening the
meeting within five days of the meeting.

All meetings are recorded using minutes or a register prepared and circulated by the person who convened
the meeting. Such minutes or register are not to be used for the purpose of confirming actions or instructions
under the contract as these are done separately by the person identified in the conditions of contract to carry
out such actions or instructions.

2.2 Documentation control


 All contractual communication is in the NEC3 ECC format and can be attached to e-mails and not as a
message in the e-mail itself.
 A unique reference number is allocated to every letter or form that is issued as communication.
 Official communication on behalf of the Employer is solely from the Project Manager, unless delegated
otherwise by the Project Manager.

2.3 Health and safety risk management


The Contractor takes every precaution to ensure safety and to protect the works and temporary works. The
Contractor is responsible for the safety and security of his personnel, materials on Site and the works at all
times. The Contractor adheres to the safety regulations pertaining to the power station and Sub-Contractors.

The Contractor provides all the required safety and personal protective Equipment to his staff for the duration
of the contract. Safety barriers and access scaffolding is deem as Equipment and is the responsibility of the
Contractor.

The Contractor complies with the requirements of the Construction Regulation, 2014. R1010 of the Act and
forwards proof of Notification of Construction Works to the Department of Labour as required in the
Construction Regulations.

The Contractor and his personnel attend an induction meeting on Site and sign the attendance sheet
provided as proof of attendance.

Without prejudice to any other requirements of this Works Information or the Conditions of Contract, the
Contractor must comply with the following:
a) Eskom Plant Safety Regulations GGR 0992

b) Eskom Operating Regulations for High Voltage Systems, ESKARAAG4

c) The Occupational Health and Safety Act No. 85 of 1993 and Regulations

d) The Compensation for Occupational Injuries and Diseases Act No.130 of 1993, amended by
government notices to 30 April 2004 or Equivalent

e) Eskom Life-saving Rules


The Eskom Life-saving Rules complement our existing safety best practices and address safety
procedures are followed at all locations. Five Life-saving rules developed apply to all Eskom employees,
agents, consultants, and Contractors.

PART C3: SCOPE OF WORK PAGE 30 C3.1 ECC3 EMPLOYER’S WORKS INFORMATION
ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER _____________
INSTALLATION OF THE SPHERICAL VALVE BYPASS VALVE AND ASSOCIATED PIPING ON UNITS 1 - 4 AT DRAKENSBERG
POWER STATION

Life-saving rules are safety rules that describe such extreme behaviour that all reasonable employees agree
that anyone knowingly and wilfully violating one of them are putting his/her life and any other lives in
jeopardy and are dealt with seriously. The Life-saving rules are: Standard 240-62196227.

The Contractor complies with the health and safety requirements contained in Annexure A to this Works
Information.

2.4 Environmental constraints and management


The Contractor’s attention is drawn to the fact that the Employer’s Power Stations are situated in highly
sensitive areas with respect to the environment.

The Contractor acquaints himself with all statutory and local environment regulations and adheres to these
without exception.

The Contractor complies with the Hazardous Chemical Regulations, GNR. 1179 of 25 August 1995 as
amended by GNR.930 of 25 June 2003 and GNR.683 of June 2008 when using any hazardous chemicals,
as well as complying with the requirements of the National Environmental Management Act of 1988. We
anticipate the minor use of two-part resins during assembly.

2.5 Quality assurance requirements


 The quality requirements are as per ISO 9001:2008 and as per Eskom document QM-58, SUPPLIER
CONTRACT QUALITY REQUIREMENTS SPECIFICATION.
 The programming of inspections, hold and witness points is agreed between the Employer and the
Contractor prior to undertaking any work.
 The Contractor defines the level of QA/QC or inspection imposed on his Sub-Contractors and suppliers.
 All technical design and implementation documentation and PQP are submitted to the Employer for
Acceptance prior to the works.
 The Contractor is made aware that all documents or designs submitted for review to the Employer for
Acceptance, requires a process of review.
 The Employer is responsible for safe storage of the delivered rotor poles and all related parts and
materials for the works.
 The Contractor indicates/advises on the proper storage conditions of the rotor poles, parts and materials.

2.6 Programming constraints


 The Contractor submits a bar chart programme (in MS Project format) detailing how the works are
executed within the stipulated dates, including weekends and public holidays,
 The programme indicates the start date, end date and duration of each activity.

2.7 Contractor’s management, supervision and key people


 The Contractor does not modify any plant or materials unless accepted by the Employer prior to
implementation.
 The Contractor notifies the Employer at least two days in advance of a Hold or Witness point on the
works.
 The Contractor informs the Employer of any Defect found.
 The Contractor does not operate any Equipment on Site, unless specific authorisation is obtained from
the Employer.
 The Contractor makes arrangements for the use of the available workshop Equipment and Site specific
tools.

PART C3: SCOPE OF WORK PAGE 31 C3.1 ECC3 EMPLOYER’S WORKS INFORMATION
ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER _____________
INSTALLATION OF THE SPHERICAL VALVE BYPASS VALVE AND ASSOCIATED PIPING ON UNITS 1 - 4 AT DRAKENSBERG
POWER STATION

2.8 Invoicing and payment


Within one week of receiving a payment certificate from the Project Manager in terms of core clause 51.1,
the Contractor provides the Employer with a tax invoice showing the amount due for payment equal to that
stated in the Project Manager’s payment certificate.

Electronic Invoices in PDF format are submitted to [email protected]


The Project Manager to be copied in on all electronic invoices emailed.

Failure to submit the invoice to the correct address could result in delays in payment.

It is recommended that a copy of the assessment certificate is submitted with the invoice

The Contractor’s Tax Invoices comply with the requirements as stated in clause Z7 of the Contract Data

Any CPA applicable must be reflected as a separate line item or invoiced separately with breakdown of CPA
formula attached

The Contractor addresses the tax invoice to Eskom Holdings SOC Ltd and include on each invoice the
following information:
 Name and address of the Contractor and the Project Manager;
 The contract number and title;
 Contractor’s VAT registration number;
 The Employer’s VAT registration number 4740101508;
 Total amount invoiced excluding VAT, the VAT and the invoiced amount including VAT;
 Contractor's company registration number if applicable
 Contractor’s banking details
 Name and address of recipient
 Tax invoice number and date of issue,
 Description of goods/service provided,
 Relevant Goods Receipt/ Service Entry number,
 Quantity or volume of goods/services
 Period time for which the Tax Invoice is being rendered,
 Relevant Task Order Number (commencing with a 45 prefix),
 Relevant line item number,
 Statement whether value added tax is included or excluded.

2.9 Insurance provided by the Employer


Insurance by the Employer is managed in accordance with section 87 of the core clauses in ECC3.

2.10 Contract change management


Contract change management is managed in accordance with section 6 of the core clauses in ECC3. In
summary, in the event that the Employer/Contractor notices a change, an event register is issued. If the
event/change has cost implications then a quotation is submitted with the event register. The Project
Manager assesses the quotation and gives an instruction in writing to the Contractor.

2.11 Provision of bonds and guarantees


The form in which a bond or guarantee required by the conditions of contract (if any) is to be provided by the
Contractor is given in Part 1 Agreements and Contract Data, document C1.3, Sureties.

PART C3: SCOPE OF WORK PAGE 32 C3.1 ECC3 EMPLOYER’S WORKS INFORMATION
ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER _____________
INSTALLATION OF THE SPHERICAL VALVE BYPASS VALVE AND ASSOCIATED PIPING ON UNITS 1 - 4 AT DRAKENSBERG
POWER STATION

The Employer may withhold payment of amounts due to the Contractor until the bond or guarantee required
in terms of this contract has been received and accepted by the person notified to the Contractor by the
Project Manager to receive and accept such bond or guarantee. Such withholding of payment due to the
Contractor does not affect the Employer’s right to termination stated in this contract.

2.12 Records of Defined Cost, payments & assessments of compensation events


to be kept by the Contractor
In order to substantiate the Defined Cost of compensation events, the Employer requires the Contractor to
keep records of amounts paid by him, in the following format:

Type of cost Type of Record

People employed by the Contractor (labour) Signed timesheets

Materials Register of materials used

Equipment Register of Equipment used

PART C3: SCOPE OF WORK PAGE 33 C3.1 ECC3 EMPLOYER’S WORKS INFORMATION
ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER _____________
INSTALLATION OF THE SPHERICAL VALVE BYPASS VALVE AND ASSOCIATED PIPING ON UNITS 1 - 4 AT DRAKENSBERG
POWER STATION

3 Engineering and the Contractor’s Design

3.1 Employer’s design


Drakensberg pumped storage scheme consists of four 250 MW Pump-turbine units. Each unit has a Main
Inlet Valve (MIV). The main function of the MIV is to isolate the Pump-turbine from the penstock. Each MIV
is equipped with bypass line and a hydraulically operated bypass valve. The bypass line is connecting the
MIV body with the Pump turbine spiral case extension. The function of the Main Inlet Bypass Valve and
Bypass Line is to achieve balance pressure between the upstream and downstream sides of the MIV, prior
to the Main Inlet Valve opening.
The four MIV’s are located in an underground cavern. Overhead cranes are available to assist with
maintenance of the MIV’s. Each of these MIV’s are installed in an open concrete pit, and personnel access is
gained by a series of cat-ladders.
Due to repeated failures of the existing bypass valves, excessive cavitation damage and the high vibration
experienced in the existing bypass line, the replacement of the complete bypass line and valve with a re-
designed bypass line configuration and a more modern design hydraulically operated Bypass Valve to be
applied. The diameter of the Bypass Line and Bypass Valve to be increased with the new design, and the
location of the bypass valve to be such that it shall be fitted directly to the pump-turbine spiral case extension
pipe.

3.2 Parts of the works which the Contractor is to design


The Contractor is not required to design any part of the works.

3.3 Design of Equipment


The Contractor design and manufacture all jigs and fixtures required in the performance of the works. This
includes the jigs and fixtures required for the machining of the hole in the Spiral Case Extension, the jigs for
the welding of the Spiral Case Extension Flange and any other supports required for the in situ welding of
the Piping. The jigs and fixtures are only required for the machining and welding operations and will be
removed by the Contractor after the process.

3.4 Equipment required to be included in the works


The Contractor shall provide equipment for the welding as well as equipment for the machining of the Spiral
Case Extension.

PART C3: SCOPE OF WORK PAGE 34 C3.1 ECC3 EMPLOYER’S WORKS INFORMATION
ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER _____________
INSTALLATION OF THE SPHERICAL VALVE BYPASS VALVE AND ASSOCIATED PIPING ON UNITS 1 - 4 AT DRAKENSBERG
POWER STATION

4 Procurement

4.1 People
4.1.1 Minimum requirements of people employed on the Site
All personnel, especially foreigners, working on the Site needs to have the applicable required work permits.
All personnel have successfully completed the relevant training pertaining to their specific job output.

4.1.2 BBBEE and preferencing scheme


The Contractor complies with and fulfils the Contractor’s obligations in respect of the Broad Based Black
Economic Empowerment (as per clause Z3) and Supplier Development and Localisation Obligations.

4.2 Subcontracting
4.2.1 Preferred subcontractors
None

4.2.2 Subcontract documentation, and assessment of subcontract tenders


Sub-contracting contract is from the NEC3 suite of contracts.

4.2.3 Limitations on subcontracting


Any part of the works provided by the sub-contractor is subject to review and acceptance by the Employer.

4.2.4 Attendance on subcontractors


The contractor provides the Employer with a plan on how the sub-contractor will be monitored.

4.3 Plant and Materials


4.3.1 Spares and consumables
The Contractor is responsible for all equipment and consumables required for the machining of the hole.
The Spiral Case Extension is made from rolled and welded high carbon steel sections.

4.4 Contractor’s Equipment (including temporary works).


The design and method statement of the onsite machining fixture used for the machining of the Spiral Case
Extension Flange Hole is submitted to the Project Manager, for his Acceptance and as an assurance that the
equipment is able to allow the Contractor to provide the works efficiently and without delay.

PART C3: SCOPE OF WORK PAGE 35 C3.1 ECC3 EMPLOYER’S WORKS INFORMATION
ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER _____________
INSTALLATION OF THE SPHERICAL VALVE BYPASS VALVE AND ASSOCIATED PIPING ON UNITS 1 - 4 AT DRAKENSBERG
POWER STATION

5 Construction

5.1 Temporary works, Site services & construction constraints


5.1.1 Employer’s Site entry and security control, permits, and Site regulations
 Before work starts on Site, a Site inaugural meeting is held between the Contractor and the Employer,
where details of the works are discussed and clarified;
 The Contractor’s Site Supervisor is on Site for the entire duration of the works.
 General access to the power station is controlled and Site induction has to be completed before work is
allowed to start.
 It is mandatory that the Contractor adheres to all security regulations in force during the period of the
contract.
 Before entry to the Site will be allowed, everyone undergoes an alcohol breathalyser test which needs to
be passed. This is one of the five Life-saving Rules to which the Contractor is required to adhere to at all
times.

5.1.2 Restrictions to access on Site, roads, walkways and barricades


 The Contractor satisfies himself and comply with the Site conditions presented during induction
 The Contractor is required to comply with all Site restrictions pertaining to the Site’s roads, walkways and
barricades.

5.1.3 People restrictions on Site; hours of work, conduct and records


Normal working hours are as follows:
Monday to Thursday
07:30 – 16:45
Fridays
07:30 – 12:30

Outage working hours are as follows:


Monday to Saturday
07:30 – 18:30

5.1.4 Health and safety facilities on Site


The health and safety facilities on Site is discussed in detail during the Site induction

5.1.5 Title to materials from demolition and excavation


The Contractor has no title to plant and/or materials resulting from him carrying out the works.

5.1.6 Cooperating with and obtaining acceptance of Others


Cooperation and obtaining acceptance of Others is done according to the EE3 clauses 11.2 and 25.1.

5.1.7 Publicity and progress photographs


Notice boards, advertising rights, media relations, and photography and progress photographs are not
allowed without appropriate authorisation by the Employer.

5.1.8 Contractor’s Equipment


 The Contractor provides the Employer with a complete list of materials, tools, Equipment and or
machinery before bringing it onto Site.
 The Contractor provides and maintains all tests and measuring Equipment required for all tests to the
required accuracy. The accuracy of test Equipment is required to be better than ± 0.1 %.
 The type and class of Equipment used is subject to the Acceptance by the Employer.

PART C3: SCOPE OF WORK PAGE 36 C3.1 ECC3 EMPLOYER’S WORKS INFORMATION
ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER _____________
INSTALLATION OF THE SPHERICAL VALVE BYPASS VALVE AND ASSOCIATED PIPING ON UNITS 1 - 4 AT DRAKENSBERG
POWER STATION

 The Contractor’s measuring Equipment is accompanied by valid calibration certificates from an approved
authority.
 The Project Manager may at any stage during the Contract require such Equipment to be checked by an
approved laboratory or the South African Bureau of Standards.

5.1.9 Site services and facilities


5.1.9.1 Overhead Crane
 A 360 Ton main hook and an 8 and 5 Ton auxiliary hook are available in the station main Machine Hall. It
is the Contractor’s responsibility to ensure that all necessary arrangements and preparations are made
for the use of this crane.
 The Contractor ensures that the crane is capable of handling the loads to be lifted and any limitations with
respect to height and operation.
 The crane is operated by the Employer only.
 Access to welding bay

5.1.9.2 Electricity Supply


 All points of supply are provided in terms of availability and location
 The Employer indicates which supply points may be used.
 220V electrical supply is generally available in the power station complex. 380V supply is also available –
the Contractor ensures they have the correct matching plugs.
 The Contractor verifies extension lead requirements.

5.1.9.3 Water Supply


 All points of supply are provided in terms of availability and location
 The Employer indicates which supply points may be used

5.1.9.4 Compressed Air Supply


 All points of supply are provided in terms of availability and location
 The Employer indicates which supply points may be used
 The Contractor verifies air compression hose requirements

5.1.9.5 Area for Site establishment and Storage


 A storage area is indicated to the Contractor
 An area for Site Establishment is indicated to the Contractor
 Security to the Contractor’s storage is the responsibility of the Contractor
 The area allocated to the Contractor is reinstated to their former condition on takeover of the works

5.1.9.6 Sanitary facilities


The Contractor makes use of the Employer’s facilities in the power station

PART C3: SCOPE OF WORK PAGE 37 C3.1 ECC3 EMPLOYER’S WORKS INFORMATION
ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER _____________
INSTALLATION OF THE SPHERICAL VALVE BYPASS VALVE AND ASSOCIATED PIPING ON UNITS 1 - 4 AT DRAKENSBERG
POWER STATION

5.1.10 Facilities provided by the Contractor


The Contractor makes provision for accommodation, vehicles, kitchen - and office space (mobile container)
and Equipment etc

5.1.11 Control of noise, dust, water and waste


 Employee to wear the required personal protective equipment when going to the plant where there is
noise and dust.
 Waste must be managed according to Eskom’s Waste Management Standard, 32-245.

5.2 Completion, testing, commissioning and correction of Defects


5.2.1 Work to be done by the Completion Date
On or before the Completion Date the Contractor has done everything required to Provide the works. The
Project Manager cannot certify Completion until all the works has been done and is also free of Defects
which would have, in his/ her opinion, prevented the Employer from using the works and Others from doing
their work.

5.2.2 Use of the works before Completion has been certified


The Employer takes over the works after successful commissioning of the works.

5.2.3 Commissioning
Contractor to provide support during commissioning

5.2.4 Access given by the Employer for correction of Defects


Access is granted to the Contractor for Defects correction as per clause 43.4 in ECC3

PART C3: SCOPE OF WORK PAGE 38 C3.1 ECC3 EMPLOYER’S WORKS INFORMATION
ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER _____________
INSTALLATION OF THE SPHERICAL VALVE BYPASS VALVE AND ASSOCIATED PIPING ON UNITS 1 - 4 AT DRAKENSBERG
POWER STATION

6 Plant and Materials Standards and Workmanship

6.1 Electrical & Mechanical Engineering Works

Tick if
Standard Title Publicly
available

240-83539994 Standard for Non-destructive Testing *


240-53665024 Engineering Quality Manual √
240-75655504 Corrosion Protection Standard For New Indoor And Outdoor √
Eskom Equipment, Components, Materials And Structures
Manufactured From Steel Standard
SANS 347:2012 Ed 2 Categorization and Conformity Assessment Criteria For Pressure √
Equipment

WBS DBo2 P1 to P1 Welding Procedure Spec √

WBS DB03-18 P8 to P8 Welding Procedure Spec √


WBS DB05-18 P1 to P1 Welding procedure Spec √
PHIQL2710112 Procedure Qualification Record √

6.2 Other
Tick if
Standard Title Publicly
available
Hazardous Chemical Regulations, GNR. 1179 of 25 August 1995 as

amended by GNR.930 of 25 June 2003 and GNR.683 of June 2008
GGR0992 Eskom Plant Safety Regulations GGR 0992 
Eskom Operating Regulations for High Voltage Systems,
ESKARAAG4 
ESKARAAG4
OHASA (1993) Occupational Health and Safety Act of South Africa, Act 85 of 1993 
Construction Regulation, 2014 

The Compensation for Occupational Injuries and Diseases Act


No.130 of 1993, amended by government notices to 30 April 
2004 or Equivalent

National Environmental Management Act of 1988 


ISO 9001:2008 Quality Management Systems 
240-62196227 Eskom Life-saving Rules Directive 23-421 *
32-245 Eskom’s Waste Management Standard *
QM-58 Supplier Contract Quality Requirements Specification *
32-644 Rv1 ESKOM Documentation Management Standard *
240-54179170 Classification and designation of technical documentation *

PART C3: SCOPE OF WORK PAGE 39 C3.1 ECC3 EMPLOYER’S WORKS INFORMATION
ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER _____________
INSTALLATION OF THE SPHERICAL VALVE BYPASS VALVE AND ASSOCIATED PIPING ON UNITS 1 - 4 AT DRAKENSBERG
POWER STATION

7 List of drawings

7.1 Drawings issued by the Employer


This is the list of drawings issued by the Employer at or before the Contract Date and which apply to this
contract.

Note: Some drawings may contain both Works Information and Site Information.

Drawing number Revision Title

DRA17-SVI-5400 B BY PASS SYSTEM DN 350 (450) PN100

DRA17-SVI-5400 D BY PASS SYSTEM DN 350 (450) PN100

DRA17-SVI-5401 B CONICAL PIPE

DRA17-SVI-5402 A WELDING NECK FLANGE

DRA17-SVI-5403 A WELDING NECK FLANGE

DRA17-SVI-5404 B RING

DRA17-SVI-5410 B CONNECTION PIPE

DRA17-SVI-5411 A ROD

DRA17-SVI 8400 C DOWNSTREAM PIPE

DRA17-SVI 9900 A BY PASS DN 350 (450) TEST ARRANGEMENT

DRA17-SVI 9901 A BLIND FLANGE

DRA17-SVI 9902 A BLIND FLANGE

PART C3: SCOPE OF WORK PAGE 40 C3.1 ECC3 EMPLOYER’S WORKS INFORMATION
ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER _____________
INSTALLATION OF THE SPHERICAL VALVE BYPASS VALVE AND ASSOCIATED PIPING ON UNITS 1 - 4 AT DRAKENSBERG
POWER STATION

ANNEXURE A – Safety Requirements

ITEM INDEX REGULATION


1 Principal Contractor
 Appointment (drawn up by Eskom) CR 4(1)(c)
 Mandatory Agreement (drawn up by Section 37(2)
Eskom)
 Letter Of Good Standing (COIDA) (provided
by contractor)
 Notification Of Construction Work (to be CR 3(3)
submitted by contractor to Department
of Labour)
2 Appointment Letters (to be drawn up by
contractor)
 Assistant to the CEO Section 16(2)
 Construction Supervisor CR 6(1)
 Assistant Construction Supervisor CR 6(2)
 Construction Safety Officer CR 6(6)
 Risk Assessor CR 7(1)
 Fall Protection Planner CR 8(1)(a)
 Formwork & Support work Supervisor CR 10
 Scaffold Supervisor & ladder Inspector CR 14
 Stacking & Storage Supervisor CR 26(a)
 Batch Plant Supervisor CR 18(1)
 Demolition Work Supervisor CR 12(1)
 Excavation Work Supervisor CR 11(1)
 Material Hoist Inspector CR 17
 Tower Crane Operator CR 20
 Incident Investigator GAR 8/9
 First Aider GSR 3(4)
 Construction Vehicle Operator CR 21(1)(d)(i)
 Construction Vehicle Inspector CR 21(1)(j)
 Contractor Appointment (if employing any CR 5(3)(b)
sub-contractor)
3 Safety, Health & Environment Risk Assessment (to CR 7(2)
be drawn up by contractor – Risk Assessor)
4 Safety Induction Training (conducted by Eskom)
5 Fall Protection Plan (drawn up by contractor CR 8(2)
where there exists a fall greater than 2 meters
– Fall Protection Planner)
6 Certificates
 Medical Fitness Certificates (to be provided
by contractor & must be conducted by
OHP)
 Safety Training Certificates as per
Appointment Letters as per point 2 above (to
be provided by contractor – training to
be done by accredited SETA/DOL training
providers)
 Trade Test Certificates (to be provided by
contractor – qualified artisans)
 Letters Of Competencies (to be provided by
contractor – e.g qualified artisans)
 Load Test Certificates (to be provided by
contractor for all lifting equipment and
machinery brought on site)
 Calibration Certificates ( for equipment that

PART C3: SCOPE OF WORK PAGE 41 C3.1 ECC3 EMPLOYER’S WORKS INFORMATION
ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER _____________
INSTALLATION OF THE SPHERICAL VALVE BYPASS VALVE AND ASSOCIATED PIPING ON UNITS 1 - 4 AT DRAKENSBERG
POWER STATION

requires periodic calibration)


 Working at Heights Training (to be provided
by contractor – training to be done by
accredited SETA/DOL training providers -
where there exists a fall greater than 2
meters)
7 Equipment Checklists/Registers (to be provided by
contractor)
 Hand Tools & Equipment
 Lifting Machines & Equipment
 Ladder & Scaffolding
 Safety Harness/Fall Protection
 Electrical Tools & Equipment
 Tower Crane
 Vehicle Inspections
 Gas Welding/Cutting Equipment
 PPE Issue
8 Electrical and Mechanical Tool & Equipment
Inventory (All tools will be inspected on site by a
competent Electrical & Mechanical Eskom
employee before any work proceeds)
9 Toolbox Talks (to be provided by contractor)
10 Incident & Accident Reporting Procedure (to be
provided by contractor)
11 SHE Policy (to be provided by contractor if
available)
12 Scope and activity details (to be provided by
contractor if available)
13 Safe Work Procedures/Method Statements (to be
provided by contractor)
14 Health & Safety Plan (to be provided by
contractor)
15 Emergency Preparedness (conducted by Eskom)
16 Contractors (if employing any sub-contractor)
 Mandatory Health & Safety Rules For
Contractors (to be provided by principal
contractor)

PART C3: SCOPE OF WORK PAGE 42 C3.1 ECC3 EMPLOYER’S WORKS INFORMATION
ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER _____________
INSTALLATION OF THE SPHERICAL VALVE BYPASS VALVE AND ASSOCIATED PIPING ON UNITS 1 - 4 AT DRAKENSBERG
POWER STATION

C3.2 CONTRACTOR’S WORKS INFORMATION


This section of the Works Information will always be contract specific depending on the nature of the works.
It is most likely to be required for design and construct contracts where the tendering contractor will have
proposed specifications and schedules for items of Plant and Materials and workmanship, which once
accepted by the Employer prior to award of contract now become obligations of the Contractor per core
clause 20.1.

Typical sub headings could be

a) Contractor’s design
b) Plant and Materials specifications and schedules
c) Other

This section could also be compiled as a separate file.

PART C3: SCOPE OF WORK PAGE 43 C3.1 ECC3 EMPLOYER’S WORKS INFORMATION
EMPLOYER’S NAME CONTRACT NUMBER _____________
INSTALLATION OF THE SPHERICAL VALVE BYPASS VALVE AND ASSOCIATED PIPING ON UNITS 1 - 4 AT DRAKENSBERG
POWER STATION

PART 4: SITE INFORMATION

Document Title No of
reference pages
This cover page 1

C4 Site Information 1

Total number of pages 2

PART C4: SITE INFORMATION PAGE 44 C4 ECC3 SITE INFORMATION


EMPLOYER’S NAME CONTRACT NUMBER _____________
INSTALLATION OF THE SPHERICAL VALVE BYPASS VALVE AND ASSOCIATED PIPING ON UNITS 1 - 4 AT DRAKENSBERG
POWER STATION

Part 4: Site Information

1. General description
Drakensberg is a 1000MW Pumped storage scheme comprising of four reversible turbines rated
each at 250MW. The station is located in the Drakensberg Mountains in KwaZulu-Natal, close to the
town of Bergville. Construction and commissioning of the last units was accomplished in 1981. A
special feature of the station is that it is constructed entirely underground with only a dam wall, lift
shaft buildings and transmission lines visible at the surface. The Drakensberg Pumped Storage
Scheme is reached from Harrismith via the R49 to Kestel. Take the R74 turn-off to Bergville some
2.8 km along the R49. Turn left after 8.7 km and travel 23.5 km to the Kwazulu-Natal / Free State
boundary at the top of the Oliviershoek Pass. From there, travel 13.1 kms down the pass and turn
left. Follow the sign posted directions to the power station for approximately 9.5 km. The total
distance from Harrismith is approximately 60 km.

2. Existing buildings, structures, and plant & machinery on the Site


As viewed at the site meeting

PART C4: SITE INFORMATION PAGE 45 C4 ECC3 SITE INFORMATION

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