NEC3 Engineering and Construction Contract
NEC3 Engineering and Construction Contract
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
Document Title No of
reference pages
This cover page 1
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.
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:
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.
Part C1 Agreements and Contract Data, (which includes this Form of Offer and Acceptance)
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)
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
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.
Signature
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
X16: Retention
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
e-mail [email protected]
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(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
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
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.
51.4 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
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
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 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).
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(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.
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
X1.1(a) The base date for indices is One month before tender close date
[●] non-adjustable
Total 1.00
X5 Sectional Completion
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
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
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.
X18.2 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 .
X18.4 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.
X18.5 The end of liability date is (i) 1 year after the defects date for latent Defects
and
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
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.
Z3.1 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.
Z5.1 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.
Z6.1 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
Z7.1 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.
Z8.1 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”.
Z9.1 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":
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
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
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.
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
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.
Address
Tel No.
Fax No.
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
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
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
Document Title No of
reference pages
This cover page 1
C2.1 Pricing assumptions: Option A 4
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
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.
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.
Has taken account of the guidance given in the ECC3 Guidance Notes pages 19 and 20;
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.
Price List: Installation of the Spherical Valve Bypass Valve and Associated Piping on units 1 - 4 at
Drakensberg Power Station
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-
Document Title No of
reference pages
This cover page 1
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
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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
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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.
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
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
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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.
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.
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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.
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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.
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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.
4.2 Subcontracting
4.2.1 Preferred subcontractors
None
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5 Construction
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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.
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5.2.3 Commissioning
Contractor to provide support during commissioning
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Tick if
Standard Title Publicly
available
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
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7 List of drawings
Note: Some drawings may contain both Works Information and Site Information.
DRA17-SVI-5404 B RING
DRA17-SVI-5411 A ROD
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a) Contractor’s design
b) Plant and Materials specifications and schedules
c) Other
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Document Title No of
reference pages
This cover page 1
C4 Site Information 1
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.