MPGXC004326 Revision 1 REV 1 : pg 27 & 31 minor changes NEC3 Engineering & Construction Contract Between ESKOM HOLDINGS SOC Ltd (Reg No. 2002/015527/30) and [Insert at award stage] (Reg No. ___________ ) for Upgrade and Relocation of Demin Plant On-line Analysers at Kriel Power Station for a period of 3 months Contents: Part C1 Agreements & Contract Data Part C2 Pricing Data Part C3 Scope of Work Part C4 Site Information CONTRACT No. [Insert at award stage] MPGXC004326 ESKOM HOLDINGS SOC Ltd Part C1: Agreements & Contract Data Contents: C1.1 Form of Offer and Acceptance [to be inserted from Returnable Documents at award stage] C1.2a Contract Data provided by the Employer C1.2b Contract Data provided by the Contractor [to be inserted from Returnable Documents at award stage] C1.3 Proforma Guarantees CONTRACT 2 ECC3 COVER PAGES MPGXC004326 ESKOM HOLDINGS SOC Ltd 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: Upgrade and Relocation of Demin Plant On-line Analysers 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. Options B The offered total of the Prices exclusive of VAT is R [●] Value Added Tax @ 14% is R [●] The offered total of the amount due inclusive of VAT is1 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 witness Tenderer’s CIDB registration number (if applicable) Date 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. CONTRACT 3 ECC3 COVER PAGES MPGXC004326 ESKOM HOLDINGS SOC Ltd 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) Capacity for the Employer (Insert name and address of organisation) Name & signature of witness Date Note: If a tenderer wishes to submit alternative tenders, use another copy of this Form of Offer and Acceptance. CONTRACT 4 ECC3 COVER PAGES MPGXC004326 ESKOM HOLDINGS SOC Ltd Schedule of Deviations to be completed by the Employer prior to contract award Note: 1. 2. 3. 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. 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. 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 (Insert name and address of organisation) (Insert name and address of organisation) Signature Name Capacity On behalf of Name & signature of witness Date CONTRACT 5 ECC3 COVER PAGES MPGXC004326 ESKOM HOLDINGS SOC Ltd C1.2 ECC3 Contract Data Part one - Data provided by the Employer Clause Statement 1 General Data The conditions of contract are the core clauses and the clauses for main Option A: Priced contract with activity schedule W1: Dispute resolution procedure X2: Changes in the law X5: Sectional completion X7: Delay damages X16: Retention Z: Additional conditions of contract dispute resolution Option and secondary Options of the NEC3 Engineering and Construction Contract, April 2013 (ECC3) 10.1 10.1 10.1 CONTRACT 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 The Project Manager is: (Name) Kgomotso Ngweye Address Kriel Power Station Private Bag x5009 Kriel 2271 Tel 017 615 2450 Fax 086 667 1588 e-mail [email protected] The Supervisor is: (Name) Kabelo Monakhisi Address Kriel Power Station 6 ECC3 COVER PAGES MPGXC004326 ESKOM HOLDINGS SOC Ltd Bethal/Ogies Road Private Bag x5009 Kriel 2271 017 615 2575 Tel No. Fax No. e-mail [email protected] 11.2(13) The works are Upgrade and Relocation of Demin Plant On-line Analysers 11.2(14) The following matters will be included in the Risk Register none 11.2(15) The boundaries of the site are Water Treatment Plant 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 1 week 2 The Contractor's main responsibilities Data required by this section of the core clauses 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 (proposed) 15 March 2017 11.2(9) The key dates and the conditions to be met are: Condition to be met key date period after contract award 1 Safety file completion 1 week 2 Site Establishment 1 week 3 Induction and access registration 2 weeks 30.1 CONTRACT The access dates are: 7 Part of the Site Date 1 Installation of the new system 30 January 2017 2 Interface to the SCADA system 10 February 2017 3 Relocation of the existing plant to the new system 24 February 2017 ECC3 COVER PAGES MPGXC004326 ESKOM HOLDINGS SOC Ltd The Contractor is to submit a first programme for acceptance within One week of the Contract Start date 31.2 The starting date is 09 January 2017 32.2 The Contractor submits revised programmes at intervals no longer than 5 days 35.1 The Employer is not willing to take over the works before the Completion Date. of each Unit 4 Testing and Defects 42.2 The defects date is 52 weeks after Completion of each of the Units 43.2 The defect correction period is 2 weeks except that the defect correction period for failure of equipment is one week and the defect correction period for signals to the SCADA system is 2 days 31.1 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 4 weeks. 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 recorded is: Bethal, Mpumalanga Province, South Africa The weather measurements to be CONTRACT 8 ECC3 COVER PAGES MPGXC004326 ESKOM HOLDINGS SOC Ltd the cumulative rainfall (mm) recorded for each calendar month are, the number of days with rainfall more than 10 mm the number of days with minimum air temperature less than 0 degrees Celsius the number of days with snow lying at 09:00 hours South African Time and these measurements: The weather measurements are supplied by Weather SA The weather data are the records of past weather measurements for each calendar month which were recorded at: Bethal and which are available from: the South African Weather Bureau and included in Annexure A to this Contract Data provided by the Employer 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 Contractor’s Authorised Supervisor not Authorised on time 3. Changes in scope 84.1 The Employer provides these insurances from the Insurance Table as stated for “Format B” available on http://www.eskom.co.za/Tenders/InsurancePoliciesPr ocedures/Pages/EIMS_Policies_ From_1_April_2014_To_31_March_2015.aspx (See Annexure B for basic guidance) 84.1 The Employer provides these additional insurances as stated for “Format B” available on http://www.eskom.co.za/Tenders/InsurancePoliciesPr ocedures/Pages/EIMS_Policies_ From_1_April_2014_To_31_March_2015.aspx (See Annexure B for basic guidance) 84.1 The Contractor provides these additional insurances: [●] 84.2 The insurance against loss of or damage to the works, Plant and Materials is to include cover for Plant and Materials provided by the Employer for an amount of R500,000 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 CONTRACT 9 whatever the Contractor deems necessary in ECC3 COVER PAGES MPGXC004326 ESKOM HOLDINGS SOC Ltd any one event is addition to that provided by the Employer. 84.2 The minimum limit of indemnity for insurance in respect of death of or bodily injury to employees of the Contractor arising out of and in the course of their employment in connection with this contract for any one event is As prescribed by the Compensation for Occupational Injuries and Diseases Act No. 130 of 1993 and the Contractor’s common law liability for people falling outside the scope of the Act with a limit of Indemnity of not less than R500 000 (Five 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 60.6 The method of measurement is 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 if the arbitration procedure does not state who selects an arbitrator, is the Chairman for the time being or his nominee of the Association of Arbitrators (Southern Africa) or its successor body. 12 Data for secondary Option clauses X2 Changes in the law CONTRACT as stated in Part C2.1, Pricing Assumptions. There is no reference to Contract Data in this Option and terms in italics are identified elsewhere in this Contract Data. 10 ECC3 COVER PAGES MPGXC004326 ESKOM HOLDINGS SOC Ltd X5 Sectional Completion X5.1 The completion date for each section of the works is: Section Description X5 & X7 Sectional Completion and delay damages used together X7.1 X5.1 Delay damages for late Completion of the sections of the works are: Completion date 1 Installation of the new 09 February system 2017 2 Interface to the SCADA system 23 February 2017 3 Relocation of the existing plant to the new system 24 February 2017 Handover 14 March 2017 section Description Amount per day 1 Installation of the new system R10 000 2 Interface to the SCADA system R10 000 3 Relocation of the existing plant to the new system R10 000 Remainder of the works The total delay damages payable by the Contractor does not exceed: 10% of the contract value X16 Retention X16.1 The retention free amount is Zero The retention percentage is 10% X18 Limitation of liability X18.1 The Contractor’s liability to the Employer for indirect or consequential loss is limited to: R0.0 (zero Rand) X18.2 For any one event, the Contractor’s liability to the Employer for loss of or damage to the Employer’s property is limited to: the amount of the deductibles relevant to the event described in the insurance policy format selected in the data for clause 84.1 above, which policy is available on http://www.eskom.co.za/Tenders/InsurancePoliciesPr ocedures/Pages/EIMS_Policies_ From_1_April_2014_To_31_March_2015.aspx X18.3 The Contractor’s liability for Defects due to The greater of the total of the Prices at the Contract Date his design which are not listed on the and Defects Certificate is limited to the amounts excluded and unrecoverable from the Employer’s assets policy for CONTRACT 11 ECC3 COVER PAGES MPGXC004326 ESKOM HOLDINGS SOC Ltd correcting the Defect (other than the resulting physical damage which is not excluded) plus R15M 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 The Contractor’s total liability for the additional excluded matters, is limited to: excluded matters is not limited. The additional excluded matters are amounts for which the Contractor is liable under this contract for Defects due to his design which arise before the Defects Certificate is issued, Defects due to manufacture and fabrication outside the Site, 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) 2 years 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 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 Z1 to Z12 always apply. 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. CONTRACT 12 ECC3 COVER PAGES MPGXC004326 ESKOM HOLDINGS SOC Ltd 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. Z4 Ethics Z4.1 Any offer, payment, consideration, or benefit of any kind made by the Contractor, which constitutes or could be construed either directly or indirectly as an illegal or corrupt practice, as an inducement or reward for the award or in execution of this contract constitutes grounds for terminating the Contractor’s obligation to Provide the Works or taking any other action as appropriate against the Contractor (including civil or criminal action). Z4.2 The Employer may terminate the Contractor’s obligation to Provide the Works if the Contractor (or any member of the Contractor where the Contractor constitutes a joint venture, consortium or other unincorporated grouping of two or more persons or organisations) is found guilty by a competent court, administrative or regulatory body of participating in illegal or corrupt practices. Such practices include making of offers, payments, considerations, or benefits of any kind or otherwise, whether in connection with any procurement process or contract with the Employer or other people or organisations and including in circumstances where the Contractor or any such member is removed from the an approved vendor data base of the Employer as a consequence of such practice. Z4.3 Notwithstanding the provisions of core clause 90.2, the procedures on termination in terms of this clause are P1, P2 and P3 as stated in the core clause 92 and the amount due is A1 and A3 as stated in core clause 93. CONTRACT 13 ECC3 COVER PAGES MPGXC004326 ESKOM HOLDINGS SOC Ltd Z5 Confidentiality Z5.1 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. Z5.2 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. Z5.3 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. Z5.4 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. Z5.5 The Contractor ensures that all his subcontractors abide by the undertakings in this clause. Z6 Waiver and estoppel: Add to core clause 12.3: Z6.1 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. Z7 Health, safety and the environment: Add to core clause 27.4 Z7.1 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. Z7.2 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. CONTRACT 14 ECC3 COVER PAGES MPGXC004326 ESKOM HOLDINGS SOC Ltd Z8 Provision of a Tax Invoice and interest. Add to core clause 51 Z8.1 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. Z8.2 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. Z8.3 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. Z9 Notifying compensation events Z9.1 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”. Employer’s limitation of liability Z10 Z10.1 The Employer’s liability to the Contractor for the Contractor’s indirect or consequential loss is limited to R0.00 (zero Rand) Z10.2 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 point, after the words "against it": Z11 Z11.1 Z12 or had a business rescue order granted against it. Addition to secondary Option X7 Delay damages (if applicable in this contract) Z12.1 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. CONTRACT 15 ECC3 COVER PAGES MPGXC004326 ESKOM HOLDINGS SOC Ltd Annexure B: 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”. 2. For ECC3 there are three main “formats” of cover and deductible structure; Format A, Format B and Format Dx. Format A is for a project or contract value less than or equal to R350M ( three hundred and fifty million Rand) inclusive of VAT. Format B is for a project or contract value greater than R350M .( three hundred and fifty million Rand) inclusive of VAT. In the case of contracts / packages within a project: For a contract / package of R50M which is part of a R400M project, Format B will apply For a contract / package of R250M which is part of a R6 billion project, Format B will apply; For a contract / package of R120M which is part of a R350M project Format A will apply; For a contract which is not part of a project the same limits apply: For a contract of R50M, Format A will apply For a contract of R355M, Format B will apply. Format Dx applies only to Distribution Division projects and contracts. If a Distribution Division project or contract exceeds the Format A limit, the Eskom Insurance Management Services [EIMS] need to be contacted for advice on how to formulate the insurance cover. Cover and deductibles for Distribution Division are per the relevant policy available on the internet web link given below. Format A generally applies to Transmission Division projects and contracts. If a Transmission Division project or contract exceeds the Format A limit, the Eskom Insurance Management Services [EIMS] need to be contacted for advice on how to formulate the insurance cover. 3. 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. 4. When the Marine Insurance is required the Contractor needs to obtain a copy of the latest edition of Eskom’s Marine Policies Procedures found at internet website given below. 5. Further information and full details of all Eskom provided policies and procedures may be obtained from: http://www.eskom.co.za/live/content.php?Item_ID=9248 CONTRACT 16 ECC3 COVER PAGES MPGXC004326 ESKOM HOLDINGS SOC Ltd C1.2 Contract Data Part two - Data provided by the Contractor Completion of the data in full, according to Options chosen, is essential to create a complete contract. Clause Statement 10.1 The Contractor is (Name): Data Address Tel No. Fax No. Fee percentage below works as follows: 11.2(8) Compensation events : direct expenditure (subject to quotation acceptance) will be paid in full by Eskom plus this % fee) 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: 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 CONTRACT 17 ECC3 COVER PAGES MPGXC004326 ESKOM HOLDINGS SOC Ltd A Priced contract with activity schedule 11.2(21) The activity schedule is in 11.2(31) The tendered total of the Prices is (in figures) (in words), excluding VAT Note “SCC” means Schedule of Cost Components starting on page 60, and “SSCC” means Shorter Schedule of Cost Components starting on page 63 of ECC3 (April 2013). Data for Schedules of Cost Components A Priced contract with activity schedule Data for the Shorter Schedule of Cost Components 41 in SSCC The percentage for people overheads is: 21 in SSCC The published list of Equipment is the last edition of the list published by % The percentage for adjustment for Equipment in the published list is Minus 22 in SSCC The rates of other Equipment are: Equipment 61 in SSCC The hourly rates for Defined Cost of design outside the Working Areas are Category of employee % Size or capacity Rate 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 SSCC The percentage for design overheads is 63 in SSCC The categories of design employees whose travelling expenses to and from the Working Areas are included in Defined Cost are: CONTRACT 18 ECC3 COVER PAGES MPGXC004326 ESKOM HOLDINGS SOC Ltd PART 2: PRICING DATA ECC3 Option A Document reference Title C2.1 Pricing assumptions: Option A C2.2 The activity schedule CONTRACT 19 ECC3 COVER PAGES MPGXC004326 ESKOM HOLDINGS SOC Ltd C2.1 Pricing assumptions: Option A How work is priced and assessed for payment Clause 11 in NEC3 Engineering and Construction Contract, (ECC3) Option A states: Identified and defined terms 11 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. 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. 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. 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; CONTRACT 20 ECC3 COVER PAGES MPGXC004326 ESKOM HOLDINGS SOC Ltd 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. CONTRACT 21 ECC3 COVER PAGES MPGXC004326 ESKOM HOLDINGS SOC Ltd C2.2 Price List Activity Schedule Item no. Description Unit 100 PRELIMINARIES AND GENERAL Sum 101 Site Establishment Sum 102 Transport Sum 103 Supervision Sum 104 Safety and medicals Sum 105 Safety Officer Sum 106 Accommodation Sum 107 De-establishment Sum Quantity Rate Price Sub Total (P&G's) 200 WORKS AS PER WORKS INFORMATION 201 Supply and Installation 202 Ultra-pure pH Sensors ea 9 203 Multi-parameter, Multi-channel transmitter (4 channel input, 8 x programmable 420mA output) ea 6 204 Multi-parameter, Multi-channel transmitter (2 channel input, 4 x programmable 420mA output), ea 4 205 Ultra-pure Conductivity sensors (0.01µS – 50,000µS) ea 11 206 4 pole conductivity sensor (10 – 1 000 000µS) ea 9 207 On-line TOC Analyser (4ppb – 50ppm) ea 3 208 Hach 1720E Turbidimeter (0.001 to 100 NTU) with SC200 controller ea 2 209 Swan AMI Sodium P analysers for samples with pH > 7 ea 1 210 Swan AMI Silica Silitrace Analyser (0.5 – 1000 ppb) ea 1 211 two channel sample sequencer sum 1 212 Supply, installation and commissioning of junction boxes and electrical distribution boards. Sum 213 Supply, installation and termination of electrical and C&I cabling. Sum CONTRACT 22 ECC3 COVER PAGES MPGXC004326 ESKOM HOLDINGS SOC Ltd 214 Supply, installation and integration of PLC system. Sum Sub Total (Supply And Installation) 300 Design and Manufacture 301 Design, manufacture, supply and installation of PLC enclosure. Sum 302 Design, manufacture, supply and installation of panel/stand on which analysers, enclosures and junction boxes will be mounted. Sum 303 Design, manufacture, supply and installation of stainless steel sample manifolds. Sum 304 Design, manufacture, supply and installation stainless steel sample lines form the sample points to the analysers, including all valves, tubing, fittings and tap off and grab sample points. Sum Sub Total (Design And Manufacture) 400 SUNDRIES 401 Factory Acceptance Test Sum 402 Commissioning and Site Acceptance testing Sum 403 Operating Training Sum 404 Maintenance Training Sum 405 Engineering Training Sum 406 Handover documentation Sum Sub Total (Sundries) 100 PRELIMINARY & GENERAL 200 SUPPLY AND INSTALLATION 300 DESIGN & MANUFACTURE 400 SUNDRIES TOTAL RAND VALUE (excl VAT) Signature : _______________________________________ CONTRACT 23 Date: ______________________ ECC3 COVER PAGES MPGXC004326 ESKOM HOLDINGS SOC Ltd PART 3: SCOPE OF WORK Document reference Title No of pages This cover page 1 C3.1 Employer’s Works Information C3.2 Contractor’s Works Information Total number of pages CONTRACT 24 ECC3 COVER PAGES MPGXC004326 ESKOM HOLDINGS SOC Ltd C3: Scope of Work The Kriel Power Station is situated approximately half way between Bethal and Ogies on the R545, being just over 30 km from each town and 10 km north-west of Kriel town. 3.1 WORKS INFORMATION Abbreviations Abbreviations Definition C&I Control and Instrumentation Demin Demineralised IMM Intelligent Maintenance Management, which has the functionality to indicate the expected time before maintenance (cleaning, calibration and replacement) is due FAT Factory Acceptance Test HMI Human Machine Iterface K25 Specific Conductivity NTU Nephelometric Turbidity Units OEM Original Equipment Manufacturer ppb Parts per billion ppm Parts per million PVC Polyvinyl Chloride SAT Site Acceptance Test SCADA Supervisory Control and Data Acquisition TOC Total Organic Carbon WTP Water Treatment Plant 1. DESCRIPTION OF THE WORKS 1.1 Introduction Demin water is produced by three trains, situated in the water treatment plant. Each train consists of three vessels; Anion, Cation and Mixed bed. The Eskom Chemistry Standard for Demineralised Water Production Using ION Exchange Resins (Unique Identifier: 474-206) specifies certain chemical analyses to be carried out during production of demin water. The standard requires that all the streams involved in the production of demin water have continuous, on-line monitoring. It also outlines chemical limits and ranges for parameters for the demineralised make-up water production process as well as the surveillance requirements and minimum surveillance frequency required to provide adequate analysis to facilitate accurate process control. The purpose of this project is to supply, design, manufacture, install and commission a sampling system to accurately analyse the demin water during the production process. Analysers to be installed during this project are sodium, silica, pH, conductivity, turbidity and Total Organic Carbon. The sample lines currently installed on the plant are made of plastic and must be replaced with stainless steel sample lines. The sample line system must be reconfigured to CONTRACT 25 ECC3 COVER PAGES MPGXC004326 ESKOM HOLDINGS SOC Ltd accommodate the additional analysers to be installed as well as all manifolds leading to the analysers. All analysers must be mounted on a stainless steel panel to be constructed in the demin water production plant. All electrical work forms part of the scope. 1.2 Overview 1.2.1 General Requirements a) The work is for the design, supply, manufacture, installation and commissioning of a sampling system required to analyse the chemical composition of water during the demin water production process. b) The Contractor is responsible for carrying out all activities and supply of everything necessary to provide the works in accordance with the requirements of the Works Information, including clarification and co-ordination with plant engineers, other equipment manufacturers/suppliers and the Employer. 1.2.2 Scope Overview The scope for the project comprises of the design, supply, manufacture, installation and commissioning of a sampling system to ensure accurate analysis of water during the demin water production process. pH and conductivity analysers must be installed on the outlet and effluent lines of each vessel as well as on the common cation inlet and common mixed bed outlets. A sodium analyser must be supplied and installed on the common outlet of the mixed bed vessels. A turbidity analyser must be supplied and installed on the common inlet to the cation vessels as well as the common outlet of the mixed bed vessels. The scope also includes the supply and installation of a TOC analyser on the anion and mixed bed outlets as well as the common inlet to the cation vessels and common outlet from the mixed bed vessels. Three (3) Sodium and two (2) Silica analysers are currently installed in the water plant laboratory and the scope includes the relocation of these analysers to the demin production plant. The analysers must be moved, installed and re-commissioned. The plastic sample lines from the vessels to the analysers must be replaced with stainless steel tubes and the inlet manifold to the analysers reconfigured in order to accommodate sampling of different vessels from different trains. The selection valves should be ball valves to allow operators to quickly verify which train is selected to be measured. All the analysers must be mounted on a stainless steel panel. The electrical supplies, junction boxes, breakers, cabling etc. forms part of the scope. A new Siemens S7 PLC system must be supplied, installed and interfaced with the Siemens WinCC SCADA system already installed in the water treatment plant. The site work will consists of: • Supply, installation and commissioning of the following analysers and transmitters: - 9 x Ultra-pure pH Sensors with IMM (range 1 – 11) - 6 x Multi-parameter, Multi-channel transmitter (4 channel input, 8 x programmable 420mA output), which include touch screen, with zoom-able trending facility of a week and can interface to the IMM sensors. CONTRACT 26 ECC3 COVER PAGES MPGXC004326 ESKOM HOLDINGS SOC Ltd - 4 x Multi-parameter, Multi-channel transmitter (2 channel input, 4 x programmable 420mA output), which include touch screen, with zoom-able trending facility of a week and can interface to the IMM sensors. - 11 x Conductivity sensors with IMM for ultra-pure water (0.01µS – 50,000µS) - 9 x 4 pole conductivity sensor with IMM for waste water (10 – 1 000 000µS) - 3 x On-line TOC Analyser (4ppb – 50ppm), capable of 2 minute analysis with a precision of <1% RSD with touch screen interface and trending facility. - 2 x Hach 1720E Turbidimeter (0.001 to 100 NTU) with SC200 controller - 1 x Swan AMI Sodium P analysers for samples with pH > 7 - 1 x Swan AMI Silica Silitrace Silica Analyser (0.5 – 1000 ppb) - 1 x two channel sample sequencer ## Note all supplied analysers should be approved by Eskom as per Appendix • Supply, installation and commissioning of junction boxes and electrical distribution boards. • Supply, installation and termination of electrical and C&I cabling. • Supply, installation and integration of PLC system. • Design, manufacture, supply and installation of PLC enclosure. • Design, manufacture, supply and installation of panel/stand on which analysers, enclosures and junction boxes will be mounted. • Design, manufacture, supply and installation of stainless steel sample manifolds. • Design, manufacture, supply and installation stainless steel sample lines form the sample points to the analysers, including all valves, tubing, fittings and tap off and grab sample points. • Testing and commissioning of the works. • Training and manuals on new equipment and system usage. 1.2.3 Standards The Contractor is responsible for ensuring possession of all relevant documentation necessary to provide the works. The Employer's standard specifications may be obtained from the Information Management department at the Employer’s Power Station. The Contractor is responsible for obtaining non-Employer standards referred to in the Works Information. 1.2.4 Metrication The metric equivalents of the specifications, standards and codes of practice referred to in the Works Information apply and metric sizes of plant, equipment and materials are used. Only metric units are used on drawings, displays, reports and all other documentation supplied as part of the works. 1.2.5 Language The language to be used throughout the Works Information for documentation, manuals, software, labels, descriptions and all written material is English. CONTRACT 27 ECC3 COVER PAGES MPGXC004326 ESKOM HOLDINGS SOC Ltd 1.2.6 Plant Codification Plant codification is done according to the AKZ system as used at Kriel Power Station. The Contractor is to supply a detailed list of instrumentation and equipment to be installed, as well as the cable schedule, no less than 3 (three) weeks before installation on site commences. The Employer will generate suitable codification and descriptions for new equipment, cables and signals. The codes and descriptions will be supplied to the Contractor. References to plant are accompanied by the relevant AKZ code for that item of plant. The Contractor ensures that all plant, materials, components and documentation as part of the works is codified correctly. 1.2.7 Equipment Labelling Labelling of all equipment and documentation supplied is part of the works and is the responsibility of the Contractor. The relevant AKZ code is included on the label according to the required format, together with plant description. All the labelling and inscriptions will be to the Kriel Technical Specification for AKZ Labels, refer to Labelling Specification Document ECM0004 attached hereto. A prototype will be submitted for acceptance to the Project Manager prior to fixing the labels on the plant. Equipment labelling should not interfere with maintenance and commissioning activities, if not possible the label should be fitted such that it could be removed and replaced without damage to the label. All cable labelling to be approved by the Project Manager. Labels shall be produced and attached to relevant equipment and cables no longer than 3 (three) weeks after work on site have been completed. 1.2.8 Cable Numbering The Contractor provides the cabling documentation for the works. The Contractor provides the cable schedules inclusive of origin, target, type, length and size specification for all new cables required for the Works. The Employer will assist with the assignment of cable numbers. The Contractor provides the termination schedules for all cables that form part of the works. The Cable information supplied by the Contractor should also include all the relevant information regarding the cables that are decommissioned as part of the Works. The Contractor transfers all cable schedule information in electronic format (MS Excel). A printout of the cable information must form part of the final official documentation package. 1.3 Existing System Two (2) Swan Silica AMI Silitrace analysers with a Swan sample sequencer and three (3) Swan Sodium analysers are installed in a laboratory in the Water Treatment Plant; these analysers are still functional and must be relocated to the demin water production plant. Conductivity and pH analysers are installed in the demin production plant however they are not in functioning order and should be replaced. Plastic sample lines run from each of the demin water production vessels to the old analysers and are to be replaced with stainless steel piping. The system is not integrated with the WTP SCADA system and all measurements should be displayed on the WTP HMI. 1.4 SUPPLIED BY THE EMPLOYER 1.4.1 Power Supply The Employer provides 380VAC supply. The Contractor must supply, install and commission the switchgear cubicles with the required electrical equipment, as specified in section 1.5.13. CONTRACT 28 ECC3 COVER PAGES MPGXC004326 ESKOM HOLDINGS SOC Ltd 1.5 SUPPLIED BY THE CONTRACTOR 1.5.1 Minimum System Performance The existing, functioning analysers must be relocated to the demin water production plant and mounted together with the new analysers on a stainless steel panel. New stainless steel sample lines must be installed. All the water entering and exiting the vessels must be accurately sampled. A new Siemens S7 PLC system will integrate the analysed values with the exisiting WTP SCADA system. All values must be archived and trends for at least 4 weeks must be available. 1.5.2 pH analysers The pH analysers must be capable of analysing ultra-pure water with pH value of between 1 and 11. pH must be measured on the outlets of the Cation, Anion and Mixed bed vessels. All together the Contractor must supply, install and commission nine (9) pH sensors, coupled with three (3) Multi-parameter, Multi-channel transmitters. Each transmitter will have three (3) inputs. The inputs to the transmitters will be set-up as follows: Transmitter 1: pH of cation A outlet, pH of anion A outlet, pH of mixed bed A outlet Transmitter 2: pH of cation B outlet, pH of anion B outlet, pH of mixed bed B outlet Transmitter 3: pH of cation C outlet, pH of anion C outlet, pH of mixed bed C outlet The Contractor will supply stainless steel flow through cells for the sensors as well as all required cabling. 1.5.3 Conductivity Analysers • The conductivity analysers must be able to measure the specific conductivity (K 25) with a range of 0.01µS – 50,000µS on the outlets of the Cation, Anion and Mixed bed vessels as well as the common inlet to the Cation vessels and common outlet of the Mixed bed vessels. In total eleven (11) of these conductivity sensors must be supplied, installed and commissioned by the Contractor. • Nine (9) 4 pole conductivity sensor with IMM for waste water must be supplied and installed on the effluent lines from the cation, anion and mixed bed vessels. The conductivity analysers must be able to measure the specific conductivity (K25) with a range of 10 – 1 000 000µS. • Three (3) Multi-parameter, Four-channel transmitters and four (4) Multi-parameter, Dualchannel transmitters must be supplied, installed and commissioned to display the conductivities. • The inputs to the transmitters will be set-up as follows: Four-channel transmitters Transmitter 1: K25 of Cation A Outlet, K25 of Cation A Effluent, K25 of Anion A Outlet, K25 of Anion A Effluent, Transmitter 2: K25 of Cation B Outlet, K25 of Cation B Effluent, K25 of Anion B Outlet, K25 of Anion B Effluent, Transmitter 3: K25 of Cation C Outlet, K25 of Cation C Effluent, K25 of Anion C Outlet, K25 of Anion C Effluent, Dual-channel transmitters Transmitter 1: K25 of mixed bed A Outlet, K25 of mixed bed A Effluent Transmitter 2: K25 of mixed bed B Outlet, K25 of mixed bed B Effluent CONTRACT 29 ECC3 COVER PAGES MPGXC004326 ESKOM HOLDINGS SOC Ltd Transmitter 3: K25 of mixed bed C Outlet, K25 of mixed bed C Effluent Transmitter 4: K25 of common cation Inlet, K25 of common mixed bed Outlet The Contractor will supply stainless steel flow through cells for the sensors as well as all required cabling. 1.5.4 Total Organic Carbon Analyser The Contractor is to supply three (3) On-line TOC Analysers with dual-stream capability. The measuring range for the analyser must be 4ppb – 50ppm. The Contractor is to design, manufacture, supply and install a manifold with three (3) inlets and two (2) outlets. The user must be able to select which two (2) of the three (3) input streams are to be analysed, as depicted in figure 1 below. This setup will be used for two of the analysers. Figure 1: TOC analyser setup The following samples will be analysed by each analyser: TOC analyser 1: Anion A outlet, Anion B outlet, Anion C outlet TOC analyser 2: mixed bed A outlet, mixed bed B outlet, mixed bed C outlet TOC analyser 3: common cation Inlet, common mixed bed outlet 1.5.5 Turbidity Analyser To maintain consistency on the plant and for the sake of spares holding two (2) Hach 1720E Turbidimeter, with one (1) two channel SC200 controller must be supplied, installed and commissioned by the Contractor. The turbidity analysers must have a sampling range of 0.001 to 100 NTU. One (1) Turbidimeter must be installed on the common inlet to the Cation vessels and the other on the common outlet of the mixed bed vessels. One (1) two channel controller will be installed to display both the analysed values. 1.5.6 Sodium Analyser To maintain consistency on the plant and for the sake of spares holding one (1) Swan AMI Sodium P analysers must be supplied, installed and commissioned by the Contractor. The analyser must be installed on the common mixed bed outlet. CONTRACT 30 ECC3 COVER PAGES MPGXC004326 ESKOM HOLDINGS SOC Ltd 1.5.7 Silica Analyser To maintain consistency on the plant and for the sake of spares holding one (1) Swan AMI Silitrace A pre-approved Silica Analyser must be supplied, installed and commissioned by the Contractor. The analyser must have a sampling range of 0.5 – 1000ppb. The analyser must be coupled with a two (2) stream sample sequencer and will be used to analyse the outlets of the Anion and Mixed bed vessels of train A. 1.5.8 Existing Sodium and Silica analysers The three (3) Swan Sodium analysers and two (2) Swan Silica analysers currently installed in the WTP laboratory must be relocated to the demin water production plant and installed and incorporated into the new sampling system. The analysers must be tested and re-commissioned once relocated. The Sodium analysers analyse the outlets of the Cation, Anion and Mixed bed vessels and the current setup together with the sample manifolds must be maintained when moving the analysers. The two (2) existing silica analysers must be installed and setup to analyse the Anion and Mixed bed outlets of train B and C as well as the common Mixed bed outlet. 1.5.9 Consumables for analysers The Contractor is to supply all consumables required for commissioning of the analysers as well as approximately a year’s supply of all consumables required by the analysers, this includes etching kits, electrolyte, standard solutions, reagents etc. 1.5.10 Sample lines The Contractor must design, manufacture, supply and install 10mm stainless steel sample lines from the sample point to the analysers. In the demin water plant it is required that one (1) sample line be installed at the outlet each Cation vessel, two (2) sample lines be installed on the outlet of each Anion and Mixed bed vessel, one (1) on the effluent line of each vessel as well as one (1) on the common inlet to the Cation vessels and two (2) on the common outlet of the Mixed bed vessels. In total this amounts to twenty-seven (27) sample lines going from the sample points at the bottom of each vessel to the point where the analysers are to be installed. Where the sample lines split to go the respective analysers, 6mm stainless steel lines should be installed. All tap-off points, isolating valves, fittings and flanges must be supplied and installed by the Contractor. A grab sample valve must be available for each sample line at the point where the analysers are installed. The sample lines must be installed in such a way that there are no angled bends in the lines (eg. 90° or 45° angles). The Contractor must design, manufacture, supply and install a drain system together with the sample lines. CONTRACT 31 ECC3 COVER PAGES MPGXC004326 ESKOM HOLDINGS SOC Ltd As a summary, the following samples are required from each sample point: Three (3) sample lines from the outlets of the three (3) Cation Vessels to analyse: - Sodium - pH - Specific conductivity Three (3) sample lines from the effluent of the three (3) Cation Vessels to analyse: - Specific conductivity Six (6) sample lines from the outlets of the three (3) Anion Vessels to analyse: - Sodium - Specific Conductivity - Silica - pH - Total Organic Carbon Three (3) sample lines from the effluent of the three (3) Anion Vessels to analyse: - Specific conductivity Six (6) sample lines from the outlets of the three (3) Mixed bed Vessels to analyse: - Sodium - Specific Conductivity - Silica - pH - Total Organic Carbon Three (3) sample lines from the effluent of the three (3) Mixed bed Vessels to analyse: - Specific conductivity One (1) sample from the common inlet to the Cation Vessels: - Specific Conductivity - Turbidity - Total Organic Carbon Two (2) sample from the common outlet of the Mixed bed Vessels: - Sodium - Specific Conductivity - Silica - Total Organic Carbon - Turbidity 1.5.11 Equipment Stand The Contractor must design, manufacture, supply and install a stainless steel stand on which the analysers, grab sample valves and sample selection system will be mounted. The stand must include a roof-like top structure to shield the analysers from any falling objects or materials. The stand must make provision for the following number of analysers: - 9 pH sensors coupled with 3 transmitters 20 Conductivity sensors coupled with 7 transmitters CONTRACT 32 ECC3 COVER PAGES MPGXC004326 ESKOM HOLDINGS SOC Ltd - 2 turbidity sensor and 1 controller 4 Sodium analysers 3 Silica analysers and 2 sample sequencers 3 TOC analysers 1.5.12 Junction Boxes and Equipment Panels The Contractor is to manufacture, assemble, supply, install, wire and commission all junction boxes and equipment panels. Junction boxes and panels must have an IP rating of 67 and must be made of stainless steel. 1.5.13 Power Supply & Switchgear Cubicles 380 VAC supply will be made available to power all the equipment. The Contractor must equip the switchgear cubicles with a main circuit breaker, overload relay and earth leakage as well as all other protection devices required for safe operation. The equipment and installation must be compatible with the existing Eskom switchgear and faultcurrent specifications. 1.5.14 Cabling The Contractor is to supply and install all power and instrumentation cables required to do the work. Power cables must be 600/1000V, 4core PVC SWA. The voltage drop across the cables must be less than 5%. 1.5.15 Electrical Certificate of Compliance A valid electrical certificate of compliance (ECOC) must be issued by a responsible electrician for all electrical work and installations done on site. The certificate must be in accordance with the regulations as required by the South African National Standards. 1.5.16 Spares List & Maintenance Requirements The Contractor is to supply a list of all spares that will be required to maintain the plant in the future as well as the number of spares to be kept on site. The Contractor will also specify the maintenance requirements for each installed component, stipulating the frequency of maintenance, action to be carried out, tools required and risks involved. The spares list, includes each item price list must be submitted to the Project Manager as soon the Contractor has placed orders for all the equipment. 1.6 TRAINING REQUIREMENTS a) Maintenance, operating and engineering training on the new equipment must be official OEM certified training. b) The Contractor and Employer agree on the most suitable training content. c) The Contractor compiles training manuals for official training courses and submit it for acceptance. 1.6.1 Requirements for the Manuals a) The Contractor supplies these manuals as either Microsoft Word Documents or in the Adobe Portable Document Format. b) The manuals must be searchable documents. c) The manuals must not be scanned images of hardcopy manuals. CONTRACT 33 ECC3 COVER PAGES MPGXC004326 ESKOM HOLDINGS SOC Ltd d) Each complete manual must be in one file. e) Separate manuals must be in separate files. 1.6.2 Operator Training Training must be conducted on the functionality and operation of the equipment as well as precautions which should be taken to ensure a long life of the equipment. a) The Contractor makes provision for fifteen (15) operators. b) At least three (3) training sessions must be held to accommodate all site personnel. 1.6.3 Maintenance Training Training must be conducted on correct removal, configuration and installation of the equipment. Other activities which the Contractor deems important maintenance items must also be included in this training. a) The Contractor makes provision for six (6) maintenance personnel. b) At least two (2) training sessions must be held to accommodate all site personnel. 1.6.4 Engineering Training Engineering Training is similar to Maintenance Training and may be combined in the same session unless points of training which are specifically aimed at Engineering staff are identified. a) The Contractor makes provision for three (3) engineers. b) A suitable session is pre-arranged to accommodate all site personnel. 2 PROGRAMMING AND PLANNING A programme for the project will be submitted to the Project Manager by the Contractor no later than two (2) weeks after the contract has been awarded. The programme will stipulate all delivery, installation and commissioning and completion dates. Any changes to the programme must immediately be submitted to the Project Manager. 2.1 Design Phase The Contractor is responsible for leading technical clarification discussions with the Employer. The Contractor is responsible for collecting all information and data required for design to enable the design to be complete. The information supplied is limited to existing drawings, operating and maintenance manuals, which will be made available to the Contractor at the starting date to view at Kriel Power Station. The Contractor performs the function of co-ordinator and technical leader and takes full responsibility for all technical interfaces between the works and other systems as indicated in the Works Information. 2.1.1 Design Acceptance a) The Contractor submits the final design documentation fifteen (15) working days prior to the start of procurement to the Project Manager for acceptance b) The Contractor is only allowed to start procurement after written approval has been received from the Project Manager. CONTRACT 34 ECC3 COVER PAGES MPGXC004326 ESKOM HOLDINGS SOC Ltd 3 3.1 CONSTRAINTS ON HOW THE CONTRACTOR PROVIDES THE WORKS Procurement, Fabrication and Delivery This section describes all activities from manufacture, assembling, factory testing and quality control, shipment to site, of all hardware, firmware and standard software products and components forming the works for this phase. 3.1.1 Manufacture and Assembling the Works a) The manufacture and assembling of the works commences on approval of the design by the Project Manager b) The Contractor assembles the works at the Contractor’s local establishment, in the Republic of South Africa. c) The Project Manager or the Employer’s Representatives reserve the right to witness the assembling of the works. 3.1.2 Factory Testing and Quality Control a) The Project Manager assesses the quality of the methods used for testing of the works by accepting the FAT procedure before the test commence. b) The Contractor notifies the Project Manager ten (10) working days before the test date c) The Project Manager will assign representatives to witness the FAT, if deemed required. d) The Project Manager assesses the results of the FAT’s and certifies completion. 3.1.3 Shipment Shipment involves functions surrounding preparation of items of plant and materials for installation on site. These functions include but are not limited to: a) Packaging of materials and items of plant for transportation to site. b) Transport and delivery of materials and items of plant for installation to site. c) Storage of materials and items of plant on site. The Contractor is responsible for the proper co-ordination and execution of the various functions involved in providing the items of plant, materials and equipment required to provide the works. 3.2 Installation a) The commencement of installation of the works is subject to the completion of all procurement, fabrication and delivery requirements in the Works Information. b) The Contractor plans the programme for the installation of the works around the Employer’s plant availability. c) The Contractor notifies the Employer at least two (2) weeks before start of installation. 3.3 Commissioning and Site Acceptance Testing a) The Contractor is responsible for the commissioning of all the equipment he is to supply to satisfy the requirements of the works. b) The Contractor co-operates to the fullest extent with the Project Manager in the work of commissioning the whole of the plant for which he supplies the portion of equipment specified in this Contract. c) The Contractor prepares documents for Commissioning Checks as well as Site Acceptance Testing. These documents incorporate spaces for the Contractor to enter results as well as space for both parties to witness that the checks/tests have been conducted. These CONTRACT 35 ECC3 COVER PAGES MPGXC004326 ESKOM HOLDINGS SOC Ltd documents are incorporated into the commissioning and testing manual. This document is submitted to the Project Manager. d) For installation of the system, the documents stated in c) are submitted to the Project Manager for acceptance two (2) weeks before the start of installation on the Plant. e) Any changes/modifications to the supplied documentation will be affected before start of commissioning on subsequent units. f) The Contractor provides all test equipment and resources for testing and commissioning. g) Site Acceptance Testing is performed once the Project Manager has certified Commissioning as complete. h) Commissioning and Acceptance Testing will under no circumstances delay the return to service of the specific plant. 3.3.1 Commissioning a) The Project Manager will make final arrangements with the Contractor 24 hours in advance, with preliminary arrangements made at least a week in advance. b) Before equipment is placed in service the Contractor certifies that it is in a suitable and safe condition. c) Commissioning checks include verification of connections, configuration, integration, interfacing, and functionality. d) In those cases where various components are connected to form an integrated system, the Contractor, at the time of commissioning, carries the responsibility for the correct functioning of the whole system. In the event of incorrect functioning, the Contractor determines the cause and corrects the fault. If the trouble is within equipment supplied to the Contractor, the Project Manager is to rectify defects within the Employer’s equipment. e) Site Acceptance testing is planned for once the Project Manager has certified Installation and Commissioning as complete. 3.3.2 Site Acceptance Testing a) The Project Manager makes final arrangements with the Contractor 72 hours in advance for Site Acceptance Testing. b) Site Acceptance Testing includes verification of functionality and performance of the system according to the requirements for the provision of the works. 3.4 Installation Progress Review a) An installation progress review meeting will be held at least once a week. b) The meeting involves all Employer and Contractor personnel involved in the installation process, as well as other oversight parties nominated by the Employer and is chaired by the Project Manager. c) The intention of this meeting is to review the approach followed during installation and initiate actions to ensure that shortcomings are eliminated. CONTRACT 36 ECC3 COVER PAGES MPGXC004326 ESKOM HOLDINGS SOC Ltd d) 4 COMPLETION REQUIREMENTS 4.1 Installation Completion a) Completion is achieved when the Project Manager certifies Site Acceptance and Operational Testing as complete. b) On completion, all components of the works are optimised to function according to the requirements of the Works Information. c) Final Documentation is supplied for the “as built works” as built. d) After completion the Project Manager declares the Work as complete. This does not relieve the Contractor of the responsibility that the works is fully functional and performs according to the requirements of the Works Information in all respects. 4.2 Documentation requirements 4.2.1 Minimum Requirements a) The Contractor supplies three (3) sets of hardcopies of all documentation including manuals and drawings related to design, installation and commissioning of the systems and equipment supplied as part of the works. The documentation is also supplied in electronic format. b) All electronic files of documentation generated in terms of this contract are supplied on electronic media in the form of CD-ROM with standard ISO file systems submitted with the hard copies of all such documentation. The documents are assessable by MS-Office version 10. c) Additionally, the Employer accepts electronic copies of third party documentation in Portable Document Format (PDF-files) and hardcopies. d) Drawings supplied for acceptance is in PDF format, but once approved will be supplied in dgn format for Microstation. e) The Contractor employs a thorough revision control and management philosophy on all documentation generated in terms of this contract. f) All drawings supplied must make reference to the existing plant layout interfaces. 4.2.2 Document identification a) All documentation including but not limited to drawings, operating, maintenance and engineering instruction manuals are uniquely identified and cross-referenced with all related documents specified in the works. b) All CD-ROM’s are uniquely labelled and contains as a minimum the following: CONTRACT Contract number Contract title CD title CD revision number Documentation reference number 37 ECC3 COVER PAGES MPGXC004326 ESKOM HOLDINGS SOC Ltd 4.2.3 Documentation Quality 4.2.3.1 Operating and Maintenance Manuals The manuals should contain the following: a) b) c) d) e) f) g) h) i) j) k) l) m) n) o) Table of Contents Introduction Chapter headings Reference to all related drawings Presentation Requirements Cross-referencing Page numbering and section numbering as header or footer Clearly labelled diagrams High quality prints (no photocopies) Power station name and contract number Font to be Arial size 10 – 12. Not including headings Manuals include all relevant third party information Quality of paper is A4 80 – 100 G/m2. Binders are 4-ring snap close. All binders and files are plastic. 4.2.3.2 Drawings a) All drawings should be approved by the Employer b) Drawings supplied under this contract must conform to the Employer's standards GGS 0315. c) Graphical symbols used must be in accordance with the DIN 2481 (Thermal Power Plants Graphical Symbols) and Eskom 0.00/10259 (Standard Pipe Diagram and C&I Diagram Symbols). d) A drawing template, with title blocks and general format is available at the Employer’s drawing office (contact Wallie Badenhorst, Tel: 017-615-2504). 4.2.4 Documentation Scope of Supply The Contractor supplies the following documentation: a) Standard brochures, catalogues, and descriptions b) Design standards, codes of practice, design guidelines, installation, test commissioning and optimisation procedures c) Drawing system description and index d) Document management procedure e) QA applicable documents as specified f) Design modification procedure g) Data sheets of components, devices, printed circuit boards etc. h) Documentation that indicates Employer specific settings and configuration of all components forming part of the works i) Operating, engineering and maintenance manuals j) Maintenance philosophies k) Cabling information CONTRACT 38 ECC3 COVER PAGES MPGXC004326 ESKOM HOLDINGS SOC Ltd l) Spares list m) Third Party documentation n) All electronic documentation The Contractor is required to transfer all cabling information relevant to the works and supplied as part of the works to the Project Manager in the form of uncompressed electronic media, such as Microsoft Excel, along with a printout of the data, which serves as the official document. Third party equipment and software used must be accompanied by the following documentation: a) All technical drawings (layout, circuit diagrams, flow charts etc.) b) Maintenance manuals & philosophies c) Sensor, hardware, modules, and software manuals d) User service manuals e) User manuals f) Spares list 4.2.5 Final Documentation Three (3) sets of final prints of the updated documentation are to be provided at completion of the works. Soft copies of all the documents must be submitted to the Employer before the final documents are printed. The Employer will audit these documents over a period of fifth teen (15) working days for correctness and conformance to the “As built” plant. The Contractor will rectify, print and submit the documents within ten (10) working days after verification is received from the Employer. Details on required documentation to be submitted, in conjunction with what has already been mentioned, are stipulated in the following procedures: Gx Projects Documentation Deliverable Requirements Specifications – 24065459834 Basic Configuration Management Requirements – ECM 0010 4.2.6 Copyright The Employer has full rights to make unlimited copies and use the material in any form or manner desired for use within Eskom. Security arrangements All Contractor personnel are issued with a temporary access permit (Contractor’s Permit) which contains the following information: Name ID Number Company Validity date All Contractors’ permits are submitted to Protective Services when the workers leave the site after completion of the works. In order to assist Protective Services with the issuing of permits and the identification of personnel on site, the Contractor supplies a list of all personnel that he intends using on site, at least 24 hours prior to entry of the Security Area. This list is delivered to Protective Services, or is faxed to (017) 615 2602. The list, identified with the Contractor’s name, contains the following information: Employee Name Employee ID Number CONTRACT 39 ECC3 COVER PAGES MPGXC004326 ESKOM HOLDINGS SOC Ltd Eskom Safety Co-ordinator signature Eskom Project Manager signature Copy of the first page of the ID book of every employee of the Contractor, photocopied to reduce the size to 65%. To speed up the process of gaining access to the site, the Contractor compiles detailed lists of all tools and equipment to be taken on site before arriving at the Power Station Security gate. A special Tool List form is available at Protective Services. An authorised copy of this list is retained to be used again when the tools and equipment is removed from site after the completion of the works. The Chief of Protective Services may, with valid cause, remove any of the Contractor's personnel from the site, either temporarily or permanently, without any prejudice. He may deny access to the site to any person whom, in the opinion of the said Chief of Protective Services, constitutes a security risk. The Contractor is restricted to the delivery areas associated with the instruction on the purchase order. The Contractor is forbidden to enter any other areas, and must ensure that his employees abide by these regulations. Parking inside the power station is strictly forbidden, except for loading purposes. 5 SPECIFICATIONS Title Eskom Unique Identifier Date or revision Gx Projects Documentation Deliverable Requirements Specifications 240-65459834 Rev 1 ECM-0010 Rev 1 32-727 Rev 1 ECM-0004 Rev 0 QM-58 Rev 0 Basic Configuration Management Requirements – SHEQ Policy Labelling Specification Supplier Contract Quality Requirement Specifications 6 Tick if publicly available HEALTH AND SAFETY RISK MANAGEMENT Employer’s Health And Safety Requirements The Contractor acts in accordance with the health and safety requirements stated in the Works Information. In carrying out its obligations to the Employer in terms of this contract; in providing the Works; in using Plant, Materials and Equipment; and while at the Site for any reason, the Contractor complies and procures and ensures the compliance by its employees, agents, Sub-Contractors and mandatories with: CONTRACT 40 ECC3 COVER PAGES MPGXC004326 ESKOM HOLDINGS SOC Ltd a) the provisions of the Occupational Health and Safety Act 85 of 1993 (as amended) and all regulations in force from time to time in terms of that Act (“the OHSA”); and b) the Eskom “Safety, Health and Environmental Requirements for Contractors” document attached to the Works Information (as amended from time to time) and such other Eskom Safety Regulations as are applicable to the Works and are provided in writing to the Contractor (collectively “the Eskom Regulations”). The Eskom Regulations may be amended from time to time by the Project Manager and all amendments will be provided in writing to the Contractor. The Contractor complies with the provisions of the latest written version of the Eskom Regulations with which it has been provided; and c) the health and safety plan prepared by the Contractor in accordance with the SHEQ Requirements. (The OHSA and the Eskom Regulations are collectively referred to as the “SHEQ Requirements”.) The Contractor, at all times, considers itself to be the “Employer” for the purposes of the OHSA and is required to not consider itself under the supervision or management of the Employer with regard to compliance with the SHEQ Requirements, the Contractor is required to furthermore not consider itself to be a subordinate or under the supervision of the Employer in respect of these matters. The Contractor is at all times responsible for the supervision of its employees, agents, Sub-Contractors and mandatories and takes full responsibility and accountability for ensuring they are competent, aware of the SHEQ Requirements and execute the Works in accordance with the SHEQ Requirements. The Contractor ensures that all statutory appointments and appointments required by any Eskom Regulations are made and that all appointees fully understand their responsibilities and is trained and competent to execute their duties. The Contractor supervises the execution of their duties by all such appointees. The Employer, or any person appointed by the Employer, may, at any stage during the currency of this contract: I. Conduct health and safety audits regarding all aspects of compliance with the SHEQ Requirements, at any off-site place of work, or the site establishment of the Contractor; II. Refuse any employee, Sub-Contractor or agent of the Contractor access to the premises if such person has been found to commit an unsafe act or any unsafe working practice or is found not to be qualified or authorised in terms of the SHEQ Requirements; III. Issue the Contractor with a stop order should the Project Manager become aware of any unsafe working procedure or condition or any non-compliance with any provision of the SHEQ Requirements. The Contractor immediately reports any disabling injury as well as any threat to health or safety of which it becomes aware at the Works or on the Site to the Project Manager and to the Safety Risk Management office. The Contractor appoints a person, qualified in accordance with the SHEQ Requirements, as the liaison with the Eskom Safety Officer for all matters related to health and safety, this person is required to be contactable 24 hours a day. CONTRACT 41 ECC3 COVER PAGES MPGXC004326 ESKOM HOLDINGS SOC Ltd The Contractor confirms that it has been provided with sufficient written information regarding the health and safety arrangements and procedures applicable to the Works to ensure compliance by it and all employees, agents, Sub-Contractors or mandatories with the SHEQ Requirements while providing the Works in terms of this contract. As such, the Contractor confirms that this contract and the relevant Eskom Regulations referred to in this contract constitute written arrangements and procedures between the Contractor and the Employer regarding health and safety for the purposes of section 37(2) of the OHSA. The Contractor agrees that the Employer is relieved of any and all of its responsibilities and liabilities in terms of Section 37(1) of OHSA in respect of any acts or omissions of the Contractor, and the Contractor’s employees, agents or Sub-Contractors, to the extent permitted by the OHSA. The Contractor hereby indemnifies the Employer and holds the Employer harmless in respect of any and all loss, costs, claims, demands, liabilities, damage, penalties or expense that may be made against the Employer and/or suffered or incurred by the Employer (as the case may be) as a result of, any failure of the Contractor, its employees, agents, Sub-Contractors and/or mandatories to comply with their obligations in terms of this clause 18, and/or the failure of the Employer to procure the compliance by the Contractor , its employees, agents, Sub-Contractors and/or mandatories with their responsibilities and/or obligations in terms of or arising from the OHSA. Contractor’s Responsibilities In addition to the safety requirements identified under responsibility in terms of safety requirements, the Contractor ensures that the following responsibilities are complied with: a) To meet on a regular basis, as agreed, with the Project Manager / Supervisor who are responsible for: I. Safety assurance II. Quality assurance III. Construction IV. Commissioning V. Any other relevant subjects. b) To commission machinery, if contractually required, in accordance with the commissioning committee’s approved commissioning programmes and procedures. The programmes are to identify and account for the interface requirements of other Contractors and the dates contained in the Contract Data. Specific Risks The following risks are identified by the Project Manager and Contractor specifically addresses these risks to ensure that the works is carried out safely: a) b) c) d) e) f) CONTRACT Working at heights Dusty conditions High noise area Work is being carried out overhead by Others Work is being carried out below Work in confined spaces 42 ECC3 COVER PAGES MPGXC004326 ESKOM HOLDINGS SOC Ltd g) h) i) Possibility of noxious gasses Possibility of fires or explosions Rigging Plant Safety Regulations The Employer, on request from the Contractor, isolates required plant from all sources of danger as described in the Plant Safety Regulations. The Contractor supplies his own personal protective equipment necessary to carry out the works. The Contractor is also responsible for inspecting and maintaining such equipment as required in terms of the OHS Act and local procedures. The Employer, on request, makes available a copy of the latest revision of the Plant Safety Regulations available to the Contractor. The Contractor will comply with the Employer’s ‘Permit to Work’ system. The Contractor conforms to all rules and regulations applicable to plant safety and completes the Workman's Register prior to working on the plant. The Contractor declares any grinding and welding to be carried out on the workers register. At every permit change the Contractor withdraws himself/herself/his staff for that period of permit suspension/revocation and thereafter only proceeds with the works after signing onto the new permit. The Contractor ensures that he/she/all sub-Contractors/personnel/staff/his visitors are medically, physically and psychologically fit to enter the Kriel Power Station, and specifically any confined space. The Contractor is prohibited from entering Radiation Areas. The onus is on the Contractor to ensure that the correct confined space requirements and tests have been done or met by the Project Manager prior to entry into any confined space or hazardous plant areas. The Contractor ensures that all personnel are competent to carry out the works. Proof of competency for technical and safety aspects must be available as and when required on site. The Contractor shall comply with the health and safety requirements as per Eskom’s Rules and Regulations ENVIRONMENTAL CONSTRAINTS AND MANAGEMENT It should always be noted that Kriel Power Station is ISO14001 certified and therefore promotes Integrated Environmental Management (IEM) philosophy which aims to achieve a desirable balance between conservation and development. All activities taking place within Kriel Power Station must consider section 28 of the National Environmental Management Act (107 of 1998) which makes provision for the duty of care approach. The contractor’s team must commit to review and to continually improve environmental management, with the CONTRACT 43 ECC3 COVER PAGES MPGXC004326 ESKOM HOLDINGS SOC Ltd objective of improving overall environmental performance. The Contractor must consult with Kriel Environmental section on a regular basis for on-going assistance and advices. Environmental requirements The Contractor ensures that all goods, services or works supplied in terms of the Contract conform to all applicable environmental legislation. Kriel Environmental Policy must be adhered to as a minimum. Refuse disposal The Contractor is responsible to keep the work area clean of any rubble. All waste introduced and/or produced on the Employer’s premises by the Contractor for this contract, is handled in accordance with the minimum requirements for the Handling and Disposal of Hazardous Waste in terms of Government Legislation as proclaimed by the NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT, 2008 The removal of any hazardous waste is the responsibility of the Contractor. The Contractor shall comply with the environmental criteria and constraints as per the Eskom Rules and Regulations. The service provider shall comply to, but not limited to, all relevant legal and other requirements including the Kriel Power Station EMS, National Environmental Management Act (Act 107 of 1998) as amended and ISO 14001. QUALITY ASSURANCE REQUIREMENTS QUALITY MANAGEMENT Quality Management System The Contractor shall be required to demonstrate by means of a Contract Quality Plan (CQP) that this organisation is so structured that all the requirements of the specification will be properly monitored and controlled. The Contract Quality Plan (CQP), which must include the Quality Control Plan (QCP), is to be drafted in accordance with QM-58 and the Supplier Contract Quality Requirement Specification (QM58). The Quality documents are to be submitted for approval to the Quality Engineer within thirty (30) days after a contract has been awarded to the Contractor. No work may commence unless the Contract Quality Plan and Quality Control Plan documents have been approved in writing and a copy submitted to the Quality Engineer/ Project Manager. The Contractor, in conjunction with the Quality Engineer must sign off all Quality Control documents after completing all work as per the agreed scope. The Contractor to submit a copy of the final signed off documents/data packages to the Project Manager within one (1) week after completion of work. The Contractor shall be required to read and fully understand the contents of the Supplier Contract Quality Requirement Specification (QM58) and a copy is to be kept in possession or on premises. The Supplier Contract Quality Requirement Specification (QM58) shall remain applicable in the event of the contract being extended or modified for reasons permitted. CONTRACT 44 ECC3 COVER PAGES MPGXC004326 ESKOM HOLDINGS SOC Ltd By signature and acceptance of this contract the Contractor acknowledges and agrees to comply with and adhere to Eskom’s policies and procedures (current and/or latest revisions) including the Supplier Contract Quality Requirement Specification (QM58). Contract Quality Management Plan Requirement The Contractor prepares a contract quality management plan that, where appropriate, indicates the following: Indicates the interface with the Contractors quality system and applicable documents such as procedures and work instructions Establishes communication channels between the Contractor and the Quality Engineer / Project Manager in respect of quality and the integration of such with the prescribed contract communication channels Indicates how specific subcontractors will be monitored Identifies items or activities for which quality control plans will be prepared Identifies the specifications, drawings and acceptance criteria for material for which quality control plans are not required Identifies the areas or processes requiring special controls Identifies the Contractor’s Management Representative and personnel responsible for the control of quality activities and their relationship to the Contractor’s management structure Identifies the documents which are to be submitted to the Project Manager Indicates the Contractor’s quality monitoring programme The Contractor periodically updates the contract quality management plan to reflect changes in any of the above details. The frequency of such updates is determined by the Quality Engineer but will not be greater than one year. Quality Control Plan The Contractor’s or Subcontractor’s quality control plans cover inspection and test proposals for items or activities to be supplied as part of the works. The quality control plan indicates the following as appropriate: The identification of the item. A list of the sequence of operations including inspections and tests. The identification of the specification, drawings or procedures for each operation. The acceptance criteria with reference to the appropriate technical specification, in-house, national or international standard and relevant clause number. The inspections and tests the Contractor has nominated for hold and witness points. Provision for inspections and tests nominated by the Quality Engineer. Provision for inspection status indication. Inspection and test records which are generated by the Contractor. Competence of the people-Level II welding inspector, Coded welders, minimum N3 Fitters/Boiler makers Personnel qualifications from approved training and accredited institute ITPs and welding procedures Material certificates Organogram indicating the quality person and his/her duties Adhere to the QM58 CONTRACT 45 ECC3 COVER PAGES MPGXC004326 ESKOM HOLDINGS SOC Ltd Follow the Eskom welding rule book The quality control plans are reviewed by the Quality Engineer and Project Manager to allow for insertion of his specific requirements, including hold and witness points, prior to commencement of work. The Contractor does not commence work until the Project Manager accepts. Refuse Disposal The Employer provides special colour coded bins for refuse disposal. These bins are emptied by the Employer. The Contractor ensures that all workers under his control strictly adhere to the correct use of refuse bins: Maroon bins : Scrap metal only White bins : Lagging and general household rubbish Yellow bins : Ash, dust, coal dust and sand For the full duration of the works, the Contractor is responsible to keep the work area clean of any rubble, and to place all refuse into the bins provided. 7 INVOICING AND PAYMENT The Contractor submits payment requests to the Employer. The Project Manager sends the payments certificate to the Contractor within 5 working days of receiving a payment request. The Contractor provides the Employer with a Valid Tax Invoice showing the amount due for payment equal to that stated in the Project Manager’s payment certificate within 3 working days. The Contractor sends back the signed payment certificate and copy of the invoice. The Contractor shall address the tax invoice to: Eskom Holdings SOC Ltd Reg. No. 2002/015527/30 Accounts Payable Kriel Power Station Private Bag X5009 Kriel 2271 The Contractor keeps records of all invoices submitted and paid up to the end of the project, as well as details of Actual Costs. All invoices are hand delivered to the Kriel Finance Department (Account payables) and include on each invoice the following information: -Name and address of the Contractor and the Service Manager; -The contract number and title; -Contractor’s VAT registration number; -The Employer’s VAT registration number 4740101508; -Description of service provided for each item invoiced based on the Price List; -Total amount invoiced excluding VAT, the VAT and the invoiced amount including VAT Contractor is required to follow the correct process to ensure the payment is effected in accordance with contractual payment terms. Contractor is required to follow the correct process to ensure payment is effected in accordance with contractual payment terms: CONTRACT 46 ECC3 COVER PAGES MPGXC004326 ESKOM HOLDINGS SOC Ltd Service related invoices a) b) c) d) e) f) Once the service have been delivered/completed both parties have to agree that the service has been delivered/completed successfully prior to invoicing An assessment payment certificate must be completed between the Contractor and Service Manager according to the service performed. Both parties have to sign the assessment/certificate A copy of assessment/payment certificate must be obtained by the Contractor to enable the creation of an invoice and to prevent any discrepancies. A copy of the assessment/payment certificate must be attached to the original invoice Service Manager performs a service entry and Goods Receipt on the SAP system. (Assessment/Payment Certificate issued as a source document for Service Entry Goods Receipt) Service Manager will the forward the Service entry and Goods Receipt Note number to the Contractor within 3 working days after the service has been rendered and the Assessment/Payment certificate signed Contractor must forward the original invoices together with a copy of the Assessment/Payment certificate to the Eskom Documentation Centre. Goods Delivered Invoices a) b) c) Once the Goods are delivered, the Service Manager preforms a Goods Receipt on the SAP system. (The delivery note is used as source document for Goods Receipt. The invoice should not be used as a delivery note) Service Manager will then forward the Goods Receipt note to the Contractor immediately or within 3 working days after the Goods are delivered. Contractors must then forward the Invoices together with a copy of the Assessment/Payment certificate to the Eskom Documentation Centre Invoices linked to commodity prices a) b) c) d) The requirements are the same as for Goods Delivered Invoices. Invoices which are linked to commodity prices will result in CPA (Contract Price Adjustment). Attach a copy of the material invoice that has been previously paid to the CPA invoice, as well as the calculation sheet and all indices attached other than SEIFSA. The relevant Eskom Department will then complete the CPA calculation sheet and forwards it to the Eskom Documentation Centre. Retention Invoices a) b) c) The requirements are the same as for Goods Delivered and Service related Invoices. Where Retention is applicable on the contract, the Eskom SAP system will automatically create the Retention, and the amount deducted from the invoiced amount. Invoices related to Retention releases require a defect or completion certificate from the Eskom End User and must be attached to the original invoice. The original invoice for the retention to be released must be accompanied by the approved and signed completion/defect certificate and forwarded by the Eskom End User to the Documentation Centre to effect payment. Foreign exchange Invoices Not Applicable CONTRACT 47 ECC3 COVER PAGES MPGXC004326 ESKOM HOLDINGS SOC Ltd General Information related to Eskom Invoices a) b) c) d) e) f) g) h) i) Contractor must ensure that the Service Entry and Goods Receipt Note number appears on the invoice. (It can be printed or hand written on the invoice). Eskom Purchase Order number must appear on invoice. Invoices must be VAT compliant in line with the VAT Act requirements. Invoices submitted must reflect the bank account details. A once off copy of the banking details may be forwarded to the Documentation Centre and it will be attached to each scanned invoice. Invoices must be original or certified as an original in line with the VAT Act. No electronic invoices will be accepted. Eskom’s correct name “Eskom Holdings SOC Ltd” must appear on the invoice. The Eskom VAT registration number: 4740 101 508 must appear on the invoice. No pro-forma invoices will be accepted. Contractor cannot be utilized by Eskom for more than 3 times without a contract being established. Note: 1. Invoices must be delivered to the Eskom Documentation Centre, as this will speed up the payment process and ensure that invoices are not lost and payments delayed. There is no need for Service Manager to sign invoices as they perform Goods Receipt in the system. The assessment certificate and Goods Receipt serves as the approval of payment. 2. Eskom Documentation Centre will review invoices according to a checklist and on completion scan the documentation into Accounts Payable processing system (Documentation can only be scanned where the Purchase order no. and Goods Receipt Note no. is reflected on the invoice, and the invoice complies with the VAT Act). 3. Invoices are processed and released for payment by Accounts Payable Section only where the source documentation is 100% correct. CONTRACT 48 ECC3 COVER PAGES MPGXC004326 ESKOM HOLDINGS SOC Ltd Appendix – List of Eskom Approved instruments CONTRACT 49 ECC3 COVER PAGES MPGXC004326 ESKOM HOLDINGS SOC Ltd CONTRACT 50 ECC3 COVER PAGES
© Copyright 2026 Paperzz