Ingula Pumped Storage Scheme Waterway NDT Project Enquiry
Ingula Pumped Storage Scheme Waterway NDT Project Enquiry
Ingula Pumped Storage Scheme Waterway NDT Project Enquiry
and
Contents: Compiled in accordance with CIDB Standard for Uniformity in Page No.
Construction Procurement (May 2010 amendments)
Offer
The Employer, identified in the Acceptance page signature block on the next page, has solicited offers to
enter into a contract for the procurement of:
By the representative of the tenderer, deemed to be duly authorised, signing this part of this Form of Offer
and Acceptance the tenderer offers to perform all of the obligations and liabilities of the Contractor under the
Contract including compliance with all its terms and conditions according to their true intent and meaning for
an amount to be determined in accordance with the conditions of contract identified in the Contract Data.
This Offer may be accepted by the Employer by signing the form of Acceptance overleaf 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
Name &
signature of Date
witness
Tenderer’s CIDB registration number:
PART C1: AGREEMENTS AND CONTRACT DATA PAGE 2 C1.1 TSSC3 FORM OF OFFER & ACCEPTANCE
ESKOM HOLDINGS SOC Ltd ENQUIRY NUMBER WCPK1235MP
INGULA PUMPED STORAGE SCHEME NON-DESTRUCTIVE EXAMINATION
ON WATERWAY 1/2 AND 3/4 PENSTOCK
Acceptance
By signing this part of this Form of Offer and Acceptance, the Employer identified below accepts the
tenderer’s Offer. In consideration thereof, the Employer shall pay the Contractor the amount due in
accordance with the conditions of contract identified in the Contract Data. Acceptance of the tenderer’s Offer
shall form an Agreement between the Employer and the tenderer upon the terms and conditions contained in
this Agreement and in the Contract that is the subject of this Agreement.
Part 1 Agreements and Contract Data, (which includes this Form of Offer and Acceptance)
and drawings and documents (or parts thereof), which may be incorporated by reference into the above
listed Parts.
Deviations from and amendments to the documents listed in the Tender Data and any addenda thereto listed
in the Tender 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, which must be signed by the duly authorised
representative(s) for both parties.
The tenderer shall within one week 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 and signed copy of this document, including the Schedule of Deviations (if any)
together with all the terms of the contract as listed above.
Signature(s)
Name(s)
James L’Etang
Capacity Eskom Holdings SOC Limited
Senior Manager 15 Pasita St
Technical Plant Rosenpark
Cape Town
7550
for the
Employer
Name &
signature of Date
witness
Note: If a tenderer wishes to submit alternative tender offers, further copies of this document may be used for that purpose, duly
endorsed, ‘Alternative Tender No. _____ ‘
PART C1: AGREEMENTS AND CONTRACT DATA PAGE 3 C1.1 TSSC3 FORM OF OFFER & ACCEPTANCE
ESKOM HOLDINGS SOC Ltd ENQUIRY NUMBER WCPK1235MP
INGULA PUMPED STORAGE SCHEME NON-DESTRUCTIVE EXAMINATION
ON WATERWAY 1/2 AND 3/4 PENSTOCK
Schedule of Deviations
Note:
1. To be completed by the Employer prior to award of contract. This part of the Offer & Acceptance would not be required if the
contract has been developed by negotiation between the Parties and is not the result of a process of competitive tendering.
2. The extent of deviations from the tender documents issued by the Employer prior to the tender closing date is limited to those
permitted in terms of the Conditions of Tender.
3. A tenderer’s covering letter must not be included in the final contract document. Should any matter in such letter, which
constitutes a deviation as aforesaid be the subject of agreement reached during the process of Offer and Acceptance, the
outcome of such agreement shall be recorded here and the final draft of the contract documents shall be revised to
incorporate the effect of it.
1
2
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.
Date
PART C1: AGREEMENTS AND CONTRACT DATA PAGE 4 C1.1 TSSC3 FORM OF OFFER & ACCEPTANCE
ESKOM HOLDINGS SOC Ltd ENQUIRY NUMBER WCPK1235MP
INGULA PUMPED STORAGE SCHEME NON-DESTRUCTIVE EXAMINATION
ON WATERWAY 1/2 AND 3/4 PENSTOCK
The authority of the Employer’s Agent is to carry out all the actions of the Employer in
this contract except Clauses 5, 8 and 9
13.2 The period for reply is • Immediately for Health and Safety matters
• 3 working days during planning Phase
then 8 hours during execution
51.2 The interest rate on late payment is 0% per complete week of delay.
PART C1: AGREEMENTS AND CONTRACT DATA PAGE 5 C1.2 TSSC3 CONTRACT DATA PART 1
ESKOM HOLDINGS SOC Ltd ENQUIRY NUMBER WCPK1235MP
INGULA PUMPED STORAGE SCHEME NON-DESTRUCTIVE EXAMINATION
ON WATERWAY 1/2 AND 3/4 PENSTOCK
93.1 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).
93.2(2) 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
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 conditions of contract are the NEC3 Term Service Short Contract (April 2013)12 and
the following additional conditions Z1 to Z11 which always apply:
Z1.1 The Contractor does not cede, delegate or assign any of its rights or obligations to any person
without the written consent of the Employer.
Z1.2 Notwithstanding the above, the Employer may on written notice to the Contractor cede and
delegate its rights and obligations under this contract to any of its subsidiaries or any of its
present divisions or operations which may be converted into separate legal entities as a result
of the restructuring of the Electricity Supply Industry.
Z2.1 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
1If the previous edition applies change ‘April 2013’ for ’September 2009’.
2State whether attached as a ‘PDF’ file in terms of Eskom’s licence, or to be obtained from Engineering
Contract Strategies Tel 011 803 3008, Fax 086 539 1902 or www.ecs.co.za
PART C1: AGREEMENTS AND CONTRACT DATA PAGE 6 C1.2 TSSC3 CONTRACT DATA PART 1
ESKOM HOLDINGS SOC Ltd ENQUIRY NUMBER WCPK1235MP
INGULA PUMPED STORAGE SCHEME NON-DESTRUCTIVE EXAMINATION
ON WATERWAY 1/2 AND 3/4 PENSTOCK
Z2.2 The Contractor is required to submit an updated verification certificate and necessary
supporting documentation confirming the change in his B-BBEE status to the Employer within
thirty days of the notification or as otherwise instructed by the Employer.
Z2.3 Where, as a result, the Contractor’s B-BBEE status has decreased since the starting date the
Employer may either re-negotiate this contract or alternatively, terminate the Contractor’s
obligation to Provide the Service.
Z2.4 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 those stated in Clause 91.1 and the amount due on termination
includes amounts listed in Clause 92.1 less a deduction of the forecast additional cost to the
Employer of completing the service.
Z3 Confidentiality
Z3.1 The Contractor does not disclose or make any information arising from or in connection with
this contract available to others except where required by this contract. 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 where required by
this contract the Contractor ensures that the provisions of this clause are complied with by the
recipient.
Z3.2 If the Contractor is uncertain about whether any such information is confidential, it is to be
regarded as such until notified otherwise by the Employer.
Z3.3 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.
Z3.4 The taking of images (whether photographs, video footage or otherwise) of the Employer’s
property or any portion thereof, in the course of Providing the Service and after the end of the
service period, requires the prior written consent of the Employer. All rights in and to all such
images vests exclusively in the Employer.
Z3.5 The Contractor ensures that all his subcontractors abide by the undertakings in this clause.
Z4.1 Any extension, concession, waiver or relaxation of any action stated in this contract by the
Parties or their delegates 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.
Z5.1 The Contractor undertakes to take all reasonable precautions to maintain the health and safety
of persons in and about the execution of the service. Without limitation the Contractor:
• 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
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ESKOM HOLDINGS SOC Ltd ENQUIRY NUMBER WCPK1235MP
INGULA PUMPED STORAGE SCHEME NON-DESTRUCTIVE EXAMINATION
ON WATERWAY 1/2 AND 3/4 PENSTOCK
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 service; and
• undertakes, in and about the execution of the service, 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.
Z5.2 The Contractor, in and about the execution of the service, 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.
Z6.1 The Contractor provides the Employer with a tax invoice in accordance with the Employer's
procedures stated in the Service Information, showing the correctly assessed amount due for
payment.
Z6.2 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 clause 51.2 is then calculated from the delayed date by when payment is to be made.
Z6.3 The Contractor 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.
Z7.1 Delete from the last sentence in clause 61.1, “unless the event arises from an instruction of the
Employer.”
Z9 Termination: Add to clause 90.2, after the words "or its equivalent":
Z9.1 or had a business rescue order granted against it.
Z10.2 If the Employer terminates in terms of this clause, the procedures on termination are those
stated in Clause 91.1 and the amount due on termination includes amounts listed in Clause
92.1 less a deduction of the forecast additional cost to the Employer of completing the service.
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ESKOM HOLDINGS SOC Ltd ENQUIRY NUMBER WCPK1235MP
INGULA PUMPED STORAGE SCHEME NON-DESTRUCTIVE EXAMINATION
ON WATERWAY 1/2 AND 3/4 PENSTOCK
Z11 Ethics
Coercive means to harm or threaten to harm, directly or indirectly, an Affected Party or the
Action property of an Affected Party, or to otherwise influence or attempt to influence an
Affected Party to act unlawfully or illegally,
Collusive means where two or more parties co-operate to achieve an unlawful or illegal
Action purpose, including to influence an Affected Party to act unlawfully or illegally,
Committing means, as the context requires, the Contractor, or any member thereof in the case of
Party a joint venture, or its employees, agents, or Subcontractors or the Subcontractor’s
employees,
Corrupt Action means the offering, giving, taking, or soliciting, directly or indirectly, of a good or
service to unlawfully or illegally influence the actions of an Affected Party,
Fraudulent means any unlawfully or illegally intentional act or omission that misleads, or attempts
Action to mislead, an Affected Party, in order to obtain a financial or other benefit or to avoid
an obligation or incurring an obligation,
Obstructive means a Committing Party unlawfully or illegally destroying, falsifying, altering or
Action concealing information or making false statements to materially impede an
investigation into allegations of Prohibited Action, and
Prohibited means any one or more of a Coercive Action, Collusive Action Corrupt Action,
Action Fraudulent Action or Obstructive Action.
Z11.1 A Committing Party may not take any Prohibited Action during the course of the procurement
of this contract or in execution thereof.
Z11.2 The Employer may terminate the Contractor’s obligation to Provide the Services if a
Committing Party has taken such Prohibited Action and the Contractor did not take timely and
appropriate action to prevent or remedy the situation, without limiting any other rights or
remedies the Employer has. It is not required that the Committing Party had to have been
found guilty, in court or in any other similar process, of such Prohibited Action before the
Employer can terminate the Contractor’s obligation to Provide the Services for this reason.
Z11.3 If the Employer terminates the Contractor’s obligation to Provide the Services for this reason,
the amounts due on termination are those intended in core clauses 92.1 and 92.2.
Z11.4 A Committing Party co-operates fully with any investigation pursuant to alleged Prohibited
Action. Where the Employer does not have a contractual bond with the Committing Party, the
Contractor ensures that the Committing Party co-operates fully with an investigation.
Z12 Insurance
Insurance cover 82
82.1 When requested by a Party, the other Party provides certificates from his insurer
or broker stating that the insurances required by this contract are in force.
82.2 The Contractor provides the insurances in the Insurance Table A, from the
starting date until the until the earlier of Completion and the date of the
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ESKOM HOLDINGS SOC Ltd ENQUIRY NUMBER WCPK1235MP
INGULA PUMPED STORAGE SCHEME NON-DESTRUCTIVE EXAMINATION
ON WATERWAY 1/2 AND 3/4 PENSTOCK
termination certificate.
INSURANCE TABLE A
Insurance against Minimum amount of cover
or minimum limit of
indemnity
Loss of or damage caused by the Contractor to The replacement cost where
the Employer’s property not covered by the
Employer’s insurance
82.3 The Employer provides the insurances stated in the Insurance Table B
INSURANCE TABLE B
Insurance against or name Minimum amount of cover or minimum limit
of policy of indemnity
Assets All Risk Per the insurance policy document
Contract Works insurance Per the insurance policy document
Environmental Liability Per the insurance policy document
General and Public Liability Per the insurance policy document
Transportation (Marine) Per the insurance policy document
Motor Fleet and Mobile Plant Per the insurance policy document
Terrorism Per the insurance policy document
Cyber Liability Per the insurance policy document
Nuclear Material Damage and Per the insurance policy document
PART C1: AGREEMENTS AND CONTRACT DATA PAGE 10 C1.2 TSSC3 CONTRACT DATA PART 1
ESKOM HOLDINGS SOC Ltd ENQUIRY NUMBER WCPK1235MP
INGULA PUMPED STORAGE SCHEME NON-DESTRUCTIVE EXAMINATION
ON WATERWAY 1/2 AND 3/4 PENSTOCK
Business Interruption
Nuclear Material Damage Per the insurance policy document
Terrorism
Z13.1 The Employer is the operator of the Koeberg Nuclear Power Station (KNPS), a nuclear installation,
as designated by the National Nuclear Regulator of the Republic of South Africa, and is the holder
of a nuclear licence in respect of the KNPS.
Z13.2 The Employer is solely responsible for and indemnifies the Contractor or any other person against
any and all liabilities which the Contractor or any person may incur arising out of or resulting from
nuclear damage, as defined in Act 47 of 1999, save to the extent that any liabilities are incurred
due to the unlawful intent of the Contractor or any other person or the presence of the Contractor
or that person or any property of the Contractor or such person at or in the KNPS or on the KNPS
site, without the permission of the Employer or of a person acting on behalf of the Employer.
Z13.3 Subject to clause Z13.4 below, the Employer waives all rights of recourse, arising from the
aforesaid, save to the extent that any claims arise or liability is incurred due or attributable to the
unlawful intent of the Contractor or any other person, or the presence of the Contractor or that
person or any property of the Contractor or such person at or in the KNPS or on the KNPS site,
without the permission of the Employer or of a person acting on behalf of the Employer.
Z13.4 The Employer does not waive its rights provided for in section 30 (7) of Act 47 of 1999, or any
replacement section dealing with the same subject matter.
Z13.5 The protection afforded by the provisions hereof shall be in effect until the KNPS is
decommissioned.
Z14 Asbestos
AL means action level, i.e. a level of 50% of the OEL, i.e. 0.1 regulated asbestos fibres
per ml of air measured over a 4 hour period. The value at which proactive actions is
required in order to control asbestos exposure to prevent exceeding the OEL.
Ambient Air means breathable air in area of work with specific reference to breathing zone, which
is defined to be a virtual area within a radius of approximately 30cm from the nose
inlet.
Compliance means compliance sampling used to assess whether or not the personal exposure of
Monitoring workers to regulated asbestos fibres is in compliance with the Standard’s requirements
for safe processing, handling, storing, disposal and phase-out of asbestos and
asbestos containing material, equipment and articles.
Safe Levels means airborne asbestos exposure levels conforming to the Standard’s requirements
for safe processing, handling, storing, disposal and phase-out of asbestos and
PART C1: AGREEMENTS AND CONTRACT DATA PAGE 11 C1.2 TSSC3 CONTRACT DATA PART 1
ESKOM HOLDINGS SOC Ltd ENQUIRY NUMBER WCPK1235MP
INGULA PUMPED STORAGE SCHEME NON-DESTRUCTIVE EXAMINATION
ON WATERWAY 1/2 AND 3/4 PENSTOCK
Standard means the Employer’s Asbestos Standard 32-303: Requirements for Safe Processing,
Handling, Storing, Disposal and Phase-out of Asbestos and Asbestos Containing
Material, Equipment and Articles.
TWA means the average exposure, within a given workplace, to airborne asbestos fibres,
normalised to the baseline of a 4 hour continuous period, also applicable to short term
exposures, i.e. 10-minute TWA.
Z14.1 The Employer ensures that the Ambient Air in the area where the Contractor will Provide the
Services conforms to the acceptable prescribed South African standard for asbestos, as per the
regulations published in GNR 155 of 10 February 2002, under the Occupational Health and Safety
Act, 1993 (Act 85 of 1993) (“Asbestos Regulations”). The OEL for asbestos is 0.2 regulated
asbestos fibres per millilitre of air as a 4-hour TWA, averaged over any continuous period of four
hours, and the short term exposure limit of 0.6 regulated asbestos fibres per millilitre of air as a 10-
minute TWA, averaged over any 10 minutes, measured in accordance with HSG248 and
monitored according to HSG173 and OESSM.
Z14.2 Upon written request by the Contractor, the Employer certifies that these conditions prevail. All
measurements and reporting are effected by an independent, competent, and certified
occupational hygiene inspection body, i.e. a SANAS accredited and Department of Employment
and Labour approved AAIA. The Contractor may perform Parallel Measurements and related
control measures at the Contractor’s expense. For the purposes of compliance the results
generated from Parallel Measurements are evaluated only against South African statutory limits as
detailed in clause Z14.1. Control measures conform to the requirements stipulated in the AAIA-
approved asbestos work plan.
Z14.3 The Employer manages asbestos and ACM according to the Standard.
Z14.4 In the event that any asbestos is identified while Providing the Services, a risk assessment is
conducted and if so required, with reference to possible exposure to an airborne concentration of
above the AL for asbestos, immediate control measures are implemented and relevant air
monitoring conducted in order to declare the area safe.
Z14.5 The Contractor’s personnel are entitled to stop working and leave the contaminated area forthwith
until such time that the area of concern is declared safe by either Compliance Monitoring or an
AAIA approved control measure intervention, for example, per the emergency asbestos work plan,
if applicable.
Z14.6 The Contractor continues to Provide the Services, without additional control measures presented,
on presentation of Safe Levels. The contractually agreed dates to Provide the Services, including
the Completion Date, are adjusted accordingly. The contractually agreed dates are extended by
the notification periods required by regulations 3 and 21 of the Asbestos Regulations, 2001.
Z14.7 Any removal and disposal of asbestos, asbestos containing materials and waste, is done by a
registered asbestos contractor, instructed by the Employer at the Employer’s expense, and
conducted in line with South African legislation.
PART C1: AGREEMENTS AND CONTRACT DATA PAGE 12 C1.2 TSSC3 CONTRACT DATA PART 1
ESKOM HOLDINGS SOC Ltd ENQUIRY NUMBER WCPK1235MP
INGULA PUMPED STORAGE SCHEME NON-DESTRUCTIVE EXAMINATION
ON WATERWAY 1/2 AND 3/4 PENSTOCK
Address
Tel No.
Fax No.
E-mail address
11.2(4) The Price List is in the document called ‘Price List’ in Part 2 of this
contract.
excluding VAT
excluding VAT
3 Available from Engineering Contract Strategies Tel 011 803 3008, Fax 086 539 1902, or www.ecs.co.za.
PART C1: AGREEMENTS AND CONTRACT DATA PAGE 13 C1.2 TSSC3 CONTRACT DATA PART 2
ESKOM HOLDINGS SOC Ltd ENQUIRY NUMBER WCPK1235MP
INGULA PUMPED STORAGE SCHEME NON-DESTRUCTIVE EXAMINATION
ON WATERWAY 1/2 AND 3/4 PENSTOCK
C2 Pricing Data
C2.1 Pricing assumptions
The Price List is in two parts. Part 1 is for work described in the Service Information not requiring the
Employer to issue a Task Order. Part 2 is for work to be carried out within a stated period of time on a task
by Task basis and instructed by Task Order. The service may comprise work under Part 1 only or Part 2
only or a mix of both.
Entries in the first four columns of Part 1 of the Price List are made either by the Employer or the tenderer.
Entries in the first four columns of Part 2 of the Price List would normally be made by the Employer as the
Party most likely to know the kind of work which will be instructed by the issue of Task Orders. The tenderer
then enters a rate for each item and multiplies it by the Expected quantity to produce the Price to be entered
in the final column.
If the Contractor is to be paid an amount for the item which is not adjusted if the quantity of work in the item
changes, the tenderer enters the amount in the Price column only, the Unit, Expected quantity and Rate
columns being left blank.
If the Contractor is to be paid an amount for the item of work which is the rate for the work multiplied by the
quantity completed, the tenderer enters a rate for each item and multiplies it by the Expected quantity to
produce the Price, to be entered in the final column.
If the Contractor is to be paid a Price for an item proportional to the length of time for which a service is
provided, a unit of time is stated in the Unit column and the expected length of time (as a quantity of the
stated units of time) is stated in the Expected quantity column.
The rates and Prices entered for each item includes for all work and other things necessary to complete the
item.
Part 2
The rates and Prices entered for each item includes for all work and other things necessary to complete the
item.
Background
The Ingula Pumped Storage Scheme (IPSS) plant, situated north-east of Van Reenen’s Pass, consists of 4
units with a generating capacity of 333MW per unit. The plant is part of a water transfer scheme consisting of
an upper and lower dam connected by underground waterways to reversible pump turbines, generating
electricity for supply into the national grid during peak and emergency situations. It was commissioned in
December 2016.
A schematic layout of the steel lined waterways is shown in Figure 1 below. The steel lined low pressure
headrace (LH12 and LH34) starts downstream of the upper dam with a transition reducer (LH12-ST and
LH34- ST) with 6.1 to 5.1m inner diameters. The upper headrace surge riser (SR) is installed in the LH with a
T-piece referred to as the surge riser junction (LH12-RJ and LH34-RJ). Downstream of the SR is where the
high pressure head race (HH12 and HH34) starts. The HH terminates at the bifurcation (BF). Section HH12-
S01 (and HH34-S01) is a section of the HH immediately upstream of the BF which is not encased in
concrete. From the bifurcations the four high pressure penstocks (PU1, PU2, PU3 and PU4) extends up to
the main isolation valve (MIV) at each respective turbine.
The full supply level (FSL), minimum operating level (MOL) and extreme operating level (EOL) of the upper
dam are 1738.6, 1720 and 1740.6 meters above sea level (masl) respectively. The maximum surge level for
transient events in the surge riser was set at 1768masl.
Elevation and chainage length (from the LH reducer) for pertinent points along the waterways is listed in
Table 2 below.
Note that the MIV and spiral casing is positioned downstream of the penstock section PU01.
The Works make provision for Non-Destructive Examinations of the penstock of Waterways 1/2 and 3/4 at
Ingula Pumped Storage Scheme. Ingula Pumped Storage Scheme is located underground.
The estimated total length of each waterway is approximately 3000m per unit.
The steel and concrete portion of the waterway is approximately 1100m and 1900m respectively per unit.
For the purpose of this contract the steel lined sections of Penstock 1/2 and 3/4 will be inspected. This
includes all manholes and two (2) bifurcations.
The estimated of the total length of weldments that needs to be inspected by MT and UT is approximately
1250m per penstock which totals approximately 6000m.
The penstocks, in total, consists of a total of 80 cans. Each can was constructed in an offsite workshop and
contains from 1 to 5 strakes. Depending on the diameter of the can, the strakes will be constructed with one
or two longitudinal welds. The strake-to-strake circumferential welds would also have been done in the offsite
workshop, which are of a better quality than site welds.
The components of the IPSS waterway 1/2 and 3/4 required for NDE and include the following:
• Submit a complete condition assessment report of the waterway systems on completion of the works
as per Task Order.
• Professionally registered (ECSA) persons who will compile and review the final inspection report
shall be included with the Safety Plan.
• The NDE SP through their appointed NDE Level 3 shall prepare and submit the following:
o An NDE Service Provider application letter submitted through the primary appointed NDE SP
Level 3 requesting for Eskom approval. The letter shall have a reference number and include
the following:
▪ A list of all applicable NDE procedures stating the procedure title, number and revision
applicable to all the NDE systems.
▪ A list of all NDE personnel to be used for conducting inspections.
The Contractor provides labour, tools (including special tools), equipment (including special and ancillary
equipment), material and consumables, appropriate Personal Protective Equipment (PPE) necessary to
carry out the service.
The Employer reserves the right to request reserve equipment should there be any doubt as to the efficiency
or capability of the equipment provided.
• The Contractor has the necessary skills to carry out the service as per the service information.
• The Contractor provides an organogram detailing all the positions and individuals responsible for
technical expertise and logistic support.
• Suitably qualified technical backup or support, Quality Assurance and Quality Control personnel are
considered key in the execution process. In this regard, details of the personnel number, qualification
type, level and experience to be provided as part of the organogram.
• The Contractor to provide the skilled personnel.
C3.2.1. Deliverables
The Contractor will be required to submit a report including but not limited to the following items:
C3.2.2. Drawings
2. Specifications
Technical specifications:
SANS 1200 – Series Specifications for Civil Engineering 1986
Work
SANS 10160 - Series 2010
* Available on request
Should there be any revisions and amendments of the Specification documents when the contract is
awarded, the Contractor will be expected to use them.
Nothing in the Specification documents lessens the Contractor obligations as detailed in any other
documents forming part of the Contract.
The Contractor is in all respects responsible for the housing and transporting of employees, and for the
arrangement thereof, and no extension of time due to any delays resulting from this, will be granted.
It is likely that other Contractors will be working in the same area. Employer’s personnel might however from
time to time require limited access to the same area and the Contractor is to be accommodating in such
instances.
The Contractor co-operates with and does not delay, impede or otherwise impair the work of other
Contractors.
3.1.4. Debris
The Contractor removes all spoil material generated by the Works and is disposed of at the municipal
designated dumping site, and the Contractor provides proof or certificate thereof.
3.1.6. Meetings
Meetings shall be held to mutually promote and to pro-actively and jointly manage the administration of the
contract with the objective of minimising the adverse effects of risks and surprises for both Parties.
During execution the Contractor holds a toolbox talk each morning before commencing with the services to
discuss the previous day’s work and to ensure that everyone understands what is required of them.
When required, the Contractor must have a representative at each daily morning meeting during planning
and execution phases.
Regular meetings of a general nature may be convened and chaired by the Employer as follows:
Meetings of a specialist nature may be convened as specified elsewhere in this Service Information or if not
so specified by persons and at times and locations to suit the Parties, the nature and the progress of the
service. Records of these meetings shall be submitted to the Employer by the person convening the meeting
within five days of the meeting.
All meetings shall be recorded using minutes or a register prepared and circulated by the person who
convened the meeting. Such minutes or register shall not be used for the purpose of confirming actions or
instructions under the contract as these shall be done separately by the person identified in the conditions of
contract to carry out such actions or instructions.
Attendees shall have the necessary delegated authority to make decisions in respect of matters discussed at
each meeting.
The Contractor’s Site Supervisor is on site for the entire duration of the services.
The Employer and the Contractor will use the standard TSSC.
• If required, the Contractor is required to provide his own containers to be used as an office or for
storage.
• The Contractor supplies all tools and Equipment for the Works.
Quality management for the Works is under Eskom Supplier Quality Management Specification 240-
105658000 (QM-58).
3.3.1.1 The Contractor shall comply with the health and safety requirements contained in OHS Requirements
and the approved safety file by Eskom. Eskom reserves the right to review the OHS Requirements to
address the Operational risks and the contractor shall comply with the latest OHS Requirements as
amended at no cost for the duration of the contract at Ingula Pumped Storage Scheme.
3.3.1.2 The section 37(2) agreement as stipulated under the OHS Act no 85 of 1993 must be signed by
Contractor and Employer representatives.
3.3.1.3 The Contractor OHS professional must conducts internal audits at planned intervals (for the duration
of the contract at Ingula Pumped Storage Scheme) to monitor compliance to the contractual health and
safety requirements.
3.3.1.4 The Service Manager/Contract Manager must conduct inspections at planned intervals (for the
duration of the contract at Ingula Pumped Storage Scheme) to monitor compliance to the contractual health
and safety and legal requirements.
3.3.1.5 The Contractor may be selected during internal and/or external Peaking Power Station audits to
verify compliance to legal and contractual OHS requirements. The Contract Manager/Service Manager will
communicate this at relevant time periods and the contractor shall avail themselves for this audit.
3.3.1.6 In addition to the requirements of the applicable laws governing the occupational health and safety,
Peaking Power Station OHS requirements particular to the service and the Affected Property for this contract
shall be adhered to for the duration of the contract.
3.3.1.7 The minimum requirements for the Contractor to gain access to Peaking Power Station include the
but not limited to:
• Valid Medical fitness certificate
• Police clearance from SAPS or accredited supplier/service provider linked to SAPS AFIS system not
older than thirty (30) days.
• Identification document (RSA ID or equivalent)
• National Drivers License (applicable to drivers)
• Adherence to the Eskom Life-saving rules 3 and 4, Be Sober and Buckle up
Note: Induction will only be conducted after the above documents have been submitted and accepted by
Eskom.
Note: Monitoring of the above mentioned KPI’s will take place through regular audits and inspection.
On completion of the project/contract, Eskom team (led by the Contract Manager) involved in the project
together with the Contractor shall conduct the final meeting to identify the gaps prior to the contract close out.
Before the final invoice is paid/processed, the Contract Manager shall ensure that the below requirements
are met:
Contractors comply to all National and Local legislation requirements as well as Eskom procedures and
policy. Eskom’s goal is to ensure zero harm to the environment, and to ensure that any possible impact is
mitigated or managed. The Duty of Care and implementation of best practice is critical during operations,
and full communication on environmental issues is required at all times.
Contractor develops and submits a method statement / operational plan for the management of waste
material for acceptance by environmental practitioner prior to project initiation. All processes are subject to
environmental review throughout the contract.
The method statement on waste management will need to include the identification of possible waste
streams, temporary storage and disposal options for each waste type, and contingency plans in the case of
any environmental incident. A Safety Data Sheet must be supplied for all chemical or hazardous / potentially
hazardous material brought onto site. The contractor must ensure that workers have the necessary training
and competency for handling of hazardous substances.
The Contractor’s attention is drawn to the fact that the Power Station is situated in a highly sensitive
environmental area and that any incident that may result in an environmental impact must be brought to the
attention of the Employer’s representative as soon as it is possible. Herbicides and pesticides to be used
must be sent to the environmental department for approval. The site is managed in accordance to an ISO
14001 certified management system, and the contractor is expected to manage all processes in line with
environmentally sound principles, and maintain documented proof of this The Contractor may be selected
during internal and/or external Ingula Pumped Storage Scheme audits to verify compliance to legal and other
requirements. The Contract Manager/Service Manager will communicate this at relevant time periods and
the contractor shall avail themselves for this audit.
The Contractor, in and about the execution of the service, complies with all applicable national, provincial
and Municipal environmental legislation and by laws.
Comply with all environmental legislation of South Africa, including but not limited to:
• National Environmental Management Act 107 of 1998
• National Environmental Management Waste Act 59 of 2008
• National Environmental Management Biodiversity Act 10 of 2004
• National Water Act 36 of 1998
• National Environmental Management Protected Areas Act57 of 2003
• Eskom Waste Standard latest revision
• Waste Management: Norms and standards: Act 59 of 2008 latest revision
Following rules and regulations shall apply on the stations, to promote Eskom’s goal of zero harm to the
environment:
• Respect and care for the natural environment and for each other
• Minimise or mitigate any impacts that may cause harm or pollution to the environment.
• Report immediately an environmental incident requiring action as per Eskom environmental incident
procedure.
• No fires are allowed.
• No poaching of wildlife or plants is allowed.
• Report any illegal activities.
• Drive responsibly.
• Obey speed limits on site
• No indigenous trees may be cut without confirmation from the environmental department
C3.7. Employer’s site entry and security control, permits, and site regulations
Ingula Pumped Storage Scheme is a National Key Point. All persons intending to perform work and/or attend
meetings during this contract period comply with the following:
The Contractor adheres to all Life Saving Rules as specified. The Employer does not permit any passengers
to be transported at the back of any Truck, light domestic vehicle or enclosed light commercial vehicle.
Each person shall sign the site entrance register and this information shall also be collated by the Contractor
for use during the scheduled meetings.
Parking is allowed in the demarcated areas only and should it be required to drive on site, then please
adhere to the following:
• Maximum speed is 60km/h from the boom gate and 40km/h around GCD and Admin offices.
• Obey all road signs
• Damage to Employer’s plant/ property will be for the Contractor’s account.
All Contractor personnel are in possession of Security clearance. Verification records are submitted
as part of the safety file together with ID copies. The Employer reserves the right to refuse entry to all
persons with criminal records.
General access to the station is controlled and it is mandatory that the Contractor adheres to all security
regulation in force during the period of the contract.
The contracting company’s management and its employees will provide the Employer with a clear criminal
record not older than thirty (30) days from a reputable screening company as part of the safety file. If the
principal Contractor appoints a Subcontractor, the same provisions and measures will apply to the
Subcontractor. Only individuals with clear criminal records will be granted access.
The contract is also subject to the condition that the Contractor will implement all such security measures for
the safe performance of the work as required in the scope of the contract.
The contract is subject for termination should the Contractor after award fail to comply with the criminal
screening process requirements and/or should critical staff identified as part of the contract, fail the
screening requirements, the Contractor will be denied access to property affected by the service.
The process shall be repeated every 12 months for the duration of the contract.
In terms of core clause 50 the Contractor assesses the amount due and applies to the Employer for
payment. The Contractor applies for payment with a tax invoice addressed to the Employer as follows:
The Contractor attaches the detail assessment of all work done for each item in the Price List to each tax
invoice showing
• the Price for each lump sum item in the Price List or Task Order which the Contractor has completed
and
• where a quantity is stated for an item in the Price List or Task Order, an amount calculated by
multiplying the quantity which the Contractor has completed by the rate.
invoiceseskomlocal@eskom.co.za
Clear records of hours worked or time sheets in respect of all time charges shall be kept by the Contractor
and shall indicate the resource utilised, location, duration, and times, associated expenses incurred, and a
summary of the services rendered which shall be cross-referenced to deliverables rendered. The Employer
shall review all time sheets.
• SHE related
• Labour costs
• Transport
• Accommodation
• Living out
• Materials and consumables
• Equipment
The Contractor maintains records of all documentation and shall be provided to the Employer in electronic
format and hard copy.
Contractor to ensure the Employer has an updated valid certified copy of BBBEE certificate or sworn
affidavit during contract period. Failure to do so, could result in Eskom Vendor Management Department
blocking vendor details on Eskom vendor management system which affects processing of invoices.
All work will be done in terms of Task Orders as per Clause 14.6 of TSSC3.
The Contractor’s submits the Task Order programme in a bar (Gantt) chart program in MS Project format as
well as PDF format.
The programme needs to be updated on a daily basis on Primavera and be presented to the Employer by
each Friday of each week during the execution.
An Early Warning must be tabled every time the updated schedule indicates lateness of any activities on the
critical path.
The Contractor pays delay damages of 2% of Task Order value per week if the Contractor fails to complete
the Task as per accepted Task Order programme and the delay damages are capped at 10% of the Task
Order value.
Ablution facilities
• The Contractor is permitted to use the existing ablution facilities .
• in designated areas which may not be at the waterways. No relieving
in the tunnels are allowed.
An area in which the contractor may erect its offices, workshop, stores and other
facilities, which it requires for the purposes of the contract, will be identified and
pointed out during Kick off meeting If, the contractor finds the area unsuitable for his
requirements, he shall, at his own cost, be responsible for locating and making all
arrangements necessary in securing an area suitable to meet his needs.
Security to the Contractors storage or site yard is the responsibility of the Contractor.
The Contractor provides everything else necessary for Providing the Service.
Task Order
Task Order form for use when work within the service is instructed to be carried out within a stated
period of time on a Task by Task basis
(for Employer)
(for Contractor)
I accept the above price and programme and instruct you to carry out the Task
Signed: Date:
(for Employer)