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ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________PROVISION OF GROUND AND SURFACE WATERMONITORING SERVICES AT THE MEDUPI POWER STATION PROJECT

NEC3 Term Service Contract (TSC3)

Between ESKOM HOLDINGS SOC Ltd (Reg No. 2002/015527/30)

and TBA(Reg No. ___________ )

for For Provision of Ground and Surface Water Quality Monitoring Services for Medupi Power Station Project

Contents: No of pages

Part C1 Agreements & Contract Data [●]

Part C2 Pricing Data [●]

Part C3 Scope of Work [●]

CONTRACT No. TBA

PART C2: PRICING DATA PAGE 1 C2 TSC3 COVER


PART C1: AGREEMENTS & CONTRACT DATA

Contents: No of pages

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 [●]



C1.1 Form of Offer & AcceptanceOffer

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

Title of the Contract

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.

Delete the row for the Options which do not applyOptions A or C

The offered total of the Prices exclusive of VAT is R [●]

Option E The first forecast of the total Defined Cost plus the Fee exclusive of VAT is

R [●]

Sub total 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:

Name & signature of witness

(Insert name and address of organisation)

Date

Tenderer’s CIDB registration number:

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.



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: Service 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 and signed original copy of this document, including the Schedule of Deviations (if any).

Signature(s)

Name(s)

Capacity

for the Employer



Date

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



Schedule of Deviations to be completed by the Employer prior to contract awardNote:

1. This part of the Offer & Acceptance would not be required if the contract has been developed by negotiation between the Parties and is not the result of a process of competitive tendering.

2. The extent of deviations from the tender documents issued by the Employer prior to the tender closing date is limited to those permitted in terms of the Conditions of Tender.

3. A tenderer’s covering letter must not be included in the final contract document. Should any matter in such letter, which constitutes a deviation as aforesaid be the subject of agreement reached during the process of Offer and Acceptance, the outcome of such agreement shall be recorded here and the final draft of the contract documents shall be revised to incorporate the effect of it.

No. Subject Details

1 [●] [●]

2 [●] [●]

3 [●] [●]

4 [●] [●]

5 [●] [●]

6 [●] [●]

7 [●] [●]

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

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

For the tenderer: For the Employer

Signature

Name

Capacity

On behalf of

(Insert name and address of organisation) (Insert name and address of organisation)


Date



C1.1 Form of Offer & AcceptanceOffer

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

Title of the Contract

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.

Delete the row for the Options which do not applyOptions A or C

The offered total of the Prices exclusive of VAT is R

Option E The first forecast of the total Defined Cost plus the Fee exclusive of VAT is

R

Sub total R

Value Added Tax @ 14% is R

The offered total of the amount due inclusive of VAT is2 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:



Date

Tenderer’s CIDB registration number:

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



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: Service 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 and signed original copy of this document, including the Schedule of Deviations (if any).

Signature(s)

Name(s)

Capacity

for the Employer



Date

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



Schedule of Deviations to be completed by the Employer prior to contract awardNote:

1. This part of the Offer & Acceptance would not be required if the contract has been developed by negotiation between the Parties and is not the result of a process of competitive tendering.

2. The extent of deviations from the tender documents issued by the Employer prior to the tender closing date is limited to those permitted in terms of the Conditions of Tender.

3. A tenderer’s covering letter must not be included in the final contract document. Should any matter in such letter, which constitutes a deviation as aforesaid be the subject of agreement reached during the process of Offer and Acceptance, the outcome of such agreement shall be recorded here and the final draft of the contract documents shall be revised to incorporate the effect of it.

No. Subject Details

1 [●] [●]

2 [●] [●]

3 [●] [●]

4 [●] [●]

5 [●] [●]

6 [●] [●]

7 [●] [●]

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

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

For the tenderer: For the Employer

Signature

Name

Capacity

On behalf of

(Insert name and address of organisation) (Insert name and address of organisation)


Date



C1.2 Contract DataPart two - Data provided by the Contractor

[Instructions to the contract compiler: (delete this notes before issue to tenderers with an enquiry)Whenever a cell is shaded in the left hand column it denotes this data is optional and would be required in relation to the option selected. In the event that the option is not required select and delete the whole row.]

Notes to a tendering contractor:

1. Please read both the both the NEC3 Term Service Contract April 2013 and the relevant parts of its Guidance Notes (TSC3-GN)3 in order to understand the implications of this Data which the tenderer is required to complete.

2. The number of the clause which requires the data is shown in the left hand column for each statement however other clauses may also use the same data.

3. Where a form field like this [ ] appears, data is required to be inserted relevant to the option selected. Click on the form field once and type in the data. Otherwise complete by hand and in ink.

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

Clause Statement Data10.1 The Contractor is (Name):

Address

Tel No.

Fax No.

11.2(8) The direct fee percentage is %

The subcontracted fee percentage is %

11.2(14) The following matters will be included in the Risk Register

11.2(15) The Service Information for the Contractor’s plan is in:

21.1 The plan identified in the Contract Data is contained in:

24.1 The key people are:

1 Name:

Job:

Responsibilities:

Qualifications:

Experience:

2 Name:

Job

3 Available from Engineering Contract Strategies Tel 011 803 3008 Fax 086 5391902 or www.ecs.co.za


http://www.ecs.co.za/


Responsibilities:

Qualifications:

Experience:

CV's (and further key person's data including CVs) are in .

A Priced contract with price list

11.2(12) The price list is in

11.2(19) The tendered total of the Prices is R

C Target contract with price list


11.2(20) The tendered total of the Prices is R

E Cost reimbursable contract




C1.3 Forms of Securities

Pro formas for Bonds & Guarantees

For use with the NEC3 Term Service Contract (TSC3)

[Note to contract compiler:Once it has been decided which securities are required for this contract delete from this file the ones not required, revise the notes below accordingly and delete this note.]

The conditions of contract stated in the Contract Data Part 1 include the following Secondary Options:

Option X4: Parent company guaranteeOption X13: Performance Bond

Each of these secondary Options requires a bond or guarantee “in the form set out in the Service Information”. Pro forma documents for these bonds and guarantees are provided here for convenience but are to be treated as part of the Service Information.

The Contractor shall guarantee his ASGI-SA Obligations by providing the Employer with an ASGI-SA Guarantee in the form provided here.

[Note to contract compiler: If there are no ASGI-SA Obligations in this contract, delete the above statement and the ASGI_SA bond]

The organisation providing the bond / guarantee does so by copying the pro forma document onto his letterhead without any change to the text or format and completing the required details. The completed document is then given to the Employer within the time stated in the contract.



Pro forma Parent Company Guarantee (for use with Option X4)(to be reproduced exactly as shown below on the letterhead of the Contractor’s Parent Company)

Eskom Holdings SOC LtdMegawatt ParkMaxwell DriveSandtonJohannesburg Date:

Dear Sirs,

Parent Company Guarantee for Contract No

With reference to the above numbered contract made or to be made between

Eskom Holdings SOC Ltd (the Employer) and

{Insert registered name and address of the Contractor}(the Contractor), for

{Insert details of the works from the Contract Data} (the works).

I/We the undersigned

on behalf of the Contractor’s parent company

of physical address

and duly authorised thereto do hereby unconditionally guarantee to the Employer that the Contractor shall Provide the Service in accordance with the above numbered Contract.

1. If for any reason the Contractor fails to Provide the Service, we hereby agree to cause to Provide the Service at no additional cost to the Employer.

2. If we fail to comply with the terms of this Deed of Guarantee, the Employer may itself procure such performance (whether or not the Agreement be formally determined). The Employer is to notify us and we shall indemnify the Employer for any additional cost or expense it incurs.

3. Our liability shall be as primary obligor and not merely as surety and shall not be impaired or discharged by reason of any arrangement or change in relationship made between the Contractor and the Employer and/or between us and Contractor; nor any alteration in the obligations undertaken by the Contractor or in the terms of the Agreement; nor any indulgence, failure, delay by you as to any matter; nor any dissolution or liquidation or such other analogous event of the Contractor.

4. The Employer shall not be obliged before taking steps to enforce the terms of this Deed of Guarantee to obtain judgement against the Contractor in any court or other tribunal, to make or file any claim in liquidation (or analogous proceedings) or to seek any remedy or proceed first against the Contractor.

5. This Deed of Guarantee shall be governed by and construed in accordance with the laws of the Republic of South Africa and we hereby submit to the non-exclusive jurisdiction of the High Court of South Africa.



Signed at on this day of 200_

Signature(s)

Name(s) (printed)

Position in parent company

Signature of Witness(s)

Name(s) (printed)



Pro forma Performance Bond – Demand Guarantee (for use with Option X13)(to be reproduced exactly as shown below on the letterhead of the Bank providing the Guarantee)

Eskom Holdings SOC LtdMegawatt ParkMaxwell DriveSandtonJohannesburg

Reference No.

Date:

[●] [Drafting Note: Bank reference number to be inserted]

Dear Sirs

Performance Bond – Demand Guarantee: [Drafting Note: Name of Contractor to be inserted]

Project [ ] Contract Reference: …… [Drafting Note: Contractor contract reference number to be inserted]

1. In this Guarantee the following words and expressions shall have the following meanings:-

1.1 “Bank” - means [●], [●] Branch, (Registration No. [●]); [Drafting Note: Name of Bank to be inserted]

1.2 “Bank’s Address” - means [●]; [Drafting Note: Bank’s physical address to be inserted]

1.3 “Contract” – means the written agreement relating to the Services, entered into between Eskom and the Contractor, on or about the [●] day of [●] 200[●] (Contract Reference No. [.] as amended, varied, restated, novated or substituted from time to time; [Drafting Note: Signature Date and Contract reference number to be inserted]

1.4 “Contractor” – means [●] a company registered in accordance with the laws of [●] under Registration Number [●]. [Drafting Note: Name and details of Contractor to be inserted]

1.5 “Eskom” - means Eskom Holdings SOC Ltd, a company registered in accordance with the laws of the Republic of South Africa under Registration Number 2002/015527/30].

1.6 “Expiry Date” - means the earlier of

the date that the Bank receives a notice from Eskom stating that all amounts due from the Contractor as certified in terms of the contract have been received by Eskom and that the Contractor has fulfilled all his obligations under the Contract, or

the date that the Bank issues a replacement Bond for such lesser or higher amount as may be required by Eskom

1.7 “Guaranteed Sum” - means the sum of R [●] ([●] Rand);

1.8 “Services” - means [insert as applicable.].

2. At the instance of the Contractor, we the undersigned ______________ and ______________, in our respective capacities as _____________ and ___________ of the Bank, and duly authorized thereto, confirm that we hold the Guaranteed Sum at the disposal of Eskom, as security for the proper performance by the Contractor of all of its obligations in terms of and arising from the Contract and hereby undertake to pay to Eskom, on written demand from Eskom received prior to the Expiry Date, any sum or sums not exceeding in total the Guaranteed Sum.

3. A demand for payment under this guarantee shall be made in writing at the Bank’s address and shall:

3.1 be signed on behalf of Eskom by a Group Executive, Divisional Executive, Senior General Manager or its delegate;



3.2 state the amount claimed (“the Demand Amount’);

3.3 state that the Demand Amount is payable to Eskom in the circumstances contemplated in the Contract.

4. Notwithstanding the reference herein to the Contract the liability of the Bank in terms hereof is as principal and not as surety and the Bank’s obligation/s to make payment:

4.1 is and shall be absolute provided demand is made in terms of this bond in all circumstances; and

4.2 is not, and shall not be construed to be, accessory or collateral on any basis whatsoever.

5. The Bank’s obligations in terms of this Guarantee:

5.1 shall be restricted to the payment of money only and shall be limited to the maximum of the Guaranteed Sum; and

5.2 shall not be discharged and compliance with any demand for payment received by the Bank in terms hereof shall not be delayed, by the fact that a dispute may exist between Eskom and the Contractor.

6. Eskom shall be entitled to arrange its affairs with the Contractor in any manner which it sees fit, without advising us and without affecting our liability under this Guarantee. This includes, without limitation, any extensions, indulgences, release or compromise granted to the Contractor or any variation under or to the Contract.

7. Should Eskom cede its rights against the Contractor to a third party where such cession is permitted under the Contract, then Eskom shall be entitled to cede to such third party the rights of Eskom under this Guarantee on written notification to the Bank of such cession.

8. This Guarantee:

8.1 shall expire on the Expiry Date until which time it is irrevocable;

8.2 is, save as provided for in 7 above, personal to Eskom and is neither negotiable nor transferable;

8.3 shall be returned to the Bank upon the earlier of payment of the full Guaranteed Sum or expiry hereof;

8.4 shall be regarded as a liquid document for the purpose of obtaining a court order; and

8.5 shall be governed by and construed in accordance with the law of the Republic of South Africa and shall be subject to the jurisdiction of the Courts of the Republic of South Africa.

8.6 Any claim which arises or demand for payment received after expiry date will be invalid and unenforceable.

9. The Bank chooses domicilium citandi et executandi for all purposes in connection with this Guarantee at the Bank’s Address.

Signed at _____________________ Date ____________________________

For and behalf of the Bank

Bank Signatory: ___________________ Bank Signatory: ___________________



Witness: ________________________ Witness: _________________________Bank’s seal or stamp



Pro forma ASGI-SA Guarantee(to be reproduced exactly as shown below on the letterhead of the Bank providing the Guarantee)

Eskom Holdings SOC LtdMegawatt ParkMaxwell DriveSandtonJohannesburg

Reference No

Date:

[●] [Drafting Note: Bank reference number to be inserted]

Dear Sirs

Pro-Forma ASGI-SA Guarantee: [Drafting Note: Name of Contractor to be inserted]

Project [ ] Contract Reference: [●] [Drafting Note: Contractor contract reference number to be inserted]

1. In this Guarantee the following words and expressions shall have the following meanings:-

1.1 “Bank” - means [●], [●] Branch, (Registration No. [●]); [Drafting Note: Name of Bank to be inserted]

1.2 “Bank’s Address” - means [●]; [Drafting Note: Bank’s physical address to be inserted]

1.3 “Contract” – means the written agreement relating to the Project, entered into between the Employer and the Contractor, on or about the [●] day of [●] 200[●] (Contract Reference No. [●] as amended, varied, restated, novated or substituted from time to time; [Drafting Note: Signature Date and Contract reference number to be inserted]

1.4 “Contractor” – means [●] a company registered in accordance with the laws of [●] under Registration Number [●]. [Drafting Note: Name and details of Contractor to be inserted]

1.5 “Contractor’s ASGI-SA Obligations” – means the Contractor’s ASGI-SA Obligations under and as defined in the Contract.

1.6 “Employer” - means Eskom Holdings SOC Ltd, a company registered in accordance with the laws of the Republic of South Africa under Registration Number 2002/015527/30.

1.7 “Expiry Date” - means the [●] day of [●] 200[●]; [Drafting Note: anticipated date of issue of ASGI-SA Performance Certificate to be inserted.]

1.8 “Guaranteed Sum” - means the sum of R [●] ([●] Rand);

1.9 “Project” – means the …………………………

2. At the instance of the Contractor, we the undersigned ______________ and ______________, in our respective capacities as _____________ and ___________ of the Bank, and duly authorized thereto, confirm that we hold the Guaranteed Sum at the disposal of the Employer, as security for the proper performance by the Contractor of the Contractor’s ASGI-SA Obligations and hereby undertake to pay to the Employer, on written demand from the Employer received prior to the Expiry Date, any sum or sums not exceeding in total the Guaranteed Sum.

3. A demand for payment under this guarantee shall be made in writing at the Bank’s address and shall:

3.1 state the amount claimed (“the Demand Amount’);

3.2 state that the Demand Amount is payable to the Employer in the circumstances contemplated in the Contract.



4. Notwithstanding the reference herein to the Contract the liability of the Bank in terms hereof is as principal and not as surety and the Bank’s obligation/s to make payment:

4.1 is and shall be absolute provided demand is made in terms of this bond in all circumstances; and

4.2 is not, and shall not be construed to be, accessory or collateral on any basis whatsoever.

5. The Bank’s obligations in terms of this Guarantee:

5.1 shall be restricted to the payment of money only and shall be limited to the maximum of the Guaranteed Sum; and

5.2 shall not be discharged and compliance with any demand for payment received by the Bank in terms hereof shall not be delayed, by the fact that a dispute may exist between the Employer and the Contractor.

6. The Employer shall be entitled to arrange its affairs with the Contractor in any manner which it sees fit, without advising us and without affecting our liability under this Guarantee. This includes, without limitation, any extensions, indulgences, release or compromise granted to the Contractor or any variation under or to the Contract.

7. Should the Employer cede its rights against the Contractor to a third party where such cession is permitted under the Contract, then the Employer shall be entitled to cede to such third party the rights of the Employer under this Guarantee on written notification to the Bank of such cession.

8. This Guarantee:

8.1 shall expire on the Expiry Date until which time it is irrevocable;

8.2 is, save as provided for in 7 above, personal to the Employer and is neither negotiable nor transferable;

8.3 shall be returned to the Bank upon the earlier of payment of the full Guaranteed Sum or expiry hereof;

8.4 shall be regarded as a liquid document for the purpose of obtaining a court order; and

8.5 shall be governed by and construed in accordance with the law of the Republic of South Africa and shall be subject to the jurisdiction of the courts of the Republic of South Africa.

8.6 Any claim which arises or demand for payment received after expiry date will be invalid and

unenforceable.

9. The Bank chooses domicilium citandi et executandi for all purposes in connection with this Guarantee at the Bank’s Address.

Signed at _____________________ Date ____________________________

For and behalf of the Bank

Bank Signatory: ___________________ Bank Signatory: ___________________

Witness: ________________________ Witness: _________________________Bank’s seal or stamp



PART 2: PRICING DATATSC3 Option A

Document reference

Title No of pages

C2.1 Pricing assumptions: Option A 2

C2.2 The price list [●]



C2.1 Pricing assumptions: Option A

How work is priced and assessed for payment

Clause 11 in NEC3 Term Service Contract (TSC3) core clauses and Option A states:

Identified and defined terms

1111.2 (12) The Price List is the price list unless later changed in accordance with this

contract.

(17) The Price for Services Provided to Date is the total of

the Price for each lump sum item in the Price List which the Contractor has completed and

where a quantity is stated for an item in the Price List, an amount calculated by multiplying the quantity which the Contractor has completed by the rate.

(19) The Prices are the amounts stated in the Price column of the Price List. Where a quantity is stated for an item in the Price List, the Price is calculated by multiplying the quantity by the rate.

This confirms that Option A is a priced contract where the Prices are derived from a list of items of service which can be priced as lump sums or as expected quantities of service multiplied by a rate or a mix of both.

Function of the Price List

Clause 54.1 in Option A states: “Information in the Price List is not Service Information”. This confirms that instructions to do work or how it is to be done are not included in the Price List but in the Service Information. This is further confirmed by Clause 20.1 which states, “The Contractor Provides the Service in accordance with the Service Information”. Hence the Contractor does not Provide the Service in accordance with the Price List. The Price List is only a pricing document.

Link to the Contractor’s plan

Clause 21.4 states “The Contractor provides information which shows how each item description on the Price List relates to the operations on each plan which he submits for acceptance”. Hence when compiling the price list, the tendering contractor needs to develop his first clause 21.2 plan in such a way that operations shown on it can be priced in the price list and result in a satisfactory cash flow in terms of clause 11.2(17).

Preparing the price list

Before preparing the price list, both the Employer and tendering contractors should read the TSC3 Guidance Notes pages 14 and 15. In an Option A contract, either Party may have entered items into the price list either as a process of offer and acceptance (tendering) or by negotiation depending on the nature of the service to be provided. Alternatively 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 the price list to be prepared and priced by him.

PART C2: PRICING DATA PAGE 1 C2.1 TSC3/A PRICING ASSUMPTIONS


It is assumed that in preparing or finalising the price list the Contractor:

Has taken account of the guidance given in the TSC3 Guidance Notes relevant to Option A; Understands the function of the Price List and how work is priced and paid for; Is aware of the need to link operations shown in his plan to items shown in the Price List; Has listed and priced items in the price list which are inclusive of everything necessary and

incidental to Providing the Service in accordance with the Service 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 item within the Prices or rates of other listed items in order to fulfil the obligation to complete the service for the tendered total of the Prices.

Understands there is no adjustment to items priced as lump sums if the amount, or quantity, of work within that item later turns out to be different to that which the Contractor estimated at time of tender. The only basis for a change to the (lump sum) Prices is as a result of a compensation event.

Format of the price list(From the example given in an Appendix within the TSC3 Guidance Notes)

Entries in the first four columns in the price list in section C2.2 are made either by the Employer or the tendering contractor.

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 tendering contractor 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 an item of work which is the rate for the work multiplied by the quantity completed, the tendering contractor enters the rate which is then multiplied by the Expected Quantity to produce the Price, which is also entered.

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.

PART C2: PRICING DATA PAGE 2 C2.1 TSC3/A PRICING ASSUMPTIONS

ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER _____________PROJECT AND CONTRACT TITLE

C2.2 the price list

Please refer to Annexure A: BOQ for the Price List.

PART C3: SCOPE OF WORK 1 C3 TSC3 COVER PAGE

ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER _____________PROJECT AND CONTRACT TITLE

PART 3: SCOPE OF WORK

Document reference

Title No of pages

This cover page 1

C3.1 Employer’s Service Information

C3.2 Contractor’s Service Information

Total number of pages

PART C3: SCOPE OF WORK 2 C3 TSC3 COVER PAGE

C3.1: EMPLOYER’S SERVICE INFORMATION

Contents

When the document is complete, insert a ‘Table of Contents’. To do this go to: Insert, → Reference, → Index and tables → Table of Contents. Three levels and the title (but not the subtitle) may be shown if the formats used in this template are retained.

Otherwise insert list of contents manually.

Part 3: Scope of Work 1C3.1: Employer’s service Information 21 Description of the service 4

1.1 Executive overview........................................................................................................................... 41.2 Employer’s requirements for the service...........................................................................................41.3 Interpretation and terminology..........................................................................................................4

2 Management strategy and start up. 52.1 The Contractor’s plan for the service................................................................................................52.2 Management meetings..................................................................................................................... 52.3 Contractor’s management, supervision and key people...................................................................62.4 Provision of bonds and guarantees...................................................................................................62.5 Documentation control...................................................................................................................... 62.6 Invoicing and payment...................................................................................................................... 62.7 Contract change management..........................................................................................................62.8 Records of Defined Cost to be kept by the Contractor......................................................................72.9 Insurance provided by the Employer.................................................................................................72.10 Training workshops and technology transfer....................................................................................72.11 Design and supply of Equipment......................................................................................................72.12 Things provided at the end of the service period for the Employer’s use..........................................7

2.12.1 Equipment 72.12.2 Information and other things 7

2.13 Management of work done by Task Order........................................................................................83 Health and safety, the environment and quality assurance 9

3.1 Health and safety risk management..................................................................................................93.2 Environmental constraints and management....................................................................................93.3 Quality assurance requirements.......................................................................................................9

4 Procurement 104.1 People............................................................................................................................................. 10

4.1.1 Minimum requirements of people employed 104.1.2 BBBEE and preferencing scheme 104.1.3 Accelerated Shared Growth Initiative – South Africa (ASGI-SA) 10

4.2 Subcontracting................................................................................................................................ 104.2.1 Preferred subcontractors 104.2.2 Subcontract documentation, and assessment of subcontract tenders 104.2.3 Limitations on subcontracting 114.2.4 Attendance on subcontractors 11

4.3 Plant and Materials......................................................................................................................... 114.3.1 Specifications 114.3.2 Correction of defects 114.3.3 Contractor’s procurement of Plant and Materials 114.3.4 Tests and inspections before delivery 114.3.5 Plant & Materials provided “free issue” by the Employer 12

5 Working on the Affected Property 135.1 Employer’s site entry and security control, permits, and site regulations........................................135.2 People restrictions, hours of work, conduct and records.................................................................13

ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER _________PROVISION OF GROUND AND SURFACE WATER MONITORING SERVICES AT THE MEDUPI POWER STATION PROJECT

5.3 Health and safety facilities on the Affected Property.......................................................................135.4 Environmental controls, fauna & flora.............................................................................................135.5 Cooperating with and obtaining acceptance of Others....................................................................135.6 Records of Contractor’s Equipment................................................................................................135.7 Equipment provided by the Employer.............................................................................................145.8 Site services and facilities...............................................................................................................14

5.8.1 Provided by the Employer 145.8.2 Provided by the Contractor 14

5.9 Control of noise, dust, water and waste..........................................................................................145.10 Hook ups to existing works.............................................................................................................145.11 Tests and inspections..................................................................................................................... 14

5.11.1 Description of tests and inspections 145.11.2 Materials facilities and samples for tests and inspections 14

6 List of drawings 156.1 Drawings issued by the Employer...................................................................................................15

CONTRACT - IV - TSC3 COVER PAGES


1 Description of the service

1.1 Executive overview The water quality monitoring (drinking, surface and ground water) is required to ensure that the Project complies with South African legislation and issued Environmental Authorisations, Permits and Licenses.

The requirements set in legal and other requirements are to ensure that the project water quality is safe for use in the plant, drinking purpose as well as detection for contaminated water which can pollute the environment

Sampling, analysing and reporting on analysis results for: Drinking (Potable) Water Surface (Storm) Water Process Water Ground Water

Conduct additional studies and reporting: Hydrocensus study Flood line and Wetland determination study Waste classification and reporting

1.2 Employer’s requirements for the service

a) Drinking (Potable) Water Monitoring

The scope entails sampling and testing potable water quality on a monthly basis at a maximum of twenty three (23) representative potable water localities i.e. across the Medupi site (20), Eskom Housing (3). An example is listed in Table 1. These points may be changed depending on the construction activities on site. Ad hoc sampling will also be required in emergency situations. Drinking water samples will be analysed and results compared with Eskom chemistry standard for potable water 36-704 and SANS 241:2015.

Following the analysis, data should be submitted to the employer as soon as it is released by the lab and a monthly detailed report must be submitted to the employer within 14 days from sampling date. The service provider must also compile an annual report detailing trends and recommendations for improvements. In case of emergencies the contract should allow extra 20 samples during contract period and analysis should be done as indicated above.

Table 1: Potable water sampling register

SAMPLING REGISTER: MONTHLY PROJECT NAME Medupi Potable Water

Medupi Potable Water

Locality DescriptionCoordinates

Latitude Longitude Parameters

Drinking water EMP 01 H-Block (North) Kitchen Tap S23.70739 E27.56862 1. Monthly

Parameters2. pH3. Color4. Turbidity5. Conductivity (EC)6. Total Dissolved

solids(TDS)

EMP 02Roshcon CID Off ices Garden Tap S23.69932 E27.56725

EMP 03 Security Off ice Gate 01 S23.69611 E27.57254 EMP 04 Alstom Off ices Kitchen Tap S23.69638 E27.56329 EMP 05 MPSJV Batch Plant Outside Tap -

Onverwacht S23.70002 E27.55474

CONTRACT - V - TSC3 COVER PAGES


7. Total hardness8. Total Alkalinity 9. Magnesium

hardness10. M-alkalinity11. Calcium (Ca)12. Magnesium (Mg)13. Sodium (Na)14. Potassium (K)15. Chloride (Cl)16. Sulphate (SO4)17. Iron (Fe)18. Fluoride (F)19. Nitrate NO3 (as N)20. Nitrite NO2 (as N)21. Ammonium (NH4)22. Ortho-

Phosphate(PO4)23. Ecoli, 24. Total coliform25. Free Chlorine 26. Sodium Adsorption

Ratio (SAR) 27. Total Organic

Carbon(TOC)

EMP 06 Hitachi Main Offices Jo-Jo tank S23.70520 E27.55639 EMP 07 Unit 1 and 2 off ices S23.70201 E27.56510 EMP 08 Unit 3 Off ices S23.70373 E27.56628 EMP 09 Unit 5 off ices S23.70526 E27.56722 EMP 10 Dining Hall 1 Kitchen tap S23.70434 E27.56649 EMP 11 ELB Off ice S23.69954 E27.55226 EMP 12 Roshcon WEB Kitchen tap S23.70195 E27.54645 EMP 13 Dining Hall 3 Kitchen tap S23.70038 E27.56484 EMP 14 Excess coal stock yard office S23.70938 E27.50858

EMP 15LPS Main Off ice Kitchen Tap - Ellisras

S23.70667 E27.57056

EMP 16 Security Off ice Gate 2 S23.69465 E27.56900 EMP 17 Unit 6 – 16M level kitchen tap S23.70377 E27.56552 EMP 18 Loading bay unit 4 - JoJo Tank S23.70584 E27.56175

EMP 19Thysenkrupp Main Offices Garden Tap

S23.70384 E27.54664

EMP 20Grinaker - LTA Main Offices Kitchen Tap

S23.70058 E27.55131

EMP 21 Marapong Housing S23.70890 E27.56760 EMP 22 Eskom Facility Section 30 S23.68478 E27.70384

EMP 23Unit 4 Off ices S23.70287 E27.56565

6 Monthly Parameters/Analyse only upon request EMP 01 H-Block (North) Kitchen Tap S23.70739 E27.56862 6 Monthly

Parameters/Analyse only upon request

Aluminium (Al)Manganese (Mn)Cadmium (Cd)Lead (Pb)Copper (Cu)Total Chromium (Cr)Zinc (Zn)Mercury (Hg)Boron (B)Cobalt (Co)Nickel (Ni)CholeraAlgaePhenolsTrihalomethane -THMCyanide (Cn)Arsenic (As)Selenium (Se)Vanadium (V)Uranium (U)Antimony (Sb)

EMP 21

Marapong Housing S23.70890 E27.56760

b) Surface (Storm) Water Monitoring

CONTRACT - VI - TSC3 COVER PAGES


The scope entails sampling and testing storm water on a weekly and monthly basis at eighteen (18) localities, i.e all pollution control dams (15) and raw water dam (2) and water pan (1). Surface water samples must be analysed and results compared to parameters listed in annexure IV Table 2 and annexure V Table 3 and Table 4, of Medupi Water Use Licence (WUL) No 01/A42J/4055 as well as General Authorisation in terms of section 39 of the Nation Water Act (Act No 36 of 1998).

A weekly data report, monthly (consolidated with weekly data) and annual detailed report must be compiled and submitted to the employer. All results must be compared with WUL limits.

Monitoring should be conducted as specified in Table 2 below.

In case of emergencies the contract should allow extra 30 samples during contract period and testing should be done as indicated above.

Table 2: Surface water sampling register

SAMPLING REGISTER: MONTHLY/WEEKLY PROJECT NAME Medupi Surface Water

Medupi Surface Water Localit

yDescription

CoordinatesLatitude Longitude Frequency Parameters

Surface water

PDC1 Ash dump -Pollution control dam (D1)

23.712753 27.524185 Weekly 1. WUL Table 2, 3 & 4

2. ph3. Conductivity (EC)4. Total Dissolved

Solids(TDS)5. Chloride (Cl) 6. Sulphate (SO4) 7. Sodium (Na) 8. Calcium (Ca) 9. Fluoride (F) 10. Iron (Fe)11. Nitrate NO3 (as

N)12. Nitrite NO2 (as N)13. EColi 14. Faecal Coliforms

(FCU)15. Soap Oil and

Grease (SOG) 16. Magnesium (Mg)17. Manganese (Mn) 18. Aluminum (Al)19. Chromium (Cr)20. Free Ammonia21. Phosphate (P)

Analyse only upon request (Allow for 18 samples throughout contract period)1. Total hardness2. Total Alkalinity3. Potassium (K)4. Ammonium(NH4)

PDC2 Ash dump -Pollution control dam (D2)

23.712753 27.524185 Weekly

PDC2b Ash dump -Pollution control dam (D2b)

23.712753 27.524185 Weekly

PDC3 Ash dump -Pollution control dam (D3)Not yet constructed

23.712753 27.524185 Weekly

PDC3b Ash dump -Pollution control dam (D3b)Not yet constructed

23.712753 27.524185 Weekly

PDC4 Excess coal stockyard - Pollution control dam (D4)

23.712753 27.524185 Weekly

PDC5 Excess coal stockyard - Pollution control dam (D5)

23.712753 27.524185 Weekly

PDC6 Excess coal stockyard - Pollution control dam (D6)Not yet constructed

TBC TBC Weekly

PDC7 Excess coal stockyard - Pollution control dam (D7)Not yet constructed

TBC TBC Weekly

CSY-PCD

Coal Stock Yard -Pollution control dam

23.712753 27.524185 Weekly

DWD Dirty Stormwater Dam 23.712753 27.524185 Weekly CWD Clean Stormwater Dam 23.712753 27.524185 Weekly SB-DWD Stilling basin- Dirty Stormwater

DamTBC TBC Weekly

SB-CWD Stilling basin- Clean Stormwater Dam

TBC TBC Weekly

CONTRACT - VII - TSC3 COVER PAGES


5. Ortho-Phosphate(PO4)

6. Cobalt (Co)7. Copper (Cu)8. Nickel (Ni) 9. Zinc (Zn)10.Suspended Solids

(SS)11.Chemical Oxygen

Demand (COD) 12.Sodium Adsorption

Ratio (SAR) 13.Total Coliforms14.Free chlorine15.Total Petroleum

Hydrocarbons (TPH)

RWD-C Raw water Reservoirs- Crocodile Compartment

S-23.7205 E27.5443 Weekly

RWD-M Raw water Reservoirs - Mokolo Compartment

S-23.7201 E27.5447 Weekly

SWAD Storm Water Attenuation dam TBC TBC Monthly RWC8 Raw water 8 Crossing pond

S-23.7123 E27.5632

Monthly

As per WUL Appendix VI section 3.5, Water quality testing must be conducted every six (6) months interval on the wastewater dams from the facility when returned back to the industry for re-use as processed water. Chronic toxicity must be addressed and at least three taxonomic groups must be present when water quality tests are performed. The samples and analysis must be collected at the 2 dams.

Monitoring should be conducted as specified in Table 3 below.

Table 3: Surface water sampling register

SAMPLING REGISTER: 6 MONTHLY PROJECT NAME Medupi Surface Water

Medupi Surface Water - Toxicity Testing


Latitude Longitude Parameters Frequency

Toxicity TestingRWD-C Raw water Reservoirs- Crocodile

CompartmentS-23.7205 E27.5443

1. TOX_02-Toxicity Testing - Definitive 4 Trophic Levels

6 Monthly

RWD-M Raw water Reservoirs - Mokolo Compartment

S-23.7201 E27.5447

c) Process Water Monitoring

The scope entails testing process water from Water Treatment Plant at twenty one (21) monitoring locations on a quarterly basis. Water samples will be collected by the Chemistry Department and submitted to the service provider for analysis.

In addition, eleven (11) samples from the site Sewage Treatment Plant (STP) will be sampled by the STP operators on a weekly basis submitted to the service provider for analysis.

Monitoring should be conducted as indicated in Table 4.

Following the analysis, data should be submitted to the employer as soon as it is released by the lab and a monthly detailed report must be submitted to the employer within 14 days from sampling date.

Table 4: Process water sampling register

CONTRACT - VIII - TSC3 COVER PAGES


SAMPLING REGISTER: MONTHLY PROJECT NAME Medupi Process Water

Medupi Process Water


Latitude Longitude Frequency

Parameters

Process Water

Sewage Treatment Plant (STP)Same as description

1. Side Stream Tank2. Maturation Pond 4.

Weekly WUL Table 2

1. pH2. Conductivity (EC) 3. Total Dissolved

solids(TDS)4. Chlorine (Cl)5. Sulphate (SO4)6. Sodium (Na)7. Calcium (Ca)8. Fluoride (F)9. Iron (Fe)10. Manganese (Mn)11. Nitrate NO3 (as

N)12. Nitrite NO2 (as

N)13. Ecoli14. Faecal Coliforms

(FCU)15. Soap Oil and

Grease (SOG)16. Chemical

Oxygen Demand3. Maturation Pond 14. Maturation Pond 25. Maturation Pond 36. Contact Tank

Weekly 1. pH2. Conductivity

(EC) 3. Nitrite NO2 (as

N)4. Ammonium

(NH₄) as N5. Orthophosphate

(PO₄) as P6. Free chlorine7. Chemical

Oxygen Demand (COD)

8. Suspended solids (SS)

9. Nitrate NO3 (as N) (only one sample is required for Nitrite)

CONTRACT - IX - TSC3 COVER PAGES


7. Raw sewage 8. Balancing Tank9. SBR 1 Decant10. SBR 2 Decant11. SBR 3 Decant

Weekly 1. pH2. Conductivity (EC)3. Total Alkalinity4. Ammonium

(NH₄) as N5. Orthophosphate

(PO₄)6. Chemical

Oxygen Demand (COD)

7. Biological Oxygen Demand

8. Nitrate NO3 (as N) (only one sample is required for Nitrite)

Water Treatment PlantSame as description

1. Raw water Quarterly

1. pH2. Conductivity3. Turbidity4. Aluminium (Al)5. All Anions and

cations so as to do cation / anion balance

6. Total Organic Carbon (TOC)

7. Chlorides 8. Total Hardness9. Magnesium

Hardness (10.Barium (Ba)11.Strotium (Sr)12.Total Alkalinity13.p-Alkalinity14.m-alkalinity 1. Reactive & non-

reactive Silica (SiO2)

15.Turbidity (NTU)16.Sulphates (SO4)17.Bacteria and

Virus

2. UF filtered water3. RO 1 feed water4. RO 1 common permeate5. RO 1 common brine6. RO 2 feed7. RO 2 common permeate8. RO 2 common brine9. CEDI common permeate10. CEDI common brine11. Demin water recycle12. Raw water tanks 113. Raw water tanks 2

14. PDFT 1 & 2 Quarterly

Bacteria and Virus15. GTM feed16. CEDI feed17. DST1-318. CEDI common brine

d) Ground Water Monitoring

The service provider shall be responsible for conducting groundwater sampling and testing at 30 boreholes on a monthly and quarterly basis.

Groundwater monitoring shall be done as per the requirements of the Medupi Power Station Water Use Licence Appendix VI section 3.4 and Ash Dump Authorisation (No.12/9/L50/5/R1) section 6.2 (or based on

CONTRACT - X - TSC3 COVER PAGES


any amendments in the WUL that may be revised from time to time). Water quality testing should be performed on monitoring boreholes in the proximity of the wastewater containing facilities on a monthly basis in order to determine the risks to the receiving environment and quarterly on the remaining boreholes. Refer to table 5 for localities.

Clarification on above requirements with regard to acceptable frequency of ground water monitoring has been communicated with the Department of Water Affairs and Sanitation (DWS) and the project is awaiting response from the Department. Upon confirmation, the service provider must align to monitoring whatever frequency decided.

The service provider shall evaluate all relevant regulatory and other requirements (e.g. WUL, EIA, EMP, Waste License Conditions, Closure and End Land Use Objectives, IWWMP, Directives etc.) and develop a Medupi Power Station site specific monitoring and sampling protocol considering the requirements of the Eskom Groundwater Governance Framework and Guidelines (GGF&G) Groundwater Monitoring (GWG05a) and Groundwater Sampling (GWG05b) Guidelines as the basis for the development of the site specific monitoring and sampling procedure. The monitoring protocol shall be forwarded to Medupi Power Station Environmental Department for approval who will seek endorsement thereof from DWS.

The Contractor shall familiarise themselves with the content of the Groundwater Governance Guideline (GGG) and ensure appropriate consideration in the execution of their activities and service deliverables. The intent of the GGG is to improve consistency and reliance that can be placed across all Eskom’s operations on groundwater impact management. The following guidelines described in the GGG are applicable:

Eskom, 2014. Site Characterisation Guideline (GWG01);

Eskom, 2014. Geophysical Survey Guideline (GWG02);

Eskom, 2014. Borehole Drilling Construction & Design Guideline (GWG03);

Eskom, 2014. Test-pumping Guideline (GWG04);

Eskom, 2014. Groundwater Monitoring Guideline (GWG05a);

Eskom, 2014. Groundwater Sampling Guideline (GWG05b);

Eskom, 2014. Aquifer Vulnerability Assessment (GWG06);

Eskom, 2014. Hydrocensus Guideline (GWG07);

Eskom, 2014. Conceptual Site Model Guideline (GWG08);

Eskom, 2014. Numerical/Analytical/Risk-based Groundwater modelling Guideline (GWG09);

Eskom, 2014. Risk Assessment Guideline (GWG10);

Eskom, 2014. Pollution Source Management Guideline (GWG11); and

Eskom, 2014. Groundwater Remediation Guideline (GWG12).

All accessible boreholes must be sampled throughout the Contract Period by the Service provider in accordance with “Groundwater Monitoring Guideline (GWG05a). All boreholes to be purged during the each sampling run. Purging at the four (4) Raw Water Reservoirs (RWR) boreholes is not required because of the way the borehole has been designed.

Groundwater Monitoring reportA detailed monthly, quarterly and annual report must be compiled and submitted to the employer. A preliminary report discussing the field observations and current state must be available within two (2) weeks from date of sampling to allow the station an opportunity to comment.

The draft report shall be reviewed by the Employer representative within two (2) weeks.

The final report must be available within two (2) months from date of sampling.

CONTRACT - XI - TSC3 COVER PAGES


Results should be compared to the Medupi Power Station baseline water quality and the IWUL limits.

The content of the report shall include but not limited to the following:

- The scope and purpose of the report- A summary of the sampling results per borehole- Site assessment and the current state of the monitoring- Groundwater levels, including vector maps showing groundwater flow direction- Hydrochemistry analysis and discussions- Findings for each borehole and any associated risks such as vegetation growth or concrete

cracks with potential to contaminate groundwater etc- Recommendations for improvement of water management or any issues of concern and any

potential or existing pollution problems noticed during data interpretations. Raw data to be submitted together with the report in an electronic data format such as WISH. The lab analyses data and certificate to be included in the report as an attachment. The contractor shall meet with Eskom on a quarterly basis to discuss any issues related to the monitoring.

Should there be a need for an expansion of the groundwater monitoring network or additional ground water study the service provider shall discuss with Eskom and get approval and a separate contract/order will then be placed for drilling of any additional boreholes.

Table 5: Groundwater water sampling register

SAMPLING REGISTER: MONTHLY/QUATERLY PROJECT NAME Medupi Ground Water

Medupi Ground Water


Latitude Longitude Frequency Parameters

Ground waterSite Boreholes – Quarterly MBH01D Deep borehole on south western

perimeterS-23.7118 E27.5483 Quarterly 1. WUL Table 6

(quarterly parameters)

2. pH3. Conductivity (EC) 4. Calcium (Ca)5. Magnesium (Mg)6. Sodium (Na)7. Potassium (K)8. Chloride (Cl)9. Sulphate (SO4)10.Fluoride (F)11.Nitrate(NO3)12.Ammonium(NH4)13.Aluminum (Al)14.Manganese (Mn)

MBH01S Shallow borehole on south western perimeter

S-23.7497 E27.5470 Quarterly

MBH02D Deep borehole on southern perimeter

S-23.7129 E27.5574 Quarterly

MBH02S Shallow borehole on southern perimeter

S-23.7128 E27.5574 Quarterly

MBH03D Deep borehole on south eastern perimeter (next to raw water crossing 8)

S-23.7100 E27.5671 Quarterly

MBH03S Shallow borehole on south eastern perimeter (next to raw water crossing 8)

S-23.7100 E27.5671 Quarterly

MBH05D Deep borehole on northern perimeter

S-23.6934 E27.5644 Quarterly

MBH05S Shallow borehole on northern perimeter

S-23.6935 E27.5644 Quarterly

MBH06D Deep borehole on north western perimeter

S-23.6991 E27.5473 Quarterly

MBH06S Shallow borehole on north western perimeter

S-23.6992 E27.5474 Quarterly

CONTRACT - XII - TSC3 COVER PAGES


MBH14 Down gradient from Coal Stockyard -23.7015 27.5516

Quarterly

MBH17 Down gradient from Ash Dump South and Dam 5 -23.7418 27.5418

Quarterly

MBH18 Down gradient from Ash Dump South and Dam 6 -23.7484 27.5307

Quarterly

MBH19 Down gradient from re-fuelling station and workshops -23.6984 27.5612

Quarterly

MBH20 Down gradient Bulk Fuel Oil -23.7099 27.5649 Quarterly MBH21 Down gradient of clean and dirty

water dam -23.6909 27.5855Quarterly

Site Boreholes - MonthlyMBH04D Deep borehole on north eastern

perimeter (near clean and dirty water dam and sewage treatment plant)

S-23.6953 E27.5801 Monthly WUL Table 6 (Monthly parameters) 1. pH2. Conductivity (EC) 3. Calcium (Ca)4. Magnesium (Mg)5. Sodium (Na)6. Potassium (K)7. Chloride (Cl)8. Sulphate (SO4)9. Fluoride (F)10.Nitrate(NO3)11.Ammonium(NH4)12.Aluminum (Al)13.Manganese (Mn)

MBH04S Shallow borehole on north eastern perimeter (near clean and dirty water dam and sewage treatment plant)

S-23.6953- E27.5801 Monthly

MBH15 Down gradient from Coal Stockyard -23.7101 27.5580

Monthly

EMBH01North of Raw dam borehole -55706.838 2624323.

990Monthly

EMBH02West of Raw dam borehole -55438.384 2624454.

276Monthly

EMBH03South of Raw dam borehole -55431.762 2624693.

235Monthly

EMBH04South of Raw dam borehole -55602.710 2624688.

590Monthly

Ash Dump boreholes - Monthly MBH07 Up gradient from Ash Dump South -23.7386 27.5044 Monthly WUL Table 6 and

Ash Dump License Annexure III

1. pH2. Conductivity (EC) 3. Calcium (Ca)4. Magnesium (Mg)5. Sodium (Na)6. Potassium (K)7. Chloride (Cl)8. Sulphate (SO4)9. Fluoride (F)10.Nitrate(NO3)

Ammonium(NH4)11.Aluminum (Al)12.Manganese (Mn)13.Alkalinity (P Alk)14.Chemical Oxygen

MBH08 Up gradient from Ash Dump North -23.7072 27.5443 MonthlyMBH09 Down gradient from Ash Dump

North -23.7037 27.5369Monthly

MBH10 Down gradient from Ash Dump North and Dam 3 -23.7237 27.5175

Monthly

MBH11 Down gradient from Ash Dump North -23.7189 27.5376

Monthly

MBH12 Down gradient from Ash Dump North -23.7148 27.5424

Monthly

MBH13

Down gradient from Ash Dump North and Dam 1

-23.7071 27.5442

Monthly

CONTRACT - XIII - TSC3 COVER PAGES


Demand (COD)

Ash Dump License Annexure II - For investigating monitoring (allow for 7 ash dump boreholes for 24 months in case required. 1. Lead (Pb) 2. Cadmium (Cd) 3. Boron (B)4. Biological Oxygen

Demand (BOD)5. Chemical oxygen

demand (COD)6. Chromium

(Hexavalent –Cr6+)

7. Chromium (Total - Cr)

8. Cyanide (CN)9. Mercury (Hg)10.Phenolic

compounds11.Total Dissolved

Solids (TDS)12.Total Organic

Carbon (TOX)13.Total organic

Halogen14.Votalie Organic

compounds 15.Iron (Fe)

For all 30 boreholes (if requested, allow for 6 times throughout contract period)

Additional - Analyse only Upon request (allow for 30 boreholes twice a year) 1. Soap oil and

grease (SOG)2. Total Petroleum

Hydrocarbons (TPH)

3. Suspended solids4. Copper (Cu)5. Nickel (Ni)6. Zinc (Zn)7. Cobalt (Co)

Hydrocensus study

Within the 1st year of contract period the service provider must conduct a Hydrocensus Study and submit the report to the employer. This is a once off activity within the contract period.

CONTRACT - XIV - TSC3 COVER PAGES


The boundaries for conducting hydrocensus should be far enough to include sensitive environments/users relevant to Medupi Power Station and its potential groundwater impacts as well as impacts from neighbouring landowners such as mining and industrial activities. This can be at a radius of 10km from centre of Medupi properties (Naauwontkomen, Eenzamheid and Kroomdraai).

Factors such as seasonal or daily variations, as well as weather and temperature conditions that may affect the data collected must be considered. Identification of obstacles to data collection, such as access to private property, the availability of sampling equipment and personnel must be included in the proposal. The Employer will notify all owners within the identified boundaries prior to the hydrocensus exercise to allow for all sites with the identified boundaries to be visited. The details of the owners will be given to the service provider.

A report presenting the hydrocensus information to be used as a planning and management document, with the following minimum requirements:

- Tables of field data: GPS co-ordinates; Photo of the hydrocensus point; Owner details and dependence; Current use; Reported yield; Pump size/description and abstraction rates; Water tank size; Reported or measured borehole or well depth; Static water level; Field measurements of temperature, pH and conductivity; Collection of water samples from key selected boreholes, wells or springs for quality

analysis; Existing equipment such as pump description; and Possible information that can influence measurement data.

- Surface water quality should also be considered as part of the hydrocensus for use in surface water/groundwater interactions;

- Slug test results and interpretation;- Identify potential contamination sources (e.g. waste dumps, mining activities, waste water

treatment works, intensive rural settlement, feed lots, irrigation areas);- List concerns raised by owners;- Description of the groundwater levels, flow directions and discharge zones;- Description of the unsaturated zone such depth and flow;- Distribution of springs, seepage zones and wetlands;- Distribution of land use (e.g. irrigation, mining, waste dumps, farming, urban areas);- Identification of impacts (e.g. dewatered or polluted areas);- Description of the water quality distribution throughout the aquifer(s);- Status quo of current groundwater situation surrounding the Eskom property; and- Recommendations on the way forward.

Additional Studies

Flood line and Wetland determination studyAs a once off during the contract period, the service provider is required to undertake a Wetland and Floodline Determination for Medupi Power Station Project as follows:

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The work has to be carried out by an experienced and professionally relevant scientist. The delineation of wetland areas within the site A wetland functional and eco-services assessment; A vegetation assessment; Undertake a flood-line determination for Medupi Project; which will include but not be limited to:

- Calculating flood peaks for 1:50 and 1:100 year

- Determine flood lines for 1:50 and 1:100 year

- Provide a comprehensive flood-line report and plans / drawings.

Compile a report outlining the findings of the assessment conducted on the site with respect to the wetland delineation and with respect to the flood-line determination:

- Provide the Medupi Project with a 1:50 and 1:100 year Floodline Plan indicating the restricted areas.

- Provide the Medupi Project with a related comprehensive Floodline Report for the site.

- Provide the Medupi Project with the report in PDF and Word format; as well as soft copies of accompanying plans / drawings in PDF and Shape file / DGN/DWG format.

Waste classification

As a once off during the contract period, the service provider is required to:

Sampling, Analysis and Assessment of Waste Type

- Analysing and classification of samples for

a) sewage sludge

b) coal rejects

c) fine metals or metal shavings

d) sand blasting gridaccording to waste classification and management regulations (GN 634 of 23 August 2013) and) National Norms and Standards for the Assessment of Waste for Landfill Disposal (GN 635 of 23 August 2013)

- Assess feasibility for recycling the sewage sludge and coal rejects.

Development of Safety Data Sheet (SDS) as described in SANS 10234 which will include:

- Source and Composition of Waste

- Hazardous Identification

- Physical and chemical properties

- Toxicological and ecological effects

- Transport

- Disposal options

- First aid/firefighting measures

- Handling and storageCompilation of report

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A Classification report with recommendations for management options will be compiled and will include the supporting documents as mentioned in the above tasks i.e. original laboratory results.

Monitoring and Sampling requirements

All water monitoring should be conducted to ensure compliance with legal requirements other requirements not limited to the following:

- National Water Act (No. 36 of 1998)

- Medupi Record of Decision (RoD) (No.12/12/20/695)

- Medupi Ash Dump Authorisation (No.12/9/L50/5/R1)

- Environment Management Plans (EMP)

- Water Use Licence (WUL) No 01/A42J/4055 and

- Any subsequent amendments and standards

Any changes (currently proposed or future changes) to legislation should also be taken in consideration to ensure compliance with the monitoring requirements.

Sampling is to be undertaken by suitably qualified personnel experienced in water sampling methodology.

Planned Task Observation (PTO) must be conducted during field sampling.

Hygiene measures should be applied to prevent contamination of samples.

Provide sufficient number of sterile sample containers for the sampling at each water points.

All water samples are to be stored in cool boxes (containing ice)/fridge whilst in transit between site and the analytical laboratory. Samples must be at the laboratory no later than 24 hours after sampling.

All water samples must be analysed at an accredited laboratory. The certificates of laboratories to be used must be submitted to the Employer prior to commencement of works.

The client will conduct regular audits at the service provider’s premises to assess compliance with legal and other requirements as well as contract conditions.

It would be beneficial if the supplier could identify a locally based individual for skills development purposes to assist with sampling.

Data Management The service provider is encouraged to use the Windows Interpretation System for the Hydrogeologist (WISH) database mainly because it provides a means of distributing data amongst different parties and ensures a consistent format even if consultants or laboratories are switched in the middle of an investigation. A key part of selecting a suitable Electronic Data Format (EDF)is such that its use should not lock the user into one software system but should allow the user to switch freely between systems if he or she so chooses.

Monitoring report contentThe water quality results from both surface and groundwater locations shall be compared to as a minimum with the following quality limits (where applicable):

- Background quality;

- Limits specified in the Water Use License;

- Any other relevant standards

Reports summarising the results of each monitoring phase must be compiled and submitted to the Employer.

The date, time and monitoring location in respect of each sample taken must be recorded together with the results of the analysis.

Compile a report containing findings on the current condition of the monitoring network and the water and waste management system. The report must include a risk assessment based on the site assessment of the

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water and waste management and monitoring system as well as on the results of the chemical analyses performed on the surface- and groundwater samples.

These reports must include recommendations for the improvement of the water and waste management systems and must address any potential or existing pollution problems noted during the interpretation of the chemical data in consultation with the client.

Chemical data tables of all the sites with comparison to the water quality standards of the current phase and discussions.

Establish trends for each chemical variable for all monitoring sites over time, in order to identify general trends.

Determine the reasons for the variability in trends over time, as it relates to different chemical variables and different monitoring sites.

Establish a “cause-effect” relationship between activities (routine and non-routine), if any, and potential pollution sources at the site and increasing or decreasing trends over time;

Geographically mapping the trends for each chemical variable for all monitoring sites over time.

Determine the implications/potential risks related to excessively high concentrations of certain chemical variables in respect of regulatory obligations.

Determine which areas or sites require corrective actions and establishing which corrective actions may be the most appropriate.

All reports must be of a good quality as they will be submitted to Department of Water and sanitation.

All raw data in excel format must also be submitted to the Employer together with the final reports.

Reporting of borehole maintenance requirements (e.g. broken or damaged borehole, Stolen parts of borehole etc.) must be included in the report.

The Service provider will attend and provide feedback on the Medupi Project’s water quality (on drinking water, surface water and Ground water) to the Medupi Environmental Monitoring Committee (EMC) on a quarterly basis. This will be in a presentation format and the supplier will be required to answer technical questions from the Committee or public during these meetings.

A final consolidated (annual) report detailing summary of results, trends and recommendations for improvement should be submitted for potable water,storm water as well ground water.

3 x banded copies and 2 CD copies to be supplied for all annual reports and quarterly groundwater reports.

Receivables and Deliverables

To the Service providerAll historical documentation and data necessary for a complete understanding of the site will be supplied to the Service provider by the Employer on request. The Employer will also provide detailed information of potential contamination incidents that happened on-site, prior to a particular monitoring phase.

From the Service providerWeekly, monthly and annual surface water monitoring reports

Monthly potable water monitoring reports

Monthly, quarterly and annual groundwater monitoring reports;

Medupi Power Station site specific monitoring and sampling protocol

Flood line and Wetland determination report

Waste classification report

Raw data of all results in an excel sheet

Laboratory test analyses certificates

Valid SANAS 17025 accreditation laboratory certificate

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Quality Assurance and Quality Control Documents (Reference is made to Groundwater Guideline – Sampling nr. 5b); and

Evidence of registration as Professional Natural Scientists (SACNASP).

Submit full risk assessments and method statements of sampling protocol prior to commencement of works.

1.3 Interpretation and terminology

The following abbreviations are used in this Service Information:

Abbreviation Meaning given to the abbreviation

EMC Environmental Monitoring Committee

IWUL Integrated Water Use Licence

WISH Windows Interpretation System for the Hydrogeologist

SDS Safety Data Sheet

EMP Environment Management Plans

RoD Medupi Record of Decision

SACNASP South African Council for Natural Scientific Professions

EDF Electronic Data Format

GGG Groundwater Governance Guideline

DWS Department of Water Affairs and Sanitation

EIA Environmental Impact Assessment

STP Sewage Treatment Plant

RWR Raw Water Reservoirs

DEA Department of Environmental Affairs

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2 Management strategy and start up.

2.1 The Contractor’s plan for the service

A plan of work for performing the water quality monitoring services throughout the service period must be submitted to the Service Manager prior starting work onsiteThe plan must it include the following but not limited to:-detailed timelines programme and methodology for all potable, surface and ground water monitoring i.e. sampling, analysis, reporting-detailed timelines, programme and methodology for conducting additional studies and reporting:

Hydrocensus study Flood line and Wetland determination study Waste classification and reportin

2.2 Management meetings

The Service provider will be required to attend and provide feedback on the Medupi Project’s performance regarding water quality (on drinking water, surface water and Ground water) to the Medupi Environmental Monitoring Committee (EMC) on a quarterly basis. This will be in a presentation format and the supplier will be required to answer technical questions from the Committee or public during these meetings.The purpose of the service provider attending the meeting is to give an independent assurance to EMC on water quality monitoring for the site.

The presentation must include but not limit the following i.e. layout maps of monitoring locations , a summary of the sampling results especially those with parameters above the limits, recommendations for improvement of water management or any issues of concern and any potential or existing pollution problems noticed during data interpretations.

The meeting annual dates, invitations and minutes will be circulated by the EMC co-odinator.

Any general matters relating to contract performance, risks, administration, health and safety, costs and payments if need be can be discussed at a meeting separate from the EMC. In order to minimise the cost, such meetings can be held on the same day with EMC only is need be. The Service manager or the contractor can call the meeting.

Regular meetings of a general nature may be convened and chaired by the Service Manager as follows:

Title and purpose Approximate time & interval Location Attendance by:

Medupi Environmental Monitoring Committee (EMC)

Quarterly (time to be prescribed by EMC)

Medupi site or any other place within Lephalale prescribed by EMC

Employer, Contractor

Overall contract progress and feedback

As and when required. Medupi site Employer, Contractor

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 Service Manager 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.

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2.3 Contractor’s management, supervision and key people

The service provider is required to submit organogramme showing his people and their lines of authority / communication in relation to this specific contract.

Key Personnel minimum qualifications requirements:

Groundwater Specialist: MSc Degree in Geohydrology or B-Tech plus 7 years related experience.SACNASP registration will be an added advantage

Environmental Scientist: 3 year Degree or B-Tech or National Diploma in Natural Sciences with practical experience in water related chemistry plus 5 years related experience.SACNASP registration will be an added advantage

Lab Technician (analyst): B-Tech or National Diploma in analytic chemistry or BSc in chemistry plus 5 years related experience or Grade 12 + with Mathematics and/or Science plus 10 years related experience.SACNASP registration will be an added advantage

Sampler:Grade 12 + with either Mathematics or Science or biology with a valid training certificates and 1 year related experience

2.4 Provision of bonds and guarantees

Not applicable

2.5 Documentation control

All documentation will be identified with an alpha numeric which indicates source, recipient, communication number etc. Contractual communications will be in the form of properly compiled letters or forms attached to e mails and not as a message in the e mail itself. All contractual documentation will go through the Service Manager.

2.6 Invoicing and payment

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

The Contractor shall address the tax invoice to Eskom Holdings SOC LimitedMedupi Power StationP/B 7502Onverwacht0557

and include on each invoice the following information:

Name and address of the Contractor and the Service Manager; The contract number and title;

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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; (add other as required) The word TAX INVOICE must be shown on the invoice. Name, address and Vat registration number of the supplier Name, address and Vat registration number of the recipient The supplier must scan the invoice to our accounts payable ([email protected]) for

payment.

Add procedures for invoice submission and payment (e. g. electronic payment instructions)

2.7 Contract change management

Appropriate NEC TSC3 templates will be used for correspondence in order to address any contractual change.

2.8 Records of Defined Cost to be kept by the Contractor

The Contractor is required to keep all records of the work done and the invoices from its subcontractors, originals of these records are to be attached to an assessment when making a claim.

2.9 Insurance provided by the Employer

Refer to section 8.

2.10 Training workshops and technology transfer

The Employer might instruct the Contractor to train someone else

2.11 Design and supply of Equipment

Not applicable

2.12 Things provided at the end of the service period for the Employer’s use2.12.1 Equipment

Not applicable

2.12.2 Information and other things

Any information relating to Medupi water monitoring and additional studies conducted must be submitted to the employer via an electronic/digital device (e.g CD) at the end of the contract.

2.13 Management of work done by Task OrderOnly use this heading if Option X19 applies to this contract.

CONTRACT - XXII - TSC3 COVER PAGES

mailto:[email protected]


In some cases all work may be done in terms of Task Orders in which case it may be logical to move this section closer to the start of this part 2 of the Service Information. In some cases only parts of the service may require to be handled by Task Order, for example a major repair which has become necessary during a continuous maintenance service contract.

Please read Option X19 before drafting requirements here as much of the procedure for the administration of Task Orders is already provided in X19, for example X19.2 specifies what a task Order should include

A Task Order format could be provided in an Annexure to this Service Information.

Many considerations can apply to Task Orders, such as availability of resources, arrangements for emergency work, Task Order reporting (work carried out and service results), assessment of additional Prices for service not included in the Price List etc.

Clause X19.6 requires information which should be included on a Task Order programme. Further requirements for Task Orders include things to be provided by the Employer under a Task Order and the conditions under which the Employer or Others are to work.

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3 Health and safety, the environment and quality assurance

3.1 Health and safety risk managementContractors and their sub-Contractors shall at all times ensure compliance with all relevant Occupational Health and Safety Act 85 of 1993 and any regulations or by-laws of any local or statutory authority.

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:

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”)

The Eskom “Health, Safety and Environmental specifications 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 Employer 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

The Health, Safety and Environmental 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 shall not consider itself under the supervision or management of the Employer with regard to compliance with the SHEQ Requirements, the Contractor shall 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 mandataries 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 acknowledges that it is fully aware of the requirements of all the above and undertakes to employ only people who have been duly authorized in terms thereof and who have received sufficient training to ensure that they can comply therewith.

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 period of this contract:

• conduct health and safety and Environmental audits regarding all aspects of compliance with the SHEQ Requirements, at any off-site place of work, or the site establishment of the Contractor;

• 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;

• issue the Contractor with a stop order should the Employer 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 Employer’s Representative.

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The Contractor immediately reports any environmental incident as well as any threat to the environment of which it becomes aware at the Works or on the Site to the Employer’s Representative

The Contractor undertakes not to do, or not to allow anything to be done which will contravene any of the provisions of the Act, Regulations or Safety and Operating Procedures as well as provisions in the Medupi Power Station Environmental Management System.

.

The Contractor appoints a person, qualified in accordance with the SHEQ Requirements, as the liaison with the Eskom Safety/Environmental Officer for all matters related to health and safety, this person shall be contactable 24 hours a day.

The Contractor confirms that it has been provided with sufficient written information regarding the health and safety as well as Environmental arrangements and procedures applicable to the Works to ensure compliance by it and all employees, agents, Sub Contractors or mandataries 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 expenses 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 mandataries 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 mandataries with their responsibilities and/or obligations in terms of or arising from the OHSA.

In carrying out their obligation as the mandatory to the Employer for this contract in terms of the Medupi Power Station ISO 14001 Environmental Management System and applicable legal and other requirements associated with the Works, the Contractor ensures that they comply with the System requirements when Providing the Services or using plant, materials or equipment.

3.1.2 TRANSPORTATION OF PASSENGERS:

It is a legal requirement to provide safe transportation of Eskom and Contractor employees – therefore the following will be enforced:

•• Tools and equipment must be properly secured.• Only authorised drivers that comply with the Road transport Act, may transport passengers.• Proof must be submitted on request in terms of valid roadworthiness of the vehicle/s.• The above must apply to on site and off site transportation of passengers.

3.1.3 Eskom lifesaving rules:

Five lifesaving rules have been developed that will apply to all Eskom employees, agents, consultants and Contractors.

• Rule 1: Open, isolate, test, earth, bond, and/or insulate before touch - that is any plant operating above 1 000 v.

• Rule 2: Hook up at heights - no person may work at height where there is a risk of falling.• Rule 3: Buckle up – no person may drive any vehicle on Eskom business and/or on Eskom

premises: unless the driver and all passengers are wearing seat belts.• Rule 4: Be sober (no person is allowed to work under the influence of drugs and alcohol.

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• Rule 5: Permit to work – where an authorization limitation exists, no person shall work without the required permit to work.

3.1.4 SHEQ INDUCTION COURSE

• All the employees of the Contractor must attend a SHEQ induction course before they will be allowed to work on the Site. It is the responsibility of the Contractor to ensure that all employees have attended the safety induction.

3.1.5 LOCAL SAFETY PROCEDURES

• The Contractor adheres to all local procedures. A list of local procedures are available on request from the Employer

3.1.6 INCIDENTS / ACCIDENTS

• Incidents and accidents must be reported and investigated. All incidents must also be reported to the Employer within 24 hours.

• First aid must be made available by the Contractor. The availability of the Contractor’s own first aid or environmental response does not relieve the Contractor of his obligation to report and investigate the incident.

3.1.7 FIRE PREVENTION

• Fire prevention and protection requirements to which the Contractor must comply.Please ensure that there are personal trained to use fire equipment and all vehicles to have an extinguisher

Boundary patrols must also include feedback regarding the state of firebreaks Please appoint a trained fire warden one per shift. All costs relating to the training and

equipment to be submitted to the client, with fee of 13.5%. Option E cost plus contract. 3.1.8 PROTECTIVE EQUIPMENT AND CLOTHING

• The Contractor supplies his own personal protective equipment necessary to carry out the works.

• The Contractor is also responsible to inspect and maintain such equipment as required in terms of the OHS Act and Eskom SHEQ procedures.

3.1.9 DOCUMENTATION

The Contractor is responsible to have the following documentation available on site in accordance

• A copy of the OHS Act.• Copies of all site accident report forms as required by the OHS Act.• Copies of minutes of health and safety meetings held on site.• Copies of inspection reports produced by the accident prevention officer

Copies of all relevant SHEQ procedures and associated documents

3.2 Environmental constraints and management

The contractor should note that the Employer 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 The Site 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 objective of improving overall environmental performance

Where applicable to the scope of work the Contractor is required to comply with the following site specific documents (but may change from time to time due to review and/or operational requirements):

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a. Medupi Environmental Statement/Policyb. Procedure for the Identification and Assessment of all Environmental Aspects and Impactsc. Environmental Legal and Other Requirements (this will include all applicable Environmental

Authorisations and Environmental Management Plans) d. Medupi EMS Scope and Manuale. Environmental Training, Awareness and Competencef. Health, Safety and Environmental Communication Procedureg. Identification and Application of Environmental Operational Controlsh. Environmental Performance Monitoring and Measurement Procedurei. Handling of HSE Non-conformities and Corrective and Preventative Measuresj. Health, Safety and Environmental Incident Management Procedurek. Health, Safety and Environmental Audit Procedurel. Management Review Procedurem. Medupi Waste Management Proceduren. Spill Prevention Control Countermeasure Plano. Integrated Waste and Water Management Plan (IWWMP)p. Land management plan

Contractor Environmental Obligations

Contractor shall submit Environmental documentations aligned to scope of works for approval by Team Medupi Environment, the documents includes:

• Aspect and Impact register including all activities in the scope of works; and• Environmental management plan as per the identified Aspect and impacts (such as waste management, spill management, incident management, water management, hazardous chemical substances management, site establishment etc.).

Contractor will also be required to comply the following:

• Comply with environmental legal and other requirements.• Report all environmental incidents as per the project procedures.

3.3 Quality assurance requirements1. The Supplier shall demonstrate, provide and maintain a Quality Management System (QMS) that is

ISO 9001:2008 certified or compliant thereto. Compliance with the provisions of this clause in no way relieves the Supplier of the final responsibility to furnish acceptable services.

2. The Supplier agrees to control and professionally preserve and store appropriate documents, records and recordings for a period of 5 years after termination of the agreement to guarantee the traceability of the services rendered and inspection thereof.

3. The Supplier agrees to regularly update and implement all the latest technology available as well as the necessary improvements for the installation, production and organisation deemed necessary to meet the requirements of the agreement and in order to enhance capabilities and effectiveness to deliver high quality, cost-effective security services.

4. The delivered or services shall be uniform in Quality and condition, consistent with good industry practices and adhere to requested Eskom requirements, without deviation.

5. The Employer shall have the right to regularly conduct inspections, assessments , audits and surveys and perform surveillance of the Supplier’s and/or Sub-Supplier facilities, sites, premises, records and documentation ( including but not limited to data books ) to evaluate their capability to comply with the requirements necessary to conform to contractual and QMS requirements.

6. The Employer reserves the right to inspect, at reasonable times, any or all of the services performed at the Supplier’s or Sub-Supplier’s premises or elsewhere. Verification by Eskom shall not absolve the Supplier of the responsibility to provide acceptable product and / or services, nor shall it preclude subsequent rejection by Eskom.

7. The services must comply with the agreed specifications and requirements and the applicable directives and standards set out in the Contract. Defects notified by the Employer shall be remedied by the Supplier upon demand by the Employer without undue delay and at no extra cost. The Supplier shall continuously monitor and identify non-conformances, both internal and external, as

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signals of opportunities for improvement making process and other relevant changes to prevent recurrence.

8. The Supplier shall further identify potential problems before they occur by identifying deviations in patterns or trends in product, service or process performance.

9. Nothing contained in the Contract and/or purchase order and/or scope of work and /or works information shall relieve in any way the Supplier from the obligation of Quality control thereof.

10. The Supplier guarantees that the Quality of the delivered services will comply with the requirements of the contract and/or relevant specifications.

11. The Supplier shall, on request, prove its ability to relate to the proposed scope of work which establishes the manner in which the Supplier intends to perform the Contract.

12. The Supplier shall, on request, prove its organisational, logistics and support resources to ensure the requirements of the contract can and will be achieved.

13. The Employer reserves the right to assess and measure, during the existence of the agreement the qualifications, capability and competence of the key staff (assigned personnel) in relation to the scope of work and to interview any / all of them to confirm the Quality evaluation.

14. The identified professional personnel who will be managing the service will be available and accessible on a continuous basis until the conclusion of the project.

15. The Supplier shall demonstrate experience in comparable projects or specific aspects of the project and / or performance in similar projects, on request.

16. The Quality of the services and the contents thereof will always be in accordance with professional standards.

17. For the duration of the Contract, the professional staff managing the service, must be and remain a member of his/her Professional Society

18. The Supplier must, at all relevant times, scrutinise and be aware of Eskom’s requirements with specific focus on , inter alia, its philosophy, principles, strategies, practises, mission, vision, models, policies and practises.

19. The Supplier shall exercise reasonable professional skill, care and diligence in the performance of his obligations in terms of this agreement.

20. On awarding of the Contract to the successful Supplier, such Supplier shall present to the Employer an acceptable Quality Control Plan (QCP). The QCP shall comply with the requirements of ISO 10005 and shall include, but not be limited to, the following clauses:

20.1.A description of the type, level and frequency of inspections performed by the Supplier’s Quality Control monitors .These inspection reports shall be made available to Eskom, on request

20.2.Quality Control check lists used to conduct inspections which include , as a minimum , checks of equipment , uniform , attendance and/or compliance with sign in/out procedures , knowledge of and adherence to Duty Book requirements ,knowledge of and adherence to screening equipment operating procedures , possession of certification and company identification cards , possession of required licences and permits , current fire arms qualifications and overall performance

20.3.Resumes for all personnel appointed to serve as Quality Control monitors.20.4.Scope of a Quality Plan, Quality objectives, Management responsibility, control of

documents and data , Control of records , resources , Customer communication, Audits

21. On awarding the contract, the parties will each nominate to the other their Quality representative(s) , in writing.

22. The Supplier shall use all methods deemed necessary to ensure that the Supplier’s employees are in a constant state of awareness and readiness. These methods may include uniformed or undercover surveillance by Eskom Security staff; intrusion tests by undercover Eskom Security staff to evaluate the security guards’ actions and surveys of Eskom employees regarding the security guards; professionalism , courtesy and knowledge of their assigned duties

Specify minimum requirements for the Contractor’s Quality Plan and Work Procedures or provide the Employer’s Quality Plan if that is to be used. Make sure witness and hold points are identified generally and describe any particular requirements for QA outside the Affected Property. Indicate how the Contractor’s QA documentation is to be submitted for acceptance and any conditions that need to be imposed relating to acceptance. State whether ISO compliance is a condition and if so which ISO standard shall apply.

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4 Procurement

There is a cross reference from the core clause 11.2(6) definition of Disallowed Cost to the Service Information regarding procurement procedures. This part of the Service Information MUST include any such procedures to be able to administer Disallowed Cost.

4.1 People4.1.1 Minimum requirements of people employedDescription Minimum

TargetEntry Level Output Tenderers

ProposalGroundwater Specialist: 1 MSc Degree in

Geohydrology or B-Tech

Interpretation of Ground water results, Groundwater reports, EMC presentation

Environmental Scientist/Junior Scientist:

2 Degree or B-Tech or National Diploma in Natural Sciences

Water monitoring reports

Lab Technician (analyst): 1 B-Tech or National Diploma in analytic chemistry or BSc in chemistry

Water quality analysis

Sampler/Junior Sampler: 2 Grade 12 Water sampling

The Employer may, having stated reasons, instruct the supplier to remove an employee. The Supplier then arranges that, after one day, the Employee has no further connection with the work included in this contract.

4.1.2 BBBEE and preferencing scheme

The Contractor is expected to maintained or improve its’ B-BBEE rating for the duration of the contract. Should the rating change negatively, the Contractor would be expected to rectify that within 6-months of being made aware of negative change.

The Contractor is expected to submit a valid B-BBEE Verification Certificate from a SANAS accredited Verification Agency each year. Failure to submit such a Certificate may be regarded as the breach of the contract by the Employer.

4.1.3 Accelerated Shared Growth Initiative – South Africa (ASGI-SA)

The Contractor complies with and fulfils the Contractor’s obligations in respect of the Accelerated and Shared Growth Initiative - South Africa in accordance with and as provided for in the Contractor’s ASGI-SA Compliance Schedule stated below.

[Insert the agreed ASGI-SA Compliance Schedule here]

The Contractor shall keep accurate records and provide the Service Manager with reports on the Contractor’s actual delivery against the above stated ASGI-SA criteria. [Elaborate on access to and format of records and frequency of submission etc.]

The Contractor’s failure to comply with his ASGI-SA obligations constitutes substantial failure on the part of the Contractor to comply with his obligations under this contract.

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4.2 Subcontracting4.2.1 Preferred subcontractors

None

4.2.2 Subcontract documentation, and assessment of subcontract tenders

The Contractor will get an approval from an Employer for an appointment of a subcontractor.

4.2.3 Limitations on subcontractingNone

4.2.4 Attendance on subcontractors

A subcontractor remains a responsibility of a Principal Contractor for a contract period.

4.3 Plant and Materials4.3.1 SpecificationsThe contractor shall comply with all requirements of the Medupi project Record of Decision (ROD) and Environmental Management Plan (EMP).The contractor shall comply with all relevant Eskom Safety procedures.The contractor shall comply with all requirements of Quality as per Eskom’s Quality Requirements.

4.3.2 Correction of defects

Not applicable

4.3.3 Contractor’s procurement of Plant and Materials

Not applicable

4.3.4 Tests and inspections before delivery

Not applicable

4.3.5 Plant & Materials provided “free issue” by the Employer

Not applicable

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5 Working on the Affected Property

5.1 Employer’s site entry and security control, permits, and site regulations

Access card system and vehicle permits are used for gaining into site, first issue is free, lost card will be charged at a certain fee.Vehicles will be checked for roadworthiness. Visitors’ are required to apply for access 24 hours prior to visiting site. The visitor must bring along a valid Identity Document (ID) which will be presented to the security office prior accessing the site. In addition to the above there may be other restrictions once on the Site, plus rules relating to roads, walkways etc.

5.2 People restrictions, hours of work, conduct and records

Official site hours will be adhered to unless a special permission is granted by the Services Manager. Record of staff hours worked should be kept in a Register.

5.3 Health and safety facilities on the Affected PropertyRefer to section 3 above.

5.4 Environmental controls, fauna & flora

Refer to section 3 above. Details are contained in the Medupi Environmental Management Plan.

5.5 Cooperating with and obtaining acceptance of Others

Contractors working on the project should always corporate with each other for access when working on a same area.

5.6 Records of Contractor’s Equipment

A Contractor should adhere to the site rules:• All site vehicles must have the necessary permits as per legal and site requirements• Tool list should be completed for all site equipment• When taking other equipment out of site a permit system is to be used

5.7 Equipment provided by the Employer

Not applicable

5.8 Site services and facilities5.8.1 Provided by the Employer

The Employer will provide water, waste bins and general waste removal service and sewerage and electricity. The Contractor shall provide everything else necessary for providing the Service.

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5.8.2 Provided by the Contractor

Not applicable

5.9 Control of noise, dust, water and waste

Refer to section 3 above. Details are contained in the Medupi Environmental Management Plan (EMP), IWWMP, Environmental Performance Monitoring and Measurement Procedure and any other relevant legal and other requirements.

5.10 Hook ups to existing works

Refer to section 3 above.

5.11 Tests and inspections5.11.1 Description of tests and inspections

Refer to Section 1 above

5.11.2 Materials facilities and samples for tests and inspections

Refer to Section 1 above

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6 List of drawings

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

Drawing number Revision Title

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