Common use of Constraints on how the Contractor Provides the Service Clause in Contracts

Constraints on how the Contractor Provides the Service.  The Employer reserves the right to have any of the Contractor’s personnel removed off site without any compensation to the Contractor in the event of the Contractor’s personnel being in contravention with the OHS Act or any of the Employer’s rules, regulations and procedures.  The Employer reserves the right to request disciplinary/corrective action if, and when required.  All known services will be brought to the attention of the Contractor by the Service Manager. Should the Contractor encounter any other services in the work area, he will immediately bring it to the attention of the Service Manager who will issue instructions as to what actions are to be taken.  Eskom carries no responsibility for unforeseen delays unless such a delay is negotiated within 24 hours of the occurrence and written agreement is submitted by Eskom.  Eskom Work Week Management System will be used to issue work to the Contractor on weekly basis.  The Contractor will work on LEVEL 2 and 3 PLANT as prescribed on the ESKOM standard GGS 1407 (Control of plant erection, repair and maintenance welding repairs) • The contractor shall provide all necessary discipline Artisans’ tools. • Good housekeeping at all times. The Contractor must clean and remove all debris after each shift or task. • The Contractor will provide the quality control plan for approval by Eskom welding/ Repair co coordinator for all welding activities. • Site access shall be granted by Eskom Holdings Tutuka Power Station protective services as request via or by the Service Manager. • Work in the plant will only be done with a permit to work and hot work permit in place as per the Plant Safety Regulations. Any contraventions will be strictly dealt with. • After each working shift unused electrode shall be accounted for by the Supervisor and returned to the storage area  The Contractor must submit Curriculum Vitae’s of its entire staff prior to work commencing on site.  The Contractor must submit certified copies of qualifications and or certificates of its entire staff prior to work commencing on site.  The Contractor will be responsible for the full payment of the legislative training costs for every employee at the Contractor’s cost, in the event that the employee have to redo the training due to failing at the first attempt as well as the subsequent attempts that follows until the employee is authorised.  No welding will be allowed on site unless permission is granted in writing by the Service Manager.  The Employer carries no responsibility for unforeseen delays unless such a delay is negotiated within 24 hours of the occurrence and written agreement is submitted by the Employer.  Care must be taken to prevent damage to any surroundings such as the plant, roads and equipment in and around existing buildings.  The Contractor and his employees will be required to conduct themselves at all times in proper and orderly manner while on the Employer’s premises.  The Contractor and his employees may only smoke in the allowed/designated areas. • The Employer will take immediate steps to institute criminal investigations in the event of any suspected criminal acts e.g. theft etc • All electrical equipment used by the Contractor shall be Identifiable by a unique number, serviced and inspected and proper record shall be kept. • No employees will be transported on an open vehicle. The vehicles must comply with Eskom’s minimum requirements

Constraints on how the Contractor Provides the Service.  The Employer reserves the right to have any of the Contractor’s personnel removed off site Site without any compensation to cancelling the Contractor contract if, in the event of the Contractor’s personnel being in contravention with the OHS Act or any of the Employer’s rulesopinion, regulations and proceduresit is warranted.  The Employer reserves the right to request disciplinary/corrective action if, and when required.  The Contractor must submit Curriculum Vitae’s of its qualified staff prior to work commencing on Site.  The Contractor must submit certified copies of qualifications and/or certificates of its qualified staff prior to work commencing on Site.  The Contractor will be responsible for the full payment of the legislative training costs for every employee at the Contractor’s cost, in the event that the employee have to redo the training due to failing at the first attempt as well as the subsequent attempts that follows until the employee is authorised.  The Employer reserves the right to terminate the contract, once 3 non-conformances/ PIR are raised against the Contractor: Incident Management, Corrective & Preventive Action Procedure to be adhered to:- 14Risk IM PC-019  The Contractor complies with all the site regulations given by the Employer.  All activities to be done under the OHS Act of 1993.  Care must be taken to prevent damage to any surroundings such as the plant, roads and equipment in and around existing buildings.  The Contractor and his employees will be required to conduct themselves at all times in proper and orderly manner while on the Employer’s premises.  The Contractor and his employees may only smoke in the allowed/designated areas.  The Employer will take immediate steps to institute criminal investigations in the event of any suspected criminal acts e.g. theft etc.  All known services will be brought to the attention of the Contractor by the Service Manager. Should the Contractor encounter any other services in the work area, he will immediately bring it to the attention of the Service Manager who will issue instructions as to what actions are to be taken.  Eskom carries no responsibility for unforeseen delays unless such a delay is negotiated within 24 hours of the occurrence and written agreement is submitted by Eskom.  Eskom Work Week Management System will be used to issue work to the Contractor on weekly basis.  The Contractor will work on LEVEL 2 and 3 PLANT as prescribed on the ESKOM standard GGS 1407 (Control of plant erection, repair and maintenance welding repairs) • The contractor shall provide all necessary discipline Artisans’ tools. • Good housekeeping at all times. The Contractor must clean and remove all debris after each shift or task. • The Contractor will provide the quality control plan for approval by Eskom welding/ Repair co coordinator for all welding activities. • Site access shall be granted by Eskom Holdings Tutuka Power Station protective services as request via or by the Service Manager. • Work in the plant will only be done with a permit to work and hot work permit in place as per the Plant Safety Regulations. Any contraventions will be strictly dealt with. • After each working shift unused electrode shall be accounted for by the Supervisor and returned to the storage area  The Contractor must submit Curriculum Vitae’s of its entire staff prior to work commencing on site.  The Contractor must submit certified copies of qualifications and or certificates of its entire staff prior to work commencing on site.  The Contractor will be responsible for the full payment of the legislative training costs for every employee at the Contractor’s cost, in the event that the employee have to redo the training due to failing at the first attempt as well as the subsequent attempts that follows until the employee is authorised.  No welding will be allowed on site unless permission is granted in writing by the Service Manager.  The Employer carries no responsibility for unforeseen delays unless such a delay is negotiated within 24 hours of the occurrence and written agreement is submitted by the Employer.  Care must be taken to prevent damage to any surroundings such as the plant, roads and equipment in and around existing buildings.  The Contractor and his employees will be required to conduct themselves at all times in proper and orderly manner while on the Employer’s premises.  The Contractor and his employees may only smoke in the allowed/designated areas. • The Employer will take immediate steps to institute criminal investigations in the event of any suspected criminal acts e.g. theft etc • All electrical equipment used by provide Plant Safety Regulations training necessary for the Contractor shall be Identifiable by a unique numberin order to carry out the works.  For additional training required due to turn over, serviced and inspected and proper record shall be kept. • No employees the cost will be transported on an open vehicle. The vehicles must comply with Eskom’s minimum requirementsrecovered from the Contractor.