C2.2 BILLS OF QUANTITIES

1 ITEM NODESCRIPTIONUNITQUANTITYRATEAMOUNTSECTI ON NO. 1 BILL NO. 1 PRELIMINARIES NOTES i) The Agreement is to be the form of offer and acceptance (agreement) of bid document and jbcc Series 2000 Principal Building Agreement, Edition July 2007, including Contract Data EC and EC an all other jbcc support documentation that together from the contract between the Employer and Contractorii)The Preliminaries are to be the Association of South African Quantity Surveyors (ASAQS) Preliminaries, November 2007 as amended for use with the jbcc Principal Building Agreement and shall be deemed to be incorporated hereiniii)The Tenderer is deemed to have referred to these documents for the full intent and meaning of each clause.

2 These clauses are referred to by number and heading onlyiv)Where standard clauses or options are not applicable to this contract such modifications, or corrections as, are necessary are given under each relevant clausev)Where any items are not relevant to this specific Agreement such items are marked NOT APPLICABLE in the amount columns (N/A)vi)Option A as set out in clause hereinafter, is to be used for the adjustment of the preliminaries. Each item priced is to be allocated to one or more of the three categories, where "F" denotes fixed amount (amount which shall not be varied), "V" denotes an amount which shall be varied in proportion to the contract value as compared with the contract sum and "T" denotes an amount which shall be varied in proportion to the contract )Items not priced in these preliminaries shall be deemed to be included elsewhere and as priced as suchviii)Should there be any discrepancy between these Preliminaries and the Agreement, these Preliminaries shall take precedence BILLS OF BILLS of QuantitiesKatlehong1 of 103 SECTION A.

3 PRINCIPAL BUILDING AGREEMENT AGREEMENT DEFINITIONS (A1) Definitions and interpretation (clause 1)1F:.. V:.. T:..Item OBJECTIVE AND PREPARATION (A2 TO A14) Offer, acceptance and performance obligations (clause 2)2F:.. V:.. T:..ItemDocuments (clause 3)3F:.. V:.. T:..ItemDesign responsibility (clause 4)4F:.. V:.. T:..ItemEmployer's agents (clause 5)5F:.. V:.. T:..ItemContractor's site representative (clause 6)6F:.. V:.. T:..ItemOccupational Health and Safety Act, 1983 Without limiting the generality of the provisions of clause ofthe Agreement, the Contractor's attention is drawn to theprovisions of the Construction Regulations, 2007 issued interms of the Occupational Health and Safety Act, 1993.

4 TheContractor is to enter into an agreement with the Employershall prepare a documented Health and Safety specification forthe works (refer to part C5 for a copy of the specification) andto ensure that the has made provision for the cost of health and afety measures prescribed during the execution of the Works7F:.. V:.. T:..Item BILLS of QuantitiesKatlehong2 of 103 Works risk (clause 8)8F:.. V:.. T:..ItemIndemnities (clause 9)9F:.. V:.. T:..ItemGeneral insurances (clause 10)10F:.. V:.. T:..ItemSpecial insurances (clause 11) 11F:.. V:.. T:..ItemEffecting insurances (clause 12)12F:.. V:.. T:..ItemAssignment (clause 13)13F:.. V:.. T:..ItemSecurity (clause 14)This clause shall be amended as The security required shall be as described in the bid document and shall be in the form of cash, a certified cheque or bank guarantee from a banking institution registered in terms of the Banks Act 1990 (Act No 94 of 1990) or from an insurer registered in terms of the Insurance Act 1943 (Act No 27 of 1943) Such selected security shall be provided within fourteen (14)

5 Calendar days of written acceptance of the contractor's For second highest scoring bidder security shall be provided notification of the contractor's No The Employer's entitlement to recover expense and loss in terms of shall take precedence over the reducing of the surety or proportions A fixed construction guarantee to the value of 10% of the contract amount shall be BILLS of QuantitiesKatlehong3 of The parties shall expressly agree that neither the Employer nor the Contractor shall be entitled to cede the rights to the surety to any third party and the Employer shall apply the security strictly according to the provisions of this Such selected security shall be provided within fourteen (14) calendar days of written acceptance of the contractor's tenderThe employer reserves the right to reject a construction guarantee if, in the opinion of the employer, the guarantor is not accredited14F.

6 V:.. T:..ItemEXECUTION (A15 TO A23) Preparation for and execution of the Works (clause 15)15F:.. V:.. T:..ItemSite and access (clause 16)16F:.. V:.. T:..Item Contract instructions (clause 17)In addition to the provisions of sub-clause , contract instructions are to be recorded in triplicate in a contract instruction book, which is to be supplied and maintained on site by the Contractor17F:.. V:.. T:..ItemSetting out of the Works (clause 18)The Contractor shall notify the Principal Agent if any encroachments of adjoining foundations, buildings, structures, pavements, boundaries, etc. exist in order to make the necessary arrangements for the rectification of any such encroachments18F.

7 V:.. T:..ItemTemporary works and plant (clause 19)19F:.. V:.. T:.. BILLS of QuantitiesKatlehong4 of 103 Nominated Subcontractors (clause 20)In addition to the provisions of sub-clause , the Contractor shall, at any time on being requested to do so by the Principal Agent, furnish a copy of the jbcc Nominated Subcontract Agreement to the Employer, within five (5) working days of such request20F:.. V:.. T:..ItemSelected Subcontractors (clause 21)In addition to the provisions of sub-clause , the Contractor shall, at any time on being requested to do so by the Principal Agent, furnish a copy of the jbcc Selected Subcontractor Agreement to the Employer, within five (5) working days of such.

8 V:.. T:..ItemEmployer's Direct Contractors (clause 22)22F:.. V:.. T:..ItemContractor's Domestic Subcontractors (clause 23)In addition to the provisions of sub-clause , the Contractor shall, at any time on being requested to do so by the Principal Agent, furnish a copy of the Domestic Subcontract Agreement of the Employer, within five (5) working days of such request23F:.. V:.. T:..Item COMPLETION (A24 TO A30) Practical Completion (clause 24)24F:.. V:.. T:..ItemWork completion (clause 25)25F:.. V:.. T:..ItemFinal completion (clause 26)26F:.. V:.. T:..ItemLatent defects liability period (clause 27)27F:.. V:.. T:.. BILLS of QuantitiesKatlehong5 of 103 Sectional completion (clause 28)28F.

9 V:.. T:..ItemRevision of date for practical completion (clause 29)29F:.. V:.. T:..ItemPenalty for late or non-completion (clause 30)30F:.. V:.. T:..ItemPAYMENT (A31 TO A35) Interim payment (clause 31)This clause amended to read that payment will be made by the employer within thirty (30) days from date of receipt of a correct Invoice by the EMM finance department31F:.. V:.. T:..ItemClause 31 shall be deemed to be amended and extended as Not withstanding the provisions of Clause or any other clause, material and goods stored off site shall not be included in the amount authorized for payment unless specifically authorized by the BILLS of QuantitiesKatlehong6 of Retention The Employer shall withhold from the Contractor retention of 10% up to a maximum amount of 5% of the contract amount of all payments made before the issuing of the certificate ofpractical completion.

10 No interest is to be paid to the Contractoron the retention. The retention fund shall be held by the Employer as a guarantee to the Employer for the completion of the Fifty percent (50%) of the retention fund shall be released to the Contractor on the issuing of the certificate of practical completion, and the remainder on the issuing of final completion on certificate and acceptance of the final of the contract value (clause 32)32F:.. V:.. T:..ItemRecovery of expense and lose (clause 33) 33F:.. V:.. T:..ItemFinal account and final payment (clause 34)34F:.. V:.. T:..ItemPayment to other parties (clause 35)35F:.. V:.. T:..ItemTERMINATION (A35 TO A39) Termination by Employer - Contractor's default (clause 36)36F.