Common use of Specific Preliminaries Clause in Contracts

Specific Preliminaries. 75 Warranties for materials and workmanship Where warranties for materials and/or workmanship are called for, the contractor shall obtain a written warranty, addressed to the employer, from the entity supplying the materials and/or executing the work and shall deliver same to the principal agent on final completion of the contract The warranty shall state that workmanship, materials and installation are warranted for a specific period from the date of practical completion and that any defects that may arise during the specified period shall be made good at the expense of the entity supplying the materials and/or doing the work, upon written notice to do so The warranty will not be enforced if the work is damaged by defects in the execution of the works, in which case the responsibility for replacement shall rest entirely with the contractor F:............................. V:............................ T:............................ Item 76 Overtime Should overtime be required to be worked for any reason whatsoever, the cost of such overtime is to be borne by the contractor unless the principal agent has specifically authorised, prior to execution thereof, that costs for such overtime are to be borne by the employer F:........................ V:.........................T:......................... Item 77 Cooperation of the contractor for cost management It is specifically agreed that the contractor accepts the obligation of assisting the principal agent in implementing proper cost management. The contractor will be advised by the principal agent of all cost management procedures which will be implemented to ensure that the contract value does not exceed the budget F:........................ V:.........................T:......................... Item

Specific Preliminaries. 75 F Warranties for materials and workmanship Where warranties for materials and/or workmanship are called for, the contractor shall obtain a written warranty, addressed to the employer, from the entity supplying the materials and/or executing the work and shall deliver same to the principal agent on final completion of the contract Carried Forward R Bill No. 1 Preliminaries The Council for Geoscience Alterations & Repairs Brought Forward R The warranty shall state that workmanship, materials and installation are warranted for a specific period from the date of practical completion and that any defects that may arise during the specified period shall be made good at the expense of the entity supplying the materials and/or doing the work, upon written notice to do so The warranty will not be enforced if the work is damaged by defects in the execution of the works, in which case the responsibility for replacement shall rest entirely with the contractor F:............................. V:............................ T:............................ Item 76 A Overtime Should overtime be required to be worked for any reason whatsoever, the cost of such overtime is to be borne by the contractor unless the principal agent has specifically authorised, prior to execution thereof, that costs for such overtime are to be borne by the employer F:........................ V:.........................T:......................... Item 77 B Cooperation of the contractor for cost management It is specifically agreed that the contractor accepts the obligation of assisting the principal agent in implementing proper cost management. The contractor will be advised by the principal agent of all cost management procedures which will be implemented to ensure that the contract value does not exceed the budget F:........................ V:.........................T:......................... Item

Specific Preliminaries. 75 Warranties Any special items to meet the particular circumstances of a specific project are embodied in this section. Where required for materials an aspect of the works to be executed according to a design by a consulting engineer, a recital of the headings to the individual clauses of the JBCC Engineering General Conditions are included 100 101 Site instructions Instructions issued on site are to be recorded in triplicate in a site instruction book which is to be maintained on site by the contractor F: :......................... V:............................ T:............................ Black economic empowerment and workmanship training F:............................. V:............................ T:............................ Proprietary branded products F:............................. V:............................ T:............................ Item Item Item 102 Testing of flat roof waterproofing for watertightness Flat roof waterproof areas shall be prepared with small sand xxxxx around them of a size and enclosing an area approved by the principal agent, flooded with water and kept "ponded" for at least 36 hours as a test to ensure the watertightness of the waterproofing and before any further construction work is carried out above the waterproofing F:....................... V:........................... T:............................ Item 103 The contractor shall take delivery of, handle, store, use, apply and/or fix all proprietary branded products in strict accordance with the manufacturers' instructions after consultation with the manufacturer's authorised representative Contract instructions F:............................. V:............................ T:............................ Item 104 Contract instructions issued on site are to be recorded in triplicate in a contract instruction book which is to be supplied and maintained on site by the contractor Labour record F:............................. V:............................ T:............................ Item NO UNIT QUANTITY 105 At the end of each week the contractor shall provide the principal agent with a written record, in schedule form, reflecting the number and descriptions of tradesmen and labourers employed by him and all subcontractors on the works each day of that week Plant record F:............................. V:............................ T:............................ Item 106 At the end of each week the contractor shall provide the principal agent with a written record, in schedule form, reflecting the number, type and capacity of all plant, excluding hand tools used on the works each day of that week Guarantees F:............................. V:............................ T:............................ Item 107 Where warranties for materials and/or workmanship guarantees are called for, the contractor shall obtain a written warrantyguarantee, addressed to the employer, from the entity firm supplying the materials and/or executing doing the work and shall deliver same to the principal agent on final the certified completion of the contract contract. The warranty guarantee shall state that workmanship, materials and installation are warranted guaranteed for a specific specified period from the date of practical certified completion of the contract, and that any defects that may arise during the specified period shall be made good at the expense of the entity firm supplying the materials and/or doing the work, upon written notice from the principal agent to do so The warranty so. This guarantee will not be enforced if the work is damaged by defects in the execution construction of the works, building in which case the responsibility for replacement shall rest entirely with the contractor contractor. The principal agent shall be the sole judge of the cause responsible for defects in the work and his decision shall be final and binding in terms of clause 40.2 of the agreement Overtime F:............................. V:............................ T:............................ Item 76 Overtime 108 Should overtime be required to be worked for any reason whatsoever, the cost costs of such overtime is are to be borne by the contractor unless the principal agent has specifically authorised, in writing, prior to execution thereof, that costs for such overtime are to be borne by the employer F:........................ V:.........................T:......................... Item 77 Cooperation Co-operation of the contractor for cost management F:............................. V:............................ T:............................ Item NO 109 It is specifically agreed that the contractor accepts the obligation of assisting the principal agent professional consultants in implementing proper cost management. The contractor will be advised by the principal agent of all cost management procedures which will be implemented to ensure that the contract value final building cost does not exceed the budget budget. The quantity surveyor undertakes to make available to the contractor all budgetary allowances and cost assessments/reports to enable the proper procedures to be implemented and the contractor will attend all cost plan review and cost management meetings. The contractor undertakes to extend these procedures in regard to all subcontractors Occupational Health and Safety Specification and Acts Requirements F:........................ V:...................................................... V:............................ T:......................... Item............................ Any Contractor must achieve an acceptable level of Occopational Health and Safety performance. Refer to "Project Specification" and "Safety, Health and Environmental Evaluation Questionaire" The contractor to comply with all provisions of the above and to be enforced on all selected and or other sub-contractors, as no claim afterwards will be entertained A comprehensive Contractor-Employee induction and training program will be set in place. Contractor will be be required to provide evidence of specified pre-requisites for all their employees, including the following: • Pre-requisite generic induction training • Pre-placement medicals • Evidence of necessary skills attained and competency • Personal details • Licences/operator permits where required • Reference checks of previous employment and • Signed acceptance to comply with the site rules Medical Surveillance All Employees realted to the project will be subject to annual medical surveillance. Each employee shall: · Complete an Entry Medical at the start of the project · Exit Medical upon completion of the project Only Employees declared medically fit by an approved Occupational Practitioner will be allowed to work on any projects.

Specific Preliminaries. 75 76 Warranties for materials and workmanship Where warranties for materials and/or workmanship are called for, the contractor shall obtain a written warranty, addressed to the employer, from the entity supplying the materials and/or executing the work and shall deliver same to the principal agent on final completion of the contract The warranty shall state that workmanship, materials and installation are warranted for a specific period from the date of practical completion and that any defects that may arise during the specified period shall be made good at the expense of the entity supplying the materials and/or doing the work, upon written notice to do so The warranty will not be enforced if the work is damaged by defects in the execution of the works, in which case the responsibility for replacement shall rest entirely with the contractor F:............................. V:............................ T:............................ Item 76 Section No. 1 Bill No. 1 Preliminaries Carried Forward R Brought Forward R 77 Overtime Should overtime be required to be worked for any reason whatsoever, the cost of such overtime is to be borne by the contractor unless the principal agent has specifically authorised, prior to execution thereof, that costs for such overtime are to be borne by the employer F:........................ V:.........................T:......................... Item 77 78 Cooperation of the contractor for cost management It is specifically agreed that the contractor accepts the obligation of assisting the principal agent in implementing proper cost management. The contractor will be advised by the principal agent of all cost management procedures which will be implemented to ensure that the contract value does not exceed the budget F:........................ V:.........................T:......................... ItemItem 79 Overloading The contractor shall take all necessary steps to ensure that no damage occurs due to overloading of any portion of the works or temporary works eg scaffolding, etc. The contractor shall submit details of his proposed loading, storage, plant erection, etc to the principal agent for approval prior to proceeding with such loading, storing or erecting and shall comply with and pay for the principal agent's requirements in connection with the provision of temporary support work, etc. Any damage caused to the works by overloading shall be made good by the contractor at his sole expense F:........................ V:.........................T:......................... Item Section No. 1 Bill No. 1 Preliminaries Carried Forward R Brought Forward R 80 Propping of floors below The contractor is advised that propping of floors below may be required if he wishes to use any areas of completed suspended reinforced concrete slabs for vehicle access, storage of materials and goods and location of plant, scaffolding, etc. The location of these areas and any necessary propping shall be approved by the principal agent and the cost thereof shall be borne by the contractor F:........................ V:.........................T:......................... Item 81 Testing of flat roof waterproofing for watertightness Flat roof waterproof areas shall be flooded and kept "ponded" for at least forty eight (48) hours as a test to ensure the watertightness of the waterproofing and before any further construction work is carried out above the waterproofing F:........................ V:.........................T:......................... Item 82 Health and safety Without limiting the generality of the provisions of clause 2.0, the contractor's attention is drawn to the provisions of the Construction Regulations issued in terms of the Occupational Health and Safety Act, 1993 as amended. It is specifically stated that the employer shall prepare a documented health and safety specification for the works and that the employer shall ensure that the contractor has made provision for the cost of health and safety measures during the execution of the works. The contractor shall price opposite this item for compliance with the act and the regulations and the reasonable provisions of the aforementioned health and safety specification [2.1]

Specific Preliminaries. 75 62 Warranties for materials and workmanship Where warranties for materials and/or workmanship are called for, the contractor shall obtain a written warranty, addressed to the employer, from the entity supplying the materials and/or executing doing the work and shall deliver same to the principal agent on the final completion of the contract The warranty shall state that workmanship, materials and installation are warranted for a specific period from the date of practical completion and that any defects that may arise during the specified period shall be made good at the expense of the entity supplying the materials and/or doing the work, upon written notice to do so The warranty will not be enforced if the work is damaged by defects in the execution of the works, in which case the responsibility for replacement shall rest entirely with the contractor F:............................. V:............................ T:............................ Item 76 63 Overtime Should overtime be required to be worked for any reason whatsoever, the cost of such overtime is to be borne by the contractor unless the principal agent has specifically authorised, prior to execution thereof, that costs for such overtime are to be borne by the employer F:........................ V:...................................................... V:............................ T:......................... ............................ Item 77 Cooperation Carried to Collection R 64 Co-operation of the contractor for cost management It is specifically agreed that the contractor accepts the obligation of assisting the principal agent in implementing proper cost management. The contractor will be advised by the principal agent of all cost management procedures which will be implemented to ensure that the contract value does not exceed the budget F:........................ V:...................................................... V:............................ T:......................... Item............................ Item 65 Overloading The contractor shall take all necessary steps to ensure that no damage occurs due to overloading of any portion of the works or temporary works eg scaffolding, etc. The contractor shall submit details of his proposed loading, storage, plant erection, etc to the principal agent for approval prior to proceeding with such loading, storing or erecting and shall comply with and pay for the principal agent's requirements in connection with the provision of temporary support work, etc. Any damage caused to the works by overloading shall be made good by the contractor at his sole expense F:............................. V:............................ T:............................ Item 66 Propping of floors below The contractor is advised that propping of floors below may be required if he wishes to use any areas of completed suspended reinforced concrete slabs for vehicle access, storage of materials and goods and location of plant, scaffolding, etc. The location of these areas and any necessary propping shall be approved by the principal agent and the cost thereof shall be borne by the contractor F:............................. V:............................ T:............................ Item 67 Testing of flat roof waterproofing for watertightness Flat roof waterproof areas shall be prepared with small sand xxxxx around them of a size and enclosing an area approved by the principal agent, flooded with water and kept "ponded" for at least forty (40) hours as a test to ensure the watertightness of the waterproofing and before any further construction work is carried out above the waterproofing F:............................. V:............................ T:............................ Item Carried to Collection R 68 Testing of windows for watertightness Each window shall be tested for watertightness with water sprayed on using adeguate pressure. If in the opinion of the principal agent, the pressure proves to be ainadequate, then the pressure shall be boosted by means of compressed aur or other approved means F:........................T:.........................V:....................... Item 69 Broad based black economic empowerment (BBBEE) Tenders submitted will be evaluated taking into account their empowerment rating The employer will be monitoring the broad based black economic empowerment (BBBEE) status of the contractor throughout the execution of the works The contractor is to submit to the principal agent on an annual basis a schedule of spend, split into vendors engaged as subcontractors and suppliers indicating their BBBEE rating including proof of the said rating This clause further extended as follows; A minimum of 30% of the contract value must be utilised in payment of at least one or more of the following: