BUILDING CONTRACTOR AGREEMENT STATUTORY ASSOCIATION DOCUMENTATION
THORN VALLEY RESIDENTIAL ESTATE : RULES AND GUIDELINES BUILDING CONTRACTORS Introduction 1. These Rules and Regulations are designed to ensure a high quality, secure and harmonious environment and lifestyle for the Owners and Residents of Thorn Valley Estate. In order to attain these objectives it is necessary for each Owners and Resident to honour and abide by these Rules 2. The Rules and Regulations have been established in terms of the Memorandum and Articles of Association of Thorn Valley Estate Home Owners Association (TVEHOA). They are binding upon all Owners, residents and occupants of the Estate, as is any decision taken by the Directors in interpreting these Rules 3. It is the obligation of all Owners of any property in the Estate to ensure that these Rules are abided by the Owner, resident or occupant of the Owner s property or present on the Estate, whether such be as family members, employees, tenants, visitors or friends 4. These Rules may be changed by the Directors of the TVEHOA from time to time and are binding on each Owner and resident of the Estate 5. The conditions stipulated in any of the individual documents that comprise the overall Rules and Regulations of the TVEHOA, such as these individual Building Contractor Rules, shall be regarded as having been incorporated in the Rules and Regulations and will similarly be binding on all Owners and residents of the Estate BUILDING CONTRACTOR AGREEMENT SPECIFICS STAND NUMBER : SALES NUMBER : This Agreement is between: The Thorn Valley Estate Home Owners Association The Owner (employer) And the Main Contractor (Jointly hereinafter referred to as the Parties) Nomenclature: TVEHOA Estate Contractor Security Thorn Valley Estate Home Owners Association Thorn Valley Estate Main Contractor or a Sub Contractor doing work on the stand (number given above) Thorn Valley Estate Security Preamble: The rules set below cover the Owner, main contractor, and all sub contractors, suppliers, and specialists engaged on the works, but it is stressed that Owner and main contractors are to ensure that all parties adhere to all the Rules of the Estate and all building regulations. TVEHOA : Rules & Guidelines (updated) Page 2 TVEHOA : Building Rules & Guidelines (June 2010)
BUILDING CONTRACTOR CONDUCT RULES AND REGULATIONS These Conduct Rules and Regulations are applicable to all Building Contractors, Sub- Contractors and Suppliers operating within the Estate As the building within Thorn Valley Estate will be conducted over a period of time, the following rules and regulations have been formulated for the benefit of the residents Any contravention of the Estate security and access control rules and protocols will be severely dealt with by the TVEHOA. Depending on the nature of the circumstance, such contravention could lead to the suspension of the building works and a barring of access onto the Estate Only accredited Building Contractors will be permitted to contract at Thorn Valley Estate. All builders must be members of M.B.A., N.F.B.A.S.A or B.I.F.S.A. All Building Contractors must submit references and proof of memberships, etc., to such association Summary 1.0 Prior To Commencement 1.1 All building plans must be approved both by the TVEHOA and the Local Authority 1.2 All statutory fees and deposits must be rendered. Note : Deposits will not be interest bearing 1.3 The building contractor must sign acceptance of the Building Code Of Conduct and the Security Protocols 1.4 A Chemical WC Facility must be installed on site. This facility should be located to the rear of the site and generally screened off from public view 1.5 The permanent stand water and sewer connections must be installed. Temporary water connections to fire hydrants, even by way of an approved water meter, are not permitted 1.6 The Builder s Board must be erected and displayed at all times and maintained in good order 1.7 No other display boards will be permitted 1.8 Building sites require to be screened off on three sides, either to a height of 1.80 meters and maintained for the duration of the works, or alternatively by the immediate construction of the permanent site boundary walls 1.9 Change facilities or rest areas for the workforce must be properly screened off and builder s staff must not change or wash in public on site 1.10 The building contractor must establish liaison channels and communication formalities with the Managing Agent 1.11 Contractor s workers shall be required to deposit an acceptable original identity document at security upon entry daily and receive the same back on exit. Workers without valid documentation can be issued with an Estate ID for R150.00 per card, which will take up to 5 working days to issue 1.12 All contractor s workforce will require to be transported to and from each individual site in the Estate and no wandering shall be permitted 1.13 All labourers engaged on the works must be in the full-time employ of the building contractor TVEHOA : Rules & Guidelines (updated) Page 3 TVEHOA : Building Rules & Guidelines (June 2010)
1.14 Estate Security is permitted to request that any contractor or his workforce produces identification, where on failure to do so, such parties shall be denied access and a fine shall be issued. 1.15 General background security checks may be undertaken from time to time on contractors and their workforce to eliminate the possibility of wanted criminals working on the Estate. By signing this Agreement, the parties authorize, without exception, the Estate Manager, Estate Security and others to conduct such checks if so required. 1.16 A formal site inspection shall be convened between the Estate Manager, the Owner and the building contractor. As part of such protocol, the subject site, all adjacent vacant sites, the immediate roads, services and sidewalks shall all be photographed and a record of the status of all recorded before the commencement of building activities. 1.17 At the site inspection, the Owner and building contractor shall submit signed off copies of the various protocols, procedures, rules and guidelines of the Association as applicable at the time of commencement of construction activities. 2.0 During Construction 2.1 Construction Hours : Weekdays 07h00 am 18h00 pm Saturdays : Not Applicable- No Work Permitted No Construction is permitted on Sundays and Public Holidays 2.2 Should there be a necessity to pour concrete that requires an extension to the prescribed working hours, the Managing Agent must be notified one day in advance to take the appropriate action necessary. 2.3 The workforce must be transported to the individual site and the workforce is not permitted to walk or roam around the general Estate at any time. 2.4 All sites must be kept neat and tidy at all times. 2.5 No builder s employees shall be permitted to remain on site in any watchboy or guarding capacity. 2.6 No storage of builder s materials will be permitted on the road reserve or sidewalk of the property. 2.7 Builder s storage sheds and containers must only be located within the property and must not be located on the sidewalk, or adjacent property, and may only be permitted on site during actual construction activities. No sheds, containers, or similar shall be permitted to be located on vacant or completed stands after construction activities. 2.8 Access for all personnel and deliveries is via the Stoneridge Gate House only. 2.9 If deliveries are required to be dumped on common property or adjacent stands for whatever reason, they must be cleared before the end of the working day. 2.10 No articulated trucks will be permitted on the Estate, save for timber roof truss deliveries and furniture removal vans. 2.11 Deliveries must be restricted to a maximum load of 6 cubic meters or 5,000 Bricks. 2.12 Only authorised vehicles shall be permitted access to the Estate 2.13 Contractor s vehicles shall not be permitted to park or be left unattended in the roadway and must be parked in such a manner as to provide unrestricted access along the roads of the Estate. 2.14 Any damage incurred by a contractor s or delivery vehicle anywhere within the Estate shall be for the responsibility and liability of the Owner. TVEHOA : Rules & Guidelines (updated) Page 4 TVEHOA : Building Rules & Guidelines (June 2010)
2.15 Any vehicle entering the Estate must be in a roadworthy condition. Contractors must advise all deliveries of this and all other restrictive rules in order to avoid delays, denial of access and any cost implications associated with the same. 2.16 Mechanical repairs to vehicles or the washing down of vehicles is not permitted. 2.17 Estate Security have the right to inspect any vehicle. 2.18 The speed limit for construction vehicles within the Estate is 25 km/h and must be observed at all times. Fines shall be imposed on any transgressions to the Association Rules. 2.19 Illegal dumping of spoil/rubble shall incur a fine of R2,000 per week until removed. 2.20 Contractors will be held responsible for the cleanliness of adjacent stands. 2.21 Roads, pavements and sidewalks to be kept clear and clean at all times. 2.22 Road cleaning must be undertaken after dirty operations on site such as bulk earthworks, etc. 2.23 No concrete, cement, plaster or other building materials may be stored temporarily or mixed on any of the roadways, kerbs and pavements, nor the washing down of such mixtures into the stormwater reticulation systems of the Estate. 2.24 Contractors are liable for any damage to roads, water, sewer and electrical reticulation, telephone lines, pavements, manholes, landscaping, streetlights and any other services damaged whilst works are in progress. 2.25 Contractors observed driving dangerously or in excess of the estate speed limit will be removed from the estate. 2.26 Facilities for the temporary storage and disposal of rubbish must be provided. No rubbish shall be burnt or buried and no incidental rubbish such as cement bags, waste material from the works, etc., is to be left lying around. 2.27 No fires will be permitted for cooking facilities by the workforce. 2.28 Stockpiles of material or fill must be stored neatly and without hindrance of the sidewalk. 2.29 No firearms or dangerous weapons are permitted on the Estate at any time. 2.30 Liquor and drinking thereof is not permitted on the Estate at any time. 2.31 The main contractor is responsible for all aspects of the Occupational Health and Safety Act and for all labour, sub-contractors, specialists, etc., and the general safety of the building site. 2.32 A Completion Clearance Certificate is required after an on-site inspection prior to the release of any statutory deposits. 2.33 The attention of all engaged on a building site is drawn to the Association disclaimer displayed at the entrance. 3.0 Penalties Note : Penalties shall be levied by the TVEHOA to the Owner and not to the building contractor or his agents. It is the responsibility of the Owner to recover such penalised amounts from the building contractor Refer to separate Fines & Penalties Schedule TVEHOA : Rules & Guidelines (updated) Page 5 TVEHOA : Building Rules & Guidelines (June 2010)
4.0 General 4.1 It is the responsibility of the Owner to timeously advise the TVEHOA of the requirement to commence building activities, copy all approvals to the TVEHOA, render all statutory payments and deposits, provide full details of the building contractor, etc. 4.2 Detailed instructions shall be made available by the TVEHOA to the building contractor and he must sign acknowledgement and acceptance of the Rules and Guidelines of the Estate 4.3 The building contractor must be inducted regarding the security and access control protocols of the Estate and must sign acknowledgement and acceptance of the same Only the dedicated Gate House for contractor s access will be the permitted point of ingress and egress to and from the Estate 4.4 The Owner is aware that Thorn Valley is a secure Estate and that at all times he, the building contractors and his agents, shall adhere to the rules of the Estate and agrees to co-operate with the Estate in the interests of maintaining security, etc 4.5 The TVEHOA will not take or be responsible for any tools, equipment and machinery taken out of, or delivered into the Estate 4.6 Should the Association have any concern with the conduct of the building contractor, his sub-contractor or his suppliers and any of their employees, the Association may rectify as deemed necessary and/or reserve the right to suspend building activity either indefinitely or until such undesirable conduct is rectified, which it may do at any time and without any notice, and without recourse from the Owner and/or building contractor and/or sub-contractor, and/or supplier 4.7 Housekeeping 4.7.1 The site must be kept as clean and tidy as possible at all times. It is reiterated that no storage is permitted on the roadway, pavement or sidewalk 4.7.2 No mixing of materials is permitted in the same areas. The building contractor will be held responsible for any materials delivered and off-loaded in prohibited areas 4.7.3 The building contractor will be held responsible for the removal of any building materials or rubble that may have been washed or moved onto the roadway 4.7.4 The building contractor will be held responsible to ensure that the roads and the vicinity of the site are kept neat and tidy at all times, including materials, mud or spoil being driven or dropped onto the road or sidewalk 4.7.5 The building contractor will provide adequate facilities for the storage and removal of rubbish. No burning shall be permitted and sites must be subject to a thorough clean at the end of each working day 4.7.6 The building contractor must ensure that the workforce makes use of the ablution facilities and does not make use of common areas instead 4.7.7 The building contractor must take special care in the handling, disposal and cleaning of sensitive building products, such as paint, tile grout and adhesive, cement and rhinolite plaster, chemicals, oil and fuel. 4.8 Construction Clearance Certificate. The TVEHOA shall only issue a Certificate of Completion after the site has been entirely cleaned of rubble, surplus builder s materials, etc and is impeccably clean and tidy, with the verge re-instated, all municipal services restored as required and the entire building works completed and handed over to the Owner. TVEHOA : Rules & Guidelines (updated) Page 6 TVEHOA : Building Rules & Guidelines (June 2010)
4.9 Construction Clearance Inspection. A formal inspection of the completed works requires to be scheduled at the request of the registered Owner, where the Occupation Certificate as issued by the Building Inspectorate must be copied to the offices of the Managing Agent before the inspection can occur. At that time and after issue of the Completion Certificate a reconciliation of the member s levy account shall be conducted by the TVEHOA and any balance still owing from the initial deposit credited against the Member s levy account or formally refunded. 4.10 Occupation. Registered Owners are advised that no occupation of a completed or semicomplete dwelling is permitted under any circumstance until after the issue of the Association Completion Certificate. 5.0 CONTACT DETAILS (In Capitals) 5.1 Owner 5.1.1 Name : 5.1.2 Physical Address : 5.1.3 Postal Address : 5.1.4 Telephone : Cell : E-Mail : Fax : 5.2 Contractor 5.2.1 Name : 5.2.2 Physical Address : 5.2.3 Postal Address : 5.2.4 Telephone : Cell : E-Mail : Fax : TVEHOA : Rules & Guidelines (updated) Page 7 TVEHOA : Building Rules & Guidelines (June 2010)
ACKNOWLEDGEMENT The Fines & Penalties Rules & Guidelines document and all its contents have been read and are fully understood. We, the Building Contractor and Owner, undertake to comply with all the contents of this document in addition to any further controls, which may be instituted by the TVEHOA from time to time in the form of a written notification and to ensure compliance by any sub-contractors employed by the contractor, and any suppliers to either contractors, sub-contractors or owners. Necessary action shall be taken on all transgressors of the above rules and regulations. _ Owner Contractor _ Name Name & signatory _ Witness Witness _ Date Date Stand No:. (As per surveyor general plan) Name of Contracting Company Tel: Tel (B) Fax: Tel (H) Cell No Cell No TVEHOA : Rules & Guidelines (updated) Page 8 TVEHOA : Building Rules & Guidelines (June 2010)