Contractors Code of Conduct - Jacana Bay Estate

JACANA BAY
RESIDENTIAL ESTATE
HOME OWNERS ASSOCIATION


CONTRACTORS CODE OF CONDUCT


1. INTRODUCTION

The intent of this document is to provide Contractors and Property Owners a guide on what will be expected of them when working at Jacana Bay, thus affording them the opportunity to plan accordingly.

The Jacana Bay Home Owners Association (hereafter referred to as HOA) is to promote, advance and protect the communal interest of its members and consequently to ensure a safe, high quality lifestyle to owners and occupants by managing the appropriate development of dwellings and facilities.

The Articles of Association of the HOA make provision for the establishment of a Code of Conduct for Contractors. Owners are obliged to bring the HOA Rules & Regulations to the attention of the Contractor, since the owner will be held responsible for any contraventions of such Rules.

I. Primary factors that have influenced this manual:

i. Protection of the Residents and Associations assets.
ii. Safety and Security of the residents.
iii. Minimal disturbance to residents.
iv. Maintaining an acceptable aesthetical appearance of the estate.
v. Ensuring the restoration of the estate to its original state.
vi. Offering the Contractors a secure and practical way in which to work.
vii. Ensuring hygiene and cleanliness.
viii. Implement effective billing of services. I.e. water and electricity.


2. CONDITIONS REGARDING BUILDING CONTRACTORS

We appeal to all contractors to familiarize themselves with the location of such “common” services and to ensure that they are protected at all times. Such services are:
Electricity supply.
Water supply.
Sewerage system.
Telephone system, which in certain instances includes telephone jointing pits. Such pits must be kept free of material and water at all times.
Intercom system.
Irrigation system, which is located very close to the surface of the ground level and as such is exposed to potential damage.


I. Registration of contractors

All contractors are to register with the HOA and at the Gatehouse Security Desk, verifying the relevant stand number they will be involved in building activities, and the expected building period. They will be issued Jacana Bay Access Cards on completion of identity validation.


II. Registration of Construction Workers & labourers

No persons may enter the site without a valid Jacana Bay Access Card.

Registration of workers is done at the Gatehouse or ‘Contractors Gate’ (Adjacent stand no. 1) prior to commencement of any works on site. Workers with acceptable means of proof of identification will receive an individually coded security card that will allow limited access to the Estate. (Contractors cards will be ‘locked-down’ for after-hour periods and/or at the discretion of the HOA, pending an investigation, or similar). Temporary workers are discouraged but we accept are part of the labour profile. Such workers will be granted daily Access Cards in exchange for an SA Identity document only.

Workers are registered for a specific building site and are hereby restricted to that site only. Should workers be involved in building operations on more than one site, special permission must be obtained for movement of workers between sites.

All workers must have their Jacana Bay Access Cards on person at all times whilst inside the estate. Random checks by security will be carried out and any persons not in possession of Access cards will be removed from the Estate immediately.


III. Contractors Gate

In order to reduce damage to the paving and road gulley details a ‘Contractors Gate’ has been established adjacent to stand no. 1, with access directly off Dr. Kolbe Drive. All Heavy deliveries of bricks and cement will be off-loaded at this site and ‘ferried’ to individual properties with lighter vehicles.


IV. Delivery Vehicles/ short term sub-contractors

Access to Jacana Bay for small delivery vehicles and short term sub-contractors will only be allowed after signing of an access register. The HOA reserves the right to refuse access to vehicles that previously exceeded the speed limit, or caused damage to HOA assets.




V. Limited Access for Construction

Access for Building activities, as well as for the delivery of building materials, will only be allowed during “Building Times” as set out below.


VI. Building Times
Weekdays 07h00 - 18h00
Saturdays 07h00 - 13h00

Note: Time falling outside of those specified above, as well as public holidays and Sundays are considered “Private Time”; Construction not permitted.


3. BUILDING ACTIVITIES & RULES

I. Water and Electrical Meters

It should be noted that electricity and water is supplied to the development but Contractors/Owners must make application to the local Authority for “New Consumer Services” as well as application to the HOA for the installation of meters, prior to site handover to the Contractor. The HOA has entered into an agreement with a private company to install and read all meters monthly on behalf of the Municipality.

Any damage to these services during construction will be for the account of the owner/contractor.

· The water meter will be read on a monthly basis and as such must be accessible and clearly visible at all times.
· Mark the location of the water meter with a red flag, which is to be mounted on top of a two-meter pole.
· Ensure that this flag is always clearly visible to those contractors who are making deliveries to the site.

The cost of the water and electric supplies that are located on the “Sidewalk” areas (including irrigation network) is strictly for the use and account of the HOA and as such is NOT for use by contractors under any circumstances. Contravention of this rule will result in a minimum fine of R1000.


II. Toilet facilities

The Contractor must provide toilet facilities prior to the commencement of any building activity. The Jacana Bay HOA has the right to interrupt work where no toilet facilities are provided and request the removal of all personel from site until the facilities have been provided.

Such facilities are to be located on the boundary that is furthest from the internal road and where possible to be connected directly to the main sewerage system, failing which chemical toilets are to be used and as such cleaned on a regular basis.

In terms of Local Authority regulations the minimum requirements for toilets are:
· The enclosure shall be a stable structure with a door permanently attached.
· Each stand shall have its own toilet and furthermore a toilet shall be supplied for every 15 workers.

Toilet facilities may be shared between building contractor’s providing that such contractors are working on adjoining sites.

Only conventional toilet paper is permissible with water-borne sewerage connections.


III. Contractors watchmen

Due to small scale of the development No watchmen will be permitted on site during Private time. (Includes after hours).


IV. Sign boards

i. No contractors, agents or suppliers signboards may be erected anywhere on or immediately outside the Estate boundaries.
ii. One SAIA building board may be erected within the boundaries of the property. The board must be removed within 14 days after the issue of certificate of Practical Completion.


V. Building Rubble

i. The Owner confirms that he/she has inspected the site (and immediate neighbouring sites and sidewalks) and confirms that they are free of building rubble.
ii. The removal of building rubble from these areas is a pre-requisite to the issuing of the HOA Occupation Certificate.
iii. The owner is responsible for the continuous removal of rubble, rock and unwanted soil during construction.
iv. No rubble or rock may be stockpiled on adjacent stands to await collective material at the completion of construction.
v. Each Building site must have a temporary refuse bin for the collection of plastic, cement bags etc.
vi. Rubble and the contents of refuse bins must be removed from the Estate on a continuous basis to prevent the spreading of bags and papers.
vii. No rubble or waste to be burned on site.

VI. Excavation:

· Soil that is removed during the excavation phase can be stored on site until such time that the construction has reached ground floor level, where after any excess soil must be removed from the complex within 14 calendar days.
· Soil that is removed and stored must be kept damp this ensuring minimal dust.
· We caution that excavation vehicles should not be overloaded resulting in difficulties in exiting the estate or damaging the roads.
· No large double-axle trucks to remove rubble.



VII. Delivery and storage of materials:

Site no.1 (and/or 19) have been allocated as storage depots. All large deliveries including bulk brick and cement bag deliveries to be unloaded on this site and ferried with smaller transport to individual stands. The construction gates at these points will only be manned for the delivery of large loads. All other (smaller) deliveries may utilize the main access gate.

All Deliveries will be restricted to the hours as laid out in the “Building Times”.

Delivery vehicles will be granted access to the estate subject to:
· A representative of the contractor being available to accept the delivery.
· Presentation of a delivery note, which reflects the site at which the delivery is to be made.
· Jacana Bay Security Guards are not permitted to sign for acceptance of any deliveries.
· Space being available, in the areas permitted, for the storing of materials.

Materials can be stored on the relevant building site and the pavement area immediately in front of the site. Under NO circumstances will storage of material be permitted on:
· Adjoining properties, even with the owner’s permission.
· Common areas such as the internal road.
· Any area directly opposite the relevant building site.
§ On-top of the water meter and/or telephone jointing pits.
§ In the road water gulley or pavement areas.
Materials are to be stored at a distance of no less than three meters from the boundary of the estate to avoid creating a potential breach of security.

VIII. Vehicle limitations:

The following vehicles will not be granted access to the estate:
· Contractor’s employee’s personal vehicles.
· Multiple trailer vehicles.
· Any vehicle that the appointed representative of the Association believes will be unable to negotiate the turning circle at either end of the development or at the main entrance.
· Any vehicle that is not sufficiently roadworthy, and/or overloaded and as such is a potential danger to the residents and their assets.
· “Metal Track” driven vehicles
Only double axle vehicles for the pouring of concrete will be permitted on the roads within the estate, subject to the following:
That the Jacana Bay appointed Building Caretaker, Mr./Mrs. ___________________, is to be advised of dates and times that a contractor intends to pour concrete thus ensuring that he/she is available to oversee such.

IX. Security:

PWV Security Company have been appointed as the security organization for the development. Their duties include access control, roaming and night guarding. They have been instructed to oversee the enforcement of all HOA Rules and Regulations.

· The contractor is to appoint a “supervisor” who is to be available on site at all times during construction hours.
· The contractor must submit a letter to the HOA confirming the appointment of the said supervisor.
· Contractor’s employees are to convene area at the Contractors gate from where they are to be signed in by the contractor’s supervisor. (Temporary employees are to submit their personal ID document in exchange for a Jacana Bay Access Card). On leaving the complex the exchange of ID documents will be reversed.
· Contractors and their employees are restricted to their respective building sites, and as such are not permitted to lobby for work from existing residents.

X. Specific Rules for Contractors

Due to the diverse landscaping on the Estate and the introduction of costly and sensitive lake ecosystems it has become necessary to impose strict control of all labour and activities on site. The following are specific rules that apply primarily to the stands south of the lake system, but shall be enforced on all stands. These Rules must be obeyed at all times:
i. Contractors to erect a temporary fence preferably shadecloth or 1.2m bonnox or similar, up to 1m outside the boundary, prior to any construction or delivery of materials to that site. This to prevent direct pedestrian access to the landscape and spillage of materials onto landscaped areas and into lakes.
ii. Contractor to dig a trench (min 500mm deep) on the lowest part of each site to collect excess runoff of cement mixes etc. This is to collect and inhibit contaminated water from depositing into the lakes during periods of high rainfall.
iii. Contractors must be aware that areas of open ground that may look like veld are in fact part of the landscape plan and numerous sensitive species of plants and bulb have already been planted in such areas. No driving, dumping or access is permitted in these common areas.
iv. All open areas around all lakes are strictly out of bounds to contractors and workers. Access to and use of the lakes water in any way will result in an immediate fine of R1000. (No washing of paint-brushes/ trowels/ tools/ clothes etc).
v. Certain areas of the Estate (Lakes, water tanks, borehole, pumps etc) will have temporary fencing. Areas behind such fences are deemed out of bounds and any workers or contractors found in such areas will be fined or removed from site immediately.

XI. Recommendations to Owners to protect your own interests:

The following are a few recommendations:
i. Ensure that your contractor/’s, their sub-contractors, and their respective employees are aware of these rules and regulations, failing which you could find your contractor claiming additional costs.
ii. Before starting to build, locate and mark main connection points, such as sewerage, telephone, electrical and water points. This is of particular importance when planning to do excessive filling bearing in mind that most major points are located approximately one meter below the original ground level.

iii. Familiarize yourself with the location of the “Common services”. This is of particular importance during the excavation phase.
· Please note that it is the owner’s responsibility to locate such points and NOT the Associations.
· The Association does have records of such connection points, which will be made available on request. Such records only reflect the approximate position of the point and not the depth of the point, below ground level.

iv. Familiarize yourself with any “special servitudes” such as the main storm water drains that carry storm water from the Internal roads, through the estate, to the bottom of the site. These servitudes run along certain boundaries and if damaged can be costly to repair.

v. Install a temporary electrical distribution board on site.
· For public protection the distribution boxes, which are located on the “sidewalks”, are locked at all times and as such may only be accessed by a HOA/council representative. Considering this we strongly recommend that one installs a temporary distribution box with earth leakage protection thus giving added protection and control over the supply, this is especially important when using machines such as “arc welders” which have a tendency to “trip” the main switch.

XII. Most common infringements:

Previous experience has shown that the most common infringements of the Association rules that result in complaints from residents, resulting in the Association having to take action against a contractor, are the following:

a Delivery vehicles failing to negotiate the turning circle at the construction gate resulting in costly repairs to the gate/ circles.
b Damage to common properties especially delivery vehicles causing damage to the irrigation system and main water supply, resulting in major disruptions to the remaining residents and in certain instances costly repairs to other residents geysers where soil has got into the system during repairs.
c Untidy building sites, especially papers and plastic bags that are left lying around which are blown onto surrounding properties.
d Sites that are left untidy over weekends.
e Old food containers such as milk cartons and plastic bags left lying around.
f Excessive noise.
g Contractor’s employees failing to use toilet facilities. Employees not complying with this ruling face the possibility of being permanently banned from the Estate.
h Delivery vehicles dumping materials on adjoining properties or partially in the road.
i Unsupervised sites, and attempted deliveries after hours, resulting in deliveries being turned away.
j Owners not advising their contractors of the rules resulting in additional costs to the owner.
k Owners failing to advise ALL contractors of the rules, especially those that are contracted in the latter part of the construction phase such as painters, tillers, carpenters and garden landscapers.
l Owners failing to ensure that there is a single person responsible for all contractors resulting in contractors accusing each other. The association will not involve itself in such disputes but reserves the right to stop all construction until such a potential problem has been resolved.

XIII. General
i. The stand owner shall be held liable for the behaviour and conduct of his/her visitors, contractors and employees. Should the road surface, kerbs, water gullies, manhole covers, irrigation equipment or any other HOA asset be damaged by visitors, contractors or delivery vehicles, the cost and repair thereof will be claimed from the owner.
ii. The owner, visitors, contractor and all other parties must adhere top the speed limit of 30 km/h.

4. BUILDING DEPOSIT
i. No building works may commence before the agreed building deposit has been paid and this undertaking signed.
ii. The building deposit paid will only be refunded once all construction activities have been completed to the satisfaction of the HOA. The HOA may, to their discretion, apply part of or all of the deposit to correct items or recover damage.

5. CONFLICT
Should a contradiction arise between the stipulations of these rules and either the stipulations in the and the Articles of Association or HOA House Rules, the Articles then the House Rules then these rules will take preference and Members will be obliged to amend these Rules to bring them in line with the Articles/House Rules.

6. CONCLUSION

The Jacana Bay Home Owners Association will endeavor to assist contractors and owners in ensuring the most cost effective and least disruptive manner in which to work. The association can really only assist if we are aware of concerns and as such we appeal to contractors and owners to work with us to achieve an excellent working relationship bearing in mind that the Association’s primary objective is to protect the safety and assets of the residents, and in the process to ensure an aesthetically and pleasing environment for the residents to live in.

The best advise that we can offer to owners and their contractors is to respect the property of other residents which includes the environment in which they live. They have acquired property at Jacana bay for the exquisite setting, tranquility, security, and unique landscape which, if disturbed, can cause conflicts.

All parties are keen to have the Estate developed as quickly as possible and as such will be tolerant providing that it is within reason, they look to the Board of Directors, who’s services are on a voluntarily basis, to enforce the Articles of Association and as such the Board appeals to all concerned to work within the parameters of these rules, in return for which we can assure you that you will have our total support at all times.

Work with us to achieve and maintain our vision.


JACANA BAY – CONTRACTORS CODE OF CONDUCT – RETURN FORM.
(To be completed in Full prior to Site Handover)


We hereby confirm that we are conversant with Jacana Bay Contractors Code of Conduct and undertake to comply with the same, and associated documents. Furthermore we agree that the building deposit may be utilized for items as described and that no claim will be lodged against the HOA for work interrupted due to non-compliance of the Rules and Regulations as listed.


STAND NUMBER: ______________


Signed at _____________________on this _______day of ________________2005






__________________ ______________________ ____________________
OWNER NAME WITNESS





__________________ ______________________ ____________________
CONTRACTOR NAME WITNESS



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