BUILDING CONTRACTORS; SUB-CONTRACTORS

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BUILDING CONTRACTORS; SUB-CONTRACTORS
BUILDING CONTRACTORS;
     SUB-CONTRACTORS
             &
SERVICE PROVIDERS PROTOCOL
          OBLIGATION AGREEMENT

                   FOR ALL PHASES OF THE SIMBITHI ESTATE
                              REVISED EDITION – JUNE 2008

                      (This document supersedes all previous editions)

A COPY OF THIS DOCUMENT MUST BE GIVEN TO THE BUILDING CONTRACTOR AT EACH SITE HAND OVER.
                           PAGE 19 TO BE RETAINED BY SEEHOA.

                                                                                           1
BUILDING CONTRACTORS; SUB-CONTRACTORS
INTRODUCTION
   Only Professional Building Contractors registered with the National Home Builders Registration Council and/or
    the Master Builder’s Association, with an acceptable track record will be considered as accredited Building
    Contractor’s on Simbithi Estate. This accredited list will be reviewed from time to time at the sole discretion of
    the SEEDRC and SEEHOA.

   All applications to be accepted onto the Simbithi accredited list of Building Contractors are to be submitted in
    accordance with the criteria as set out below.

   Once fully accredited, the Building Contractor must be available to tender on all other projects on all phases of
    the Simbithi Estate and, if the Building Contractor has not received a commission for any other building projects
    on the Estate, other than the current project, for a period of six months, the Building Contractor will be
    considered dormant, and be removed without notice from the list of accredited Building Contractor’s. [ Please
    note that in certain instances a building contractor will not be fully accredited and will only be permitted to
    complete one specific project. In this case the contractor will not be permitted to tender on any other work on
    the Estate ].

   SEEHOA reserves the right to refuse any building contractors application to be accredited.

                                                   INDEX
Acceptance criteria.                                                                                        Page 3
Clause 1.0      Introduction.                                                                               Page 4
Clause 2.0      Procedure.                                                                                  Page 4
Clause 3.0      Site Hand Over.                                                                             Page 4
Clause 4.0      Site Camp and Site Establishment.                                                           Page 6
Clause 5.0      Building Site Fencing.                                                                      Page 6
Clause 6.0      Construction Period.                                                                        Page 7
Clause 7.0      Construction Signage.                                                                       Page 7
Clause 8.0      Litter and Refuse Control.                                                                  Page 9
Clause 9.0      Vegetation.                                                                                 Page 10
Clause 10.0     Storm Water and Erosion Control.                                                            Page 10
Clause 11.0     Work Hours.                                                                                 Page 10
Clause 12.0     Security.                                                                                   Page 11
Clause 13.0     Behaviour.                                                                                  Page 12
Clause 14.0     Supervision on site.                                                                        Page 12
Clause 15.0     Access to the Estate and use of Roads / Damage to Estate property.                          Page 12
Clause 16.0     Parking.                                                                                    Page 13
Clause 17.0     Storing of materials.                                                                       Page 14
Clause 18.0     Toilet and Ablution Facilities.                                                             Page 14
Clause 19.0     Final Clean up and Completion.                                                              Page 15
Clause 20.0     Insurance.                                                                                  Page 15
Clause 21.0     Exterior Coatings.                                                                          Page 15
Clause 22.0     Neighbouring Properties and Estate Land.                                                    Page 15
Clause 23.0     Approved Plans (Drawings).                                                                  Page 15
Clause 24.0     Deviation from Approved Plans.                                                              Page 15
Clause 25.0     Breach of Agreement.                                                                        Page 15
Clause 26.0     Environmental Management.                                                                   Page 16
Clause 27.0     Historical and Archaeological.                                                              Page 16
Clause 28.0     Noise.                                                                                      Page 16
Clause 29.0     Dust and Air Pollution.                                                                     Page 16
Clause 30.0     Skills Training.                                                                            Page 17
Clause 31.0     Maintenance and Damage Levy.                                                                Page 17
Clause 32.0     Security Levy.                                                                              Page 17
Clause 33.0     Non Waiver.                                                                                 Page 17
Clause 34.0     Variations.                                                                        `        Page 17
Clause 35.0     Earthworks completion                                                                       Page 17
OBLIGATIONS AGREEMENT (CONTRACTOR’S COPY )                                                                  Page 18
OBLIGATIONS AGRREMENT (SEEHOA COPY )                                                                        Page 19

                                                                                                                    2
BUILDING CONTRACTORS; SUB-CONTRACTORS
BUILDING CONTRACTORS & OWNER/BUILDERS ACCEPTANCE CRITERIA

FOR ANY PERSON TO BUILD ANY STRUCTURE ON THE ESTATE, THEY MUST SUBMIT THE FOLLOWING
DOCUMENTATION AND OBTAIN THE APPROVAL OF THE SIMBITHI ECO-ESTATE HOME OWNERS ASSOCIATION.

They must,

1. In the case of a professional building contractor, be registered with the Master Builders Association and/or
   National Home Builders Registration Council. (Copies of current MBA and/or NHBRC registrations
   required);

2. In the case of a professional building contractor, provide proof of qualifications in building and construction;

3. In the case of an Owner/Builder, be registered with the National Home Builders Registration Council. (Copy
   of the NHBRC registration required);

4. Be registration with Workman’s Compensation. (Copy of current registration number and details required);

5. Have a minimum of R 1, 000,000.00 Public Liability Insurance cover. (Copy of insurance details and cover
   required);

6. Provide a detailed CV or Company Profile together with references;

7. In the case of a professional building contractor, is a registered business. (Proof of registration required).

8. In the case of a professional building contractor, provide proof of NHBRC registration new dwellings
   constructed during the past 3 years, and traceable references to these completed projects.

Please note that:

       If an Owner/Builder, then only one residential dwelling may be constructed, following which a separate
        application must be submitted to SEEHOA to be considered for placement on the accredited list of building
        contractors to construct any further residential dwellings. The Owner/Builder accreditation will be subject to
        the compliance with all the Building Contractor’s Protocols and Estate Rules.

       All Building Contractors and Owner/Builders must employ the services of an accredited Architect on the
        SEEHOA list of accredited Architects.

       Failure to secure contracts for continual construction of any buildings on the Estate, or if the building
        contractor does not carry out any work for a period of six month, then the contractor will be considered to
        be dormant, and will be removed from the accredited list and will not be allowed to do any further work on
        the Estate.

       In the interest of local Community development, local labour must be employed wherever possible and a
        skills training programme must be implemented. (Details of labour force, staff, and training programme
        required).

       On completion of each project the finishing standard and quality of the structure will be assessed, and
        should the Owner/Builder or Building Contractor’s work not be acceptable in respect of Simbithi Eco-
        Estate’s standards and quality, then in the interest of the Estate and the Home Owners, the Owner/Builder
        or Building Contractor will not be permitted to do any further construction on the Estate.

       All Building Contractor and Owner/Builders will pay a monthly non refundable maintenance and damage
        levy for each of their sites for the duration of the construction period, from date of site hand over until date
        of completion of the specific site.

Please note: Meeting with all the criteria of acceptance does not constitute automatic acceptance. SEEHOA
must be absolutely assured and satisfied that the persons applying for accreditation will not be a safety
and/or security risk to the Estate and the residents on the Estate.

Please Note: All sub-contractors and service providers must be registered with SEEHOA and must sign a
sub-contractor’s/Service Provider Agreement Protocol with SEEHOA prior to being permitted onto the
Estate.

                                                                                                                      3
BUILDING CONTRACTORS; SUB-CONTRACTORS
THE CONTRACTOR’S OBLIGATIONS
1.0   INTRODUCTION.                                             criteria in Clause 3.5 have been addressed,
                                                                and at least 3 working days prior to when the
1.1   All Contractors working on any of the phases              anticipated site hand over meeting is
      on the Simbithi Estate are to acquaint                    required.
      themselves thoroughly with this document
      and any revised edition, and are to sign          3.4     During the 3 working days prior to the
      acceptance of the same prior to the                       anticipated site hand over date requested,
      commencement of any work on the Estate.                   SEEHOA will verify all documentation and
                                                                building plans, and confirm the site hand
1.2   The manner in which a site is prepared prior              over date and time.
      to the commencement of construction will
      have more impact on the environment than          3.5     The site hand over meeting must be
      any other stage of the development.                       attended by the following persons:
      Adherence to the following protocol is
      imperative.                                                  The appointed accredited Architect and
                                                                    the appointed accredited Principal
1.3   The Principal Building Contractor will be                     Agent/Project Manager.
      required to sign an Obligations Agreement at                 The SEEHOA representative (The
      each site hand over.                                          Building Control Manager or the Estate
                                                                    Manager).
2.0   PROCEDURE.                                                   The      SEEHOA        Landscape       and
2.1   The client’s appointed Principal Agent, is to                 Environmental Manager.
      submit a written request for consent to clear                The appointed accredited Environmental
      and establish the site to SEEHOA                              Officer for the site. This is applicable to
      Management a minimum of 7 working days                        PUD sites only.
      prior to the anticipated site handover                       The appointed accredited Principal
      meeting, and at that stage, provide the                       Building Contractor.
      details of the Principal Building Contractor.                The Principal Building Contractor’s Site
      See Clause 4.1 as well.                                       Foreman.
                                                                   The appointed accredited Landscape
2.2   On receipt of the written consent, the location               Contractor.
      of the footprint, actual foundations and                     The Owner (if available). If the Owner is
      driveway between the site boundary and the                    not available he/she must submit a
      footprint must be marked before any site                      power of attorney appointing his/her
      clearing can be done.                                         Principal Agent as his/her representative.

2.3   Only that portion of the footprint actually       3.6     The following site hand over criteria must be
      required for the purpose of building work,                addressed prior to the site handover, and to
      and the driveway, may be cleared of                       be discussed and pointed out at the site
      vegetation. The extent of the clearing must               handover:
      be     discussed     with    the   SEEHOA
      Management       prior    to   any  clearing              The following to be addressed by the
      commences. Please note: No earthwork                      accredited Principal Building Contractor
      may commence until after the official site                at least 7 working days prior to the site
      hand over meeting.                                        hand over date.

3.0   SITE HANDOVER.                                    3.6.1   Extent of shade cloth screened areas to be
                                                                discussed, including the positioning of the
3.1   Please note: A site will not be handed over               site toilets and refuse bins, and a site
      for any form of work to commence if the                   establishment plan to be submitted to
      property has not been transferred into the                SEEHOA via the Principal Agent.
      new owner’s name and is registered at the
      deeds office.                                     3.6.2   Extent of cut and fill to be discussed,
                                                                including retaining structures and an
3.2   A site handover meeting will be held on the               earthworks plan submitted to SEEHOA via
      specific site prior to the Contractor being               the Principal Agent.
      permitted to move onto site in any form. This
      includes the storing of fill materials.           3.6.3   The proposed buildings and driveway to be
                                                                set out by a registered Land surveyor after all
3.3   The client’s appointed Principal Agent is to              the earthwork has been completed and
      submit a written request to SEEHOA                        marked out for inspection prior to any
      Management for a site hand over meeting                   construction commencing. A copy of the
      after following the procedures in Clause 2.0              Land Surveyor’s setting out certificate to be
      and only once the list of site hand over                  submitted to SEEHOA.
                                                                                                             4
BUILDING CONTRACTORS; SUB-CONTRACTORS
3.6.4   To issue SEEHOA via the Principal Agent          3.6.16 Architect to submit to SEEHOA a copy of the
        with an anticipated programme of work,                  Kwa Dukuza Municipality approved plans
        highlighting construction milestones and                and approval letter at least 3 working days
        completion date within the construction                 prior to the anticipated site handover date, to
        period outlined in Clause 6.0.                          compare and verify the approved building
                                                                plans with SEEHOA records.
3.6.5   Implementation of approved storm water
        management plan to be discussed, and             3.6.17 Should any external aesthetic changes be
        submitting a pre-construction and during                made to the Local Authority drawings during
        construction stormwater management plan to              the approval process, then SEEHOA must be
        SEEHOA via the Principal Agent.                         notified immediately about these changes
                                                                and new updated drawings must submitted
3.6.6   On site Environmental issues to be                      to SEEHOA showing these changes.
        addressed, including preservation of existing
        vegetation and the storage of materials etc.     3.6.18 SEEHOA reserve the right to refuse a site
                                                                hand over if the SEEHOA and Local
3.6.7   The Building Contractor to supply a list of             Authority approved drawing are not the
        anticipated     sub-contractors,   service              same.
        providers and suppliers.
                                                         3.6.19 To ensure All the site corner beacons ( steel
3.6.8   Establish the position to access the site               pegs) to be exposed, flagged by means with
        during construction if it is not the same as            survey poles painted pink and identified with
        what is shown on the approved Building                  a beacon number which is cross referenced
        Plans.                                                  on the site plan.
3.6.9   Ensuring the Professional Notice Board is        3.6.20 To ensure the “Lot cadastral number” is
        installed correctly on site in terms with               installed by the land surveyor and displayed
        Clause 7.0 prior to the site hand over                  at the site hand over meeting.
        meeting.
                                                         3.6.21 The footprint of the proposed buildings and
3.6.10 The existing water meter must be located                 driveway to be set out by a registered Land
       prior to the site hand over meeting and be               surveyor and marked out for inspection at the
       visible at the site meeting. Any defects to the          site handover. A copy of the Land Surveyor’s
       water meter must be reported prior to the site           setting out certificate to be submitted to
       meeting.                                                 SEEHOA prior to the site handover.
3.6.11 In the case of work on Phases 2, 3, 4, and        3.6.22 SEEHOA reserve the right to refuse a site
       Area I; the water meter must be collected                hand over if all the site corner pegs are not
       from the SEEHOA Management office and                    exposed and flagged, and/or the site “Lot
       installed correctly on site prior to the site            cadastral number” is not displayed, or if any
       hand over. This water meter must be visible              of the site hand over criteria are not met.
       at the site hand over meeting.
                                                         3.6.23 The architect must advise SEEHOA of
3.6.12 The existing sewer connection spigot must                relevant contract documents and to confirm
       be exposed and flagged prior to the site hand            signature of contracting parties. A copy of the
       over meeting.                                            contract must be submitted to SEEHOA prior
3.6.13 The existing electrical cable connection                 to the site hand over date.
       point, coiled and buried on site must be          3.6.24 The architect must point out all services and
       located prior to the site hand over meeting,             service connections on site.
       and must be exposed and flagged at the site
       hand over meeting.                                3.6.25 To advise SEEHOA as to the frequency of
                                                                site meetings and keep SEEHOA updated on
3.6.14 The storm water connection must be located               site minutes immediately after a site meeting.
       prior to the site hand over meeting and the              SEEHOA require a site meeting on fortnightly
       connection point flagged and be visible at the           basis.
       site hand over meeting.
                                                         3.6.26 The architect must photograph the site and
The following to be addressed by the accredited                 surroundings in digital format prior to the site
Principal Agent/Project Manager or Architect at                 hand over meeting and submit these on
least 7 working days prior to the site hand over                hardcopy and digital format to SEEHOA for
date.                                                           their records. These photographs to include:
3.6.15 To be in possession of two sets of approved              General site; all street furniture immediately
       building plans, one approved by SEEHOA,                  in front and adjacent to the site, including
       and one approved by Kwa Dukuza                           lamp posts, bollards, manholes, etc. All site
       Municipality. Both sets must be the same                 boundaries including pavements, indicating
       ( no changes ).                                          their state of repair; all verge planting
                                                                                                              5
BUILDING CONTRACTORS; SUB-CONTRACTORS
immediately in front of and adjacent to the
        site.                                              4.8    The site camp must be maintained on a daily
                                                                  basis and not have negative visual impact on
3.6.27 To submit a copy of the Professional Notice                the Estate.
       Board to SEEHOA for approval at least 14
       days prior to the site hand over meeting, and       4.9    When clearing the site, care must be taken to
       ensuring this board is installed in terms with             retain habitat and refuge for any wildlife on
       Clause 7.0 prior to the site hand over                     the site.
       meeting.
                                                           4.10   All vegetation that has been cleared is to be
4.0     SITE CAMP & SETTING UP THE BUILDING                       removed from the site immediately, or used
        SITE.                                                     as mulch as per re-vegetation specifications.

4.1     The site may only be established once site         5.0    BUILDING SITE         PERIMETER         SHADE
        handover has been conducted and SEEHOA                    CLOTH FENCING.
        has issued the Site Handover Certificate.
                                                           5.1    The site must be adequately fenced and
4.2     Prior to the site handover day, the Principal             secured to minimise the risk of crime, and be
        Building Contractor must submit to SEEHOA                 safe from access by children, animals, and
        via the Principal Agent a site plan showing               any unauthorized visitors.
        the footprint of the proposed buildings, the
        position of the site toilets and showers, the      5.2    All visitors to the site, including the owner of
        position of the site office, the position of the          the site, must obtain permission from the Site
        refuse and refuse skip area, the position of              Foreman in charge of the site prior to
        building materials storage area, and the                  entering the site.
        position of the Professional Notice Board.
                                                           5.3    All visitors to the site must sign the visitors’
4.3     The site office which can either be converted             book which is kept on site and specify the
        steel container or timber hut must be green               reason for the visit.
        (Plascon Turf Green A23-7 or equal colour
        approved by SEEHOA). No advertising signs          5.4    Once the areas to be screened off and the
        of any kind will be permitted on any of these             extent of the site perimeter to be fenced off,
        temporary site offices and storage rooms,                 have been established on site, and verified
        other    than    the   SEEHOA       approved              by the Building Control Manager, it must be
        Professional Notice Board and mandatory                   screened off with Dark Green minimum 80%
        Safety Signage approved by SEEHOA.                        factor shade cloth, a minimum of 1,8metres
                                                                  high (maximum 2.0 meters high) with a
4.4     The construction site/camp will be comprised              single 4 meter wide entrance gate in a
        of:                                                       position agreed to at the site handover. The
             Site office;                                        shade cloth is to be supported by a bonnox
             Ablution facilities;                                type (Square Mesh) fence on the internal
             Designated first-aid area;                          side of the shade cloth, itself supported by
             Eating area;                                        wooden poles spaced at maximum 2, 4
             Staff toilets and ablution facilities;              meter intervals. The whole structure is to be
             Refueling area (if required);                       supported in such a manner as not to sag or
             Maintenance area (if required);                     come adrift. Under no circumstances may
             Material storage area;                              any shade cloth with a factor lower than 80%
             Refuse area.                                        be used.

4.5     The site offices and storage containers must       5.5    The entrance is to be closed and secured
        be adequately screened off with green 80%                 with a gate which is adequately locked after
        factor shade cloth to SEEHOA’s approval.                  hours by means of a chain and a padlock.
                                                                  The gate must be cladded with the same
4.6     Fire prevention facilities must be present at             shade cloth. There must be no gap under the
        all site offices and all storage facilities.              gate or between the leaves for a small child
                                                                  to crawl through.
4.7     Stacking of storage and office containers on
        top of each other on any site as shown in the      5.6    The shade cloth fence and bonnox fence
        picture below will not be permitted without               must be tight and neat at all times.
        written approval from SEEHOA.

             X
           Double stacking not permitted
                                                            Acceptable and neat
                                                                                             X
                                                                                         Not acceptable

                                                                                                                6
BUILDING CONTRACTORS; SUB-CONTRACTORS
5.7    The site access gate must be adequately          7.0     CONSTRUCTION SIGNAGE.
       secured at the end of each working day
       preventing unauthorised access to the site       7.1     The Building Contractor will erect a
       after working hours and the wind blowing it              Professional Notice Board (Contractors
       over. The gap under the gate and between                 Board) on the site in the position agreed on
       the gate leaves must not allow a small child             prior to the site hand over.
       to pass through. See Clause 5.3.                 7.2     This Notice Board must be erected at least 3
                                                                working days prior to the site hand over
5.8    The shade cloth fence may only be installed              meeting.
       once site handover has taken place, but
       must be in place prior to any construction       7.3     This notice board will be in the form and
       work commencing on the site.                             design approved by SEEHOA as described
                                                                in Clauses 7.4 to 7.9.
5.9    Regular inspections must be carried out by
       the Building Contractor during building          7.4     The notice board will strictly accommodate
       operations to ensure containment within the              the Development Proposal; Street Address;
       screened areas, and to monitor damage to                 Lot Number; Owner’s Name; Architects
       the surrounding vegetation. In the instance of           Name and Contact Number; Engineer’s
       damage to existing vegetation, it is to be               name and Contact Number; Principal
       reported to the Estate Management                        Building Contractor’s Name and Contact
       immediately, who will instruct the contractor            Number; Landscape Contractor’s Name and
       responsible for the damage in respect of                 Contact     Number;     and     any     other
       repair or replacement. This will be for the              Professional’s Name approved by SEEHOA.
       contractor’s account, as will any fines or               And the name and 24 hour contact number
       penalties imposed for the damage done.                   of the responsible person to contact in case
                                                                of any emergency.
5.10   SEEHOA will carry out regular inspections on
       each site to ensure clause 5.0 is adhered to.    7.5     No other signage of any Building
       The Building Contractor will be notified to              Contractor;   Sub-Contractor;   Service
       carry out any remedial work, if required,                Provider; Financing Company; Real
       within a specified time period.                          Estate; Agents; or any other parties
                                                                concerned with the project may be
5.11   The removal of the shade cloth fence may                 erected on the site or anywhere on the
       only be done following approval by the                   Estate.
       Building Control Manager.
                                                        7.6     The architect must submit a copy of the
6.0    CONSTRUCTION PERIOD                                      proposed Professionals Notice board to the
                                                                Building Control Manger for approval at least
6.1    Construction of any housing project or any               14 working days prior to the site handover
       improvements or alterations must commence                date, or within adequate time to obtain the
       within 7 working days from the date of the               SEEHOA approval and have the Notice
       site handover date, and shall be completed               Board manufactured in time to be erected
       within 15 months from the date of the site               prior to the site hand over meeting.
       handover, save with the written consent for
       an extended building period from SEEHOA          7.7     On approval by the Building Control
       and the Kwa Dukuza Municipality.                         Manager, the Architect or the Principal
                                                                Building Contractor will issue the Sign Writer
6.2    The Building Contractor on P.U.D. sites must             the relevant SEEHOA approved information
       lodge a building programme with SEEHOA,                  for the Professional Notice Board.
       indicating the estimated completion date.
                                                        7.8     The design and specifications for this board
6.3    A penalty will be imposed on the Building                is as follows:
       Contractor on any building work exceeding
       the maximum building period which has not        7.8.1   Typeface shall be Helvetica Medium. It is
       have the SEEHOA’s written extended period                recommended that the standard Helvetica
       consent.                                                 Medium letters needed to be obtained from
                                                                “Letrasign” dealers.
6.4    Should the Principal Building Contractor find
       that for reasons beyond his control, the         7.8.2   The sizes of the lettering and dimensions are
       building period will exceed the 15 month                 indicated hereafter and as per the diagram
       construction period; the owner will need to              on the next page (Clause 7.9) and shall be
       submit a written request to the Simbithi                 strictly adhered to.
       Home Owners board requesting an
       extension. A penalty of R10000-00 will be        7.8.3   Note that all the professional services
       levied upon the owner of the property, until             involved on the project must be shown, as
       the project is complete                                  listed in Clause 7.4.
       .
                                                                                                            7
BUILDING CONTRACTORS; SUB-CONTRACTORS
7.8.4    The Project Title, Description, and Owner            7.8.9  All lettering shall start 150 mm in from the left
         shall be White 80 mm high Helvetica                         side of the board, and end 150 mm in from
         Medium lettering on a Plascon Turf Green                    the right hand side of the board.
         A23-7 or equal SEEHOA approved colour                7.8.10 The distance between the black under lining
         background.                                                 will be 190 mm measured from centre to
                                                                     centre of these lines.
7.8.5    The Professional titles and Company names
         shall be 60 mm high Black Helvetica                  7.8.11 The distance between the word ARCHITECT
         Medium lettering on a White background.                     and the green heading banner will be 60mm,
         The Professional titles will be underlined with             with the same distance between the bottom
         a 10 mm wide Black line.                                    of the board and the word EMERGENCY.

7.8.6    The 40 mm wide surrounding border and                7.8.12 The width of the green Project Title Banner
         lines shall be Plascon Turf Green A23-7 or                  shall not exceed 490 mm.
         equivalent SEEHOA approved colour.
                                                              7.8.13 This notice board will be adequately fixed to
7.8.7    The inclusion of the words ”FOR SALE”;                      two 150 mm Ø gumpoles. The gumpoles will
         “TO LET”; “SPEC”; or “TO BUY” is strictly                   be adequately planted in firm soil so as to
         not permitted.                                              support the board and any wind force.

7.8.8    The width of the board must be 1850 mm               7.8.14 The board must be positioned hard up
         and the height must not exceed 2000 mm.                     against the shade cloth fence, as near to the
                                                                     entrance to the site as possible without
                                                                     obscuring any road signage and traffic. The
                                                                     board must be parallel with the road.

7.9      TYPICAL PROFESSIONAL NOTICE BOARD FOR SEEHOA PUD SITES.
                                  1850 mm maximum width of board

                             GREEN VALLEY
         NEW 66 LUXURY UNIT DEVELOPMENT FOR ABC
                                                                                                490 mm
        PROPERTIES ON LOT 3000 SIMBITHI ECO-ESTATE

   ARCHITECT                                                          031 - 5555555
   ABC ARCHITECTS ( Abraham Cotts )                                   083 000000

   PROJECT MANAGEMENT / PRINCIPAL AGENT                               031 - 5555555
   ABC Projects ( Alex Clapton )                                      083 0000000

   QUANTITY SURVEYOR                                                  031 - 5555555
   ABC SURVEY PROJECTS ( Andrew Clogg )                               083 0000000

   CONSULTING ENGINEER                                                031 - 5555555             1460 mm for
                                                                                                domestic and
   ABC & ASSOCIATES ( Anton Cove )                                    083 0000000
                                                                                                1510 mm for
                                                                                                PUD
   ELECTRICAL ENGINEER                                                031 - 5555555
   ABC DESIGN ASSOCIATES ( Antony Cole )                              083 000000

   PRINCIPAL BUILDING CONTRACTOR                                      031 – 5555555
   ABC & SON BUILDING (PTY) LTD ( Aniel Cowan )                       083 0000000

   LANDSCAPE CONTRACTOR                                               031 – 55555555
   ABC LANDSCAPES ( Ashley Crowe )                                    083 0000000

   EMERGENCY 24 HOUR CONTACT: JOHN TREE 031-555555

                                                                                       40mm wide
                                                                                       green border
                                                                                                                    8
BUILDING CONTRACTORS; SUB-CONTRACTORS
7.10      TYPICAL PROFESSIONAL NOTICE BOARD FOR SEEHOA SR SITES.

                                     1850 mm maximum width of board

      PROPOSED NEW DWELLING FOR MR JOHN BLOGG
                                                                                                  490 mm
           ON LOT 3000 SIMBITHI ECO-ESTATE

      ARCHITECT                                                         031 - 5555555
      ABC ARCHITECTS ( Abraham Cotts )                                  083 000000

      PROJECT MANAGEMENT / PRINCIPAL AGENT                              031 - 5555555
      ABC Projects ( Alex Clapton )                                     083 0000000

      CONSULTING ENGINEER                                               031 - 5555555
      ABC & ASSOCIATES ( Anton Cove )                                   083 0000000

      PRINCIPAL BUILDING CONTRACTOR                                     031 – 5555555             1460 mm for
                                                                                                  domestic and
      ABC & SON BUILDING (PTY) LTD ( Aniel Cowan )                      083 0000000
                                                                                                  1510 mm for
                                                                                                  PUD
      LANDSCAPE CONTRACTOR                                              031 – 55555555
      ABC LANDSCAPES ( Ashley Crowe )                                   083 0000000

      EMERGENCY 24 HOUR CONTACT : JOHN TREE 031-555555

                                                                      40mm wide green border

8.0       LITTER AND REFUSE CONTROL.

8.1       The Principal Building Contractor
          shall control all litter and refuse on
          his/her site by the following
          methods:

8.2       Placement of adequate number of litter bins,
          skips, or demarcated and screened refuse
          areas in accordance with the Simbithi Eco-
          Estate Environmental Management Plan and
                                                                X
                                                                8.5
                                                                                             X
                                                                         Burning of any litter, refuse, or rubbish is
          the Kwa Dukuza Municipality’s requirements.                    strictly not permitted on any site.

8.3       The site must be cleared of all litter and            8.6      Any litter spread outside the site is to be
          building refuse which must be removed from                     immediately picked up. This includes building
          the Estate at least once per week, in                          debris and stones in the driveway access to
          particular on a Friday.                                        the site and in the road verge and road
                                                                         directly adjacent to the site.
8.4       The site must be litter and refuse free
          over weekends, public holidays, and                   8.7      Any spillage of refuse
          during any extended closure periods.                           and/or building materials
                                                                         on any of the Estate’s
                                                                         roads or verges must be
                                                                         cleaned up immediately.

                                                                                                                    9
BUILDING CONTRACTORS; SUB-CONTRACTORS
8.8      The Estate Manager and/or the Building
         Control Manager may require the Building                   9.6    Contractors to exercise extreme care in the
         Contractor to stop all construction work to                       storage, handling and transportation of any
         clear the site at any stage and within a                          materials which could be detrimental to the
         specified period if, in their opinion, the site is                natural environment and vegetation.
         untidy and aesthetically not acceptable. Any
         claim of contractual delays will be at the                 9.7    All banks must be cut and trimmed to 26°,
         contractor’s expense.                                             and then vegetated with grass immediately
                                                                           on completion of the earthworks.
8.9      All litter bins must have lids, and skips must
         have a shade cloth covering to prevent the
         contents from being wind blown over the site.

8.10     All refuse and bin storage areas must be                   10.0   STORM WATER & EROSION CONTROLS.
         screened off with green 80% factor shade
         cloth as described in Clause 5.0 of this                   10.1   The Building Contractor will install temporary
         protocol.                                                         construction entrances, fences, and other
                                                                           erosion     control    methods      considered
8.11     Litter bins must have inner plastic refuse                        necessary immediately upon the building site
         bags for efficient control and safe disposal.                     / building footprint being cleared. All erosion
                                                                           control measures must be undertaken in
8.12     The Building Contractor to ensure all sub-                        collaboration with the Estate Manager,
         contractors, suppliers, service providers, and                    Building Control Manager, or the Landscape
         staff strictly adhere to this requirement.                        Consultant, so as to ensure erosion is
                                                                           avoided. Sand bags and berms are to be
8.13     All flammable, toxic, or contaminated refuse                      placed where necessary to prevent erosion,
         must be contained in separate safe                                particularly over weekends, holidays, and
         containments and disposed of by a                                 extended closure periods.
         registered waste management company.
                                                                    10.2   The Principal Building Contractor must
                                                                           attend to drainage of the building site to
                                                                           avoid standing water and/or sheet erosion.

                                                                           Please refer to the Environmental
                                                                           Management Plan and strictly adhere to

                     X
                                                                           the requirements.
                                                                    10.3   The Building Contractor must inspect the site
                                                                           and ensure that the erosion control methods
                                                                           that are in place are maintained and
                                                                           adequately serve their function. This
                                                                           inspection must be carried out on a daily
 All paint and toxic waste must be in separate safe containments.          basis.

9.0      VEGETATION.                                                10.4   The Principal Building Contractor is required
                                                                           to inspect his sites during any rain storm
9.1      No vegetation of any                                              during and after working hours, and
         description,   other   than                                       implement any emergency stormwater
         sugarcane,    is    to   be                                       control work immediately.
         removed, cut back, or
         pruned, without the written                                10.5   Stormwater damage, remedial work, and
         consent of the Estate                                             cleaning up must be done immediately after
         Manager.                                                          any rain storm.

9.2      Contractors are to take all the necessary                  10.6   SEEHOA management will carry out regular
         precautions to prevent the introduction of any                    site inspections and assess the erosion
         alien species to the Estate.                                      control management, and if in their opinion,
                                                                           find that it is not adequate, will instruct the
9.3      The Principal Building Contractor must                            Building Contractor to carry out remedial
         ensure that his site is free of weeds/alien                       work and improve his/her erosion control
         plants at all times.                                              management within a certain time period,
                                                                           and to maintain the standard throughout the
9.4      The Principal Building Contractor will ensure                     construction period.
         that his site and working areas are kept clean
         and tidy at all times.                                     11.0   WORK HOURS.

9.5      No harvesting of firewood from the site or                 11.1   Unless otherwise approved by the Simbithi
         from any areas adjacent to the site is                            Eco-Estate Home Owners Association’s
         permitted.                                                        Management, construction work shall be
                                                                                                                       10
strictly limited to the time between 06h00 and            vehicle off the Estate. Please note:
       18h00 from Mondays through to Fridays.                    Telephonic notification to our security control
                                                                 room requesting access for these after hours
11.2   Saturdays will strictly be by site specific               deliveries will not be accepted. Refer to
       motivations and written consent from the                  Clause 15 as well.
       SEEHOA Management, and will strictly be
       between 07h00 to 17h00 as specified by            11.9    For deliveries between 08h00 and 16h30
       SEEHOA Management on consent subject to                   Monday to Friday, the Principal Building
       no earthwork, heavy plant equipment, no                   Contractor or his designated Site Foreman
       power tools, and no reports received of any               must be on the site to accept the delivery
       noise being generated from the site.                      and ensure the material delivered is placed
                                                                 correctly on the site. Under no circumstances
11.3   In certain built-up areas on the Estate                   must a sub-contractor or any other person be
       consent to work on a Saturday will not be                 left in charge on a site to accept any
       considered.                                               deliveries.
Please note: The times specified is the actual           11.10   If any Principal Building Contractor or
time from when contractors will be allowed onto                  designated Site Foreman have made
the Estate in the morning and the time the                       arrangements with a sub-contractor or a lift
contractors must be off the Estate by in the                     club to transport staff or labour to and from
evening.                                                         the site, then the Principal Building
                                                                 Contractor or his designated Site Foreman
11.4   No deliveries will be permitted outside the               must be on the site to ensure these persons
       working hours specified, and on any                       arrive at an open site. Under no
       Saturday, Sunday, or Public Holiday. See                  circumstances may staff or labour be
       Clause 11.7. and Clause 15.0.                             dropped off outside a locked site and
11.5   No work will be permitted on any Sunday                   congregate outside the site waiting for the
       and/or Public Holidays.                                   site to be opened, or congregate outside the
                                                                 site waiting to be collected.
11.6   No Contractor or employee of such
       contractor shall be entitled to be on the site    12.0    SECURITY.
       other than during the hours provided, and no              Please Note: This Clause must be read in
       Contractor or employee of such contractor                 conjunction with the Security Rules and
       will be permitted to stay over night and sleep            Procedures Protocol.
       on any site unless the prior written consent of
       the SEEHOA Estate Management is given.            12.1    All Contractors, sub-contractors, suppliers,
                                                                 service providers, and labourers are to
                                                                 comply with all Security Regulations and
                                                                 Protocols as prescribed in the Security
                                                                 Protocol, as amended from time to time. It is

                      X
                                                                 the Building Contractor’s responsibility to
                                                                 ensure he/she has the latest edition and that
                                                                 all persons on site are familiar with the
                                                                 contents thereof and strictly adhere to these
                                                                 regulations.
               No camping and sleeping over on site.
                                                         12.2    No employees are allowed to congregate
11.7   A responsible person with a 24 hour                       around any of the Estate’s gates waiting to
       emergency contact number must be                          be transported to and from the Estate. Any
       appointed by the Building Contractor in case              pick-up point is to be away from the Estate
       of any emergency on site. This persons                    gates.
       name and number must appear on the
       Professional Notice Board, and this person        12.3    The recruiting of casual labour by the gates
       must be available at all hours to respond                 is strictly forbidden. All employees are to be
       immediately when contacted.                               properly employed, and registered with the
                                                                 Estate’s Security Management.
11.8   Deliveries to any site is only permitted
       between 08h00 and 16h30 Monday to                 12.4    The Principal Building Contractor must
       Friday. Should the contractor have an urgent              submit a list of names, identity numbers, and
       delivery between 06h00 to 08h00 or between                contact details of all staff members,
       16h30 to 18h00 from Monday to Friday, then                labourers, sub-contractors, and service
       the Principal Building Contractor or his                  providers working on his/her specific sites
       designated Site Foreman must personally                   prior to access to the site being granted.
       meet the delivery vehicle outside the Estate      12.5    All accidents, break-ins, theft, or dangerous
       and escort it onto the Estate to the site, and            situations must be reported to SEEHOA
       then after the delivery escort the delivery               management immediately.
                                                                                                             11
12.6   Any individual contractor or employee found

                                                                    X X
       to be in possession of stolen property, whilst
       on or attempting to exit the Estate, will be
       detained and escorted to their employer, or
       complainant for whatever action is decided
       by such employer or complainant.         The
       access card of the offender will be cancelled
       and their access onto the Estate permanently
       banned.                                           13.7    In the case of construction on more than one
                                                                 site, movement of personnel between sites is
12.7   Strikes, toy-toying, or demonstrations will not           restricted to vehicles, i.e. no pedestrian
       be permitted on the Estate or at any of the               traffic.
       Estate’s gates. All labour/work disputes must
       be resolved off the Estate.                       13.8    No employee employed by the Building
                                                                 Contractor shall be entitled to be on the site
12.8   No firearms will be allowed on any site or in             other than during the hours provided in
       any vehicle transporting staff to and from any            Clause 11.0 unless the prior written consent
       site, unless used by Simbithi Security                    of the SEEHOA Estate Management is
       personnel.                                                given.
12.9   If the Principal Building Contractor requires     13.9    The Building Contractor is responsible for the
       additional security for a specific site, this             conduct of all their staff, labourers, sub-
       must be arranged with the Estate contracted               contractors, suppliers, and service providers
       security company via the Estate Manager.                  from the time they have entered the Simbithi
       The costs of such additional security will be             Estate, and until they have left the Estate.
       borne by the Principal Building Contractor.
                                                         13.10   Contractors may not bring or allow any of
13.0   BEHAVIOUR.                                                their staff, labour, sub-contractors, suppliers,
                                                                 and service providers to bring any alcohol
13.1   All construction staff, labourers, service                onto the Estate, or allow alcohol to be
       providers, and suppliers are expected to                  consumed on any construction site, save for
       behave in a professional workmanlike                      any written consent given to a Principal
       manner at all times on the Estate. Their                  Building Contractor to host a roof wetting or
       behaviour shall not disturb other residents or            completion celebration on a specific site
       activities on the Estate. The Estate Manager,             under controlled conditions and out of sight.
       Building Control Manager, and Security
       Manager, shall have the right to control          13.11   All contractor staff shall at all times whilst on
       behaviour      and    noise   generated     by            the Estate, wear overalls or shirts displaying
       construction workers and to ban disruptive or             the name of the company or contractor they
       disrespectful workers from the Estate.                    representing, and also wear and visually
                                                                 display their access cards.
13.2   The Principal Building Contractor must                    Please Note: No casual labour is
       ensure that all staff, labour, sub-contractors,           permitted on site. All labour must be
       service providers, suppliers, and visitors                registered employees of the Contractor.
       entering a site under his/her control, have
       been adequately inducted in site safety,          14.0    SUPERVISION.
       environmental awareness, and the Estate’s
       Protocols and strictly adhere to these rules      14.1    A Supervisor or Site Foreman shall be
       and requirements.                                         appointed to control the site. No such
                                                                 Supervisor/Site Foreman will be permitted to
13.3   Bringing pets onto any building site is                   control more than three Single Dwelling sites,
       forbidden.                                                or one P.U.D., on the Estate at any one time.
                                                                 He/she is to be on site or be immediately
13.4   The Principal Building Contractor must at all             available during working hours when
       time ensure that excessive noise is                       required by SEEHOA management, and will
       prevented.                                                be deemed to be the Building Contractor’s
13.5   No employee, sub-contractor, or construction              representative in the Building Contractor’s
       staff may leave the building site they are                absence.
       working on at any time save in the exercise       14.2    This Supervisor or Site Foreman must be
       of their duties, and only then by vehicle and             trained and qualified in all aspect of site
       not on foot.                                              safety, first aid, and building construction.
13.6
                                                         15.0    ACCESS TO THE ESTATE, USE OF
                                                                 ROADS, AND DAMAGE TO ESTATE
                                                                 PROPERTY.

                                                                                                               12
15.1   The Contractor shall ensure that all vehicles       15.8    No articulated or abnormal vehicles, with or
       use the roads with due care and                             without trailers, may enter the Estate, unless
       consideration for passenger and pedestrian                  the express permission of the Estate
       safety.                                                     Management is obtained via the Estate’s
                                                                   security. If permission is granted, the vehicle
15.2   Should any of the road edging/verges,                       may enter the Estate with due care and
       Telkom and electricity manholes, sewer                      under supervision of a member of the Estate
       connections, irrigation coupling valves, water              Management and the Site Foreman/Building
       meters and pipes, fire hydrants, any other                  Contractor of the specific site the vehicle is
       services or trees on the property or verge be               going to. The same procedure will be
       damaged by any Contractor, Supplier,                        repeated when the vehicle leaves the site.
       Service Provider, Sub-Contractor, Staff                     Any damage along the way will be recorded
       Member, or Labourer under the Principal                     and photographed. The Building Contractor
       Building Contractor’s control, then the                     will be held responsible to rectify any
       Principal Building Contractor shall be                      damage to SEEHOA’s satisfaction and
       responsible for repairing such damage                       approval.
       immediately      at    his/her   own     cost.
       Precautionary measures must be taken at
       the outset to prevent any such damage.

15.3   Care shall be taken when transporting

15.4
       materials to the site that the Estate speed
       restriction of 40 Kph is strictly adhered to.

       During transportation on the Estate of any
                                                           X                                           X
       person on any open truck or LDV, these
       persons must be transported safely seated
       within the confines of the bin with the tailgate
       shut and secured. They are not permitted to
       be transported in a standing position, sitting
       on the bin’s rim, or stand on the tailgate or
       tow-bar. Any person being transported is
       also not permitted to sit on top of any
       materials loaded in the bin.

                                                                                      X
                                                           15.9    Any vehicle, in the opinion of SEEHOA
                                                                   Management, found to be not road worthy, a

       X                                     X                     danger on the Estate, causes any pollution or
                                                                   contamination of the environment on the
                                                                   Estate, will be removed off the Estate.

                                                           15.10   Servicing or carrying out repairs to any
                                                                   vehicle or equipment is not permitted on the
                                                                   Estate.

           X                    X
15.5   Failure to take due care or to adhere to the
       speed restriction or any other traffic signs will
       result in a driver being fined or banned from
       access to the Estate and any construction
                                                                          X                         X
15.6
       site.

       The Contractor indemnifies the Simbithi Eco-
       Estate Home Owners Association and its
       employees or representatives against any
                                                                          X                         X
       claims for loss or damage, which may occur
       on the Estate during the course of any work         16.0    PARKING.
       being carried out.
                                                           16.1    Construction vehicles shall not be parked in
15.7   No vehicles may enter the Estate carrying in                any area other than on the building site, or by
                   3
       excess of 5m concrete.                                      special consent from SEEHOA Management,
                                                                   on the verge bordering the site. Vehicles
                                                                                                               13
parked on the verge shall be parked with due                 to leave it on the verge over night subject to
       consideration for users of the street and on                 it being moved onto site from 06h00 the
       the correct side of the road. Any damage                     following day.
       caused to the verge and/or Estate and
       private property by the parking of vehicles,         17.5    Residents living adjacent to any construction
       including oil, diesel, or material spillages, will           site where hazardous materials are stored
       be repaired immediately at the Principal                     must be notified of the existence of such
       Building Contractor’s expense.                               hazardous materials and location of the
                                                                    storage area.

                 X                        X                 17.6    The Principal Building Contractor shall
                                                                    submit to SEEHOA Management and
                                                                    Security Control, a method and plans for the
                                                                    storage of hazardous materials and
16.2   It is the Principal Contractor’s responsibility              emergency procedures.
       to ensure adequate parking is available on
       the construction site for vehicles visiting          18.0    TOILET AND ABLUTION FACILITIES.
       and/or delivering materials. In terms with
       A.2.1 (d) of the Environmental Management            18.1    The Principal Building Contractor must
       Plan, Adequate parking must be provided for                  provide adequate ( dark green coloured )
       site staff and visitors.                                     temporary portable chemical toilet facilities.
                                                                    These toilets must be serviced by a
16.3   To minimise the volume of traffic and                        sanitation company at least once per week.
       congestion on site, the Principal Building                   Site toilets are not permitted to be connected
       Contractor must transport his labour and staff               to any of the Estate’s sewer drains.
       on and off site who do not use their vehicles
       for business purposes on site during the             18.2    The toilets may not be placed within a
       course of the working day.                                   distance of      50 metres from any dam,
                                                                    wetland boundary, water course, soak away,
16.4   A hardened access scoop must be                              river, stream or any water bodies.
       constructed at the site entrance in
       accordance with the SEEHOA driveway                  18.3    No person is permitted to urinate anywhere
       access scoop specifications. This access                     on the site other than in the toilet facility
       scoop must be installed immediately after the                proved.
       site hand over and prior to any earthwork            18.4    Under no circumstances may open areas
       and construction commencing.                                 and/or the surrounding bush be used as toilet
17.0   STORING     OF               CONSTRUCTION                    facilities.
       MATERIALS     AND              HAZARDOUS             18.5    The toilets must be adequately screened off
       SUBSTANCES.                                                  with dark green 80% factor shade cloth as
17.1   All construction material shall be stacked                   described in Clause 5.0 of this Protocol.
       neatly and safely behind the shade cloth             18.6    Toilets are to be provided at a rate of not less
       screening on the site where the work is being                than one toilet for every 20 ( or part thereof )
       done. No stockpiles of material to exceed 2,0                personnel on site.
       metres in height.
                                                            18.7    Separate toilets must be provided for both
17.2   All materials and equipment must be stored                   male and female working on the building site.
       in safe manner in terms with the
       Occupational Health and Safety Act.                  18.8    SEEHOA reserves the right to stop all work
                                                                    on any site if in their opinion insufficient or no
17.3   No materials or equipment may be placed or                   toilets have been provided, until sufficient
       stored outside of the building site, on the                  facilities have been provided.
       verge, or on adjacent sites at any time. Any
       materials or equipment delivered to the site         18.9    Adequate shower and wash-up facilities must
       and left on the verge due to the site being                  be provided on the site by the Principal
       inaccessible, and then the materials and                     Building Contractor. These must be screened
       equipment must be moved onto the site by                     off with shade cloth described in Clause 5.0.
       hand by 18h00 on the day of the delivery.                    The wastewater from these showers and
                                                                    wash-up areas must be piped to the portable
17.4   Should the Principal Building Contractor                     holding tank on site, which must be serviced
       encounter a late delivery which cannot be                    on a weekly basis by an approved and
       moved off the verge by 18h00 on the day of                   registered sanitation company.
       the delivery, then he/she must contact the
       SEEHOA Management prior to 16h30 and                 18.10   Adequate changing area where staff and/or
       request consent, which SEEHOA will                           labourers can change clothing and store
       considered allowing the contractor until                     personal effects must be provided by the
       20h00 to move the materials, or alternatively                Principal Building Contractor. No clothing,
                                                                                                                   14
bags, etc will be permitted to hang over
        the shade cloth fencing, trees, or in view          20.2   This insurance must be taken out with the
        of any visitors to the site, or from outside               SEEHOA accredited insurance broker for the
        the site. No person is permitted to change                 whole contract period. (Contact Nick Keary of
        outside the site or in view of any public from             Crawford Dougall Insurance Brokers –
        any road or adjacent site.                                 0312073272)

18.11   The Principal Building Contractor must carry        20.3   A Certificate confirming this insurance is to
        out regular inspections on these facilities and            be submitted to SEEHOA at least 3 days
        ensure that any contamination and pollution                prior to the anticipated site hand over date.
        is remedied immediately, and that these
        facilities do not pose an unhygienic and            21.0   EXTERIOR COATINGS.
        health hazards at any time.
                                                            21.1   The      Contractor    acknowledges        the
18.12   A screened off toilet must be placed on site               requirements to comply fully and strictly with
        prior to any work commences, including the                 the SEEHOA Building Design Code and
        site establishment work prior to the site hand             Town planning Controls in all respects as
        over date.                                                 amended from time to time, as well as with
                                                                   regard to exterior coatings and colours.
19.0    FINAL CLEAN UP AND COMPLETION.                             Failure to comply with this requirement will
                                                                   result in SEEHOA insisting on the exterior
19.1    At the conclusion of the construction work,                coatings being re-applied at the Contractor’s
        preferably at Practical Completion, the                    expense.
        Principal Building Contractor shall restore all
        pavements, verges, roadways, ditches, and           22.0   NEIGHBOURING PROPERTIES.
        drainage channels, to their original condition,
        including fine grading and seeding, assure          22.1   No encroachment onto neighbouring sites
        positive drainage with no standing water,                  and Estate property will be permitted during
        clean the entire site of all construction debris           construction without the prior written
        and refuse, and remove all temporary                       permission of the registered owner of such
        fencing, offices, storage, equipment, and                  site and SEEHOA. SEEHOA reserves the
        materials. Where necessary, verges are to                  right to refuse permission if in their opinion it
        be leveled to their original condition, grass              is not a necessity to encroach.
        sods laid and any trees destroyed replaced,
        in liaison with the Estate Landscaping              22.2   No work will be permitted beyond the
        Consultant. Any polluted soil due to oil or                demarcated wetland area boundaries.
        diesel spills to be excavated and disposed of       23.0   APPROVED PLAN & SITE HANDOVER.
        off-site outside the Estate at an approved
        landfill site, the hole filled with approved top-   23.1   No work may commence on any site prior to
        soil, and the vegetation rehabilitated.                    the official site handover and written
                                                                   permission from SEEHOA.
19.2    The Estate Manager or the Building Control
        Manager will, on completion of the work on          23.2   Construction may only commence on
        site, as part of the approval of the as-built              production of building plans approved by
        plans by SEEHOA, carry out an inspection of                SEEHOA and Kwa Dukuza Municipality.
        the works inclusive of the verges and                      (The presentation of these plans must be at
        services.                                                  least 3 working days prior to the site
                                                                   handover date).
19.3    On completion of each project, the finishing
        standard and quality of the work will be            23.3   No interference or use of neighbouring or
        assessed      and,     should     the   Building           Estate services or property is permitted
        Contractor’s work not be acceptable in                     without express written permission of the
        respect of Simbithi Eco-Estate standards and               owner or the Association.
        quality, then, in the interest of the Estate and
        the Home Owners, the Building Contractor            24.0   DEVIATION FROM APPROVED PLANS.
        will not be permitted to do any further work
        on the Estate.                                      24.1   The Contractor shall not deviate from the
                                                                   approved building plans in any form without
20.0    INSURANCE.                                                 being in possession of an approved
                                                                   amended plan or written permission from the
20.1    The Contractor shall take out at his/her own               Building Control Manager to proceed with the
        expense a public liability insurance of not                deviation.
        less than R1,000,000.00 per construction site
        for any claim for damages arising from the          24.2   All proposed deviations must be submitted
        acts or omissions of it or its employees or                by the Architect to SEEHOA and the Kwa
        agents. The Contractor hereby indemnifies                  Dukuza Municipality for approval prior to any
        SEEHOA against payment of any such                         deviations commencing on site.
        claims for damages.
                                                                                                                 15
24.3   The Architect or the Principal Building           26.4    Failure to comply with the requirements of
       Contractor must discuss all deviations and                the Environmental Management Plan in any
       additional work on site with the Building                 form will result in a severe penalty being
       Control Manager prior to such work                        imposed on the Contractor by SEEHOA and
       commencing, and written approval must be                  the Kwa Zulu Natal Department of
       obtained to commence with such work.                      Agriculture and Environmental Affairs
                                                                 (D.A.E.A.).
25.0   BREACH.
                                                         27.0    HISTORICAL & ARCHAEOLOGICAL.
25.1   In the event of the Contractor being in breach
       of any obligations under this agreement,          27.1    Possible      items       of
       including    the    Simbithi    Environmental             historical                or
       Management Plan, the Design Guidelines                    archaeological        value
       and the Town planning Controls, SEEHOA                    including     old    stone
       shall be entitled to one or more of the                   foundations,          tools,
       following remedies:                                       clayware,         jewellery,
                                                                 remains, fossils, etc could be found on any
       25.1.1 Give written notification to the                   site.      When a contractor during site
              Contractor to remedy the breach                    establishment and earthwork comes across
              within 24 hours.                                   any of these, they must stop work
       25.1.2 Close the Contractor’s access to the               immediately        and       notify SEEHOA
              site until the breaches have been                  Management to investigate, document, and
              remedied. Any contractual delay                    photograph any such finds. Should it be a
              claims will be at the Contractor’s                 significant find, then the Research and
              expense.                                           Development Division of AMAFA will be
                                                                 contacted.
       25.1.3 Insist on rectification of the breach at
              the cost to the Contractor.

       25.1.4 Issue a written warning.

       25.1.5 Imposition of a fine as indicated in
              the Penalty Protocol, or as decided
              by the Simbithi Eco-Estate Home
              Owners       Association       Rules       Ancient shells and clay pot pieces found on Lot 51 and 731
              Committee and/or Management.
                                                         28.0    NOISE
       25.1.6 Banning the Contractor from the
              Estate for a certain period of time.       28.1    Machinery and vehicles are to be kept in
                                                                 good working order throughout the duration
       25.1.7 Permanent banning from the Estate                  of the project to minimize noise nuisance on
              and removal from the Accredited                    the Estate.
              Contractors List.
                                                         28.2    Noisy activities must be restricted to the
26.0   ENVIRONMENTAL MANAGEMENT PLAN.                            times specified under Clause 11.0.
26.1   All Contractors will strictly comply with the
       provisions of the Simbithi Environmental Plan
       and the site specific Environmental
       Management Plan ( E.M.P.), as amended
       from time to time. Copies of these are
       available from the SEEHOA Management
       office and the Architect/Principal Agent.

26.2   It is the Principal Building Contractor’s
       responsibility to ensure that all site
       supervisors and site foremen have at least
       one hour’s Environmental awareness training
                                                         29.0    DUST AND AIR POLLUTION.
       by SEEHOA Management. Site supervisors
       and foremen will not be permitted to work on      29.1    Vehicles traveling to and from any
       any site without SEEHOA environmental                     construction site must adhere to the speed
       clearance. Please note that a training cost               limits so as to avoid producing excessive
       will be charged.                                          dust.
26.3   Each PUD site must have a designated              29.2    A speed limit of 20 Km/h must be adhered to
       Environmental Officer as required in terms                on all dirt roads.
       with the E.M.P.

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29.3   Access and other cleared surfaces must be              Building Contractor and Principal Agent. This
       dampened whenever possible and especially              inspection is done after remedial work to all
       in dry and windy conditions to avoid                   verges and/or any road and services
       excessive dust.                                        damages have been done. The levy amount
                                                              can be obtained from the SEEHOA
29.4    Wherever dust                                         Management office.
       is    unavoidable
       on      a    site,                              31.2   This levy will be used to maintain, repair, or
       additional                                             replace damage caused to verges, roads,
       screening will be                                      and services by any Construction Vehicles or
       required at the                                        Contractor.
       discretion of the
       Environmental                                   31.3   If any damage caused by a Contractor,
       Officer and SEEHOA Management.                         Supplier, Sub-Contractor, or staff member,
                                                              and SEEHOA can identify the culprit, then
29.5   Vehicles and machinery must be kept in                 SEEHOA will instruct the Building Contractor
       good working order to meet manufacturer’s              to repair or replace the specific damage
       specifications for safety, fuel consumption,           within a reasonable time period at the
       and prevention of hydraulic system and fuel            Building Contractors expense.
       leaks.
                                                       31.4   Should the Building Contractor fail to comply
29.6    Should     excessive                                  with Clause 31.3, SEEHOA will have the
       emissions             be                               repairs or replacement done and directly
       observed,            the                               debit that Contractor.
       contractor must carry
       out remedial work to                            31.5   Failure to pay for such repairs may result in
       the    machinery      or                               suspension of access to the Estate until such
       vehicle immediately.                                   time as the matter is settled. Any contractual
                                                              delay claims will be at the Contractors
29.7   No fires are allowed on any site.                      expense.

                                                       31.6   The Principal Building Contractor is obliged
                                                              to sign a Debit Order for this levy at time of

                                 X
                                                              the site hand over.

                                                       32.0   SECURITY LEVY.

         Open fires are not permitted on any site      32.1   A monthly security levy is payable to
                                                              SEEHOA for security, to cover access
29.8   Stockpiles of soil may cause dust and so               control, manpower, administration, patrolling,
       must be managed with the guidelines in                 and site checking costs. This levy is payable
       materials and management in terms with                 from the date of the site handover and will
       Clause    B.9.1   of  the   Environmental              continue through to the date the Building
       Management Plan.                                       Contractor has officially moved off site or, the
                                                              date the owner of the property has physically
29.9   Stockpiles of any soil may not exceed 2.0              taken occupation of the building. The levy
       metres in height, and may not be higher than           amount can be obtained from the SEEHOA
       the shade cloth fencing.                               Management office.
30.0   SKILLS TRAINING.                                32.2   The Principal Building Contractor is obliged
                                                              to sign a Debit Order for this levy and submit
30.1   In the interest of Local Community                     it to SEEHOA at least 3 days prior to the site
       Development, local labour must be employed             hand over date.
       wherever possible, and an on site skills
       training programme must be implemented.         33.0   NON-WAIVER.
       Details of the training programme to be
       submitted to SEEHOA at each site hand           33.1   No indulgence, which any party may give to
       over.                                                  the other party in terms of this agreement,
                                                              shall constitute a waiver by the former of any
31.0   MAINTENANCE AND DAMAGE LEVY.                           of its rights under this agreement.
31.1   All Building Contractors and Owner/Builders     34.0   VARIATION.
       will pay a monthly non refundable verge and
       street damage levy. This levy is payable from   34.1   No agreement varying, adding to, deleting
       the date of the site handover and will                 from or canceling this agreement, and no
       continue through to the date the SEEHOA                waiver of any right under this agreement,
       Building Control Manager has done the “As-             shall be effective unless reduced to writing
       Built” Completion site inspection with the             and signed by or on behalf of the parties.
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