ROMA PARK CONTRACTORS RULES AND REGULATIONS

ROMA PARK: CONTRACTOR

CODE OF CONDUCT RULES
For the ROMA PARK PROPERTY OWNERS ASSOCIATION PARTIES

Registration number: ________________________

(herein referred to as the "contractor")

Identity number/Registration number / IT number: ________________________ (herein

referred to as the "owner")

ROMA PARK PROPERTY OWNERS ASSOCIATION

Registration number: ________________________
(herein referred to as the "RPHOA")

These Contractors’ Rules are noted by the subscribers to the Memorandum of Association of the ROMA
PARK PROPERTY OWNERS ASSOCATION and the developer, (_________________) in terms of the
Regulations of the Articles of Association, for purposes of managing the conduct of builders while they
work in the DEVELOPMENT.
ROMA PARK CONTRACTORS RULES AND REGULATIONS

Definitions and Interpretation

In the interpretation of this document, unless the context otherwise indicates the Contractors’ Rules also
refer to the Security Procedure for Building Contractors attached as Annexure ________________.

This document is fully understood by the contractor and

owner(s) who undertake to comply with the provisions
thereof, in addition to any further controls which may be
instituted by the RPHOA or the developer from time to time in the form of a written notification and to
ensure compliance by any sub-contractors employed by the contractor, and any suppliers to either
contractors, sub-contractors or owners.

1.1 In this Agreement, unless clearly inconsistent with or otherwise indicated by the context, the
following words and phrases shall have the meanings assigned to them hereunder and cognate
expressions shall bear corresponding meanings: -

1.1.1 “Act” means the Companies Act, Cap 414, as amended from time, to
time and any regulations made and in force there under;

1.1.2 “Annexures” means any document, approved by the parties, which may be
incorporated into this Code of Conduct in the form of attachments;

1.1.3 “Approved” means approval and/or authorisation granted and confirmed in

writing by duly authorised signatories of the Parties;

1.1.4 “Business Day” means any day other than a Saturday, Sunday or official public
holiday in the Republic of Zambia, recognised as such under the Public Holidays
Act, of the Laws of Zambia;

1.1.5 “RPHOA” means ROMA PARK Home Owner’s Association, an organisation

representative of the property owners within the ROMA PARK development;
ROMA PARK CONTRACTORS RULES AND REGULATIONS

1.1.6 “DRP” means Design Review Panel established by the RPHOA to review and
approve any precinct or building plans and monitor all works in terms of the
ROMA PARK development manual;
Introduction

Roma Park is the first mixed-use development of its kind in

Zambia, providing an unmatched investment opportunity in
one of Africa’s fastest growing and most stable economies.
Offering a modern and unique concept in urban living, retail, commercial and light industrial
opportunities, Roma Park, a 120 ha multi-million dollar project, is a new blue print for economic growth.
Roma Park located in the heart of Lusaka, along the New Zambezi Road, 3km from Manda Hill Shopping
Centre & Mass Media, 6km from Lusaka town centre and 20km from the Lusaka International Airport.

The high value of infrastructure and the sensitivity of the environment to abuse, contribute to the need
for property owners and their agents to be aware of and support these controls especially during the
construction phases. The purpose of these Contractors’ Rules is to ensure a harmonious integration of
commercial, retail, residential and mixed use development and building activities within ROMA PARK with
minimal impact upon the environment, tenants, residents and others. In order to maintain aesthetics,
standards, general appearance and security arrangements it is necessary that owners, builders,
contractors, and their sub-contractors adhere to rules and regulations as determined by the RPHOA from
time to time.

Strict adherence to all aspects of the Contractors Rules are required and expected at all times and in all
respects. Fines and penalties as specified in this document may be imposed by the RPHOA in the event of
non-compliance.

As building activities within the development will be conducted over a lengthy time period, the following
guidelines have been formulated for the benefit of residents and property owners.
ROMA PARK CONTRACTORS RULES AND REGULATIONS

Site Access and Exit:

The contractor and owner acknowledges they are aware that ROMA PARK is a secured mixed use
community environment and will at all times adhere to the security regulations and controls, and agrees
to co-operate with RPHOA in the interest of maintaining security in the development.

Detailed procedures will be made available by the RPHOA to contractors that will include security
measures for authorized access and identification of vehicles and all personnel. This procedure is attached
as Annexure _____ hereto.

Hours of Work:
Contractors may only enter the development after 06hOO in the morning and must vacate the site by
18h00. No workers will be allowed to sleep overnight on site. Only registered guarding staff may remain
on the building site to monitor and guard the building site. Contractors may negotiate with the RPHOA's
appointed security company for this service, if required.

Construction will be limited from Monday to Friday between O6hOO and 18hOO and Saturday from 07h00
to 15h00. Unless otherwise arranged by prior written agreement with the developer or the RPHOA.

No construction will be permitted on Sundays and public holidays unless by prior written agreement with
the developer or the RPHOA.

Only authorized vehicles will be allowed into the development. Deliveries must be scheduled for between
06h00 and 17h00 on weekdays only unless by prior written agreement with the developer or the RPHOA.
The RPHOA security personnel reserve the right to subject vehicles entering and exiting the development
to a search.

Points of Access:
Contractors shall only access and exit through the designated area, that is, through a stand or roads as
determined by the RPHOA.
ROMA PARK CONTRACTORS RULES AND REGULATIONS

Any contravention of security and access rules will be severely dealt with by the RPHOA, and depending
on the nature and the circumstances, could lead to a fine in terms of class 14. in annexure 1 or to the
suspension of building work, and barring of access to ROMA PARK.

Contractors Labourers:
Labourers must be an employee of the contractor and only under limited circumstances will casual labour
be allowed on site.

All labourers must be registered at the Security Control Room

where they may be issued with a permit, which
must be worn at all times whilst on site. All contractors must, in terms of Construction Regulations 7(9)
issue their employees with an ID Card which contains a photo, full name, ID number of the employee and
the company name. Each individual company will be required to use different coloured paper, as
instructed by RPHOA, for ease of identification on site.

Discipline:
The contractor is responsible for the discipline of his labour, sub-contract labour and delivery personnel
on site.

Labourers are not permitted to walk between the construction site and the entrance/exit gates and should
follow designated pathways. Laborers will remain on the site where they are busy constructing, and will
not be allowed to move between construction sites in the development.

The contractor of any employee found walking across the environmentally sensitive green areas, between
sites will be spot fined in terms of class 14 annexure 1, and the employee may be liable to instant removal
from site.

No vehicles will be allowed to cross any part of the green areas, or parkland, or to deviate from roads or
recognized road route. Any vehicle contravening this rule will attract a spot fine in terms of class 17
annexure 1, and may be liable for instant removal from the site and liable for damages sustained.
ROMA PARK CONTRACTORS RULES AND REGULATIONS

Vehicles with mechanical legs on trailers must use protection for possible road surface damage.

Any dispute between the contractor and its employees must be settled outside the boundaries of the
development.

If any employee is found disturbing or endangering the animal, fish or bird life, or is found pilfering,
stealing or removing material or goods off site without permission or is involved with any form of violence,
the company who employs that person will be removed from the site and both employee and company
will be denied the opportunity to undertake any further work on the site.

The contractor is responsible for all his sub-contractors as well as the deliveries, and any damages caused
by his own employees, sub-contractors employed by him or delivery vehicles delivering materials to his
site, and he is liable to pay for any damages that may occur on the site. These damages also include
damage to kerbs, roads, plants, irrigation and or damage to private property.

The RPHOA will have the sole discretion as to the nature, extent and value of these damages, and the
identification of respective vehicles and persons.

Housekeeping Hoarding, Tidiness and Waste Disposal:

The site is to be kept as clean as possible of building rubble and general cleaning and good housekeeping
practice must take place during building operations.

No concrete, dagha, cement or such may be temporally stored, or mixed or prepared on any of the
roadways, kerbs and pavements.

Materials that are off loaded by a supplier of the contractor may not encroach onto the adjacent site, the
pavement or roadway. Where suppliers fail to adhere to this, the responsible contractor shall move the
materials accordingly. The contractor is also responsible for removal of any sand or rubble that may have
washed or moved into the road.
ROMA PARK CONTRACTORS RULES AND REGULATIONS

The contractor is to ensure that the roads in the vicinity of his building site is always kept neat and tidy,
including materials, mud or soil being driven or dropped onto the road or sidewalk.

The contractor shall provide adequate facilities for rubbish disposal and ensure that the workers use the
provided facilities and that the rubbish is removed every Friday. No rubbish may be burnt or buried on
site. No form of paper, cement bags, tile off cuts, ceiling boards, roof tiles, rubble, or the like Is to be left
lying around, nor be allowed to blow off the site.

All waste is to be sorted on site into categories and stored in

bins on site prior to disposal or recycling. The categories
will include but not be restricted to, paper and related products, ceiling products and gypsum, plastics,
concrete, clay and tile products. Any toxic waste materials are to be stored and handled in terms of the
Environmental Protection and Pollution Control Act (Cap 404).

Accumulation of clean natural soil for fill shall be neatly piled. With the RPHOA's consent on-site disposal
dump or spoil zones may be arranged.

With the dams, rivers and water features on ROMA PARK, pollution and contamination of groundwater
and run-off water is particularly sensitive. Contractors shall ensure special care in their handling,
disposal and cleaning up operations. Special preventative controls must be taken on waterfront sites to
avoid spillage.

Fires for cooking or other purposes will not be permitted, and contractors shall ensure approved
alternative meal arrangements are made. Contractors must ensure that their employees make no fires
for heating purposes.

The contractor shall provide approved portable chemical toilets facilities or toilets temporarily coupled
with the sewerage system for the workers. Toilets and changing facilities shall be suitably positioned and
screened with forest fence and kept hygienic.
ROMA PARK CONTRACTORS RULES AND REGULATIONS

Two approved building boards shall be erected per site. This includes a “Project” board and one “Main
Contractor” board in terms of the ROMA PARK Development Manual and Signage Criteria Specification.
An application indicating the size and position of the board is to be submitted to the design review panel
for approval prior to installation. Boards are to be maintained in a plumb and level position and must be
removed immediately after completion of each project.

No contractors, sub-contractors or suppliers boards of any kind will be allowed.

The certificate of completion issued by the RPHOA includes

for the site to be entirely cleared of all rubble, surplus
materials, and be impeccably clean, and the verge
reinstated, all to the satisfaction of the RPHOA.

Unless otherwise agreed to in writing by the RPHOA, prior to the commencement of building works, all
building sites (including tips, material storage areas and ablution facilities) must be enclosed on all sides
by a 1,8m high hoarding screen, save that provision must be made for access to the site.

The hoarding must consist of a neat pole structure (placed at regular intervals) with stable horizontal
members top and bottom, covered with 50% minimum density, green shade cloth. The hoarding shall be
maintained and be neat at all times.

The temporary screen must be removed on completion of construction, or when requested thereto by
the RPHOA.

Should the RPHOA consider that special hoardings are required to protect third parties either within or
beyond the development, its decision is final and the contractor must comply with all such requirements.

Note that Contractors will be required to produce a construction waste management plan.

General:
ROMA PARK CONTRACTORS RULES AND REGULATIONS

The speed limit is 30 km/h and speeding and reckless driving will not be tolerated. Due care must also be
taken by all vehicles not to block the thoroughfare of roads.

No pets, birds, or domestic animals of the contractors' will be permitted into the development. Noise and
dust reduction is essential, and contractors shall endeavor whenever possible to limit unnecessary noise,
especially employee loud talking, shouting or whistling, radios, sirens or hooters, motor revving etc.

Dust control measures are to be implemented at all times.

Contractors' are expected to conduct their operation in a

reasonable and co-operative manner. Should the RPHOA
have any concern with the conduct of the contractor, his
sub-contractor or his suppliers and any of their employees, the RPHOA may rectify as deemed necessary
and/or reserve the right to suspend building activity either indefinitely or until such undesirable conduct
is rectified, which it may do so at any time and without notice, and without recourse from the owner
and/or contractor and/or sub-contractor, and/or supplier.

Vehicles leaking oils and fluids will not be permitted to park on the roadways, drip trays must be utilized
as specified in the Environmental Management Plan and spillages must be dealt with accordingly.
Contractors are expected to provide copies of all legal Health and Safety and other statutory
documentation to the RPHOA on request.

Building Plan Submission and Building Inspections:

The following must be adhered to before building plans and approval of building operations will be
considered for inspection:

Charges and Deposits

A plan approval fee of Zambian Kwacha ZMK 3,000.00 for a double storey and ZMK2,000.00 for a
single storey (non-refundable) is payable to the RPHOA on behalf of the DRP.
Should resubmission of plans be necessary, additional scrutiny fees, as provided for, will be levied by the
DRP.
ROMA PARK CONTRACTORS RULES AND REGULATIONS

Building deposit fee of ZMK 1000.00 will be payable before contractors are allowed on site. The deposit
amount will be used in event there is a breach on non-performance to remove rubble or make good any
damage caused by the contractor or his sub-contractors or suppliers, including kerbing, landscaping,
community services, roads, irrigation etc and for any outstanding spot fines.

To protect the architectural integrity of the development a building control fee of Zambian Kwacha ZMK
790.00 per month will be charged whilst a building is under construction. Regular inspection on site will
ensure that buildings are built according to the approved drawings.

The Building Deposit shall be released subject to the submission to the

RPHOA of:

(a) Local Authority's certificate of completion and occupancy;

(b) Practical Completion Certificate from the DRP;
And
(c) The ROMA PARK PROPERTY OWNERS ASSOCIATION’s appointed agent's certificate of
completion.

The BUILDING DEPOSIT shall only be refunded 14 days after all of the above documents are correctly
completed and submitted.

The RPHOA reserve the right to prevent the occupation of any building if the above is not fully adhered
with.

Fees will increase from time to time at the discretion of the RPHOA.

The RPHOA DRP will sit regularly for inspection of plans.

ROMA PARK CONTRACTORS RULES AND REGULATIONS

All plans necessary for Council approval must be firstly submitted to the RPHOA DRP in terms of the ROMA
PARK Property Owners Association Precinct Development Manual. Plan approval fees from the Council
are for the building owners account

Submission of Plans
All Site Development Plans and building plans must be submitted for approval to the DRP in terms of the
requirements of the Precinct Development Manual.

A signed copy of these guidelines and the Environmental Management Plan must be submitted by the
leaseholder of the plot.

Inspection by the DRP:

The DRP will carry out site inspections during the following stages
of construction:

• surface bed level;

• completion of roof structure; and

practical completion.

The DRP may inspect the works at any stage during construction and may request any reasonable
alterations and/or additions to ensure that the general design guidelines as intended for the development
are implemented.

The owner is responsible to notify the developer / RPHOA as to when the stages of completion as set out
above have been reached in order to arrange for the building controller to inspect the works.
It is the owner’s responsibility to ensure compliance to the guidelines.

Occupation
Occupation of the premises will only be allowed after the owner has produced an Occupation Certificate
from the City Council and the DRP's certificate of practical completion.
ROMA PARK CONTRACTORS RULES AND REGULATIONS

Fines and penalties to be imposed on contractors and/or owners

In the event that contractors and / or owners do not comply with the Building Rules, the fines and
penalties indicated in clause 17 annexure 1 hereof will be applicable, which fines are to be imposed at the
discretion of the RPHOA and will be reviewed from time to time.

Contractors and owners are jointly and severally liable for any fine or penalty imposed by the RPHOA. The
fines and penalties are to be paid within 7 (seven) calendar days at the offices of the RPHOA.

If fines are not paid within the prescribed period, building activities will be suspended from the 8th day
following the issuing of the fine or penalties, until such time as payment has been made.

Building Deposit
To ensure compliance by the property owner with all its
obligations imposed in terms of this document, a building
deposit shall be paid by the property owner directly to the
RPHOA before commencement of construction. Payment may be secured by means of a bank guarantee
acceptable by the RPHOA.

Building deposit amounts are as follows:

BUILDING ACTIVITY BUILDING DEPOSIT
New Development 2% of Purchase price of property
(maximum of ZMK52000.00)

Deposits will be placed in the RPHOA auditors trust account which will be interest bearing and for the
benefit of the property owner. The balance less any drawdowns in respect of damages caused by the
property owners contractors to ROMA PARK infrastructure and any cleaning charges incurred in
respect of spillage to adjacent plots or other charges incurred by the RPHOA in fulfilling the property
owners obligations, will be refunded on the completion of construction. Completion will be evidenced
by a completion certificate issued by the property owners Architect/Quantity surveyor. The RPHOA
shall at its sole discretion determine what constitutes completion and charges in the event of a dispute.
ROMA PARK CONTRACTORS RULES AND REGULATIONS

Insurance
The property owner shall provide the RPHOA with a copy of his/her main contractors “all risk” insurance
policy if requested.

Penalties
RPHOA in their sole discretion reserve the right to dismiss from the ROMA PARK site any responsible
person, builder, contractor, sub-contractor, their staff or suppliers who disobey these stipulations or any
other RPHOA stipulation pertaining to the site. It is the responsibility of the property owner to ensure the
contractor is informed of these stipulations and any other applicable site stipulations and to ensure
compliance by all parties.

Fines for the transgressions listed below, may be imposed

by RPHOA on the leaseholder / contractor / tenant / visitor
/ service provider, in addition to any repair / remedial cost.
ROMA PARK CONTRACTORS RULES AND REGULATIONS

ANNEXURE 1

For each subsequent similar offence the fine shall double in value
to a maximum value of ZMK 25,000.00
The RPHOA shall be the sole judge as to what constitutes a transgression
in terms of this clause.
ROMA PARK CONTRACTORS RULES AND REGULATIONS

Any outstanding fines may be deducted from the Building Deposit. The developer reserves the right to
increase these fines at their discretion.

Contact Details of Parties:

Cellular number and

Parties Business Address Residential Address email address

The Contractor

The owner/leaseholder

RPHOA

INSURANCE
ROMA PARK CONTRACTORS RULES AND REGULATIONS

Parties Date Place of signature Witness

The Contractor 201 1.

2.

The Leaseholder/owner 201 1.

2.

The RPHOA 201 1.

2.

INSURANCE 1.

2.