CONTRACTORS CODE AND GUIDELINES

CONTRACTORS’ CODE AND GUIDELINES

FEBRUARY 20___

1. Definition of Terms

1. In this Contractors’ Code and Guidelines, unless otherwise indicated or the context otherwise requires, the following words and phrases shall have the meanings assigned to them hereunder and cognate expressions shall bear the corresponding meanings:

1. “Annexures” means any document, approved by the parties, which may be incorporated into this Contractor’s Code of Conduct (hereinafter defined) in the form of attachments.

1. “Applicable Law” means any of the laws, regulations, policies, guidelines, statutes, directives, or other directions issued by a Competent Authority including but not limited to those that have been enumerated in Section 3 of this Contractor’s Code of Conduct.

1. “Approved” means approval and/or authorization granted by DCC (hereinafter defined) and confirmed in writing by the duly authorized signatories of the Parties.

1. “Business Day” means any day other than a Saturday, Sunday, or official public holiday in the DRC.

1. “Contractor’s Code of Conduct” means this Contractors’ Code of Conduct and Rules as adopted and amended from time to time by the Developer.

1. “Common Areas” means: 

• such portions of Phase 1 Kiswishi SEZ (hereinafter defined) which are not subject to an exclusive right of use by any registered property owner within Phase 1 Kiswishi SEZ;

• such portions of Phase 1 Kiswishi SEZ which are registered in the name of the Developer or assigned to the Phase 1 ManCo (hereinafter defined), BUT SUBJECT TO the condition that such portion of Phase 1 Kiswishi SEZ shall be used in common by all property owners within Phase 1 Kiswishi SEZ in terms of any law or condition or authority for use as may be specified in any applicable instrument, from time to time; and

• such portions of Phase 1 Kiswishi SEZ which may be designated in any manner or in terms of any law or condition or authority for use in common by all property owners within Phase 1 Kiswishi SEZ;

AND such portions of Phase 1 Kiswishi SEZ which may constitute, inter alia, the pedestrian walkways, concourses, gardens, parking areas, public and natural open spaces, parks and squares, and all other facilities, utilities, and other improvements on Phase 1 Kiswishi SEZ which are to be utilized for the common use of the lessees, occupiers, invitees, licencees and lawful visitors of Phase 1 Kiswishi SEZ BUT EXCLUDING roadways and stormwater systems, owned by the Developer or assigned to the Phase 1 ManCo.

1. “Contractor” means a person who carries on business as a contractor where such person, for reward or other valuable consideration, undertakes the construction, installation or erection, for any other person, of any structure situated below, on or above the ground, or other work connected therewith, or the execution, for any other person, of any alteration or otherwise to any structure or other work connected therewith. and undertakes to supply.

1. “DCC” means Phase 1 Kiswishi SEZ Development Control Company Limited, a limited liability company established by Phase 1 Kiswishi SEZ Limited under registration number [insert] to review and approve precinct, site development, building plans (including signage applications) and monitor all works in terms of the Phase 1 Kiswishi SEZ Development Manual and Building Standards.

1. “Developer” means Phase 1 Kiswishi SEZ Limited.

1. “Employer” means the person or entity which has engaged and employed the Contractor on behalf of whom the Works (hereinafter defined) is undertaken.

1. “ESIA” means the Environmental and Social Impact Assessment for Industrial Buildings.

1. “Land” means the specific land parcel at Phase 1 Kiswishi SEZ on which the Works will be carried out.

1. “Phase 1 ManCo” means the Phase 1 Kiswishi SEZ Management Company Limited, a company appointed by the Developer to oversee the management of Phase 1 Kiswishi SEZ with the right to act on behalf of the Developer by the implementation of the rights and obligations of the Developer.

1. “Master Declaration” shall mean the Declaration of Covenants, Conditions, and Restrictions for Phase 1 Kiswishi SEZ as it may from time to time be amended or supplemented.

1. “Sub-contractors” means any suppliers or sub-contractors appointed by the Employer and/or the Contractor for the purposes of carrying out the works.

1. “Phase 1 Kiswishi SEZ” means Phase 1 of Kiswishi SEZ as per the layout or parcel plan for that Phase.

1. “Works” means the earthworks, construction, extension, installation, repair, maintenance, renewal, removal, renovation, alteration, dismantling, or demolition works that the Contractor has been employed by the Employer to carry out on the Land.

• Introduction

• Phase 1 Kiswishi SEZ residential area called ‘KIMIA’ (the “Property”) which comprises part of the Land and is delineated on the Parcel Plan.

• This Contractor’s Code of Conduct is applicable to all Contractors and Sub-contractors who are appointed to undertake Works in Phase 1 Kiswishi SEZ.

• In the interests of safety and the avoidance of health risk incidents, emphasis is placed on safety and accident prevention procedures.

• Legislation

For purpose of this Contractor’s Code of Conduct, the following Urban Area and Precinct Rules will be deemed to be Applicable with which, subject to the scope of the Construction Works, all Contractors must adhere to when undertaking any Works within Phase 1 Kiswishi SEZ:

• DCC Fees for Review of Proposed Building Plans

• The owner must pay the requisite fees invoiced by the DCC in respect of the review of building plans, which fee is payable upon issuance of the DCC’s invoice and before submission of an application for building approval to the Ministry of Lands & Physical Planning. The separate DCC Development Control Guidelines on review of building plans also apply.

• Until the DCC Fees are paid in full and cleared funds, the Contractor shall not begin any kind of construction or improvement, as defined under the Master Declaration, on the Land whatsoever.

• Service Charges owed and the fee highlighted in 6.1.1 below must be paid in full before the Contractor begins the Works.

• Project Plan

• A Contractor shall not commence building work before submitting detailed building plans to the DCC, which must include:

• details of building work to be undertaken; 

• details of the Contractor’s logistics plan;

• the commencement and anticipated finishing dates of the building contract;

• confirmation that the DCC Fees have been paid in full; and

• until the Employer has full DCC approval for the Works.

• The Employer or the Contractor shall also submit all licenses and permits from a Competent Authority that would be applicable to the project and the proposed Works.

• Land Access and Egress

• A Contractor or Sub-contractor shall not commence building or any work within Phase 1 Kiswishi SEZ before –

• being fully approved as a Contractor or Sub-contractor in Phase 1 Kiswishi SEZ;

• reporting to the DCC for the pre-building interview;

• returning to the DCC a duly signed acknowledgment copy of this Contractor’s Code of Conduct together with the supporting documents and information specified therein;

• maintaining a comprehensive and accurate record of the employees and Sub-contractors who will require access to the premises, including copies of their respective national identification cards.

• supplying to the DCC or its designated representative, in writing, the following particulars of employees and Sub-contractors who will require access to the premises and to notify the DCC, in writing, of any changes within seven (7) days from the date when such changes occur:

• full name;

• passport size photograph;

• National identification card number; and

• designation.

• ensuring that the Contractor’s staff, agents, and Sub-contractors comply with this Contractor’s Code of Conduct.

• A pre-building inspection of the site shall be conducted by the DCC to record its condition for future comparison.

• Only authorized vehicles will be allowed into Phase 1 Kiswishi SEZ. Deliveries must be made on Business Days and during off-peak hours being the hours before 09h00 and after 15h00.

• Contractors and their suppliers shall only enter and exit through the designated access and egress routes, that is, through a plot or roads as determined by the DCC or its designated representative. Contractors will be responsible for their staff and suppliers. The Developer may alter access routes from time to time.

• No vehicles will be allowed to cross any part of the natural open green areas, or parkland, or to deviate from roads or recognized road routes. Any driver contravening this rule will attract a spot fine as determined by the Phase 1 ManCo, and shall be liable for any damage sustained.

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

• Contractor’s Equipment

• The Contractor shall be responsible for all Contractor’s equipment when brought on to the Land.

• The Developer shall not be liable for any loss or damage to any of the Contractor’s equipment.

• Contractors’ Camp

The Contractor shall provide to the DCC a site plan detailing the positioning of any proposed labor camp for approval by the DCC. Use of the labor camp will be restricted to the contractor’s personnel only and for purposes connected with Works. Access to any such facility will be strictly controlled by an access control system and Phase 1 Kiswishi SEZ security personnel. Save for the security staff, the labor camp shall not be used as a residence.

• Protection of the Environment

• The Contractor shall take all reasonable steps to protect the environment (both on and off the Land) and to limit damage and nuisance to people and property resulting from pollution, noise, and other results of his operations.

• The Contractor shall ensure that emissions, surface discharges, and effluent from the Contractor’s activities shall not exceed the values stated in the specification or prescribed by Applicable Laws.

1. Contractor’s Staff

1. The Contractor shall ensure that all staff (including casual employees and staff employed by Sub-contractors) are suitably qualified and experienced for their respective roles.

1. All staff registered in terms of 10.1 will be issued with a permit by the DCC or its designated representative, specific to their working site or designation, which must be worn at all times whilst on the Land.

1. All Contractors and Sub-contractors must issue their employees with an identification card, which shall contain the employee’s colour photograph, full name, designation, and national identification number.

1. The Contractor is responsible for the discipline of its members of staff and those of the Contractor’s agents, Sub-contractors, and suppliers.

1. The Contractor will ensure that its direct and indirect employees always have the statutory, DCC and Phase 1 ManCo recommended personal protective gear on while onsite. Any non-compliance will attract spot fines by the Phase 1 ManCo or DCC to be paid by either the noncompliant employee, the contractor or both.

1. Staff movements shall be restricted to their designated places of work within the Land and/or Phase 1 Kiswishi SEZ. Accessing unauthorized areas and trespass on other properties within or adjacent to Phase 1 Kiswishi SEZ is strictly prohibited. Any person found accessing unauthorized areas without reasonable justification will be liable to payment of a spot fine and / or may be required to vacate Phase 1 Kiswishi SEZ with or without notice.

1. If any employee is found guilty of the following offences without reasonable justification the employee and/or the Employer may be evicted from Phase 1 Kiswishi SEZ and denied any opportunity to undertake any further Works on the Land;

1. disturbing or endangering the animal, fish, or birdlife;

1. stealing or removing material or goods from the Land and/or Phase 1 Kiswishi SEZ without permission; and

1. involvement with any form of violence or other disturbance, or nuisance.

1. Each Contractor shall be responsible for its Sub-contractors and any damages caused by its employees, Sub-contractors, and/or delivery vehicles delivering material to the Land, and shall be liable to pay for any damages that may occur on the Land and/or Phase 1 Kiswishi SEZ. The damages include damages to kerbs, roads, utility services, irrigation, streetscape, and or damage to private property.

1. The remedies set out in this Contractor’s Code of Conduct will apply without prejudice to any other remedies available to the Developer and the DCC under the Master Declaration or at law.

1. Sub-contractors

1. Contractors shall ensure that Sub-contractors and suppliers receive copies of and comply with this Contractor’s Code of Conduct.

1. The provisions of this Contractor’s Code of Conduct shall apply to all Contractors and Sub-contractors undertaking any Works at Phase 1 Kiswishi SEZ.

1. Compliance

1. Contractor’s employees and Sub-contractors are to observe the provisions of the DCC approval. Failure to do so may result in –

1. the suspension of the Works on the Land;

1. fines;

1. stop orders; and

1. demolitions.

1. Every Contractor shall ensure that they shall comply with all other applicable legislation in DRC (as amended from time to time) regardless of whether or not it is expressly mentioned in this Contractor’s Code of Conduct.

1. Fire and Smoking

1. Under no circumstances will smoking be allowed in areas designated as “No Smoking” zones and any person contravening this rule may be asked to leave the Land and/or Phase 1 Kiswishi SEZ.

1. Fires shall only be allowed with written permission from the DCC.

1. Intoxication and Drug Use

1. No alcoholic beverages will be allowed onto the Land by any contractors, sub-contractors, or workers.

1. Any person who is, or appears to be, intoxicated or under the influence of drugs or any other condition that may render, or be likely to render, him incapable of taking care of himself, or of persons under his charge, shall not enter, or be allowed to enter the Land.

1. The Contractor shall ensure that any employee under the influence of alcohol or drugs is excluded from the Land and shall report the incident to the security officer on duty as soon as possible.

1. Entering Unauthorized Areas

1. A Contractor shall only enter those parts of Phase 1 Kiswishi SEZ to which authorization has been granted. It must be emphasized that the Works may only take place inside the Land.

1. A Contractor is restricted to the Land and no Contractor or that Contractor’s employees will be allowed to sit, walk or wander about other properties within Phase 1 Kiswishi SEZ.

1. If an employee of a Contractor is found outside the Contractor’s site on the Land, the employee and/or the Contractor and/or the Contractor’s foreman shall be issued with a verbal warning from the DCC. Should the employee not adhere to the verbal warning and again be found outside the Contractor’s site, the DCC shall be entitled (at its sole and absolute discretion) to –

1. remove the employee from the Land and deny any further access to such employee; and/or

1. a Contractor shall not, without an owner’s prior written consent, (other than the owner employing the Contractor) use any property belonging to such owner to unload or store any equipment, materials or for drive-through access to the Land.

1. Driving, Parking, and Deliveries

1. Only recognized roads and aisles within Phase 1 Kiswishi SEZ may be used, unless permission is obtained from the DCC

1. The Contractor shall ensure that drivers drive carefully and obey traffic rules and signs when driving on Phase 1 Kiswishi SEZ roads. All drivers must be in possession of a valid driver’s license. Failure to adhere to this will result in fines and/or impoundment of non-compliant vehicles by the Phase 1 ManCo and access to the Land being denied to the driver. The Contractor shall be responsible for all Sub-contractors and their actions.

1. Suppliers to the Land must know the plot number for delivery or access will be denied.

1. All drivers must obey any speed limit or other traffic safety measure introduced by Phase 1 Kiswishi SEZ.

1. Site House-keeping, Tidiness, and Waste Disposal

1. The Contractor shall maintain the Land in a clean and tidy condition as far as is practically possible.

1. It is the Contractor’s responsibility to ensure that all scrap and building rubble originating from the Works is removed from the Land to a suitable Phase 1 Kiswishi SEZ approved stockpile or dumping site(s). Accumulation of clean natural soil for backfill shall be neatly stockpiled within Phase 1 Kiswishi SEZ. Where materials vary in consistency and type there must be a separation between stockpiles in the designated stockpiling and dumping sites. A license from NEMA must be issued for temporary waste storage areas within Phase 1 Kiswishi SEZ. The Developer and/or the DCC shall control all movement of natural earth material into, out of, and within the confines of Phase 1 Kiswishi SEZ.

1. All waste shall be dealt with in terms of a construction waste management plan prepared by the Contractor and approved by the DCC and the Phase 1 ManCo. The waste management plan shall address the way in which the Contractor will comply with the management of waste disposal, recycling of waste, and mitigating dust, spillage, debris on Common Areas.

1. No concrete, cement, or such may be temporarily stored, mixed, or prepared on any of the roadways, kerbs, pavements, or Common Areas.

1. Materials that are offloaded by a supplier of the Contractor may not encroach onto the adjacent land, the pavement, or roadways. The Contractor shall move the material offloaded in a Phase 1 Kiswishi SEZ non-designated area within one (1) hour, failure to which appropriate penalties will apply.

1. The Contractor is also responsible for the removal of any sand or rubble that may have washed or moved onto the pavement or roadways.

1. Noise and dust reduction is essential, and the Contractor shall endeavour whenever possible to limit unnecessary noise, especially employee loud talking, shouting or whistling, radios, sirens or hooters, motor revving, etc.

1. The Contractor is to ensure that the roads in the vicinity of the Land are always kept neat and tidy, including materials, mud, or soil that may have been driven or dropped onto the road or sidewalk. All emergency exits/access for staff and vehicles must be kept clear at all times.

1. The Contractor shall provide adequate facilities for temporary rubbish disposal on the Land and ensure that all rubbish is removed from the Land weekly or more regularly if required. No rubbish may be burnt or buried on the Land. No form of paper, cement bags, tiles off cuts, ceiling boards, roof tiles, rubble, or the like shall be left lying around, or be allowed to blow off the Land. The Phase 1 ManCo may provide waste disposal facilities at a cost to the Contractor.

1. All waste is to be sorted into categories and stored in bins on the Land 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 material is to be stored and handled in terms of the relevant national legislation.

1. With the dams, rivers and water features on Phase 1 Kiswishi SEZ, 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 and adhere to the regulations as stipulated in the SEA and EIA. Special preventative control must be taken on waterfront sites to avoid spillage. DCC will carry out regular testing of water courses to ensure the Contractor’s environmental controls are in place.

1. Fires for cooking or any other purpose will not be permitted, and Contractors shall ensure approved alternate meal arrangements are made. The Contractor must ensure that its employees make no fires for heating purposes or any other reason.

1. The Contractor shall provide portable toilet facilities or use water tight cesspits, septic tank, or bio digesters as approved by DCC or its designated representative during construction. Alternatively, the Phase 1 ManCo will provide the toilet facilities at a cost to the Contractor.

1. The Contractor will provide temporary waste storage which will be regularly emptied for offsite treatment and disposal. All treatment and disposal will comply with any applicable DRC standards and documentation will be required by DCC to verify this.

1. No certificate of completion will be issued by the DCC unless it is satisfied that the Land is entirely cleared of all rubble, surplus material is removed, and is left clean, and any damage to roadways and other infrastructure caused by the Contractor has been reinstated to the satisfaction of DCC.

1. Should the Contractor not fulfill this obligation after receipt of written notice from DCC requesting the Contractor to remove the scrap and building rubble, DCC may proceed to clean the Land to their satisfaction and the Contractor and/or the Employer shall be liable to reimburse any costs reasonably incurred by the Developer and/or DCC in this regard.

1.  Evacuation on Completion of the Works

1. Upon completion of the Works, the Contractor shall ensure that all areas have been restored to a satisfactory level. This includes but is not limited to the following:

1. Contractor’s compound or working area where offices, plant, and equipment were stored;

1. temporary storage areas along with the work site; and

1. excavations/borrow pits, etc.

The Contractor shall not vacate the Land before all applicable matters outstanding (including but not limited to certificates, other documentation, fees, and fines) have been resolved with the DCC.

1. Contravention of the Guidelines and Penalties

1. Any practice undertaken by a Contractor on the Land likely to cause injury or loss of life will not be tolerated by the DCC. Failure to remedy such breach within a reasonable period prescribed by notice issued by the Developer and/or DCC may lead to suspension of Works.

1. Any fine imposed on the Contractor shall be deemed to be a debt due and payable by the Contractor or Employer forthwith on demand.

1. The Developer shall not tolerate any verbal or physical abuse on the Land and the Contractor shall ensure that any employee or Sub-contractor guilty of verbal or physical abuse is excluded from the Land and shall report the incident to the security officer on duty as soon as possible.

• Damage to the Developer’s Improvements and Developments

If any vehicles or any building materials of the Contractor, Employer or their staff, agents or Sub-contractors – or any other action by them – causes damage and/or litters the surface of any area of Phase 1 Kiswishi SEZ and its improvements (including finished roads within Phase 1 Kiswishi SEZ) the Developer may at its discretion either: 

1. require the Contractor and/or Employer to repair the damage to the Developer’s satisfaction and, in such instance, the Contractor must comply within the prescribed time; or
   1. repair and clean any such area and/or road and shall be entitled to claim all costs of any such repairs and/or cleaning from the Contractor and/or Employer.

• Indemnity by the Contractor and Employer

The Contractor and Employer shall be jointly and severally liable for – and hereby indemnify the Developer and DCC – in respect of any loss, harm or damage suffered or incurred (including reasonably incurred legal fees for defending any claims) on the Land or Phase 1 Kiswishi SEZ, or injury to persons, or death arising from the negligence, breach of statutory duty or default of the Contractor or the Contractor’s employees, agents, Sub-contractors or suppliers.

• Signage and Hoarding

• Two approved building boards (as per DCC_014_Project Notice Board) shall be erected on the Land. This includes a ‘Project’ board and one ‘Main Contractor’ board in terms of the Phase 1 Kiswishi SEZ Development Manual and signage criteria specification. An application indicating the size and position of the boards is to be submitted to the DCC for approval prior to installation. Boards are to be maintained in a level position and must be removed immediately after completion of the Works.

• Unless otherwise agreed to in writing by DCC prior to the commencement of the Works, the Land (including tips, material storage areas, and ablution facilities) must be enclosed on all sides by a 1.8m high hoarding screen, save that provision may be made for access to the Land.

• The hoarding (unless otherwise determined by DCC) must be a neat pole structure (placed at regular intervals) with stable horizontal members top and bottom, covered with 50% minimum density, green shade cloth, or material otherwise agreed by DCC. The hoarding shall be maintained and be neat at all times.

• Advertising on hoarding shall be allowed only with the prior approval of the DCC and upon payment of a fee to the Phase 1 ManCo.

• The temporary screen must be removed on completion of the Works, or when requested there by the DCC or its delegated representative.

• Should the DCC consider that special hoardings are required to protect third parties either within or beyond the Land, their decision is final and the Contractor must comply with all such requirements

• Working Hours

• Construction hours are limited from 08h00 to 17h00 and not evenings as set out in Phase 1 Kiswishi SEZ ManCo rules.

• Prior written approval, in the form of a permit, may be obtained from DCC for work outside of these hours. No construction activities will be permitted on public holidays or Sundays except with prior written approval from DCC or its designated representative.

• No employees of the Contractor may sleep overnight on the Land. Only security staff registered with DCC may remain on the Land to monitor and guard the Land.

• Labour and Human Rights

• The Developer is committed towards the protection of the labour laws, human rights, and immigration laws and therefore expects the Contractor to comply with all applicable laws and regulations including but not limited to the Land laws.

• The Contractor shall ensure that:

• the Contractor shall not employ forced labour, which consists of any work or service, not voluntarily performed, that is exacted from an individual under threat of force or penalty, and includes any kind of involuntary or compulsory labour, such as indentured labour, bonded labour or similar labour-contracting arrangements;

• the Contractor shall not employ children in a manner that is economically exploitative, or is likely to be hazardous, or to interfere with, the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral, or social development; and

• in case of an employee who is a foreigner, such an employee has the necessary documentation issued by the Department of Immigration indicating that he is permitted to work for the Contractor.

• Health and Safety

• The Contractor shall at all times take all reasonable precautions to maintain the health and safety of the Contractor’s personnel.

• In collaboration with local health authorities, the Contractor shall ensure that first aid facilities are available at all times at the Land, and that suitable arrangements are made for all necessary welfare and hygiene requirements and for the prevention of epidemics.

• Subject to the nature of the Works, the Contractor shall appoint an accident prevention officer at the Land, responsible for maintaining safety and protection against accidents. This person shall be qualified for this responsibility and shall have the authority to issue instructions and take protective measures to prevent accidents. Throughout the execution of the Works, the Contractor shall provide whatever is required by this person to exercise this responsibility and authority. The Contractor shall send, to the DCC, details of any accident as soon as practicable after its occurrence.

• The Contractor shall maintain records and make reports concerning health, safety, and welfare of persons, and damage to property, as the Employer may reasonably require and shall, upon request of the DCC, make these reports available for inspection.

• Sexual Harassment

• The Developer is committed to a work environment in which all individuals are treated with respect and dignity. All interactions must be business-like and free from harassment.

• Sexual harassment comprises unwanted sexual advances, or visual, verbal, or physical conduct of a sexual nature. This description includes many forms of offensive behaviour and includes gender-based harassment with a person of the same sex as the harasser. Examples include:

• unwanted sexual advances;

• offering employment benefits in exchange for sexual favours;

• visual conduct that includes making derogatory comments or jokes, leering, making sexual gestures, or displaying of sexually suggestive objects or pictures;

• physical conduct that includes touching, assaulting, or impeding or blocking movements; and

• unwelcome sexual advances (either verbal or physical) and requests for sexual favours.

• Any sexual harassment of the staff or agents of the Contractors, Developer, the Phase 1 ManCo is strictly prohibited. Any proven offenders will be liable to being expelled from Phase 1 Kiswishi SEZ, without prejudice to any other remedies that may be available at law.

• General

A Contractor shall –

• Use its best endeavours to maintain safety, security, and a clean and tidy environment at Phase 1 Kiswishi SEZ while undertaking the Works and shall at all times comply with the provisions of this Contractor’s Code of Conduct together with:

• the terms and conditions of the ESMP;

• the requirements of the EIA; and

• the Phase 1 Kiswishi SEZ Health and Safety Policy.

• report any theft, accident or unusual occurrence to Security without delay;

• report any fire, gas or spillage of acid or industrial waste to the DCC or Security office;

• not be allowed or any of a Contractor’s employees or Sub-contractor shall not be allowed to bring any firearms or traditional weapons onto the Land without the prior written approval of the DCC;

• ensure that its staff and all Sub-contractors, their staff, and suppliers observe the site speed limit as determined by DCC and Phase 1 ManCo. Due care must also be taken by all vehicles not to block the thoroughfare of the road;

• abide with the Safety, Health and Environment Policy of Phase 1 Kiswishi SEZ at all times;

• conduct its operation in a reasonable and co-operative manner and should the DCC and Phase 1 ManCo have any concern with the conduct of the Contractor, the Sub-contractor or his suppliers and any of their employees, the DCC reserves the right to suspend the Works either indefinitely or until such undesirable conduct is rectified;

• Vehicles leaking oil and fluids will not be permitted to park on the roadways, drip trays must be utilized and spillage must be dealt with accordingly. Contractors are expected to provide copies of all legal Health and Safety and other statutory documentation to the Developer on request and must comply with all national regulations;

• If any provisions of this Contractor’s Code of Conduct are vague and/or incomplete in any respect and/or if any dispute arises with regard to the interpretation of this Contractor’s Code of Conduct, the matter shall be determined by the Developer or its designated appointees;

• The Contractor and Employer shall be held jointly and severally liable for ensuring compliance with this Contractor’s Code of Conduct;

• In the event that an Employer replaces or adds the Contractor(s) engaged to undertake the Works on the Land, the Employer shall procure the execution of this Contractor’s Code of Conduct, and delivery of the duly acknowledged copy, to the DCC within seven (7) days from the date of appointment of the additional or replacement Contractor;

• The Developer and / or the DCC reserves the right to modify or supplement this Contractor’s Code of Conduct at any time by issuance of written notice to that effect to Employers and Contractors;

• This Contractor’s Code of Conduct shall be read together with the Phase 1 Kiswishi SEZ Master Declaration, the lease granted in respect of the Land and applicable laws and regulations (as amended from time to time); and

• This Contractor’s Code of Conduct shall be governed by the laws of the DRC.

Appendix I:

Attachments:

• Copy of Certificate of Incorporation;
  • Appointment letter from the Employer;
  • List of staff (full name, ID number and designation)
  • List of Sub-contractors (full name, ID / company number and designation)

Appendix II: Emergency Contacts

Appendix III: Prescribed Fines

The DCC will impose fines at its discretion, up to the prescribed minimum fee. This Appendix may be varied by the DCC at any time provided that any amendments shall not apply retrospectively. 

DCC Rate Card DCC Rate Card