QUANTITY SURVEYING AND PROJECT MANAGEMENT CONSULTANCY (Agreement, Charges And Conditions of Engagement) Preface [he Quantity Surveyors Registration Board of Nigeria (QSRBN) was established by the Quantity Surveyors (Registration, etc.) Act of 1986 (Now, CAP Qj LEN, 2004) as an Agency of the Federal Government responsible for the Registration, Regulation, Cont ol, Administration, Discipline etc, within the quantity surveying profession in Nigeria. One of the Suey mandates of the QSRBN is to regulate and control the practice of the quantity Surveying profession in all its aspects and ramifications. Thus it has ‘the statutory responsibility, to enquire into, regulate and control the fees chargeable by registered quantity eurveyors for quantity surveying, associated and complementary services ike Management Consultancy Services. it is on the authority of this Mandate that this document titled “QUANTITY SURVEYING AND PROJECT MANAGEMENT SERVICES CONSULTANCY (AGREEMENT, CHARGES AND CONDITIONS OF ENGAGEMENT)” is issued for use by all registered quantity surveyors in Nigeria. The effective date for operation of this documentiis 13th July, 2016 when the governing board of the QSREN at ts 95th meeting approved it for use. It therefore replaces documents of this nature which had been in use at various times before now. This document is consistent with the decision reached by the Presidents and Registrars of the Seven Professional Regulatory Bodies in the Nigerian Construction Industry with due consultations with their respective nal associations and their consulting/practice associations in 2013. Gas/other sectors. A provision is made for the use of a Scale of Fees where this is desired by Mutual Consent between the Consultant and employer. Where the latter is done, a justification for this should be provided. This document is principally for quantity surveying services. All references to other services such as Project Management, Employer's Agent, Funders’ Representative and Project Monitor in this document are advisory. Quantity Surveyors engaged to offer such services shall ensure that they sign SEPARATE AGREEMENTS embodying the Scope, Details, Nature and Duration of such services with the employers concerned. Husaini A. Dikko PPNIQS, FNIQS, ROS Godson 0. Moneke FNIQS,ROS President, QSRBN Registrar, QSRBN Dated 13th July, 2016QUANTITY SURVEYING AND PROJECT MANAGEMENT CONSULTANCY (Agreement, Charges And Conditions of Engagement) ss ° na ‘ Contact This “Quantity Surveying and Project Management Consultancy (Agreement, Charges and Conditions of Engagement)" is published and issued by the Quantity Surveyors Registration Board of Nigeria (QSRBN). (c) Quantity Surveyors Registration Board of Nigeria (QSRBN). Copies of this document may be obtained from the following: 1. Quantity Surveyors Registration Board of Nigeria (QSRBN), 21, Sa'Adu Zungur Avenue (4th Avenue), Gwarimpa, ‘Abuja-FCT. ‘Tell: +284 81-897-1925, +294 81-1216-8999 Email: gsrbn.rqs@gmail.com, info@qsrbn.gov.ng Website: qsrbn.goving All Zonal Offices of the Quantity Surveyors Registration Board of ‘Nigeria (QSRBN) across the federation. . The Nigerian Institute of Quantity Surveyors (NIQS) Head Office and all its state chapters across the federation. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronics, mechanical, photocopying, recording or otherwise, without the prior permission of the Quantity Surveyors Registration Board of Nigeria (QSRBN).(QUANTITY SURVEYING AND PROJECT MANAGEMENT CONSULTANCY (Agreement, Charges And Conditions of Engagement) TABLE OF CONTENTS Page PREFACE eas ea cg CONTACT eee ae - ii TABLE OF CONTENTS ee meee St APPOINTMENT OF QUANTITY SURVEYING CONSULTANT AND/OR PROJECT MANAGER ee rere ity NOTES ON THE MEMORANDUM OF AGREEMENT AND SCHEDULES 2 AGREEMENT FOR PROVISION OF CONSULTANCY SERVICE 3 1.0 CONDITIONS OF ENGAGEMENT. 4 DERINIONS ANDINTERERETATIONG! og 2.0 APPOINTMENT OF CONSULTANT __ _u 3.0 SCOPE OF SERVICES _ Nl Se ee 4.0 HEALTH & SAFETY AND STATUTORY REQUIREMENTS ul 3.0 OBLIGATIONS AND AUTHORITY OF THE CONSULTANT MW Sl Dub ot Cueee on eee eee N $2 Consultant's Authority. u 3.3 Limitation of Warranty = 4213 Poe Sea eee Ty 5.5 No Alteration to Services 12 ee Y 6.0 OBLIGATIONS AND AUTHORITY OF THE CLIENT. 12 6.1 Information, Decisions, Approvals and Instructions 12 6.2 __ Responsibilities of others, 12 a 7.0 | REMUNERATION. 13 7.1 Reimbursement of Expenses 13 rere ee 7.2 Payment 13 ee 7.3. Payment Dates and Withholdings 14 7.4 Adjustments to the Fee. 14 8.0 FACILITIES AND STAFF. 5 ee 9.0 COMMENCEMENT OF APPOINTMENT. 15 10.0 DELAYS TO CONSULTANT SERVICES. 15 11.0 CARE, DILIGENCE AND RESPONSIBILITIES 12.0 ASSIGNMENTSANDSUB-LETTING ag Sub-Lettin, 16 13.0 INCAPACITY OF CONSULTANT, RECORD AND COPYRIGHT 16 14.0 POSTPONEMENT OR ABANDONMENT. 17 14.2 Pre-Contract Services 17 14.3 Post-Contract Services, 17 15.0 RESUMED AGREEMENT. 1716.0 17.0 171 172 173 18.0 19.0 20.0 21.0 22.0 2A 22.2 QUANTITY SURVEYING AND PROJECT MANAGEMENT CONSULTANCY (Agreement, Charges And Conditions of Engagement) ALTERATIONS AND MODIFICATIONS OF THE WORKS OR THE SERVICES 7 a TERMINATION AND SUSPENSION OF SERVICES. 18 Procedure and grounds for termination 18 Procedure and grounds for suspension, 18 Effects of termination or suspension. 19 INSURANCE, 20 COPYRIGHT AND USE OF INFORMATION. a FORCE MAJEURE. 20 LAWS OF THE AGREEMENT. 20 DISPUTE RESOLUTION 20 Negotiation and Mediation 20 Arbitration, 21 SCHEDULES 23.0 21 FIRST SCHEDULE 22 eg SCOPE OF SERVICES, 23 ee Service Type A —Basic Services 23 Stage 1 - Preliminary and Budget Estimate (Milestones! & 2) 23 Stage 2 - Pre-Tender Estimate/Pre-Qualification of Contractors and Tender Documentation (Milestones 3, 4 & 5), 2B Stage 3 - Tender Analysis, Contractor Selection and Contract Administration Service Type B— Non Basic Services (Additonal Services) (Post-Tender Services) (Milestones 6, 7, 8 & 9) 23 25 eee ee Service Type C— Management Services 26 SECOND SCHEDULE. 27 ee EES Ey Part A~ Fees, 1.0 Ll 12 13 14 15 16 Part B- Schedule of Fee Installments — Basic Services, Part C - Time Charges for Consultant Quantity Surveying Services Expenses and Payments, 28 Se ee Basic Fee 28 Percentage Fees 28 Lump Sums 28 Time Charges, 29 Revision of Lump Sums and other rates 29 Fee Adjustment 29 30 31 Part D - Remunerations Based On Scale of Fees 32 ee Part E - Remunerations for Non-Basic Services 33 eee Part F - Repetitive Works 33 ‘THIRD SCHEDULE. 34 dl f Stalk, = Composition of a 35 ee FOURTH SCHEDULE, 36 10 HE Reimbursable Expenses 37 Reimbursable Expenses Computed for Clause 6 —————_____37F QUANTITY SURVEYING AND PROJECT MANAGEMENT CONSULTANCY (Agreement, Charges And Conditions of Engagement) cai i ee i i ek a APPOINTMENT OF QUANTITY SURVEYING. CONSULTANT AND/OR PROJECT MANAGER Quantity Surveying Firm's Name and QSRBN Firm Registration Number: Quantity Surveyor's Name and Registration Number: ...QUANTITY SURVEYING AND PROJECT MANAGEMENT CONSULTANCY (Agreement, Charges And Conditions of Engagement) a a a a ca NOTES ON THE MEMORANDUM OF AGREEMENT AND SCHEDULES A Consultant who is engaged by a client to perform any of the professional advice and services described in THE FIRST SCHEDULE ~SCOPE OF SERVICES, of this document shall not charge less than the approved Scale of Professional Fees described in THE SECOND SCHEDULE in addition to other payments as described in THE FOURTH SCHEDULE reimbursable provided that higher fees and charges were justified by Consultant Quantity Surveyor's expertise experience or standing may be applied with the prior agreement of the client. Allfees and charges set out in this Scale of Professional Fees are exclusive of VAT. Heading: Under this Agreement the client employs the Consultant Quantity Surveyor to perform any of the Quantity Surveying, Project Management and other allied services, Clause 8.1: Insert here the Clause number from The First Schedule Service Types A, Bor Coovering the services required. Clause 11.2.8: The names of Sub-Consultants assignees are to be inserted here and the consultant is advised to draw up an agreement with each Sub-consultant to cover their services and payment terms; furthermore such sub-agreements may be required for other purposes. (Foreign exchange purposes).