REPUBLIC OF KENYA = Conditions of Enoasanati and Scales of ‘Fees for Professional Services for Building and Civil Engineering Works ’€cond Edition Part 1: Building Works 1989These Conditions of Engagement for the design and supervision of Public Works have been sevised by the Professional Fees The revision of these Conditions has keen basea on the S*perience gained in the use of Previous Conditions of Engagement in Commissioning Consultants and has also been necessitated by the neeg Part I of these Conditions deals with the uties and obligations Of both the citent and the wertous Consultants responsible for fhe design and supervision Sf "Building Works" as vel) as ' monitoring the cost thereof, 3# also sets out a scale of nes involved, Part II deals with Civil Engineering Works, such as highways, Bridges, dans, vater supplies ete. and specifies the CPligations of both the client Sd the Consultants, and. cots ou the scale of teas for the Service rendered by the Consultant xt is intended that these Conditions will be in line with Kenya's current political’ ana ®conenic cizcunstances, the Conditons have also been iti ae applicable to Building and civis Engineering Works. thes pondiepns of Engagenent have boon Prepared for use in the ee for the Private ‘sector, K-ALMA 0852 - 00202 CHAIRMAN a 2573 ROFESSIONAL FEES REVIEy Commrrres 2 meieo ee wah oan ananassae ta ta canes susan 2 eh om PART I BUILDING WORKSSection Section Section Section Section Section Sec: SECTION SECTION sEcrz 8 SECTION 100 200 300 600 700 PART BUILDING WORKS Introduction Memorandum of Agreement Conditions of Engagenent Schedules of Duties and Profes Charges of ARCHITECTS al Schedule of Duties and Professional Charges for QUANTITY SURVEYORS Schedules of Duties and Professional Charges for MECHANICAL & ELECTRICAL ENGINEERS Schedules of Duties and Professional Charges for STRUCTURAL ENGINEERS Schedules of Duties and Professional Charges for CIVIL ENGINEERS Appendices I - v PART IT CIVIL ENGINEERING WORKS Introduction Memorandum of Engagement Conditions of Engagement Obligations of the Client Obligations of the Consulting Engineers for roadworks, bridges and aerodromes Obligations of the Consulting Engineers for water, sewerags, dams irrigation, drainagé and ancillary works P ular Condi! to these works Apper Pace wm 6 80 94 AL (a) (eee) 14 25Section Section 2 Section Section Section Section Section 100 300 400 500 600 700 NAIROBI PAR BUILDING WORKS Introduction Memorandum of Agreemer Conditions of Engagement Schedules of Duties and Professional Charges for ARCHITECTS Schedules of Duties and Professional Charges for QUANTITY SURVEYORS Schedules of Duties and Professional Charges for MECHANICAL & ELECTRICAL ENGINEERS Schedules of Duties and Professional Charges for STRUCTURAL ENGINEERS Schedules of Duties and Professional Charges for CIVIL ENGINEERS Page @ 30 51 63 20 94PART I BUILDING WORKS INTRODUCTION A building project consists of elements, components, specialized service systems and related site works. In order to outline c. ely the duties and responsibilities of each Consultant involved in designing them; the term ding Works' has been used to describe all these parts. ‘Bu The design of ‘Building Works' as well as the process of monitoring their costs, is the responsibility of a multi- @isciplinary team made up of an Architect, a Quantity Surveyor and the various Engineers i.e. structural, civ, nical etc. electrical, mech The professional activities of an Architect and Quantity Surveyor respectively, are governed by the Architects and Quantity Surveyors Act Cap.525, Laws of Kenya, and the by-laws made thereunder. The activities of the various Engineers respectively are governed by Engineers Registration Act CAP 530 0f(1968), Laws of Kenya and the by-laws made thereunder. All these professionals have been referred to in these Conditions as ‘Consultants’ whose general duties and responsibilities have been defined and described in Section 200 of these Conditions.The specific duties, responsibilities and scale of fees relating to each particular Consultant are described in Sections 300, 400, 500, 600 and 700 of these Conditions. The primary professional responsibility of an Architect is to interprete the Client's requirements “into a building concept; design to detail such a concept; co ordinate and integrate the design work by Engineers and others into his design. He normally acts as Client's advisor on costs of the design and administers the building contract in consultation with other Consultants to ensure that the specified standards of materials and workmanship have been complied with by the building contractor. The role of the various Engineers on the other hand is to advise the Architect on the design and to detail the ‘specialist parts of the building such as a structural building elements, electrical and mechanical systems and related civil works; to ensure that such designs do not nitect's overall design but that the contractors or sub-contractors comply with the only intergrate well with the Arc! specifications therein. The role of the Quantity Surveyor is to advise on the cost of the project and to monitor ail financial aspects of the designs produced by the various Consultants and to prepare a Bill of Quantities and other contract documents; to evaluate the work at various stages of the construction in consultation with such Consultants and to prepare the final account.The success of any building project will depend largely on the effectiveness of co-ordination between the various members of the ‘design consulting tean' at all stages of project implementation. It is therefore imporgant that the Client first appoints one of the Consultants to her Consultants. The Client should the co-ordinate the o' agree in writing with each respective Consultant o! services, conditions and fee basis. It is advisable that the Client directs payment to each Consultant. For these reasons therefore it is necessary that the standard Agreement outlined in Section 100 of these Conditions of commissioning be accompanied by a separate iett to each Consultant. A sample letter of commissioning is included in Appendix III of these Conditions. (ai)oe SECTION 100 MEMORANDUM OF AGREEMENT THIS AGREEMENT is made the ... one thousand, nine hundred and ... between ....++ the Client) of the one part and .. the Consultant whose registered offices are situated in .. Kenya (hereinafter called the Consultant of the other part. WHEREAS A 7 Project Number ....++ (hereinafter called the PROJECT) as set out in the particular Conditions of the Conditions of Engagement attached hereto and has requested the Consultants to undertake . out in the Conditions of Engagement attached hereto. seeeees as set B. The Consultant has agreed so to do upon and subject to the terms and conditions hereinafter set forth. NOW THESE PRESENTS WITNESS and it’ is hereby agreed and @eclarea by and between the parties hereto as follows: (i). The Client hereby appoints the Consultant as Consulting in respect of the project and the Consultant agrees to provide professional services subject to and in accordance with the terms and Conditions of agement hereinafter set forth (44) This Memorandum of Agreement and the said Conditions of Engagement shall together constitute the Agreement between the Client and the Consultant.SECTION 100 MEMORANDUM OF AGREEMENTName , Address Occupat cere) ae This Memorandum of Agreement and the said Conditions have been signed and witnessed on the day and year stated. *signed on behalf of the Clien' Occupation .. | *countersigned on behalf of the Government of the Republic of Kenya according to Government Contract Act Cap 25: Permanent Secretary/Ministry of Finance Signed on behalf of the Con Name of Consulting Firm .. AGGreSS ees ee ee eee *For Government Works.100.0 100.01 100.02 100.03 100.4 100.5 -3- . GENERAL CONDITIONS Client neans the Government of Kenya or Corporation or company, or Person by whom the Consultant is employed for the purpose of fulfilling this Agreeme! Consultan means a person or firm whose partner (or partners) is registered with the respective Registration Board in Kenya as an Architect, Quantity Surveyor or Engineer and who is engaged in the practise of Architecture, Quantity Surveying or Engineering in relation to construction works and who has been engaged by the client as set forth under this Memorandum of Agreement. Project means the project referred to in this Agreenent as being the subject of Design and/or supervision. Preparing of documents necessary for the implementation of the projects. (44) Advising on appropriate conditions of Contract, forms of tender and invitation to tender as may be necessary to enable the project to be tendered for or otherwise directed by the Client. Supervision Means duties of the Consultants in invitation end evaluation of tender, the administration of the contract and the technical control of the construction of the project.SECTION 200 CONDITIONS OF ENGAGEMENT-4- L SECTION 200 CONDITIONS OF ENGAGEMENT a 201 DUTIES AND RESPONSIBILITIES 201.01 ‘The first primary duty of the Consultant is to safeguard the interests of the Client, and to sure that he receives the best possible advice, c followed by the execution of the project on the basis of sound construction practice at a minimum cost. 201.02 The Client may appoint one of the Consultants to be a principal Consultant whose duties will be to. lead the project and to co-ordinate the ectivities J of the other Consultants on behalf of the Client. 201.03 The principal or any other Consultant may advise the Client on the need to appoint other Specialist Consultants. 201.04 The duties of the Consultant in fulfilment of these w responsibilities are described in the relevant I section attached hereto. 201.05 The Consultant shall not i! any stage of his duties without the knowledge and of the Cl itiate or proceed with cons nt. 201606 The Consultant shall ensure that the proper cost planning services are rendered. These shell ' deemed to imply budget control by the prepa: estimates and shall include the following: ‘ation of (4) applying cost analysis techniques to establ cost targets for the various elements of the _ project commensurate with Client's requirement201.07 201.08 (a) (id) (iv) ow (vid (vid) (viii) advising on the cost implications of alternative forms of construction and alternative treatments of other elements, advising on the cost implications of alternative materials, preparing estimates of the various elements of the project from the Architect's final sketch designs and adjusting the cost plan and/or adjusting the foregoing estimates and cost plan as the preliminary sketch design is developed, checking the cost plan against working design drawings and adjusting or advising on possible economies as required, advising on the cost implications of alternative detail treatments. during the production drawing stage, advising on the cost implications of proposed variations. The Consultant shall not make any material deviation, alteration, addition to or omission from approved design briefs or designs without the knowledge and consent of the Client $ writing. The word design wherever used hereinafter shall be deemed to mean and include any of the following:~ w® (ii) determination of space organization and visual forms, calculation of sizes and capacities of various components of the project,201.10 202 202.01 202.02 202.03 eS (4ii) production of details and specifications of various components of the project to a stage necessary for the preparation of a bill of quantities and execution of the project. itant shall excercise all reasonable skill, ai agreed to be performed by him. The Cons care ai gence in the discharge of the duties Insofar as any of the Consultant's duties are discretionary he shall act fairly as between the Client and the Contractor. RE TT ‘The remuneration of the Consultant shall be in accordance with these conditions and the appropriate professional charges specified in later sections of this document. When the services of more than one Consultant are required, the Client shall separately and individually appoint each Consultant and pay directly the Consultant's fees. Where the services of more than one Consultant are provided by a single firm or consortiun, fees shall be the same as if such services were provided independently. Any consolidated fees shall therefore be the sum of the appropriate fees for the individual professional services rendered. DURATION OF ENGAGEMENT The appointment of a Consultant shall commence from the date of this Agreement or from the time when the Consultant shall have began to perform for the Client any of the services specified in this Agreement, whichever is the earlier.204 204.02 204.02 204.03 oS unless terminated under Clause 204 or 205 of these Conditions, the Consultant's appointment for the design of the works under this Agreement shall terminate after handing over of approved final tender documents. Termination of the Consultant's appointment under this Agreement shall not prejudice the accrued rights or claims of either party to this Agreement. With regard to the supervision of the work this Agreement shall terminate when the Consultant shall make and issue the certificate authorising the final payment for the construction of the works including all authorized clains or after the completion of any works expressly carried out to meet with Contract Clauses concerning retention monies whichever is later, or when informed in writing by the Client that they will not be required to undertake supervision of the works. TERMINATION AND SUSPENSION BY THE CLIENT The Client shall be entitled by notice to the Consultant to suspend in whole or in part the disbursement of the funds hereunder if the Consultant shall have failed to carry out any s Agreement. obligation of the Consultant under t! I£ any such condition shall continue for a period of 14 days following such notice of suspension, then Client has option to terminate this Agreement upon giving 30 days notice in writing to the Consultant. the Client may also terminate this agreement for his convenience or if any other condition arises which interferes or threatens to interfere with the successful carrying out of the design or the accomplishment of the purpose thereof upon giving not less than 20 days written notice to the204.04 | 204.05 ATMA aS upon receipt of such notices as referred to in 204.02 and 204.03 above, the Consultant shall within 72 hours bring the design to a close and shall submit to the Client for assessment all reports, documents, designs, including earial photographs and any other properties of the Client. The foregoing shall be done in a nner and the cost of closing to a minimun. If the Client terminates the services of the Consultant under clause 204.03 then the Client shall pay the Consultant as follows:— (i) A fair and reasonable amount of professional fees for the work and services rendered by the consultant up to the time of termination. (44) Amount due to the consultant under other clauses in this agreement such as out-of- pocket expenses, additional services charges etc. (444) A disruption charge equal to ten per cent (108) of the difference between the sun of professional fees which would have been payable to the consultant if the Agreement had not been terminated and the sum payable nder (i) above. TERMINATION AND SUSPENSION BY CONSULTANTS In the event that the Consultant does not receive payments as provided in Clause 215 hereof within 45 days following the éue date, the Consultant shall promptly notify the Client and if such payments are not received within 60 days after the date of such notice, the Consultant may suspend this Agreemen’205.02 206 206.01 206.02 207 207.01 207.01.01 — in the event of the failure of the Client to comply with any other obligations under this Agreement which are such as to delay for a period of more than 12 months or prevent or unreasonably impede the carrying out by the Consultant of his services under this Agreement, the Consultant may upon not less than 60 days notice in writing to the Client terminate his appointment under this Agreement. CONSULTANT'S LIABILITY where bad or faulty design, documentation or poor administration of a contract results in increased costs to the Client or where costs have increased without the Client having been informed and having so authorised, the Client may claim against the Consultant for such increased costs unless substantiable reasons for the increases are given The Client may at any time request the production of a proof of a professional idemnity insurance cover by the Consultant. OUT-OF POCKET EXPENSES Generally All out of pocket expenses incurred by the Consultant on design and production of the first set of the approved final drawings and documents shall be covered under the Consultant's normal fee. The Client will reimburse expenses incurred by the Consultants for at least one visit to the site during the design stage.207.01.03 207.01. 207.02 7} 207.02.01 207.03 207.03.02 - 10 - ‘The Client and the Consultant may agree on a lump sum payment or alternatively a sum calculated as a percentage of the fees to cover all out of pocket expenses for the project OR The Client shall reimburse the Consultant for all additional out of pocket expenses incu: red during the design and construction stages at rates laid down by the Government and properly incurred in connection with the commission such as those described hereafter on production of receipts. Drawings and Documents Purchase, printing and production of all documents drawings, bills of quantities, maps, photographs or other records required in connection with the design or construction of the project will be reimbursed. Such érawings shall include all those for enquiries to contractds, sub-contractors and suppliers. Hotel and Travelling Expenses Road, rail and air travelling expenses incurred in connection with the project shall be reimbursed including mileage allowances for cars as laid gown by current Government regulations or Automobile Association of Kenya rates exclu expenses for travelling from normal place of residence to site or office and for journeys to and from site or destinations situated less than 40 kilometres from the Consultant's Office. tant to hire Where it becomes necessary for Consy ents a plane or vehicle he must make prior arra with the Client and obtein his approval.207.03.02 207.04 207.04.01 207.04.02 207.05 207.05.01 207,05.02 207.05.03 207.06 207.06.01 oS Reasonable hotel and subsistance expenses consistent with seniority of the Consultant's staff will be reimbursed in accordance with appendix attached to this form of agreement, when location of the project is more than 140 km away from the Consultant's Office or as otherwise agreed between the Consultant and the Client. Communication Expenses The cost of trunk telephone calls, telegrams, airmails and overseas postages and other similar communication will be reimbursed. The Client shall not be liable for inland surface postages or for local telephone charges. Disbursements Expenses incurred in respect of advertising for tenders, site staff, and the time and expenses for intervigg will be reimbursed. Expenses incurred on local authority, inspection or other similar charges shall be reimbursed. and with approval of the Client shall also be reimbursed. Any other payments made on beha. Special Charges Fees or any other charges which arise from specialists’ professional advice which have been incurred by the Consultant with the authority of the Client shall be reimbursed.u 207.07 207.07.01 208 208.01 208.02 208.03 - 12 - ‘Travelling Time Time spent by technical staff in travelling (other than from the normal place of resi to the Consultant's Office) shall be chargeable where basis of fee are o: fence onl: time charges or as otherwise agreed with the Client. TIME CHARGES When fees are on a time basis , either because a percentage fee is inappropriate, or because the Conditions of Engagement so require, the hourly rates for technical staff shall be determined as set out in the appendices (Appendix I). Time spent by clerical staff shall not be charged unless otherwise agreed. Prior to the consultant undertaking any additional task on time charges, the programme of work, the numbers and experience of the staff to be deployed in the project an: shall be approved by the client. the hourly rate for each staff Where the grade of assistant is not well defined in the schedul rate of KShs.2/50 for every KShs.2,000/ of the , an hourly rate calculated at a annual basic salaries received in Kenya plus 408 for allowances will be used, but in any event shall not be more than those rates set out in the schedules in Appendix I for personnel of similar cadre. Where it is desirable to base fees on man-hours or man-months basis the Client m: agree with a vite proposals from a number Consultant and/or may of Consultants for design and supervision fee based man-months required roject to comple on the cost of man-! to on.as In the event of fees being calculated under this clause such fees shall be calculated as follows:- : (a) The fees payable to the Consultant shall be calculated on a man-month basis in accordance the agreed supervision progranme. (b) The Programme and the numbers and quality of staff to be deployed on the project shall be approved by the Client. (c) The Consultant's fee shall be calculated on the basis of the man-month rates specified in the appendic ‘ (a) The man-month rates shall include ell direct and indirect cost of providing the Design and/or supervision services detailed in this Agreement excluding out-of-pocket reimbursable expenses and including but not limited to: (i) The salaries and fringe benefits of the staff engaged on the Design and supervision work both on site and in the Consultant's offices, including air passages, leave allowances, travelling subsistence expenses etc. (44) The Consultant's head office and other overheads attributable to the works. {e) All out-of-pocket expenses shall be paid as per clause 207 of this section.209 209.01 209.02 209.03 CopyRrcHT All documents prepared by the Consultant in connection with the project are the property and copyright of Consultant and the Client shall not be entitled either y or indirectly, to make use of such documents for carrying out any work beyond the works to which this Agreement relates unless a specific contract is entered into for the sale of such a copyright. Notwithstanding the foregoing, all documents prepared or supplied in connection with work for the Government of the Republic of Kenya are subject to the provisions in Section 6 of the Copyright Act, (CAP 130 of 1978). All documents prepared and supplied by the Client in connection with the works are the property and copyright of the Client and the Consultant shall not be entitled either directly or indirectly to make use of such documents for the carrying out of any work beyond the works to which this Agreement relates without the prior approval of the Client. 1ON_ASSIGNMENT The Consultant shall not have the right to assign or transfer the benefit and obligations of this Agreement or any part therefore, without the Client's consent. Any possible assignment or sub-letting approved in writing by the Client shall not relieve the Consultants from performing their obligati pis Agreement. It shall be lawful for the Consultant at any ns as set forth in th @ to take into partner- ehip another partner or partners and that he or they or the survivor of them shall henceforth be deemed to be included in the expression "The Consultant".2u WAR RISKS 211.01 In the event of war hostilities (whether war be . declared or not), invasion, act of foreien enemies, rebellion, revolution, insurrection or military or unsurped power, civil war, riot or commotion o @isorder, or any operation of the forces of nature as the Consultant could not foresee or reasonable provide against, then the Client shall compensate the Consultant for any additional expenses incurred - in the implementation of this Agreement. The Consultant shall as soon as any such increase of cost shall come to their knowledge, forthwith not: the Client thereof in writing. 2iz FORCE MAJEUR u 212.01 If at any time during the continuance of this Agreement it shall become impossible for the Consultant for reasons of Force Majeur or the cccurance of an event or condition beyond the reasonable control of the Consultant to execute . and continue their obligations in accordance with this Agreement, the Consultant shall be relieved of their obligations and this Agreement shall there- upon come to an end or may be suspended by mutual agreement between the parties, provided that the Client shall pay the Consultant all costs, falling due within 60 days after the date of termination or - suspension thereof. Resumption of the Consubfant's duties under this pension shall be made by mutual Agreement after agreement of the parties. L ALMA212.02 213 | 213.01 i 214 214.02 Sie Without prejudice to any rights of the Client, upon termination of this Agreement pursuant to the provisions of Clauses 204 and 205 hereof, the Consultant will submit nis final claim for services satisfactorily performed and for expen s incurred hereunder prior to the date of such termination. In making payments to the Consultant under this clause, there shall be deducted from such payments the amount of any claim which the Client may have against the Consultant in connection with this Agreement. JURISDICTION, LANGUAGE, UNIT SYSTEM AND CURRENCY This Agreenent shall in all respects be construed and governed by the Laws of Kenya. All correspondence and documentation shall be in the English language and in SI units. Estimates and charges will be calculated in Kenyan Shillings. unless otherwise agreed elsewhere all payments to the Consultant will be made in Kenyan Shillings. This Agreement shall not be construed as enabling any exemption, waiver, remission or refund of any tax or duty payable under any written law to be given otherwise than as maybe by that or ai other written law. SPECIAL PROCEDURES TO BE FOLLOWED IN HANDLING THE WORKS Where the Client wishes a special administrative or other procedure to be followed in handling the project, this shall be described in special conditions to be attached hereto.215 215,01 215.03 216 216.01 = ar - PAYMENT OF ACCOUNTS unless otherwise agreed, the times at which payments, fees and charges becone due are as stated in later sections of this document. All sums due to the Consultants under these conditions 60 days of the submission to the t accounts. After this period shall be paid wi Client of the cor the Consultant may claim interest at a rate not exceeding that of the prevailing bank overdraft on the amount. Where stages in each section are long delayed through circumstances over which the Consultant has no control, the Consultant shall be entitled to interim payments determined by the amount of work performed by him. DAMAGES FOR DELAY If the Consultant shall fail to fulfil any of the services under this Agreement in due time in accordance with the approved Design Programme mentioned elsewhere in this Agreement for reasons for which he is responsible, the Client shall be entitied to inflict penalty of one quarter of one percent (1/48) of the fee of the relevant stage for every week of delay, up to a maximum of ten (10) percent of the fee without prejudice to other accrued rights of the Client. POSTPONEMENT FOR ABANDONMENT OF THE WORKS Where the project is cancelled or postponed for a period exceeding twelve months or the Consultant at any time is instructed to stop work indefinitely the project shall be deemed to be abandoned.217.02 217,03 t 218 218.01 218,02 218.03 OSTEK-ALMA : a Ig instructions necessary for the Consultant to continue with the work are not received from the Client, the project may be deemed to have been abandoned after six months have @lapsed fron the time such instructions were requested. In being pos be made to the Consultant for duties performed in respect of that part of the works already performed shall be calculated in accordance with the appropriate professional charges set out in this and in later schedules in this document, and in he event of the whole or part of ¢ 1 the payment to 2 works ed or abandoned, accordance with such other clauses as may be applicable having regard to duties performed prior to the works being postponed or abandoned. RESUMPTION OF WORKS PREVIOUSLY ABANDONED OR POSTPONED If, within twelve months, the postponed works or any part thereof shall aga: alteral n proceed without ns, then any relevant payments made under clause 217 shall rank as payments on account towards the total fee actually payable and calculable on the cost of the works. Except where there is written agreement to the contrary where works which have been abandoned are resumed after 12 months any fees paid under clause 217.01 and 217.03 shall be regarded as final lly rendered. The for resumed work shall payment for the duties or appointment of the Consultan be deemed a new t part of the work which remains to be completed. Should additional duties by the Consultant be required in connection with the resumption of postponed or aba: doned works, the Consultant shall be entitled to charge for additional duties on a time basis as set out in clause 208.01.21s 219.01 220 220.01, 220.02 220.03 220.04 . COSTEK-ALMA P.O. bax 888) Ter - i - DAMAGE OR DESTRUCTION OF THE WORKS If at any time before the completion of the project any part of the works shall be damaged or destroyed by war risks, natural causes or by any other cause not due to negligence by the Consultant, the Client shall pay to the Consultant the appropriate renumeration for any additional work and expenses incurred by the Consultant SUPERVISION OF THE WORKS ‘The Consultant shall provide supervision and inspection and make sufficient periodic visits (Not less than two visits per month on average during the construction period) to the site as may be necessary to ensure that the works are completed satisfactorily in accordance with the contract. Constant and/or detailed supervision of shop or site works on a day to day basis does not form part of the normal duties of the Consultant. Supervision and site visits of this nature requested by the contractor or deemed necessary by the Consultant, with the approval of the Client, shell be reimbursed as indicated in Clause 220.05. When the Consultant deems that the works are of such magnitude and/or nature as to make it necessary that site supervision be carried out by suitably qualified staff, he shall, subject to the approval of the Client which approval shall not unreasonably be withheld, appoint such resident site staff as he considers necessary for the efficient supervi on of work on site. The full cost of such staff, including such expenses as are attributable to their employment and to their aties, shall be borne by the Client and shall be refunded monthly to the Consultant220.05 220.06 — 20 = Alternatively if mutually agreed, the Consultant may nominate such staff for appointment and direct payment by the Client. In either case such staff shall take instructions from the Consultant only. In the event of such resident staff not being engaged, the Consultant shall be entitled to charge on a time basis ional to = any supervision addi the site visits referred to i! The Client shall provide for such local office, accommodation, furniture, telephone, equipment and transport as shall be reasonably necessary for the use of the resident staff. ALTERATIONS OR MODIFICATION TO DESIGN after the Client's approval of the final sketch design stage of the Consultant's duties, any design whether completed or in progress or any specification drawing or other document prepared in whole or part by the Consultant shall require to be modified cr revised by reason of instructions received by the Consultant from the Client or by reason of circumstances which could not reasonably have been foreseen, such modifications or revisions and any consequential reproduction of documents shall ke the subject of additional payment computed on a time basis, or such other basis as may be agreed together with any appropriate reimbursements or any out-of- pocket expenses. INTERPRETATION Any question arising out of these Conditions of agement and/or the schedule of Duties and profess. Consultant or C nal Charges may be referred by the nt to the relevant Board of Registration for advice at any time, provided always that any €ifference or dispute between them ee a anedanre with Cl a223.01 224 224.01 224.02 224.03 224.04 SETTLEMENT OF DISPUTES Any difference or disputes may by agreement between parties be referred to the relevant Board of Registration for an opinion provided always that such an opinion is sought on a joi t statement of disputed facts and the parties undertake to accept the Board's opinion as final ARBITRATION The arbitration shall take place in Kenya and shall be conducted in accordance with the provisions of Cap 49 of the Laws of Kenya. OR Either party desiring to refer the dispute to arbitration shall appoint an arbitrator and shall notify the other party to this effect in writing. The other party shall within 30 days upon receipt of the notice in writing appoint a second arbitrator. Both arbitrators shall agree to the appointment of an independent person to act as an umpire within 30 days of the appointment of the second arbitrator. If the party receiving the notice as aforesaid apoints an arbitrator and if the arbitrator after appointment fails to act or dies or resigns, the party who appointed him may appoint another arbitrator in his place. any of the parties fails to appoint an arbitrator or if the arbitrators fail to agree on appointment of an umpire or if such person having been appointed resigns his post or fails to act or dies, application224.05 224.06 f 225 225.01 fi 225.02 225.03, See The cost of the reference and award shall be in the discretion of the arbitrator or an umpire who may direct to whom and by whom and in what manner those costs or any part thereof are to be paid. The award of the arbitration shall be final and binding upon both parties. PROFESSIONAL MISCONDUCT The Consultant shall not enter into this Agreement with the Client if to the knowledge of the Consultant or the Client a commission has been paid or agreed to be paid by the Consultant cr on their behalf. The Consultant shall not offer or give or agree to give any personany gift or consideration of any kind as an inducement or reward for doing or forborne to any act in relation to the obtaining or executing of this Agreement or for showing or bearing to show favour or disfavour to eny person in relation to this Agreement. Any breach of this Clause by the Consultants or by any one employed by then or acting on their behalf (whether with or without the knowledge of the Consultants) or the commission of any offence by the Consultants or by anyone employed by them or acting on their behalf in relation to this Agreement to which the Client is a party shall entitle the Client to determine the Agreement. Any difference of opinion arising in respect of either the interpretation, effect or application of Clauses 225.01, 225202 and 225.03 shall be treated as a dispute. Notwithstanding the above Clauses 2; and 225.03 the Consultant's conduct es laid down by the subject to the Code of e! respective Registration Board.226 226.01 w (3a) (424) 226.02 aw (ii) If at any time during the execution of this agreemen: 23 DEFAULT BY CONSULTANT any unnecessary delay shall occur in carrying out the works, performed or any part thereof through the duties and services to be default of the Consultant oR the Consultant shall not carry out the said work, duties and services to the satisfaction of the Client oR the Consultant shall fail to comply with instructions given by the Client. Then the Client may serve notice upon the Consultant in respect of any of the foregoing defaults requiring them to take remedial action by a specified date. If the Consultant:- shall fail to comply with any requirement of such notice to the entire satisfaction of the Client oR shall comply with the requirement of such notice to the satisfaction of the Client but shail again become liable to be served with a notice under paragraph (a) of this clause oR shall assign or sublet the contract.or any part thereof without permission in writing from the Client oR227 227.01 - 24 (iv) Shall become bankrupt or insolvent or shall compound with or make any assignment for the benefit of their creditors; then the Client may at once by notice by registered post determine the employment of the Consultants under this Cor ract and the Client may then complete duties and services to be performed by heir own staff di: ectly ox by the employment of other Consultants or other pergn or persons. In case the Client shall exercise the option mentioned in this clause they shall not be bound to pay the Consultants any money on account of this greement vntil the work, duties and services to be performed have been completed ahd the final statement of account has been prepared, at which time the Consultant shall be entitled to receive such sums as are then due after deducting sums expended by the Client in completing and upholding the work, duties and services to be performed and all other expenses which they have incurred. DISCLOSURE AND PUBLICATION OF INFORMATION The Consultant shall treat the details and specification of the works arising from this ublish or disclose the same or any particular thereof in Agreement as confidential and shall not any trade area, technical paper or elsewhere without the prior written consent of the Client When the cost of the works is required to be used asa is for calcul ng fees in accordance with the professional scales of charges specified in later sections of the document, the cost of the works shall include:-a u Ga r (iid) Ww = 25 - the costs to the Client from whatever cause arising of work designed and specified or supervised by Consultant including all fixed equipment provided by the Clie: and forming part of the works, payments made ox others to the Contractors by way of settlement of claims, fluctuations and before deduction of liquidated damages or penalties (if any) payable by the Contractors to the Client, a fair valuation of any labour, materials, manufactured goods, machinery or other facilities provided by the Client for use in the works, salaries, travelling, out of pocket and office expenses of resident site staff, where the works are carried out by direct labour, the market value, as though they were purchased new, of any second-hand materials, manufactured goods and machinery incorporated in the works, the market value as though duty and tax had been paid of any materials imported duty or tax free for the works. 228.02 ‘The cost of the works exclude:— a (a) administration expenses incurred by the Client professional fees and out of pocket expenses salaries, travelling, out of pocket and office expenses of resident site staff, unless the works are carried out by direct labournee (iv) interest on capital during construction, and cost of raising moneys required for carrying out the construction of the works. (v) cost of landvand way leaves. external services designed, documented and supervised by others e.g. power and water authority mains. 228.03 Muitiplying factors set out in the sections 300 to 700 will be applied to the cost of the works as follows:~ (4) The high cost items will have their values adjusted first with appropriate multiplying factors. (ii) Fees for the total cost of works shall be calculated first based on the "cost of the works" arrived at in (i) above. (44) The value of buildings in each category shall be expressed as a percentace of the total cost of the contract and fees calculated in (ii) above shall be apportioned to each categor: (iv) The appropriate building category multiplying factor will be applied to the fees apportions to each category. (v) Where repetitive clause is applicable, the clause will then be applied to the fees of repeated buildings arrived at in (iv) above. (vi) The total fees chargeable shall be the egate fees so calculated for all the229.02 229.02.01 229.02.02 229.03 229.03.01 29.03.02 229.03.03 230 230.01 2K- ALMA cos - 27 - DESIGN PERIOD For the purpose of calculating fee for design period the cost of the works shall be the final estimated cost by the Quantity Surveyor and approved by the Client. The cost of the specialist services, systems or equipment of high value designed and/or. manufactur éd by others-will not. attract’ full fees. SUPERVISION PERIOD The cost to the client of the actual final cost of the works supervised including the settlement of claims and fluctuations seta? before deduction of liquidated damages or penalties. (if any) payable by the contractor to the client. Genuine bonus incentives or ex-gratia payment will deemed not to form part of the works but _ Consultants involved in the calculation of these payments will be paid on time charges. ‘The cost of speciali t services, systems or equipment of high value designed and/or manufact- ured by others will not attract full fees. PARALLEL WORKING Should the client's time programme make it necessary, parallel working methé¢ may .be adopted. (Under this method tenders are obtained on the basis of approximate quantities based on final design drawings. Tenders will be obtained from contractors in the normal manner and exact measurements made when the design working drawings and production drawings for a parti232 232. 232. 233. 0 02 - 2 - The Consyltant nay charge for parallel working where appriate, subject to the approval of the Client prior to the commencement of the parallel working. AS BUILT DRAWING AND ORIGINAL DOCUMENTS he Consultant shall be quired to submit to the Client as built sepia copies of ail drawings, maintenance manuals and original of all documents before the payment of the final fee. (Where the copyright lies with the Client all original documents and drawings shall be submitted to the Client). OBLIGA’ OF THE CLI The Client shall supply to the Consultant without charge and within a reasonable time all necessary and relevant data and information in the possession of the Client and shall give such assistance as shall be reasonably required by the Consultant in the performan 2 of the project. ‘The Client shall give his decision on all sketches, drawings, reports recommendations, tender documents and other matters properly x decision from the Consultants at such reasonable time as not to delay or disrupt the performance by the Consultant of the task. ADAPTATION BY THE PRIVATE SECTOR Where the Client is not professionally qualified in any of the professicnal discip: such Client does not hav such profes: experienced ines covered in Sections 300-700 or in his employment ally qualified and sufficiently who would assist the- 29 - described in the respective sections (e.3- private developers or any other organization) then these conditions and scales of fees may be modified to suit the Client but i the total fees will not be increased by more than 108 any caseSECTION 300 ARCHITECTSa0 x SECTION 300 SCHEDULE OF DUTIES AND PROFESSIONAL CHARGES 301 301.01 301.01.01 301.01.02 3301.01.03 301.01,04 301.02 301.02.01 3301.02.02 301.02.03 3301.02.04 301.02.05 FOR ARCHITECTS SCHEDULE OF DUTIES FOR NORMAL SERVICES Inception Stage Advise the Client on services, duties and fees. Receive initial statement of requirements and outline possible course of action. Advise on the need for other Consultants and the costs thereof. Receive preliminary brief and schedules of accommodation together with cost limitations if any. Preliminary Sketch Design Stage Analyse Client's requirements and instruct other Consultants. Do initial research into available data relevant to the project. Advise on necessity for any special surveys, investigations or tests which may be required. Coneuit local authorities and other relevant statutory bodies to ensure compliance with their laid down requirements. Advise on necessity and extent of supezvision including supervisory staff required. Prepare a preseatable scaled preliminary sketch in design with adequate description stra- ma showing spatial o:301.02.07 301.03 301.03.01 301.03.02 301.03.03 301.03.04 301.03.05 301.03.06 301.04 3021.04.01 =o - preliminary infrastructural services, basic mode of construction and approximate estimate of cost. Inform the Client of any major decision required. Receive Cli ments and make amendments as necessary. Final Design Stage Prepare in collaboration with other Consultants where necessary, a final design consisting of scaled and adequately dimensioned drawings with outlined specifications to indicate more precise, aspects of arrangements, materials, appearance, construction and special requirenents. Where required, submit to local authority for town planning consent and approval under relevant by-laws. Prepare an implementation programme, revised cost estimates and present to the Client together with the final design for comment. Make amendments as necessary. obtain Client's consent to any changes that may result from by-laws and other statutory requirements. Receive Cli t's approval of final design. Design Details, Production Drawings and Tender Documents Stace. Complete detailed design incorporating the design work done by © er Consultants and prepare all necessary production drawings with ail details and speci: ations necessary for- 32 - 301.04.02 Obtain estimates and other information from possible sub-contractors and suppliers. 301.04.03 Prepare production information for bills of quantities and/or speci ications. 301.04.04 no Quantity S' veyor is engaged, specification and tender documents. 01.04.05 Ensure that drawings, bills of quantities and/or specifications produced by other Consultants tally with Architect's working drawings and specifications. 301.05 Tender Action and Construction Stage (Supervision Period) 301.05.01 Advising on tenderers, obtain and advise on tenders, contract and appointment of the contractor. 301.05.02 Advise on appointment of site supervisory staff in accordance with the terms of clause 220 of Section 200. 301.05.03 Supply information to contractor to enable hin to take possession of the site. 301.05.04 Make periodic visits to the site to ensure that the contractor complies with the contract and in accordance with clause 220 of Section 200. 301.05.05 Issue interim certificates in collaboration with other Consultants. 301.05.06 Issue certificates of practical completion in collaboration with other Consultants. 301.05. 7 Prepare in collaboration with all Consultants, ‘as built’ drawings as well as maintenance0. Bo! TEL 302.06 3021.06.01 3021.06.02 3021.06.03 301.06.04 207 3021.07.01 301.07.02 301.07.03 301.07.04 - 33 - Defects Liability Period stage Prepare schedule of defects. Prepare final account if no s y Surveyor loyed. Check final acco Issue certificate of making good defects and completion in collaboration with other Consultants General Duties Where Consultants are employed to produce detailed Gesign of specialist works for building components on the basis of the Architect's basic design, the Architect shall be responsible for co-ordination and integration: of their work. Such Consultants shall however be professionally responsible for the detailed design and supervision of the work entrusted to them. The Architect may with approval of the Client nominate specialist sub-contractors for the Gesign and execution of the particular part of the work and he shall be responsible for the éirection and integration: of their work in accordance with clause 201.03 of Section 200. The Architect shall not i any stage of the design or deviate from the roceed with approved design without the written authority of the Clien When need arises to alter any part of the design such al erations shall be made in collaboration with other Consultants.302 302.01 302.01.01 302.01.02 302.01.03 PROFESSIONAL CHARGES FOR NORMAL SERVICES es of Fees Generally For the purpose of calculating design fees, the cost of the works shall be the accepted tender for the whole of the works, subject however to the provisions of clause 228. and 229.of. Section 200 and to the following clauses. In the event of tender being accepted, fces are to be calculated upon the basis of the lowest original bona fide tender received. In the event of no tender being received within three months, the fees are to be calculated upon a reasonable estimate. of the works based upon the priced bills of quantities or specification and drawings as the case may be. All single items of equipment and/or plant whose value as installed is less than 0.5 million shillings will earn fees based on a cost of the works of 0.2 million shillings or the actual cost whichever is less. Nothwithstanding the above single item of equipment or plant whose cost is more than 0.5 million will be deducted from the cost of the works. The cost of such equipment and plant will then be reduced by a multiplying as set out below, The relative cost so arrived at shall be added back to form the new cost of the works upon which the fees will be based.3302.01.04 302.0 302.02 302.02.02 3302.02.02 Reduction factor of cost of equipment ° 0.4 1.0 0.3 2.5 million 0.25 5.00 million 0.20 10.0 million 0.15 -0 million and above 0.10 ntermediate values Factors by Interpolation For the purpose of calculating post tender fees the final cost of the works shall be the basis, subject however to the provision of clause.228 and 229 of Section 200. When a project is the subject of a number of contracts then, for the purpose of calculating fees the values of such contracts shall not be aggregated but each contract shall be taken separately and the scale of fees applied as appropriate. Detailed scales of Fees The tables in clauses 302.02.02 to 302.02.04 will ke the basic scale of fees which will be applied together with the multiplying factors § I to VI as outlined in shown i: clause 302.03. The following table applies to simple projects where fairly common production details are applicable and where the Architect prepares le structural, electrical and mechanical sawings, preperes specifications and an estimate.302.02.03 302.02.04 = 36 - qt further assumes that the Architect will produce =, documentation up to and including completion of working drawings showing general floor plans, sections and elevations with detailed specifications in accordance with clause 301.03.06. If required to prepare design details, production drawings, tender documents and supervising the project, preparing certificates and final account for the project, fees will be charged as a lump sum or on time basis such time charges having been agreed on and approved in accordance with clause 208 of Section 200. Should a Quantity Surveyor, Structural, Electrical or Mechanical Engineer be employed, fees will be charged as a lump sum or on time basis. The mode of payment as referred to in clause 304 of this section will not apply and fees will be done at the completion of the final design stage unless otherwise agreed. For works below shs.80,000/= fees will be agreed as a lump sum or charged on time basis. Cost of the works Fees sh. 80,000 to Sh. 160,000 Sh.1,100 + 4% ofthe catd te wz} $h.160,000 to Sh. 320,000 Sh.1,900+ 3.58" " " "™ Sh.320,000 to Sh. 400,000 Sh.2,700 + 3.258 " " " " " sh.400,000 to Sh. 640,000 sh.3,700+ 38 " " " "" gh.640,000 to Sh.1,280,000 Sh.4,468 + 2.888 " " " " * $h1280,000 toSh.2,000,000 Sh.6,132 + 2.758 " " " " " The total fees for the work covered under Clause 302.02:0: above may be negotiated as a lump sum or charged on a time basis but such total fees shall not exceed 5.8% of the cost of the works. For work over Sh.2,000,000 a Quantity Surveyor and Structural Engineer should be employed for all buildings. For works where capital cost of individual electrical or mechanical services exceed $h.200,000 an electrical or mechanical consulting engineer as appropriate should be employed and the following302.03 3302.03.01 302.03.02 302.03.03 302.03.04 Cost of the Works gh. 2,000,000 to Sh 2500000 Sh. 9368 + % of the cost of the Sh. 2,500,000 to Sh. 5,000,000 sh. 15,618 + 478" " "WOKS w Sh. 5,000,000 to Sh10,000,000 Sh. 28118 + 4.58" $h.10,000,000 to Sh 20,000,000 Sh. 53118 + 4.2%" $h.20,000,000 to Sh.40,000,000 Sh. 93118 + 408" " Sh. 40,000,000 upwards sh.117,118 + 3.98" "Ot Classification of Buildings and Building Works (Refer to Appendix Iv) For basic services, building types and related works are classified under six categories from simple to exceptionally complex as detailed in apper For the purpose of determining fees payable, the fees arrived at based on the cost of the building works in each category will multiplied by the appropriate factors set out below : (see clause 228.03). Category I Buildings of simplest utilitarian character Fees for this class of work shall be multiplied by a factor of 0.8. Catecory II Buildings for Industrial snd Commercial Application with minimum subdivision Fees for this class of work shall be multiplied by a factor of 0.9.- 38 - 302.03.05 Category IIZ General purpose Buildings Fees for this class of work shall be wltiplied by a factor of 1.0. 302.03.06 Category Iv requirements involving special Design Fees for this class of work shall be multiplied by a factor of 1.1. 302.03.07 Category V Complex Buildings involving Special or Prolonged study and Special Design Fees for this class of work shall be 4 r multiplied by a factor of 1.2. 302.03.08 Category VI Site Works This includes civil engineering and landscaping where the Architect is not involved in detailing. Fees for this class of work shall be multiplied by a factor of 0.5. 7 302.04 Repetitive Works 302.04.01 For buildings or complexes of buildings with 55% or more floor area of complete repetition, @ multiplier of 0.9 will apply to the fees i calculated for a particular category of buildings.3302.04.02 302.04.03 3302.04.04 302.04.05 - 33 - Where building units are essentially repeats of one design for which one type of drawings and specification can be re-used without alterations or with only minor modifications such as in housing estates whether detached or terraced cr blocks of flats the fees shall clauses 302.04.03 and 228. be reduced as per For the purpose of calculating design fee up to clause 304.01.04 for repetitive works defined hereunder the fees arrived at by applying the lding appropriate multiplying factors for »I be further modified as set out Factors The first one unit 1.0 per unit The next 4 units Ge * = The next 5 units oas* 4 The next 15 units cae & The remainder oe The multiplying factor for repeated units set out in clause 302.04.03 will not apply to supervision work for which fees shall be based on calculations modified by other factors. Where repetitive units have individual site plans e.g. in tenant purchase houses, the repetitive clauses 302.04.01 to 302.04.03 will apply b ved will be treated as additional work invo! additional duties and will be paid on a time basis.303 303.01 303.02 303.02.01 303.03 303.03.01 303.03.02 303.03.03 so ADDITIONAL AND SPECIAL SERVICES - DUTIES AND PROFESSIONAL CHARGES Additional and Special Services Generally The services set out hereunder do not form part of normal services described in clauses numbered 302 and require the payment of additional fees. Unless specifically stated otherwise in the following clauses, such additional fees shall be based on the time involved except where an alternative basis has been previously agreed on with the Client. Existing Buildings In cases of works to existing buildings, an extra charge on a time basis will be made for measurements and surveys of existing premises, research into past records, and making schedules of defects. An extra fee on a time basis may also be charged for shop-front counters and other special fittings. Sites ané Buildines Advising on the se: conducting negotiations concerned with sites or ction and suitability of sites buildings; making measured surveys, taking levels; and preparing plans of sites, sites and buildings or existing buildings. Making inspections, preparing reports or giving general advice in the conditions of premises. Preparing schedules of dilapidations and negotiating them on behalf of land-1 particulars on site, preparing specifications for ds or tenants; taking repairs and supervising their execution.303.03.04 303.04 303.04.01 303.04.02 303.05.02 oe Making structural investigations, the limits of which shall be clearly defined and agreed in writing, such as are necessary to ascertain whether or not there are defects in the wails, roofs, floors, and drains of a building which may materially affect its life and value. Work in connection with soil investigations Feasibility Studies Undertaking @ preliminary technical appraisal of a project sufficient to enable the Client to decide whether and in what form to proceed, and making town planning enquiries, or application for outline town planning approval. Such an appraisal may include an approximation of the cost of meeting the Client's requirements, a statement upon the need for Consultants, an outline timetable and a suggested contract procedure. Where feasibility studies may include any of the stages which would otherwise be performed under normal services and such a Consultant is nstructed to proceed with normal services, fees paid for any overlap will be deducted accordingly. Plans ment plans which will be carried of years for any large, building or complex of builéi 3 development to percentage fees303.06 3903.06.01 303.06.02 303.07 303.07.01 303.07.02 303.08 3303.08.01 NAIRODE pa Layouts, Roads and Sewers preparing a layout only, or preparing a layout gor a greater area than that which +S to be geveloped imnediately- wnere the Consultant is employed to provide normal service for roads and sewers, fees shall be in accordance with the scale of charge® for Civil Engineering Works as per Section 700 of these conditions. Development studies where the chiencts duitial. statenent of requirements as described in clause 301-01-02 requires speci? services such as operational research, including work study, before consideration OF the brief and Gevelopment of a preliminary design 28 described ’ jn clauses numbered 301-02 can Degihy such services snail constitute 2m additional service- where the development of a final design as described in clauses numbered 301.03 ox desi details as described in clauses numbered 301.04 involves special constructional research 1 Auding ea cope elot ease ae prototype paildings or models, such research shall constitute an additional service. special Drawings preparing special drawings, models OF technical Gnrormetiona): epeciatly, for tne Ue of the Client, Laws b or for town plann ng BY aing regulation approval: negotiation with ground jandlorés, adjoining owners, Public authorities, licensing authorities, mortgagers and others tute an additional servii 303.09 303.09.01 303.09.02 303.10 303.10.01 303.11 303.22.01 Negotiations Special negotiations arising from applications for town planning, building by-laws, building act or building regulation approvals shall constitute an additional service. Provi ng information and/or making all applications other than those detailed in clause 301.03.02, cences, negotiations in connection with party walls and grant aids shall constitute an additional service. Changes in Instructions Extra work at any time owing to changes in an approved design resulting from changes in the Client's instruct- ions or any other cause beyond the control of the Consultant shall constitute an additional service. Clients are particularly reminded of the considerable extra changes which may be incurred as follows. (4) Amending substantially design details already prepared or for prep new drawings because of alterations in the brief after the approval of a final design. (di) Amending substantially production information already prepared or for preparing additional information beceuse of changes in location, size or shape after approval of design details. Delays in Building Additional work arising from delay in building operations whether arising from bankruptcy or liguigetion of the contractor or from any other cause beyond the control of the Consultant shall const: 1 service. delayed beyond its original sons beyond the control of the seek agreement with the303.12 303.13 3303.13.01 vA Client for additional payment above those which would otherwise have been made under Clause 220.01. Town Planning Fees for town planning work shall for the time being be in accordance with professional charces £ a recognized Town Planning Institution except that: (i) all time the charges shall be as described in Clause 208 of Section 200. basis. layouts shall be charged on a tim Gi) al Garden Landscape Desien The cost of all site works designed under the direction of the Consultant under the sane or separate building, civil engineering or landscape contracts shall be included in the total d the Consultant construction cost of the works a! shall be entitled to the appropriate percentage fees for the normal or partial services, except thatr- (i) fees for work worth above £5,000 of al2 site works in any contract shall be in accordance with the Scale of Profession Charges for recognized Landscapers. (41) fees for normal service for roads and sewers in any separate contracts shall Charges be in accordance with Scale o: for General Civil Engineering works as per Section 700 of these conditions. (iii) the fees for special design for garden furniture and ornaments shall be as for clause number furniture the design 303.16303.13 3303.13.01 Client for additional payment above those which would otherwise have been made under Clause 220.01. Town Planning es for town planning work 5 for the time being be in accordance with professional charges of a recognized Town Planning Institution except that: (i) all time the charges shall be as described in Clause 208 of Section 200. all layouts shall be charged on 2 tine basis. Garden and Landscape Desion the cost of all site works designed ur direction of the Consultant under the same or separate building, civil eng: contracts shall be included in the total construction cost of the works and the Consultant shall be entitled to the appropriate percentage fees for the normal or partial services, except that (i) fees for work worth above £5,000 of all jte works in any contract shall be in accordance with the Scale of Professional charges for recognized Lendscavers: (14) fees for normal service for roads and sewers in any separate contracts shall be in accordance with Scale of Charges for General Civil Engineering works as ction 700 of these condi (444) the fees for special design for garden iture and ornaments shall be as for umber clause303.15 303.15.01 - 45 - (av) specialist advice on the tree selection of Plants and materials, visits to tree nurseries etc., and all other additional services shall be charged on time basis. Interior Design Where special service including the provisions of special sketch studies, detailed advice on the selection of furniture, fittings and soft furnishings, and supervision of making up such furnishings as provided in respect of interior design work in a new building or existing building the percentage fee for each stage of service shall be double that for normal works, subject to the following conditions:- (i) such work shall be distinct from normal alterations to an existing building and will exclude all external works and major structural alterations; (44) it shall be executed under a special building contract or sub-contract separate from that for other works on which the Consultant may be employed; (iii) neither the total construction costs nor the fees for ‘the normal service shall be abated where other designers are employed on interior design work executed under the direction of the Consultant. Shop Fitting and Exhibition work For shop-fitting, bank fronts and interior exhibition design and similar works including both the remodelling of existing shops and the design of new units independently ang within the shell of an existing building, irrespective of whet! the Consultant is employed for shop fitti:303.15.02 303.15.03 303.16 303.16.01 303.16.02 303.16.03 Pde contract, the percentage fee for each stage of the normal service will be double that for the new works. Where all shop fitting drawings are provided by specialist sub-contractors the fee shall be as use 302. for the normal service described in a1. When the cost of exhibits or parts of exhibits prepared by the Client in his own workshops is excluded from the total production cost, in accordance with clause 303.17.02, the Consultant will charge for work in connection with such items on a time basis. Furniture and Fittings For advising on the selection and suitability of loose furniture fittings and soft furnishings, and supervision of their the making up of soft furnishings where a special interior design service as described under tallation including clause 303.15.01 is not provided, fees shall be on a time basis. For the design of special items for furniture and fittings for limited production only, the percentage fees shall be 15% of the total production cost. Alternatively, fees may be on a time basis. Payment for the design of mass produced it furniture may be by royalty or by time charges and scale of copyright. Fees for the design of prototypes should be on a t: an advance or royalties. me basis but may be303.17 303.17.01 304 304,02 304,02.02 304.01.02 i 304.01.03 - 4 - Works of Creative Art For advising on the commissioning of special works the selection of painting and sculpture etc. and for supervising their installation, fees shall be on a time basis. Artists’ fee and cost ed by itate quotations from of ar of such works shall be estab allowing a prime cost sum to faci leading artists or sculptors. MODE AND TIME OF PAYMENT Normal Services Subject to other arrangements such as interim payments made on a quarterly or other basis, all payments on account shall become due as follows:- 15% of the total fee when the preliminary sketch design stage as set ovt in clause numbered 301.02 is completed. A further 208 of the total fee when the final design stage as set out in clause numbered 301,03 is completed. Ag 58 paid in two stages as fo (4) 108 on completion of working drawings showing general floor plans, sections and elevetions with detailed specifications. (43) A further 258 on completion of all details of components, working and production drawings end information necessary for preparation of Bills of Quantities and Construction of the works.3304.01.05 304.01.06 304.01.07 304.01.08 304,02 304.02.02 - 4a = The remaining 308 of the total fee is to be paid by instalments proportions to the value ef work certified and shall be deemed to be payable within the pre-determined contract period. The predetermined contract period would mean the original contract period plus extensions caused by variation of additional works and any certif and recommended extension of time by the Consultant in accordance with the terms of the contract. Interim payments under clauses 304.01.02 to 304.01.04 inclusive shall be calculated on the cost of the works (or any proportion thereof) and before allowing for any medifications required by the Client to be made to the designs between the receipt of tenders thereof, and the acceptance of a tender. ‘These values shall be based on the tender reconmended for acceptance (or, where a tender has not been received, on the Consultant's estimate of the value of the works or of the relevant portion thereof). Such payments shall not be xegarded as valuation of duties performed at the respective stages but shall rank solely as payments on account towards the total fee ultimately payable and c ed in clause 302.01.02 lculated on the cost of the works, as def: Progress payments under clause 304.01.03 shall be calculated on the value of the work completed. Additional and Special Services Payment for additional ané special services shall be paid after completion of the service or by prior arrangement with the Client, and subject to 200. clause 208 of Sec‘0, Box 20852 TEL: 271757) / 2725732 Sp 308 INFORMATION 70 BE SUPPLIED TO THE CONSULTANT 305.01 Nature of Project The Client should provide outlined description of: Function of project (ii) Services required r (iii) Standards of finish required (iv) Furniture and fittings to be provided. 305.02 Site 305.02.01 The Client should provide:- [ a) t and site boundaries (44) Survey showing the correct boundaries, beacons and levels (iii) Details of legal position of land. r 305.03 «Accommodation Neguicensnte Mm 305.03.01 The Client should provide:~ (i) schedule of areas of accommodation required with size/quantity indications (ii) explanation of special requirements (ii) explanation of special processes numbers of persons to be mmodation and staff to be employed and persons using the buil- 50 - (v) machinery requirements (vi) mechanical requirements (vii) any detailed special room data requirements. 305.04 Expenditure Intended 305.04.01 The Client should state: (i) cost limit, if any (42) method of financing building (iii) budget if (iv) any detailed requirements regarding cost.SECTION 400 QUANTITY SURVEYORS401 401.01 4901.01.01 401.02 401.02. 4021.02.02 4091.02.03 4021.02.04 401.03 4021.03.01 4021.03.02 4021.03.03 401,03,04 a SECTION 400 SCHEDULE OF DUTIES AND PROFESSIONAL CHARGES FOR QUANTITY SURVEYORS OF DUTIES FOR NORMAL SERVICES SCHEDULE Inception Stage yola meetings with the Client and other Consultants and visit site. preliminary Sketch Design Stage ise with the Client and other Consultants on Lia: programme for the works. prepare an approxinate estimate of cost based on linear, superficial, cubic or similar basis from outlined sketch proposals. Aavise on possible design econcmies and on the financial implications of different proposals. amend approximate estimate as necessitated by modifications to sketch proposals. Final Design Stage provide cost advice as necessary for preparation of final design. amend approximate estimate as necessary. collaborate in preparation of Time Table coveréng consultant's work for preparation of Tender Documents. wake minor amendments as necessary to approximate advise on design economies.- 52 - = 401.04 Design Details Production Drawings, Tender Documents | 4012.04.01 Amend approximate estimate as necessary, cross checking with budget allocation during preparation | of contract drawings and report accordingly. 401.04.02 Advise on form of contract 401.04.03 Prepare bills of quantities including bi nated sub-contractors and suppliers’ work except where other | and/or specification for non: | Consultants are commissioned. - f 401.04.04 Prepare tender documents and ensure that they y with other Consultants’ drawings and ifications. 1 fi 401.04.05 Provide to the Client final estimates of the works based upon priced bills of quantities. ~ 401.05 Action and Construction Stace (Supervision Perio. | 401.05.01 Advise on tenderers, obtain and evaluate tenders, advise on the contract and recommend on the = { appointment of the contractor. 401.05.02 Draw up contract documents. t . 401.05.03 Obtain, check ana report on tenders for nominated L sub-contracts where necessary. 401.05.04 visits to site to measure or varied works. uy 401.05.05 Make periodic visits to sites to survey works in progress, take particulars and prepare valuations * for interim payments to the contractor i th other Consukfants. - poration oh coll401.05.06 401.05.07 401.05.09 4401.05.10 401.06 401.06.01 401.06.02 401.06.03 402 402.01 402.01.01 6S Prepare periodic financial appraisals in consultation with other Consultants. Advise the Client on financial implications of proposed variations and submit details of additional funds required. Revise estimated final cost, submit financial appraisals and provisional final account figures Aévise on contractual matters. Examine, evaluate and report on contractor's claims. Defects Liability Period Stage Complete measurement and pricing of final account and agree with contractor. Advise on any outstanding disputes with the contractor excepting being involved in the arbitration an@ litigation processes- in Prepare valuation for final certifi collaboration with other Consultants. PROFESSIONAL CHARGES FOR NORMAL SERVICES Scales of Fees Generally For the purpose of calculating design fees, the cost of the works shall be the accepted tender for the whole of the works subject however to the provisions of clauses 228.01 and 229.02 of section 200 and to the following clauses. In ng accepted, fees are the event of no tender be to be calculated upon the basis of the lowest original bona fide tender received.4902.01.02 402.01.03 4092.01.04 In the event of no tender being received within three ne fees are to be calculated upon a Peavonadle eks based upon the priced bills ication and érawings es months, te, of e For pre-tender fees (design period) the cost of the work on which fees are payable shall be inclusive of all Provisional and Prime Cost Sums, for which the Quantity Surveyor has been involved in preparation of tender documents but shall exclude all prime cost and provisional suns for which ether Consultants prepare tender documents. ems of equipment and/or plant whose All single value as installed is less than 0.5 million shillings will earn fees based on a cost of the works of 0.2 million shillings or the actual cost whichever is less. For post-tender fees (Construction Period) the cost of the works for which fees are payable shall be based on the final account except that single itens of equipment or plant whose cost is more than 0.5 mill the works. The cost of such equipment and plant will then be reduced by a multiplying factor set cut below. The relative cost so arrived at shall be added back to form the new cost of the worke upon which the fees will be based. on will be deducted from the cost 6402.01.05 402.01.06 402.02 402.02.01 cost of item Reduction factor of cost of equipment 0.5 million 0.4 1.00 million 0.3 2.50 million 0.25 5.00 0.2 10.0 million 0.15 15.0 million and above 0.10 Intermediate values Factors by Interpolation When a project is the subject of a number of contracts then, for the purpose of calculating fees, the values of sich contracts shall not be aggregated but each contract shall be taken separately and the scale of fees applied as appropriate. the overall scales of fees assume normal conditions when the bills of quantities are based on drawings accurately depicting the Building Works the employer requires. If the works are materially varied to the extent that substantial re-measurement is necessary then the fee should be adjusted as per clause 403.04. petsiled Scales of Fees (For all duties from inception to Final Account} This will be the basic scale of fees which will be applied for nem-repetitive end repetitive buildings.{ - 86 - ; Cost of works Fees i Up to Sh. 400,000 Sh. 2590 + 4.65% of the cost of the Sh. 400,000 to Sh. 640,000 sh 3790+ 4.358 " " " "FORKS Pee (ita oe Lo in ee BG Sh. 1,280,000 t0 Sh. 2,500,000 Sh. 4,350 + 3.258 " " "0" Sh. 2,500,000 toSh. 5,000,000 Sh. 4350+ 2.858 " " " " ™ Sh. 5,000,000 toSh10,000, 000 Sn. 31,850 + 2.708 " " | f $h.10, 000,000 to$h20,000,000 Sh.5,850 + 2.508 " " " " " t Sh.20, 000, 000 to $h.40,000,000 Sh. 71,850 + 2.408 " p 'Sh.40,000,000 and above shiv,sso+ 2.158 " " "TM I [ 402.03 Repetitive Works 402.03.01 Bi [ floor area of complete repetition a multiplier of 0.9 will apply to the fees for the works calculated for ding or complexes of buildings with 55% or more f particular category of building. t 402.03.02 A repetitive building or housing unit is defined as one house, one pair of semi-detached houses, one terrace of houses or one block of flats/maisonettes | ox hostels which is identically repeated. When different types of units form part of an estate, the table of fees shall be applied to each different type of unit in turn. All repetitive external works sha! be billed with individual units. 402.03.03 For the purpose of calculating pre-tender fees upto 03 for repetitive works defined above Clause 404. the repetitive units (modified by the fees for { appropriate factors set out in Clause 402.03.01 where shall be modified as set out below: Factors first one unit L next 4 units next 5 units402.03.04 403 403.02 403.01.01 403.02 403.02.01 403.03 403.03.01 403.04 st 403.04.01 os the multiplying factors for repetitive units set out in clause 402.03.03 above will not apply to supervision work for which fees will be based on calculations modified by other factors ané multiplied by a factor of 0. ADDITIONAL AND SPECIAL SERVICES, DUTIES AND PROFESSIONAL CHARGES Additional and Special Services Generally the services set out hereunder do not form part of normal services described in clauses numbered 402 and require the payment of edditional fees- cost Planning where full cost planning services are required an additional fee of 1/3 of one percent of the cost of the work. works of Alteration, Decoration and Repairs on works of alteration, decoration, repairs or on those sections of the project which are mainly works of alteration or repair, there shall be a fee of It “in addition to the fee for normal services calculated in accordance with clauses numbered 402.02, or alternatively a charge based upon the time involved. eduction and Additions - Bills of Quantities Reduction and Additions - Bilis of QUSBEASISS If a tender received, is reduced before acceptance cm fees are to be calculated upen unreduced amount of such tender. If a Bill of reduc’ on is required the extra fee refore ist~403.0402 403.05 403.05.02 403.05.02 403.06 4403.06.01 - 58 - (i) 38 of the gross amount of all additions or omissions requiring measurement. (4i) 148 of the gross amount of all additions or omissions requiring abstraction from original dimension sheets. (ii) 48 of the total of all remaining additions. The above clause will also apply for variation during construction period where new works have been introduced. Pricing Bills of Quantities For pricing bills of quantities or bills of approximate quantities, if instructed, to provide an estimate comparable with tenders 1/4 of one percent on the first £20,000 of work value 1/8 of one percent on the next £230,000 -ditto- 1/16 of one percent on the remainder. Negotiating and agreeing prices with a contractor based upon priced bills of quantities as rer clause 401.04.05: 1/4 of one percent on the first £20,000. 1/8 of one percent on the next £230,000. si one percent on the remainder. Contracts based upon Schedules of Prices or Bills of Approximate Quantities For preparing schedules of items to be priced by a contractor, and agreeing such prices, fee shall be charged on ti : basis.403.06.02 4403.06.03 403.06.04 403.06.05 403.07 403.07.01 oo For preparing bills of approximate quantities suitable for obtaining competitive tenders which will provide a schedule of prices and a reasonable close forecast of the cost of the work, but subject to complete re-measurement, 40% of the scale of fees for norm 21 pre-contract services shall be charged. Por surveying works in progress, taking particulars and reporting for interim certificates for payment on account to the contractor, measuring and preparing the final account including pricing and agreeing totals with the contractor and adjusting éluctuations in cost if required by the contract, 708 of the scale of fees for normal pre-contract (gesign period) services shall be charged. When the measurement in clause 4023.06.03 proceeds in stages involving preparation of periodic bills, the scale of fees shall be increased to 80% of the scale of fees for normal pre-contract (Design Stage) services. For measuring works on site and preparing bills of completion where work has been abandoned or determined, fees shall be on time basis. Schedules of Labour and Materi: Measuring from drawings end specifications and preparing bills of quantities of labour only or materials only, the fees shall be double the pre-contract (design period) fee. For prepari: approximate estimates and any cost planning services, es shall be ch ged on time is.403.08.02 403.09 4403.09.02 403.10 403.10.02 403.11.02 = co For checking prime costs reporting for interim certificates for payment on account to the contractor and preparing the final account the fee shall be 35% of the scale of fees for normal services. ‘Tne fee is to be caleulated upon the amount of the final account less the value of any work involving measurem on the value of any work involving measurement the fee shall be38. These fees do not include for on site checkers for whom an extra fee will be payable on an hourly basis as per appendix 1. survey For making inspections, preparing reports or giving advice on the structural or sanitary condition of premises,the fees shall be on time basis. valuation of Freehold and Leashold Property For the valuation of freehold or leasehold property the fees shall be 18 on the first £1,000 of the valuation, .5% on the next £9,000 and .33% on the residue of the valuation. costs of Buildings Assessment of Replacement Assessment of Replac: for Insurance For the assessment of replacement costs of buildings be .258 ation, .1258 on for insurance purposes, the charge shal on the first £10,000 of the val the next £90,000 and 063% on the residue of the valuation. — —.404 404.01 404.01.01 404.01.02 404.01.03 404.01.04 404.01.05 404.01.06 - 61 = N 1 MODE AND TIME OF PAYMENT Normal Services Subject to other arrangements such as interim payment made on a quarterly or other basis, payment on account sha me due as follows:- The first 20% of the total fee shall become due upon completion of duties up to and including those defined in clause 401.04.01. A further 40% of the total fee is payable when priced bills of quantities are produced as per clause 401.04.05. The remaining 40% of the total fee will be paid as in instalments proportionate to the value of works certified but will not be finalized until the final account is signed by all parties to the contract. Interim payments under clauses 404.01.02 to 1404.01.04 inclusive shall be calculated based on the cost of the works (or any proportion thereof) and before allowing for any modifications required by the Client to be made to the design between the receipt of tenders and the acceptance of a tender. These values shall be based on the tender recommended for acceptance (or, where a tender has not been received, on the Consultant's estimate of the value of the works or the relevant portion thereof). Such payments shall not be regarded as valuation of duties performed at the respective stages but shall rank solely as payments on account towards the total fee ultimately payable and calculated on the cost of the works, as defined in clause 492.01404.01.07 404.02 404.02.01 404.03 404.03.01 404.04 4404.04.01 404.05 oho In the event of work being abandoned, stopped or delayed the appropriate full or partial fee will be paid for the services rendered upto that stage. The Charges Where work is undertaken on an hourly basis, the maximum payment will be as per clause 208 in Section 200. nses Out of Pocket Expen All out of pocket expenses shall be reimbursed as per clause 207 of Section 200. Incorporated Bills of Quantities Where the Consultant incorporates standard bills of quantities the pre-contract fee thereof will be 20% of the normal pre-contract fees. information to be supplied to the Consultant The Client through the Consultants shall supply free of charge to the Quantity Surveyor:- (4) Drawings (a) Architectural drawings. (b) Structural drawings. (c) Civil Engineering drawings. ctrical and Mechanical drawings and/or specifications.- 63 - SECTION 500 DUTIES 2ND PROFESSIONAL CHARGES SCHEDULE _OF 501.02 501.01.01 501.02 501.02.01 5301.02.02 501.02.03 5301.02.04 501.02.05 501.02.06 FOR MECHANICAL AND ELECTRICAL’ ENGINEERS FOR MECHANICAL AND ELEC SCHEDULE DUTIES FOR NORMAL SERVICES Consultant ghall savice of che need Sor speeial 327 design services which demand hirt ng special expertise. eliminary Sketch Design Stage Investigating available data or information relating to the project and which are relevant +0 the works and collaborating with other Consultants. avising on the necessity for any special surveys, jnvestigations or tests referred to in clause 03.01.01 which may be required for the Proper design and constr ction of the works. Arranging for the special surveys, investigations ‘and tests referred to in clause 501.02.02 above to be carried out on the results therefrom. Consulting the local or other authorities agfecting matters of principle in connection with the design. providing sufficient preliminary information ané approximate estimates based on linear, superficial, cubic or similar basis regarding the works to cnable other Consultants! preliminary sketeh pfans or preliminary tender érawings for the project *° approved by the Client. preparing preliminary sketch schemes for approval by the Client before P ceeding to final design stage.