SOUTH AFRICAN NATIONAL ROADS AGENCY SOC LIMITED

Transcription

1 Project No:.. Agreement No:. of:. (date) SOUTH AFRICAN NATIONAL ROADS AGENCY SOC LIMITED AGREEMENT FOR CONSULTING ENGINEERING SERVICES Date of Revision: APRIL 2013

2 1 CONTENTS PAGE PART A: PARTICULAR CONDITIONS OF AGREEMENT... 2 AGREEMENT... 2 A1 APPOINTMENT OF CONSULTING FIRM... 2 A2 BASIS OF AGREEMENT... 3 A2.1 LEGISLATION AND REGULATIONS ON REMUNERATION... 3 A2.2 CONSTITUENT DOCUMENTS... 3 A3 SERVICES TO BE PERFORMED... 3 A3.1 NEW WORKS... 3 A3.2 REHABILITATION OR ROUTINE MAINTENANCE... 4 A4 THE FOLLOWING STIPULATIONS AND FACTORS WILL APPLY... 4 A5 COMMENCEMENT AND COMPLETION DATES... 8 A6 OTHER AGREEMENT ARRANGEMENTS... 9 A7 PARTICULARS OF APPOINTMENT AND REFERENCES A8 SIGNATORIES... 12

3 2 PART A: PARTICULAR CONDITIONS OF AGREEMENT AGREEMENT A1 APPOINTMENT OF CONSULTING FIRM (i) Appointment The South African National Roads Agency SOC Limited hereby appoints the Consulting Firm and the Consulting Firm accepts the appointment on the terms and conditions hereinafter set forth. (ii) Agreement No. :... of 200../../.. AGREEMENT between the SOUTH AFRICAN NATIONAL ROADS AGENCY SOC LIMITED (hereinafter called SANRAL ) and carrying on business at: under the style of: *(delete inapplicable and give details of applicable) Joint Venture; Consortium; Close Corporation; Company (Pty) Ltd; Partnership; other as follows: (hereinafter called the Consulting Firm ) WHEREAS SANRAL intends to proceed with the following Works: it has requested the Consulting Firm to undertake and perform the Consulting Engineering Services hereinafter mentioned which the Consulting Firm has agreed to do upon and subject to the terms and conditions hereinafter set forth:

4 3 A2 BASIS OF AGREEMENT A2.1 LEGISLATION AND REGULATIONS ON REMUNERATION The provisions of the Engineering Profession of South Africa, Act 2000 (Act No 46 of 2000) as amended from time to time shall apply. A2.2 CONSTITUENT DOCUMENTS The following documents shall be deemed to form and be read and construed as part of the Agreement, namely: (i) The letter of confirmation of appointment (ii) Part A: The Particular Conditions of Agreement Revision (year)... (iii) Part B: The General Conditions of Agreement Revision (year)... (iv) (v) (vi) Annexure No. 1 Revision: date... (bound separately) Annexure No. 2 Revision: date... (bound separately) Annexure No. 3 Revision: date... (bound separately) Further Documents Applicable (vii) (viii) (ix) (x) The following further conditions/amendments are applicable (2 Stage appointment for example) and/or work not of a normal character (4.3.2): A3 SERVICES TO BE PERFORMED The Services to be performed by the Consulting Firm in terms of this Agreement and stipulated Annexures shall be with respect to: *(delete whichever is not applicable) A3.1 NEW WORKS (i) *preliminary investigation (and/or route location) stage; (R.L) (ii) *preliminary design (basic planning) stage; (P.D) (iii) *detailed design and documentation stage; (D.D) (iv) *tender and construction stage; (T.C) as described in Annexure 1 to this Agreement.

5 4 A3.2 REHABILITATION, ROUTINE MAINTENANCE OR TOLL OPERATIONS (i) *initial assessment stage; (I.A) (ii) *detailed assessment stage; (D.A) (iii) *detailed design and documentation stage; (D.D) (iv) *tender and construction/operation stage. (T.C) as described in Annexure 1 to this Agreement. A4 STIPULATIONS AND FACTORS RELATED TO FEES AND DISBURSEMENTS (i) NORMAL DUTIES Reimbursement for documents etc. [Table 3 of Annexure 3] for Stage(s) [tick the applicable stage(s)] In the event of other describe separately RL PD DD TC Other Transport and Subsistence [Table 4 of Annexure 3] for Stage(s) RL PD DD TC Other [tick the applicable stage(s)] In the event of other describe separately (ii) Distance to project [subsection of Annexure 1]... km (iii) Type of Roadworks [subsection 4.2.1(f) of Annexure 1]... and percentage reduction in proportionate basic fee:... % (iv) Works making unusually high demands [subsection of Annexure 1] and percentage increase in basic fee as per (a): Urban freeways [subsection (a)]:... % Alterations to existing Works [subsection (b)]:... % Works on separate non-adjacent sites [subsection (c)]... Other types [subsection (d)]:... % Gravel roads [subsection (e)]... % Targeted procurement [subsection (f)]:... % (Only if specifically instructed) (v) Work not of normal character (4.3.2) (Work description to be stated in paragraph A2.2 (x) herein) Fees agreement:...

6 5 (vi) Works making unusually low demands [subsection of Annexure 1]: and percentage decrease in basic fee:... % (vii) (viii) (ix) Type of Appointment: Full Services/Partial Services [subsection 2.2 and 3.3 of Annexure 1)... Percentage Take-up/Drop-off fee, if applicable: Take-up Fee -... % Drop-off Fee -... % or other arrangements such as time and cost:.... Type of remuneration (Percentage fees and/or time and cost or Lump Sum): Civil and Structural Works:... Reinforced Concrete & Structural Steel Works: [Subsection (b) and (c) of Annexure 1] Major Bridge Project [see Note (i) of Table 2 of Annexure 3]... Other Professional disciplines (4.2.2 and of Annexure 1 (State discipline and type of fee).....

7 6 (x) Additional services [subsections to but excluding and of Annexure 1] (Identify type and remuneration method): (xi) Engineering Management Services/principal agent of SANRAL [subsection of Annexure 1] Increased Percentage fee applicable [subsection of Annexure 1]:... % Time and cost arrangement (if applicable):... % (xii) Special Services and Specialist Advice [subsection and 2.5 of Annexure 1] (Identify type and remuneration method): (xiii) Diverse other services [subsections and 2.6 of Annexure 1] (Identify type and remuneration method):

8 7 (xiv) If the Consulting Firm is not required to administer the construction it is nevertheless required that a Partner/Associate will inspect the Works at agreed times as instructed by SANRAL during the construction. Reimbursement for such inspections and liaison meetings is to be on a time and cost basis as described in Annexure 2. Agreement(s) in this regard is/are as follows:

9 8 A5 COMMENCEMENT AND COMPLETION DATES All of the Services as outlined in clause A3 above shall be completed and all drawings, documents, reports and other data, in paper and electronic formats as required by SANRAL, submitted to SANRAL not later than the dates agreed to hereunder: NEW WORKS *Preliminary investigation and/or routine location REHABILITATION, ROUTINE MAINTENANCE OR TOLL OPERATIONS *Initial Assessment **START DATE SUBMISSION DATE *Preliminary design *Detailed Assessment *Detailed design and documentation *Detailed design and documentation *Tender & Construction *Tender & Construction *Additional services *Additional services a) a) a) b) b) b) c) c) c) d) d) d) e) e) e) f) f) f) *Specialist advice (describe) *Specialist advice g) (d) g) h) (e) h) i) (f) i) *Diverse other services(describe) *Diverse other services a) a) a) b) b) b) c) c) c) * Delete whichever is not applicable ** The Starting Date is the date when the work can commence and could be different from the Effective date of the Agreement.

10 9 A6 OTHER AGREEMENT ARRANGEMENTS (i) (ii) Retention applicable to records for the Tender and Construction Stage: 10% of this stage fee, or R maximum, [subsections 3.2.2(d) and 3.2.3(d) of Annexure 1] Value of insurance: (State Value in Rands) (a) Clause B 18 of Part B Professional Indemnity (for each and every case): Company(ies):... Value:... Third Party Indemnity related to breach of professional duty: Company(ies):... Value:... General Public Liability: Company(ies):... Value:... Wilful Neglect Company(ies):... Value:... (b) Special insurance if instructed by SANRAL (subsection ) Description:... Value:... (iii) Estimated Total Fees and Disbursements payable: (Excluding VAT) Financial Year Planning & Design Stages Tender & Construction Stages [Detailed budgets as required in Part B must be submitted to SANRAL in prescribed format which shall be updated as and when required.]

11 10 (iv) Penalties As provided in Part B clause B 32, penalties for failure to meet the submission dates shall be R... for every 7 days by which submission is late, applied to each Stage separately. A7 PARTICULARS OF APPOINTMENT AND REFERENCES (i) Project Description (state starting-and end point clearly): (ii) Description of Services: (state stages clearly): (iii) Project No. (to be used on all correspondence and invoices)... (a) Date of approval of appointment by SANRAL:... Item No.:... (b) Date of letter of Invitation:... (c) Effective Date (date of letter of confirmation of appointment):... (iii) Name of Consulting Engineering Firm: (or JV) Represented by: (Duly authorised as signatory by Consulting Firm) Domicilia Citandi et executandi of Consulting Firm Postal Address: Street Address: Telephone Numbers:... Base office for the Consulting Firm:... (iv) Vendor Name and Number:...

12 11 (v) Consulting Firm s Designated Representative for the project:... (vi) SANRAL s Designated Representative: (vii) Regional Manager s Office (SANRAL):... Represented by:... (viii) SANRAL s Domicilia citandi et executandi Postal Address: Street Address: P O Box Tamboti Avenue PRETORIA VAL DE GRACE PRETORIA

13 12 A8 SIGNATORIES A8.1 SIGNED FOR AND ON BEHALF OF SANRAL ON THIS...DAY OF DAY MONTH YEAR in the presence of the undersigned witnesses:... for THE SOUTH AFRICAN NATIONAL ROADS AGENCY SOC LIMITED... (Signatory s name printed in capitals)... (Designation) AS WITNESSES: (Print Name) (Print Name)

14 13 SIGNATORIES A8.2 SIGNED FOR AND ON BEHALF OF THE CONSULTING FIRM ON THIS...DAY OF DAY MONTH YEAR in the presence of the undersigned witnesses:... for CONSULTING FIRM... (Signatory s name printed in capitals)... (Designation) AS WITNESSES: (Print Name) (Print Name)