Engineers Scale of Fees - Draft - PDF

ENGINEERS BOARD OF KENYA
THE SCALE OF FEES AND CONDITIONS OF

ENGAGEMENT FOR CONSULTING ENGINEERING
SERVICES IN KENYA
AUGUST 2014
THE SCALE OF FEES AND CONDITIONS OF ENGAGEMENT FOR CONSULTING ENGINEERING

SERVICES IN KENYA
EBK/SOF/814/V1
FOREWORD
Eng. M. S. M. Kamau, CBS, HSC, FIEK, PE

Cabinet Secretary
Ministry of Transport and Infrastructure
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Table of Contents
MEMORANDUM OF AGREEMENT BETWEEN CLIENT AND CONSULTING ENGINEER FOR
PROFESSIONAL ENGINEERING SERVICES ............................................................................ 7
1.0
BASIS FOR REMUNERATION ......................................................................................9
1.1
Purpose of this Document ......................................................................................9
1.2
Selection of a Consulting Engineer and Scope of Work ............................................... 9
1.3
Quality Management and Scope ............................................................................ 10
1.4
Categories of Service ........................................................................................... 10
1.5
Methods of Remuneration .................................................................................... 12
3.0
OBLIGATIONS OF THE CONSULTING ENGINEER ......................................................... 14
3.1
Performance of Services ...................................................................................... 14
3.2
Skill and Care ..................................................................................................... 14
3.3
Assignment ........................................................................................................ 14
3.4
Acting as Lead Consultant .................................................................................... 14
3.5
Working with Specialists Sub-Consultants .............................................................. 14
3.6
Design by Contractors or Sub-Contractors .............................................................. 14
3.8
Limit of Authority ................................................................................................ 15
3.10
Assurance of Professional Design and Field Review ............................................... 15
4.0 ................................................................................................................................ 16
OBLIGATIONS OF THE CLIENT .......................................................................................... 16
4.1
Payment for Services ........................................................................................... 16
4.2
Provision of Information....................................................................................... 16
4.3
Providing Assistance ............................................................................................ 16
4.4
Making Decisions ................................................................................................ 16
4.5
Assignment ........................................................................................................ 16
4.6
Appointing Clients Representative ........................................................................ 16
4.7
Appointing Contractors ........................................................................................ 16
5.0
SITE STAFF ........................................................................................................... 17
6.0
COMMENCEMENT, TERMINATION, POSTPONEMENT, DISRUPTION AND DELAY ............... 18
6.1
Duration of Appointment ...................................................................................... 18
6.2
Termination by the Client ..................................................................................... 18
6.3
Postponement and abandonment by the client ........................................................ 18
6.4
Termination by the Client following Breach of this Agreement by the ......................... 18
Consulting Engineer...................................................................................................... 18
6.5
Suspension or termination by the Consulting Engineer ............................................. 18
6.6
Insolvency ......................................................................................................... 19
6.7
Accrued Rights.................................................................................................... 19
6.8
Assignment Of The Contract ................................................................................. 19
7.0
PAYMENTS ............................................................................................................ 20
7.1
Alternative Methods of Payment ............................................................................ 20
7.1.1
Time Charges ............................................................................................... 20
7.1.2
Fixed Contract/Lump Sum Fees ...................................................................... 20
7.1.3
Percentage Fees ........................................................................................... 20
7.2
Payment for Additional Services ............................................................................ 20
7.3
Payment for the Use of Special Equipment ............................................................. 20
7.4
Payment for Site Supervision ................................................................................ 21
7.5
Reimbursable Expenses ....................................................................................... 21
7.6
Payment for Variation or Disruption of Consulting Engineers Work ............................ 21
7.7
Payment Following Termination Or Suspension By The Client.................................... 22
7.8
Payment Following Termination By The Consulting Engineer ..................................... 23
7.9
Payments For Bills Of Quantities ........................................................................... 23
7.10
Contested Invoices ......................................................................................... 24
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7.11
Time for Payment ............................................................................................ 24
7.12
Re-Use of Plans and Specifications ..................................................................... 24
7.13
Alternative Designs .......................................................................................... 24
7.14
Disbursements ................................................................................................ 25
7.15
Taxes ............................................................................................................. 25
8.0
OWNERSHIP OF DOCUMENTS AND COPYRIGHT ......................................................... 26
8.1
Copyright ........................................................................................................... 26
8.2
Publication by the Consulting Engineer .................................................................. 26
9.0
INSURANCE FOR EQUIPMENT, LIABILITY AND PROFESSIONAL INDEMNITY ................... 27
9.1
Insurance .......................................................................................................... 27
9.2
Liability.............................................................................................................. 27
9.3
Professional Indemnity Insurance.......................................................................... 27
10.0
DISPUTES AND DIFFERENCES .............................................................................. 28
10.1
Mediation or Conciliation ................................................................................... 28
10.2
Adjudication .................................................................................................... 28
10.3
Arbitration ...................................................................................................... 28
10.4
Subsequent Proceedings ................................................................................... 29
11.0
NOTICES............................................................................................................ 30
12.0
GUIDELINE SCOPE OF ......................................................................................... 31
SERVICES OF THE CONSULTING ENGINEER........................................................................ 31
12.1
Planning, Studies, Investigations and Assessments .............................................. 31
12.2
Normal Services .................................................................................................. 31
12.2.1 Stage 1 Inception ........................................................................................ 31
12.2.2 Stage 2 Concept and Viability (Often called Preliminary Design) ........................ 32
12.2.3 Stage 3 Design Development (also termed Detail Design) ................................ 32
12.2.4 Stage 4 Documentation and Procurement ....................................................... 33
12.2.5 Stage 5 Contract Administration and Inspection .............................................. 33
12.2.6 Stage 6 Close-Out ....................................................................................... 34
12.3
Additional Services ........................................................................................... 34
12.3.1 Additional Services pertaining to all Stages of the Project ..................................... 34
12.3.2 Construction Monitoring ................................................................................... 35
12.3.3 Occupational Health and Safety Act, Revised Edition2010 (Act No.15 of 2007)........ 37
12.3.4 Quality Assurance System ................................................................................ 37
12.3.5 Lead Consulting Engineer ................................................................................. 37
12.3.6 Engineering Management Services (Principal Consultant) ..................................... 37
12.3.7 Mediation, Arbitration and Litigation proceedings and similar Services ................... 40
12.3.8 Principal Agent of the Client ............................................................................. 40
Stage 6 deliverables .................................................................................................. 41
13.0 GU IDEL INE TA RIFF O F FEES ............................................................................... 42
13.1
Application of Tariff of Fees ............................................................................... 42
13.2
Fees for Normal Services .................................................................................. 43
13.2.1 Civil and Structural Engineering Services Pertaining to Engineering Projects ........... 45
13.2.2 Civil Engineering Services Pertaining to Building Projects ..................................... 47
13.2.3 Structural Engineering Services Pertaining to Building Projects ............................. 47
13.2.4 Mechanical Engineering Services pertaining to Engineering Projects ...................... 48
13.2.5 Electrical Engineering Services pertaining to Engineering Projects ......................... 50
13.2.6 Mechanical Engineering pertaining to Building Projects ...................................... 51
13.2.7 Electrical Engineering services pertaining to Building Projects ............................... 52
13.2.8 Services provided partially or in Stages ............................................................. 53
13.2.10 Cancellation or Abandonment ......................................................................... 54
13.3 Fees for Additional Services.................................................................................... 54
13.4 Time Based Fees ................................................................................................... 55
13.5 Expenses and Costs .............................................................................................. 56
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APPENDIX A: REIMBURSABLE EXPENSES ........................................................................... 58

REFERENCES .................................................................................................................. 59
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TABLE OF FIGURES
TABLE 1: CATEGORIES OF SERVICE OFFERED BY CONSULTING ENGINEERS....................................................................... 12
TABLE 2: BASIC FEE FOR NORMAL SERVICES IN THE DISCIPLINES OF CIVIL AND STRUCTURAL ENGINEERING PERTAINING
TO ENGINEERING PROJECTS ................................................................................................................................... 45
TABLE 3: CATEGORY FACTORS FOR ROAD WORKS ........................................................................................................... 46
TABLE 4: BASIC FEE FOR NORMAL SERVICES IN THE DISCIPLINES OF CIVIL ENGINEERING PERTAINING TO BUILDING
PROJECTS............................................................................................................................................................... 47
TABLE 5: CATEGORY FACTORS FOR CIVIL ENGINEERING PERTAINING TO BUILDING PROJECTS ......................................... 47
TABLE 6: BASIC FEE FOR NORMAL SERVICES IN THE DISCIPLINES OF STRUCTURAL ENGINEERING PERTAINING TO
BUILDING PROJECTS............................................................................................................................................... 48
TABLE 7: CATEGORY FACTORS FOR STRUCTURAL ENGINEERING PERTAINING TO BUILDING PROJECTS ............................ 48
TABLE 8: BASIC FEE FOR NORMAL SERVICES IN THE DISCIPLINES OF MECHANICAL ENGINEERING PERTAINING TO
ENGINEERING PROJECTS ........................................................................................................................................ 49
TABLE 9: CATEGORY FACTORS FOR MECHANICAL ENGINEERING PERTAINING TO ENGINEERING PROJECTS ..................... 50
TABLE 10: BASIC FEE FOR NORMAL SERVICES IN THE DISCIPLINES OF ELECTRICAL ENGINEERING PERTAINING TO
ENGINEERING PROJECTS ........................................................................................................................................ 51
TABLE 11: CATEGORY FACTORS FOR ELECTRICAL ENGINEERING PERTAINING TO ENGINEERING PROJECTS ...................... 51
TABLE 12: BASIC FEE FOR NORMAL SERVICES IN THE DISCIPLINES OF MECHANICAL ENGINEERING PERTAINING TO
BUILDING PROJECTS............................................................................................................................................... 51
TABLE 13: CATEGORY FACTORS FOR MECHANICAL ENGINEERING PERTAINING TO BUILDING PROJECTS .......................... 52
TABLE 14: BASIC FEE FOR NORMAL SERVICES IN THE DISCIPLINES OF ELECTRICAL ENGINEERING PERTAINING TO BUILDING
PROJECTS............................................................................................................................................................... 52
TABLE 15: CATEGORY FACTORS FOR ELECTRICAL ENGINEERING PERTAINING TO BUILDING PROJECTS ............................. 53
TABLE 16: TYPICAL PERCENTAGE POINTS FOR EACH STAGE............................................................................................. 53
TABLE 17: CATEGORY FACTORS FOR CONSTRUCTION MANAGEMENT SERVICES .............................................................. 55
TABLE 18: TYPICAL PERCENTAGE POINTS FOR EACH STAGE OF CONSTRUCTION MANAGEMENT SERVICES ...................... 55
TABLE 19: RATES FOR TIME BASED FEES ......................................................................................................................... 56
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MEMORANDUM OF AGREEMENT BETWEEN CLIENT AND CONSULTING

ENGINEER FOR PROFESSIONAL ENGINEERING SERVICES
CONTRACT OF AGREEMENT made this . day of .... 20
BETWEEN ........
.. of ....
. (hereinafter called The Client) of the one part
AND ...
.... of ..
...... hereinafter called The Consulting Engineer) of the other part
WHEREAS the Client has considered and approved the appointment of the Consulting Engineer
to provide professional services in connection with ..
..
.
. (referred to in this Agreement as the Project or
Works)
NOW IT IS HEREBY AGREED as follows:
1.
The Client agrees to engage the Consulting Engineer to provide the professional services
as described in this Agreement and the Consulting Engineer agrees to provide such
Services.
2.
This Agreement comprises this Form of Agreement together with the following documents
which shall be deemed to form and be read and construed as part of this Agreement.
(1)
Conditions of Engagement for Professional Engineering Services
(2)
Appendix A: Services of the Consulting Engineer
(3)
Appendix B: Remuneration and Payment of the Consulting Engineer
(4)
Appendix C:
Reimbursable expenses
3.
In consideration of the payment to be made by the Client to the Consulting Engineer as

hereinafter mentioned the Consulting Engineer hereby agrees to perform the Services in
conformity with the provisions of this Agreement.
4.
The Client hereby agrees to pay a fee of KSHS. ..

..( KSHS .) and the
reimbursable expenses of KSHS ..
. (KSHS .) to the Consulting
Engineer in consideration of the performance of the Services under the provisions of this
Agreement at the times and in the manner prescribed by the Agreement, Appendix B
Clause 2.
5.
The additional duties to be carried out in accordance with Clause 2.3 of the said
Conditions of Engagement shall be .
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IN WITNESS whereof the parties hereto have caused this Agreement to be executed the day,
month and year first before written in accordance with the laws of the Republic of Kenya.
FOR AND ON BEHALF OF THE CLIENT

Signature
___________________________________________________
Name
___________________________________________________
Designation
___________________________________________________
In the presence of
Name
___________________________________________________
Designation
___________________________________________________
Signature
___________________________________________________
Address
___________________________________________________
FOR AND ON BEHALF OF THE CONSULTING ENGINEER
Signature
___________________________________________________
Name
___________________________________________________
Designation
___________________________________________________
In the presence of
Name
___________________________________________________
Designation
___________________________________________________
Signature
___________________________________________________
Address
___________________________________________________
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1.0
1.1
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BASIS FOR REMUNERATION

Purpose of this Document
This document is a guide to be used in establishing professional fees to be charged by
consulting engineers for projects carried out in Kenya.Professional engineering fees must
reflect the value of services received by the client and not merely the consulting
engineer's cost of providing services. The fees listed are appropriate compensation for the
professional work required to meet the necessary standards of engineering care and
quality, and to sustain the profession through skills training and research and
development. Since these fees are a matter of contract between the consulting engineer
and the client, both parties are free to develop arrangements suited to specific situations
within the parameters presented in this document, bearing in mind the need for
appropriate and adequate compensation as for the engineering services rendered.
The various methods of determining fees for services are outlined in Appendix B: EBK
Scale of Fees for Consulting Engineers. The method chosen is a matter of agreement
between the client and the consulting engineer.
A written agreement is recommended (See the MEMORANDUM OF AGREEMENT BETWEEN
CLIENT AND CONSULTING ENGINEER FOR PROFESSIONAL ENGINEERING SERVICES).
1.2
Selection of a Consulting Engineer and Scope of Work

Since the success of any project depends on the teamwork of the client, consultants and
contractor, the selection of the team is one of the most important decisions a client can
make. A project succeeds by combining a knowledgeable client with a knowledgeable
team in a well-defined project.
When this happens, clients maximize the possibility of meeting their goals and save time
and money.
Place quality first: The consulting engineer is best selected for the total value the
engineer can bring to a project. Engineering has enormous leverage on the downstream
costs of construction, operation and maintenance. "Cutting corners" on engineering at the
start of a project by requiring a minimum level of service is unwise.
Prepare and discuss the Terms of Reference: Terms of Reference define the client's
needs, desires and expectations. They must be clear and understood by both parties
before evaluation and selection can proceed. Revisions to the Terms of Reference may
add to the capital and engineering costs and should be carefully considered.
Prequalify and prepare a shortlist: The preparation of proposals to provide consulting
services is expensive and time-consuming for the engineer. If a large number of
consultants are invited to submit detailed proposals for a project, the collective expense
can become greater than the value of the assignment. Furthermore, the client's review
process also becomes more complicated and time consuming.
Sound agreements prevent problems: The agreement between client and consultant
is governed by the size, complexity, duration and other aspects of the assignment. A
simple project may require only a simple agreement while a large project would usually
need documentation reviewed by legal counsel.
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1.3
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Quality Management and Scope

Where professional engineers are required to perform third party concept reviews of their
designs and to carry out field reviews of their projects during construction, the tasks
necessarily become part of the consulting engineer's scope of work and must be provided
for in fee arrangements.
1.4
Categories of Service
Table 1 provides a checklist of typical services offered by consulting engineers.
It indicates basic project services normally provided and additional ones for which the
engineer is often retained. The nature of the individual project will determine the scope of
the services required and the necessary form of agreement.
ITEM
1
CATEGORY OF SERVICE
Advisory Service
Preliminary Design Service
DESCRIPTION OF SERVICE
Preparation or review of engineering
program
Expert testimony
Appraisals, valuations, studies, reports
Feasibility analysis
Accident investigations
Preliminary concept sketch
Preliminary specification notes
Cost of work estimate
Litigation/Claims/ Insurance assistance
Detailed analysis of owning and operating
costs
Special grants and loans
Translation and interpretation
Project management scheduling
assistance
Assistance in preparing purchase
enquiries
Value engineering
Technical and performance audits
Transaction advisory
Training
Building Sector
Scope of project
Statement of probable cost
Review of design concepts
Preliminary design, sketches, schematics
and specification notes
Review of alternative design approaches
Infrastructure & Transportation Sector

Scope of project
Preliminary design reports, alternative
conceptual proposals, sketches,
schematics, specification notes
Both Sectors
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Final Design Services and Contract

Documents
Tender Call Services
Construction and Contract

Administration Services
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Scheduling
Documents for financing
Investigative surveys, geotechnical
Permits and licences
Environmental assessments
Revision of existing designs
Life cycle costing
Detailed cost estimates
Detailed design
Working drawings
Specifications and tender documents
Detailed cost estimates
Reinforcing bar schedules
Design and documentation not in
contract
Provision for owner supplied equipment
not in contract
Demolition documents
Tenant improvements
Fast-track construction or sequential
tendering
Preparation of shop drawings
Environmental design
Alternative conceptual proposals
Preparing tender call documents
Reviewing tenders submitted and
advising
Prequalification of contractors
Coordinating other consultants'
documents
Non-tender construction contracts
tendering
Bills, materials, detailed cost estimates
Tender advertisement
Alternative conceptual proposals
Assisting in the preparation of contract
Review of shop drawings
Field review
Progress review
Quality assurance
Testing monitoring
Change order costing
Document interpretation
Payment recommendation
Substantial performance review
Advising client and contractor of
continuing or newly observed defects or
deficiencies
Year end warranty review
System start-up and documentation
Post-warranty period follow-up
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Project Management Services
Construction Management Services

tendering
Maintenance manuals and drawings
Certification and testing of systems
Commissioning/training
Provision of resident construction
engineering services
Environmental monitoring
Record drawings
Consultant selection
Conceptual studies
Economic feasibility
Planning/scheduling/ monitoring and
controlling
Estimating/budgeting and cost control
Arranging financing
Procurement
Risk management
Commissioning
Quality assurance
Contract strategy, administration and
expediting
Construction logistics, planning,
scheduling and manpower forecasts
Labour relations, safety
Field office management, temporary
facilities
Materials receiving and warehousing
Progress monitoring, trending and
reporting
Cost performance monitoring, trending
and claims processing
TABLE 1: CATEGORIES OF SERVICE OFFERED BY CONSULTING

1.5
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ENGINEERS
Methods of Remuneration
Fees are based on one of four methods of calculation:
Method 1 Time Charges
Method 2 Fixed Contract/Lump Sum Fees
Method 3 Percentage Fees
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2.0
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DEFINITIONS
In construing this Agreement the following expressions shall have the meanings hereby
assigned to them except where the context otherwise requires:
Client
means the person, firm or organization named in the

Memorandum of Agreement, who has engaged the services of
the Consulting Engineer.
Consulting Engineer
means the legal person, firm or consortium, registered as

such by the Board, named in the Memorandum of Agreement
and shall include any other person or persons taken into
partnership by such person or firm during the currency of this
Agreement and the surviving member or members of any
such partnership.
Board
means the Engineers Board of Kenya.
Project
means the project with which the Client is proceeding and of

which the Works form a part.
Works
means the Works in connection with which the Client has

engaged the Consulting Engineer to perform professional
services.
Services
means the professional services performed by the Consulting

Engineer in respect of the Project or Works and shall
comprise Normal Services and Additional Services so
prescribed in Appendix A.
Contractor
means any person or persons, firm or company under

contract to the Client to perform work and/or supply goods in
connection with the Works
Sub-Contractor
means a person or firm appointed by or on behalf of the

Contractor to execute part of the project or of the Works or
to manufacture or supply material for incorporation therein.
Other Consultants
means Consultants other than the Consulting Engineer

appointed by the Client to perform professional services in
relation to the Project or Works.
Words importing the singular include the plural and vice versa where the context requires.
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3.0
OBLIGATIONS OF THE CONSULTING ENGINEER
3.1
Performance of Services
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The Consulting Engineer shall perform the Normal Services, as so prescribed in Appendix
A, and such Additional Services so prescribed in Appendix A and as may be requested or
consented to by the Client.
3.2
Skill and Care

The Consulting Engineer shall exercise reasonable skill, care and diligence in the
performance of the Services.
3.3
Assignment
The Consulting Engineer shall not, without the written consent of the Client which consent
shall not unreasonably be delayed or withheld, assign or transfer any benefit or obligation
under this Agreement.
3.4
Acting as Lead Consultant

The Consulting Engineer shall if so indicated by the Client prior to the execution of this
Agreement act as the Lead Consultant, in which capacity he shall coordinate and integrate
the services of such Other Consultants as the Client may appoint. The Consulting
Engineer will not be responsible for the detailed designs of any Other Consultant or liable
for defects in or omissions from them.
3.5
Working with Specialists Sub-Consultants

The Consulting Engineer may recommend to the Client that the Consulting Engineer sublets to a specialist sub-consultant the performance of any of the Services.
The Client shall not unreasonably withhold consent to such recommendation and the
Consulting Engineer shall integrate such sub-consultants services with his own. The
Consulting Engineer shall be responsible for the performance and the payment of any
sub-consultant.
3.6
Design by Contractors or Sub-Contractors

The Consulting Engineer may recommend that specialist suppliers and/or contractors
should design and execute certain part or parts of the Works in which circumstances the
Consulting Engineer shall co-ordinate the design of such part or parts with the overall
design of the Works but he shall be relieved of all responsibility for the design,
manufacture, installation and performance of any such part or parts of the Works. Where
any persons are engaged in accordance with Clause 3.5, the Consulting Engineer shall be
under no liability for any negligence, default or omission of such persons. The client shall
not unreasonably withhold consent to such recommendation.
If the Consulting Engineer shall be required to incorporate proposals by others in his
scheme then he shall not be responsible for the design or performance of the proposals
designed by others.
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3.7
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Appointing a Project Leader

The Consulting Engineer shall designate his Project Leader approved by the Client who
shall be deemed to have authority to make decisions on behalf of the Consulting Engineer
under this Agreement. The Project Leader shall not be replaced without the consent of
the Client, which consent shall not unreasonably be delayed or withheld.
3.8
Limit of Authority
The Consulting Engineer shall not without the further approval of the Client alter the
design once approved by the Client.
Save in the event of any emergency, the Consulting Engineer shall not without the
approval of the Client issue instructions to any Contractor the effect of which would be to
alter any design already approved by the Client or to incur additional costs to the Client
beyond whatever limits may have been agreed for such additional costs.
3.9
Bills Of Quantities
3.9.1 The Consulting Engineer shall advise the Client on the need for preparing Bills of
Quantities in respect of the Works before invitation of tenders thereof.
3.9.2 In such circumstances, the Consulting Engineer shall:
(a) Prepare detailed Bills of Quantities for the Works if the design of the project is
sufficiently advanced to enable him to do so, or
(b) Prepare any Bills of Approximate Quantities for the Works if the design of the
Project is not sufficiently advanced to enable him to prepare detailed Bills of
Quantities.
(c) Prepare priced bills of quantities for accurate cost estimates.
(d) Execute any other quantity surveying works as necessary.
3.9.3 In any case in which the Consulting Engineer has prepared Bills of Approximate
Quantities, he shall subsequently correct the quantities and re-price the Bills in
consultation with the contractor or sub-contractor.
3.10
Assurance of Professional Design and Field Review

Consulting engineers shall provide professional design and field review stipulated by the
various county by-laws. The consulting engineer shall submit the necessary letters for the
requirements of assurance of professional design and field supervision or inspection as
part of basic services.
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4.0
OBLIGATIONS OF THE CLIENT
4.1
Payment for Services
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The Client shall pay the Consulting Engineer fees and disbursements for the performance
of the Services as set out in Clause 7 of these Conditions.
4.2
Provision of Information
The Client shall supply to the Consulting Engineer, without charge and in such time so as
not to delay or disrupt the performance by the Consulting Engineer of the Services, all
necessary and relevant data and information (including details of the services to be
performed by any Other Consultants) in the possession of the Client, his agents, servants,
Other Consultants or Contractors.
4.3
Providing Assistance
The Client shall give, and shall ensure that his agents, servants, Other Consultants and
Contractors give, such assistance as shall reasonably be required by the Consulting
Engineer in the performance of the Services.
4.4
Making Decisions
The Client shall ensure that his decisions, instructions, consents or approvals on or to all
matters properly referred to him shall be given in such reasonable time so as not to delay
or disrupt the performance of the Services by the Consulting Engineer.
4.5
Assignment
The Client shall not, without the written consent of the Consulting Engineer which consent
shall not unreasonably be delayed or withheld, assign or transfer any benefit or obligation
under this Agreement.
4.6
Appointing Clients Representative

The Client may designate a Representative who shall be deemed to have authority to
make decisions on behalf of the Client under this Agreement. The Client shall notify the
Consulting Engineer immediately if the Clients Representative is replaced.
4.7
Appointing Contractors
The Client shall appoint Contractors to execute and/or to manage the execution of the
Project and the Works. The Client shall require that the Contractors execute the Project
and the Works in accordance with the terms of the relevant contracts.
Neither the provision of Site Staff nor periodic visits by the Consulting Engineer or his
staff to the site shall in any way diminish the responsibilities of the Contractors or any
Sub-Contractors for executing the Project and the Works in compliance with the relevant
contract documents and any instructions issued by the Consulting Engineer.
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5.0
SITE STAFF
5.1
If in the opinion of the Consulting Engineer the execution of the Project or the Works
including any investigations warrants full time or part time Site Staff to be deployed at
any stage, the Client shall not unreasonably withhold consent to the employment and/or
deployment of such suitably qualified technical and clerical Site Staff as the Consulting
Engineer shall consider necessary.
5.2
The Client and the Consulting Engineer shall discuss, agree and confirm in writing in
advance of such deployment, the number and levels of staff to be deployed to site, the
duration of such deployments, the frequency of occasional visits and the duties to be
performed by Site Staff.
5.3
Site Staff shall be employed either by the Consulting Engineer or by the Client directly.
5.4
The terms of service of all Site Staff if employed by the Consulting Engineer shall be
subject to the approval of the Client, which approval shall not unreasonably be delayed or
withheld.
5.5
The Client shall ensure that the contracts of employment of Site Staff employed by the
Client empower the Consulting Engineer to issue instructions to such staff in relation to
the Project or the Works and shall stipulate that staff so employed shall in no
circumstances take or act upon instructions in connection with the Project or the Works
other than those given by the Consulting Engineer.
5.6
Where duties are performed by Site Staff employed other than by the Consulting
Engineer, the Consulting Engineer shall not be responsible for any failure on the part of
such staff to properly comply with any instructions given by the Consulting Engineer.
5.7
Facilities and Arrangements for Site Staff

The Client shall be responsible for the cost and provision of such local office
accommodation, furniture, telephones, internet, postage and facsimile apparatus and
other office equipment, protective clothing and transport as shall reasonably be required
for the use of Site Staff and for the reasonable running costs of such necessary local office
accommodation and other facilities, including those of stationery, telephone and facsimile
charges, and postage.
Unless agreed between the Client and the Consulting Engineer that the Client shall
arrange for such facilities, the Consulting Engineer shall arrange, whether through
Contractors or otherwise, for the provision of such local office accommodation and other
facilities.
5.8
Where a clerk of works nominated by the client or his representative is charged with the
supervision of the Works on site, in respect of the engineer Works, the Client shall ensure
that such clerk of works shall take instructions solely from the Consulting Engineer, who
shall inform the client or his representative of all such instructions,
5.9
Where any supervision including duties as listed under Clause 1.4 of appendix A is
performed other than by staff appointed by the Consulting Engineer as per Clause 5.8
above, the Consulting Engineer shall not be responsible for any failure on the part of such
staff properly to comply with any instructions given by the Consulting Engineer.
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6.0
COMMENCEMENT, TERMINATION, POSTPONEMENT, DISRUPTION

AND DELAY
6.1
Duration of Appointment
Notwithstanding the date stated in the Form of Agreement, the effective date of the
appointment of the Consulting Engineer shall be the date upon which the Form of
Agreement was executed by the parties or the date when the Consulting Engineer shall
have first commenced performance of the Services, whichever is the earlier.
Unless terminated, the appointment of the Consulting Engineer shall be concluded when
the Consulting Engineer has performed the Services required under this Agreement.
6.2
Termination by the Client

The Client may terminate the appointment of the Consulting Engineer at any time by
giving thirty (30) days Notice in respect of all or any part of the Services.
6.3
Postponement and abandonment by the client

The Client may at any time by Notice require the Consulting Engineer to postpone the
performance of all or any part of the Services. This may result from the decision of the
client to postpone or abandon all or any part of the works.
On Notice of postponement of all or any part of the Services the Consulting Engineer shall
cease such postponed or abandoned Services in an orderly and economical manner
compatible with a possible order to restart.
If the postponement of the performance of all or any part of the Services exceeds twelve
months in aggregate the Consulting Engineer may by giving thirty (30) days Notice treat
the Project or the Works or that part of the Project or the Works as having been
abandoned and the appointment of the Consulting Engineer in respect of all or any part of
the Services affected shall be automatically terminated.
6.4
Termination by the Client following Breach of this Agreement by the

Consulting Engineer
In the event of a breach of this Agreement by the Consulting Engineer the Client may give
thirty (30) days Notice of his intention to terminate the appointment of the Consulting
Engineer setting out the acts or omissions of the Consulting Engineer relied upon as
evidence of such breach.
If the Consulting Engineer does not, to the reasonable
satisfaction of the Client, take expeditious steps to repair the breach during the notice
period the Client may forthwith on the expiry of the notice period determine the
appointment of the Consulting Engineer.
6.5
Suspension or termination by the Consulting Engineer

Upon the occurrence of any circumstance beyond the control of the Consulting Engineer
which is such as to prevent or significantly impede the performance by the Consulting
Engineer of the Services under this Agreement, the Consulting Engineer may without
prejudice to any other remedy and upon not less than thirty (30) days Notice suspend for
a period of up to one eighty (180) days the performance of the Services under this
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Agreement in respect of all or such part or parts of the Project or the Works as are
affected and at the expiry of the said period of suspension either continue with the
performance of the Services under this Agreement or if he is still prevented from
performing such Services for reasons beyond his control determine his appointment
forthwith by a further Notice of twenty eight (28) days in respect of all or any part of the
Services affected.
In the event of a breach of this Agreement by the Client the Consulting Engineer may give
twenty eight (28) days Notice of his intention to determine the appointment of the
Consulting Engineer setting out the acts or omissions of the Client relied upon as evidence
of such breach. If the Client does not, to the reasonable satisfaction of the Consulting
Engineer, take expeditious steps to repair the breach during the notice period the
Consulting Engineer may forthwith on the expiry of the notice period determine the
appointment of the Consulting Engineer by a further fourteen (14) day Notice.
Notwithstanding the foregoing, in the event of the failure of the Client to make any
payment properly due to the Consulting Engineer in accordance with the provisions of
Clause 6 of these Conditions, the Consulting Engineer may, upon not less than twenty
eight (28) days Notice, determine his appointment.
6.6
Insolvency
The appointment of the Consulting Engineer may be terminated in the event of the
Insolvency of either party. Notice of termination must be given to the party which is
insolvent by the other party.
6.7
Accrued Rights
Termination of the Consulting Engineers appointment under this Agreement shall not
prejudice or affect the accrued rights or claims of either party to this Agreement.
6.8
Assignment Of The Contract

The Consulting Engineer shall not, without the prior written consent of the Client,
assign the Contract or any part thereof, or any benefit or interest there under, except
in the following Cases:-
(a)
(b)
By a charge in favour of the Consulting Engineer's bankers of any monies due

or to become due under the Contract; or
By assignment to the Consulting Engineer's insurers of his right to obtain relief
against any other person liable in cases where the insurers have discharged
the Consulting Engineer's loss or liability
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7.0
PAYMENTS
7.1
Alternative Methods of Payment
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In respect of Normal Services provided by the Consulting Engineer under Clause 3.1 of
these Conditions, the Client shall pay the Consulting Engineer according to one or more of
the following methods as specified in Appendix B.
(a)
Time based fees
(b)
Lump Sum fees
(c)
Ad-valorem (percentage) fees
7.1.1 Time Charges

When the Project cost cannot be estimated in advance, the Client shall remunerate the
Consulting Engineer on the basis of time charge for staff actually employed on the Project.
Unless otherwise agreed between the Client and Consulting Engineer the applicable rates
are those given in the scale of charges set by the Engineers Board of Kenya
7.1.2 Fixed Contract/Lump Sum Fees

The sum payable by the Client to the Consulting Engineer shall be the Lump Sum to be
decided and confirmed in advance by negotiation or tender between the two parties,
depending on the nature of the Project.
Lump Sums may be broken down into
components applicable to particular duties or stages of work.
7.1.3 Percentage Fees

The fees payable by the Client to the Consulting Engineer shall be calculated as agreed
percentages of the cost of the Project or cost of the Works and the amount payable,
therefore, shall vary with changes in the construction cost. Unless otherwise agreed
between the Client and Consulting Engineer, the standardized Percentage Fee rates given
in the scale of charges set by the Engineers Board of Kenya shall apply.
7.2
Payment for Additional Services

In respect of Additional Services provided by the Consulting Engineer under Clause 3.1 of
these Conditions, the Client shall pay the Consulting Engineer on the basis of time
charges as set out in Clause 7.1.1 of these Conditions or as otherwise agreed between the
Client and Consulting Engineer.
7.3
Payment for the Use of Special Equipment

Where the Client has agreed to pay the Consulting Engineer for his Services and the
Consulting Engineer decides to use special equipment in carrying out any additional
services or is expressly required by the Client to use special equipment in the carrying out
of his Services, the Client shall, unless otherwise agreed between the Client and the
Consulting Engineer, pay the Consulting Engineer:a)
for the time spent in connection with the use of special equipment, including the
development and writing of programmes and the operation of the equipment in
trial and final runs, in accordance with scale of charges set by the Engineers Board
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of Kenya, or as otherwise agreed between the Client and the Consulting Engineer,
and
b)
7.4
a reasonable charge for the use of equipment, which charge shall be agreed
between the Client and the Consulting Engineer before the work is put in hand.
Payment for Site Supervision

In addition to any other payment to be made by the Client to the Consulting Engineer
under this Agreement the Client shall pay the Consulting Engineer for all Site Staff
employed by the Consulting Engineer pursuant to Clause 5 of these Conditions.
Unless otherwise agreed, payment for Site Staff shall be on a time basis and at the rate
or rates for technical staff seconded to site in accordance with the scale of charges set by
the Engineers Board of Kenya. Where Site Staff are employed on site on a part time basis
or full time for a period of less than sixty (60) days duration, the rates for office based
technical staff given in the scale of charges set by the Engineers Board of Kenya shall
apply.
Notwithstanding the foregoing, the Client and the Consulting Engineer may agree upon
inclusive monthly or other rates to be paid by the Client to the Consulting Engineer for
each member of site staff employed by the Consulting Engineer.
7.5
Reimbursable Expenses
7.5.1 The Client shall in all cases reimburse the Consulting Engineer in respect of all the
Consulting Engineers disbursements properly made in connection with:a)
Printing, reproduction and purchase of all documents, drawings, maps, records and
photographs.
b)
Communication (fax, telephone calls, internet connections charges, etc)
c)
Postage and similar delivery charges
d)
Traveling, hotel expenses and other similar disbursements.
e)
Advertising for tenders and site staff.
f)
Site meetings, visits and inspections.
7.5.2 The Client, by agreement with the Consulting Engineer and in satisfaction of his liability to
the Consulting Engineer in respect of these disbursements, may make to the Consulting
Engineer a lump sum payment or as tabulated in appendix C.
7.6
Payment for Variation or Disruption of Consulting Engineers Work
7.6.1 If the Consulting Engineer has to carry out additional work and/or suffers disruption in the
performance of the Services because the Project or Works or Brief is or are varied by the
Client, or because of any delay by the Client in fulfilling his obligations under Clause 4.2,
4.3 or 4.4 of these Conditions, or in taking any other step necessary for the execution of
the Project or the Works, or because the Consulting Engineer is delayed by others (or by
particular events which were not reasonably foreseeable), or because the Project or the
Works is damaged or destroyed, or for other reasons beyond the control of the Consulting
Engineer, the Client shall make an additional payment to the Consulting Engineer in
respect of the additional work carried out and additional resources employed (unless and
to the extent that the additional work has been occasioned by the failure of the Consulting
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Engineer to exercise reasonable skill, care and diligence) and/or the disruption suffered.
Unless otherwise agreed between the Client and Consulting Engineer, this additional
payment shall be on the basis of time based fees in accordance with the scale of charges
set by the Engineers Board of Kenya.
The Consulting Engineer shall advise the Client when he becomes aware that any such
additional work will be required and shall, if so requested by the Client, give an initial
estimate of the additional payment likely to be incurred. Where the Client requests that
payment for such additional work is to be in the form of lump sums, these lump sums
should be agreed by the parties prior to the additional work being commenced.
For the avoidance of doubt, it is hereby agreed that if the Consulting Engineer carries out
any work which subsequently becomes nugatory, the Client shall (unless otherwise
agreed) pay the Consulting Engineer therefore on the basis of time based fees in
accordance with the scale of charges set by the Engineers Board of Kenya.
7.6.2 Where in the Consulting Engineers opinion the Clients instruction necessitates a
fundamental redesign of the part or parts of the Works affected by the instruction such
that designs, specifications, drawings and other documents prepared by the Consulting
Engineer cannot be modified or revised to take account thereof or where the modification
or revision instructed by the Client results in a reduction in the cost of the part or parts of
the Works affected thereby as contained in the Consulting Engineers most recent
estimate by 10% or more, then such part or parts shall be deemed to have been
abandoned and the Consulting Engineer shall be paid therefore in accordance with Clause
7.1 of these Conditions and this payment shall also include any appropriate
reimbursements in accordance with Clause 7.5 of these Conditions.
7.6.3 The Consulting Engineer shall carry out such further work and shall produce such further
designs, specifications, drawings and other documents as may be necessary to comply
with the Clients instructions and the Consulting Engineer shall be paid therefore in
accordance with the Provisions of this Agreement.
7.6.4 Should there be a need to redesign part or parts of the project or Works due to a fault or
negligence of the Consulting Engineer, he shall perform the extra services to remedy the
fault at his own expense.
7.7
Payment Following Termination Or Suspension By The Client
7.7.1 Upon a termination-or suspension by the Client in pursuance of Clause 6.2 and 6.3, the
Client shall pay to the Consulting Engineer the sum specified in (a), (b) and (c) below less
the amount of payments previously made to the Consulting Engineer under the terms of
this Agreement.
(a) A fair and reasonable proportion of the sum which would have been payable to the
Consulting Engineer under Clause 6 if no such termination or suspension has taken
place. In the assessment of such proportion, the services carried out by the Consulting
Engineer up to date of termination or suspension and in pursuance with Clauses 6.2
and 6.3 shall be compared with reasonable assessment of the services which the
Consulting Engineer would have carried out but for the termination or suspension. In
any case in which it is necessary to assess the payments to be made to the Consulting
Engineer in accordance with this sub-clause by reference to the cost of the Works,
then to the extent that such cost is not known the assessment shall be made upon the
basis of the Consulting Engineer's best estimates of cost.
(b) Amounts due to the Consulting Engineer under any other clauses of this Agreement
(c) A disruption charge equal to one-sixth of the difference between the sum of which
would have been payable to the Consulting Engineer under Clause 6 but for the
termination or suspension, and the sum payable under (a).
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7.7.2 In any case in which the Client has required the Consulting Engineer to suspend the
carrying out of the Consulting Engineer's duties in pursuance of Clauses 6.2 or 6.3
hereof, the Client may, at any time within the period of 12 months from the date of
the Client's notice, require the Consulting Engineer in writing to resume the
performance of such duties. In such event:
(a) the Consulting Engineer shall within a reasonable time of receipt by him of the
Client's said requirement in writing resume the performance of his duties in
accordance with this Agreement, the payment made under Clause 7.7.1(a) or
7.7.1(b) as the case may be ranking as payment on account towards the total
sum payable to the Consulting Engineer under Clause 6 but,
(b) notwithstanding such resumption, the Consulting Engineer shall be entitled to
retain or receive as an additional payment due in accordance with this Agreement
the disruption charge referred to in Clause 7.7.1(c) or 7.7.2.(b) as the case may
be.
7.7.3 If the Consulting Engineer shall need to perform any additional duties in connection
with the resumption of his duties in accordance with Clause 6 the Client shall pay the
Consulting Engineer in respect of the performance of such additional duties in
accordance with the Scale of Charges set out in Clause 7 and any appropriate
reimbursements in accordance with Clause 7.5.
7.8
Payment Following Termination By The Consulting Engineer

Upon a termination by the Consulting Engineer in pursuance of Clause 6.5 the Client
shall pay the Consulting Engineer the sums specified in Clause 7.7.1(a) and (b) less
the amount of payments previously made to the Consulting Engineer under the terms
of this Agreement. Upon the payment of such sums, the Consulting Engineer shall
deliver to the Client such completed drawings, specifications and other similar
documents relevant to the Works as are in his possession. The Consulting Engineer
shall be permitted to retain copies of any documents so delivered to the Client.
The provisions of this Clause are without prejudice to any other rights and remedies
which the Consulting Engineer may possess.
7.9
Payments For Bills Of Quantities (Building Works)
The following shall be charges to be made to the consulting engineer for bills of
quantities:
1)
Taking out and preparing of bills of quantities

a. New works 2 % of the cost of the works.
b. Existing works 3 % of the cost of the works.
2)
Measuring and making up accounts of variations upon contracts, including

pricing and agreeing totals with contracts/subcontracts
a. 3% of the gross amount of addition.
b. 1 of the gross amount of omission less the total of the provisional sums
omitted or work omitted as a whole.
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3)
Measuring from drawings and specifications and preparing bills of quantities of

labour only or materials only the fee shall be double the forgoing rates.
4)
Taking out and preparing bills of quantities or measuring for and making up
accounts for decoration contracts:- 2% above the rates of the foregoing paragraphs.
5)
Pricing of bills of quantities:- 1/2% of the cost of the works.
6)
Preparing approximate quantities and estimating upon the same:- % of the cost
of the works.
7)
Surveying work in progress, taking particulars and reporting for interim payments: % upon each valuation less the amount of any previous valuations upon which
fees shall have been paid.
8)
Taking particulars on site and writing specifications for works of alteration of repair:7 % of the cost of the works
9)
Measuring from completed works and preparing bills of quantities:

3% of the cost of works.
10) Preparing a full cost analysis % of the cost of the works.

11) Giving information to the profession to enable him incorporate the engineering
services quantities in the main bills of quantities:- 1 % of the cost of works.
7.10
Contested Invoices
If any part of any invoice submitted by the Consulting Engineer is contested, payment
shall be made in full of all that is not contested.
7.11
Time for Payment

All amounts due to the Consulting Engineer in accordance with this Agreement shall be
paid within 30 days of the date of the Consulting Engineers invoice. Interest shall be
added to all amounts remaining unpaid thereafter (including any amounts of any
contested invoices remaining unpaid under Clause 7.8 of these Conditions to the extent
that they or it shall subsequently be agreed or determined to have been due to the
Consulting Engineer). Interest shall be charged at the prevailing mean annual commercial
rate of lending plus one percent on all overdue payments.
7.12
Re-Use of Plans and Specifications

Remuneration for services that adapt plans and specifications from one existing project to
another similar or identical project at a different site for the same client is a royalty of 1%
of the new construction cost plus additional fees for whatever extra work is required.
7.13
Alternative Designs
When the consulting engineer is required to complete designs on one or more alternative
methods of construction or installation for the purpose of tendering, the fee is based on
the tender price of the accepted alternative plus charges for extra work required as in
Method 1.
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7.14
Disbursements
Unless otherwise agreed between the consulting engineer and client and properly
reflected in the fee, separate charges are made for disbursements borne by the consulting
engineer. Disbursements are subject to handling charges and include:
Reproduction of information, drawings and documents
Use of messenger and courier services
Electronic transmission of documentation
Long distance telephone calls, fax and telex messages
Travel and living expenses for personnel when authorized by the client
Advertising on behalf of the client
Use of specialist consultants approved by the client
Use of specialized equipment such as survey, computer aided design and drafting
equipment
The cost of any insurance that the consulting engineer is required by the client to
carry and that would not otherwise be carried
Any other expenses incurred that are not contemplated in the normal fee
7.15
Taxes
Any and all taxes, recoverable or not by the client, are additional and are applicable to
fees and disbursements
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8.0
OWNERSHIP OF DOCUMENTS AND COPYRIGHT
8.1
Copyright
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The copyright in all drawings, reports, specifications, bills of quantities, calculations and
other documents and information prepared by or on behalf of the Consulting Engineer in
connection with the Project or the Works for delivery to the Client shall remain vested in
the Consulting Engineer but, subject to the Consulting Engineer having received payment
of all fees and disbursements agreed as due under this Agreement, the Client shall have a
license to copy and use such drawings and other documents and information for any
purpose related to the Project or the Works including, but without limitation, the
construction, completion, maintenance, letting, promotion, advertisement, refurbishment
and repair of the Project or the Works as the case may be. Such licence shall enable the
Client to copy and use the drawings and other documents and information for the
extension of the Project or the Works but such use shall not include a license to reproduce
the designs contained therein for any extension of the Project or the Works. Save as
above, the Client shall not make copies of such drawings or other documents or
information nor shall he use the same in connection with any other works without the
prior written approval of the Consulting Engineer, which shall not unreasonably be
withheld, and upon such terms as may be agreed between the Client and the Consulting
Engineer.
The Consulting Engineer shall not be liable for use by any person of any drawings,
reports, specifications, or other documents or information for any purpose other than that
for which the same were prepared by or on behalf of the Consulting Engineer.
8.2
Publication by the Consulting Engineer

The Consulting Engineer shall not, without the written consent of the Client, publish alone
or in conjunction with any other person any articles, photographs or other illustrations
relating to the Project.
The Consulting Engineer shall not disclose to any person any information provided by the
Client unless so authorized by the Client.
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9.0
INSURANCE FOR EQUIPMENT, LIABILITY AND PROFESSIONAL

INDEMNITY
9.1
Insurance
Unless notice to the contrary is given in writing by the Client, the Consulting Engineer
shall, at the Clients expense, take out and maintain, on terms and conditions approved
by the Client, insurance against loss or damage to equipment being used by the
Consulting Engineer for the project or the Works.
9.2
Liability
Notwithstanding anything to the contrary contained elsewhere in these Conditions the
total liability of the Consulting Engineer, whether in contract or in tort, in negligence or for
breach of statutory duty or otherwise for any claim shall be limited to the total fees
received. The Consulting Engineer has no liability whatsoever for any part of the Works
not designed by him nor for any damage resulting from any act of the Client, the
Contractors or the suppliers which is not covered by the scope of services of the
Consulting Engineer.
9.3
Professional Indemnity Insurance

The Consulting Engineer shall maintain, at his own cost, reasonable professional liability
coverage for any one occurrence or series of occurrences arising out of this consultancy
engagement for the entire duration of the Project or Works, provided always that such
insurance is available at commercially reasonable rates. The Consulting Engineer shall
immediately inform the Client if such insurance ceases to be available on the terms
required by this Condition at commercially reasonable rates in order that the Client and
the Consulting Engineer can discuss means of best protecting the respective positions of
the Client and the Consulting Engineer in the absence of such insurance.
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10.0 DISPUTES AND DIFFERENCES

10.1
Mediation or Conciliation
The relationship between the parties to this Agreement is that of client and professional
adviser in which both parties recognize that the Project and the Works are most likely to
be successfully achieved if the Client and the Consulting Engineer co-operate fully. Every
effort shall be made by both parties to resolve any difference between them amicably but
if this appears impossible the parties shall seek the assistance of a Mediator or Conciliator
to attempt to resolve such difference as quickly and amicably as possible.
The parties shall not resort to adjudication or arbitration (save in the case where
arbitration arises out of the dissatisfaction of either party with any decision of an
Adjudicator) in accordance with these Conditions unless informal attempts to reach a
settlement by way of mediation under these Conditions have been unsuccessful.
If no settlement has been reached within fourty two (42) days of the first appointment of
or attempt to appoint a Mediator the mediation shall be deemed to have been
unsuccessful.
If a difference should arise between the Consulting Engineer and the Client in connection
with or arising out of this Agreement and the mediation required under the terms of these
Conditions shall have been unsuccessful, it shall be deemed a dispute. Should such a
dispute arise prior to completion or alleged completion or abandonment of the Project or
the Works or determination of the appointment of the Consulting Engineer it shall be
settled in accordance with Clauses 10.2 and 10.3 of these Conditions.
10.2
Adjudication
The parties shall refer the dispute to an Adjudicator who shall be an independent person
to be agreed between the parties or, failing agreement, appointed at the request of either
party by the institution of engineers of Kenya. The Adjudicator shall act as an expert and
be entitled to request either party to provide oral or written statements, documents and
information and shall fix the timetable for the provision of such statements, documents
and information and for the adjudication. He shall give written notice of his decision to
both parties within such period as may be agreed or, failing agreement, as determined by
the Adjudicator.
The decision of the Adjudicator shall be final and binding on both parties until completion
or alleged completion or abandonment of the Project or the Works or the determination of
the appointment of the Consulting Engineer as the case may be.
10.3
Arbitration
If a dispute should arise between the Consulting Engineer and the Client
following completion or alleged completion or abandonment of the Project or the Works
or the determination of the appointment of the Consulting Engineer or out of any
contested invoice or any determination of the appointment of the Consulting Engineer
under Clauses 10.4 or 10.5 of these Conditions or should either party be dissatisfied with
any decision of an Adjudicator, the dispute shall be referred to the arbitration of a person
to be agreed between the parties to act as arbitrator, or failing agreement within one
month of a Notice by either party to the other requesting agreement to an arbitrator
appointed by the Institution of Engineers of Kenya.
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10.4
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Subsequent Proceedings
Records of evidence given and opinions expressed in mediation and adjudication
proceedings in respect of any difference or dispute in connection with the Project or the
Works shall not be admissible as evidence in any subsequent proceedings solely on the
grounds that they were included in such records. Nevertheless, facts once established
and agreed upon by the parties may be recorded and then accepted in later proceedings.
No person appointed as Mediator or Adjudicator in respect of any difference or dispute in
connection with the Project or the Works may be called to give witness thereon in any
subsequent proceedings.
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11.0 NOTICES
Any Notice to be given by the Client under this Agreement shall be deemed to be duly
given if it is in writing and delivered by hand at or sent by courier or email to the
Consulting Engineer at the address of the Consulting Engineer as shown on the
Memorandum of Agreement. Any Notice to be given by the Consulting Engineer shall be
deemed to be duly given if it is in writing and delivered by hand at or sent by courier to
the Client at the address of the Client as shown on the Memorandum of Agreement and as
received.Emails shall be deemed to be duly received on acknowledgement of receipt.
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12.0 GUIDELINE SCOPE OF SERVICES OF THE CONSULTING ENGINEER

This section describes broadly the services to be performed by the Consulting Engineer at
all stages of the Project or Works. These services shall comprise Normal Services and, as
required, Additional Services as described below.
12.1
Planning, Studies, Investigations and Assessments

These typical services relate to carrying out studies and investigations as well as the
preparation and submission of reports embodying preliminary proposals or initial
feasibility studies and will normally be remunerated on a time and cost basis:
1. Consultation with the client or client's authorized representative.
2. inspection of the site of the project
3. Preliminary investigation, route location, planning and a level of design appropriate
to allow decisions on feasibility.
4. Consultation with authorities having rights or powers of sanction as well as
consultation with the public and stakeholder groups.
5. Advice to the client as to regulatory and statutory requirements, including environmental
management and the need for surveys, analyses, tests and site or other investigations, as
well as approvals, where such are required for the completion of the report, and arranging
for these to be carried out at the client's expense.
6. Searching for, obtaining, investigating and collating available data, drawings and
plans relating to the works.
7. Investigating financial and economic implications relating to the proposals or feasibility
studies.
Deliverables will typically include:
Collation of information.
Reports on technical and financial feasibility and related implications.
List of consents and approvals.
Schedule of required surveys, tests, analyses, site and other investigations.
12.2 Normal Services

These services are applicable to projects where the nature, form and function of the
facility has been defined through previous investigations and reports and the engineering
services are required to take the project through to successful completion of construction.
12.2.1 Stage 1 Inception
(Defined as: Establish client requirements and preferences, assess user needs and
options, appointment of necessary consultants, establish the project brief including
project objectives, priorities, constraints, assumptions aspirations and strategies)
1. Assist in developing a clear project brief.
2. Attend project initiation meetings.
3. Advise on procurement policy for the project.
4. Advise on the rights, constraints, consents and approvals.
5. Define the scope of services and scope of work required.
6. Conclude the terms of the agreement with the client.
7. Inspect the site and advise on the necessary surveys, analyses, tests and site or other
investigations where such information will be required for Stage 2 including the
availability and location of infrastructure and services.
8. Determine the availability of data, drawings and plans relating to the project.
9. Advise on criteria that could influence the project life cycle cost significantly.
10. Provide necessary information within the agreed scope of the project to other
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consultants involved.
Deliverables will typically include:

Agreed scope of services and scope of work.
Signed agreement.
Report on project, site and functional requirements.
Schedule of required surveys, tests, analyses, site and other investigations.
Schedule of consents and approvals.
12.2.2 Stage 2 Concept and Viability (Often called Preliminary Design)

(Defined as: Prepare and finalise the project concept in accordance with the brief,
including project scope, scale, character, form and function, plus preliminary programme
and viability of the project)
1. Agree documentation programme with principal consultant and other consultants
involved.
2. Attend design and consultants' meetings.
3. Establish the concept design criteria.
4. Prepare initial concept design and related documentation.
5. Advise the client regarding further surveys, analyses, tests and investigations
which may be required.
6. Establish regulatory authorities' requirements and incorporate into the design.
7. Refine and assess the concept design to ensure conformance with all regulatory
requirements and consents.
8. Establish access, utilities, services and connections required for the design.
9. Coordinate design interfaces with other consultants involved.
10. Prepare process designs (where required), preliminary designs, and related
documentation for approval by authorities and client and suitable for costing.
11. Provide cost estimates and life cycle costs as required.
12. Liaise, co-operate and provide necessary information to the client, principal
consultant and other consultants involved.
Typical deliverables will include:
Concept design.
Schedule of required surveys, tests and other investigations and related reports.
Process design.
Preliminary design.
Cost estimates as required.
12.2.3 Stage 3 Design Development (also termed Detail Design)
(Defined as: Develop the approved concept to finalise the design, outline specifications,
cost plan, financial viability and programme for the project)
Review documentation programme with principal consultant and other consultants
involved.
2. Incorporate client's and authorities' detailed requirements into the design.
3. Incorporate other consultant's designs and requirements into the design.
4. Prepare design development drawings including draft technical details and
specifications.
5. Review and evaluate design and outline specification and exercise cost control.
6. Prepare detailed estimates of construction cost.
7. Liaise, co-operate and provide necessary information to the principal consultant and other
consultants involved.
8. Submit the necessary design documentation to local and other authorities for approval.
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Design development drawings.
Outline specifications.
Local and other authority submission drawings and reports.
Detailed estimates of construction costs.
12.2.4 Stage 4 Documentation and Procurement
(Defined as: Prepare procurement and construction documentation, confirm and
implement the procurement strategies and procedures for effective and timeous
procurement of necessary resources for execution of the project.)
2. Prepare specifications and preambles for the works.
3. Accommodate services design.
4. Check cost estimates and adjust designs and documents if necessary to remain within
budget.
5. Formulate the procurement strategy for contractors or assist the principal consultant
where relevant.
6. Prepare documentation for contractor procurement.
7. Review designs, drawings and schedules for compliance with approved budget.
8. Assist in calling for tenders and/or negotiation of prices and/or assist the principal
consultant where relevant.
9. Liaise, co-operate and provide necessary information to the principal consultant and the
other consultants as required.
10. Assist in the evaluation of tenders.
11. Assist with the preparation of contract documentation for signature.
12. Assess samples and products for compliance and design intent.
Typical
deliverables will include:

Specifications.
Services co-ordination.
Working drawings.
Budget construction cost.
Tender documentation.
Tender evaluation report.
Tender recommendations.
Priced contract documentation.
12.2.5 Stage 5 Contract Administration and Inspection

(Defined as: Manage, administer and monitor the construction contracts and processes
including preparation and coordination of procedures and documentation to facilitate
practical completion of the works)
1. Attend site handover.
2. Issue construction documentation in accordance with the documentation schedule
including, in the case of structural engineering, reinforcing bending schedules and
and detailing and specifications of structural steel sections and connections.
3. Carry out contract administration procedures in terms of the contract.
4. Prepare schedules of predicted cash flow.
5. Prepare pro-active estimates of proposed variations for client decision making.
6. Attend regular site, technical and progress meetings.
7. Inspect works for conformity to contract documentation.
8. Adjudicate and resolve financial claims by contractor(s).
9. Assist in the resolution of contractual claims by the contractor.
10. Establish and maintain a financial control system.
11. Clarify details and descriptions during construction as required.
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12. Prepare valuations for payment certificates to be issued by the principal agent.
13. Witness and review of all tests and mock ups carried out both on and off site.
14. Check and approve contractor drawings for design intent.
15. Update and issue drawings register.
16. Issue contract instructions as and when required.
17. Review and comment on operation and maintenance manuals, guarantee
certificates and warranties.
18. Inspect the works and issue practical completion and defects lists.
19. Arranging for the delivery of all test certificates, including the Electrical Certificate of
Compliance, statutory and other approvals, as built drawings and operating manuals .
Schedules of predicted cash flow.
Construction documentation.
Drawing register.
Estimates for proposed variations.
Contract instructions.
Financial control reports.
Valuations for payment certificates.
Progressive and draft final account(s)
Practical completion and defects list
Electrical Certificate of Compliance
Where a quantity surveyor is included in the project team in building works, items
4,5,8,10 and 12 and related deliverables will not be required from the engineer.
12.2.6 Stage 6 Close-Out
(Defined as: Fulfil and complete the project close-out including necessary documentation
to facilitate effective completion, handover and operation of the project)
1. Inspect and verify the rectification of defects
2. Receive, comment and approve relevant payment valuations and completion certificates
3. Prepare and/or procure operations and maintenance manuals, guarantees and
warranties.
4. Prepare and/or procure as-built drawings and documentation
5. Conclude the final accounts where relevant.
Valuations for payment certificates
Works and final completion lists
Operations and maintenance manuals, guarantees and warranties
As-built drawings and documentation
Final accounts
12.3
Additional Services
The following services are additional to the normal services provided by the consulting
engineer, unless specifically agreed otherwise between the consulting engineer and the
client. The agreement on the scope of services and remuneration shall be in writing and
should, if at all possible, be concluded before such services are rendered.
12.3.1 Additional Services pertaining to all Stages of the Project

1. All services related to defining the scope of work, previously carried out under the
report stage and that was normally paid for on a time and cost basis.
2. Enquiries not directly concerned with the works and its subsequent utilisation.
3. Valuation for purchase, sale or leasing of plant, equipment, material, systems, land or
buildings or arranging for such valuation.
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4. Making arrangements for way leaves, servitudes or expropriations.

5. Negotiating and arranging for the provision or diversion of services not forming part of
the works.
6. Additional work in obtaining the formal approval of the appropriate Government
Departments or Public Authorities, including the making of such revisions as may be required
as a result of decisions of such Departments or Authorities arising out of changes in policy,
undue delay, or other causes beyond the consulting engineer's control.
7. Topographical and environmental surveys, analyses, tests and site or foundation or
other investigations, model tests, laboratory tests and analyses carried out on behalf
of the client.
8. Setting out or staking out the works and indicating any boundary beacons and other
reference marks.
9. Preparation of drawings for manufacture and installation or detailed checking of such
for erection or installation fit.
10. Detailed inspection, reviewing and checking of designs and drawings not prepared by the
consulting engineer and submitted by any contractor or potential contractor as alternative to
those embodied in tender or similar documents prepared by the consulting engineer.
11. Inspection and testing, other than on site, of materials and plant, including inspection
and testing during manufacture.
12. Preparing and setting out particulars and calculations in a form required by any
relevant authority.
13. Abnormal additional services by or costs to the consulting engineer due to the failure of a
contractor or others to perform their required duties adequately and timely.
14. Executing or arranging for the periodic monitoring and adjustment of the works, after
final handover and completion of construction and commissioning, in order to optimise
or maintain proper functioning of any process or system.
15. Investigating or reporting on tariffs or charges leviable by or to the client.
16. Advance ordering or reservation of materials and obtaining licenses and permits.
17. Preparing detailed operating, operation and maintenance manuals.
18. Additional services, duties and/or work resulting from project scope changes, alterations
and/or instructions by the client, or his duly authorized agents, requiring the consulting
engineer to advice upon, review, adapt and/or alter his completed designs and/or any other
documentation and/or change the scope of his services and/or duties. Such additional
services are subject to agreement in writing between the consulting engineer and the client
prior to the execution thereof.
19. Work and or services related to targeted procurement that could entail, but is not
necessarily limited to any or all of the following:
incorporation of any targeted participation goals,
the measuring of key participation indicators,
the selection, appointment and administration of participation and;
auditing compliance to the above by any contractors and/or professional consultant.
20. Exceptional arrangements, communication, facilitation and agreements with any
stakeholders other than the client and contractors appointed for the works on which
the consulting engineer provides services.
21. Any other additional services, of whatever nature, specifically agreed to in writing
between the consulting engineer and the client.
12.3.2 Construction Monitoring
1. If the construction monitoring, is deemed to be insufficient by the consulting engineer,
the consulting engineer may, with prior written approval having been obtained from the
client, appoint or make available additional staff for such construction monitoring as are
necessary to undertake additional construction monitoring on site to the extent
specifically defined and agreed with the client. The functions in respect of additional
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2.
3.
4.
5.
6.
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construction monitoring are to be limited to detailed inspections and exclude those

mentioned under clause 12.2.5.
Alternatively, the client may appoint or make available staff, as intended in clause (1),
subject to approval by the consulting engineer.
Staff, as intended in clauses (1)and (2), shall report to and take instructions from the
consulting engineer or an authorized representative of the consulting engineer only and
shall be deemed to be in the employ of the consulting engineer.
Should any change regarding the persons utilized for additional on-site monitoring or their
remuneration be necessary, the utilization of such persons and/or their remuneration
must be agreed in writing with the client prior to the implementation thereof.
If, for any reason, no additional staff or inadequate staff for construction monitoring is
appointed, the consulting engineer shall provide additional services, including additional site
visits, as required and agreed to in writing with the client prior to commencement thereof.
The duties of the consulting engineer for the following four defined levels of construction
monitoring, respectively, are as follows:
(a) Level 1:
The construction monitoring staff shall:o Monitor the outputs from another party's quality assurance programme against the
requirements of the plans and specifications.
o Visit the works at a frequency agreed with the client to review important
materials, critical work procedures and/or completed elements or components.
Be available to advise the contractor on the technical interpretation of the
plans and specifications.
(b) Level 2:
The construction monitoring staff shall: Review, preferably at the earliest opportunity, a sample of each important work
procedure, construction material for compliance with the requirements of the
plans and specifications and review representative samples of important
completed work prior to enclosure or completion as appropriate.
Visit the works at a frequency agreed with the client to review important
materials, critical work procedures and/or completed elements or
components.
Be available to provide the contractor with technical interpretation of the
(c) Level 3:
Monitoring staff shall:
Maintain a part-time presence on site as agreed with the client to review random
samples and review important completed work prior to enclosure or on
completion as appropriate.
Where the consulting engineer is the sole consultant or principal agent,
carry out such administration of the project as is necessary on behalf of the
client.
(d) Level 4:
The construction monitoring staff shall: Maintai n a full time presence on si te to constantly review Work
procedures Construction materials for compliance with the requirements of
the plans and specifications and review completed work prior to enclosure or on
completion as appropriate.
Where the consulting engineer is the sole consultant or principal agent,
carry out such administration of the project as is necessary on behalf of
the client.
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12.3.3 Occupational Health and Safety Act, Revised Edition2010 (Act No.15 of 2007)
Should the client require the consulting engineer to undertake duties falling under the
Occupational Health and Safety Act, Revised Edition 2010 (Act No.15 of 2007) and the
Construction Regulations in terms thereof, on behalf of the client, the additional services may
include the following:
(1)
The consulting engineer must arrange, formally and in writing, for the contractor to
provide documentary evidence of compliance with all the requirements of the
Occupational Health and Safety Act, Revised Edition 2010 (Act No.15 of 2007).
(2)
The consulting engineer must execute the duties of the client, as his appointed agent, as
contemplated in the Occupational Health and Safety Act, Revised Edition 2010 (Act
No.15 of 2007)
12.3.4 Quality Assurance System

Where the client requires that a quality management system or quality assurance
services, over and above construction monitoring services, be applied to the project,
these are in addition to normal services provided by the consulting engineer and to be
specifically defined and separately agreed in writing prior to commencement thereof.
12.3.5 Lead Consulting Engineer
Should the client require the consulting engineer to assume the leadership of a joint
venture, consortium or team of consulting engineers, of the same discipline, prescribed or
requested by the client, the additional services may include the following:
1. Responsibility for the overall administration of all sections of the services, including
those portions of the services, which fall within the ambit of the other consulting
engineers.
2. Responsibility for the overall co-ordination, programming of design and financial
control of all the works included in the services.
3. Processing certificates or recommendations for payment of contractors.
12.3.6 Engineering Management Services (Principal Consultant)
Should the client require the consulting engineer to undertake duties of an engineering
management nature on behalf of the client, the additional services will include the
following:
Stage
1.
2.
3.
4.
5.
6.
7.
8.
9.
1 Services
Facilitate development of a clear project brief.
Establish the procurement policy for the project.
Assist the client in the procurement of necessary and appropriate other consultants
including the clear definition of their roles and responsibilities.
Establish in conjunction with the client, other consultants and all relevant authorities,
the site characteristics, rights and constraints for the proper design of the intended
project.
Define the consultant's scope of work and services.
Conclude the terms of the agreement with the client.
Facilitate a schedule of the required consents and approvals.
Prepare, co-ordinate and monitor a project initiation programme.
Facilitate client approval of all Stage 1 documentation
Typical deliverables:
Project brief
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Stage
1.
2.
3.
4.
5.
6.
7.
8.
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Agreed scope of work

Agreed services
Project procurement policy
Signed agreements
Integrated schedule of consents and approvals.
Project initiation programme.
Record of all meetings.
2 services
Assist the client in procurement of the other consultants
Advise the client on the requirement to appoint a health and safety consultant
Communicate the project brief to the other consultants and monitor the
development of the concept and viability
Agree format and procedures for cost control and reporting by the other consultants
Prepare a documentation programme and indicative construction programme
Co-ordinate concept and viability documentation for presentation to the client for
approval
Facilitate approval of the concept and viability by the client
Facilitate approval of the concept and viability by statutory authorities
Typical deliverables
Signed consultant/client agreements.
Indicative documentation programme and construction programme.
Approval by the client to proceed to Stage 3
Stage 3 Services
1. Agree and implement communication processes and procedures for the design
development of the project
2. Assist the client in the procurement of the necessary other consultants including
the clear definition of their roles and responsibilities
3. Prepare, co-ordinate, agree and monitor a detailed design and documentation
program
4. Conduct and record consultants' and management meetings
5. Facilitate input required by health and safety consultant
6. Facilitate design reviews for compliance and cost control
7. Facilitate timeous technical co-ordination
8. Facilitate client approval of all Stage 3 documentation
Additional signed client/consultant agreements
Documentation programme
Record of all meetings
Approval by the client to proceed to Stage 4
Stage 4 services
1. Recommend and agree procurement strategy for contractors, subcontractors and
suppliers with the client and the other consultants
2. Prepare and agree the procurement programme
3. Advise the client, in conjunction with the other consultants on the appropriate
insurances
4. Co-ordinate and monitor preparation of procurement documentation by
consultants in accordance with the project procurement programme
5. Manage procurement process and recommended contractors for approval by the
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client
6. Agree the format and procedures for monitoring and control by the quantity
surveyor of the cost of the works
7. Co-ordinate and assemble the contract documentation for signature
Procurement programme
Tender/contract conditions
Record of all meetings
Obtain approval by the client of tender recommendation(s)
Contract documentation for signature
Stage
1.
2.
3.
4.
5.
6.
5 services
Arrange site handover to the contractor
Establish construction documentation issue process
Agree and monitor issue and distribution of construction documentation
Instruct the contractor on behalf of the client to appoint subcontractors
Conduct and record regular site meetings
Monitor, review and approve the preparation of the construction programme by the
contractor
7. Regularly monitor performance of the contractor against the construction
programme
8. Adjudicate entitlements that arise from changes required to the construction
programme
9. Receive, co-ordinate and monitor approval of all contract documentation provided
by contractor(s)
10. Agree quality assurance procedures and monitor implementation thereof by the
other consultants and the contractors
11. Monitor preparation and auditing of the contractor's health and safety plan and
approval thereof by the health and safety consultant
12. Monitor preparation of the environmental management plan by the environmental
consultant
13. Establish procedures for monitoring scope and cost variations
14. Monitor, review, approve and issue certificates
15. Receive, review and adjudicate any contractual claims
16. Monitor preparation of financial control reports by the other consultants
17. Prepare and submit progress reports
18. Coordinate, monitor and issue practical completion lists and the certificate of
practical completion.
19. Facilitate and expedite receipt of the occupation certificate where relevant.
Signed contracts
Approved construction programme
Construction documentation
Payment certificates
Progress reports
Record of meetings
Certificate(s) of practical completion
Stage 6 services
1. Co-ordinate and monitor rectification of defects
2. Manage procurement of operations and maintenance manuals, guarantees and
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warranties
3. Manage preparation of as-built drawings and documentation
4. Manage procurement of outstanding statutory certificates
5. Monitor, review and issue payment certificates
6. Issue completion certificates
7. Manage agreement of final account(s)
8. Prepare and present the project close-out report Typical deliverables
9. Completion certificates
10. Record of necessary meetings
11. Project close-out report
12.3.7 Mediation, Arbitration and Litigation proceedings and similar Services
Where the client requires the consulting engineer to, on his behalf, perform the services
listed hereunder or similar work, the extent thereof and remuneration therefore is subject
to agreement between the client and the consulting engineer:
1. Dealing with matters of law, obtaining parliamentary or other statutory approval,
licenses or permits.
2. Assisting with or participating in contemplated or actual mediation, arbitration or
litigation proceedings.
3. Officiating at or attending courts and commissions of enquiry, select committees
and similar bodies convened by statute, regulation or decree.
12.3.8 Principal Agent of the Client
When a consulting engineer is, in addition to his normal functions as consulting engineer,
appointed as the principal agent of the client for the purposes of procurement and
construction on a project, the consulting engineer will also be responsible for the
following:
Stage 3f services
1. Prepare, co-ordinate, agree and monitor a detailed design and documentation
programme
Stage 3 deliverables
1. Detailed design and documentation programme
Stage 4 services
1. Recommend and agree procurement strategy for contractors, subcontractors and
suppliers with the client and the other consultants
2. Prepare and agree the procurement progamme
3. Advise the client, in conjunction with the other consultants on the appropriate insurances
4. Manage procurement process and recommended contractors for approval by the client
5. Agree the format and procedures for monitoring and control by the quantity surveyor
of the cost of the works
6. Co-ordinate and assemble the contract documentation for signature
Stage 4 deliverables
Procurement programme
Tender/contract conditions
Contract documentation for signature
Stage 5 services
1. Arrange site handover to the contractor
2. Establish construction documentation issue process
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3.
4.
5.
6.
Agree and monitor issue and distribution of construction documentation

Instruct the contractor on behalf of the client to appoint subcontractors
Conduct and record regular site meetings
Review, approve and monitor the preparation of the construction programme by the
contractor
7. Regularly monitor performance of the contractor against the construction programme
8. Adjudicate entitlements that arise from charges required to the construction
programme
9. Receive, co-ordinate and monitor approval of all contract documentation provided by
contractor(s)
10. Agree quality assurance procedures and monitor implementation thereof by the other
consultants and the contractors
11. Monitor preparation and auditing of the contractor's health and safety plan and
approval thereof by the health and safety consultant
12. Monitor preparation of the environmental management plan by the environmental
consultant
13. Establish procedures for monitoring scope and cost variations
14. Monitor, review, approve and issue certificates
15. Receive, review and adjudicate any contractual claims
16. Monitor preparation of financial control reports by the other consultants
17. Prepare and submit progress reports
18. Co-ordinate, monitor and issue practical completion lists and the certificate of practical
completion
Stage
5 deliverables
Signed contracts
Approved construction programme
Construction documentation
Payment certificates
Progress reports
Record of meetings
Certificate(s) of practical completion
Facilitate and expedite receipt of occupation certificates
Stage 6 services
1. Coordinate and monitor rectification defects
2. Manage procurement of operations and maintenance manuals, guarantees and
warranties
3. Manage preparation of as-built drawings and documentation
4. Manage procurement of outstanding statutory certificates
5. Monitor, review and issue payment certificates
6. Issue completion certificates
7. Manage agreement of final account(s)
8. Prepare and present the project close out report
Stage
6 deliverables
Completion certificates
Record of necessary meetings
Project close-out report
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13.0 GUIDELINE TARIFF OF FEES

13.1
Application of Tariff of Fees

1. The guideline tariff of fees contained in this Schedule applies in respect of the
services set out in clause 1.
2. The client should remunerate the consulting engineer, for the services rendered,
on the basis of clauses 13.2 to 13.5. In cases where the client and consulting
engineer have agreed that clauses 13.2 and 13.3 are not applicable, payment
should be on the basis of clause 13.4 or as agreed according to clause (4).
3. The client shall reimburse the consulting engineer for all expenses and costs
incurred in performing his/her services, irrespective of whether fees are charged in
terms of clauses 13.2 and 13.3 or clause 13.4, as well as for all costs incurred on
behalf, and with the approval, of the client.
4. While the tariff of fees contained in this Schedule can be applied to many projects the
factors that influence the fees to be paid for design services on a project are complex
and depend on a number of contributing factors These contributing factors that should
be taken into account may include, inter alia, all or any of the following:
a) Project complexity: Projects may range from relatively simple projects where
the designs are based on well established, common practices to more complex
projects where the works call for the application of new, unusual or untried
techniques, designs, systems or applications.
b) Monetary value of the works: This may range from a situation where the value
of the work is very high relative to the services being rendered to a project
where the value of the works is abnormally low relative to the services required
from the consulting engineer.
c) Time duration: This may involve projects where the works are executed over
appreciably shorter or longer periods than would normally be expected for any
of the stages defined.
d) Level of responsibility, liability and risk: These may range from relatively low
levels of responsibility and/or risks to projects with unusually high
responsibilities and/or risks that are expected to be carried by the consulting
engineer.
e) Level of expertise, qualifications, skills and experience: Some works do not
require a high degree of expertise while other works may require more
specialized expertise or substantial skills and experience that cost more to
develop and retain.
f) Level of technology required and changes in technology that may influence the
costs of the services provided
g) Whether aspects related to labour intensive works need to be considered in the
design.
h) Level of effort: Some projects do not call for substantial effort as the works can
be designed without extensive investigations or field measurements while
others may call for unusually high effort on the part of the consulting engineer
because of, for example, research required or integration with existing works or
repairs to existing infrastructure where the status quo needs to be investigated
in considerable detail and these need to be accommodated within the design.
i)
Potential value added:

In some instances the design, no matter how
sophisticated will not add much value to the overall project while in other cases
greater design optimization can lead to considerable savings in capital,
maintenance or operations costs, or add value to the final project.

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j)
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Client Requirements: Some clients have relatively few requirements and/or

many standard details and the consulting engineer's designs are accepted at
face value. Other clients require considerable details to be investigated during
design development to satisfy their own, often complex, internal processes.
k) Business Strategy: Some firms may decide to offer a low price to enter a
market segment at a low cost or to keep employees busy while waiting for
economic upswings.
l)
Project Definition: In some projects the design concept and scope is selfevident and does not require much further investigation and analysis of
options, while in other projects the design development requires extensive
analysis and testing of various options.
5. Combinations of one or more of the above factors may result in a substantial adjustment of
the tariff that is required to fairly compensate the consulting engineer and this
adjustment factor should be negotiated in good faith by both parties.
6. Agreement on any adjustment of or special fees should be reached at the time of the
engagement of the consulting engineer or as soon after circumstances warrant such as
practically possible, but in all cases prior to the consulting engineer rendering services
which may be affected.
7. Where the normal services relate to more than one of the disciplines of consulting
engineering, namely civil, structural, mechanical, electrical or electronic engineering
services, a separate fee for services in each discipline should be calculated in accordance
with the relevant clause.
8. Where at the instance and with the consent of the client the works are undertaken on
separate non-contiguous sites, continuity is interrupted or are unusually fragmented or
are constructed as separately documented phases or sections, the fee for normal
services is:
a) the sum of the fees calculated separately for each site, contract, phase or section as
if they were separate works; or
b) a fee agreed to between the client and the consulting engineer and which fee lies
between the fee calculated on the total cost of the works and the sum of the fees
contemplated in clause (a) above.
9. For the calculation of fees, "Duplication of works" is defined as the re-use of designs,
drawings and details done by a consultant to duplicate a complete unit (e.g. a building
or bridge).
10. The fee for services provided in the report stage is calculated on a time basis.
11. The following fees may be claimed after each stage of services or monthly or as agreed
between the consulting engineer and the client:
a) Percentage fees determined on the basis of the cost of the works prevailing at the
time of the fee calculation and pro-rata to the completed services, or a portion of
the total fee based on completion of the stages along the lines indicated in 13.2.9.
b) Time based fees applicable when the services were rendered.
12. Disbursements as set out in clause (1) may be claimed monthly.
13.2
Fees for Normal Services

In the following tables the fee guidelines consist of the sum of a fee depending on the Cost
of the Works. Alternatively, if the scope of services and scope of work are relatively well
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defined and a reasonable budget of the Cost of Works is available, then the client and
consultant can agree a single percentage fee based on this budgeted cost and the overall
fee calculated using the tables below as well as any relevant complexity factors.
Fee negotiations would typically commence using these starting values and judgment regarding
project complexity to arrive at a finally agreed percentage fee. The fee amount to be paid will
generally be based upon the final cost of the works or any other suitably agreed arrangement.
*Notes for Engineering Projects for Normal Services
i) These rates have been set on the basis of current practices in other countries, and based
on the experience gained over the years in the local engineering consultancy industry.
ii) The traveling time charge is additional to this fee.
iii) Cost of works means the cost of that particular element (field) of the project, including
the respective proportion of preliminary and general items and Value Added Tax.
iv) The rates are applicable for either the infrastructure works, building works or any other
works.
v) The rates are exclusive of Value Added Tax.
vi) The maximum fee as % of cost of works shall be not more than 15% of the minimum
charges.
*Notes for Building Projects for Normal Services
i) This table applies to building projects for which normally the team leader is an Architect
and not an Engineer. The Consulting Engineer is thus a member of the project team.
Where the Consulting Engineer is appointed as the Lead Consultant, an additional fee
equivalent to 1.0% of cost of project shall apply.
ii) Lower range should be applied for projects with value of more than KSHS.
1,600,000,000 and the higher range of projects of less than KSHS. 1,600,000,000.
However, where the work is complex, the higher rate should apply irrespective of the
cost of the project.
iii) Engineering Systems refers to any engineering services, which are outside the direct
ambit of the conventional civil, structural, mechanical, and electrical services, such
services as but not limited to, Lifts, Escalators and other transportation systems in
buildings; security systems, access control, structured cablings and other ICT systems,
Video Conferencing, public address systems, conferencing systems and other
telecommunication systems; generators, solar and other renewable energy sources and
air cleaners.
iv) Repetition Works (Design only) on same location:
a. First unit - 100%
b. Subsequent units - 70%
c. Supervision (full) - 100%
v) The traveling time charge is additional to this fee.
vi) Cost of project means all costs involving cost of all elements (fields) of the project,
inclusive of Value Added Tax.
vii) The rates are applicable for works in buildings only.
viii)
The rates are exclusive of Value Added Tax.
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13.2.1 Civil and Structural Engineering Services Pertaining to Engineering Projects

1. The basic fee for normal services in the disciplines of civil and structural
engineering, pertaining to Engineering Projects, is determined from the table
below. The fee is applicable to the specific cost of the works in respect of which
the services were rendered on the project excluding the report stage described
in clause 12.2.1 which is normally reimbursed on a time basis in terms of clause
13.4.
Cost of Works in KSHS.
Minimum Fees as % of Cost of Works

New Works
Existing Works
10.00
12.00
From 20,000,000 to 40,000,000
8.50
10.00
From 40,000,000 to 80,000,000
7.50
9.75
From 80,000,000 to 160,000,000
7.00
8.75
From 160,000,000 to 240,000,00
6.50
7.75
From 240,000,000 to 320,000,000
6.00
7.10
From 320,000,000 to 400,000,000
5.50
6.60
From 400,000,000 to 480,000,000
5.00
6.20
From 480,000,000 to 640,000,000
4.80
5.90
From 640,000,000 to 800,000,000
4.60
5.50
From 800,000,000 to 1,200,000,000
4.40
5.20
From 1,200,000,000 to 1,600,000,000
4.30
5.10
From 1,600,000,000 to 2,000,000,000
4.20
5.05
Over 2,000,000,000
4.10
5.00
20,000,000 and below
TABLE 2: BASIC FEE FOR NORMAL SERVICES IN THE DISCIPLINES OF CIVIL AND
STRUCTURAL
ENGINEERING PERTAINING TO ENGINEERING PROJECTS
2. The following additional fee is typically applicable to the value of the reinforced
concrete and structural steel portions of the works, inclusive of the costs of
concrete, reinforcing, formwork, structural steel work and any pro-rata
preliminary and general amounts. Where structures of identical design are
repeated on the same project, the combined costs is normally cumulated for the
determination of the cost of the reinforced concrete and structural steel works.
In cases where structures require individual design, a separate additional fee is
normally calculated for each structure based on the cost of the reinforced
concrete and/or structural steel work for that particular structure. The additional
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fee is the sum of the primary fee and a figure between 1.5%-5.0% as agreed
between the Client and Consultant.
3. To calculate the fee for railway track work in terms of this item, 50 per cent of the cost
of the permanent way materials is normally excluded from the cost of the works in view
of the limited design input normally required for these elements, but the full cost
of ballast and equipment specially designed by the consultant is normally included in the
cost of the works.
4. For normal services relating to a description of the works mentioned in the first column of
the following table, the proportion of the basic fee relating to the specific item calculated in
terms of clause (1) and (2) is normally multiplied by the category factors mentioned
against that description in the second column of the table. In cases more than one of the
descriptions below applies, the effective factor will typically be the product of the factors
involved.
5. These factors do not apply when fees are a lump sum or on a time basis.
6. In the case of road works, where the road traverses both rural and urban areas, an
adjustment pro-rata to the length of road in rural and urban area is normally made.
7. In the case of road rehabilitation a combination of factors applies depending on the
situation of the road (rural or urban) and the category factor for alterations to existing
works.
Description of the Works
Rural roads (single carriageways), excluding bridges
Typical factor by which basic fee

is multiplied
0,85
Rural freeways and dual carriageways, excluding bridges
0,95
Freeways and dual carriageways through existing periurban areas, excluding bridges
1,00
Single Carriageways through existing urban areas
1.00
Freeways and dual carriageways through existing urban

areas
Gravel roads: Primary roads
Secondary roads
Informal roads
1,25
Water and waste water treatment works
1,25 to 1,50
1,00 to 1,25
0,75 to 1,00
1,25
Services (Excluding roads) for existing informal settlements

including roads and to reduced standards or supplies
Water and sanitation in rural areas
1,25 to 1,50
1,35
Alterations to existing works.

(Only applicable to the fees on the portion or section of
works affected)
1,25
Mass concrete foundations, brickwork and cladding designed

and detailed by the consulting engineer
(Only applicable to the design portion of the fees on such
works)
Duplication of works (Only applicable to the design portion
of the fees on duplicated works)
0,33
TABLE 3: CATEGORY FACTORS FOR ROAD
0,25
WORKS
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13.2.2 Civil Engineering Services Pertaining to Building Projects

1. The basic fee for normal services in the discipline of civil engineering, pertaining to
Building Projects, is determined from the table below. The fee is applicable to the
specific cost of the works in respect of which the services were rendered on the project
excluding the report stage described in clause 12.2.1 which is normally reimbursed on a
time basis in terms of clause 13.4.
SERVICE
% CHARGE ON COST
OF PROJECT
Civil
0.5% to 1.0%
Structural
3.0% to 4.5%
Engineering systems
1.5% to 2.0%
TABLE 4: BASIC FEE FOR NORMAL SERVICES IN THE DISCIPLINES OF CIVIL
ENGINEERING PERTAINING TO BUILDING PROJECTS
2. For normal services relating to a description of the works mentioned in the first column
of the following table, the proportion of the basic fee relating to the specific item
calculated in terms of clause (1) is normally multiplied by the category factor mentioned
against that description in the second column of the table. In case more than one of the
involved.
These factors do not apply when fees are a lump sum or on a time basis.
Typical factor by
which basic fee is

multiplied
Alterations to existing works

(Only applicable to the fees on the portion or section of works
affected)
1,25
Internal water and drainage for buildings upon

specific agreement with the client to render
such services
1,25
Duplication of works I(Only applicable to the design portion

of the fees on duplicated works)
0,25
TABLE 5: CATEGORY FACTORS FOR CIVIL ENGINEERING PERTAINING TO BUILDING PROJECTS

13.2.3 Structural Engineering Services Pertaining to Building Projects
1. The basic fee for normal services in the discipline of structural engineering, pertaining to
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SERVICES IN KENYA
SERVICE
Structural
Engineering systems
EBK/SOF/814/V1
% CHARGE ON COST
OF PROJECT
3.0% to 4.5%
1.5% to 2.0%
TABLE 6: BASIC FEE FOR NORMAL SERVICES IN THE DISCIPLINES OF STRUCTURAL

ENGINEERING PERTAINING TO BUILDING PROJECTS
involved.
Typical Factor by
which Basic Fee is
Multiplied
Alterations to existing works (Only applicable to the fees on

the portion or section of works affected)
1.25
Mass concrete foundations and brickwork designed and

detailed by the consulting engineer (Only applicable to the
design portion of the fees on such works)
0.33
Duplication of works (Only applicable to the design portion of

the fees on duplicated works)
0.25
TABLE 7: CATEGORY FACTORS FOR STRUCTURAL ENGINEERING PERTAINING TO

BUILDING PROJECTS
13.2.4 Mechanical Engineering Services pertaining to Engineering Projects
1. The basic fee for normal services in the discipline of mechanical engineering, pertaining
to Engineering Projects, is determined from the table below. The fee is applicable to
the specific cost of the works in respect of which the services were rendered on the
project excluding the report stage described in clause 12.2.1 which is normally
reimbursed on a time basis in terms of clause 13.4.
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New Works
Existing Works
10.00
12.00
From 20,000,000 to 40,000,000
8.50
10.00
From 40,000,000 to 80,000,000
7.50
9.75
From 80,000,000 to 160,000,000
7.00
8.75
From 160,000,000 to 240,000,00
6.50
7.75
From 240,000,000 to 320,000,000
6.00
7.10
From 320,000,000 to 400,000,000
5.50
6.60
From 400,000,000 to 480,000,000
5.00
6.20
From 480,000,000 to 640,000,000
4.80
5.90
From 640,000,000 to 800,000,000
4.60
5.50
From 800,000,000 to 1,200,000,000
4.40
5.20
From 1,200,000,000 to 1,600,000,000
4.30
5.10
From 1,600,000,000 to 2,000,000,000
4.20
5.05
Over 2,000,000,000
4.10
5.00
TABLE 8: BASIC FEE FOR NORMAL SERVICES IN THE DISCIPLINES OF

MECHANICAL ENGINEERING PERTAINING TO ENGINEERING PROJECTS
involved.
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Typical factor by
which basic fee is
multiplied

works affected.)
1,25
Wet services, for domestic hot and cold water and drainage
pipe work inside buildings.
1,25
Duplication of works
(Only applicable to the design portion of the fees on
duplicated works)
0,25
TABLE 9: CATEGORY FACTORS FOR MECHANICAL ENGINEERING PERTAINING TO

ENGINEERING PROJECTS
13.2.5 Electrical Engineering Services pertaining to Engineering Projects
1. The basic fee for normal services in the discipline of electrical engineering, pertaining to
Engineering Projects, is determined from the table below. The fee is applicable to the

New Works
Existing Works
10.00
12.00
From 20,000,000 to 40,000,000
8.50
10.00
From 40,000,000 to 80,000,000
7.50
9.75
From 80,000,000 to 160,000,000
7.00
8.75
From 160,000,000 to 240,000,00
6.50
7.75
From 240,000,000 to 320,000,000
6.00
7.10
From 320,000,000 to 400,000,000
5.50
6.60
From 400,000,000 to 480,000,000
5.00
6.20
From 480,000,000 to 640,000,000
4.80
5.90
From 640,000,000 to 800,000,000
4.60
5.50
From 800,000,000 to 1,200,000,000
4.40
5.20
From 1,200,000,000 to 1,600,000,000
4.30
5.10
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SERVICES IN KENYA
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From 1,600,000,000 to 2,000,000,000
4.20
5.05
Over 2,000,000,000
4.10
5.00

ELECTRICAL ENGINEERING PERTAINING TO ENGINEERING PROJECTS
involved.
Typical factor by
which basic fee is
multiplied
works affected.)
(Only applicable to the design portion of the fees on
duplicated works)
1,25
0,25
TABLE 11: CATEGORY FACTORS FOR ELECTRICAL ENGINEERING PERTAINING TO

ENGINEERING PROJECTS
13.2.6Mechanical Engineering pertaining to Building Projects
1. The basic fee for normal services in the discipline of mechanical engineering or wet
services, pertaining to Building Projects, is determined from the table below. The fee is
applicable to the specific cost of the works in respect of which the services were
rendered on the project excluding the report stage described in clause 12.2.1 which is
normally reimbursed on a time basis in terms of clause 13.4.
SERVICE
Mechanical
Engineering systems
% CHARGE ON COST
OF PROJECT
2.0% to 3.0%
1.5% to 2.0%

MECHANICAL ENGINEERING PERTAINING TO BUILDING PROJECTS
2. For normal services relating to a description of the works mentioned in the first column of the
following table, the proportion of the basic fee relating to the specific item calculated in terms of
clause (1) is normally multiplied by the category factor mentioned against that description in
the second column of the table. In case more than one of the descriptions below applies, the
effective factor will typically be the product of the factors involved.
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SERVICES IN KENYA
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Typical factor by
which basic fee is
multiplied
1,25
Multi-tenant installations
affected)
1,25
Wet services, for domestic hot and cold water and drainage pipe
work inside buildings.
1,25
(Only applicable to the design portion of the fees on duplicated works)
0,25
For projects where the cost of the works exceeds KES 30,000,000
and where bills of quantities are not required from the consulting
engineer and all financial, tender and contractual matters are dealt with
by the Quantity Surveyor or other parties.
As above, but bills of quantities for are not required from the
consulting engineer and all financial, tender and contractual matters
are dealt with by the consulting engineer
(e.g. lump sum, nominated or selected sub-contracts, etc.)
0,75
0,90
TABLE 13: CATEGORY FACTORS FOR MECHANICAL ENGINEERING PERTAINING TO

BUILDING PROJECTS
13.2.7 Electrical Engineering services pertaining to Building Projects
1. The basic fee for normal services in the discipline of electrical engineering, pertaining to
SERVICE
Electrical
Engineering systems
% CHARGE ON COST
OF PROJECT
2.0% to 3.0%
1.5% to 2.0%

ELECTRICAL ENGINEERING PERTAINING TO BUILDING PROJECTS
involved.
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SERVICES IN KENYA
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Typical factor by
which basic fee is

multiplied
1,25
affected)
1,25
Wet services, for domestic hot and cold water and drainage pipe
work inside buildings.
1,25
(Only applicable to the design portion of the fees on duplicated works)
0,25
For projects where the cost of the works exceeds KES 30,000,000
and where bills of quantities are not required from the consulting
engineer and all financial, tender and contractual matters are dealt with
by the Quantity Surveyor or other parties.
As above, but bills of quantities for are not required from the
consulting engineer and all financial, tender and contractual matters
are dealt with by the consulting engineer
(e.g. lump sum, nominated or selected sub-contracts, etc.)
0,75
0,90
TABLE 15: CATEGORY FACTORS FOR ELECTRICAL ENGINEERING PERTAINING TO

BUILDING PROJECTS
13.2.8 Services provided partially or in Stages
1. The following table shows typical percentages that are typically used for proportioning
the basic fee for normal services over the various stages of the services. The actual
percentage used should be adjusted for individual projects through negotiation and
depending on the work involved in each stage, the value that can be added in each
stage and any commercial considerations that may be applicable:
2. Where not all the stages of the normal services are provided by the consulting engineer,
the fee is, subject to clause 12.1(7), calculated as a percentage of the total fee
calculated in terms of this clause, which percentage is the sum of the percentage points
appropriate to each stage as set out in the above table against those stages of the services
provided by the consulting engineer, typically plus 5 percentage points to allow the engineer to
become familiar with the project.
Item
1
2
3
4
5
6
Stage of Work
Inception Stage
Design Stage (Preliminary & Sketch Design)
Design Stage (Detailed Design)
Tender Stage
Construction Stage / Installation
Close Out
TABLE 16: TYPICAL PERCENTAGE POINTS FOR EACH STAGE
Fee
Payable
5%
30%
35%
5%
20%
5%
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13.2.10 Cancellation or Abandonment

Should instructions having been given by the client to the consulting engineer to proceed with
any of the stages of services set out in clause 1 and the whole or part of the works is cancelled
or abandoned or postponed for a period of more than six months, the consulting engineer
shall be remunerated for services performed, plus a surcharge of one tenth of the full fee which
would have been payable to the consulting engineer had his services been completed in terms of
his engagement.
13.3 Fees for Additional Services
1. The fees for additional services, are agreed to between the client and the consulting
engineer.
2. For additional services as a result of the resumption of such services or the alteration or
modification of designs on the instructions of the client, the consulting engineer is
entitled to time based fees and actual costs incurred.
3. For the provision of a construction monitoring service, the consulting engineer is
typically entitled to recover from the client:
(a) for monthly monitoring staff costs, the total annual cost of employment of
such staff divided by 12 and multiplied by one of the following:
(i)
Case 1: Where payment is only made for actual time on site and site
allowances are not paid separately:
2.1 times total cost of employment.
(ii)
Case 2: Where payment is only made for actual time on site and site
allowances are paid separately:
(iii) Case 3: Where payment is made for leave and non-working days and site
allowances are paid separately:
(b) for part time monitoring staff costs, the amount payable to such staff at the
hourly rates; and
4. For all other costs, the actual expenses incurred, multiplied by1.10.
5. For duties under the Occupational Health and Safety Act, Revised Edition 2010 (Act
No.15 of 2007), the consulting engineer shall, if so appointed by the client, be
remunerated on a time and cost basis as agreed with the client.
6. For services as lead consulting engineer, the lead consulting engineer is typically
entitled to an additional fee of 10 percent (10%) of the total fees payable for the
services.
7. For engineering management services or services as the principal consultant,
the consulting engineer will typically be remunerated as follows:
(a) The basic fee for services in the discipline of engineering management services,
including work pertaining to Building Projects, is determined from the
relevant table. The fee is the sum applicable to the specific cost of the works in
respect of which the services were rendered on the project.
8. For services as principal agent of the client, the consulting engineer is typically
entitled to an additional fee calculated at one percentage point (1%) of the total cost of
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the works comprising the project. The consulting engineer is not entitled to any fees for
principal agent if he is not explicitly appointed as such.
(a) For normal services relating to a description of the works mentioned in the
first column of the following table, the proportion of the basic fee relating to
the specific calculated in terms of clause (7)(a) is normally multiplied by the
category factor mentioned against that description in the second column of the
table. In case more than one of the descriptions below applies, the effective
factor will typically be the product of the factors involved.
Typical factor by
which basic fee is
multiplied
1,25

(Only applicable to the fees on the portion or section of works affected)
1,25
TABLE 17: CATEGORY FACTORS FOR
CONSTRUCTION MANAGEMENT SERVICES
(b) The following table is typically used to proportion the basic fee over the
various stages of the services:

Stage of Services
Typical percentage
points for each stage
Concept and design development
25
Design, documentation and tender
35
Construction
35
Completion of all engineering management
TABLE 18: TYPICAL PERCENTAGE POINTS FOR EACH
5
STAGE OF CONSTRUCTION MANAGEMENT
SERVICES
13.4 Time Based Fees

1. Time based fees are all-inclusive fees, including allowances for overhead charges
incurred by the consulting engineer as part of normal business operations, including the cost
of management, as well as payments to administrative, clerical and secretarial staff used to
support professional and technical staff in general and not on a specific project only.
(a) Time based fees are calculated by multiplying the hourly rate which is applicable to
the consulting engineer or any other technical staff employed by the consulting
engineer, with the actual time spent by such technical staff in rendering the services
required by the client.
(b) Technical staff include all staff performing work directly related to the execution of
the services the consulting engineer is engaged for by the client and excludes all
administrative, clerical and secretarial staff used to support professional and
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technical staff in general and not on a specific project only, but includes the typing
of letters, minutes, reports and documents for projects.
2. To determine the time based fee rates the persons concerned are divided into:-
(a) Category A, in respect of a private consulting practice in engineering, shall mean a

top practitioner whose expertise and relevant experience is nationally or
internationally recognized and who provides advice at a level of specialization where
such advice is recognized as that of an expert.
(b) Category B, in respect of a private consulting practice in engineering, shall mean a

partner, a sole proprietor, a director, or a member who, jointly or severally with
other partners, co-directors or co-members, bears the risks of the business, takes
full responsibility for the liabilities of such practice, where level of expertise and
relevant experience is commensurate with the position performs work of a
conceptual nature in engineering design and development, provides strategic
guidance in planning and executing a project and/or carries responsibility for quality
management pertaining to a project.
(c) Category C, in respect of a private consulting practice in engineering, shall mean

all salaried professional staff with adequate expertise and relevant experience
performing work of an engineering nature and who carry the direct technical
responsibility for one or more specific activities related to a project. A person
referred to in Category B may also fall in this category if such person performs
work of an engineering nature at this level.
(d) Category D, in respect of a private consulting practice in engineering, shall mean all
other salaried technical staff with adequate expertise and relevant experience
performing work of an engineering nature with direction and control provided by any
person contemplated in categories A, B or C.
3. The time based fee rates are based on such indicative time based fee rates as are
determined from time to time by the Engineers Board of Kenya after consultation with
service providers and service users: Provided that in all cases the client and consulting
engineer may agree on a more appropriate fee to take account of the specific services to
be rendered or expertise to be applied.
POSITION
Level A - (Specialist)
Level B (Principal)
Level C (Senior Engineer)
Level D (Engineer)
Level E (Graduate Engineer)/
(Senior Technician)
Level F (Technician)
Level G (Technical Assistant) /
Secretary
HOURLY
10,800-13,500
9.000-12,000
6,500-9.000
4,500-6,500
3,000-4,500
RATES IN (KShs.)
DAILY
MONTHLY
64,800-81,000
1,080,000-1,350,000
54,000-72,000
900,000-1,200,000
42,000-54,000
700,000900,000
33,000-42,000
550,000700,000
21,000-27,000
350,000450,000
2,000-3,000
1,350-2,000
15,000-21,000
9,000-15,000
TABLE 19: RATES FOR TIME BASED
250,000350,000
150,000250,000
FEES
13.5 Expenses and Costs

1. A consulting engineer shall recover from the client:
(a) All expenses actually incurred by the consulting engineer and members of the
consulting engineer's staff in rendering their services; and
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(b) All other costs incurred on behalf of and with approval of the client plus a
markup of 10 per cent.
2. Recoverable expenses include:
(a)
Travelling expenses for the conveyance of the consulting engineer or a

member of the consulting engineer's staff by means of:
(i) private motor transport, including any parking charges, toll fees and
related expenses;
(ii) a scheduled airline or a train, bus, taxi or hired car; or
(iii) non-scheduled or privately owned air transport.
(b)
Travelling time on the basis of the rate set out, for all time spent in travelling by
the consulting engineer or members of his staff shall be as follows:
(i) when fees are paid on a time basis, all hours spent on travelling are
reimbursable.
(ii) when fees are paid on a percentage basis, reimbursement for travelling
time shall be for all time spent in travelling minus the first hour per
return journey.
(c)
Accommodation and subsistence expenses incurred by the consulting

engineer or a member of his staff;
(d)
Prevailing market rates for costs of typing, production, copying and binding of
contract documents, pre-qualification documents, feasibility reports, preliminary
design reports, final reports and manuals, excluding general correspondence,
minor reports, contractual reports, progress reports, etc.
(e)
Expenses on special reproductions, copying, printing, artwork, binding and

photography, etc. requested by the client.
(f)
Alternatively, a lump sum or percentage of the cost of the works may be

determined and agreed between the consulting engineer and the client to
cater for all or any of the above.
3. Costs that shall be recovered under clause (1)(b) above include, but are not limited to:
(a) Site traffic surveys;
(b) Geotechnical investigations;
(c)
Laboratory testing;
(d) Topographical and land surveys;

(e) Supply of specific equipment;
(f)
Specialist sub-consultants;
(g) Environmental investigations and studies; and

(h) Land acquisitions, expropriation, way leaves, and servitudes.
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APPENDIX A: REIMBURSABLE EXPENSES

The consulting engineer shall in all cases be reimbursed by the client for the disbursements
actually incurred in connection with:
a. the printing, reproduction, binding and purchase of all documents, drawings, maps and
records;
b. telegrams, telex, facsimile, courier service and telephone calls other than local calls;
c. travelling, hotel expenses and other similar disbursements;
d. the advertisements for tenders and for site staff;
e. the provision of additional professional services to the client;
f. the service tax as required by law for the professional fee; and
g. any fees, costs or charges paid by the consulting engineer to the local authority or other
authorities in connection with the seeking and obtaining of statutory approvals.
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REFERENCES
1. Scales and Conditions of Engineering Services, Ministry of Works
2. Guideline Scope of Services and Tariff of Fees for Persons Registered in terms of the
Engineering Profession Act, 2000, (Act No.46 of 2000), Engineering Council of South Africa
3. REGISTRATION OF ENGINEERS ACT 1967, NOTIFICATION OF SCALE OF FEES (REVISED
1998), Engineering Board of Malaysia
4. Scale of Fees and Scope of Services For Engineering Services, Engineers Registration Board,
Uganda.
5. Form of Agreement, Terms and Conditions for the Appointment of a Consulting Engineer,
Engineers Registration Board, The United Republic of Tanzania
Page | 59

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ENGINEERS BOARD OF KENYA

THE SCALE OF FEES AND CONDITIONS OF

THE SCALE OF FEES AND CONDITIONS OF ENGAGEMENT FOR CONSULTING ENGINEERING

Eng. M. S. M. Kamau, CBS, HSC, FIEK, PE

THE SCALE OF FEES AND CONDITIONS OF ENGAGEMENT FOR CONSULTING ENGINEERING

THE SCALE OF FEES AND CONDITIONS OF ENGAGEMENT FOR CONSULTING ENGINEERING

THE SCALE OF FEES AND CONDITIONS OF ENGAGEMENT FOR CONSULTING ENGINEERING

APPENDIX A: REIMBURSABLE EXPENSES ........................................................................... 58

THE SCALE OF FEES AND CONDITIONS OF ENGAGEMENT FOR CONSULTING ENGINEERING

THE SCALE OF FEES AND CONDITIONS OF ENGAGEMENT FOR CONSULTING ENGINEERING

MEMORANDUM OF AGREEMENT BETWEEN CLIENT AND CONSULTING

NOW IT IS HEREBY AGREED as follows:

Conditions of Engagement for Professional Engineering Services

Appendix A: Services of the Consulting Engineer

Appendix B: Remuneration and Payment of the Consulting Engineer

In consideration of the payment to be made by the Client to the Consulting Engineer as

The Client hereby agrees to pay a fee of KSHS. ..

THE SCALE OF FEES AND CONDITIONS OF ENGAGEMENT FOR CONSULTING ENGINEERING

FOR AND ON BEHALF OF THE CLIENT

FOR AND ON BEHALF OF THE CONSULTING ENGINEER

THE SCALE OF FEES AND CONDITIONS OF ENGAGEMENT FOR CONSULTING ENGINEERING

BASIS FOR REMUNERATION

Selection of a Consulting Engineer and Scope of Work

THE SCALE OF FEES AND CONDITIONS OF ENGAGEMENT FOR CONSULTING ENGINEERING

Quality Management and Scope

Preliminary Design Service

Infrastructure & Transportation Sector

THE SCALE OF FEES AND CONDITIONS OF ENGAGEMENT FOR CONSULTING ENGINEERING

Final Design Services and Contract

Tender Call Services

Construction and Contract

THE SCALE OF FEES AND CONDITIONS OF ENGAGEMENT FOR CONSULTING ENGINEERING

Project Management Services

Construction Management Services

Fast-track construction or sequential

TABLE 1: CATEGORIES OF SERVICE OFFERED BY CONSULTING

Method 1 Time Charges

Method 2 Fixed Contract/Lump Sum Fees

Method 3 Percentage Fees

THE SCALE OF FEES AND CONDITIONS OF ENGAGEMENT FOR CONSULTING ENGINEERING

means the person, firm or organization named in the

means the legal person, firm or consortium, registered as

means the Engineers Board of Kenya.

means the project with which the Client is proceeding and of

means the Works in connection with which the Client has

means the professional services performed by the Consulting

means any person or persons, firm or company under

means a person or firm appointed by or on behalf of the

means Consultants other than the Consulting Engineer

THE SCALE OF FEES AND CONDITIONS OF ENGAGEMENT FOR CONSULTING ENGINEERING

OBLIGATIONS OF THE CONSULTING ENGINEER

Skill and Care

Acting as Lead Consultant

Working with Specialists Sub-Consultants

Design by Contractors or Sub-Contractors

THE SCALE OF FEES AND CONDITIONS OF ENGAGEMENT FOR CONSULTING ENGINEERING

Appointing a Project Leader

Assurance of Professional Design and Field Review

THE SCALE OF FEES AND CONDITIONS OF ENGAGEMENT FOR CONSULTING ENGINEERING

OBLIGATIONS OF THE CLIENT

Payment for Services

Appointing Clients Representative

THE SCALE OF FEES AND CONDITIONS OF ENGAGEMENT FOR CONSULTING ENGINEERING