Project No..................... Agreement No................... of............. (date) SOUTH AFRICAN NATIONAL ROADS AGENCY SOC LIMITED STANDARD ANNEXURE NO 1 (Percentage fee appointments) to the Agreement for Consulting Engineering Services Date of Revision: APRIL 2013
I CONTENTS PAGE 1. PAYMENT BASIS FOR SERVICES... 1 1.1 PERCENTAGE-FEE BASED ON THE COST OF THE WORKS... 1 1.2 TIME AND COST BASIS... 1 1.3 RATES OR LUMP SUM... 1 1.4 REIMBURSABLE EXPENDITURE... 2 1.4.1 Items covered under Table 3 (The Compilation of Reports, Documents, Plans etc)... 2 1.4.2 Items covered under Table 4 (Transport and Subsistence)... 2 1.4.3 Items covered under Table 5 (Site Laboratory Equipment)... 2 1.4.4 Items covered under Table 6 (Site Survey Equipment)... 2 1.4.5 Items covered under Table 7 (Site Staff Accommodation Allowance)... 3 1.4.6 Items covered under Table 8 (Schedule of Travel Tariffs)... 3 1.4.7 Technical Support Services... 3 1.4.8 Arranging of Site Inspection and Tenderer's Meetings..3 1.4.9 Site Staff... 3 1.4.10 Engineering Management Services/Principle Agent for SANRAL... 3 1.4.11 Occupational Health and Safety Act, 1993 (Act No.85 of 1993)... 3 1.4.12 Quality Assurance System (additional to construction monitoring)... 4 1.4.13 Diagrams for Land Acquisition and Land Audits... 4 1.4.14 Charges raised by a Public Authority or any other Competent Authority... 4 1.4.15 Computer Costs... 4 1.4.16 Special Insurance... 4 1.4.17 Advertisements... 4 1.4.18 Mechanical, Electrical and Electronic Engineering Services... 4 1.4.19 Building Services... 4 1.4.20 Targeted Procurement... 5 1.4.21 Special Services and Specialist Advice... 5 1.4.22 Diverse Other Services... 5 1.4.23 Costs incurred on behalf of SANRAL... 5 2. GENERAL PRESCRIBED DUTIES AND POWERS OF THE CONSULTING FIRM UNDER THE AGREEMENT... 6 2.1. GENERAL... 6 2.1.1 New Works... 6 (a) Report and/or Route Location Stage... 6 (b) Preliminary Design Stage... 6 (c) Detailed Design and Documentation Stage... 7 (d) Tender and Construction Stage... 8 2.1.2 Rehabilitation, Routine Maintenance or Toll Operations... 10 (a) Initial Assessment Stage... 10 (b) Detailed Assessment Stage.11 (c) Detailed Design and Documentation Stage... 11 (d) Tender and Construction/Operation Stage... 11 2.2 FULL AND PARTIAL SERVICES... 11 2.3 NORMAL DUTIES (FOR FEE APPOINTMENTS)... 12 2.4 ADDITIONAL SERVICES... 12 2.4.1 Technical Support Services... 12 2.4.2 Provision of Site Laboratory and Survey Equipment... 12 2.4.3 Arranging of Site Inspection for Tender... 13 2.4.4 Provision of Site Staff 13 2.4.5 Engineering Management Services/Principal Agent of SANRAL... 13 (a) Engineering management services... 13 (b) Principal agent of SANRAL... 14 2.4.6 Occupational Health and Safety Act, 1993 (Act No. 85 of 1993)... 15
II 2.4.7 Quality Assurance System (Additional to Construction Monitoring)... 15 2.4.8 Diagrams for land acquisition and land audit... 15 2.4.9 Further additional services (Sub-sections 1.4.14 to 1.4.19)... 15 2.4.10 Targeted procurement... 15 2.5 SPECIAL SERVICES AND SPECIALIST ADVICE... 16 2.6 DIVERSE OTHER SERVICES... 16 2.6.1 Services by Consulting Firm... 16 2.7.2 Services rendered by other Service Providers... 18 3. THE BASIS OF REMUNERATION TO THE CONSULTING FIRM... 19 3.1 COST OF ENGINEERING WORKS AND FEES... 19 3.1.1 Estimated Cost of the Works... 19 3.1.2 The Cost of Works shall include the following:... 19 3.1.3 The Cost of the Works shall not include:... 19 3.1.4 Final Cost of the Works... 20 3.1.5 Damage or Destruction of Works... 20 3.1.6 Postponement, Cancellation or Abandonment of Works... 20 3.1.7 Drop-off and Take-up Fees of Work Previously Abandoned or Postponed... 20 3.1.8 Alterations or Modifications to Designs... 20 3.1.9 Additional Services, Specialist work or Diverse other Services... 21 3.1.10 Time and Cost Budgets... 21 3.2 REMUNERATION FOR FULL SERVICES... 21 3.2.1 General... 21 3.2.2 New Works... 21 (a) Report Stage and/or route location Stage... 21 (b) Preliminary Design Stage... 21 (c) Detailed Design and Documentation Stage... 22 3.2.3 Rehabilitation, Routine Maintenance or Toll Operations... 22 (a) Initial Assessment Stage... 22 (b) Detailed Assessment Stage... 22 (c) Detailed Design and Documentation Stage... 23 (d) Tender and Construction/Operation Stage... 23 3.3 REMUNERATION FOR PARTIAL SERVICES... 23 3.3.1 New Works... 24 (a) Preliminary Investigation/Route Location Stage only... 24 (b) Preliminary Design Stage only... 24 (c) Detailed Design and Documentation only... 24 (d) Tender and Construction Stage only... 24 3.3.2 Rehabilitation, Routine Maintenance or Toll Operations... 27 (a) Initial Assessment Stage only... 27 (b) Detailed Assessment Stage only... 27 (c) Detailed Design and Documentation Stage only... 27 (d) Tender and Construction/Operation Stage only... 27 3.3.3 Combination of Stages (Partial services)... 28 3.4 REIMBURSABLE EXPENDITURE: NORMAL DUTIES... 28 3.5 REIMBURSABLE EXPENDITURE: ADDITIONAL SERVICES... 28 3.5.1 Technical Support Services. 28 (a) Laboratory Testing and Land Surveying... 28 (b) Roadbed and Borrow-Pit Materials Investigations... 29 (c) Geotechnical and Drilling Contracts... 29 3.5.2 Provision of Site Laboratory Equipment, Surveying Equipment and Additional Material Testing... 29 3.5.3 Arranging Site Inspections and Tenderer s Meetings... 30 3.5.4 Provision of Site Staff... 30 3.5.5 Engineering Management Services/Principle Agent of SANRAL... 30
III 3.5.6 Occupational Health and Safety Act, 1993 (Act No. 85 of 1993)... 31 3.5.7 Quality Assurance System... 31 3.5.8 Preparation of Diagrams for Land Acquisition and Land Audit... 31 3.5.9 Further Additional Services (Sub-sections 1.4.14 to 1.4.19).. 31 3.6 SPECIAL SERVICES AND SPECIALIST ADVICE... 31 3.7 DIVERSE OTHER SERVICES... 31 3.7.1 General... 31 3.8 SURCHARGE ON COSTS INCURRED ON BEHALF OF SANRAL... 32 3.9 TIME AND COST BASIS BUDGETS... 32 3.10 INTERIM PAYMENTS TO THE CONSULTING FIRM... 32 3.10.1 Interim Payments... 32 3.10.2 Progress of Design for Interim Payments... 32 4. TARIFF OF FEES FOR ENGINEERING SERVICES RENDERED... 33 4.1 GENERAL... 33 4.1.1 Application of Tariff of Fees... 33 4.1.2 Variation in Rates and Fees... 33 4.1.3 Other Disciplines... 33 4.1.4 Date of Gazetted Percentage Fees... 33 4.2 SERVICES OF NORMAL CHARACTER... 33 4.2.1 Civil and Structural Engineering Services... 33 a) Basic Fee... 33 b) Additional Fee for Reinforced Concrete Portion of the Works... 34 c) Additional Fee for Structural Steelwork Portion of the Works... 34 d) Additional Fee for Structural Portion of the Works in Other Materials... 34 e) Reduction in Fee for Structural Portions of the Works which are Standard Designs... 34 f) Special Fee Adjustments for Services Provided in respect of Different Road Categories... 34 4.2.2 Mechanical, Electrical and Electronic Engineering Works... 35 4.2.3 Other Fees (Special Services etc)... 35 4.3 ADJUSTMENTS TO THE BASIC FEE FOR SERVICES NOT OF A NORMAL CHARACTER... 35 4.3.1 Works Making Unusually High Demands... 35 (a) Urban freeways... 35 (b) Alterations to existing works... 36 (c) Works on separate non-adjacent sites... 37 (d) Other types of Works or parts of Works... 37 (e) Gravel Roads... 37 (f) Targeted Procurement..37 4.3.2 Special Provisions for Work Not of Normal Character... 37 4.3.3 Works Making Unusually Low Demands... 37 4.4 REIMBURSEMENT OF NORMAL DUTIES... 38 4.5 REIMBURSEMENT FOR ADDITIONAL SERVICES... 38 4.5.1 Technical Support Services... 38 (a) Laboratory Testing and Land Surveying... 38 (b) Roadbed and Borrow-Pit Materials Investigation... 38 (c) Geotechnical and Drilling Costs... 38 4.5.2 Provision of Site Laboratory and Survey Equipment... 39 4.5.3 Arranging of Site Inspection for Tender.39 4.5.4 Provision of Site Staff... 39 4.5.5 Engineering Management Services/Principle Agent of SANRAL... 41 4.5.6 Occupational Health and Safety Act (Act No. 85 of 1993)... 41 4.5.7 Quality Assurance System... 41 4.5.8 Preparation of Diagrams for Land Acquisitions and Land Audit... 41 4.6 SPECIAL SERVICES AND SPECIALIST ADVICE... 41 4.6.1 Appointed Specialists... 41 4.6.2 Litigation and Similar Services... 41
IV 4.6.3 Mediation or Arbitration... 42 4.6.4 Other Specialist Advice or Special Services... 42 4.7 DIVERSE OTHER SERVICES... 42 4.8 COST INCURRED ON BEHALF OF SANRAL... 42 4.9 TIME AND COST WORK... 42 4.10 TABLES FOR REIMBURSABLE EXPENDITURE... 42 4.11 DESIGN PROGRESS FOR INTERIM PAYMENT... 44 4.11.1 PROGRESS FOR FEES FOR WORK COMPLETED: Preliminary Design... 44 4.11.2 PROGRESS FOR FEES FOR WORK COMPLETED: Detailed Design... 45 4.12.3 PROGRESS FOR FEES FOR WORK COMPLETED: Tender and Construction Stage... 46 4.11.4 PROGRESS FOR FEES FOR WORK COMPLETED: Structural Detail Design47
1 1. PAYMENT BASIS FOR SERVICES STANDARD ANNEXURE NO 1 Remuneration of the Consulting Firm for services rendered under the Agreement for Consulting Engineering Services will be determined by one of the following methods or a combination thereof: (a) (b) (c) (d) Percentage fee based on the cost of the Works as in this Annexure Time-cost basis Rates or Lump Sum as agreed Reimbursable Expenditure The contents of this Annexure apply only to Percentage Fee based on the cost of the Works and Reimbursable Expenditure over and above the afore-mentioned fee. Some of the Reimbursable Expenditure payments are in terms of Tables as agreed upon from time to time. 1.1 PERCENTAGE-FEE BASED ON THE COST OF THE WORKS (a) (b) In this case the cost of the Works is estimated or calculated in conformity with subsection 3.1 of this Annexure. The tariff of fees will be according to section 4 of this Annexure. The percentage fees and disbursements in terms of the Tables applicable at the commencement of a Stage of the Work by the Consulting Firm will remain fixed for the tenure of that Stage unless postponed in terms of clause B27 of the Agreement. This is applicable to all Tables except Table 8 (Schedule of Travel Tariffs) where the latest revision regardless of the commencement of a stage will be applicable for the tenure of the agreement. 1.2 TIME AND COST BASIS Where the services of the Consulting Firm are of such a nature that a percentage or other stated fee is in the opinion of SANRAL inappropriate, a fee shall be chargeable on a time and cost basis as set out in Annexure 2. Provided that where SANRAL considers that the fee on a time and cost basis, or the prescribed tariff, would be inadequate in relation to the services rendered by the Consulting Firm, an appropriate special fee shall be negotiated between the Consulting Firm and SANRAL. If a specific Stage of the Work by the Consulting Firm is undertaken on this basis, the time charges as defined in Annexure 2 will remain fixed for the tenure of that Stage unless postponed in terms of clause B27 of the Agreement. 1.3 RATES OR LUMP SUM Where appropriate to specific assignments and by agreement between SANRAL and the Consulting Firm remuneration will be on: (a) (b) Rates for identifiable tasks and/or Lump sum payments.
2 1.4 REIMBURSABLE EXPENDITURE The following costs incurred by the Consulting Firm in the execution of its commission are of a reimbursable nature and refundable to the Consulting Firm over and above the aforementioned fees. It is agreed to reimburse specific predetermined items as reflected in Tables 3-8 as per Annexure 3 as described in sub-sections 1.4.1 to 1.4.6 of this Annexure. Items listed under sub-sections 1.4.1 and 1.4.2 of this Annexure will be regarded as reimbursable expenditure forming part of normal duties for fee appointments as per 1.1 above. All services listed under sub-sections 1.4.3 up to and including 1.4.20 of this Annexure are additional services to be specifically called for by SANRAL and agreed upon in terms of applicable remuneration. Special services, specialist advise and diverse other services described in 1.4.21 to 1.4.22 and only when specifically instructed by SANRAL. Although the fees, tariffs and tables in this Annexure as well as Annexure 2 are from time to time revised, the stipulations of clause B30 to B33 of the Agreement shall always apply. No surcharge shall be payable on any of the reimbursable expenditure as derived from the tables contained in this Annexure nor on the reimbursements derived from rates and tariffs contained in Annexure 3 except for Table 8 where a surcharge as indicated elsewhere will be applicable. 1.4.1 Items covered under Table 3 (The Compilation of Reports, Documents, Plans etc) The cost for reproduction, binding of paper, electronic documents, reports, plans etc are not included in the fee structure as stipulated in the Agreement and Annexures shall be reimbursed as shown in Table 3 of Annexure 3. 1.4.2 Items covered under Table 4 (Transport and Subsistence) This table in Annexure 3 provides for travelling (including time), accommodation and subsistence costs reasonably and properly incurred by members of the Consulting Firm's staff in the performance of their services (excluding site staff). The applicable distance shall be taken as the distance between the applicable SANRAL office and the site or the Consulting Firms office and the site, whichever is the nearest to the site or as otherwise agreed upon, as indicated in the Agreement. 1.4.3 Items covered under Table 5 (Site Laboratory Equipment) The cost of providing the specified laboratory equipment and establishing same in a laboratory on site shall be paid for at a monthly hire rate to be determined from Table 5 in terms of Annexure 3 and the standard procedures as prescribed by SANRAL for the periods the equipment is required on site. Appendix 1 to Standard Annexure 3 will be used as the basis for agreeing the required laboratory equipment before commencement of the work. 1.4.4 Items covered under Table 6 (Site Survey Equipment) The cost of providing specified surveying equipment on site, under conditions stipulated by SANRAL shall be paid for at a monthly hire rate in accordance with Table 6 in Annexure 3 for the periods the equipment is required on the site.
3 1.4.5 Items covered under Table 7 (Site Staff Accommodation Allowance) The reimbursement of site staff occupying their own homes shall be paid at a monthly ruling rate shown in Table 7 of Annexure 3. The reimbursable distance travelled to own home shall be agreed to by SANRAL. The Consulting Firm shall in all instances ensure compliance with the relevant laws and regulations in this regard. 1.4.6 Items covered under Table 8 (Schedule of Travel Tariffs) Reimbursement for travelling by private company vehicles will be in accordance with Table 8 of Annexure 3. The applicable tariff will be fixed for the duration of the applicable term of revision for this Table or such other period before notified change of the Table. 1.4.7 Technical Support Services Technical support services such as materials investigations for borrow-pits, quarries, roadbeds, pavements and laboratory testing (normal TMH1 tests) geotechnical investigations and topographic and photogrammetric land surveying, staking and referencing (normal TMH 11) are separately reimbursable as described in sub-sections 3.5 and 4.5 of this Annexure. SANRAL nevertheless reserves the right to undertake these services by a third party service provider appointed by SANRAL. The cost for additional materials testing for design and or site quality assurance, agreed to by SANRAL will be reimbursed in terms of the rates indicated in Appendix 3 of Standard Annexure 3. Tests not listed in this Appendix will be agreed to with SANRAL. Geotechnical and drilling investigation costs are reimbursable as specified in sub-section 3.5.1. The engineering interpretation shall however be deemed to be inclusive in the fees unless specifically otherwise approved by SANRAL. 1.4.8 Arranging of Site Inspection and Tenderer s Meetings All reasonable costs incurred and approved in advance by SANRAL in arranging the site inspection are reimbursable (cost such as venue hire, bus costs etc.) The provision of refreshments and/or meals for those attending the Site Inspection or Tenderer s meeting shall be at the discretion of and to the account of the Consulting Firm. 1.4.9 Site Staff The cost of employing site staff appointed in terms of sub-section 2.4.4 shall be refundable as provided for in sub-section 3.5.4 and 4.5.4 of this Annexure. 1.4.10 Engineering Management Services/Principal Agent for SANRAL If a Consulting Firm is specifically appointed by SANRAL for Management Services or as the Principal Agent of SANRAL to perform the duties as described in sub-section 2.4.5, reimbursement is payable as per sub-section 3.5.5 and 4.5.5 of this Annexure. A time-costs basis can however also be agreed upon between SANRAL and the Consulting Firm in certain cases. In the latter case payment shall be in accordance with Annexure 2. A Principal Agent of SANRAL can also mean the leader of the professional team who assumes the leadership of a Joint Venture or team of Consulting Firms of the same discipline if specifically so appointed by SANRAL in special circumstances. 1.4.11 Occupational Health and Safety Act, 1993 (Act No.85 of 1993) If SANRAL requires the Consulting Firm to undertake additional duties falling under the
4 mentioned act and the construction regulations in terms thereof, such services shall be reimbursed on a time and cost basis in terms of Annexure 2 or as agreed to between SANRAL and the Consulting Firm. If deemed necessary and agreed to by SANRAL a specialist may be appointed to undertake this work as defined in sub-section 1.4.21 hereof. 1.4.12 Quality Assurance System (additional to construction monitoring) Where SANRAL requires that a quality management system or quality assurance services, over and above construction monitoring services, be applied to the construction stage of a Project by the Consulting Firm, these will be in addition to normal services provided by the Consulting Firm and are to be specifically defined and separately agreed in writing prior to commencement thereof. Payment will be done on a time and cost basis in terms of Standard Annexure 2 or as otherwise agreed and approved by SANRAL. (For the avoidance of doubt this additional service shall not be confused with the quality assurance requirements applicable on work by the Consulting Firm). 1.4.13 Diagrams for Land Acquisition and Land Audits The cost for the preparation of diagrams and/or proclamation sketches as well as all other documents necessary for land acquisition are reimbursable as described in sub-section 3.5.8 and 4.5.8 of this Annexure. The stated maximum amount for acquisition diagrams shall only be exceeded if so agreed by SANRAL. Land Audits and proclamation sketches will be paid for on a time and cost basis in terms of Annexure 2 or as otherwise agreed to by SANRAL. 1.4.14 Charges raised by a Public Authority or any other Competent Authority Scrutiny, inspection, application and other formal charges raised by competent authorities, are reimbursable. 1.4.15 Computer Costs Computer costs incurred for design and reports for percentage fee appointments are not separately reimbursed unless agreed to by SANRAL. Computer costs incurred where the fee for the Project is charged on a time-cost basis (see Annexure 2) are reimbursable. 1.4.16 Special Insurance Special insurance taken out on the instruction of SANRAL is reimbursable. The methods and amounts of reimbursement shall be mutually agreed upon whenever this service is required. 1.4.17 Advertisements The actual cost of advertising on behalf of SANRAL, if instructed by SANRAL, is reimbursable. 1.4.18 Mechanical, Electrical and Electronic Engineering Services Mechanical, electrical and electronic engineering services shall be paid for in terms of applicable Gazetted fees in accordance with sub-section 4.2.2. 1.4.19 Building Services Architectural and quantity surveying services for building Works shall be paid for in accordance with Government Notice No R21787 of 1 December 2000 and Government Notice No R6957 of 15 December 2000 respectively, as amended from time to time.
5 1.4.20 Targeted Procurement Should SANRAL during any stage of the Project require the Consulting Firm to perform specifically identified and instructed additional work or services pertaining to targeted procurement (such as development of specifications or construction management) such work is in addition to normal services and will be paid for as agreed to by SANRAL in terms of 3.5.9 or 4.3.1 (f) or on a time and cost basis as per Annexure 2 as agreed to by SANRAL. 1.4.21 Special Services and Specialist Advice. The costs of special services and specialist advice (refer to sub-section 3.6) as described in sub-section 2.5 of this Annexure, carried out on behalf of SANRAL, with its prior consent and an agreed scope of Works (for the specialist and/or special service) are reimbursable separately in terms of Annexure 2 or as otherwise agreed where Gazetted fees other than those specified in this or other Annexures of the Agreement, are applicable. In the event of specialist advice the reimbursable costs shall be inclusive of the investigations and analysis to provide SANRAL with the appropriate technical solution(s). In the case of special services the reimbursable cost is only for the specific survey, tests or data required and exclude the analysis thereof, the cost of which is included in the percentage fees. 1.4.22 Diverse Other Services Costs incurred in providing any diverse other services as provided for in sub-section 2.6, remuneration for which has not been provided for under sub-sections 1.4.1 to 1.4.5 above are reimbursable in accordance with sub-sections 3.7 and 4.7 of this Annexure. A surcharge is payable as outlined in Annexure 2 of this Agreement. 1.4.23 Costs incurred on behalf of SANRAL All costs incurred by the Consulting Firm not forming part of any of the duties described above shall be reimbursed by SANRAL. A surcharge negotiable up to 10% will be payable to the Consulting Firm (refer sub-sections 3.8 and 4.8)
6 2. GENERAL PRESCRIBED DUTIES AND POWERS OF THE CONSULTING FIRM UNDER THE AGREEMENT 2.1. GENERAL Due to the diversity in the nature of the duties to be performed by the Consulting Firm, a distinction is made between the types of Works as well as the various Stages in which it is conducted as follows: 2.1.1 New Works The duties to be performed under the various Stages include but are not limited to the following: (a) Preliminary Investigation and/or Route Location Stage The preparation and submission of a report in accordance with SANRAL s current appropriate Codes, Manuals and Guidelines embodying preliminary proposals, feasibility studies or route locations, preliminary materials and geological appraisal, as well as estimates of cost, for consideration by SANRAL and which will include one or more of the following activities and/or such other activities as agreed upon: (i) (ii) (iii) (iv) (v) (vi) Consultation with SANRAL or its authorised representatives; Inspection of the site of the Works; Consideration of alternatives and advising SANRAL regarding advantages and disadvantages including reference to land use and acquisition feasibilities as required by SANRAL; Preliminary investigation, route location and design where any of these are required for determination of feasibility; Consultation with authorities having rights or powers of sanction as well as consultation with the public and stakeholder groups; Advice to SANRAL as to the need for surveys of any kind, analysis, tests and site or other investigations where such are to be carried out at SANRAL s expense; (vii) Searching for, obtaining, investigation and collation of available data, drawings and plans relating to the Works; (viii) Investigations, as may be required, of economical and financial implications in relation to the proposals or feasibility studies; (ix) (x) Advice to SANRAL as to regulatory and statutory requirements including environmental issues and management; The submission to SANRAL of progress and budget/cashflow reports as required indicating the progress made and the causes of delay and changes in the budget if any. (b) Preliminary Design Stage The preliminary design of the Works will include as many of the following as are necessary:
7 (i) (ii) (iii) (iv) (v) (vi) Compilation and submission of a Preliminary Design Report and a Preliminary Materials Report if required. Approval of the Preliminary Materials Report is required prior to the submission of the Preliminary Design Report; Advising SANRAL as to the need for any further surveys of any kind, analysis, tests and site or other investigations which may be required, and arranging for these to be carried out at SANRAL s expense; Advising SANRAL regarding environmental requirements and management plans and attending to the same; Advising SANRAL, as may be necessary, upon the appointment of and brief to other professional engineers, architects and specialist advisers and arranging such appointments and consultations with such advisers in matters affecting the Works; Preparation of preliminary design plans, land acquisition diagrams and/or proclamation sketches and/or land audits if so instructed and other drawings in accordance with SANRAL s current Codes, Manuals and Guidelines necessary for seeking approval of statutory authorities and beaconing of the road reserve; Consultation on technical matters with authorities and interested parties other than those having rights or powers of sanction; (vii) Making modifications to the preliminary design of the Works in connection with or dictated by the consultations aforesaid; (viii) Identification and reporting on services and owners as well as relocations/protection measures required; (ix) (x) (xi) Submission of estimates of capital and life cycle costs, financial implications and programmes for the implementation of the Works; The submission to SANRAL of progress and budget/cashflow reports as required indicating the progress made and the causes of delay and changes of the budget, if any; Reporting on property owners and land acquisition including provision of servitudes and other rights or restrictive conditions which may be registered on the property. SANRAL must be notified immediately in regard to unlawful occupation of land on the proposed route. (c) Detailed Design and Documentation Stage The preparation of all documents necessary to permit the Works to be tendered for or otherwise placed by SANRAL including as may be necessary: (i) (ii) (iii) advice to SANRAL as to the necessity for setting out or staking out the Works, establishment of construction beacons and arranging for such to be carried out; advice to SANRAL as to the need for any further surveys of any kind, analysis, tests or other investigations and land which may be required and arranging for these to be carried out and the compilation and submission of a final materials report; Advising SANRAL regarding environmental requirements and management and
8 attending to same as agreed with SANRAL; (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) (xii) preparation of designs inclusive of all calculations, drawings, specifications and Engineering schedules of quantities and proclamation sketches if so instructed in accordance with the requirements of SANRAL s current appropriate Codes, Manuals and Guidelines. All land acquisitions shall be preceded by land audits as required and agreed to by SANRAL; drafting, adapting and finalisation of the specifications, Project specifications, tender conditions, forms of tender and conditions of contract in accordance with the requirements of the current Codes, Manuals and Guidelines of SANRAL as to provide a complete set of tender/contract documents; agree with SANRAL regarding targeted procurement and incorporate the same into specifications and or design as required; estimates of the cost of the Works, using the unit rates of SANRAL s database if applicable; identify and advise SANRAL on communication channels, employment forums and issues impacting on the design. (This does not include arrangements for Labour Intensive or similar Projects refer to sub-section 2.6.1 of this Annexure); advice to SANRAL as to the provision of a construction monitoring service in according with inter alia sub-section 2.4.4 over and above that provided for under sub-section 2.1.1 (d); the timeous arrangement for the relocation of any services which may disrupt the construction programme; the submission to SANRAL of progress and budget/cashflow reports as required indicating the progress made and the causes of delay and changes of the budget, if any. Notifying SANRAL as a matter of urgency regarding unlawful land occupation. (d) Tender and Construction Stage The administration and other services in connection with the carrying out of the Works, including as may be necessary: (i) (ii) (iii) (iv) (v) The adaptation and/or finalisations of the tender/contract documents if so instructed by SANRAL; the timeous arrangement for the relocation of any services which may disrupt the construction programming if applicable; arranging and attending site inspections and furnishing information to prospective tenderers and selected sub-contractors; analysis of tenders and submission of recommendations on the acceptance of tenders and selected sub-contractors if required; advising SANRAL on alternative designs and tenders but excluding detailed inspection, reviewing and checking of alternative designs and drawings submitted by any tenderer;
9 (vi) checking Contractor's drawings of structures, plant, equipment and systems for the permanent Works for conformity with design requirements but excluding detailed checking of manufacture and installation details for erection or installation temporary formwork; (vii) advising SANRAL regarding the inspection and testing of such materials and plant as are usually overall contract administration and co-ordination as well as construction monitoring of the execution of the Works for compliance with the contract and attending site meetings, visiting the site for inspection at least one day every two weeks for the duration of the construction of the specific Works for which the Consulting Firm is engaged or at such more frequent intervals as the Consulting Firm may deem necessary to fulfil his obligations. (viii) appointment of suitable, able and capable site staff, to SANRAL s approval together with the administration of such staff; (ix) (x) (xi) arranging and attending monthly site meetings and keeping minutes of the meeting; making arrangements on behalf of SANRAL for the provision and reproduction of such drawings and documents as may be required by the Contractor and site staff for the execution of the Works; fulfilling all functions and obligations stated or implied for the Engineer, and delegated to the Engineer s Representative, in SANRAL s General Conditions of Contract, Standard Specifications, Special Conditions or Project Specifications or any other document applicable to the control and administration of a contract; (xii) issuing instructions to the contractor and directing site staff but excluding detailed and day to day supervision/inspections of the Works and site administration; (xiii) inspected and tested and arranging for such inspection and testing to be carried out in accordance with the current appropriate Codes, Manuals and Guidelines of, and all at the expense of SANRAL; (xiv) arranging for the carrying out of performance or acceptance tests and surveys as well as related correlation testing as required by SANRAL; (xv) monitor and report on training, development and empowerment programmes undertaken by the Contractor including assurance of the accuracy of the data submitted as well as RDP requirements; (xvi) checking and controlling of quantities measured and agreed by the Contractor and the site supervisory staff and settling the disputes which may arise in this regard; (xvii) issuing certificates for payment to Contractors and agreeing on quantities with the Contractor and reporting on expenditure and cash flow in relation to the contract amount; (xviii) advising SANRAL on disputes or differences that may arise between SANRAL and the Contractor, except for litigation and mediation;
10 (xix) issuing variation orders and extra work orders, as agreed with and approved by SANRAL; (xx) evaluating results of Contractor s commissioning procedures and tests and witnessing final performance of acceptance tests on site as maybe required, (xxi) provide SANRAL within 3 months of completion of the Works, with such materials as as-built records and all other "as built" plans, construction reports and operation and maintenance manuals (if required) as may be required for the operation and maintenance of the Works and preparing such documents as may be necessary to co-ordinate the drawings and manuals provided, in accordance with the current appropriate Codes, Manuals and Guidelines; (xxii) provide SANRAL with progress and other reports on all aspects of material importance regarding the Works as well as the budget and cash flow for the Project clearly indicating changes if any; (xxiii) attend to such matters as may arise during the defects liability period for the Works; (xxi) notifying SANRAL as a matter of urgency regarding unlawful land occupation. 2.1.2 Rehabilitation, Routine Maintenance or Toll Operations The duties to be performed under the various Stages include but are not limited to the following: (a) Initial Assessment Stage The preparation and submission of a report in accordance with SANRAL s current appropriate Codes, Manuals and Guidelines and will include as many of the following as are necessary as well as such items deemed necessary in terms of sub-section 2.1.1 (a) of this agreement: (i) (ii) (iii) (iv) (v) (vi) consultation with SANRAL or its authorised representatives; preliminary investigation, searching for and gathering of information on as-built data, pavement structure, traffic, etc; visual inspection of the road including drainage elements, structures, road side furniture, road reserve, as well as unlawful road reserve occupation. The latter shall be reported immediately to SANRAL; advising SANRAL as to the need for surveys of any kind using pavement surveillance equipment, investigations and tests where such are to be carried out; identifying sections where problems exist; any other required matters; (vii) compiling and submitting the Initial Assessment Report including provisional cost estimates and advice on further investigations or testing; (viii) submitting to SANRAL progress and budget/cashflow reports as required indicating the progress made and the causes of delay and changes in the budget, if any.
11 This Stage shall rarely be applicable to Routine Maintenance and shall specifically be called for by SANRAL. (b) Detailed Assessment Stage The Detailed Assessment will include as many of the following as are necessary over and above those applicable items in sub-sections 2.1.1 (b): (i) (ii) (iii) (iv) (v) (vi) advising SANRAL as to the need for any further surveys of any kind, tests and investigations which may be required, and arranging for these to be carried out; advising SANRAL as may be necessary, upon the appointment and co-ordination of the services of other professional engineers, architects and specialist advisers and arranging such appointments and consultations with such advisers in matters affecting the Works; identifying the cause and mechanism of any distress; analysing of the structural capacity of the existing pavement to determine the remaining life expectation thereof; recommending an appropriate Rehabilitation alternative including a comparison on an economic basis; and recommendation on immediate maintenance measures; compiling and submitting a detailed assessment report; (vii) the submission to SANRAL of progress and budget/cashflow reports as required, indicating the progress made and the causes of delay and changes in the budget, if any; (c) Detailed Design and Documentation Stage Refer to sub-section 2.1.1(c) which is relevant in so far as it is applicable For Routine Maintenance Projects the scope of the Work will be as agreed with and instructed by SANRAL. (d) Tender and Construction/Operation Stage Refer to sub-section 2.1.1(d) which is applicable. For Routine Maintenance Projects the scope of the Work for this Stage may be altered as agreed with and instructed by SANRAL. 2.2 FULL AND PARTIAL SERVICES SANRAL can enter into an Agreement with the Consulting Firm for a Full Service that entails the Work for all the Stages as described in sub-sections 2.1.1 and 2.1.2. herein. SANRAL, however, reserves the right to commission the Consulting Firm to undertake such Stage or Stages as specifically indicated in Part A of the Agreement. SANRAL further also reserves the right to change the members of a Joint Venture appointed for a following stage or stages of the Work. Any assignment that does not include all the Stages as described in subsections 2.1.1 and 2.1.2 (inclusive of those as a result of changed circumstances, abandonment and termination in terms of Clauses B26, B27 and B28 of Part B of the Agreement) shall be classified as a Partial Service and treated as described in sub-section 3.3 of this Annexure.
12 2.3 NORMAL DUTIES (FOR FEE APPOINTMENTS) Normal duties are such duties which normally form part of the assignment of the Consulting Firm and are reimbursed in terms of annually agreed upon Tables as per clauses 1.4.1 and 1.4.2 of this Annexure. SANRAL will normally not issue special instructions for the work as described in these sub-sections but the Consulting Firm is obliged to confirm expenditure in the budget reporting to SANRAL. The services rendered shall be in accordance with codes and procedures as prescribed by SANRAL from time to time. 2.4 ADDITIONAL SERVICES Services in connection with the items listed hereinafter are additional to the normal services of the Consulting Firm whom shall obtain the prior written approval of SANRAL for any such services to be carried out. 2.4.1 Technical Support Services Technical support services as described in sub-sections 1.4.7 and 3.5 of this Annexure may be carried out by the Consulting Firm, or any other reputable firm, by means of quotations and/or competitive tender as mutually agreed and approved by SANRAL. The Consulting Firm shall be responsible for the quantification of the work, entry upon land, compilation of schedules, control, processing and interpretation of data. The details and scope of the work must be agreed in principle with SANRAL prior to commencing therewith. 2.4.2 Provision of Site Laboratory and Survey Equipment (a) (b) (c) (d) (e) The Consulting Firm shall, if and when required by SANRAL to do so, provide the necessary equipment for a suitable site laboratory and survey office as mutually agreed beforehand between SANRAL and the Consulting Firm. The Consulting Firm shall provide (or obtain) a program for the SANAS accreditation of the site laboratory should the contract for the Works extend 9 months after 1 August 2005. The laboratory buildings, survey office and the fixed facilities needed therewith which are necessary for the supervision of the Works shall be provided by the Contractor for the use of the Consulting Firm at the cost of SANRAL. The type and extent of the buildings and facilities provided shall depend on the nature of the particular contract. All appropriate surveying and laboratory equipment and consumables necessary for the control and testing of materials, for the administration of the Construction Works, shall, unless otherwise agreed, be supplied by the Consulting Firm. The Consulting Firm shall arrange for periodic duplicate correlation testing of tests by the site laboratory by an agreed upon acceptable laboratory. (f) Laboratory and survey equipment shall be classified as indicated in Annexure 3. (g) (h) The details of all the apparatus and equipment required on site shall be agreed upon with SANRAL in terms of the Standard lists for surveying and site laboratories. Correlation testing for site laboratories and surveys shall be arranged and managed as agreed between the Consulting Firm and SANRAL.
13 2.4.3 Arranging of Site Inspection for Tender Arrangement of a tender site inspection if so instructed by SANRAL shall include the arrangement of a suitable venue, travel for site inspection and opening of test pits which costs shall be reimbursed by SANRAL. If necessary test pits shall be closed directly after the site inspection has been conducted or as agreed to with SANRAL. 2.4.4 Provision of Site Staff (a) (b) (c) (d) (e) Should SANRAL require the Consulting Firm to provide site staff, the Consulting Firm shall appoint to the satisfaction of SANRAL such competent site staff as may be necessary for the efficient checking of setting out, testing of the Works for conformance with specifications, day-to-day inspection of the construction of the Works, measuring up of the Works on site, and agreeing to the quantities with the Contractor's representatives. The Engineer s Representative, and his appointment to undertake the supervision, shall be approved by SANRAL as being acceptable. His appointment will on no account relieve the Engineer of any of the obligations entrusted to him. Where a full complement of site staff is not appointed, the Consulting Firm shall provide such additional services as are necessary for carrying out the functions described in sub-sections 2.1.1 (d) and 2.1.2 (d) of this Annexure. The Consulting Firm shall submit applications for approval by SANRAL of the personnel structure and details of the staff on the prescribed forms together with a detailed breakdown of their remuneration packages, which are to be signed by an external auditor. The accommodation arrangements of site staff shall be confirmed with SANRAL. Should site staff be allowed to use their own accommodation, Table 7 in Standard Annexure 3 shall be applicable. The distance travelled to own home or other accommodation from site will be agreed with SANRAL. The Consulting Firm shall in all instances ensure compliance with the relevant laws and regulations in this regard. 2.4.5 Engineering Management Services/Principal Agent of SANRAL (a) Engineering management services Should SANRAL specifically require the consultant to undertake duties of an Engineering Management nature of a group of engineering consultants of the same engineering discipline on behalf of SANRAL, the additional service will include the following: (i) (ii) (iii) Leadership of the professional team Be responsible for the overall administration of the Project including the coordination of the work of the team, the programming of the execution of designs and the overall financial control of the Project. Instruct the other members of the team, on behalf of SANRAL, in writing as to SANRAL's total requirements in connection with the Project, including the services required from each of the other members and make available to them all relevant information or data pertaining to the Project which is required by them. The other members of the team shall be entitled to rely upon the accuracy and completeness of such information and data furnished by the Consulting Firm.
14 (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) (xii) Convene and preside over regular meetings of the team and SANRAL, for purposes of planning the Project including preparing and distributing agendas and minutes to all concerned. Co-ordinate the preparation of a budget and cashflow for SANRAL together with assistance from other members of the team and update it at regular intervals as agreed with SANRAL. Prepare a construction and procurement plan and policy according to SANRAL's requirements with regard to types of contracts to be adopted, general and commercial conditions and the grouping of items and elements into various contracts. With assistance of the other members of the team, determine and recommend to SANRAL a policy for calling for tenders and/or negotiating contracts. Co-ordinate reports and recommendations on tenders received, either directly or by the other members of the team, and make recommendations to SANRAL on the award of contracts. Award all contracts on behalf of SANRAL and arrange for the preparation and signing of contract documents with the assistance of the other members of the team. Issue all instructions to Contractors, either directly or by delegation to the other members of the team. Convene and preside over regular meetings on site with Contractors, members of the team and SANRAL for the purpose of administering the contract including the preparation and distribution of agendas and minutes to all concerned. Process and certify all payment and valuation certificates and issue payment certificates for settlement. (b) Principal agent of SANRAL When a Consulting Firm is, in addition to his normal functions as Consulting Firm, appointed as the principal agent of SANRAL on a Project or Leader of the Professional Team, the Consulting Firm will also be responsible for the following: (i) (ii) (iii) (iv) (v) (vi) Leadership of the multi professional team. Submission of preliminary and developed proposals in the form of consolidated reports, drawings and specifications together with estimates and cashflow of costs for the Project as a whole. The overall administration of all sections of the Project including those, which fall within the ambit of the other professional members in the team. The overall co-ordination, programming of design and financial and cashflow control of the Project. Resolving differences that may arise between SANRAL and the Contractors, excluding mediation, arbitration or litigation. Approval of certificates for payment to Contractors issued by the other professional members in the team before their presentation to SANRAL for
15 settlement. (vii) Making arrangements to provide SANRAL, on completion of the Works, with such record drawings as may be required for a proper record of the Works as constructed and such manuals as may be required for the operation and maintenance of the relevant parts of the Works. (viii) Approval of the final contract account for the Project as a whole. (ix) Manage targeted procurement services as indicated in clause sub-section 2.4.10 if applicable. 2.4.6 Occupational Health and Safety Act, 1993 (Act No. 85 of 1993) The Consulting Firm must execute the duties of SANRAL, as his appointed agent, as contemplated in the Construction Regulations to the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993). The Consulting Firm 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, 1993 (Act No. 85 of 1993). Should SANRAL require the Consulting Firm to undertake additional duties falling under the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993) and the Construction Regulations in terms thereof, on behalf of SANRAL, the additional services will be remunerated for as agreed upon with SANRAL. If agreed to and instructed by SANRAL, a recognised specialist will be appointed for audit and other related work in terms of sub-section 2.5. 2.4.7 Quality Assurance System (Additional to Construction Monitoring) If SANRAL requires the Consulting Firm to provide and manage a quality assurance service to be applied to a construction Project, the duties shall be specifically defined and agreed to with the Consulting Firm. 2.4.8 Diagrams for land acquisition and land audit If so instructed by SANRAL the Consulting Firm shall undertake the preparation and submission of diagrams/drawings for the acquisition/proclamation of land in terms of SANRAL s requirements. The compilation of these details shall include the supplying of Deeds office search forms, copies of the Title Deeds, Bond details and S.G. Diagrams, as prescribed by SANRAL. These services may also include the undertaking of a land audit if so requested by SANRAL. 2.4.9 Further additional services (Sub-sections 1.4.14 to 1.4.19) The details of all further additional services as mentioned in sub-section 1.4.14 to and including 1.4.19 shall be specifically agreed to in writing by SANRAL. The services provider as may be applicable shall be to the approval of SANRAL. 2.4.10 Targeted procurement Should SANRAL during any stage of the Project, require the Consulting Firm to perform work or services pertaining to targeted procurement, over and above its normal requirements such work and or services could entail, but are not limited to, any or all of the following:
16 Setting up required documentation enhancing labour intensive work, measurement and payment etc. The arrangement for and selection of suitable contractors Management relating to training of contractor's and workmen The measuring of key participation indicators, The appointment and administration of participation and Auditing compliance to the above by any Contractors and/or professional consultants 2.5 SPECIAL SERVICES AND SPECIALIST ADVICE Special services and/or Specialist advice are those for which SANRAL requires special investigations or analysis as defined in sub-section 1.4.21. Such assignments may include: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) road network planning studies traffic, axle weight and transportation studies economic studies model studies hydraulic studies ecological studies terrain evaluation soil mapping and seismic or similar surveys management studies remedial Works to roads and bridges monitoring of road and bridge elements pavement surveillance surveys mediation, arbitration and litigation occupational health and safety audit or other related work or any other professional consultant or similar appointments not forming part of the normal services. The Consulting Firm shall, if and when required by SANRAL to do so, appoint such other specialists as required and agreed to by SANRAL to undertake work not normally forming part of the Consulting Firms duties. All such appointments shall be undertaken on an agreed basis with SANRAL. If so agreed or required by SANRAL, the above work may also be undertaken by the Consulting Firm if suitable expertise is available at the Consulting Firm. In terms of mediation, arbitration and litigation proceeding and similar services if required and ordered by SANRAL on his behalf, the extent thereof and remuneration therefore which is subject to agreement between SANRAL and the Consulting Firm; the services could include - Dealing with matters of law, obtaining parliamentary or other statutory approval, licenses or permits. Assisting with or participating in contemplated or actual mediation, arbitration or litigation proceedings. Officiating at or attending courts and commissions of enquiry, select committees and similar bodies convened by statute, regulation or decree. 2.6 DIVERSE OTHER SERVICES 2.6.1 Services by Consulting Firm The work for Diverse other services, as agreed shall be in accordance with the requirements