MODELFORM

The Association of Consulting Engineers of Namibia (ACEN) is a voluntary organisation of

individual Consulting Engineering Firms, formed to uphold standards, advance the profession
and promote the interests of its members.

ACEN is a member association of FIDIC – The International Federation of Consulting

Engineering Associations, based in Switzerland.

The Association is a focal point for contact between consulting engineers, the public,
government and government organisations and the private sector.

The Association publishes a variety of documents, including these Model Forms, which can be
obtained from the Secretary of the Association.

Copies of these and other documents can be obtained from:

The Secretary
Association of Consulting Engineers
CIF Building, 22 Stein Street
PO Box 25837
Windhoek
Namibia
Tel: +264-(0)61-227672
Fax: +264-(0)61-220980
E-mail: acen@mweb.com.na
Website: http://www.acen.org.na

The cost of these Model Forms:

N$ 50-00 for a A4 printed copy
N$ 500-00 for a pdf-version on cd
N$ 70-00 for Part 2 alone as a separate document in book form.

ACEN employs a full time professional engineer to interact with Clients and to assist them with
technical, legal and other matters related to member firms.

These Model Forms comprise the following components:

Part 1: Agreement
Part 2: Standard Conditions of Agreement & Fee Scales
Part 3: Special Conditions of Agreement

Appendices:
Appendix A: Scope of Services Required
Appendix B: List of Recommended Rates for Expenses
MODELFORM
PART1

AGREEMENT

SEPT
EMBER2005
Part 1: Agreement
This AGREEMENT is made between ……………………………………………………………….(the “Client”) of
Postal Address ………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………
Tel …………………………………… Fax………………………………….. E-mail …………………………………………………

Physical Address ………………………………………………………………………………………………………………………

………………………………………………………………………………………………………………………

AND ……………………………………………………………..……………….(the “Engineer”) of

Postal Address………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………
Tel …………………………………… Fax………………………………….. E-mail …………………………………………………

Physical Address ………………………………………………………………………………………………………………………

………………………………………………………………………………………………………………………

The Client intends to proceed with the following Project:

…………………………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………………………
and hereby engages the Engineer to provide professional Services as described in
Appendix A and the Engineer agrees to perform such Services for the remuneration
described in Part 2 of this document and disbursements as set out in Appendix B of this
document.

IN WITNESS WHEREOF the parties hereto have set their hand in the presence of the
subscribing witnesses:

at ...........................................on this ......... day of ........................................... 20.......

AS WITNESSES:

1. ................................. 2. .................................

................................................................
for and on behalf of the CLIENT

at ...........................................on this ......... day of ........................................... 20.......

AS WITNESSES:

1. .................................... 2. ....................................

.................................................................
for and on behalf of the CONSULTING ENGINEER*
(*a Registered Member Firm of the Association of Consulting Engineers of Namibia)

September 2005 Part 1 - Page 1

MODELFORM
PART2

STANDARD
CONDI
TIONSOF
AGREEMENTAND
RECOMMENDED
FEESCALES

SEPT
EMBER2005
Part 2: Standard Conditions of Agreement
& Recommended Fee Scales

The “Standard Conditions of Agreement and Recommended Fee Scales” consists of a separate
pre-printed document.

Copies of this document can be obtained from the Association of Consulting Engineers of
Namibia of N$200 per copy.

September 2005 Part 2 - Page 1

Standard Conditions of Agreement and
Recommended Fee Scales

Table of Contents

1. DEFINITIONS & INTERPRETATION ...................................................... 2

2. OBLIGATIONS OF THE ENGINEER ........................................................ 5
3. OBLIGATIONS OF THE CLIENT ............................................................. 6
4. DURATION OF AGREEMENT.................................................................. 7
5. REMUNERATION - GENERAL................................................................. 8
6. LIABILITY AND INSURANCE .............................................................. 10
7. GENERAL PROVISIONS ...................................................................... 11
8. SETTLEMENT OF DISPUTES ................................................................ 14
9. SCOPE OF SERVICES .......................................................................... 15
10. RECOMMENDED FEE SCALES .............................................................. 21

September 2005 Part2-Page 1

Standard Conditions of Agreement and
Recommended Fee Scales

1. DEFINITIONS & INTERPRETATION

1.1 DEFINITIONS
In this document unless the context indicates otherwise, an expression or word defined in
the Act has a corresponding meaning, and:

“Additional Services” means the Services, additional to Normal Services, defined as

such in the Scope of Services for the Project.

“Agreement” means this Agreement comprising the Agreement and Standard

Conditions of Agreement & Recommended Fee Scales and the Special Conditions of
Agreement, together with any appendices thereto, between the Client and the Engineer
for the provision of Services on the Project.

“Appendix A” means that component of the Model Form that defines the scope of the
Services to be provided by the Engineer for the Project.

“Appendix B” means the list of Recommended Rates for expenses that forms part of the
Model Form.

“Bill of Quantities” means a list of items, components or services to be priced by a

Contractor, broken down to a logical and practical level, which will enable the Engineer to
evaluate prices, payment claims and additional work, but excluding a simple list of prices of
countable items or components.

“Building Project” means any project involving alterations to existing works and/or the
construction of new works which comprise mainly works of a building nature and for the
planning of which the Client employs a team of building professionals and appoints one of
them as his Principal Agent for that project.

"Client" means the party named in this Agreement, who employs the Engineer.

"Contract" means the agreement or agreements between the Client, or his designated
representative, and the Contractor (s) for the execution of all or a portion of the Works
by the Contractor(s).

"Contract Documents" means all documents relating to the Works including those
issued by or through the Engineer or the Principal Agent, including, but not limited to,
the contract drawings, bills of quantities, specifications and schedules and any amendments
thereto.

September 2005 Part2-Page 2

 “Construction Monitoring” means the monitoring of construction by the Engineer of the
Engineering Works for compliance with the Contract Documents.

"Contractor" means any person or legal person under contract to the Client to execute
the Works or part thereof and includes any sub-contractor to whom any part of the Works
has been sub-let by a Contractor or by the Client.

"day" means the period between any one midnight and the next.

“Engineer” means the firm or individual who is a member firm of the Association of
Consulting Engineers of Namibia and is the contracting party named in the Agreement as
being engaged by the Client to perform the Services and of which the majority of
principals are registered with the Engineering Council of Namibia as Professional
Engineers or Incorporated Engineers.

“Engineering Council of Namibia” means the juristic body initially established as the
South West African Engineering Council in terms of Section 2 of the Engineering Profession
Act, 1986.

“Engineering Project” means any project involving alterations to existing works and/or
the construction of new works that comprise mainly works of an engineering nature and for
the planning of which the Client employs an engineer.

“Engineering Works” means that part of the Project for which the Engineer is
responsible.

“Model Form” means the document published by the Association of Consulting Engineers
that forms a logic unit with this document and contains Special Conditions of
Agreement, Appendix A, Appendix B and the Agreement.

"month" means a period of one month according to the Gregorian calendar commencing
with any day of the month.

“Normal Services” means the Services usually included in the four stages of a project,
as defined in the Scope of Services for that project, that the Client requires the
Engineer to perform on the Project.

"party" and "parties" means the Client and the Engineer and "third party" means any
other person or entity, as the context requires.

"Principal Agent” means the member of the professional team appointed by the Client to
take overall responsibility for the administration of the Project, including the work of other
members of the professional team.

"Project" means the project named in this Agreement for which the Services are to be
provided.

"Services" means the consulting engineering service to be performed by the Engineer in

accordance with this Agreement and comprises Normal Services and Additional
Services.

September 2005 Part2-Page 3

 "Special Conditions of Agreement" means those clauses in this Agreement and
Special Conditions of Agreement document that define those responsibilities of the
parties that are particularly applicable to the specified Project.

"Stage" means a stage of Normal Services, either the Report Stage, the Preliminary
Design Stage, the Design and Tender Stage or the Construction Stage, or any other Stage
of the Services to be performed by the Engineer, as described in this Agreement.

"Standard Conditions of Agreement" means that component of this document which

contains the standard clauses defining the responsibilities of the parties on matters which
are usually applicable to all forms of appointment of an Engineer as a consultant on a
project.

"Statutory Tax" means Value Added Tax, Sales Tax or any other statutory tax or levy
applicable to this Agreement.

“the Act” means the Engineering Profession Act, 1986 (Act No. 18 of 1986).

"Value of the Engineering Works” means the total amount, exclusive of Value Added
Tax, certified or which would be certified for payment to contractors (irrespective of who
actually carries out the work) in respect of the Engineering Works designed, specified or
administered by the Engineer, before deduction of liquidated damages or penalties,
including -
(a) a pro-rata portion of all preliminary and general items applicable to the
Engineering Works; and
(b) escalation during the pre-tender and construction period

(c) the costs of new materials, goods or equipment, or a fair valuation of such material,
goods or equipment as if new whether supplied new or otherwise by, or to, the Client
and including the cost, or a fair valuation of the cost, of installation (the sourcing,
inspection and testing of such will comprise Additional Services by the Engineer);

“Wet Services” means hot and cold water services, plumbing and internal drainage
systems, fire fighting systems including fire hydrants, reel systems including and sprinkler
installations.

"Works" means all the activities on the Project which the Contractor is under Contract
to the Client to perform or that are intended to be performed, including the supply of
goods and equipment.

“year” means a period of one year according to the Gregorian calendar commencing with
any day of the year.

September 2005 Part2-Page 4

1.2 INTERPRETATION
(1) The headings in this Agreement shall not be used in its interpretation.

(2) The singular includes the plural; the masculine includes the feminine and vice versa
where the context requires.

(3) If there is conflict between any of the provisions of this Agreement then the following
order of priority shall apply in the interpretation of the parties' obligations:

Part 3: Special Conditions of Agreement,

Appendix A – Scope of Services Required
Appendix B – List of Recommended Rates for Expenses
Part 2: Standard Conditions of Agreement and Recommended Fee Scales
Current publications of the Engineering Council of Namibia
Current publications of the Government of Namibia

(4) All monetary amounts exclude tax.

(5) Words or expressions in bold font are defined in Clause 1.1.

2. OBLIGATIONS OF THE ENGINEER

2.1 DUTY OF CARE

The Engineer shall exercise reasonable skill, care and diligence in the performance of the
Services.

2.2 EXERCISE OF AUTHORITY

Where the Services include the exercise of powers to certify, decide or exercise discretion
in terms of a contract between the Client and any third party, then the Engineer shall
act in accordance with that contract, but as an independent professional.

2.3 DESIGNATED REPRESENTATIVE

The Engineer shall designate in writing a person to act as his representative and such
person shall have complete authority to receive instructions and to give information to the
Client on behalf of the Engineer.

2.4 CO-OPERATION WITH OTHERS

The Engineer shall perform the Services in conjunction with any other engineers or
specialists who are providing services to the Project and he may make recommendations
to the Client in respect of such appointments for certain parts of the Project. The
Engineer shall only be responsible for his own performance and the performance of those
other engineers or specialists whom he has specifically appointed to assist him with the
Services.

September 2005 Part2-Page 5

2.5 NOTICE OF CHANGE
On becoming aware of any matter which shall materially change, or has changed, the
scope, cost or timing of the Services or the Works, the Engineer shall give notice to the
Client, save that the Engineer is empowered to make minor changes or valuations within
the overall programme or budget and within such parameters as are defined by the Client,
provided that such changes are reported timeously to the Client.

2.6 CONSTRUCTION STAGE SERVICES

The Engineer will monitor construction to the extent described in
9.1.5 or 9.2.2 of this document and indicated in Part 3 of the Model Form for Engineering
Services as well as in Appendix A.

The Engineer cannot ensure the performance of the Contractor nor guarantee against
failure by the Contractor to perform his work in accordance with the Contract. The
provision of construction stage services creates no contractual relationship between the
Engineer and the Contractor and the Engineer has no liability to the Contractor in any
way arising out of such Services.

3. OBLIGATIONS OF THE CLIENT

3.1 INFORMATION
The Client shall timeously provide to the Engineer, free of cost, all information that may
be reasonably required for the provision of the Services. The Engineer shall be entitled to
rely on the accuracy and completeness of such information furnished by or on behalf of the
Client.

3.2 DECISIONS
The Client shall give his decision in writing on all matters properly referred to him by the
Engineer within a reasonable time so as not to delay the Services or the Contract.

3.3 ASSISTANCE
The Client shall co-operate with the Engineer and shall not interfere with or obstruct the
proper performance of the Services. The Client shall as soon as it is reasonably possible:

(1) Authorise the Engineer to act as his agent as may be necessary for the performance
of the Services.

(2) Provide all available maps, plans, record drawings and other relevant information.

(3) Procure the Engineer's ready access to the Project site.

(4) Obtain all approvals, licences and permits from governmental, regional and municipal
authorities having jurisdiction over the Project, unless otherwise stated in Appendix
A.

September 2005 Part2-Page 6

 (5) Designate in writing a person to act with his complete authority to give instructions for
him and to receive information on his behalf.

3.4 SERVICES OF OTHERS

The Client shall at his cost engage such other engineers and specialists as may be
necessary for the proper completion of the Project. The Engineer shall cooperate with
such other engineers and specialists, but shall not be responsible for them or for their
performance.

3.5 NOTICE OF CHANGE

On becoming aware of any matter which materially shall change, or has changed, the
scope, cost or timing of the Services or the Works, or on becoming aware of any defect or
deficiencies in the Services or the Works, the Client shall give appropriate notice to the
Engineer.

3.6 ISSUE OF INSTRUCTIONS

Where the Engineer is required to administer the work of others or of any contract on
behalf of the Client, then the Client shall only issue instructions related to such work or
contract through the Engineer. Further, the Client shall not enter into any agreement or
contract which describes the duties of the Engineer or imposes obligations on him without
first obtaining the Engineer's written agreement thereto.

4. DURATION OF AGREEMENT

4.1 COMMENCEMENT
The appointment of the Engineer shall commence from the date of this Agreement or
from the time when the Engineer began to perform any of the Services provided for in
this Agreement, whichever is the earlier.

4.2 COMPLETION
Unless terminated under one of the other clauses, the appointment of the Engineer shall
be completed when the Engineer submits the final report or when he renders the closing
account, whichever is the later.

4.3 FORCE MAJEURE

If circumstances arise for which the Engineer is not responsible and which make it
impractical or impossible for the Engineer to perform the Services in the normal manner
as contemplated by the parties in accordance with this Agreement in whole or in part,
then the Engineer shall promptly notify the Client.

If in those circumstances certain Services have to be suspended, the time for their
completion shall be extended by the extent of the delay plus a reasonable period for their
resumption or, if the speed of performing certain Services has to be reduced, the time for
their completion shall be extended as may be necessary due to the circumstances. The
Client shall pay to the Engineer such additional fees and expenses as may be agreed as

September 2005 Part2-Page 7

 appropriate for the work undertaken by the Engineer in providing the necessary additional
Services.

4.4 TERMINATION BY THE CLIENT

The Client may suspend all or part of the Services or terminate this Agreement by notice
to the Engineer who shall immediately make arrangements to stop the Services and
minimise further expenditure.

4.5 TERMINATION BY THE ENGINEER

The Engineer may by notice of at least 30 days terminate this Agreement, or at his
discretion and without prejudice to the right to terminate, may suspend or continue
suspension of performance of the whole or part of the Services:

(1) when, 30 days after the due date for payment of any invoices, the Engineer has not
received payment of that part of it which has not by that time been contested in writing by
the Client, or

(2) when the Services have been suspended under either Clause 4.3 or 4.4 and the
period of suspension has exceeded 6 months, or it is clear to the Engineer that it will be
impossible or impractical to resume the suspended Services before the period of
suspension has exceeded 6 months, or

(3) if the Client is in material breach of a term of this Agreement and fails to rectify such
breach within 14 days of the receipt of written notice requiring him to do so.

4.6 PAYMENT DUE UPON SUSPENSION OR TERMINATION

Should instructions having been given by the Client to the Engineer to proceed with any
of the Stages of the Services and the whole or part of the Works is cancelled or
abandoned or postponed for a period of more than six months, the Engineer shall be
remunerated for Services performed, plus a surcharge of ten percent of the full fee which
would have been payable to the Engineer had his Services been completed in terms of his
engagement.

4.7 RIGHTS AND LIABILITIES OF THE PARTIES

Completion, suspension or termination of this Agreement shall not prejudice or affect the
accrued rights or liabilities of the parties.

5. REMUNERATION – GENERAL

5.1 PAYMENT
The Client shall pay the Engineer for Services rendered in accordance with the details
stated in the Special Conditions of Agreement which form part of this Agreement. He
shall further pay for any Additional Services in accordance with the principles contained
in the Special Conditions of Agreement or at rates and prices as stated in the Model
Form. Where a payment schedule has not been agreed then the Engineer will be entitled

September 2005 Part2-Page 8

 to render interim monthly invoices, based on progress, throughout the duration of the
Services.

5.2 DUE DATE FOR PAYMENT

In cases where a schedule for payment has been agreed the due dates for payment will be
in accordance with that schedule or as has otherwise been subsequently agreed between
the Client and the Engineer. In all other cases the due date for payment will be the date
of issue of the invoice.

5.3 TIME FOR PAYMENT

Amounts due to the Engineer shall be paid in full within thirty (30) days of the date of
issue of any invoice. If the Engineer does not receive payment by that time then he shall
be paid interest at the prevailing overdraft rate charged by his bank against his firm’s bank
account plus 3 percentage points per annum compounded daily calculated from the due
date for payment. A certificate from a duly appointed official of the Engineer's bank or a
copy of a recent bank statement shall be prima facie proof of the overdraft rate charged by
such bank on that account.

5.4 DISPUTED INVOICES

If any item or part of an item in an invoice submitted by the Engineer is disputed by the
Client, the Client shall give notice of such dispute, with reasons, before the time for
payment has expired, but shall not delay payment on the remainder of the invoice. Clause
5.3 shall apply to contested amounts which are finally determined to be payable to the
Engineer. Where the Client inadvertently overpays the Engineer then the Engineer
shall refund the excess amount on the same basis as in Clauses 5.3 and 5.4.

5.5 REIMBURSABLE EXPENSES

All expenses necessarily incurred by the Engineer in connection with the Services shall be
reimbursed on a monthly basis as an additional charge.

5.6 INDEPENDENT AUDIT

In the case of Services carried out on a time charge basis and for all other directly
reimbursable expenses the Engineer shall keep records which clearly identify such time
and expenses and shall retain such records for a period of one year after the completion or
termination of the Services. Within this period the Client may, on not less than 14 days
notice, require that a reputable and independent firm of accountants, nominated by the
Client and at the Client's expense, audit any such time and expenses claimed by the
Engineer by attending during normal working hours at the office where the records are
kept.

September 2005 Part2-Page 9

6. LIABILITY AND INSURANCE

6.1 LIABILITY OF THE ENGINEER

The Engineer shall only be liable to pay compensation to the Client arising out of or in
connection with this Agreement if a breach of Clause 2.1 is established against him.
Furthermore, the Client shall have no separate delictual right of action against the
Engineer.

6.2 LIABILITY OF THE CLIENT

The Client shall be liable to the Engineer arising out of or in connection with this
Agreement if a breach of an obligation in terms of this Agreement is established. The
Engineer shall have no separate delictual right of action against the Client.

6.3 COMPENSATION
If it is established that either party is liable to the other, compensation shall be payable
only on the following terms:

(1) Such compensation shall be limited to the amount of reasonably foreseeable loss and
damage suffered as a result of such breach.

(2) The compensation payable by either party shall be reduced by the

court/arbitrator/mediator to such extent as is deemed just and equitable having regard to
the degree in which the other party or any third party was at fault in relation to the loss
or damage. The liability of the parties is not joint and each party shall only be liable for
that proportion of the compensation, which is attributable to his fault.

(3) In any event, the amount of such compensation will be limited to the amount specified
in Clause 6.5.

6.4 DURATION OF LIABILITY

Not withstanding the terms of any applicable statute of limitation neither the Client nor the
Engineer shall be held liable for any loss or damage resulting from any occurrence unless
a claim is made in terms of Clause 8 within the period stated in the Special Conditions of
Agreement, or, where no such period is stated, within a period of three years from the
date of termination or completion of this Agreement.

6.5 LIMIT OF COMPENSATION

The maximum amount of compensation payable by either party to the other in respect of
liability under this Agreement is limited to an amount equal to twice the amount of fees
payable to the Engineer under this Agreement, excluding reimbursements and expenses
unless otherwise stated in the Special Conditions of Agreement.

Each party agrees to waive all claims against the other in so far as the aggregate of
compensation, which might otherwise be payable, exceeds the aforesaid maximum amount
payable.

September 2005 Part2-Page 10

 If either party makes a claim for compensation against the other party and this is not
established, the claimant shall reimburse the other for his reasonable costs incurred as a
result of the claim or if proceedings are initiated in terms of clause 8 for such costs as may
be awarded.

6.6 INSURANCE FOR LIABILITY AND INDEMNITY

The Engineer agrees to arrange and maintain professional indemnity insurance cover in
respect of the Services provided under this Agreement for the duration of the liability
period in terms of clause 6.4, and in accordance with the details set down in the Special
Conditions of Agreement.

6.7 INDEMNITY BY THE CLIENT

The Client shall indemnify the Engineer against all claims by third parties which arise
out of or in connection with the rendition of the Services save to the extent that such
claims do not in the aggregate exceed the limit of compensation in clause 6.5 or are
covered by the insurance cover arranged under the terms of clause 6.6.

6.8 EXCEPTIONS
Clauses 6.5 and 6.7 shall not apply to claims arising from deliberate misconduct.

6.9 RIGHTS OF RECOURSE

Notwithstanding the provisions of clauses 2.1, 2.6 and 6.1 of the Conditions of
Agreement and any other contractual duty imposed on the Engineer in terms of contract
documents, the Client undertakes to exhaust all its contractual remedies against the
Contractor, before exercising any contractual rights of recourse it may have against the
Engineer in the event of the Client suffering any damages as a result of any breach by the
Contractor of his obligations in terms of the contract documents.

7. GENERAL PROVISIONS

7.1 GOVERNING LAW

This Agreement shall be governed by the law of the Republic of Namibia.

7.2 CHANGES IN LEGISLATION

If, after the date of this Agreement, the cost or duration of the Services is altered as a
result of changes in, or additions to, any statute, regulation or by-law, or in the
requirements of any authority having jurisdiction over any matter in respect of the Project,
then the agreed remuneration and time for completion shall be adjusted in order to reflect
the impact of those changes.

September 2005 Part2-Page 11

7.3 ASSIGNMENTS AND SUB-CONTRACTS
(1) Should the Engineer, being an individual or the last survivor of a partnership or body
corporate, die or be prevented by illness or any other circumstances beyond his control
from performing the obligations implied by this Agreement, this Agreement shall be
terminated without prejudice to the accrued rights of either party against the other.

(2) Except as defined in (1) above, each party binds itself and its partners, successors,
executors, administrators, assigns and legal representatives to the other party to this
Agreement and to the partners, successors, executors, administrators, assigns and legal
representatives of the other party in respect of all obligations and liabilities of this
Agreement.

(3) Neither party shall assign, sublet or transfer any right or obligation under this
Agreement without the written consent of the other party, which consent shall not be
unreasonably withheld. Unless specifically stated to the contrary in any written consent to
an assignment, no assignment shall release or discharge the assignor from any obligation
under this Agreement.

(4) The Engineer shall not without the written consent of the Client, which consent shall
not be unreasonably withheld, initiate, vary or terminate any sub-contract for performance
of all or part of the Services.

7.4 OWNERSHIP OF DATA, DESIGNS AND DOCUMENTS

The Engineer shall retain copyright of all documents prepared by him. The Client shall be
entitled to use them or copy them only for the Project and the purpose for which they are
intended and need not obtain the Engineer's permission to copy for such use;

The ownership of data and factual information collected by the Engineer and paid for by
the Client shall, after payment by the Client, lie with the Client;

The Client shall have no right to use any documents referred to in this Clause where any or
all of the fees and expenses payable to the Engineer have not been paid in accordance
with this Agreement.

In the event that the parties agree that the copyright in the documents shall be ceded to
the Client then the Engineer shall not be liable in any way for the use of any of the
information other than as originally intended for the Project and the Client hereby
indemnifies the Engineer against any claim which may be made against him by any party
arising from the use of such documentation for other purposes.

7.5 CONFLICT OF INTEREST AND CORRUPTION

Unless otherwise agreed in writing by the Client, the Engineer and his personnel shall
have no interest in nor receive remuneration in connection with the Project except as
provided for in this Agreement. The Engineer shall not engage in any activity, which may
conflict with the interests of the Client under this Agreement.

September 2005 Part2-Page 12

 Notwithstanding any damages that may be claimed against the Engineer in law, the Client
will be entitled to terminate this Agreement in accordance with Clause 4.4, if it is shown
that the Engineer is guilty of:

(1) offering, giving, receiving or soliciting anything of value with a view to influencing the
behaviour or action of anyone, whether a public official or otherwise, directly or indirectly in
the selection process or in the conduct of this Agreement; or

(2) misrepresentation of facts in order to influence a selection process or the execution of

a contract to the detriment of the Client, including the use of collusive practices
intended to stifle or reduce the benefits of free and open competition.

No surcharge for termination as specified in Claude 4.6 will be applicable if it is shown that
the Engineer is guilty.

7.6 NOTICES
Notices under this Agreement shall be in writing and will take effect from receipt at the
physical address stated in the Special Conditions of Agreement, Clause 7.6 Delivery
may be by registered letter or by hand against written confirmation of receipt or by
facsimile.

7.7 PUBLICITY AND PUBLICATION

Unless otherwise specified in the Special Conditions of Agreement the Engineer shall
not release public or media statements or publish material related to the Services or
Project within two (2) years of completion of the Services without the written approval of
the Client, which approval the Client shall not unreasonably withhold. The Client shall
not make premeditated public or media statements relating to the Services provided by
the Engineer without the prior and full knowledge and approval of the Engineer.

7.8 CONFIDENTIALITY
Both parties shall keep all commercially sensitive information obtained by them in the
context of this Agreement confidential and shall not divulge it without the written approval
of the other party.

7.9 VARIATIONS
(1) The Client may order variations to the Services in writing or may request the
Engineer to submit proposals, including the time and cost implications, for
variations to the Services;

(2) The reasonable cost of preparation and submission of such proposals and the
incorporation into this Agreement of any variations to the Services ordered by
the Client, including any increase in the Engineer's fees and reimbursable costs,
shall be agreed between the Engineer and the Client.

September 2005 Part2-Page 13

7.10 ELECTRONIC COMMUNICATIONS
The parties agreement regarding electronic communication is recorded in Part 3: Special
Conditions of Agreement, Clause 7.10

7.11 SOLE AGREEMENT

This Agreement together with the attachments and appendices detailed in the
Agreement and Special Conditions of Agreement constitutes the sole agreement for
the Services between the parties and no representation not contained herein shall be of
any force or effect between the parties. No amendments will be of any force and effect
unless reduced to writing and signed by both parties as expressly intended to form part of
this Agreement.

8. SETTLEMENT OF DISPUTES

8.1 SETTLEMENT
The parties shall negotiate in good faith with a view to settling any dispute or claim arising
out of or relating to this Agreement and may not initiate any further proceedings until
either party has, by written notice to the other, declared that such negotiations have
failed.

8.2 MEDIATION / ADJUDICATION

Any such dispute or claim, which cannot be settled between the parties, may be referred
by the parties, without legal representation, to mediation by a single mediator. The
mediator shall be selected by agreement between the parties and, failing such agreement,
shall be nominated by the President of the Association of Consulting Engineers of
Namibia. The costs of the mediation shall be borne equally between the parties unless
otherwise directed by the mediator.

8.3 ARBITRATION/LITIGATION
If either party is unwilling to agree to mediation or is dissatisfied with the opinion
expressed by the mediator or if the mediation fails then such party may: -

8.3.1 Serve process instituting action arising out of such dispute or difference in a competent
civil court; or

8.3.2 With the consent of the other party refer the dispute to arbitration by a single arbitrator to
be mutually agreed upon or, failing agreement, to be nominated by the President of the
Association of Consulting Engineers of Namibia. The arbitration shall be in
accordance with the provisions of the Arbitration Act of 1965 as amended and shall be
conducted in accordance with such procedure as may be agreed between the parties or,
failing such agreement, in accordance with the Rules for the Conduct of Arbitrations
published by Professional Association for Mediation and Arbitration of Namibia (PAMAN) or
failing that, the Southern African Association of Arbitrators current at the date the
arbitrator is appointed.

September 2005 Part2-Page 14

8.3.3 Service of process under Clause 8.3.1 or referral to arbitration under Clause 8.3.2 shall
take place within three months of the date of notice from either party declaring that the
settlement negotiations under Clause 8.1 have failed, or, if mediation is agreed on, within
three months of the date of the mediator's opinion or the date upon which the mediator
declares that the mediation has failed. Claims not brought within the time periods set out
herein will be deemed to have been waived.

9. SCOPE OF SERVICES

9.1 NORMAL SERVICES

9.1.1 REPORT STAGE

The Engineer shall prepare and submit a report embodying preliminary proposals or
feasibility studies and estimates of cost and time where appropriate for consideration by
the Client. To complete the report he will do all or any of the following:

(1) Consult the Client or Client’s authorized representative.

(2) Inspect the site of the Project.
(3) Investigate route location and execute a level of design appropriate to allow project
decisions to be made, where any of these are required for the determination of
feasibility.
(4) Consult authorities having rights or powers of sanction and the public and stakeholder
groups.
(5) Advise the Client on regulatory and statutory requirements, including environmental
studies and procedures 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 arrange for these to be carried out at the Client’s expense.
(6) Search for, obtain, investigate and collate available data, drawings and plans relating
to the works.
(7) Investigate financial and economic implications relating to the proposals or feasibility
studies.
(8) Clause 9.1.1(7) does not apply in respect of civil and structural services pertaining to
building projects, except as far as the interpretation of cost figures for civil and
structural services are concerned.

The report shall be regarded as a part of the normal service for projects, but
payment shall be on a time based fee as stated in clause 10.2.4.

9.1.2 PRELIMINARY DESIGN STAGE

Following the Client’s instruction to proceed, the Engineer shall develop preliminary
proposals and begin the basic planning of the Project. In this Stage the Engineer shall
do all or any of the following:

(1) Submit a basic planning report.

(2) Establish final design criteria.

September 2005 Part2-Page 15

 (3) Advise the Client on regulatory and statutory requirements, including environmental
studies and procedures and the need for any further surveys, analyses, tests and site
or other investigations, as well as approvals, which may be required and arrange for
these to be carried out at the Client’s expense. This advice is to be concluded by the
Engineer with the interpretation of the results of these tests and investigations,
including geo-technical and/or foundation investigations, together with a report
containing recommendations to be applied to and incorporated in designs. The
Engineer will also ensure that the design complies with the statutory requirements of
the Environmental Act
(4) Advise the Client, where necessary, on the engagement of and the definition of the
services of other consultants and advisers, arrange such engagements and consult
with those engaged on matters pertaining to the Project.
(5) Design any process or system or refine the preliminary process design, where such
process design is a prerequisite for the design of the Project.
(6) Prepare and submit to the Client preliminary plans, drawings and estimates required
for seeking the approval of statutory authorities and the Client.
(7) Consult, on all technical matters, the Client, authorities and interested parties, other
than those having rights or powers of sanction, and make modifications to the
preliminary design of the works arising out of such consultations.
(8) Submit estimates of capital and life cycle costs, financial implications and programmes
for the implementation of the works.
(9) Clause 9.1.2(5) does not apply in respect of civil and structural services pertaining to
building projects.
(10) Clause 9.1.2(8) does not apply in respect of civil and structural services pertaining to
building projects, except as far as inputs to and assessment of programmes for civil
and structural services are concerned or on projects where all financial, tender and
contractual matters are handled by other parties.

9.1.3 DESIGN AND TENDER STAGE

Following the Client’s instruction to proceed with the preparation of all documents
necessary to enable tenders for the works to be invited or for the works to be otherwise
placed by the Client, the Engineer shall do all or any of the following:
(1) Advise the Client on the need for further surveys, special visits, use of specialist
consultants, setting out or staking out the works, and arrange for such to be carried
out at the Client’s expense.
(2) Prepare detail designs and tender and/or working drawings.
(3) Prepare specifications and schedules of quantities for Engineering Works.
(4) Provide information necessary for the design of other services.
(5) Submit updated and revised estimates, capital and life cycle costs, financial
implications and programmes for implementation of the works previously submitted.
(6) Draft or adapt invitations to tender, tender conditions, forms of tender and conditions
of contract, advising the Client on tender strategies and suitable contractors and call
for tenders when instructed to do so by the Client.
(7) Advise the Client on any alternative designs and tenders, but excluding detailed
inspection, reviewing and checking of alternative designs and drawings not prepared
by the Engineer and submitted by any Contractor or potential Contractor.
(8) Analyse tenders and submit recommendations on the acceptance of tenders. Revise, if
necessary, estimates of the cost and the completion date of the works.
(9) Advise the Client on the provision of a construction monitoring service in
accordance with clause 9.2.2, over and above that provided for under clause 9.1.5(3).

September 2005 Part2-Page 16

 (10) Clauses 9.1.3(3), 9.1.3(6) and 9.1.3(8) do not apply in respect of civil and structural
Services pertaining to building projects or on projects where all financial, tender
and contractual matters are handled by other parties.
(11) Clause 9.1.3(5) does not apply in respect of civil and structural Services pertaining to
building projects or on projects where all financial, tender and contractual matters
are handled by other parties, except as far as inputs to and assessment of
programmes for such Services are concerned.

9.1.4 WORKING DRAWING STAGE

Unless and until the Client instructs him to the contrary, the Engineer shall continue to
complete his working drawings. These will include any further plans, designs and drawings,
excluding shop details, which may be necessary for the execution of the works.
(1) In the case of reinforced concrete works, working drawings must include bending
schedules.
(2) In the case of structural steel works, working drawings and details provided by the
Engineer must include full information, dimensions and specifications on all sections,
connections, plates, fasteners, bolts and welding, to such an extent that no further
designs by contractors or other parties are required. The Engineer need not provide
shop drawings for the manufacture of the structural steel works.

9.1.5 CONSTRUCTION STAGE

During construction of a building project the Engineer shall assist with administration
and co-ordination of the Contract and shall monitor construction of the Engineering
Works for compliance with his Contract Documents.

During construction of an engineering project the Engineer shall administer and co-
ordinate the Contract and shall monitor construction of the Works for compliance with the
Contract.

Monitoring construction to this extent and attending site meetings will normally require that
the Engineer visits the site once every two weeks or once a month in the case of remote
sites. Should the Engineer, at his sole discretion, deem it necessary to visit the site more
frequently to discharge these responsibilities, such extra visits shall be reimbursed on a
time and cost basis as Additional Services.

During the Construction Stage the Engineer shall do all or any of the following:
(1) Place orders for the works on behalf of the Client.
(2) Advise the Client on the preparation of the Contract Documents, or prepare the
Contract Documents in consultation with the Client.
(3) Direct construction monitoring operations, but excluding detailed day-to-day
construction monitoring of the works and contract administration, as provided for
under clause 9.2.2.
(4) Advise the Client on the provision of a construction monitoring service in
accordance with clause 9.2.2, over and above that provided for in this clause.
(5) Check contractor’s drawings of structures, plant, equipment and systems for the
works for conformity with design requirements, but excluding detailed checking of
manufacture and installation details for erection or installation fit.
Drawings shall be marked with the words: “Checked and accepted for general
compliance with specifications”.

September 2005 Part2-Page 17

 (6) Advise the Client on any further alternative designs, but excluding detailed inspection,
reviewing and checking of alternative designs and drawings not prepared by the
Engineer and submitted by any Contractor.
(7) Issue instructions to Contractors on behalf of the Client.
(8) Issue certificates or recommendations for payment of the Contractor and submit
regular reports regarding the finances of the works and anticipated completion dates
and final costs.
(9) Advise the Client on the resolution of disputes or differences that may arise between
the Client and the Contractor, except mediation/adjudication, arbitration and/or
litigation.
(10) Prepare and issue variation orders on behalf of and after consultation with the Client.
(11) Generally inspect materials and equipment for compliance with the design, including
checking of marks or documentation for adherence to National and International
standards and advise the Client regarding further inspection and testing of such
materials and equipment as may be necessary and arrange for such inspection and
testing to be carried out on behalf of and at the expense of the Client.
(12) Make arrangements on behalf of the Client for the provision and reproduction at the
Client’s expense of such drawings and documents as may be required by the
Contractor and site staff for the execution of the works.
(13) Agree final quantities with the Contractor, compile the final account and issue the
final payment certificate.
(14) Prepare and, on completion of the works, provide the Client with As Built drawings.
Any alterations made to existing documents to convert them into As Built drawings are
chargeable under Additional Services. Make arrangements for the Contractor to
supply detailed operation, operating and maintenance manuals as part of his
contractual obligations, receive such and hand them over to the Client. All sets of
documents shall be in formats as previously agreed with the Client.
(15) Evaluate results of the Contractor’s commissioning procedures and tests and witness
final performance or acceptance tests on site, but excluding day-to-day routine tests.
(16) Clauses 9.1.5(1), 9.1.5(2), 9.1.5(7), 9.1.5(8), 9.1.5(9), 9.1.5(10), 9.1.5(13) and
9.1.5(15) do not apply in respect of civil and structural Services pertaining to
building projects or on projects where all financial, tender and contractual matters
are handled by other parties.

9.2 ADDITIONAL SERVICES

The following Services are additional to the Normal Services provided by the Engineer,
unless specifically agreed otherwise between the 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. In the absence of such written agreement
Additional Services will be chargeable on a time and cost basis.

9.2.1 ADDITIONAL SERVICES PERTAINING TO ALL STAGES OF THE PROJECT

(1) Enquiries not directly concerned with the works and its subsequent utilisation.
(2) Valuation for purchase, sale or leasing of plant, equipment, material, systems, land
or buildings or arranging for such valuation.
(3) Making arrangements for way leaves, servitudes or expropriations.
(4) Negotiating and arranging for the provision or diversion of services not forming part
of the works.

September 2005 Part2-Page 18

 (5) 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 Engineer’s control.
(6) Surveys, analyses, tests and site or foundation or other investigations, model tests,
laboratory tests and analyses carried out on behalf of the Client.
(7) Setting out or staking out the works and indicating any boundary beacons and
other reference marks.
(8) Preparation of drawings for manufacture and installation or detailed checking of such
for erection or installation fit.
(9) Detailed inspection, reviewing and checking of designs and drawings not prepared
by the Engineer and submitted by any Contractor or potential Contractor as
alternative to those embodied in tender or similar documents prepared by the
Engineer.
(10) Inspection and testing, other than on site, of materials and plant, including
inspection and testing during manufacture.
(11) Preparing and setting out particulars and calculations in a form required by any
relevant authority.
(12) Abnormal additional services by or costs to the Engineer due to the failure of a
Contractor or others to perform their required duties adequately and timeously.
(13) Executing or arranging for 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.
(14) Investigating or reporting on tariffs or charges leviable by or to the Client.
(15) Advance ordering or reservation of materials and obtaining licences and permits.
(16) Preparing detailed operating, operation and maintenance manuals.
(17) 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 Engineer to advise 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
Engineer and the Client prior to the execution thereof.
(18) Exceptional arrangements, communication, facilitation and agreements with any
stakeholders other than the Client and contractors appointed for the works on
which the Engineer provides Services.
(19) Any other additional services, of whatever nature, specifically agreed to in writing
between the Engineer and the Client.

9.2.2 CONSTRUCTION MONITORING

(1) If the construction monitoring, as set out in clause 9.1.5(3), is deemed to be
insufficient by the Engineer, the Engineer may, with the prior written approval of 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 construction monitoring are to be limited to detailed inspections and
exclude those mentioned under clause 9.1.5. which are deemed as part of normal
duties which are deemed as part of normal services.
(2) Alternatively, the Client may appoint or make available staff, as intended in clause
9.2.2(1), subject to approval by the Engineer.

September 2005 Part2-Page 19

 (3) Staff, as intended in clauses 9.2.2(1) and 9.2.2(2), shall report to and take
instructions from the Engineer or an authorized representative of the Engineer only
and shall be deemed to be in the employ of the Engineer.
(4) Should any change regarding the persons utilized for additional on-site construction
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.
(5) If, for any reason, no additional staff or inadequate staff for construction monitoring
is appointed, the Engineer shall provide additional services, including additional site
visits, as required and agreed to in writing by the Client prior to commencement
thereof.
(6) The duties of the Engineer’s construction monitoring staff for the four defined levels
shall be:

For Level 1:
(i) Monitor the outputs from another party's quality assurance programme against the
requirements of the plans and specifications.
(ii) Visit the works at a frequency agreed with the Client to review important
materials, critical work procedures and/or completed elements or components.
(iii) Be available to advise the Contractor on the technical interpretation of the plans
and specifications.

For Level 2:
(i) Review, preferably at the earliest opportunity, a sample of each important
(a) Work procedure
(b) 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.
(ii) Visit the works at a frequency agreed with the Client to review important
materials, critical work procedures and/or completed elements or components.
(iii) Be available to provide the Contractor with technical interpretation of the plans
and specifications.

For Level 3:
(i) 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.
(ii) Be available to provide the Contractor with technical interpretation of the plans
and specifications.

For Level 4:
(i) Maintain a full time presence on site to constantly review -
(a) Work procedures
(b) Construction materials
for compliance with the requirements of the plans and specifications and review
completed work prior to enclosure or on completion as appropriate.
(ii) Be available to provide the Contractor with technical interpretation of the plans
and specifications.

September 2005 Part2-Page 20

9.2.3 PRINCIPAL AGENT OF THE CLIENT
When an Engineer is, in addition to his normal functions as Engineer, appointed as the
Principal Agent of the Client on a Project, the Engineer will also be responsible for the
following:

(1) Leading the professional team;

(2) Submitting preliminary and developed proposals in the form of consolidated reports,
drawings and specifications together with estimates of costs for the Project as a
whole;
(3) The overall administration of all sections of the Project, including those that fall within
the ambit of the other professional members of the team;
(4) The overall coordination, programming of design and financial control of the Project;
(5) Resolving differences that may arise between the Client and the Contractor,
excluding mediation, arbitration or litigation;
(6) Approving certificates for payment to contractors issued by the other professional
members in the team before their presentation to the Client for settlement;
(7) Making arrangements to provide the Client, 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 rele-
vant parts of the Works;
(8) Approving the final contract account for the Project as a whole;

9.2.4 MEDIATION, ARBITRATION, ADJUDICATION AND LITIGATION

PROCEEDINGS AND SIMILAR SERVICES
Where the Client requires the Engineer to perform, on his behalf, the services
listed hereunder or similar work, the extent thereof and remuneration therefore is
subject to agreement between the Client and the Engineer and payment will be
done on a Time based fee:
(1) Dealing with matters of law, obtaining parliamentary or other statutory
approvals, licences or permits.
(2) Preparation for and assisting with or participating in contractor’s disputes,
claims and mediation, adjudication, 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.

10. RECOMMENDED FEE SCALES

10.1 APPLICATION OF TARIFF OF FEES

(1) The tariff of fees contained in this document applies in respect of the Services set out
in clause 9.

(2) The Client should remunerate the Engineer for the Services rendered on the basis
of clauses 10.2 to 10.5. In cases where the Client and Engineer have agreed that
clauses 10.2 (Fees for Normal Services) and 10.3 (Fees for Additional Services) are
not applicable, payment should be on the basis of clause 10.4 (Time Based Fees).

September 2005 Part2-Page 21

 3) The Client shall reimburse the Engineer for all expenses and costs incurred in terms
of clause 10.5 in performing his Services, irrespective of whether fees are charged in
terms of clauses 10.2 and 10.3 or clause 10.4, as well as for all costs incurred on
behalf of, and with the approval of, the Client.

(5) Agreement on any adjustment of or special fees should be reached at the time of the
engagement of the Engineer or as soon as is practically possible, but in all cases prior
to the Engineer rendering Services that may be affected.

(6) Where the Normal Services relate to more than one of the disciplines of consulting
engineering, namely civil, electrical, electronic, mechanical or structural engineering
services, a separate fee shall be calculated for the Services in each discipline provided
that where separate contracts with separate tender documents are used for
components within a discipline, a separate fee shall be calculated for each component
within a discipline.

(7) The following list shall be used as guideline to determine the discipline of work on
which the fees shall be based:

Civil
Canals
Coastal Engineering
Corrosion Protection
Docks and Harbours
Flood Protection
Irrigation
Land use and Regional Planning
Marine Structures
River Engineering
Rural Development
Earthworks and Earth Retaining Structures
Engineering Surveys
Farm Structures
Hardening and Protective Structures
Masts
Military Installations
Mine Structures
Silos
Sport Complexes
Swimming Pools
Towers
Borrow pit surveys
Foundation investigations
Materials testing
Rock Mechanics
Soil investigations
Soil nailing
Tunnels
Building drainage
Management of solid waste

September 2005 Part2-Page 22

 Pumping installations
Sewerage disposal
Sewerage reclamation
Sewerage reticulation
Sewerage treatment works
Electrical supply and distribution network
Roads and streets
Sewerage reticulation and treatment
Stormwater management
Town planning
Water supply and distribution
Airfields
Airports
Bridges
Freeways/motorways
Pavement management
Railways
Roads
Traffic Engineering
Hydrology
Hydropower
Irrigation
Network Analyses
Pipelines
Pump and pump stations
Purification
Supply and reticulation
Water retaining structures
Water storage
Water resource development
Aluminium
Load bearing brickwork
Pre-stressed concrete
Reinforced concrete
Steel structures
Timber structures
Other materials
Cladding
Piling
Lateral support systems
Abattoirs
Bridges
Churches
Clinics and hospitals
Foundations
Hangars
High rise buildings
Institutional buildings
Piling
Public and commercial buildings

September 2005 Part2-Page 23

 Retaining walls
Schools
Shopping malls

Mechanical
Boiler Plants and Auxiliaries
Steam and Condensate Systems
Calorifier Plants
Water and Waste-Water Treatment Plants
Hot Water Heating Installations
Fire Protection Systems
Compressed Air Services
Medical Gas Services
Medical Vacuum Services
Gas Supply & Distribution
Air Conditioning and Ventilation Systems
Refrigeration Installations and Cold Stores
Cooling Water Systems
Food Preparation, Cooking, Conveying and Serving Equipment
Laundry Equipment and Services
Sterilizing and Bedpan Washing or Disposal Equipment
Conveyor Installations and Equipment
Central Vacuum – Cleaning Installations
Thermal Insulation
Vibration Control
Acoustic Design and Treatment
Power Generating Plant and Systems
Pump Systems
Lifts, Hoist and Escalators
Hot Water Services
Cold Water Services
Plumbing, Irrigation and Drainage Internal To or Attached To A Building.
Fire Hydrant and Hose Reel Systems Including Sprinkler Installations.

Electrical & Electronic

Incoming Electrical Supplies
Electrical Sub–Stations
Electrical Power Generating Installations
Photovoltaic Systems
Electrical Transmission and Distribution Systems
Electric Lighting and Power Installations, Including Lighting Fittings
Electric Heating Installations
Street Lighting and Systems
Lightning Protection Systems
UPS And Batteries Systems
Electrical Fences
Telephone Equipment and Distribution Systems
Fire Detection and Alarm Systems
Public Address, Personnel – Location and Call Systems
Radio and Television Installations

September 2005 Part2-Page 24

 Electronic Security Systems
Electronic Control Systems
Electronic Flight Guidance Equipment
Computer Systems
Design of Electronic Modules
Building and Energy Management Systems
Measurement, Control and Feedback Techniques
Electronic Instrumentation, Process Control and Automation
Data Processing
Telemetry and Telecontrol
Radio Communication Networks
Communication Systems
Power Electronic Systems

(8) Where, whether at the instance of and with the consent of the Client or as a result of
circumstances beyond the Client’s control, the works are undertaken on separate
non-contiguous sites, continuity is interrupted or the works are unusually fragmented
or are constructed as separately documented phases or sections, the fee for Normal
Services is the sum of the fees calculated separately for each site, contract, phase or
section as if they were separate works.

(9) The fee for Services provided in the report stage is calculated on a time basis.

(10) The following fees may be claimed after each stage of Services, or monthly or as
agreed between the Engineer and the Client:
(a) Percentage fees determined on the basis of the value of the works prevailing at
the time of the fee calculation and pro-rata to the completed Services as set out
in section 10.2.4 of this document.
(b) Time based fees applicable when the Services were rendered.

(11) Reimbursements as set out in clause 10.1(3) may be claimed monthly.

10.2 RECOMMENDED FEES FOR NORMAL SERVICES

10.2.1 RECOMMENDED FEE FOR ENGINEERING SERVICES PERTAINING TO

BUILDING PROJECTS AND ENGINEERING WORKS

10.2.1.1 Introduction
Fee for Consulting Engineering services will be calculated from a formula for each
engineering discipline.

The formulas are all of the type:

Recommended Fee Percentage = AVB x 100
Where A, B are constants
V = Value of the Works, excluding VAT.
Thus
Recommended Fee = AV(B+1)

September 2005 Part2-Page 25

 A formula which allows for the adjustment of the constant “A” is presented. This
allows for annual adjustment of the constant “A” to account for inflation and
prevent bracket creep in fees.

10.2.1.2 Adjusting the Formula for Inflation

The fee formula’s can be adjusted for inflation on an annual basis to avoid bracket
creep on fees. The formula to adjust for inflation is:

Anew = Aprev x 100

(1 + i)B
Where Anew - Revised new constant A
Aprev - Constant A in the previous year
B - Constant for that discipline formula
i - Annual year-on-year inflation percentage

This adjustment shall be made annually on 1 March, based on the year-on-year

inflation index (%) from January – December of the previous year.

The derivation of this formula is as follows:

Previous year fee percentage FPp = ApVpB

New year fee percentage FPn = AnVnB
Where A, B are constants
V value of work
p Previous year
n New year

Inflation increases the value of work from year to year as

Vn = (1 + i) Vp
Where i is the annual rate of inflation

The fee percentage must remain the same from year to year for the same effort.
An = Ap
(1 + i)B

September 2005 Part2-Page 26

10.2.2 RECOMMENDED FEE FOR ENGINEERING SERVICES PERTAINING TO
BUILDING PROJECTS

10.2.2.1 Civil/Structural Formula for Building Projects

(a) Recommended Fee

Civil/Structural Recommended Fee Percentage

= 0.5662 V –0.1133 x 100

Graphic presentation of Fee % vs Value of Works

Civil/Structural Fees for Building Works

14.00%
13.00%
Percentage Fee

12.00%
11.00%
10.00%
9.00%
8.00%
7.00%
6.00%
- 20 40 60 80 100
Millions

Value of Work V

Note: The graphic presentation graph should not be used to determine the percentage fee. It is
merely given as a graphic indication of the formula

(b) Multipliers
The recommended fee calculated in 10.2.2.1 shall be adjusted by multiplying the
recommended fee (or pro rata portion thereof) with all of the applicable
multipliers listed below:
Multiply the
recommended
Description of the Engineering Works
fee by this
factor
Alterations, additions or renovations to existing works, to existing works.
(This factor is only applicable if additions or alterations are done to an existing
service or structure. The multiplier will not be applicable when a new service is 1.25
supplied to an existing structure or a new, independent structure is added on a
site with existing structures on it.)
Load bearing brickwork, foundation brickwork, super-structure brickwork and
cladding designed and detailed by the Engineer. (only applicable on design 0.33
portion of the fees for such portion)
Reinforced concrete including the pro-rata preliminary and general amount. 1.40

September 2005 Part2-Page 27

 Structural steel including the pro-rata preliminary and general amount. 1.40
Multi Tenant Installations 1.25
Wet Services, fire protection, sprinklers and plumbing inside buildings 1.25
Prepare Bills of Quantities for Sub-Contractor 1.10

(c) Reduction of Design Fees for Repeated Components

For repeated major components, buildings and structures on the same site that
are identical in all aspects to another component, building or structure the
design portion fee shall be calculated as follows for the :
First Unit 100% (1/1)
Second Unit 50% (1/2)
Third Unit 33% (1/3)
Fourth and more units 25% (1/4)

The repeat factor is not applicable on repeated components, machines or

similar equipment forming part of a bigger building, structure or component
and is specifically not applicable on multi-storey buildings, pipelines, bridges,
power lines, building components.

10.2.2.2 Electrical, Electronic and Mechanical Formula for Building Projects

(a) Recommended fee

The formula for Electrical, Electronic & Mechanical is:

Electrical/Electronic/Mechanical Recommended Fee Percentage

= 0.5 V –0.092 x 100
Graphic presentation of Fee % vs Value of Works

M&E Fees for Building Projects

16.00%

15.00%

14.00%
Percentage Fee

13.00%

12.00%
11.00%

10.00%

9.00%

8.00%
- 20 40 60 80 100
Millions

Value of Work V

Note: The graphic presentation graph should not be used to determine the percentage fee. It is merely
given as a graphic indication of the formula

September 2005 Part2-Page 28

 (b) Multipliers
In addition, the following multipliers shall be used to adjust the recommended
fee:
Multiply the
recommended
Description of the Engineering Works
fee by this
factor
Alterations, additions or renovations to existing works, to existing works. (This
factor is only applicable if additions or alterations are done to an existing service
or structure. The multiplier will not be applicable when a new service is supplied 1.25
to an existing structure or a new, independent structure is added on a site with
existing structures on it.)
Multi Tenant Installations 1.25
Wet Services, fire protection, sprinklers and plumbing inside buildings 1.25
Prepare Bills of Quantities 1.10

10.2.3 RECOMMENDED FEE FOR ENGINEERING SERVICES PERTAINING TO

ENGINEERING PROJECTS

10.2.3.1 Civil/ Structural Formula for Engineering Projects

(a) Recommended Fee

The proposed formula for Civil/Structural is:

Civil/Structural Recommended Fee Percentage

= 0.7632 V –0.1349 x 100
Graphic presentation of Fee % vs Value of Works

Civil/Structural Fees for Engineering Projects

14.00%
13.00%
12.00%
Percentage Fee

11.00%
10.00%
9.00%
8.00%
7.00%
6.00%
5.00%
- 100 200 300 400 500 600
Millions

Value of Work V

Note: The graphic presentation graph should not be used to determine the percentage fee. It is
merely given as a graphic indication of the formula

September 2005 Part2-Page 29

 (b) Multipliers
In addition, the following multipliers shall be used to adjust the recommended
fee:
Multiply the
recommended
Description of the Engineering Works
fee by this
factor
Alterations, additions or renovations to existing works, to existing works.
(This factor is only applicable if additions or alterations are done to an existing
service or structure. The multiplier will not be applicable when a new service is 1.25
supplied to an existing structure or a new, independent structure is added on a
site with existing structures on it.)
Freeways through existing urban areas. 1.25
Gravel roads: Primary roads, 1.35
Secondary roads, 1.10
Informal roads. 0.85
Reinforced concrete 1.40
Rural roads (single carriageways), excluding bridges. 0.85
Services for existing informal settlements and reduced quality of supplies. 1.35
Structural steel 1.40
Load bearing brickwork, foundation brickwork, super-structure brickwork and
cladding designed and detailed by the Engineer. (only applicable on design 0.33
portion of the fees for such portion)
Water and waste water treatment works:
Small plants of less than 5Mlitre/day design flow capacity 1.40
Plants of more than 5Mlitre/day design flow capacity 1.25
Wet Services, fire protection, sprinklers and plumbing inside buildings 1.25
Multi Tenant Installations 1.25
Straight main supply pipelines with relative few bends, scour valves, air valves,
0.85
T-pieces or similar fittings in the pipeline (Design Fee only)

(c) Reduction of Design Fees for Repeated Components

For repeated major components, buildings and structures on the same site that
are identical in all aspects to another component, building or structure the
design fee shall be calculated as follows for the :
First Unit 100% (1/1)
Second Unit 50% (1/2)
Third Unit 33% (1/3)
Fourth and more units 25% (1/4)

The repeat factor is not applicable on repeated components, machines or

similar equipment forming part of a bigger building, structure or component
and is specifically not applicable on multi-storey buildings, pipelines, bridges,
power lines, building components, nor shall it include designs on different sites
or other projects repeated on a new site.

September 2005 Part2-Page 30

 10.2.3.2 Electrical / Electronic / Mechanical Formula for Engineering Projects

(a) Recommended Fee

The proposed formula for Electrical/Electronic/Mechanical is:

Electrical/ Electronic/Mechanical Recommended Fee Percentage

= 1.0415 V –0.1578 x 100

Graphic presentation of Fee % vs Value of Works

M&E Fees for Engineering Projects

14.00%
13.00%
12.00%
Percentage Fee

11.00%
10.00%
9.00%
8.00%
7.00%
6.00%
5.00%
- 10 20 30 40 50 60 70 80 90 100
Millions

Value of Work V

Note: The graphic presentation graph should not be used to determine the percentage fee. It is
merely given as a graphic indication of the formula

(b) Multipliers
In addition, the following multipliers shall be used to adjust the recommended
fee:
Multiply the
recommended
Description of the Engineering Works
fee by this
factor
Alterations, additions or renovations to existing works, to existing works.
(This factor is only applicable if additions or alterations are done to an existing
service or structure. The multiplier will not be applicable when a new service is 1.25
supplied to an existing structure or a new, independent structure is added on a
site with existing structures on it.)
Water and waste water treatment works.
Small plants of less than 5Mlitre/day design flow capacity 1.40
Plants of more than 5Mlitre/day design flow capacity 1.25
Wet services, fire protection, sprinklers and plumbing inside buildings. 1.25
Multi Tenant Installations 1.25
Major power lines over long distances (Design Fee only) 0.85

September 2005 Part2-Page 31

 (c) Reduction of Design Fees for Repeated Components
For repeated major components, buildings and structures on the same site that
are identical in all aspects to another component, building or structure the
design fee shall be calculated as follows for the :
First Unit 100% (1/1)
Second Unit 50% (1/2)
Third Unit 33% (1/3)
Fourth and more units 25% (1/4)

The repeat factor is not applicable on repeated components, machines or

similar equipment forming part of a bigger building, structure or component
and is specifically not applicable on multi-storey buildings, pipelines, bridges,
power lines, building components, nor shall it include designs on different sites
or other projects repeated on a new site.

10.2.4 SERVICES PROVIDED PARTIALLY OR IN STAGES

The following table, applicable to both building projects and engineering projects,
shall be used for proportioning the recommended fee for Normal Services over the
various Stages of the Services for purpose of determining fees payable.

Where not all the Stages of the Normal Services are provided by the Engineer, the fee
is, subject to clause 10.1(7), determined as a percentage of the total fee calculated in
terms of this clause. The percentage shall be the sum of the percentages set out in the
table appropriate to each of those Stages of the Services that have been provided by the
Engineer, plus one tenth of the total fee payable to the Engineer.

Percentage for each

Stage of Services stage – both Building
& Engineering Works
Civil and Structural Engineering Services:
Report Stage Time based fee
Preliminary design 30%
Design and tender 30%
Working drawings 15%
Construction 20%
Completion of all consulting engineering services 5%
Electrical, Electronic and Mechanical Engineering Services:
Report Stage Time based fee
Preliminary design 20%
Design and tender, including working drawings 40%
Construction 35%
Completion of all consulting engineering services 5%

10.3 RECOMMENDED FEES FOR ADDITIONAL SERVICES

(1) Subject to clauses 10.3(2), 10.3(3), and 10.3(4), the fees for Additional Services,
defined in clause 9.2, are agreed between the Client and the Engineer as set out in
clause 10.1

(2) For services as Principal Agent, as defined in clause 9.2.6, the Engineer is entitled
to an additional fee of 1% of the total value of the Works. The Engineer is not
entitled to this additional fee if he is not explicitly appointed as Principal Agent.

September 2005 Part2-Page 32

 (3) (a) Should, instructions having been given by the Client to the Engineer to proceed
with any of the Stages of Services set out in clause 10.2.4, the whole or part of
the works is abandoned or cancelled or postponed for a period of more than six
months, the Engineer shall be remunerated for Services performed, plus a
surcharge of ten percent of the total fee which would have been payable to the
Engineer had his Services been completed in terms of his engagement.
(b) For additional consultancy work that the Engineer may have to do as a result of
the resumption of such Services or the alteration or modification of designs on
the instructions of the Client, the Engineer is entitled to charge time based fees
and to be reimbursed for actual costs incurred.
(c) If any project, or part thereof, is interrupted or postponed for more than two
years such project shall be deemed to be abandoned. If any such abandoned
project, or part thereof, is subsequently resumed, the fee due to the Engineer
for Services performed after such resumption shall be that appropriate to
Services provided partially or in stages as under clause 10.2.4 and shall be
calculated on the final value of the works.

(4) For the provision of a construction monitoring service, as defined in clause 9.2.2,
the Engineer is entitled to recover from the Client:
(a) For monthly monitoring staff costs, the total annual cost of
employment of such staff (as defined in clause 10.4(4)), divided by 12
and multiplied by 1.8 times total cost of employment.
(b) for part time monitoring staff costs, the amount payable to such staff at the
hourly rates defined in clause 10.4(3); and
(c) For all other costs, the actual costs incurred, multiplied by 1.10.

10.4 TIME BASED FEES

(1) (a) Time based fees are all-inclusive fees, including allowances for overhead charges
incurred by the Engineer as part of normal business operations and the cost of
management. They include payments to administrative, clerical and secretarial
staff used in general to support professional and technical staff, but not where
such supportive staff is employed on a specific project only.
(b) Time based fees are calculated by multiplying the hourly rate as defined in
clause 10.4(3), which is applicable to the Engineer or any technical staff
employed by the Engineer, by the actual time spent by the Engineer or such
technical staff in rendering the Services required by the Client.
(c) Technical staff includes all staff performing work directly related to the execution
of the Services the Engineer is engaged for by the Client. This includes the
preparation of letters, minutes, reports and documents for the Project, but not
the typing thereof.

(2) To determine the time based fee rates the persons concerned are divided into:
(a) Category A shall mean a 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 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 and takes full responsibility for the liabilities of such
practice. He performs work of a conceptual nature in engineering design and

September 2005 Part2-Page 33

 development, provides strategic guidance in planning and executing a project
and/or carries responsibility for quality management pertaining to a project.
(c) Category C shall mean all salaried professional staff with adequate expertise and
relevant experience who perform work of an engineering nature and who carry
the direct technical responsibility for one or more specific activities related to a
project.
(d) Category D shall mean all other salaried technical staff with adequate expertise
and relevant experience performing work of an engineering nature under the
direction and control of any person defined in categories A, B or C.

(3) The time based fee rates are:

(a) Calculated for a person in category-
(i) A and B at 22.00 cents per hour for each N$100 or part thereof of
the total annual cost of employment of the person concerned, as
defined in sub-clause (4); or
(ii) C at 17.5 cents per hour for each N$100 or part thereof of the total
annual cost of employment of the person concerned, as defined in
sub-clause (4); or
(iii) D at 16.5 cents per hour for each N$100 or part thereof of the total
annual cost of employment of the person concerned, as defined in
sub-clause (4); or
(b) based on such indicative time based fee rates as are determined from time to
time by the Engineering Council of Namibia after consultation with service
providers and service users, whichever is the lesser.

(4) For the purposes of clause 10.4(3)(a), the total annual cost of employment of a
person defined in clause 10.4(2) means the total amount borne by an employer in
respect of the employment of such a person per year, calculated at the amounts
applicable to such a person at the time when the Services are rendered, including –
(a) Basic salary, or a market related salary, excluding profit share and asset growth;
(b) Fringe benefits not reflected in the basic salary, including:
(i) Normal annual bonus;
(ii) Employer’s contribution to medical aid;
(iii) Group life insurance premiums borne by the employer;
(iv) Employer’s contribution to a pension or provident fund; and
(v) All other benefits or allowances payable in terms of a letter of
appointment, including any accommodation allowance,
transportation allowance or company vehicle benefit, telephone
and/or computer allowances, etc; and
(c) Amounts payable in terms of a Statutory Act, including:
(i) Social Security Contributions

10.5 EXPENSES AND COSTS

(1) Subject to clause 10.1(3) the Engineer shall recover from the Client:
(a) All expenses actually incurred by the Engineer and members of his staff in
rendering the Services; and
(b) All other costs incurred on behalf of and with approval of the Client, plus a mark-
up of 10% deemed to cover administrative and other costs.

September 2005 Part2-Page 34

 Costs that shall be recovered under clause 10.5(1)(b) include, but are not limited to:
(a) Environmental investigations and studies;
(b) Geo-technical investigations;
(c) Laboratory testing;
(d) Land acquisitions, expropriation, way leaves, servitudes;
(e) Site surveys;
(f) Specialist sub-consultants;
(g) Supply of specific equipment;
(h) Topographical and land surveys; and
(i) Traffic surveys.
(j) Recoverable expenses include:
Travelling expenses for the conveyance of the Engineer or a member of his 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.

(2) (a) A time charge for travelling on the basis of the rate set out in clause 4, for
all time spent in travelling by the Engineer or members of his staff.
(b) Accommodation and subsistence expenses incurred by the Engineer or a member
of his staff;
(c) Agreed 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.
(d) Expenses on special reproductions, copying, printing, artwork, binding and
photography, etc. requested by the Client.

A list of Recommended Rates for Expenses published by the Association of Consulting

Engineers is included under Appendix B of the Model Form for Engineering Services.

September 2005 Part2-Page 35

MODELFORM
PART3

SPECI
AL
CONDI
TIONSOF
AGREEMENT

SEPT
EMBER2005
Part 3: Special Conditions of Agreement

SCHEDULE

This Schedule should be completed and signed by both parties as part of the
Agreement.

The clauses refer to Part 2: Standard Conditions of Agreement and Recommended

Fee Scales.

Clause No
1.1 “Principal Agent “shall be …………………………………………………………………………………………………

2.1 “Project” means …………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………

2.3 “Designated Representative of the Engineer” shall be ……………………………………………………

2.6 “Construction Stage Services” shall be ……………………………………………………………………………

Level of construction stage monitoring required………………………………………………………………

Normal Services only …………………

or
Additional Services too …………………

Level 1 …………………

Level 2 …………………

Level 3 …………………

Level 4 …………………

(Select one only by indicating “yes” and “no” for all other.)

5.1 Payment
Payment for Normal Services:
- Monthly basis ………………………………………………………………
- On completion of a stage ………………………………………………………………
(Select one only by indicating “yes” and “no” for the other.)

Payment for Additional and Exceptional Services:

- Monthly basis ………………………………………………………………
- On completion of the services ………………………………………………………………
(Select one only by indicating “yes” and “no” for the other.)

September 2005 Part 3 - Page 1

5.5 Reimbursable Expenses
Refer to Appendix B

6.4 Duration of Liability

Period for claim ………………………………………………………………………………………………… years

6.5 Limit of Compensation

Maximum of Compensation N$…………………………………………………………………

6.6 Insurance for Liability and Indemnity

Conditions of Insurance …………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………

7.6 Notices
Physical Address of the Client…………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………

Physical Address of the Engineer……………………………………………………………………………………

…………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………

7.7 Publicity and Publication

…………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………

7.10 Electronic Communications

Electronic communications *will/will not be accepted as legal documents on this
project.
*(delete what is not applicable)

September 2005 Part 3 - Page 2

2 ADDITIONAL CLAUSES

Additional clauses or specific notes to omit certain clauses or parts of clauses in

Part 2: Standard Conditions of Contract should be inserted here
…………………………………………………………………………………………………………………………………………
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September 2005 Part 3 - Page 3

MODELFORM

APPENDI
XA

SEPT
EMBER2005
Appendix A: Scope of Services Required

1. TYPE OF SERVICES

BUILDING
ENGINEERING
(Tick relevant by means of “X”)

1.1 Normal Services

Stages Civil Structural Electrical Mechanical

&
Electronic
Report Stage
Preliminary Design
Stage
Design and Tender
Stage
Working Drawings
Stage
Construction Stage
All Stages as listed
above

(Tick relevant by means of “x”)

1.2 Description of Scope of Normal Services

…………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………
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…………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………
……………………………………………………….………………….……………………………………………………………

September 2005 Appendix A - Page 1

1.3 Additional Services
As per clause 9.2.1 of Part 2: Standard Conditions of Contract and Recommended Fee Scales.
…………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………
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…………………………………………………………………………………………………………………………………………

1.4 Additional Construction Monitoring Required

Level 1 …………………

Level 2 …………………

Level 3 …………………

Level 4 …………………

(Select one only by indicating “yes” and “no” for all other, or if no additional construction
monitoring is required, write “no” in all four)

September 2005 Appendix A - Page 2

MODELFORM

APPENDI
XB

SEPT
EMBER2005
Appendix B: List of Recommended Rates for
Expenses – January 2005
No Description Unit Rates
1. TRAVELING & SUBSISTENCE

1.1 Air Travel

- Chartered Flights Cost + 10%
- Scheduled Flights (economy class) Cost + 10%
- Insurance of baggage, life or loss of air ticket Nil

1.2 Car Travel

1.2.1 Car Hire Cost + 10%
only with the prior consent of the Client may
- vehicles be hired
- motor car not in excess of 1600 cc engine capacity
- four-wheel drive vehicle not in excess of 2600 cc

1.2.2 Travel by private / company / firm vehicle

General
- km rates to be calculated using the AA vehicle
Ownership Cost Schedule
- the maximum rate claimable is the rate applicable
to a vehicle value of N$360,000.00
- the AA running cost component may be adjusted
by a factor for 1.18 for four-wheel drive vehicles
only
Appointments on which vehicles are not used
exclusively for the project
- km costs not claimable if site is within 25km of the
consultant's office / branch which received the
appointment
- km rates based on 20,000km per annum AA rates
Appointments on which vehicles are exclusively
used for the project (eg. full-time site
supervision)
- km rates to be based on the actual km traveled
during a month adjusted by a factor of 12, with the
AA rates
proviso that the rate shall not be more than the
rate for the vehicle based on 20,000km per annum

1.3 Travel Time hour full hourly rate

- If fees are based on a Time/Cost Basis, all hours,
for one way trips exceeding 25km or return trips
exceeding 50km
- If fees are on a Percentage Basis - all hours
- Not claimable by site supervision personnel whose
salaries are paid by the client

September 2005 Appendix B - Page 1

 1.4 Parking
- Parking areas / garages (not parking meters) Cost

1.5 Subsistence
Actual costs incurred when staying in a hotel, lodge,
1.5.1 B&B or similar establishment
- Reasonable expenses for meals (no alcoholic beverages) Cost (based on
if away part of one day, that is no overnight stop. invoice)
- Expenses for accommodation and meals if away
overnight (no alcoholic beverages and no laundry
claimable)
- Accommodation not exceeding 3 star rating or as agreed
with Client

Accommodation and Subsistence when camping or

1.5.2 staying in non-commercial establishment
- Professional Staff incl Registered Technicians
accommodation per day N$ 180.00
subsistence (all meals) per day N$ 120.00
subsistence (meals excl. breakfast) per day N$ 90.00
- Other Technical Staff
accommodation per day N$ 150.00
subsistence (all meals) per day N$ 100.00
subsistence (meals excl. breakfast) per day N$ 70.00
- Labourers and work-hands
Accommodation per day N$ 75.00
subsistence (all meals) per day N$ 75.00

1.5.3 Expenses for meals if away for part of a day for prof. staff Breakfast N$ 30.00
incl. reg. technicians (other tech. staff - 80% of rate, Lunch N$ 40.00
labourers & work-hands - 60% of rate) Dinner N$ 50.00

2. TYPING

2.1 Contract documents / Reports / Manuals A4 page N$ 15.00

- Tender Documents
- Specifications
- Bills / Schedules of Quantities
- Pre-selection/pre-qualification documents
- Feasibility Reports
- Preliminary Design Reports
- Planning Reports
- Completion Reports

2.2 All other typing No charge

- Agreements
- Correspondence
- Tender Analysis & recommendation
- Payment Certificates
- Variation Orders
- Interim progress & financial reports
Final Accounts
Note: All typing is payable if project is being paid on a
time/cost basis (but not if done by staff whose time is
being paid for on a time basis) and not on a fee scale basis

September 2005 Appendix B - Page 2

 PHOTOCOPYING (or alternative methods of
3. reproduction)
Plain paper - black & white
- Flat rate for one side of page A4 page N$ 0.30
A3 page N$ 0.57
Plain paper - colour
- Flat rate for one side of page A4 page N$ 7.39
A3 page N$ 11.00
Note: Reproduction recoverable in
respect of:
- All reports
- All contract documents
- Pre-selection / pre-qualification
documents
- Tender analysis & recommendations
- Interim progress and financial reports
- Final accounts
- Manuals
- Minutes of meetings
- Correspondence
- Payment certificates
- Variation orders

4. PRINTED COVERS & BINDING

(Inclusive of collating & materials)
- Tender Documents
- Specifications
- Bills / Schedules of Quantities
- Pre-selection/pre-qualification documents
- Feasibility Reports
- Preliminary Design Reports

4.1 Printed Covers

a) By third party Cost + 10%
b) If done in-house
- A4 front cover N$ 5.50
- A4 back cover N$ 4.00
- A3 front cover N$ 7.50
- A3 back cover N$ 6.00

4.2 Standard block / book type binding

(stapled / pin)
a) By third party Cost + 10%
b) If done in-house
- 5mm N$ 4.48
- 10mm N$ 6.48
- 20mm N$ 8.48
- 30mm N$ 10.43

4.3 Spiral Binding

a) By third party All sizes Cost + 10%
b) If done in-house
- Thin (up to 10 mm) A4 size N$ 12.00
- Medium (up to 20 mm) A4 size N$ 19.00
- Thick (more than 20 mm) A4 size N$ 26.00
- Tender documents - A3 size A3 size N$ 30.43
- Tender documents - A2 size A2 size N$ 39.13

September 2005 Appendix B - Page 3

4.4 All other cases No charge
- Agreements
- Correspondence
- Minor feasibility reports
- Tender Analysis & recommendation
- Payment Certificates
- Variation Orders
- Interim progress & financial reports
- Contract accounts (drafts & final)

5. LAMINATING
- If done in-house A4 8-00
- By third party A4 Cost + 10%
- If done in-house A3 16-00
- By third party A3 Cost + 10%

6. ARTWORK
Artwork on covers, etc. only where specially
requested by client:
- If done in-house hourly hourly rate
- By third party Cost + 10%

PLAN PRINTING / PLOTTING (CAD

7. Drawings)

Plan Plotting by plotter

7.1 (media other than plain paper)
By third party Cost + 10%

If done in-house: A0 A1 A2 A3 A4
7.1.1 Durester (black & white) ea 99.13 60.52 49.04 27.30 21.74

7.1.2 Polyester / Sepia (black & white) ea 100.00 89.57 70.43 60.00 40.00

7.13 Film (colour - less than 50% coverage) ea 150.78 117.91 101.43 24.78 20.87

7.1.4 Film (colour - more than 50% coverage) ea 175.30 127.91 103.61 24.78 22.61

7.2 Plan Printing by plotter (Plain Paper)

7.2.1 By third party Cost + 10%

If done in-house - All 1st plots to be charged as

7.2.2 follows: A0 A1 A2 A3 A4
Plain paper black & white (1st plot) ea 46.96 26.09 15.65 11.09 10.74

7.2.3 All remaining plots to be charged as follows:

Plain paper - black & white ea 17.50 8.75 5.00 3.50 2.00

All plots - Plain paper (colour - less than 50%

7.2.4 coverage) ea 96.52 76.48 65.04 21.91 17.74

All plots - Plain paper (colour - more than 50%

7.2.5 coverage) ea 132.17 96.48 78.13 24.78 21.74

September 2005 Appendix B - Page 4

 8. DRAWING FILES (Rate per file)
8.1 Original Format
By e-mail Up to 10 N$ 28.50
10 - 50 N$ 18.00
50 + N$ 10.00

On 3½" disk Up to 10 N$ 34.00

10 - 50 N$ 21.50
50 + N$ 12.00

On CD or DVD Up to 10 N$ 56.00
10 - 50 N$ 35.00
50 + N$ 19.50

8.2 Conversions (.dxf)

By e-mail Up to 10 N$ 40.00
10 - 50 N$ 25.00
50 + N$ 14.00

On 3½" disk Up to 10 N$ 45.00

10 - 50 N$ 28.50
50 + N$ 16.00

On CD or DVD Up to 10 N$ 67.50
10 - 50 N$ 42.00
50 + N$ 23.50

9. REDUCING / ENLARGING
By third party Cost + 10%
If done in-house To A4 N$ 0.35
To A3 N$ 0.65

10. PHOTOGRAPHY
Normal (Development + Printing) Cost + 10%
Digital (Printing only) Cost + 10%

11. TELEPHONE CALLS / FAXES / E-MAIL / POSTAGE / COURIERS

Only recoverable on projects paid for on a time/cost
basis
- Telephone calls - trunk calls & cell phones Cost + 10%
- Postage (for parcels only) Cost + 10%
- Airfreight & couriers Cost + 10%

11.1 Telefaxes
- Local faxes (dialing code of office location) A4 page
- First page N$ 4.20
- Subsequent pages (per page) N$ 2.70
- National faxes
- First page N$ 10.00
- Subsequent pages (per page) N$ 6.50
- International faxes
- First page N$ 22.50
- Subsequent pages (per page) N$ 17.00
- Incoming faxes
- First page N$ 6.50
- Subsequent pages (per page) N$ 2.35

11.2 E-mail
- Per message (in & out) Nil
- Printing per page Nil

September 2005 Appendix B - Page 5

 DISBURSEMENTS IN ACCORDANCE WITH
12 FOREGOING
Note: Acceptable reproduced documentary proof is
required for all claims on a time/cost basis:
eg. Suppliers invoices, cash slips, vehicle log sheets,
vehicle purchase costs when purchased new, engine
capacity, time sheets, breakdown of remuneration for
hourly rate determination, relevant dates, etc.

September 2005 Appendix B - Page 6