cap525 final version2

L A W S OF K E N Y A

CHAPTER 525

THE ARCHITECTS AND QUANTITY SURVEYORS ACT

Revised Edition 2000(1978) (1972)

The Architects and Quantity Surveyors Act

CHAPTER 525

THE ARCHITECTS AND QUANTITY SURVEYORS ACT

ARRANGEMENT OF SECTIONS

Section

01 Short title and Commencements

02 Interpretation.

03 Restriction on use of titles.

04 Establishment of the Board.

05 Power of Board to make by-laws.

06 The Registrar and register.

07 Qualifications for registration as architect.

08 Qualifications for registration as quantity surveyor.

09 Qualifications for registration as a landscape architect

10 Qualifications for registration as licentiate member

11 Professional Indemnity Insurance

12 Qualifying examination.

13 Scheme and curriculum for professional education.

14 Power to remove from and correct register.

15 Restoration to the register.

16 Orders to suspend registration, etc.

17 Appeals.

18 Limitation of liability of members.

19 Competitions regulations

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CHAPTER 525

THE ARCHITECTS AND QUANTITY SURVEYORS ACT Commencement: 1

st April, 1934,

Cap. 306 (1948). L.N. 551/1956 L.N. 562/1956. L.N. 172/1960 L.N. 173/1960 L.N. 462/1963 29 of 1967,

An Act of Parliament to provide for the registration of architects and quantity surveyors

12 of 1973.

1. This Act may be cited as the Architects and Quantity Surveyors Act. Short title.

2. In this Act, unless the context otherwise requires-

1. "approved" means approved by the Board;

2. "the Board" means Board of Registration of Architects and Quantity Surveyors established by section 4 of this Act;

3. "the Minister" means the Minister for the time being responsible for matters relating to buildings and related works;

4. "register" means the register kept under section 6 of this Act;

5. "Licentiate roll" means the roll kept under section 10 of this Act.

6. "registered person" means any Architect, Quantity Surveyor or Landscape Architect whose name has been entered into the register referred to in section 6.

7. "Registrar" means the Registrar of Architects and Quantity Surveyors appointed under section 6 of this Act.

8. “Licentiate” means a person registered under Section 10 of this act.

9. “Fees” means revenue received by the Board from registration

and/or levies raised as provided for under this Act.

10. “Architect” means a person registered under section 7 of this Act.

11. “Quantity Surveyor” means a person registered under section 8 of this Act.

12. "Landscape Architect" means a person registered under Section 9 of this Act.

13. “Architectural Design and/or Urban Design Competition" means the process of obtaining competitive bids form Architects with a view to commissioning the assignment to one of the bidders.

14. “Architectural Design” means the art and science of analyzing, evaluating and providing accommodation needs for various activities and uses in building(s); involving both preparing various types of drawings, models and simulations, and specifying materials to be used in construction of new or reconstruction of existing buildings.

15. “Urban Design” means the art and science of analyzing, evaluating and providing for various buildings and space needs in and around buildings; involving preparing layout drawings, showing land use, site analysis, location and site plans, infrastructural services, landscaping, buildings massing and land use conversion drawings; and where required preparing subdivision proposals.

Interpretation. 12 of 1973, S. 2. Registered person means any Architect/Quantity Surveyor whose name has been entered into the Register under Section 6.


3. (1) Subject to the provisions of this Act, no person shall practise under any name, title or style containing any of the words or phrases "architect", "architecture", "architectural”, “Landscape architect", "quantity surveyor" or "quantity surveying" unless he is registered under this Act as an architect, a quantity surveyor, Landscape architect or licentiate member as the case may be Provided that -

Restriction on use of titles 12 of 1973, s.3 Restriction to work by non -professionals

a) nothing in this Act shall apply to any person in the service of the Government or to any person who, for the purpose of preparing any particular piece of work for the Government, is exempted by the Minister upon advice by the board from the provisions of this Act; upon advice by the Board.

b) a member of an approved professional institution who is

entitled under the constitution thereof to display after his name any affix which includes the word "Architect", “Architecture”, "Architectural", "Landscape architect", "Landscape architecture", "Quantity surveyor". "Quantity surveying", or Licentiate Member or any abbreviation thereof, may use such affix whether he is so registered or not.

(2) Any person who contravenes the provisions of subsection (1) of this section shall be guilty of an offence and liable to a fine not exceeding fifty thousand shillings to imprisonment for a term not exceeding one year or both.

(3) Without prejudice to the powers of the Attorney-General, proceedings for an offence under this section may be instituted by any person who is authorized in that behalf, whether generally or specially, by the Board in writing.

.

4. (1) There is hereby established a Board of Registration of Architects and Quantity Surveyors which shall be a body corporate with perpetual succession and a common seal and shall be capable in law of suing and being sued and of acquiring, holding and alienating property movable and immovable in its corporate name.

(2) The Board shall consist of thirteen members who shall be

architects or quantity surveyors and landscape architects and of whom- a) seven, at least three of whom shall be quantity

surveyors, shall be nominated by the Minister; and b) six, at least three of whom shall be quantity surveyors,

shall be nominated by the Architectural Association of Kenya and approved by the Minister.

(3) The Minister shall appoint one of the members whom he has

nominated, to be the Chairman of the Board (4) Nine members of the Board shall constitute a quorum.

Establishment of the Board L.N. 551/1956, L.N. 172/1960, 12 of 1973, s. 4


5 The Board may from time to time, subject to the confirmation of the Minister, make by-laws for all or any of the following purposes- a) for the management and duties of the Board, the holding of

meetings of the Board, the issue of notices calling such meetings and the procedure to be followed at such meetings;

b) for the appointment and duties of the officers of the Board;. c) for the appointment of committees, and the powers and duties

and the proceedings of such committees; d) for the administration, investment and expenditure of the

property and funds of the Board from whatsoever source and for whatsoever purposes received;

e) for a definition of unprofessional conduct and for determining the mode of inquiry into and the method of dealing with such conduct and the penalties which may be imposed upon any member found guilty of such conduct;

f) for the scale of fees to be charged by architects and quantity surveyors for professional advice, services rendered, and work done;

g) for the fees to be paid for registration under this Act;

h) for issuance of an annual licence.

i) for the holding of examinations authorized or permitted under the provisions of this Act and for the carrying into effect of any scheme or curriculum for education in architecture or quantity surveying formulated under the provisions of section 10 hereof;

j) for the establishment, maintenance and support of and for subscribing to charitable and public objects and institutions;

k) for prescribing the procedure to be followed by persons applying for registration;

l) for prescribing the conditions under which persons registered under this Act may practice as limited liability companies, or unlimited liability companies or firms and for requiring professional indemnity insurance in the case of unlimited companies and private firms;

m) for instructions and orders conducive to the maintenance and improvement of the status of architects and quantity surveyors landscape architects, and licentiates in Kenya;

n) for prescribing the conditions under which licentiates may practice;

o) for prescribing the conditions under which non citizen architects, and quantity surveyors may practice of Kenya

p) for prescribing procedures for the resolution of disputes arising from the operation of this Act.

q) for prescribing the manner and the conditions which persons registered under this Act may exercise the role of an agent in technical and financial management of projects they are involved in.

r) for the adoption of a common seal and the manner in which such seal may be affixed to any instrument.

s) for instructions/orders and regulations governing t) for registration and issuance of annual practicing certificates in

case of consulting firms. u) For instructions/orders and regulations governing the promotion

of competitions, submissions and project bids.

Power of Board to make by-laws L.N. 562/1956 L.N. 173/1960, 12 of 1973, s. 5


6 (1) The Minister shall appoint a registered person, who may be a public officer, to be the Registrar of the Board of Registration of Architects and Quantity Surveyors, who shall hold and vacate office in accordance with the terms of his appointment.

(2) The Registrar shall keep and maintain registers in which the name of every person, and firm being suitably qualified under this Act, shall be entered as soon as is practicable after he is accepted by the Board for registration, showing against his name such particulars as the Board may, from time to time, direct.

(3) All changes in the particulars registered under subsection (2) of this section shall be entered in the registers by the Registrar as soon as is practicable after he has received notification thereof.

The Registrar and register 12 of 1973, s.6.

7. No person shall be registered as an architect unless he- has attained the age of twenty-one years; 1. and either.

i. has had a minimum of five years approved training and qualification followed by at least two years of practical experience in the work of an architect to the satisfaction of the Board, and has passed a prescribed examination; or

ii. has been admitted as a corporate member of an approved professional institution whose qualifications for such admission are not less than those set out in section (i) of this paragraph; and has had a minimum of two years of professional experience in Kenya to the satisfaction of the Board or has satisfied the Board that he has otherwise acquired an adequate knowledge of Kenya building contract procedures; and

2. has paid the prescribed registration fee. 3. is a citizen of Kenya or ordinarily resident in Kenya.

Qualifications for registration as architect 12 of 1973,s.7.

8 No person shall be registered as a quantity surveyor unless he has attained the age of twenty-one years;

1. and either- i. has had a minimum of three years approved training and

qualification followed by at least two years of practical experience in the work of a quantity surveyor to the satisfaction of the Board, and has passed a prescribed examination; or.

ii. has been admitted as a corporate member of an approved professional institution whose qualifications for such admission are not less than those set in section (i) of this sub-paragraph; and has had a minimum of two years of professional experience in Kenya to the satisfaction of the Board or has satisfied the Board that he has otherwise acquired an adequate knowledge of Kenya building contract procedures; and


Qualifications for registration as quantity surveyor 12 of 1973,s. 8

9 No person shall be registered as an Landscape Architect unless he- has attained the age of twenty-one years; 1. and either.

i. has had a minimum of five years of approved training followed by at least two years of practical experience in the work of a landscape architect to the satisfaction of the Board, and has passed a prescribed examination; or

Qualifications for registration as a landscape architect


ii. has been admitted as a corporate member of an approved professional institution whose qualifications for such admission are not less than those set out in subparagraph (i) of this paragraph; and has had a minimum of two years of professional experience in Kenya to the satisfaction of the Board or has satisfied the Board that he has otherwise acquired an adequate knowledge of Kenya building contract procedures; and


10 No person shall be enrolled as Licentiate member unless he has attained the minimum age of thirty five years, and a) Has passed the Kenya Certificate of Secondary Education

(KCSE), ordinary level or equivalent. b) Has obtained a Higher National Diploma (HND) or equivalent

approved Qualification from a recognized institution and has subsequently been employed in a private or public office for a minimum period of five years where the organization is engaged in the professions of Architecture, Quantity Surveying and/or Landscape Architecture or.

c) Has had a minimum of ten years post articled pupilage experience three of which must have been in Kenya to the satisfaction of the Board, or has satisfied the Board that he has acquired an adequate knowledge of Kenya Building Construction and Contract Procedures, and

d) Has been admitted as a licentiate member of an approved Professional institution whose qualifications for such admission are not less than those set out in sub-paragraph (b) of this section.

e) Has passed a prescribed examination. f) Has paid the prescribed registration fee. g) Is a citizen of Kenya or is ordinary resident in Kenya.

Qualification for registration Licenciate member

11. No Architect or Quantity Surveyor registered under this Act shall practise as such in any capacity unless there is in force in relation to the practise of such Architect or Quantity Surveyor a professional indemnity insurance policy in such terms as the Board may prescribe

Professional indemnity insurance

12. The examinations referred to in sections 7, 8 and 9 of this Act may be conducted either by the Board or by such other authority as the Board with the approval of the Minister may select.

Qualifying examinations L.N. 562/1956 L.N. 173/1960.

13. Subject to the approval of the Minister, the Board shall have the right from time to time to formulate, vary and carry into effect a scheme and curriculum for curriculum for professional education in architecture and quantity surveying, and for this purpose may appoint committees and boards as may from time to time be thought expedient, and the Board may apply its funds in making provision for, and furthering and developing any such scheme and curriculum and in providing for lectures or teaching and for the holding of examinations in accordance therewith and for granting prizes, certificates and diplomas in connection

Scheme and curriculum for professional education. L.N. 562/1956 L.N. 173/1960


therewith, and (subject to such exemptions as may be allowed by and in accordance with the by-laws) the Board may require candidates for admission to final examination for the purpose of registration to have passed through a course of study under and in accordance with any such scheme and curriculum (including for articled pupilage and licentiate members) and to have passed such examination or examinations in relation to the subjects comprised in that course of study as shall from time to time be prescribed by or in accordance with the by-laws.

14. (1) The Board may at any time direct that the name of a person be removed from the register where such person has

(a) failed within a period of six months from the date of an inquiry sent by the Registrar by pre-paid registered letter to the address appearing in the register against his name, to notify the Registrar of his current address;

(b) or requested that his name be removed from the register, in which case such person may be required to satisfy the Board by affidavit lodged with the Registrar that no criminal proceedings under section 13 of this Act are being or are likely to be taken against him; or

(c) been found by the Board to be guilty of such misconduct as is described in section 13 of this Act.

(2) The Registrar shall remove from the register the name of every

person who dies, and shall remove from the register any entry which has been incorrectly or fraudulently made.

(3) Except in the circumstances specified in paragraph (a) of

subsection (1), and in subsection (2), of this section the removal of a person's name from the register shall be notified by the Registrar to that person by pre-paid registered letter addressed to the address appearing in the register against his name immediately before the removal.

(4) Subject to the provisions of section 14 of this Act, a person

whose name has been removed from the Register shall cease from the date of such removal to be registered for the purpose of this Act and the same shall be published in the Kenya Gazette and in any other method the Board may deem necessary.

Power to remove from and correct register 12 of 1973, s. 9.

15. (1) Where the name of any registered person has been removed from the register under section 12 of this Act, the name of that person shall not be entered again in the register except by direction of the Board, after the affected person has re-applied for re-registration.

(2) Where the name of any person has been removed from the register or the effect of the registration of any person has been suspended in terms of paragraph (b) of section 14 of this Act, the Board may, either of its own motion or on the application of the person concerned made in the prescribed manner, and in either case after holding such inquiry as the Board thinks fit direct that

Restoration to the register 12 of 1973, s. 10..


(a) the removal from the register be confirmed; or (b) the name of that person be restored to the register; or (c) the suspension of the effect of the registration of the person

be terminated.

(3) A direction given by the Board under subsection (2) of this

section may include provision for the date upon which a restoration to the register or the termination of a suspension shall take effect and for the payment by the person concerned of such fee, not exceeding the fee payable on an application for registration, as the Board may determine.

16. If any person registered under this Act is convicted of an offence under this Act, or is, after due inquiry held by the Board, found to have been guilty of any act or omission amounting to improper or disgraceful conduct in a professional respect the Board may (a) caution or censure such person; (b) direct that, during such period as the Board may specify, his

registration shall not have effect; (c) impose a fine not exceeding one hundred thousand shillings on that

person or/and (d) direct that his name be removed from the register.

Orders to suspend registration, etc. 12 of 1973, s. 11.

17. (1) Any person aggrieved by a decision of the Board to refuse to register his name, or to remove his name from the register, or to suspend the effect of registration of his name, or to refuse to restore his name to the register, may appeal to the High Court against the decision of the Board and in any such appeal the High Court may give such direction in the matter as it thinks proper, and any order of the High Court under this section shall be final.

(2) The Board may appear as respondent and be heard at any appeal against its decision and, for the purpose of enabling directions to be given as to costs of any such appeal, the Board shall be deemed to be a party thereto, whether or not it appears at the hearing of the appeal.

(3) Until rules of court are made under the Judicature Act for such appeals, and subject to any such rules when made, the provisions of the Civil Procedure Act shall apply as if the decision or direction of the Board appealed against under this section were a decree of a court exercising original jurisdiction.

Appeals. 12 of 1973, s. 12. Cap. 8. Cap. 21

18. No member of the Board shall be personally liable for the acts, defaults or Limitation of neglects of any other member, nor for any loss or damage occasioned to or suffered by the Board by an act in the execution of the duties of his office unless such loss or damage shall be occasioned by his own dishonesty

19. Subject to the provisions of this Act no person or corporate body shall initiate or conduct an Architectural Design and/or Urban Design competition without reference to/and approval by the Board as to the conditions thereof. Any person or corporate body who contravenes the provision of this section shall be guilty of an offence and liable to a fine not exceeding 100,000/- (One hundred thousand) or imprisonment for a term of not exceeding one year or both.

Limitation of liability of members. Competitions


Repeal of

Cap.525

Cap 525 Subsidiary Legislation Bylaws under Section 5

Subsidiary Legislation

By Laws Under Section 5

THE ARCHITECTS AND QUANTITY SURVEYORS

BY-LAWS.

L.N. 420/1959 L.N. 18/1962 L.N. 378/1964 L.N. 122/1968 L.N. 87/1977

1. These By-laws may be cited as the Architects and Quantity Surveyors by-laws.

Short title

2. In these By-laws, unless the context otherwise requires – “Board” means the Board of Registration of Architects and

Quantity Surveyors established under section 4 of the Act

“register” means the register required to be kept by the Board under the provisions of section 6 of the Act

“Registrar” means the person for the time being appointed under section 6 of the Act to be Registrar of the Board

“Registered person” means a person registered either as Architect, Quantity Surveyor, or Landscape Architect by the Board and Licentiate member.

Interpretation

CONSTITUTION, POWERS AND PROCEDURE OF

BOARD

3 The office of a member of the Board shall become vacant- (a) on the thirtieth day of June of the third year,

provide that the person vacating office shall be eligible for reappointment.

(b) On the withdrawal by the Minister of, or the withdrawal of the approval of the Minister to his nomination as a member of the Board.

(c) On the acceptance by the board of his resignation, such resignation having been made in writing addressed to the Chairman of the Board.

(d) If being a person registered under the Act he ceases to be so registered.

(e) If he absents himself from three consecutive meetings of the Board without the Board‟s consent.

And upon any such vacancy occurring it shall be filled in accordance with subsection (2) of section 4 of the Act.

Vacancies on Board

4 (a) The Board shall elect a vice-chairman from one of its members who shall be a member of the Architectural Association of Kenya.

(b) The Chairman, or in his absence, the vice-chairman shall preside at all meeting of the Board and in the absence of the Chairman and the vice-chairman at any meeting the Board shall elect from amongst those present, a member to act as Chairman.

Vice-chairman

5 Meetings of the Board shall be convened not less frequently than once in every month at such places and times as it shall determine.

Meetings


6 (a) All meetings of the Board shall be convened by the chairman or failing him the vice-chairman.

(b) Except in the case of emergency, seven clear days‟ notice of a meeting shall be given.

(c) A special meeting of the Board may be called upon the requisition of any two members of the Board; every such requisition shall be addressed to the Chairman and notice calling such special meeting shall be given within seven days of the date of receipt of such requisition by the Chairman.

Convening of meetings

7 The Chairman or other person presiding at any meeting of the Board shall decide all matters of procedure arising there at and his decision shall be final.

Procedure at meetings

8 All decisions of the Board shall be carried by a majority of the members present and by voting and in the event of an quality of votes the person presiding shall be entitled to a second or casting vote.

Voting

9 (a) The Board shall have power to appoint committees of their own number or otherwise, and any such committee may co-opt nominees of the Architectural Association of Kenya or other approved professional or such other bodies or institutions or such other person or persons as the Board may approve.

(b) In pursuance of 9(a), the Board shall appoint a standing committee hence referred to as the Education Board.

(c) The members of any committee of or board appointed by the Board under this section shall remain in the office for such period of time as the Board may determine.

(d) The Board may adopt, amend or otherwise deal with reports of such committees.

Committees

10. Minutes of all resolutions and proceedings of the Board and committees thereof shall be recorded in proper books to be provided for the purpose.

Minutes

11. The Board shall appoint officers and servants as it thinks fit and such officers and servants (if any) shall perform such duties and be subject to such terms and conditions of employment as the Board shall from time to time resolve.

Others officers

12. All communications to the Board shall be addressed to the Registrar at the postal address of the Board.

Communications

13. Every document of the Board not required by law to be under seal shall be sufficiently authenticated by the signature of the Registrar or of the chairman or vice-chairman.

Authentication of documents not under seal.

COMMON SEAL

14. The common seal of the board shall be in the form illustrated in the First Schedule hereto and shall be kept in the custody of the Registrar.

Style

15. The seal shall only be affixed to a document under the authority of the Board and in the presence of the chairman or vice-chairman and of two other members of the Board and of the

Affixing the seal.


Registrar, and the affixing of the seal shall be attested accordingly.

16. Any document bearing the seal of the Board and attested as aforesaid shall be sufficient evidence of the act of the Board.

Documents bearing seal.

ACCOUNTS

17. The Board shall keep proper books of account which shall be audited annually as the Board shall direct and a balance sheet shall be prepared annually.

Books of account.

18. All disbursements from the fund of the Board shall be submitted to the Board for approval before such payments are made.

Disbursements.

19. All moneys received on account of the Board shall be payable to an account in the name of the Board at such bank as the Board shall direct and no money shall be paid out except by the direction of the Board and by a cheque drawn by the Registrar and countersigned by the chairman or in his absence the vice-chairman or some other member specially appointed by the Board.

Banking

20. The Board shall cause any accumulated funds to be invested from time to time in such manner as the Board may decide.

Investments

21. The Board may pay out of its funds a first-class air or railway fare or reasonable transport expenses and subsistence allowance to any member of the Board who may be authorized by resolution of the Board to visit any place in the course of his duties as a member of the Board.

Expenses of members of the Board.

REGISTERS

22. The registers shall be retained in the custody of the Registrar who shall make all necessary entries therein. It shall be divided into application parts, namely a register of architects, a register of quantity surveyors, a register of landscape architects, a register of licenciates and a register of firms.

Provision and custody of register.

23. The Board shall from time to time publish all entries into and suspensions or deletions from the register in the Kenyan Gazette and in such other manner as it may deem fit.

Publication of register entries.

24. (a) The Registrar may supply a copy of any entry in the register and record upon payment of such fee as the Board may prescribe.

(b) The Registrar may, from time to time upon the instructions of the Board compile a certified list of registered persons and record of approved licentiates, copies of which may be supplied upon application and payment of such fee as the Board may prescribe.

Copies of entries in register.


APPLICATION FOR REGISTRATION AND

APPROVAL

25. a) Every application for registration and approval under the Act shall be made in writing in the English language to the Registrar and shall be in the appropriate form set out in the second and Seventh Schedules hereto accompanied by the prescribed fee.

b) (2)Every application for registration and approval shall state the qualifications upon which the application is based.

c) Application for re-registration shall be in the form set out in the schedule hereto accompanied by the prescribed fee and penalties.

Method of application.

26. a) Every application shall so far as is practicable before the Board at the next meeting after the receipt thereof.

b) An application may be referred to a committee of the Board and the report of such committee shall be considered by the Board at the next meeting after the receipt of the report.

Consideration of applications.

27. An applicant for registration shall furnish the Board with such further information and such corroborative evidence of the particulars given in his application as the Board may consider necessary for the purpose of considering the application, and Board may call the applicant to attend a meeting of the Board at his own expense; Provided that nothing herein contained shall prevent the Board from acting upon further or other evidence which may prove the incorrectness of any statement made in such application or on such attendance.

Board may call for further information

28. Should an applicant without good cause decline to furnish any further information which the Board may call for or fail to attend personally a meeting of the Board after receiving due notice, the Board may decline to consider further the application.

Withholding information

29 The decision of the Board on an application for registration shall be communicated to the applicant by letter addressed to him at the postal address appearing on his application form.

REGISTRATION AND REGISRATION CERTIFICATES

30 Every person whose name is entered in the register shall keep the Registrar informed of any change of address and the Registrar shall amend the register accordingly.

Change of address

31. Upon the completion of the entry of a name on the register a certificate of registration which shall bear a serial number corresponding to the number of the entry in the register applicable shall be duly completed and the common seal impressed thereon, and the entry in the register shall be similarly attested, and the certificate (which shall remain the property of the Board) shall thereupon be delivered to the registered person.

Issue of registration certificate.


Every certificate of registration shall be in the appropriate form set out in the third schedule hereto.

32. The name of a registered person may be removed from the register upon the instructions of the Board in the event of the death of the registered person/or by the order of the High Court in accordance with section 16 of the Act.

Removal of a name from the register

33. In the event of the suspension of a registered person or the removal of the name of a registered person from the register for any cause, the register shall be suitably endorsed by the Board and the Board shall publish in the Kenya Gazette a notice of such suspension or removal.

Endorsement of Register on Removal of a Name

34. Upon the suspension of a registered person or the removal of the name of a registered person from the register such person shall forthwith deliver up his registration certificate to the Board.

Certificate to be returned to the Board

35 Should a certificate not be returned in accordance with by-law 34 upon demand by registered letter to the last known address of the person to whom the certificate relates, the Board shall have power to take legal action for the recovery thereof.

Power to sue for return of certificate

36. Upon the return of a certificate of registration the Board shall- a) in the case of suspension, hold the certificate until

the person to whom it relates has been reinstated: b) in the case of a person whose name is removed

from the register for reasons other than death, cancel the certificate.:

c) in the case of a deceased person endorse the certificate with the death and thereafter may return the certificate to the representative of the deceased person if so requested.

Method of dealing with returned certificates.

37. In the event of a registered certificate being lost or destroyed and such loss or destruction being proved to the satisfaction of the Board, a duplicate of such registration certificate may be supplied to the registered person upon payment of a fee prescribed by the Board.

Loss or destruction of a certificate

CONDITIONS OF ENGAGEMENT AND SCALE OF

PROFESSIONAL CHARGES FOR ARCHITECTURAL

WORK

38. Subject to the provisions of the act and of these By-laws, the Conditions of Engagement and the scale of Professional Charges shall be those contained in the Fourth Schedule to these By-laws as from time to time amended or reproduced by the Board.

Fourth Schedule to apply.



PROFESSIONAL CHARGES FOR QUANTITY

SURVEYING WORK.

39. Subject to the provisions of the Act and of these By-laws, the Conditions of Engagement and the scale of Professional Charges shall be those contained in the Fifth Schedule to these By-laws as from time to time amended or reproduced by the Board.

Fifth Schedule to apply.


PROFESSIONAL CHARGES FOR LANDSCAPING

WORK

40. Subject to the provisions of the act and these By-laws the conditions of Engagement and the Scale of Professional Charges shall be those contained in the Sixth Schedule to these By-laws as from time to time amended or reproduced by the Board.

Sixth Schedule to apply

41. It shall be the duty of the Registrar to publish in the Kenya Gazette at intervals of not more than five years the scale of charges referred to in By-laws 38, 39 and 40 and with the minimum of delay to publish in the Kenya Gazette from time to time any revisions made to that scale.

Publication of scale of charges

ARTICLED PUPILS

42 A registered architect, quantity surveyor or landscape architect proposing to receive an Articled pupil shall immediately inform the Board of the name and address of such pupil together with full particulars of his articles of pupilage.

Board to be notified of conditions of Articles.

43. All articles of pupilage shall contain conditions relating to obligations of pupil to principal and principal to pupil, the period of pupilage and the consideration for which the principal shall undertake to receive a pupil and which shall be made or allowed to the principal by the parent or guardian of the pupil and all such conditions shall be submitted to and be approved by the Board.

Articles to conform with conditions approved by the Board.

44. 1) A registered architect, quantity surveyor or landscape architect, shall notify the board of the completion or cancellation of a pupil‟s articles of pupilage. In the event of cancellation the principal shall inform the board of the reason therefore.

2) Upon completion or otherwise all articles of pupilage shall be endorsed by the Board.

3) Upon successful completion of pupilage one would qualify as a licentiate

Completion or cancellation of articles to be notified and endorsed by the Board.

EXAMINATIONS

45 The Board may from time to time formulate a syllabus for and Powers of the Board.


cause examinations to be held in respect of- 1) candidates for registration; 2) preliminary, intermediate and final stages for persons

training in Kenya under articled pupilage. 3) Licenciates.

UNPROFESSIONAL CONDUCT

46 (1) The Board may declare any general course of conduct to be unprofessional conduct or professional misconduct (which expressions are used synonymously).

(2) Unprofessional conduct or professional misconduct in

relation to a charge against a registered person shall be conduct which the Board deems after due inquiry to be such.

(3) In particular and not exclusively and without derogation of

the powers of the Board under paragraphs (1) and (2) of this by-law, a registered person may be deemed by the Board to be guilty of unprofessional conduct or professional misconduct if he-

Definition of unprofessional conduct. Unprofessional conduct

a) engages directly or indirectly in any of the building trades either as principal (except as owner of the building to be erected) or in a salaried capacity or practice as an auctioneer, estate agent, manufacturers‟ agent or any other commercial undertaking inconsistent with the profession of a registered person without the Board‟s approval which approval shall not be withheld vexatiously.

b) accepts any work which involves the giving or receiving of commissions:

c) owns or have a commercial interest, either as a director of a company or as a consultant or adviser in any material, device or invention used in a building without first informing his client thereof and obtaining his sanction before specifying the use of it in works under his direction;

d) advertises or publicly offer his services by means of circulars or otherwise or make paid announcements in the media in an ostentatious way or with lack of decorum;

e) gives monetary consideration for the insertion of illustrations and descriptions of his work in the press or allow illustrations and descriptions of his work to be used by the publishers for extorting advertisements from unwilling contributors;


f) issues any drawings, specifications, bills of quantities, certificate or final account unless the same bear his name, signature and Registration number;

g) except as provided by by-law 47 hereof enter into partnership in regard to architectural or quantity surveying work with any person not registered provided that nothing herein shall be deemed to prevent an Architect from entering into partnership with a quantity surveyor,

h) takes part in any architectural competition limited or otherwise, or bidding process unless the conditions thereof comply with the Board of Registration of Architects and Quantity Surveyors Regulations Governing Promotion and Conduct of Architectural competitions and/or Bidding in so far as they apply;

i) attempts in any way to secure work for which a competition or project bidding process has been instituted, except as a competitor and/or bidder and in accordance with the conditions of that competition or project bidding process until the conditions of competition and/or bidding have ceased to be operative.

j) attempts to influence unfairly or dishonorably whether directly or indirectly the award in a competition and/or bid;

k) acts as architect or quantity surveyor or joint architect or joint quantity surveyor for a work which is or has been the subject of a competition and/or bid in which he is or has been engaged as assessor;

l) as an assessor acts as a consultant unless he has been appointed as such prior to the inception of the competition and/or bidding process, provided always that he may act as arbitrator in any dispute between the promoters and the selected consultants.

m) willfully destroys his original drawings, details, dimensions, abstracts, draft bill and any other documenting evidence necessary to verify his bill documents until twelve months after the final completion of the contract and the settlement of all accounts.

n) for public buildings fails to incorporate a suitably located plaque indicating the names of the registered persons involved in the design,


supervision and construction of the project. The size of such plaques will be determined by the Board from time to time.

o) attempts to supplant another Registered person;

p) knowingly proceed with the work which was previously entrusted to another registered person before communication with the registered person previously employed and enquiring and ensuring the fact that his engagement has been terminated;

q) obtains or attempts to obtain architectural or quantity surveying work by means of offering or paying monetary or other valuable consideration or inducement to any person or persons or by any other improper means;

(4) r) pay another registered person less than the agreed fees.

s) act other than in an impartial manner between the employer and the contractor or interpret the conditions of a contract other than with entire fairness as between all parties to the contract;

t) knowingly contravenes the provisions of the Act or of these By-laws or make a false declaration in his application for registration;

u) conduct himself in a manner which the Board may deem incompetent, dishonourable or grossly negligent in connection with the work performed by him as a registered person;

v) defaults in respect of payment of any moneys due by him to the Board.

w) misconduct's himself with client‟s funds.

x) contravenes the provisions of practice notes issued by the Board from time to time;

y) A registered person will be held responsible for the acts of members of his staff so far as they relate to matters coming within the scope of subparagraphs (a) to (w) inclusive of paragraph (3) of this by-law.

47. (1) The Board may approve the entry into partnership of a registered person with approved licentiates.

Approval of Partnership

(2) The Board may from time to time either generally or in


relation to any application impose further conditions for the approval of a partnership.

(3) The Board may at any time withdraw its approval to the partnership of a registered person with an approved licentiate if it finds after due inquiry that continued partnership is no longer in the interests of the profession by reason of conduct of the licentiate partner in a matter outside the practice of a registered person.

(4) Inquiry under paragraph (3) of this by-law shall be conducted as far as possible in accordance with by-laws 48 to 54 inclusive of these By-laws, except that both the registered and the licentiate partner shall be given notice of the grounds of the complaint.

INQUIRY INTO CONDUCT OF REGISTERED

PERSONS

48. 1) Inquiry into the conduct of a registered person may be instituted by the Board upon the Board's initiative or upon complaint addressed to the Board in writing, made by or on behalf of any person alleging unprofessional conduct on the part of a registered person.

2) The Board may conduct such inquiry or may refer the inquiry to a subcommittee appointed by the Board for the purpose.

Institution of inquiry

49. The Board may require the complainant to file further particulars of any of the matters complained of and may require the complaint or any part thereof to be verified by affidavit.

Complainant to file particulars on affidavit of

50 Upon receipt of a complaint against a registered person, the Board shall notify the person complained of , giving the grounds of the complaint, under cover of registered letter, sent to his last address acknowledged by the Registrar

Person complained of to be notified

51 The Board may call upon the person whose conduct is complained of or is under investigation, within ten days thereafter, to file an explanation in answer to the complaint and may require such explanation to be verified by affidavit.

Person complained of to file explanation

52 The Board may summon before it any registered person against whom any complaint may be lodged or whose conduct may appear to the Board to require investigation or order such person to appear before a subcommittee appointed for the purpose of investigation and may call upon such person to produce any document, contract, book, paper, drawing, specification, quantities or other writing in his possession or under his control in any way relating to or concerning the complaint or matter under investigation and may hear any evidence and inspect any document which the complainant or the party complained against may desire to adduce

Person complained of to appear in person and produce documents.

53 The person against whom the complaint is made shall have the right to appear before the Board and to be heard either

Right of person complained of appear before Board.


personally or through his advocate and may call such evidence and produce such documents as may be relevant

54 Should such person not appear or not file such explanations as provided in by-laws 51 and 52 the inquiry may be proceeded with forthwith

Failure of person complained of to appear at inquiry

55 The Board having inquired into the alleged misconduct of any person may proceed in accordance with section 16 of the Act.

Cap 525 Fourth Schedule

CAP 525

FOURTH SCHEDULE

CONDITIONS OF ENGAGEMENT AND SCALE OF PROFESSIONAL CHARGES FOR

ARCHITECTURAL WORK

PREAMBLE

Architects in Kenya are governed by the Architects and Quantity Surveyors Act (Cap. 525) and by the By-laws made thereunder.

4.01.00 DUTIES AND OBLIGATIONS OF THE ARCHITECT

The Architects responsibilities and scope of work, sometimes in collaboration with others, shall fall in all or some of the following:-

Generally The Architects shall exercise all reasonable skill, care and diligence in the discharge of his

duties to safeguard the interests of the Client. In so far as any of the Architect's duties are discretionary he shall act fairly as between the Client and the Contractor. The Architect shall not initiate or proceed with any stage of his duties, or make material deviation from what has been agreed without the knowledge and consent of the Client. Architects are encouraged to give preferential treatment and commitment to social and public projects. For the purpose of this clause the duties that may be performed by the Architect are:

4.01.01 PRE-DESIGN STAGE

a) Advising on Site Selection

Inspections, evaluations, comparative studies detailed study negotiations and reports to the Client. The detailed study may include topographic and sub-surface conditions, utilities, zoning and land use requirements, parking and traffic flow regulations, title restrictions, existing or proposed easements, public relations evaluation.

b) Site Use Studies

Analysis of site to allow optimum use, including review of existing conditions, services, if any, planning requirements to establish facility locations, site improvements, landscape.

c) Studies of Services

Studies of requirements on-site and off-site, which may include electrical service and distribution, sewer and stormwater collection, drainage, water supply and distribution, fire control and alarm, emergency lighting, security protection, air-conditioning, pollution control, site illumination, telephone.

d) Zoning Analysis and Authorities Consultations

Determination of conformity with planning zones, preparation of material for and consultation with authorities, applications for approvals, re-zoning, attending appeals.

e) Finance and Feasibility Studies and Reports

Technical appraisal, user study, planning and design study, statutory authority, financial study, reports, time tables, contract procedures.


f) Soil Investigations

Organise for investigations of surface and sub-soil conditions to determine the nature of the material, characteristics, bearing capacity, water table, ease of excavation.

g) Project Programming and Analysis

Assessment of area requirements and functional relationships for the design brief, including consideration of client's resources, technical requirements, physical requirements, site limitations, future facilities and requirements and setting the initial programme.

h) Preparation of Brief

Preparation of brief and/or assistance in preparation of client's detailed brief.

i) Submissions for grants, subsidy and Fund Raising

Preparation of drawings, reports, estimates and consultations.

j) Building Procurement Advice

Advising on appropriate means of procuring buildings and on types of building contracts available.

k) Equipment and Plant Procurement Advice

Advising on appropriate means of procuring plant and equipment and studying compatibility of the same.

l) Administrative Services

Research, correspondence, discussion, management in providing predesign services.

4.01.02 DESIGN AND DOCUMENTATION STAGE

a) Schematic Design

Preparation of schematic design, illustrated by scheme drawings and/or reports, and provision of indicative estimates of cost.

b) Design Development Stage

Preparation of design development, including appropriate developed sketch drawings, reports, advice on preliminary designs of engineering and other specialist services and provision of time program and estimates of cost. Submission of drawings to Statutory Authorities as under 4.01.04(o).

c) Detailed Design Stage

Preparation of detailed drawings to clearly illustrate construction details including the preparation of schedules for materials and finishes.

d) Tender Action

Calling and Reporting on Tenders Calling of tenders in conjunction with or on behalf of the client and answering tenderers‟

queries. Analysis and advice in respect of tenders received. Negotiation, preparation of documents and arrangements for execution of contract.

Note: Additional services (where there is no Quantity Surveyor) may include preparation of documents for and calling of alternative tenders and/or administration of special tendering procedures as in 4.01.04(k).


e) Additional Services

Research, correspondence, discussion and management in providing design services.

4.01.03 POST CONTRACT SERVICES

a) Administering the Contract

Administration of the contract and inspection of the works including, design, site meetings (to a maximum of two meetings per month) as appropriate, supplying information, checking claims and issuing certificates, negotiating variations and cost adjustments and dealing with claims for extensions of time and other matters included in the building contract.

b) Detailed Supervision

Providing regular, persistent and continuous supervision on site during construction and ex-site during fabrication or assembly.

Where more frequent or constant inspection is required a Clerk of Works shall be employed.

He shall be nominated or approved by the Architect, and be under the Architect's direction and control. He shall be appointed and paid by the Client or alternatively may be employed by the Architect who shall be reimbursed in accordance with Clause 4.03.11 of this Schedule.

Where the employment of a resident architect is agreed he shall be employed by the

Architect who shall be reimbursed in accordance with Clause 4.03.11 of this Schedule. c) Record Drawings, Maintenance and/or Guideline Manuals

Providing drawings showing significant changes made in the work during construction, either re-drawn or marked-up drawings and/or other data appropriate.

Providing maintenance manuals for buildings, services and plant. d) Commissioning Assistance

Providing assistance in the utilisation of systems and equipments, initial start-up and testing, adjustment and balancing, training of personnel and consultations.

e) Services during Defects Liability Period

Making periodic maintenance inspections, warranty reviews, estimations for insurance, operational reviews, approving and coordinating special tenant requirements.

f) Administrative Services

Research, correspondence, discussion and management in providing post design services.

4.01.04 SPECIAL SERVICES

a) Special Drawings

Providing drawings for phased developments, studies, models, services, co-ordination, approvals, lessor, lessee and other special purposes.

b) Development Planning

Preparation of long term master plan for development and phasing of development within the plan.

c) Segregated Contracts

Providing documents for sections of the work which taken together comprise the complete works.


d) Co-ordination of Special Plant

Providing documents, arranging meetings, making site inspections, advising, testing, and handing over of completed installation.

e) Landscape Design

Designing and/or arranging for landscape work, garden work, preparing documents, calling tenders and arranging for execution of the work.

f) Interior Design

Providing interior planning, décor and space utilization including Designing or selecting furniture, fittings, fixings and furnishings, preparing documents for calling of tenders for manufacture and supply, arranging for execution of the work.

Selection or advising on works of art or engaging and instructing artists. g) Estimates of Replacement Costs

Providing estimates for replacement of buildings and plant. h) Construction and Operation Research

Providing design, construction, operation research and arranging production of prototypes. i) Project Management

Providing specialised management for the project, from inception to completion, including preparation of briefs, appointing and coordinating consultants, construction managers, agents, contractors, reporting on progress and finances and handing over on completion.

j) Existing Building Survey and Reports

Inspection, preparation of measured drawings, verification of available drawings, taking photographs, checking building ordinances and authority requirements, preparing reports. Reports may include examination of building components and services, advising on use, re-use, improvements, alterations, development, preparation of schedule of dilapidation and costs.

k) Construction Management

Providing specialised advice during the design and documentation stages and management through the construction stage, including calling of tenders and quotations, letting contracts, coordinating contractors and suppliers, certifying payments, controlling retentions, quality control, programming, reporting on progress and finances and handing over on completion.

l) Reinstatement after Damage

Providing services in connection with reinstatement after damage, i.e. water, storm, fire, explosion and other causes.

m) Examination of Drawings and Documents

Examination of drawings and other documents in connection with special advises as required.

n) Special Studies

Studies may include environmental and environmental impact, matters arising from town planning, matters arising from town planning, matters arising from statutory planning, effect of building regulations and other statutory authorities controlling buildings.


o) Submissions

Submissions may include preparation of reports, drawings, applications for obtaining licences, applications to Tribunals and Boards of Appeal.

p) Attendance

Attending Tribunals, Courts, Arbitration Hearings, Boards, Associations and the like. q) Litigation and Arbitration

Preparing material, opinions, acting as expert witness in connecting with litigation and arbitration proceedings.

r) Property and Plant Estimates

Providing property and plant estimates for insurance, sale, studies and reports. Providing estimates for projected work, studies and reports.

s) Review

Review of completion of abandoned projects. t) Procurement and Administrative Services

Includes travel, research, correspondence, material procurement discussion and management in providing special services.

4.02.00 CLIENTS DUTIES AND RESPONSIBILITIES

PREAMBLE

The client if one natural person may, and if other than one natural person shall, nominate in writing one natural person with authority to give instructions to the architect with respect to the project.

4.02.01 Clients’ Representatives

The Client may appoint one of the Consultants to be a Principal or Lead Consultant whose duties will be to lead the project and coordinate the activities of other Consultants on behalf of the Client. The Client shall promptly upon the request of the Architects convey any decision or information that the Architects considers necessary for the proper performance of his services. If the Client appoints a Representative and the Representative has ceased for any reason to act as such, the Client shall promptly inform the Architects in writing of a new Representative. All instructions of the Client to the Architects with regard to the service (including instructions to vary, and or suspend services) shall be given in writing or if given orally shall be confirmed by the Architects within seven days.

4.02.02 Clients’ Instructions

The Client shall give to the Architect instructions adequate to define the Clients‟ requirements, including program and budget.

4.02.03 Authority

The Client authorizes the Architect to act as the Client's agent in such matters as are set out or implied in their agreement and as are set out or implied in the particular building contract or other contract adopted for the project.


Where the Architect's services include the administration of a building contract or other contract all instructions to the builder or other contractor shall be given by the Architect unless the building or other contract specifically provides otherwise.

4.02.04 Site Particulars and Specialised Counselling

Unless provided otherwise elsewhere in this schedule the Client is responsible for the provision of all legal, survey and other particulars concerning the site, including particulars of existing structures, services and features, sub-surface conditions and adjoining sites and structures and for the provision of specialised counselling not normally provided by architects.

Should the architect undertake to obtain such particulars or counselling on the instruction of

the client, he shall do so as agent of the Client and at the Client's expense. The Client is responsible for the accuracy and completeness of all such particulars or

counselling provided by him.

4.02.05 Submissions to Client

The Client shall consider the Architects‟ submissions and give decisions and provide required information within a reasonable time so as not to delay the Architect's work.

4.02.06 Consultants

Where consultants are appointed, the Architect shall direct them and integrate their services.

Consultants employed by the Client whether appointed and paid directly by the Client or by

the Architect as agent for the Client shall be responsible to the Client, and the Architect's responsibility to the Client in respect of such consultants shall be limited to directing them and integrating their services.

Selection of consultants by the architect shall be in consultation with the Client, and they shall be responsible to the Client for their services.

Where consultants are employed by the Client as provided for elsewhere in this schedule the Client shall ensure that the terms of appointment include a condition giving the architect authority to direct them and integrate their services.

4.02.07 Variations to Design

The Architect shall not make any material alteration to, addition to or omission from the approved design without the consent of the Client, except in case of urgency during construction, in which case he shall subsequently notify the Client promptly.

4.02.08 Variations to Cost or Time

The Architect shall inform the Client within a reasonable time if the Architect has reason to believe that the authorised expenditure or the approved time program (if any) for the project is likely to be varied significantly.

4.02.09 Stages of Service

The Architect shall not initiate or proceed with any stage of services i.e. predesign, schematic design, design development, detailed design or post contract services without the authority of the Client.


4.02.10 Specialist Contractors and Suppliers

Where the Client directs that specialist contractors and/or suppliers design part of the project the Architect shall be responsible only for the integration of such design into the design of the project as a whole.

4.02.11 Inspection

Where the services to be provided by the Architect include contract administration the Architect shall make such inspections as may reasonably be necessary in order to be satisfied that the buildings or other works executed are in general accordance with the contracts which the Architect is administering.

4.03.00 REMUNERATION

4.03.01 The Architect is advised to uphold and apply the Scale of Professional Charges published by the Board. The remuneration of the Architect may therefore be in accordance with the Scale and conditions specified herein unless otherwise agreed between the Architect and the Client and the same be part of commissioning agreement.

4.03.02 Where the services of more than one profession are done by a single firm or consortium, fees shall be the same as if such services were provided independently. Any consolidated fees shall therefore be the sum of the appropriate fees for the individual professional services rendered.

4.03.03 Percentage Fee

Where the fee payable to the Architect is a percentage of the cost of the works the fee shall be calculated by applying the percentage stated in the Appendix to a figure equivalent to the cost of works-tendered, the cost of works-executed or the cost of works-estimated as applicable.

"Cost of works-tendered" shall be the amount of the accepted tender (including amounts in

respect of any work tendered but subsequently omitted), or if no tender is accepted, the amount of the lowest valid tender received.

"Cost of works-executed" shall be to amount finally payable to the builder and/or other

contractors, including any adjustments to cover changes in respect of cost of labour, materials and other items, and before deduction of any damages, penalties or other monies which may be due to the Client from the builder or other contractors.

Where the Client is the builder a statement of the ascertained cost of the works plus an

allowance for overheads and profit may be used in calculating the "cost of works-executed". In the absence of such a statement, the Architect's own or a Quantity Surveyor‟s estimate shall be used. In case of “works-estimated" shall be the Architect's reasonable estimate of the cost of executing the work under normal commercial conditions at the time that the Architect's fee becomes due.

In all cases, the "cost of works-estimated" shall be used for assessing progress payments

and assessing final payment when "cost of works-tendered" and "cost of works-executed" are not available or are not applicable.

In all cases, the cost of works shall: a) Include the cost of all work designed by the Architect and consultants under his

direction.


b) Exclude, where the project is to house plant or equipment, the cost of any such items, the design, selection, layout or installation of which is not the responsibility of the Architect or a consultant under his direction.

c) Include the cost of service installations, fixed or built-in-furniture and equipment appertaining to the building whether covered by a monetary sum, a provisional sum, a prime cost sum, or not, which the Architect has had to co-ordinate or make provision for in the documentation.

d) Include the cost of old materials calculated as if they were new. e) Include the cost of any material, labour, cartage or part of the works provided by the

Client calculated as if it were provided by the builder or other contractor. f) Be the market value as though duty had been paid of any materials imported duty

or tax free for works by any special arrangement.

Where work is omitted on the instruction of the Client, the Architect shall be entitled to fees for his services in respect of such work prior to its omission. Such fees shall be based on the value of the work omitted.

Where fees for design and documentation are charged on cost of "works-tendered" basis

and variations to the works by way of additions are made after the fee for design and documentation has been assessed, then fees for design and documentation shall also be payable in respect of such variations.

4.03.04 Lump Sum Fee

The Architect may agree with the Client to charge a lump sum fee for his professional service. The fee to be charged may be assessed having regard to a percentage calculation, a time and manhour charge calculation or some other method. The position relating to variations, cost escalation, protracted services and the like will also need to be taken into account and agreed.

It may be agreed with the Client that should the end cost of the works be less than the

predicted end cost an additional fee will be paid. Such additional fee may be computed as a percentage of the cost saving or on some other basis as may be agreed.

4.03.05 Combined Fee

The Architect may agree with the Client upon a percentage or lump sum fee sufficient to cover his own fee and the cost of all consultants' fees payable by him.

4.03.06 Works to Existing Buildings

Recommended fees for professional works to existing buildings may be as above multiplied by a factor of 1.65

4.03.07Works of specialized nature:

Recommended fees for works of specialized nature may by multiplied by a factor of 1.25..

4.03.08 Progress Payments - Fees by Stages

The Architect is entitled to payment at intervals in amounts commensurate with the service provided.

Where the Architects' fee is a percentage of the cost of the works (or is a lump sum fee)

then for the purpose of progress payments the fee should be apportioned by stages. In a typical case this might be as follows:-

Stage Fees


1 Inception stage Time basis

2. Schematic design stage 15%

3. Design development stage 20%

4. Detailed design and Tender Action 30%

5. Post contract stage 30%

6. Making good & Final Account 5%

4.03.09 Time Charges

Where fees is to be paid on time basis or in place of percentage fees the charges will be at an hourly rate of Kshs. 5.00 per every Kshs. 1,000 of the gross annual income or income of a comparable professional in the construction industry.

4.03.10 Architects Liability

The Architects shall perform the services with reasonable skill, care and diligence, but:- a) no liability shall attach to the Architect in respect of the services except such

liability as ought to be covered by the professional indemnity insurance. b) such liability shall be limited to the sum insured as agreed with the Client. c) no liability shall attach to the Architect either in contract or in tort for loss, injury, or

damage sustained as a result of the act or omission or insolvency of any person other than the Architect and the Architect shall not be liable to indemnify the Client in respect of any claim made against the Client for any such loss, injury or damage.

The Client may at any time request the production of a proof of professional indemnity insurance cover by the Architect and may terminate the appointment if such proof is not provided within seven days.

4.03.11 Out of Pocket Expenses

The Client shall be entitled to one set of approved documents free of charge. The Client and the Architect may agree a lump-some payment or alternatively a sum

calculated as a percentage of fees to cover all of pocket expenses for the project. The Client shall reimburse the Architect for all additional out of pocket expenses and

properly incurred in connection with services provided under this agreement. Such expenses shall include but shall not be limited to the following:

.01 Reproduction of Drawings

The provision of any drawings or documents other than those used by the Architect in his own office and set of the final drawings to the Client.

.02 Hotel and Travelling Expenses

Road, rail and air travelling expenses incurred in connection with the project shall be reimbursed including mileage allowance for cars as published by Automobile Association of Kenya rates excluding expenses for travelling from normal place of residence to site or office and for journeys to and from site or destinations situated less than 50 kilometer's from the Architect's Office.

Where it becomes necessary for Architect to hire a plane or vehicle he must make prior

arrangements and approval by the Client must be obtained. Reasonable hotel and subsistence expenses consistent with seniority of the Architect's staff

will be reimbursed on rates supplied from time to time by an authority in the hotel industry.


.03 Travelling Time

Time spent by the Architect and technical staff in travelling (other than from the normal place of residence to the Architect's Office) shall be chargeable on hourly basis.

.04 Statutory Authorities

Fees paid by the Architect to statutory authorities having jurisdiction over the project with Clients approval.

.05 Advertisements

Advertisements and published notices authorised by the Client in connection with the project.

.06 Forms of Building Contract

The provision of forms of building contracts.

.07 Photography

Photography records authorised by the Client.

.08 Special Services

Special services as requested by the Client, which may include perspective drawings, models, maintenance manuals, and work-as-executed drawings.

.09 Communication

Telephone calls (other than local calls) telex messages, telefax, e-mail, telegrams, cables, air freight and courier services.

.10 Rental of Equipment

Rental of specialised equipment where required and agreed by the Client.

.11 Site Staff

Where site staff is employed by the Client and paid through the Architect, the Architect shall be reimbursed for actual salary plus incidental expenses agreed with the Client.

.12 Advance Payments

The Architect shall be entitled to an advance payment subject to a maximum of 15% of the precontract fee chargeable.

.13 Overdue Payments

The Architect shall be entitled to interest at the same rate as the overdraft rate last fixed by a reputable commercial bank of all fees due and not paid within 30 days of rendering of account.

.14 Overtime

If overtime work by the Architect is required to meet special circumstances and is authorised by the Client in advance, then any extra expense thus caused to the Architect shall be charged.

4.03.11 Records

Records of disbursements and expenses pertaining to services, records of additional services and records of services on a time charge basis shall be kept by the Architect on a generally recognised accounting basis, and shall be available for inspection by the Client or his authorised representative at mutually convenient times.


4.04.00 GENERAL

4.04.01 Ownership of Documents, Copyright

The drawings, specifications and other documents provided by the Architect, are the property of the Architect whether the work for which they are made is executed or not. The Client may only use the drawings, specifications and other documents for the works for which they are prepared.

They shall not be used for other work except by agreement with the Architect. Copyright in

all drawings, specifications and other documents provided by the Architect remains the property of the Architect. (Except as provided for in Copyright Act; Cap 130, Section 6).

4.04.02 Abandoned Works

(a) Where the construction of works is cancelled or postponed for a period exceeding twelve months, or the Architect is instructed to stop work indefinitely at any time they shall be deemed to be abandoned and fees for partial service will be due.

(b) If, however, instructions necessary for the Architect to continue work are not

received from the Client, the works may be deemed to have been abandoned after six months have elapsed from the time such instructions were requested.

(c) Where works are abandoned or any part of them is omitted at any time before completion, fees for partial service in respect of the whole or part of the works shall be charged for all work done with due authority, in accordance with Clause 4.03.07 of this Schedule.

4.04.03 Deferred Services

If due to the Client's instruction or lack of instruction a break in the continuity of the Architect's service occurs, and instructions allowing the Architect to continue work are not received within 60 days of being requested by the Architect then fees for the services completed at the time of cessation shall be determined in accordance with the provisions of this schedule.

4.04.04 Resumption of Works Previously Abandoned or Postponed

If, within twelve months, the postponed works or any part thereof shall again proceed without alterations, then any relevant payments made under Clause 4.03.07 shall rank as payments on account towards the total fee actually payable and calculated on the cost of the works.

Except where there is written agreement to the contrary where works which have been

abandoned are resumed after 12 months any fees paid under Clause 4.03.07 shall be regarded as final payment for the duties originally rendered. The appointment of the Architect for the resumed work shall be deemed a new appointment for that part of the work which remains to be completed.

Should additional duties by the Architect be required in connection with the resumption of

postponed or abandoned works, the Architect shall be entitled to charge for additional duties.

4.04.05 Changes in Instructions and Protracted Services

If the Architect's work is increase due to changes in the Clients‟ instructions or requirements or if the Architect's work is increased or his services are protracted due to causes beyond his control, then (unless the Architect's fees is already on a time charge basis) an additional fee shall be chargeable on a time basis, unless some other basis is agreed. Should


any such additional fees become or appear likely to become chargeable, the Architect shall promptly notify the Client.

4.04.06 Alterations or modifications to design

If after the Client's approval of any stage of the Architects duties, any work whether completed or in progress or other document prepared in whole or part by the Architect shall require to be modified or revised by reason of instructions received by the Architect from the Client or by reason of circumstances which could not reasonably have been foreseen, such modifications or revisions and any consequential reproduction of documents shall, provided there will be no change of use, be the subject of additional payment computed on a time basis as may be agreed together with any appropriate reimbursement of any out of pocket expenses.

4.04.07 Damage or Destruction of the Works

If at any time before the completion of the project any part of the works shall be damaged or destroyed by war risks, natural causes or by any other cause not due to negligence by the Architect, the Client shall pay to the Architect the appropriate remuneration for any additional work and expenses incurred by the Architect.

4.04.08 Review

Where the Architect is required to take over work provided by or on behalf of the Client as a basis for the works for which he is primarily engaged, then before commencing such work he shall review the work so provided. If following this review it is necessary for the Architect to make good deficiencies in such work then an additional fee is chargeable on a time charge basis unless some other basis is agreed upon. Should any such additional fee become or appear likely to become chargeable, the Architect shall promptly notify the Client.

4.04.09 Special Contracts

If by instruction of the Client subsequent to entering into agreement the Architect is required to document and/or administer a project governed by special contract conditions or a contract other than one commonly used in the building industry, and if, as a result of this, additional work is incurred by the Architect, an additional fee is chargeable in accordance with the work involved. Should any such additional fee become or appear likely to become chargeable, the Architect shall promptly notify the Client.

4.04.10 Other Services

Where for any services provided by the Architect the fee is not stated in the agreement, such fee shall be on a time charge basis unless otherwise agreed.

4.04.11 Disclosure and Publication of Information

The Architect shall treat the details and specification of the works arising from this agreement as confidential and shall not publish or disclose the same or any particular thereof in any trade area, technical paper or elsewhere without the prior written consent of the Client of which should not be withheld vexatiously.

4.04.12 Interpretation

Any question arising out of these conditions of Engagement and/or the Schedule of Duties and Professional Charges may be referred by the Architect or Client to the Board of Registration of Architects and Quantity Surveyors for advice at any time, provided always that any difference or dispute between them shall be determined in accordance with Clause 4.04.13 or 4.04.14.


4.04.13 Settlement of Disputes

Any difference or dispute between the parties shall be referred by agreement by both parties to the Board of Registration of Architects and Quantity Surveyors for an opinion provided always that such an opinion is sought on a joint statement of disputed facts and the parties undertake to accept the Board's opinion as final.

4.04.14 Arbitration

Whereas any difference or dispute arising out of the Conditions of Engagement and/or the schedule of Duties and Professional Charges cannot be determined in accordance with clause 4.04.15, it shall be referred to arbitration.

The arbitration shall take place in Kenya and shall be conducted in accordance with the

provision of the current Arbitration Act of the Laws of Kenya. The arbitration shall be by a person to be agreed by the parties, on failing agreement within

fourteen days after either party has given the other a written request to concur in the appointment of an arbitrator to a person to be nominated at the request of either party by the Chairman AAK or Chairman, Chartered Institute of Arbitrators, Kenya Branch.

The cost of the reference and award shall be at the discretion of the arbitrator or an umpire

who may direct to whom any by whom and in what manner those costs or part thereof are to be paid.

4.04.15 Assignment

Neither the Client nor the Architect shall assign their agreement without the written consent of the other. Consent to assignment shall not be unreasonably withheld.

4.04.16 Termination

The Architect/Client Agreement may be terminated by either party on the expiration 21 days notice given in writing. Upon termination the Architect shall be entitled to reasonable payment for services provided in accordance with the Client/Architect Agreement. Equally the Client shall be entitled to receive services for which payment will have been effected.


SCHEDULE OF DUTIES AND PROFESSIONAL.CHARGES FOR ARCHITECTS

:

CHARGES

INCEPTION STAGE FEES ON TIME BASIS

(i) Advising on site selection Fees on time charge basis

(ii) Site use studies Fees on time charge basis

(iii) Studies of services Fees on time charge basis

(iv) Zoning Analysis & Authorities Consultations Fees on time charge basis

(v) Finance, Feasibility Studies and Reports Fees on time charge basis

(vi) Soil Investigations Fees on time charge basis

(vii) Existing Building survey and Reports Fees on time charge basis

(viii) Project Programming and Analysis Fees on time charge basis

(ix) Preparation of Brief Fees on time charge basis

(x) Submission for Grants, Subsidy and Fundraising Fees on time charge basis

(xi) Building procurement Advice Fees on time charge basis

(xii) Additional Services Fees on time charge basis

DESIGN AND DOCUMENTATION STAGE Fees on time charge basis

(i) Schematic Design Stage 15% of fees

(ii) Design Development Stage 20% of fees

(iii) Detailed Design & Tender Stage 30% of fees

(iv) Additional services Fees on time charge basis

POST CONTRACT STAGE:

(i) Administering the contract )

(ii) Record Drawings, Maintenance Manuals ) 30% of fees

(iii) Commissioning Assistance )

(iv) Services after Final Completion including ensuring of making good defects

5% of fees

(v) Additional services Fees on time charge

SPECIAL SERVICES

(i) Special Drawings Fees of time charge basis

(ii) Phased Development Planning Fees on time charge basis

(iii) Segregated Contracts Fees on time charge basis

(iv) Co-ordination of Special Plant Fees on time charge basis

(v) Landscape Design Fees as in 4.03.03

(vi) Interior Design Fees as in 4.03.03

(vii) Estimates of Replacement costs Fees on time charge basis

(viii) Construction and Operation Research Fees on time charge basis

(ix) Project Management 2% of construction cost

(x) Construction Management 2% of the project cost

(xi) Reinstatement After Damage Fees on time charge basis

(xii) Examination of Drawings and Documents Fees on time charge


basis

(xiii) Special Studies Fees on time charge basis

(xiv) Submissions Fees on time charge basis, times 2.5

(xv) Attendances but at 2.5 times the normal Fees on time charge basis,

(xvi) Litigation and Arbitration Fees on time charge basis but at 2.5 times the nor mal

(xvii) Property Estimates Fees on time charge basis

APPENDIX Recommended minimum scales of professional fees

COST OF WORKS FEES

Below Shs. 7,500,000.00 5.95%

Shs. 7,500,001.00 to Shs. 15,000,000.00 5.78%

Shs. 15,000,001.00 to Shs. 30,000,000.00 5.50%

Shs. 30,000,001.00 to Shs. 60,000,000.00 5.25%

Shs. 60,000,001.00 to Shs. 120,000,000.0 5.02%

Shs. 120,000,001.00 to Shs. 240,000,000.00 4.79%

Shs. 240,000,001.00 to Shs. 480,000,000.00 4.57%

Shs. 480,000,001.00 to Shs. 960,000,000.00 4.25%

Shs. 960,000,001.00 to Shs. 1,920,000,000.00 3.94%

Shs. 1,920,000,000.00 to Shs. 3,840,000,000.00 3.78%

Over 3,840,000,001.00 3.5%

Cap 525 Fifth Schedule

CAP 525 - FIFTH SCHEDULE

CONDITIONS OF ENGAGEMENT AND SCALE OF PROFESSIONAL CHARGES FOR

QUANTITY SURVEYING WORK

PREAMBLE

Quantity Surveyors in Kenya are governed by the Architects and Quantity Surveyors Act (cap 525) and by the By-laws made thereunder.

5.01:00 DUTIES OF THE QUANTITY SURVEYOR

5.01.01Inception Stage

Hold meetings with the Client and other Consultants, visit the site, advise on the cost of meeting the clients‟ requirements, prepare a developers budget and cash flow projections, cost analysis for feasibility studies and the like.

5.01.02 Preliminary Scheme Design Stage

Prepare an approximate estimate of cost based on linear, superficial, cubic or similar basis from the outlined sketch proposals. Advise on possible design economics and on the financial implication of different design proposals and prepare a Cost Plan for the agreed proposal to form a basis for cost control during detail design.

5.01.03 Final Design Stage

Provide advice on cost and cost control during design and amend approximate estimate and cost plans as necessary including cross checking with the agreed budget and advising the Client accordingly. Prepare tender documents including Bills of Quantities where required and ensure that the documents tally with other consultants' drawings/specifications and the Client's requirements including advising on the form of contract and selecting of contractors.

5.01.04 Tender Action Stage

Advise on tender, obtain and evaluate tenders, recommend on the appointment of the contractor, draw up contract documents for signature by the parties and ensure safe custody of the original contract documents including registration.

5.01.05 Construction Stage

Make periodic visits (maximum of two visits per month) to site to survey works in progress, take particulars and prepare valuations for interim payments in collaboration with other Consultants. Monitor and advise on costs including preparation of regular financial appraisals, advise on contractual matters, examine, evaluate and report on contractors' claims.


5.01.06 Defects Liability Period

Prepare and complete measurement of executed work and pricing of the final account and prepare valuation for the final certificate in collaboration with other consultants. Advise the Client on any outstanding disputes with the Contractor excepting being involved in any Arbitration and litigation process.

5.01.07 Site Supervision

Where continuous presence of a Quantity Surveyor is necessary on site, a Resident Quantity Surveyor will be engaged by the Consultant Quantity Surveyor subject to prior approval by the Client or the Lead Consultant and the Resident Quantity Surveyor will be reimbursed in accordance with the terms to be agreed with the Client.

5.01.08 Project Management

Provide management for the project, from inception to completion, including preparation of brief, appointing and controlling consultants, construction manager, agents, contractors, reporting on progress, finances and handing over on completion.

5.01.09 Construction Management

Provide advice during the design and documentation stages and management through the construction stage, including calling of tenders and quotations, letting of contracts, co-ordinating contractors and suppliers, certifying payments, controlling retentions, quality control, programming, reporting on progress, finance and handing over on completion.

5.01.10 Special Studies

Studies may include environmental and environmental impact matters arising from town planning, matters arising from statutory authorities controlling buildings.

5.01.11 Attendances

Attending Tribunals, Courts, Arbitration Hearings, Boards, Associations and the like.

5.01.12 Litigation and Arbitration

Preparing material, opinions, acting as expert witness in connection with litigation and arbitration proceedings.

5.01.13 Property and Plant Estimates

Providing property and plant estimates for insurance, replacement, sale studies, reports. Providing estimates for projected works, studies and reports.

5.01.14 Administrative services

Research correspondence, discussion and management in providing advice on project implementation.


5.02.0 OBLIGATIONS OF THE QUANTITY SURVEYOR

5.02.01 The Quantity Surveyor shall exercise all reasonable skill, care and diligence in the discharge his duties to safeguard the interests of the Client. In so far as any of the Quantity Surveyor's duties are discretionary he shall act fairly as between the client and the Contractor. The Quantity Surveyors shall not initiate or proceed with any stage of his duties, or make material deviation from what has been agreed without the knowledge and written consent of the Client or his representative. Quantity Surveyors are encouraged to give preferential treatment and commitment to Social and Public projects. For the purposes of this clause the duties that may be performed by the Quantity Surveyor are as described under clause 5.01.

5.02.02 Quantity Surveyor's Liability

The Quantity Surveyor shall perform the services with reasonable skill, care and diligence, but:- (a) No liability shall attach to the Quantity Surveyor in respect of the Service except such

liability as ought to be covered by the professional indemnity insurance. (b) Such liability shall be limited to sum insured as agreed with the Client.

No liability shall attach to Quantity Surveyor either in contract or in tort for loss, injury or damage sustained as a result of the act or omission or insolvency of any person other than the Quantity Surveyor and the Quantity Surveyor shall not be liable to indemnify the Client in respect of any claim made against the Client for any such loss injury or damage. The Client may at any time request the production of a proof of professional indemnity insurance cover by the Quantity Surveyor and may terminate the appointment if such proof is not provided within seven days.

5.02.03 Disclosure and Publication of Information

The Quantity Surveyor shall treat the details and specification of the works arising from this Agreement as confidential and shall not publish or disclose the same or any particulars thereof in any trade area, technical paper or elsewhere without the prior written consent of the Client. Which consent shall not be vexatiously withheld.

5.02.04 Records

Records of disbursements and expenses pertaining to services, records of additional services and records of services on a time charge basis shall be kept by the Quantity Surveyor on a generally recognized accounting basis, and shall be available for inspection by the Client or his authorised representative at mutually convenient times.

5.03.00 DUTIES AND OBLIGATIONS OF THE CLIENT

The client if one natural person may and if other than one natural person shall nominate in writing one natural person with authority to give instructions to the Quantity Surveyor.


5.03.01 Client's Representatives

The Client may appoint one of the Consultants to be a Principal or Lead Consultant whose duties will be to lead the project and coordinate the activities of other Consultants on behalf of the Client. The Client shall promptly upon the request of the Quantity Surveyor convey any decision or information that the Quantity Surveyor considers necessary for the proper performance of his service. If the Client appoints a Representative and the Representative has ceased for any reason to act as such, the Client shall promptly inform the Quantity Surveyor in writing of a new Representative. All instructions of the Client to the Quantity Surveyor with regard to the services (including instructions to vary, and or suspend services) shall be given in writing or if given orally shall be confirmed by the Quantity Surveyor within seven days.

5.03.02 Appointment

The Quantity Surveyor shall be directly appointed by the Client but where a Lead Consultant is engaged by the Client, the Quantity Surveyor will be engaged by the Lead Consultant only as an agent of the Client.

5.03.03 Settlement of Fees

Within thirty days of the Quantity Surveyor sending an invoice to the Client, the Client shall pay all fees due to the Quantity Surveyor and shall reimburse any expenses and other disbursements due to the Quantity Surveyor. The Client shall not be entitled to make any deduction or set-off in respect of any other claim. If the Client disputes in good faith that any item set out in the Quantity Surveyor's invoice is due, the Client shall never the less pay all items not in dispute. The Client shall pay interest at overdraft rate last fixed by a reputable bank on invoices due and payable but remaining unpaid 30 days after the date of invoice, both before and after dispute resolution.

5.03.04 Advance Payment

The Quantity Surveyor shall be entitled to an advance payment subject to a maximum of 15% of total fees chargeable.


5.04.01 The Quantity Surveyor is advised to uphold and apply the Scale of Professional Charges published by the Board. The remuneration of the Quantity Surveyor may therefore be in accordance with the Scale and conditions specified herein unless otherwise agreed between the Quantity Surveyor and the Client and the same be part of the commissioning agreement.

5.04.02 Where the services of more than one profession are provided by a single firm or consortium, fees shall be the same as if such services were provided independently. Any consolidated fees shall therefore be the sum of the appropriate fees for the individual professional services rendered.


Where the fee payable is a percentage of the cost of the woks the fees shall be calculated by applying the percentage stated to a figure equivalent to the cost of works-tendered, the cost of works-executed or the cost of works-estimated as applicable.


"Cost of works-tendered" shall be the amount of the accepted tender (including amounts in respect of an work tendered but subsequently omitted), or if no tender is accepted, the amount of the lowest valid tender received. "Cost of works-executed" shall be the amount finally payable to the builder and/or other contractors, including any adjustments to cover changes in respect of cost of labour, materials and other items, and before deduction of any damages, penalties or other monies which may be due to the Client from the builder or other contractors. Where the Client is the builder a statement of the ascertained cost of the works plus an allowance for overheads and profit may be used in calculating the "cost of works-executed" In the absence of such a statement, the Quantity Surveyor's own estimate shall be used.

"Cost of works-estimated" shall be the Quantity Surveyor's reasonable estimate of the cost of executing the work under normal commercial conditions at the time that the fee becomes due. In all cases, the "cost of works-estimated" shall be used for assessing progress payment and assessing final payment when "cost of works-tendered" and "cost of works-executed" are not available or are not applicable. In all cases, the cost of works shall include:- (a) Adjustments consequent upon variations, fluctuations, sums budgeted as provisional or prime

cost sums, contingencies, and the proper cost of materials and labour or services provided by the Client free of charge.

(b) The cost of old materials calculated as if they were new.

(c) The cost of any material, labour, cartage or part of the works provided by the builder or other contractor.

(d) The market value as though duty had been paid of any materials imported duty or tax free for the woks by special arrangement.

(e) Where work is omitted on the instruction of the Client, the Quantity Surveyor shall be entitled to fees for his services in respect of such work prior to its omission. Such fees shall be based on the value of the work omitted.

(f) Where fees for documentation are charged on cost of "works-tendered" basis and variations to the works by way of additions are made after the fee for design and documentation has been assessed, then fees for documentation shall also be payable in respect of such variations

5.04.04 Combined Fees

The Quantity Surveyor may agree with the Client upon a percentage or lump sum fee sufficient to cover his own fee and cost of all consultants' fees payable by him.

5.04.05 Lump Sum Fees

The Quantity Surveyor may agree with the Client to charge a lump sum fee for his professional service. The fee to be charged may be assessed having regard to a percentage calculation, or a


time and man hour charge calculation. The position relating to variations, cost escalation, protracted services and the like will also need to be taken into account and agreed. It may be agreed with the Client that should the final cost of the works be less than the predicted end cost an additional fee will be paid. Such additional fee may be computed as a percentage of the cost saving or on some other basis as may be agreed.

5.04.06 Progress Payment

Where the Quantity Surveyor's appointment is not for full professional services the Quantity Surveyor shall be entitled to payment at monthly intervals in amounts commensurate with the service provided, unless there are special conditions forming part of the agreement in which case payment shall be in accordance with those special conditions. The progress payment for full professional services shall be in accordance with clause 5.06.09.

5.04.07 Overtime

If overtime work by the Quantity Surveyor is required to meet special circumstances and is authorised by the Client in advance, then any extra expense thus caused to the Quantity Surveyor may be charged.


If the Quantity Surveyor's work is increased due to changes in the Clients‟ instructions or requirements or if the Quantity Surveyor's work is increased or his services are protracted due to causes beyond his control, then (unless the Quantity Surveyor's. fee is already on a time charge basis) an additional fee shall be chargeable on a time basis, unless some other basis is agreed. Should any such additional fee become or appear likely to become chargeable, the Quantity Surveyor shall promptly notify the Client.


Where for any services provided by the Quantity Surveyor the fee is not stated in this schedule, such fee shall be on a time basis unless otherwise agreed.


If due to the Client's instruction or lack of instruction a break in the continuity of the Quantity Surveyor's service occurs, and instructions allowing the Quantity Surveyor to continue work are not received within 60 days of being requested by the Quantity Surveyor then fees for the services completed at the time of cessation shall be determined in accordance with the provisions of this schedule.

5.04.11 Review

Where the Quantity Surveyor is required to take over work provided by or on behalf of the Client as a basis for the work for which he is primarily engaged, then before commencing such work he shall review the work so provided. If following this review it is necessary for the Quantity Surveyor to make good deficiencies in such work then an additional fee is chargeable on a time charge basis unless some other basis is agreed upon. Should any such additional fee become or appear likely to become chargeable, the Quantity Surveyor shall promptly notify the Client.



If by instruction of the Client subsequent to entering into agreement the Quantity Surveyor is required to document and/or administer a project governed by special contract conditions or a contract other than one commonly used in the building industry, and if, as result of this, additional work is performed by the Quantity Surveyor, an additional fee is chargeable in accordance with the work involved. Should any such additional fee become or appear likely to become changeable, the Quantity Surveyor shall promptly notify the Client.


The Client shall be entitled to one set of the approved documents free of charge.

The Client and the Quantity Surveyor may agree on a lump sum payment or alternatively a sum calculated as a percentage of the fees to cover all out pocket expenses for the project. The Client shall reimburse the Quantity Surveyor for all additional out of pocket expenses properly incurred in connection with the commission such as those described hereafter:

(i) Drawings and Documents

Purchase, printing and production of all documents, drawings, Bills of Quantities, maps, photographs or other records required in connection with the design or construction of the project will be reimbursed. Such drawings and documents shall include all those for enquiries to contractors, sub-contractors and suppliers. Where these are produced in-house the reimbursement will be at market rates.

(ii) Hotel and Travelling Expenses

Road, rail and air travelling expenses incurred in connection with the project shall be reimbursed including mileage allowance for cars as published by Automobile Association of Kenya rates excluding expenses for travelling from normal place of residence to site or office and for journeys to and from site or destinations situated less than 50 kilometer's from the Quantity Surveyor's Office.

Where it becomes necessary for Quantity Surveyor to hire a plane or vehicle he must make prior arrangements and approval by the client must be obtained. Reasonable hotel and subsistence expenses consistent with seniority of the Quantity Surveyor's staff will be reimbursed.

(iii) Communication Expenses

The cost of trunk telephone calls, telegrams, faxes, Email, Courier Services, Airfreight. Airmails and overseas postage and other similar communication will be reimbursed.

The Client shall not be liable for inland surface postage or for local telephone charges.

(iv) Disbursements

Expenses incurred in respect of advertising for tenders and notices, site staff, and the time and expenses for interviews shall be reimbursed. Expenses incurred on local authority, inspection or other similar charges shall be reimbursed.


Any other payments made on behalf and with approval of the Client shall also be reimbursed.

(v) Special Charges

Fees or any other charges which arise from specialist's professional advice which have been incurred by the Quantity Surveyor with the Authority of the Client shall be reimbursed.

(vi) Travelling Time

Time spent by the Quantity Surveyor and technical staff in travelling (other than from the normal place of residence to the Quantity Surveyor's Office) shall be chargeable on hourly basis.

5.01.0 GENERAL

5.05.01 Copyright

All documents prepared by the Quantity Surveyor in connection with the project are the property and copyright of the Quantity Surveyor and the Client shall not be entitled either directly or indirectly, to make use of such documents for carrying out any works beyond the works which the Agreement relates unless a specific contract is entered into for the sale of such a copyright. Copyright in all documents provided by the Quantity Surveyor remains the property of the Quantity Surveyor except as provided for in the copyright Act Cap 130 Sec 6. All documents prepared and supplied by the Client in connection with the works are the property and copyright of the Client and the Quantity Surveyor shall not be entitled either directly or indirectly to make use of such documents for the carrying out of any work beyond the works to which the Agreement relates without the prior approval of the Client.

5.05.02 Postponement or Abandonment of the Works

Where the project is cancelled or postponed for a period exceeding twelve months or the Quantity Surveyor is instructed to stop work indefinitely at any time the project shall be deemed to be abandoned. If instruction necessary for the Quantity Surveyor to continue with the work are not received from the Client, the project may be deemed to have been abandoned after six months have elapsed from the time such instructions were requested. In the event of the whole or any part of the works being postponed or abandoned, then the payment to be made to the Quantity Surveyor for duties performed in respect of that part of the works already performed shall be calculated in accordance with the appropriate professional charges, and in accordance with such other Clauses as may be applicable having regard to duties performed prior to the works being postponed or abandoned.


If, within twelve months, the postponed works or any part thereof shall again proceed without alterations, then any relevant payments made under Clause 5.04.03 shall rank as payments on account towards the total fee actually payable and calculated on the cost of the works. Except where there is written agreement to the contrary where works which have been abandoned are resumed after 12 months any fees paid under Clause 5.04.03 shall be regarded as final payment for the duties originally rendered. The appointment of the Quantity Surveyor for the


resumed work shall be deemed a new appointment for that part of the work which remains to be completed.

Should additional duties by the Quantity Surveyor be required in connection with the resumption of postponed or abandoned works, the Quantity Surveyor shall be entitled to charge for additional duties.

5.05.04 Damage or Destruction of the works

If at any time before the completion of the project any part of the works shall be damaged or destroyed by war risks, natural causes or by any other cause not due to negligence by the Quantity Surveyor, the Client shall pay to the Quantity Surveyor the appropriate remuneration for any additional work and expenses incurred by the Quantity Surveyor.

5.05.05 Alterations or Modification to Design

If, after the Client approval of any stage of the Quantity Surveyors‟ duties, any work whether completed or in progress or other document prepared in whole or part by the Quantity Surveyor shall require to be modified or revised by reason of instruction received by the Quantity Surveyor from the Client or by reason of circumstances which could not reasonably have been foreseen. Provided there is no change of use such modifications or revisions and any consequential reproduction of documents shall be the subject of additional payment computed on a time basis or such other basis as may be agreed together with any appropriate reimbursements of any out-of-pocket-expenses.


Any question arising out of these Conditions of Engagement and/or the schedule of Duties and Professional charges may be referred by the Quantity Surveyor or Client to the Board of Registration of Architects and Quantity Surveyors for advice at any time, provided always that any difference or dispute between them shall be determined in accordance with Clause 5.05.06 or 5.05.07.


Any difference or dispute shall by agreement between parties be referred to the Board of Registration of Architects and Quantity Surveyors for an opinion provided always that such an opinion is sought on a joint statement of disputed facts and the parties undertake to accept the Board's opinion as final.

5.05.08 Arbitration

Whereas any difference or dispute arising out of the Conditions of Engagement and/or the schedule of Duties and Professional Charges cannot be determine in accordance with clause 5.05.06, it shall be referred to arbitration. The arbitration shall take place in Kenya and shall be conducted in accordance with the provisions of current Arbitration Act of the Laws of Kenya. The Arbitration shall be by a person to be agreed by the parties, on failing agreement within fourteen days after either party has given the other a written request to concur in the appointment of an arbitrator to a person to be nominated at the request of either party by the, Chairman AAK or Chairman, Chartered Institute of Arbitrators Kenya Branch.


The costs of the reference and award shall be at the discretion of the who may direct to whom and by whom and in what manner those costs or part thereof are to be paid.

5.05.09 Assignment

Neither the Client nor the Quantity Surveyor shall assign their agreement without the written consent of the other. Consent to assignment shall not be unreasonably withheld

5.05.10 Termination

The Quantity Surveyor/client agreement may be terminated by either party on the expiration of 21 days notice given in writing. Upon termination the Quantity Surveyor shall be entitled to payment for services already rendered in accordance with the agreement. Equally the client shall be entitled to receive services for which payment will have been effected..


5.06.00: SCHEDULE OF DUTIES AND PROFESSIONAL CHARGES FOR

QUANTITY SURVEYORS

5.06.01 INCEPTION STAGE

(i) Hold meetings with the Client and/or other Consultants including visiting the site.

Hourly charge

(ii) Advice on an approximation of the cost of meeting the Client's requirements.

Time charge

(iii) Preparation of feasibility studies for alternate design proposals

Time charge

(iv) Preparation of developer's budget, cash flow projections and cost analysis.

Time charge

5.06.02 PRELIMINARY SKETCH DESIGN

(i) Hold meetings with Client and other Consultants on programme for the works.

Hourly charge

(ii) Prepare an approximate estimate of cost based on linear, superficial cubic or similar basis from the outlined sketch proposals.

0.50% of estimated cost

(iii) Advice on the financial implication of different outline sketch proposals, including preparation of a cost plan for final proposal


5.06.03 FINAL DESIGN

(i) Hold meetings with the Client and other Consultants on the programme for the works

Hourly charge

(ii) Provide cost advice and Cost Control during final design and amend approximate estimate and Cost Plan as necessary including cross checking with agreed budget and advising the Client accordingly.

0.50of estimated cost

(iii) Prepare tender documents including Bills of Quantities where required and ensure that the documents tally with the other Consultants' drawings and specification and Clients‟ requirements.


(iv) Checking, incorporation and reporting on Prime Cost and Provisional Sums.

0.50% of sum

(v) Where Bills of Quantities are prepared for several distinct works, including housing, being a repetition of one design the fee of 3.50 per cent shall be charged on one complete work so repeated and a fee of half per cent shall be charged on each repetition of the design constructed, provided that all work or proportions of works re-measured shall be charged at the full rate of 3.50 per cent

5.06.04 TENDER ACTION

(i) Advice on the form of Contract and procurement Hourly Charge

(ii) Obtain, evaluate tenders and recommend on appointment of the Contractor

0.40% of recommended tender

(iii) Draft letter of Award, draw up Contract documents for signature by the parties and ensure safe custody of the

0.75% of contract sum


original contract documents including registration of documents .

5.06.05 CONSTRUCTION STAGE

(i) Make periodic visits to site to survey works in progress, take particulars and prepare valuations for interim payments with in collaboration with other Consultants. (maximum of 2 visits per month) Fees for extra site visits will be charged on time basis.

0.50% of each valuation

(ii) Monitor and advice on costs including, preparation of financial implications of proposed variations and details of savings or additional funds

1% of each valuation

(iii) Advice on Contractual matters Hourly charge or 0.5% of amount in dispute.

(iv) Omission extracted directly from Bills of Quantities. (No charge shall be made for adjustment of provisional quantities where the design has not been charged.)

2% of variation.

5.06.06 DEFECTS LIABILITY PERIOD

(i) Periodic valuation for the Final Certificate in collaboration with other consultants and advice on any outstanding disputes with the contractor except being involved in Arbitration and litigation processes.

0.5% of final certificate.

(ii)

5.06.07 OTHER SERVICES

(i) Prepare estimates based on approximate quantities using drawings and specifications

2% of estimated cost

(ii) Taking particulars on site and preparing Bills of Quantities for Works of alteration or repair


(iii) Measuring from completed works and preparing Bills of Quantities


(iv) Preparation of schedules of materials from existing Bills of Quantities


(v) Pricing of Bills of Quantities 0.5% of estimated cost

(vi) Measuring from drawings and specifications and preparing Bills of Quantities for materials or labour


(vii) Taking out and preparing bills of quantities or measuring for making accounts for decoration furniture, furnishings and artworks‟ contracts


(viii) Measuring under schedule and making up accounts including pricing and agreeing totals.

3.50% of gross amount.

N.B. The above percentage applies only to the complete measurement and valuation of the buildings or building operations when undertaken as a whole and included in one account.

(ix) When the measurement proceeds by stages involving the preparation of periodic bills, then the charge shall be 4 per cent.

(x) (i) Where the Quantity Surveyor is involved in litigation or arbitration.

2.5 times normal charge

(xi) Charges to be made for checking prime cost in "cost plus profit" contracts and making up final accounts of

3.50% except on work requiring measurement


work executed.

(xii) Making inspection, preparing reports such as replacement cost or giving advice on usable condition of premises.

Hourly charge.

(xiii) Preparing, pricing and agreeing schedules of prices Hourly charge.

(xiv) Preparation of schedules of materials to be imported duty free and checking invoices, or proforma invoices, assessing the amount of tax relief due to exemption.

Hourly charge.

(xv) Administration Services Hourly charge.

(xvi) Project management or construction management 2% of contract sum

(xvii) Special studies, Attendance to meetings, litigation or Arbitration as defined in Clauses 5.01.11 to 5.01.13

Two and a half times of hourly charge.

(xviii) Property estimates Hourly charge

NB

The charges indicated against each service are for remuneration where only that service is to be rendered. Where more than one service is to be provided the charges will be negotiable but subject to a minimum of half the aggregate fees that would have been charged for such services.

5.06.08 FULL SERVICES

The fees for full professional services(Clauses 5.01.01 to 5.01.06 shall be negotiable subject to a minimum fee as follows:-

Cost of Works(Ksh.)

Below 7,500,000.00 3.855%

7,500,001.00 to 15,000,000.00 3.69%

15,000,001.00 to 30,000,000.00 3.51%

30,000,001.00 to 60,000,000.00 3.35%

60,000,001.00 to…..120,000,000.00 3.195%

120,000,001.00 to…..240,000,000.00 3.09%

240,000,001.00 to 480,000,000.00 2.84%

480,000,001.00 to 960,000,000.00 2.60%

960,000,001.00 to 1,920,000,000.00 2.57%

1,920,000,001.00 to 3,840,000,000.00 2.45%

Over 3,840.000,001.00 2.42%

5.06.09 PROGRESS PAYMENTS FOR FULL SERVICES

Where the Quantity Surveyor's fee for full services is a percentage of the cost of the works (or lumpsum fee) then, for the purposes of progress payments the fees shall become due as follows:

1. Inception stage (Clause 5.01.01) 10%

2. Preliminary Scheme Design (Clause 5.01.02) 15%

3. Final Design(Clause 5.01.03) & Tender documentation.

35%

4. Tender Invitation and evaluation (Clause 5.01.04) 5%

5. Construction Stage (Clause 5.01.05) 30%


6. Defects period(Clause 5.01.06) 5%

5.06.10 TIME CHARGES

Where fees is to be paid on time basis or in place of percentage fee the charges will be at the hourly rate of Ksh.5.00 per Ksh.1000 of the actual income or income of a comparable professional in the construction industry.

Cap 525 Sixth Schedule

CAP 525

SIXTH SCHEDULE

CONDITIONS AND ENGAGEMENT AND SCALE OF PROFESSIONAL CHARGES

FOR LANDSCAPE ARCHITECTS

PREAMBLE

Landscape Architects in Kenya are governed by the Architects and Quantity Surveyors (Cap. 525) and by the by-laws made thereunder.

6.01.00 DUTIES OF THE LANDSCAPE ARCHITECT

The Landscape Architect shall exercise all reasonable skill, care and diligence in the discharge of his duties and safeguard the interests of the Client. In so far as any of the Landscape Architects‟ duties are discretionary he shall act fairly as between the Client and the Contractor. The Landscape Architect shall not initiate or proceed with any stage of his duties, or make material deviation from what has been agreed without the knowledge and consent of the Client. For the purpose of this clause the duties that may be performed by the Landscape Architect are:

6.01.01 PRE-DESIGN STAGE

a) Advising on Site Selection

Inspections, evaluations, comparative studies, detailed study, negotiations and reports to the Client. The detailed study may include topographic and sub-surface conditions, utilities, zoning and land use requirements, parking and traffic flow regulations, title restrictions, existing or proposed easements, public relations evaluation.

b) Site Use Studies

Analysis of site to allow optimum use, including review of existing conditions, services, if any, planning requirements to establish facility locations, site improvements, landscape.

c) Studies of Services

Studies of requirements on-site and off-site, which may include electrical service and distribution, sewer and stormwater collection, drainage, water supply and distribution, fire control and alarm, emergency lighting, security protection, air-conditioning, pollution control, site illumination, telephone.

d) Zoning and Site Analysis and Authorities Consultations

Determination of conformity with planning zones, preparation of material for and consultation with authorities, applications for approvals, re-zoning, attending appeals.

e) Finance, Feasibility Studies and Reports

Technical appraisal, user study, planning and design study, procedures.

f) Soil Investigations

Organisation for investigations of surface and sub-soil conditions to determine the nature of the material, characteristics, bearing capacity, water table, ease of excavation.

g) Project Programming and Analysis

Assessment of area requirements and functional relationships for the design brief, including consideration of client‟s resources, technical requirements, physical requirements, site limitations, future facilities and requirements and setting the initial programme.


h) Preparation of Brief

Preparation of brief and/or assistance in preparation of client‟s detailed brief.

j) Land Procurement Advice

Advising on appropriate means of procuring land and on types of landscape contracts available.

k) Submissions for Grants, Subsidy, Fundraising

Preparation of drawings, reports, estimates and consultations.

l) Administrative Services

Research, correspondence, discussion, management in providing pre-design services.

6.01.02 DESIGN AND TENDER DOCUMENTATION

a) Scheme Design

Preparation of schematic design, illustration by preliminary sketch drawings, and/or reports, and provision of indicative estimates of cost.

b) Design Development

Preparation of design development, including as appropriate developed sketch drawings, reports, advice on preliminary designs of architectural, engineering and other specialist services and provision of time program and estimates of cost. Submission of drawing as under 6.01.04(0)

c) Detailed Design

Preparation of detailed drawings to clearly illustrate construction details including the preparation of schedules for materials, finishes and planting.

d) Tender Action

Calling and Reporting on Tenders Initiating tender action and calling for tenders in conjunction with or on behalf of the client and answering tenderer‟s queries. Negotiations, preparation of documents and arrangement for execution of contract. Note: Addition services (where there is no Quantity Surveyor) may include preparation of documents for and calling of alternative tenders and/or administration of special tendering procedures as in 6.01.04(k)

e) Administrative Services

Research, correspondence, reviews, records, management in providing design services.

6.01.03 POST CONTRACT SERVICES

a) Administering the Contract

Administration of the contract and inspection of the works including, design, site meetings (to a maximum of two meetings per month) as appropriate, supplying information checking claims and issuing certificates, negotiating variations and cost adjustments and dealing.

b) Detailed Supervision

Providing regular, persistent and continuous supervision on site during construction or ex-site during fabrication or assembly. Where more frequent or constant inspection is required a Clerk of Works shall be employed. He shall be nominated or approved by the Landscape Architect, and be under the Landscape Architect‟s direction and control. He shall be appointed and paid by the Client or


alternatively may be employed by the Landscape Architect who shall be reimbursed in accordance with Clause 6.03.11 of this Schedule. Where the employment of a resident Landscape Architect is agreed he shall be employed by the Landscape Architect who shall be reimbursed in accordance with Clause 6.03.11 of this Schedule.

c) Record Drawings, Maintenance and/or Guideline Manuals

Providing drawings showing significant changes made in the work during construction, either re-drawn or marked-up drawings and/or other data appropriate. Providing maintenance manuals for buildings, services and plant.

d) Commissioning Assistance

Providing assistance in the utilisation of systems and equipments, initial start-up and testing, adjustment and balancing, training or personnel and consultations.

e) Services During Defects Liability Period

Making periodic maintenance inspections, warranty reviews, estimations for insurance, operational reviews, approving and coordinating special tenant requirements.

f) Administrative Service

Research, correspondence, reviews, records, management in providing post design services.

6.01.04 SPECIAL SERVICES

a) Special Drawings Providing drawings for phased developments, studies, photographs, videos, models, services, co-ordination, approvals, lessor and lessee, other special purposes.

b) Development Planning

Preparation of long term master plan for development, phasing of development within the plan.

c) Segregated Contracts

Providing documents for section of the work which taken together comprise the complete works.

d) Co-ordination of Special Plant

Providing documents, arranging meetings, making site inspections, advising, testing, handing over of completed installation.

e) Architectural Design

Designing and/or arranging for architectural work, preparing documents, calling tenders, arranging for execution of the work.

f) Furniture, Furnishings and Art Works

Designing or selecting furniture, fittings, fixings and furnishings, preparing documents for calling of tenders for manufacture and supply, arranging for execution of the work.

g) Estimates of Replacement Costs

Providing estimates for replacement of landscape works.

h) Construction and Operation Research

Providing design, construction and operation research, arranging production of prototypes.


i) Project Management

Providing specialised management for the project, from inception to completion, including preparation of briefs, appointing and controlling consultants, construction managers, agents, contractors, reporting on progress and finances, handing over on completion.

j) Existing Building Survey and Reports

Inspection, preparation of measured drawings, verification of available drawings, taking photographs, checking building ordinances and authority requirements, preparing reports. Reports may include examination of building components and services, advising on use, re-use improvements, alternations, development preparation of schedule of dilapidation and costs.

k) Construction Management

Providing specialised advice during the design and documentation stages and management through the construction stage, including calling of tenders and quotations, letting contracts, coordinating contractors and suppliers, certifying payments, controlling retentions, quality control, programming, reporting on progress and finances and handing over on completion.

l) Reinstatement After Damage

Providing services in connection with reinstatement after damage, i.e. water, storm, fire, explosion and other causes.

m) Examination of Drawings and Documents

Examination of drawings and other documents in connection with special advice as required.

n) Special Studies

Studies may include environmental and environmental impact, matters arising from town planning, matters arising from statutory planning, effect of building regulations and other statutory authorities controlling buildings.

o) Submissions

Submissions may include preparation of reports, drawings, applications for obtaining licenses, applications to Tribunals and Boards of Appeal.

p) Attendance

Attending Tribunals, Courts, Arbitration Hearings, Boards, Association and the like.

q) Litigation and Arbitration

Preparing material, opinions, acting as expert witness in connection with litigation and arbitration proceedings.

r) Property and Plant Estimates

Providing landscape estimates for insurance, sale, studies and reports. Providing estimates for projected work, studies and reports.

s) Review

Review of completion of abandoned projects.

t) Administrative Services

Includes travel, research, correspondence, reviews, records, management in providing special services.


6.02.00 CLIENTS DUTIES AND RESPONSIBILITIES

Preamble The Client if one natural person may, and if other than one natural person shall, nominate in writing one natural person with authority to give instructions to the Landscape Architect with respect to the project.

6.02.01 Clients’ Representative

The Client may appoint one of the Consultants to be a Principal of Lead Consultant whose duties will be to lead the project and co-ordinate the activities of other Consultants on behalf of the Client. The Client shall promptly upon the request of the Landscape Architect convey any decision or information that the Landscape Architect considers necessary for the proper performance of his services. If the Client appoints a Representative and the Representative has ceased for any reason to act as such, the Client shall promptly inform the Landscape Architect in writing of a new Representative. All instructions of the Client to the Landscape Architect will regard to the service (including instructions to vary, and or suspend services) shall be given in writing or if given orally shall be confirmed by the Landscape Architect within seven days.

6.02.02 Clients’ Instructions

The Client shall give to the Landscape Architect instructions adequate to define the Client‟s requirements, including program and budget.

6.02.03 Authority

The Client authorises the Landscape Architect to act as the Client‟s agent in such matters as are set out or implied in their agreement and as are set out or implied in the particular landscape works contract or other contracts adopted for the project. Where the Landscape Architect‟s services include the administration of a landscape contract or other contract all instructions to the Contractor shall be given by the Landscape Architect unless the landscape works or other contract specifically provides otherwise.

6.02.04 Site Particulars and Specialised Counselling

Unless provided otherwise elsewhere in this schedule the Client is responsible for the provision of all legal, survey and other particulars concerning the site, including particulars of existing structures, services and features, sub-surface conditions and adjoining sites and structures and for the provision of specialised counselling not normally provided by Landscape Architect. Should the Landscape Architect undertake to obtain such particulars or counselling on the instruction of the Client, he shall do so as agent of the Client and at the Client‟s expense. The Client is responsible for the accuracy and completeness of all such particulars or counselling provided by him or obtained on his behalf.

6.02.05 Submissions to Client

The Client shall consider the Landscape Architects‟ submissions and give decision and provide required information within a mutually agreed time frame so as not to delay the Landscape Architect‟s work.

6.02.06 Consultants

Where consultants are appointed, the Landscape Architect shall direct them and integrate their services. Consultants employed by the Client whether appointed and paid directly by the Client or by the Landscape Architect as agent for the Client shall be responsible to the Client, and the


Landscape Architect‟s responsibility to the Client in respect of such consultants shall be limited to co-ordinating them and integrating their services. Selection of consultants by the Landscape Architect shall be in consultation with the Client, and they shall be responsible to the Client for their services. Where consultants are employed by the Client as provided for elsewhere in this schedule the Client shall ensure that the terms of appointment include a condition giving the Landscape Architect authority to co-ordinate them and integrate their services.

6.02.07 Variation to Design

The Landscape Architect shall not make any material alteration to, addition to or omission from the approved design without the consent of the Client, except in case of urgency during construction, in which case he shall subsequently notify the Client promptly.

6.02.08 Variations to Cost or Time

The Landscape Architect shall inform the Client within a reasonable time if the Landscape Architect has reason to believe that the authorised expenditure or the approved time program (if any) for the project is likely to be varied significantly.

6.02.09 Stages of Services

The Landscape Architect shall not initiate or proceed with any stage of services i.e. predesign, schematic design, design development, detailed design or post contract services without the authority of the Client.

6.02.10 Specialist Contractors and Supplies

Where the Client directs that specialist Contractors and/or suppliers design part of the project the Landscape Architect shall be responsible only for the integration of such design into the design of the project as a whole.

6.02.11 Inspection

Where the services to be provided by the Landscape Architect include contract administration the Landscape Architect shall make such inspections as may reasonably be necessary in order to be satisfied that the landscape or other works executed are in general accordance with the contracts which the Landscape Architects is administering (see 6.01.03b).


6.03.01 The Landscape Architect is advised to uphold and apply the Scale of Professional Charges published by the Board. The remuneration of the Landscape Architect may therefore be in accordance with the Scale and Conditions specified herein unless otherwise agreed between the Landscape Architect and the Client and the same be part of commissioning agreement. 6.03.02 Where the services of more than one profession by a single firm or consortium, fees shall be the same as if such services were provided independently. Any consolidated fees shall therefore be the sum of the appropriate fees for the individual professional services rendered.


Where the fee payable to the Landscape Architect is a percentage of the cost of the works the fee shall be calculated by applying the percentage stated in the Appendix to a figure equivalent to the cost of works-tendered, the cost of works-executed or the cost of works-estimated as applicable.


“Cost of works-tendered” shall be the amount of the accepted tender (including amounts in respect of any work tendered but subsequently omitted), or if no tender is accepted, the amount of the lowest valid tender received. “Cost of works-executed” shall be the amount finally payable to the builder and/or other contractors, including any adjustments to cover changes in respect of cost of labour, materials and other items, and before deduction of any damages, penalties or other monies which may be due to the Client from the builder or the Contractors. Where the Client is the builder a statement of the ascertained cost of the works plus an allowance for overheads and profit may be used in calculating the cost of works-executed. In the absence of such a statement, the Architect‟s own or a Quantity Surveyor‟s estimate shall be used. “Cost of works-estimated” shall be the Landscape Architect‟s reasonable estimate of the cost of executing the work under normal commercial conditions at the time that the Architect‟s fee becomes due. In all cases, the cost of works-estimated shall be used for assessing progress payments and assessing final payment when cost of works-tendered and cost of works-executed are not available or are not applicable. In all cases, the cost of works shall: a) Include the cost of all work designed by the Landscape Architect and consultants

under his direction. b) Exclude, where the project is to house plant or equipment, the cost of any such

items, the design, selection, layout or installation of which is not the responsibility of the Landscape Architect or a consultant under his direction.

c) Include the cost of service installations, fixed or built-in-furniture and equipment,

mechanical and electrical equipment appertaining to the building whether covered by a monetary sum, a provisional sum, a prime cost sum, or not, which the Landscape Architect has had to co-ordinate or make provision for in documentation.

d) Include the cost of old materials calculated as if they were new. e) Include the cost of any material, labour, cartage or part of the works provided by the

Client calculated as if it were provided by the builder or other Contractor. f) Be the market value as though duty had been paid of any materials imported duty

or tax free or works by any special arrangements. Where work is omitted on the instruction of the Client, the Landscape Architect shall be entitled to fees for his services in respect of such work prior to its omission. Such fees shall be based on the value of the work omitted. Where fees for design and documentation are charged on cost of “works-tendered” basis and variations to be works by way of additions are made after the fee for design and documentation has been assessed, then fees for design and documentation shall also be payable in respect of such variations.

6.03.04 Lump Sum Fee

The Landscape Architect may agree with the Client to charge a lump sum fee for his professional services. The fee to be charged may be assessed having regard to a


percentage calculation, or a time and manhour charge calculation. The position relating to variations, cost escalation, protracted services and the like will also need to be taken into account and agreed.

6.03.05 Works to Existing Landscape

Recommended fees for professional fees for works to existing landscape may be as above to a factor of 1.66.

6.03.06 Combined Fee

The Landscape Architect may agree with the Client upon a percentage or lump sum fee sufficient to cover the Landscape Architects‟ own fee and the cost of all consultants‟ fees payable by him.

6.03.07 Progress Payments - Fees by Stages

The Landscape Architect is entitled to payment at intervals in amounts commensurate with the service provided. Where the Landscape Architects‟ fee is a percentage of the cost of the works (or is a lump sum fee) then for the purpose of progress payments the fee should be apportioned by stages. In a typical case this might be as follows:-

1 Inception stage Time basis

2 .Schematic design stage 15%

3. Design development stage 25%

4. Detailed design 30%

5. Contract administration stage 30%

6. Making good & Final Account 5%

6.03.08Time Charges

Where fees is to be paid on time basis or in place of percentage fees the charges will be at the rate of Kshs. 5/= per every K.Shs. 1000/= of the gross annual income or income of a comparable professional in the construction industry .

6.03.09Landscape Architects Liability

The Landscape Architect shall perform the services with reasonable skill, care and diligence, but:- a) no liability shall attach to the Landscape Architect in respect of the services except

such liability as ought to be covered by the professional indemnity insurance. b) such liability shall be limited to the sum insured as agreed with the Client.


The Client shall be entitled to one set of approved document free of charge. The Client shall reimburse the Landscape Architect for expenses reasonably and properly incurred in connection with services provided under this agreement. Such expenses shall include but shall not be limited to the following:


.01 Reproduction of Drawings

The provision of any drawings or documents other than those used by the Landscape Architect in his own office and set of the final drawings to the Client.

.02 Hotel and Travelling Expenses

Road, rail and air travelling expenses incurred in connection with the project shall be reimbursed including mileage allowance for cars as published by Automobile Association of Kenya rates excluding expenses for travelling from normal place of residence to site or office and for journeys to and from site or destinations situated less than 50 kilometer‟s from the Landscape Architect‟s Office. Where it becomes necessary for Landscape Architect to hire a plane or vehicle he must make prior arrangements and approval by the Client must be obtained. Reasonable hotel and subsistence expenses consistent with seniority of the Architect‟s staff will be reimbursed.

.03 Travelling Time

Time spent by the Landscape Architect and technical staff in travelling (other than from the normal place of residence to the Landscape Architect‟s Office) shall be chargeable on hourly basis.

.04 Statutory Authorities

Fees paid by the Landscape Architect to statutory authorities having jurisdiction over the project with Clients approval.

.05 Advertisements

Advertisements and published notices authorised by the Client in connection with the project.

.06 Forms of Building Contract

The provision of forms of building contracts.

.07 Photograph

Photography records authorised by the Client.

.08 Special Services

Special services as requested by the Client, which may include perspective drawings, models, maintenance manuals, and work-as-executed drawings.

.09 Communication

Telephone calls (other than local calls) telex messages, telefax, e-mail, telegrams, cables, air freight and courier services.

.10 Rental of Equipment

Rental of specialised equipment where required and agreed by the client.

.11 Site Staff

Where site staff is employed by the Client and paid throught the Landscape Architect, the Landscape Architect shall be reimbursed for actual salary plus incidental expenses agreed with the Client.

.12 Advance Payments

The Landscape Architect shall be entitled to an advance payment subject to a maximum of 15% of the total fee chargeable.


.13 Overdue Payments

The Landscape Architect shall be entitled to interest at the same time rate as the overdraft rate last fixed by a reputable commercial bank of all fees due and not paid within 30 days of rendering of account.

.14 Overtime

If overtime work by the Landscape Architect is required to meet special circumstances and is authorised by the Client in advance, then any extra expenses thus caused to the Landscape Architect shall be charged.

6.03.11 Records

Records of disbursements and expenses pertaining to services, records of additional services and records of services on a time charge basis shall be kept by the Landscape Architect on a generally recognised accounting basis, and shall be available for inspection by the Client or his authorised representative at mutually convenient times.

6.04.00 GENERAL

6.04.01 Ownership of Documents, Copyright

The drawings, specifications and other documents provided by the Landscape Architect, are the property of the Landscape Architect whether the work for which they are made is executed or not. The Client may only use the drawings, specifications and other documents for the works for which they are prepared. They shall not be used for other work except by agreement with the Landscape Architect. Copyright in all drawings, specifications and other documents provided by the Landscape Architect remains the property of the Landscape Architect. (Except as provided for in Copyright Act; Cap 130, Section 6).

6.04.02 Abandoned Works

(a) Where the construction of works is cancelled or postponed for a period exceeding twelve months, or the Landscape Architect is instructed to stop work indefinitely at any time they shall be deemed to be abandoned and fees for partial service will be due.

(b) If, however, instructions necessary for the Landscape Architect to continue work are

not received from the Client, the works may be deemed to have been abandoned after six months have elapsed from the time such instructions were requested.

(c) Where works are abandoned or any part of them is omitted at any time before

completion, fees for partial service in respect of the whole or part of the works shall be charged for all work done with due authority, in accordance with Clause 6.03.07 of this Schedule.


If due to the Client‟s instruction or lack of instruction a break in the continuity of the Architect‟s service occurs, and instructions allowing the Architect to continue work are not received within 60 days of being requested by the Landscape Architect then fees for the services completed at the time of cessation shall be determined in accordance with the provisions of this schedule.


If, within twelve months, the postponed works or any part thereof shall again proceed without alterations, then any relevant payments made under Clause 6.03.07 shall rank as


payments on account towards the total fee actually payable and calculated on the cost of the works. Except where there is written agreement to the contrary where works which have been abandoned are resumed after 12 months any fees paid under Clause 6.03.07 shall be regarded as final payment for the duties originally rendered. The appointment of the Landscape Architect for the resumed work shall be deemed a new appointment for that part of the work which remains to be completed. Should additional duties by the Landscape Architect be required in connection with the resumption of postponed or abandoned works, the Landscape Architect shall be entitled to charge for additional duties.


If the Landscape Architect‟s work is increase due to changes in the Clients‟ instructions or requirements or if the Landscape Architect‟s work is increased or his service re protacted due to causes beyond his control, then (unless the Landscape Architect‟s fees is already on a time charge basis) an additional fee shall be chargeable on a time basis, unless some other basis is agreed. Should any such additional fees become or appear likely to become chargeable, the Landscape Architect shall promptly notify the Client.

6.04.06 Alterations or modifications to design

If after the Client‟s approval of any stage of the Landscape Architects duties, any work whether completed or in progress or other document prepared in whole or part by the Landscape Architect shall require to be modified or revised by reason of instructions received by the Landscape Architect from the Client or by reason of circumstances which could not reasonably have been foreseen, such modifications or revisions and any consequential reproduction of documents shall, provided there will be no change of use be the subject of additional payment computed on a time basis as may be agreed together with any appropriate reimbursement of any out of pocket expenses.

6.04.07 Damage or Destruction of the Works

If at any time before the completion of the project any part of the works shall be damaged or destroyed by war risks, natural causes or by any other cause not due to negligence by the Landscape Architect, the Client shall pay to the Landscape Architect the appropriate remuneration for any additional work and expenses incurred by the Landscape Architect.

6.04.08 Review

Where the Landscape Architect is required to take over work provided by or on behalf of the Client as a basis for the works for which he is primarily engaged, then before commencing such work he shall review the work so provided. If following this review it is necessary for the Landscape Architect to make good deficiencies in such work then an additional fee is chargeable on a time charge basis unless some other basis is agreed upon. Should any such additional fee become or appear likely to become chargeable, the Landscape Architect shall promptly notify the Client.


If by instruction of the Client subsequent to entering into agreement the Landscape Architect is required to document and/of administer a project governed by special contract conditions or a contract other than one commonly used in the building industry, and if, as a result of this, additional work is incurred by the Landscape Architect, an additional fee is chargeable in accordance with the work involved. Should any such additional fee become or appear likely to become chargeable, the Landscape Architect shall promptly notify the Client.



Where for any services provided by the Landscape Architect the fee is not stated in the agreement, such fee shall be on a time basis unless otherwise agreed.

6.04.11 Records

Records of disbursements and expenses pertaining to services, records of additional services and records of services on a time charge basis shall be kept by the Landscape Architect on a generally recognized accounting basis, and shall be available for inspection by the Client or his authorised representative at mutually convenient times.


Any question arising out of these conditions of Engagement and/or the Schedule of Duties and Professional Charges may be referred by the Landscape Architect or Client to the Board of Registration of Architects and Quantity Surveyors for advice at any time, provided always that any difference or dispute between them shall be determined in accordance with Clause 6.04.13 or 6.04.14.


Any difference or dispute between the parties shall be referred by agreement by parties be referred to the Board of Registration of Architects and Quantity Surveyors for an opinion provided always that such an opinion is sought on a joint statement of disputed facts and the parties undertake to accept the Board‟s opinion as final.

6.04.14 Arbitration

In case a settlement cannot be reached, the dispute shall be referred to an arbitration tribunal to be constituted in accordance with the following provisions. The arbitration shall take place in Kenya and shall be conducted in accordance with the provisions of Arbitration Act Cap 49 of the Laws of Kenya, OR Either party desiring to refer the dispute to arbitration shall appoint an arbitrator and shall notify the other party to this effect in writing. The other party shall within 30 days upon receipt of the notice in writing appoint a second arbitrator. Both arbitrators shall agree to the appointment of an independent person to act as an umpire within 30 days of the appointment of the second arbitrator. If the party receiving the notice as aforesaid appoints an arbitrator and if the arbitrator after appointment fails to act or dies or resigns, the party who appointed him may appoint another arbitrator in his place. If any of the parties fails to appoint an arbitrator or if the arbitrators fail to agree on appointment of an umpire or if such person having been appointed resigns his post or fails to act or dies, application may be made by either party to the Chairman, Chartered Institute of Arbitrators (Kenya Branch) to make another appointment. The cost of the reference and award shall be at the discretion of the arbitrator or an umpire who may direct to whom any by whom and in what manner those costs or part thereof are to be paid.

6.04.15 Termination

The Landscape Architect/Client Agreement may be terminated by either party on the expiration 21 days notice given in writing. Upon termination the Landscape Architect shall be entitled to reasonable payment for services provided in accordance with the Client/Landscape Architect Agreement. Equally the Client shall be entitled to receive services for which payment will have been effected.


6.04.16 Assignment

Neither the Client nor the Landscape Architect shall assign their agreement without the written consent of the other, Consent to assignment shall not be unreasonably withheld.


6.06.00 SCHEDULE OF DUTIES AND PROFESSIONAL CHARGES FOR LANDSCAPE

ARCHITECTS


FEE BASIS

Advising on site selection Fees on time Charge basis

Site use studies

Studies of services

Zoning Analysis & Authorities Consultations

Finance, Feasibility Studies and Reports

Soil Investigations

Existing landscape survey and Reports

Project Programming and Analysis

Preparation of Brief

Submission of Grants, Subsidy and Fund raising

Landscape procurement Advice

DESIGN DOCUMENTATION AND TENDER STAGE:

Schematic Design stage 15% of fees

Design Development 20% of fees

Detailed Design 30% of fees

Administrative services Fees on time charge basis

POST CONTRACT STAGE 30% of fees

Administering the contract

Record Drawings, Maintenance Manuals

Commissioning Assistance

MAKING GOOD DEFECTS

Services after Final Completion including ensuring of making good defects

5% of fees

Administration services Fees on time charge

SPECIAL SERVICES

Special Drawings Fees on time charge basis

Phased Development Planning Fees on time charge basis

Segregated Contracts Fees on time charge basis

Co-ordination of Special Plant Fees on time charge basis

Architectural Design Fees as in 4.03.03

Furniture, Furnishing and Artworks Fees as in 4.03.03

Estimates of Replacement costs Fees on time charge basis

Construction and Operation Research Fees on time charge basis

Project Management 2% of project cost

Construction Management 2% of fees project cost



FEE BASIS

Reinstatement After Damage Fees on time charge basis

Examination of Drawings and Documents Fees on time charge basis

Special Studies Fees on time charge basis

Submissions Fees on time charge basis (2 1/2 times normal)

Attendances Fees on time charge basis (2 1/2 times normal)

Litigation and Arbitration Fees on time charge basis

Property Estimates Fees on time charge basis

COST OF LANDSCAPE WORKS.

Below 6 Million Time basis

Shs.. 6 Million 12.50%

Shs. 7 Million 12.10%





Shs. 12 - 20 Million 9.65%

Shs. 21 - 30 Million 9.07%

Shs. 31 - 40 Million 8.93%

Shs. 41 - 50 Million 8.90%

Shs. 51 - 60 Million 8.85%

Shs. Over 61 Million 8% X 1.1


APPENDIX

Recommended minimum scales of professional fees for Landscape Works.

Coefficients

The fee outline is for contracts or works for which the Landscape Architect/Consultant has, overall responsibility to his Client and which includes „hard‟ and „soft‟ works. Contract or works for which the landscape consultant works in association with or a consultant to another professional (i.e. architect or engineer) and which includes hard and soft works where the hard works exceed 50% of the contract value upon which the percentage is based - multiply the percentage fee by 1.1. Contract or works for which the Landscape Consultant works in association with or as a consultant to another professional (e.g. Architect or Engineer) and in which the soft works element exceeds 50% of the contract value upon which the percentage is based multiply the percentage fee by 1.2.

Complex job types multiply by a factor 1.2:-

Urban Rehabilitation Environmental Renewal Defence Establishments Private Gardens Therapeutic Gardens Sports Stadia and Playing Fields Gravel and other mineral workings Marinas Reclamation of Derelict Land Coastal Defense Schemes Golf Courses Landscape of Roads Urban Parking Areas; parking areas attached to major recreation projects College and University Campuses Wildlife Parks Urban Recreation and Public Parks and other similar projects. When a project is partly of one type and partly of another, also when a project is of a type which does not fall clearly into any one of the above categories, interpolation between the job types should be made.

Conditions of Engagement

FORM OF AGREEMENT,

TERMS AND CONDITIONS

FOR

THE APPOINTMENT OF AN ARCHITECT _____________________________________________________________________________

ISSUED BY

THE BOARD OF REGISTRATION OF

ARCHITECTS AND QUANTITY SURVEYORS OF KENYA

APRIL 1999


FORM OF AGREEMENT

For use with the Terms and Conditions for the Appointment of an Architect issued by the Board of Registration of

Architects and Quantity Surveyors annexed hereto.

THIS AGREEMENT is made on the __________________________ day of _________________

19__________ between ____________________________________________________________

_________________________________________________________________ ( "the Employer")

Of ______________________________________________________________________________

(Registered office or address) ________________________________________________________

_________________________________________________________________________________

Whose representative shall be _________________________________________________________

(See Note 1)

and ____________________________________________________________________ (see Note 2)

___________________________________________________________________ ("the Architect")

of _______________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

by which

in accordance with the Terms and Conditions below

the Architect undertakes to perform those Services ("the Services") specified in Clause 1

at (address of Works)

______________________________________________________________________________

___________________________________________________________________("the Works")

for payment by the Employer to the Architect of a Fee in accordance with scale of

Professional fees issued by the Board of Registration of Architects and Quantity Surveyors of

Kenya or as agreed.

Note 1 delete, if not required

Note 2 If the Architect is in Partnership the names of all the Partners should be entered here

Unless there are more than four in which case the names of four Partners who are authorised

By the Partnership as a whole to enter into such contracts for and on behalf of the whole

Partnership should be inserted.

(i)

(v) the Architect undertaking to have and keep in effect professional indemnity insurance in the minimum sum as from

time to time prescribed by the Board of Registration of Architects and Quantity Surveyors.


IN WITNESS whereof this Deed has been executed the day and year first beforehand mentioned;

SIGNED [as a DEED*] by or on behalf of _______________________________________________

(Signature) ________________________________________________________________________

(Name in capitals) __________________________________________________________________ *Delete if the document is not to be entered into as a Deed

Signing as: - (DELETE all except one)

(a) Director, duly authorised to do so

(b) Partner, duly authorised to do so

(c) the Employer in person

in the presence of

(Signature of witness) _______________________________________________________________

(Name of witness in capitals) _________________________________________________________

Occupation ________________________________________________________________________

And the Architect

Signature _________________________________________________________________________

(Name in capitals) __________________________________________________________________


(a) director, duly authorised to do so

(b) partner, duly authorised to do so

(c) the Architect in person

in the presence of



Occupation ________________________________________________________________________

It is hereby agreed that:

1. The Architect will provide to the Client services in respect of project as summarised below and more fully

described in the Fourth Schedule of the Architects and Quantity Surveyors Act, Cap 525, Laws of Kenya.

2. The Client will pay the Architect for these services as summarised below and in accordance with the conditions set

out in the same Fourth Schedule.

(NOTE: Two identical copies of this Agreement should be drawn up, executed by both parties and exchanged between

them.)

(ii)

SUMMARY OF SERVICES AND PAYMENTS AS ENTERED BELOW


Service Reference Basis of Payment Reference

Clause in Clause in

Fourth Fourth

Schedule Schedule

CONSULTANTS

In connection with the services referred to above, the Client agrees to engage the services of the following: -

Quantity Surveyor

Structural Engineer

Electrical/Mechanical Engineers

Landscape Architect

Others (specify)

*delete where applicable


FORM OF AGREEMENT,

TERMS AND CONDITIONS

FOR

THE APPOINTMENT OF AN ARCHITECT _____________________________________________________________________________

ISSUED BY

THE BOARD OF REGISTRATION OF

ARCHITECTS AND QUANTITY SURVEYORS OF KENYA

APRIL, 1999

FORM OF AGREEMENT


For use with the Terms and Conditions for the Appointment of an Architect issued by the Board of Registration of

Architects and Quantity Surveyors annexed hereto.

THIS AGREEMENT is made on the __________________________ day of _________________

19__________ between ____________________________________________________________

_________________________________________________________________ ( "the Employer")

of ______________________________________________________________________________

(Registered office or address) ________________________________________________________

_________________________________________________________________________________

Whose representative shall be _________________________________________________________

(see Note 1)

and ____________________________________________________________________ (see Note 2)

___________________________________________________________________ ("the Architect")

of _______________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

by which

in accordance with the Terms and Conditions below

the Architect undertakes to perform those Services ("the Services") specified in Clause 1

at (address of Works)

______________________________________________________________________________

___________________________________________________________________("the Works")

for payment by the Employer to the Architect of a Fee in accordance with scale of

professional fees issued by the Board of Registration of Architects and Quantity Surveyors of

Kenya or as agreed.

Note 1 delete, if not required

Note 2 If the Architect is in Partnership the names of all the Partners should be entered here

Unless there are more than four in which case the names of four Partners who are authorised

By the Partnership as a whole to enter into such contracts for and on behalf of the whole

Partnership should be inserted.

(i)

(v) the Architect undertaking to have and keep in effect professional indemnity insurance in the minimum sum as from

time to time prescribed by the Board of Registration of Architects and Quantity Surveyors.

IN WITNESS whereof this Deed has been executed the day and year first beforehand mentioned;

SIGNED [as a DEED*] by or on behalf of _______________________________________________


(Signature) ________________________________________________________________________

(Name in capitals) __________________________________________________________________ *Delete if the document is not to be entered into as a Deed




(c) the Employer in person

in the presence of



Occupation ________________________________________________________________________

And the Architect

Signature _________________________________________________________________________

(Name in capitals) __________________________________________________________________




(c) the Architect in person

in the presence of



Occupation ________________________________________________________________________

It is hereby agreed that:

1. The Architect will provide to the Client services in respect of project as summarised below and more fully

described in the Fourth Schedule of the Architects and Quantity Surveyors Act, Cap 525, Laws of Kenya.

2. The Client will pay the Architect for these services as summarised below and in accordance with the conditions set

out in the same Fourth Schedule.

(NOTE: Two identical copies of this Agreement should be drawn up, executed by both parties and exchanged between

them.)

(ii)

SUMMARY OF SERVICES AND PAYMENTS AS ENTERED BELOW

Service Reference Basis of Payment Reference

Clause in Clause in

Fourth Fourth

Schedule Schedule


CONSULTANTS

In connection with the services referred to above, the Client agrees to engage the services of the following: -

Quantity Surveyor

Structural Engineer

Electrical/Mechanical Engineers

Landscape Architect

Others (specify)

*delete where applicable