Nec3 professional services contract free download

In addition, in September , changes were introduced to cater for the amendments to the Housing Grants, Construction and Regeneration Act contained in the Local Democracy, Economic Development and Construction Act , which became effective for all new contracts entered into from 1 October These amendments have been incorporated into the text.

A Practical Guide to the NEC3 Engineering and Construction Contract will be useful to everyone in the construction industry working on a project under this contract.

It will be of interest to the complete construction supply chain, including employers, construction professions, contractors and sub-contractors, as well as consultants and lawyers advising any of these parties, either in the preparation of contract documentation or the day to day management or the resolution of problem situations which may arise.

These applications will improve the construction process in order to conveniently manage the project and make the project most qualitative, competitive, and economical. Due to EU tax regulations we are unable to allow transactions that mix certain product types. To purchase products of different types, please place a separate order. Book 3 Managing Reality, 2nd Edition. Book 4 Managing Reality, 2nd Edition. Download it here This document should be used along with the " Alliancing Code of Practice ", which can be downloaded here.

Find out more Related Products. Close This website uses cookies, so that we can provide you with the best user experience. By the representative of the tenderer, deemed to be duly authorised, signing this part of this Form of Offer and Acceptance the tenderer offers to perform all of the obligations and liabilities of the Consultant under the contract including compliance with all its terms and conditions according to their true intent and meaning for an amount to be determined in accordance with the conditions of contract identified in the Contract Data.

In consideration thereof, the Employer shall pay the Consultant the amount due in accordance with the conditions of contract identified in the Contract Data. Acceptance of the tenderers Offer shall form an agreement between the Employer and the tenderer upon the terms and conditions contained in this agreement and in the contract that is the subject of this agreement. Deviations from and amendments to the documents listed in the Tender Data and any addenda thereto listed in the Returnable Schedules as well as any changes to the terms of the Offer agreed by the tenderer and the Employer during this process of offer and acceptance, are contained in the Schedule of Deviations attached to and forming part of this Form of Offer and Acceptance.

No amendments to or deviations from said documents are valid unless contained in this Schedule. The tenderer shall within two weeks of receiving a completed copy of this agreement, including the Schedule of Deviations if any , contact the Employers agent whose details are given in the Contract Data to arrange the delivery of any securities, bonds, guarantees, proof of insurance and any other documentation to be provided in terms of the conditions of contract identified in the Contract Data at, or just after, the date this agreement comes into effect.

Failure to fulfil any of these obligations in accordance with those terms shall constitute a repudiation of this agreement. Notwithstanding anything contained herein, this agreement comes into effect on the date when the tenderer receives one fully completed original copy of this document, including the Schedule of Deviations if any. To be completed by the Employer prior to award of contract. The extent of deviations from the tender documents issued by the Employer prior to the tender closing date is limited to those permitted in terms of the Conditions of Tender.

A tenderers covering letter must not be included in the final contract document. Should any matter in such letter, which constitutes a deviation as aforesaid be the subject of agreement reached during the process of Offer and Acceptance, the outcome of such agreement shall be recorded here and the final draft of the contract documents shall be revised to incorporate the effect of it. Subject Details 1 2 3 4 5 6 7 By the duly authorised representatives signing this Schedule of Deviations below, the Employer and the tenderer agree to and accept this Schedule of Deviations as the only deviations from and amendments to the documents listed in the Tender Data and any addenda thereto listed in the Tender Schedules, as well as any confirmation, clarification or changes to the terms of the Offer agreed by the tenderer and the Employer during this process of Offer and Acceptance.

It is expressly agreed that no other matter whether in writing, oral communication or implied during the period between the issue of the tender documents and the receipt by the tenderer of a completed signed copy of this Form shall have any meaning or effect in the contract between the parties arising from this Agreement. Rand value equivalent to contract value for any occurrence or series of occurrences arising out of one event without limit to the number of claims.

Insurance against: Whatever the Consultant deems necessary including cover provided for payment of deductibles Professional Liability Insurance 9 Termination No data required for this section of the conditions of contract. See www. The place where arbitration is to be held is Cape Town , Republic of South Africa The person or organisation who will choose an arbitrator if the Parties cannot agree a choice or if the arbitration procedure does not state who selects an arbitrator, is the Chairman for the time being or his nominee of the Association of Arbitrators Southern Africa or its successor body.

X2 Changes in the law X2. X10 The Employers Agent X Z The Additional conditions of contract are Z1 to Z11 always apply. Z1 Cession delegation and assignment Z1. If the Employer terminates in terms of this clause, the procedures on termination are those stated in core clause The payment on termination includes a deduction of the forecast of the additional cost to the Employer of completing the whole of the services in addition to the amounts due in terms of core clause Z4 Ethics Z4.

Such practices include making of offers, payments, considerations, or benefits of any kind or otherwise, whether in connection with any procurement process or contract with the Employer or other people or organisations and including in circumstances where the Consultant or any such member is removed from the an approved vendor data base of the Employer as a consequence of such practice.

Z5 Confidentiality Z5. This undertaking does not, however, apply to information which at the time of disclosure or thereafter, without default on the part of the Consultant, enters the public domain or to information which was already in the possession of the Consultant at the time of disclosure evidenced by written records in existence at that time.

Should the Consultant disclose information to Others in terms of clause In the event that such protective order is not, or cannot, be obtained, then the Consultant may disclose that portion of the information which it is required to be disclosed by law and uses reasonable efforts to obtain assurances that confidential treatment will be afforded to the information so disclosed.

All rights in and to all such images vests exclusively in the Employer. Z6 Waiver and estoppel: Add to core clause Z7 Provision of a Tax Invoice and interest. Add to core clause 51 Z7. Z8 Notifying compensation events Z8. Z9 Employers limitation of liability Z9. The guidance is not part of the contract and the Employer carries no liability for it.

For the purpose of works contracts, insurance provided by Eskom the Employer has been arranged on the basis of project or contract value, where the value is the total of the Prices at Completion of the whole of the works including VAT. A project is a collection of contracts or work packages to be undertaken as part of a single identified capital expansion or refurbishment of a particular asset or facility.

A contract is a single contract not linked to or being part of a project. Format B is for a project or contract value greater than RM. Format Dx applies only to Distribution Division projects and contracts. Cover and deductibles for Distribution Division are per the relevant policy available on the internet web link given below. Format A generally applies to Transmission Division projects and contracts.

The Insurance which the Consultant is to provide against his liability for claims made against him arising out of his failure to use reasonable skill and care first row in the Insurance Table of clause Hence the Consultant needs to ensure that his cover is in place at least until all his liabilities under the contract have expired. Such claims could arise out of any negligent act, error or omission committed or alleged to have been committed by the Consultant in the conduct of professional services in connection with the contract.

Their CVs may be obtained by using the contact details provided. The number of the clause in the PSC3 which requires the data is shown in the left hand column for each statement however other clauses may also use the same data. Whenever a cell is shaded in the left hand column it denotes this data is optional and would be required in relation to the option selected.

The Employer should already have made the selection and deleted the rows not required. Completion of the data in full, according to Options chosen, is essential to create a complete contract.

Clause Statement Data Fax No. The conditions of contract 1. A completed activity is one which is without Defects which would delay immediately following work.

This confirms that Option A is a lump sum form of contract where the work is broken down into activities, each of which is priced by the tendering consultant as a lump sum. Only completed activities are assessed for payment at each assessment date; no part payment is made if the activity is not completed by the assessment date.

Function of the Activity Schedule Clause This confirms that instructions to do work or how it is to be done are not included in the Activity Schedule but in the Scope. This is further confirmed by Clause The Activity Schedule is only a pricing document.

Link to the programme Clause Hence when compiling the activity schedule, the tendering consultant needs to show each activity on the programme he submits with his tender. Preparing the activity schedule The tendering consultant prepares the activity schedule and should study the PSC3 Guidance Notes pages 2 and 24 before doing so.

The Employer may have instructed the tendering consultant to include particular activities which he has specified and requires the Consultant to identify them in his activity schedule. The Employer, in his Conditions of Tender or in a Tender Schedule, may have listed some items that he requires the Consultant to include in his activity schedule and be priced accordingly. Hence activities in the activity schedule should be structured so as to provide an acceptable monthly cash flow as they are only assessed for payment on the assessment date if they have been completed.

The only basis for a change to the Prices is as a result of a compensation event. See Clause Expenses Expenses are not included in the activity schedule items and are assessed separately at each assessment date. Expenses associated with employing a staff member in Providing the Services are listed separately either by the Employer in Contract Data provided by the Employer or by the Consultant in Contract Data provided by the Consultant.

As only the expenses listed may be claimed by the Consultant, all other cost to the Consultant associated with Providing the Services must be included within the activity schedule or staff rates. Rate adjustment for inflation of expenses is explained on page 13 of the Guidance Notes. Staff rates When a compensation event occurs changes to the affected Activity Schedule item or new priced items in the Activity Schedule are assessed as the actual Time Charge for work already done and the forecast Time Charge for work not yet done.

See clause Clause This is because staff rates can be established in one of three ways: rates for named staff, rates for categories of staff or rates related to salaries paid to staff. Rate adjustment for inflation, if necessary, can be based either on actual salary adjustments or by using Option X1: Price adjustment for inflation. See pages 13, 14 and 28 of the Guidance Notes. Items Frequency Resources 1 The training to Koeberg Employee Ad-hoc basis Marine Specialist 2 Provide ad-hoc consulting services in response to specific marine engineering issues[ e.

Perform evaluation and analysis of the structural integrity of the marine structures i. Exercises are to be conducted at a minimum of twice a year in order to ensure emergency preparedness for oil spill events. In an emergency a minimum response period from notification to boat in the water of two hours is required. Description of the services 1. The reasons for monitoring sea temperatures are: To evaluate the possible impact of hot water discharge from the power station on the marine ecological environment.

To ensure that the heated water effluent does not leak through the main breakwater comparison of seawater temperatures at intake and outfall for overall operations control of the temperature regime of the entire cooling water system. To provide updated information on extreme conditions, for safety and operating requirements.

Jellyfish monitoring as required or after sightings by public when the need arises. The distance to be covered per survey will be as per instruction from Koeberg. The reason for survey is that breakwater damage is not always immediately obvious to casual inspection.

Progressive settlement can occur over a long period before the effect is noted. This trend ensures that preventative maintenance action is implemented before significant level of damage occurs. Perform annual levelling of the breakwaters for inclusion into the Annual Marine Data Report to ensure that the structures fulfil their function. Provide ad-hoc consulting services and maintenance work in response to specific marine engineering issues to be included in the Annual Marine Executive Report [e.

Perform an evaluation and analysis of the structural integrity of the marine structures i. The results of the survey are to be included in the KNPS Annual Marine Data Report Perform an annual visual inspection of the marine structures in order to assess the structural integrity and state of reinforced concrete and provide repair strategies.

Perform underwater inspection to civil marine structures during outages in order to assess the structural integrity and state of reinforced concrete and establish repair strategies. Compile outage report. Monitor tidal level and long waves measure, maintain data base for a data trending and analysis of results and generate a report in order to operate the intake pumps safely, specifically wrt minimum water level.

The intake pumps are designed to operate safely at minimum water level of Perform beach profile survey monitor the beach profiles along the same profile positions measured between and for the Koeberg site investigation in order to create a directly comparable data base of beach levels since the s in a quarterly basis.

The tasks include pumphouse dredging in and out survey, ad-hoc inspection of dredging progress, calculated dredged level. Pumphouse dredging in-survey: The Contractors scope of work during the in-house dredging: The maximum dredgeable material volume during the outages should be agreed with Maintenance.

Pumphouse dredging out-survey. The Contractors scope of work during the in-house dredging: The maximum dredgeable material volume during the outages should be agreed with Maintenance. Provide ad hoc service manned boat, diving etc. Inspect chlorine diffusers situated inside the seawater filtration pits in the plant for blockages as requested by Maintenance Department.

Provide for a boat and crew as required to various departments in the event that the KNPS boat is not available Perform periodical minimum four times a year bathymetric surveys of the intake basin and evaluate the accretion of sand in the cooling water intake basin. The reason is for the management of the following: Sedimentation and dredging in the basin. Dredging quantity calculations and used for payment of Dredging Contractor. Perform periodical minimum twice a year bathymetric surveys beyond the cooling water intake basin.

The reasons are for management of the dredged spoil sand to assist with decision-making wrt where to discharge dredged sand with the least impact on environment and assess damage to breakwaters. Provide assistance with the deployment and recovery of the oil boom. The samples are to be taken in the sea preferably at the bottom or around the reef.

Sea temperature data is to be downloaded, evaluated, compared to previous data and included in the Annual Marine Data Report Overview of marine structures Compile and provide Annual Marine Executive Report and provide KNPS with hard and electronic copies.

Attend and provide inputs to the quarterly co-ordination meetings Provide inputs to all relevant procedures in all levels and designs Compile civil maintenance repair procedures, specifications, feasibility studies when required by Employer and provide the Employers Agent with hard and electronic copies.