(PS-Q001)

The Board of Registration of Architects and Quantity Surveyors of Kenya (BORAQS)

Standard
Professional Services Contract
Agreement (SPSCA)
Quantity Surveying Services

_______________________________________________________________________________________________________________
In accordance with the Architects and Quantity Surveyors Act Cap 525 and practice note No. 48, Quantity Surveying
Practitioners (Consultants) shall enter into written contract with the Developer (Client) for any Quantity Surveying
services carried out in Kenya. Contracting parties shall make use of the agreement at their own discretion, and
indemnify the Board of Architects and Quantity Surveyors (BORAQS) from any liability or responsibility arising from use
of this agreement.

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NOTES
i. This form shall be filled by both parties as soon as the terms of engagement are agreed.
ii. The duly filled form shall be uploaded to the BORAQS Portal (www. boraqs.or.ke/) during project
registration.
iii. Each project registered on the BORAQS Portal must be accompanied by its agreement form.
iv. Each party to the agreement bears responsibility to the information provided by them on this form.

SCHEDULE OF VARIABLES
1. PROJECT
Project name

Project location/physical address (LR No.)

County Sub-county

Nearest Landmark Street

NCA-Project reference number

2. CONTRACTING PARTIES

2.1. Client

Company/client name

Company registration number/client ID number

Client KRA PIN

Physical address Postal address

Telephone/ Cellphone Email

Client representative Position/Title

KRA PIN

Telephone / Cellphone

2.2. Quantity Surveyor (QS)

Business Name

Name of Supervising Quantity Surveyor

BORAQS registration Number

KRA PIN

Physical address Postal address

Telephone/ Cellphone Email

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3. SERVICES TO BE PROVIDED

3.1. Standard services. The following Quantity Surveying services shall be provided by the consultant:
Pre-Contract Services Post- Contract Services Full Service Lead Consultant

mark ‘X’ below applicable standard service

3.2. Inspection of works. The following inspection frequency of the works is agreed upon:
Per part of work
Daily Weekly Fortnightly Monthly Per work stage stage Other (specify)

mark ‘X’ below applicable period of inspection frequency

If other, please specify

4. FEE PAYABLE FOR THE WORK OR SERVICES

4.1. The Scale of fees for Quantity Surveying services are set out as per the Fifth schedule of CAP 525 of
the Laws of Kenya.

4.2. The fee quoted does not include charges for the necessary approval processes.
4.3. Whenever the guideline fees and rates are revised by BORAQS, the new rates shall apply to work
performed after the date of publication of such revision.

4.4. Time-based fee. Hourly rates (excluding VAT) for work carried out and/or work carried out
outside the agreed scope (delete inapplicable statement), shall be applicable as follows:
Senior Quantity
Quantity Surveyor Surveyor Assistant Quantity Surveyor Assistant

Rate per hour

Where the consultant facilitates and/or attends to the work of specialized professionals, an attendance fee
of………………. % shall be applicable.
Further reimbursements are estimated as follows:
Estimated
Item Rate Estimated quantity amount

1.

2.

3.

Total reimbursement allowances

4.5. Invoicing and payments: The consultant invoices are due and payable on presentation. The
consultant shall be entitled to render interim invoices. Fee and reimbursement invoices may be invoiced
separately.

5. BUDGET OR OTHER COST LIMIT FOR THE PROJECT, WORK, OR SERVICE

5.1. Budget means the anticipated final cost of the project and/or works and shall be based on
estimates, which are typically revised throughout the duration of the project.

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5.2. The budget of the works for fee purposes excludes TAXES, reimbursements and allowances,
contingencies, and provision for escalation. The budget of the works for fee purposes in this instance
shall be:…………………

6. PROVISIONS FOR TERMINATION OF THE AGREEMENT

6.1. Termination or postponement of the work
6.1.1. The client may at any time require that work on the project be terminated or postponed. On
notification of this, the consultant may stop all or part of his services.
6.1.2. The consultant shall invoice and be paid for all services rendered and disbursements incurred up
until this time.
6.1.3. Unless otherwise agreed, where the work is postponed for 52 weeks or more, the work will
automatically be deemed to be terminated.
2.2. Termination of the appointment/Agreement
6.2.1. Should either party be in breach of a material term of this agreement, this agreement may be
terminated by the aggrieved party on the expiry of a written 30 days’ notice to the party who is
in breach, if the breach will not have been remedied on expiry of the notice.
6.2.2. The parties may agree to a mutual termination of the agreement.
6.2.3. Clauses 6.1.1 and 6.1.2 will apply in the case of termination of the consultant appointment.

7. PROVISION FOR DISPUTE RESOLUTION

7.1. Should any dispute arise from this agreement, the dispute shall be referred to mediation.
7.2. The mediator shall be appointed by mutual agreement, or by the Board of Registration of Architects
and Quantity Surveyors (BORAQS). This clause is valid regardless of the termination of this agreement.

8. SPECIAL CONDITIONS (parties may indicate any particular conditions e.g. on scope of works,
responsibilities of parties, payment schedules, Material terms of the agreement for purposes of
termination, mediation etc.)

The following special conditions are noted:

9. EFFECTIVE DATE

The effective date of the agreement is:

CLIENT

Thus, done and signed at On

(place) (date)

Name Signature

QUANTITY SURVEYOR

Thus done and signed at On

(place) (date)

Name Signature

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