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ELECTRICAL DESIGN GROUP
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CONDITIONS OF ENGAGEMENT
Download this document COND-005(E) as PDF
1. PROPOSALS Unless specifically advised otherwise all fee proposals by the Electrical Design Group (EDG) are offered with the Conditions of Engagement included herein. The advice and or documentation the fee proposal is based upon is detailed in a specific fee proposal letter generated by EDG for every project. The exact scope and extent of work covered by the fee proposal is detailed in the project-specific fee proposal letter. 1.1 EDG’s Obligation EDG will perform in an efficient, professional and cost effective manner in accordance with relevant professional principles and standards. EDG will undertake discussions with the relevant client representatives to confirm their requirements in order to establish a brief. EDG’s aim is to ensure that the final brief identifies the client’s requirements and presents the most appropriate solution within the limitations of the current budget. At all times EDG will strictly remain within the scope of the authority granted by the client and will not act beyond its authority or hold out that it has authority beyond this agreement. EDG will keep proper commercial records and accounts for any claims it makes on the client for reimbursement and remuneration of fees based on time-charged billing under this agreement, and permit the client to inspect such records and accounts in the event of any disputed claim which needs to be substantiated. The author of EDG’s fee proposal is nominated by EDG as the principle contact within EDG (project engineer) for all correspondence regarding this agreement / project and has the appropriate authority to receive notices, take instruction and bind EDG under this agreement. Where EDG is required to change the project engineer, EDG will advise the client of such giving as much notice as practical. EDG will comply with instructions given by the client in connection with the services provided by EDG under this agreement, to the extent that EDG is bound by this agreement. 1.2 Client Obligations The client will at its own cost and in such a manner and timing as to not hinder or inhibit EDG’s ability to complete it’s obligation under this agreement undertake to provide the following:
1.3 Liability
EDG’s liability is limited to EDG’s cost of rectifying the services provided by EDG as covered by this agreement up to the total of the commission, or to the sum of $300,000.00 + GST, whichever is the lesser.
This agreement does not include EDG accepting liability for costs that may be incurred by the client or any other third party associated with the rectification of errors or omissions on the part of EDG.
After the expiration of one year from the date of issue of the final invoice by EDG for the amount indicated in the fee proposal letter, EDG is discharged from all liability in respect of the services whether under the law of contract, tort or otherwise.
EDG indemnifies the client against any and all liability, loss, damage, costs, compensation or expense whatsoever incurred by the client, arising out of any action, claim or proceeding brought by a third party in respect of :
1.4 Disputes
If the client and EDG are in dispute then either party can by notice in writing served on the other, require such a dispute to be resolved by the determination of an independent third party acceptable to both parties. If the parties cannot agree on any independent third party within seven (7) days of the date of service of the notice then either party may request the Institute of Arbitrators and Mediators Australia to nominate the third party.
If the dispute is not settled within 30 days, the dispute is to be referred to the arbitration of a person to be agreed between the client and EDG. If the parties fail to agree, within one month of one party giving the other notice in writing of an intention to seek arbitration, then either party may request the Institute of Arbitrators and Mediators Australia to appoint an arbitrator and the arbitrator is to be so appointed. The arbitration is to be in accordance with the Institution of Arbitrators Australia Rules for the Conduct of Commercial Arbitrations.
1.5 Termination
The client may terminate their obligations under this agreement:
EDG may suspend or terminate their obligations under this agreement:
(i) monies payable to EDG hereunder being outstanding for more than 30 days; (ii) other substantial breach by the client of his obligations hereunder, which has not been remedied within 30 days of written notice from EDG requiring the breach to be remedied; or
In such circumstances, EDG are entitled to, as EDG’s total compensation arising out of or in connection with such termination, payment for all work completed to the date of such termination.
Neither party may assign, transfer or sublet any obligation under this agreement without the written consent of the other. Unless stated in writing to the contrary, assignment, transfer or subletting does not release the client or EDG from any obligation under this agreement.
1.6 EDG’s Warranty
EDG warrants it will perform the service, including undertaking and providing all design and documentation so that the following points are achieved:
1.7 Miscellaneous
The terms or provisions of this agreement can not be amended or varied unless such amendment or variation is in writing and signed by the client and EDG.
This agreement does not create a relationship of partnership or principal and agent between the client and EDG. The client or EDG are not to pledge or purport to pledge the credit of the other party or make or purport to make any representations, warranties or undertakings for the other party.
The client and EDG must exercise all such powers as are available to them, do all such acts, matters and things and sign, execute and deliver all such documents and instruments as may be necessary or reasonably required to give full force and effect to the provisions of this agreement.
This agreement is governed by and construed in accordance with the laws for the time being in force in the place where the Project is situated and the parties hereto irrevocably submit to the jurisdiction of the Courts of that State including any Courts having appellate jurisdiction therefrom.
2. SCOPE
The following items where referenced in the fee proposal letter, detail the scope of services being offered as part of the fee proposal: Where items in the following list have not been referenced in the fee proposal letter, the item is not offered as part of the fee proposal:
Unless noted otherwise in the fee proposal letter, following are details of the works included as part of each scope to be provided by EDG where allowed for in the fee proposal.
2.1 Master planning
Where included, EDG will produce a master plan of the electrical services addressing the items included in the extent of work. The master plan will be prepared as a report and include as necessary details and information to provide a structured expansion and development. The master plan will address the following:
2.2 Cost benefit analysis
Where included, EDG will produce a cost benefit analysis of the specific item identified in the fee proposal. The cost benefit analysis will be prepared as a report and include as necessary details and information to allow the client to make an informed decision. The cost benefit analysis will address the following:
2.3 Design and construct brief
Where included, EDG will produce a design and construct (D & C) brief to allow a D & C tender to be called for the electrical services. The D & C brief is a technical brief and does not include preliminaries or conditions of contract. The D & C brief will include the following:
It is understood that all D & C documents produced by EDG are reviewed and endorsed by the client and that the documents accurately reflect the client’s requirements prior to the issuing of such documents for tender.
EDG will include as part of the D & C documents the requirement for the contractor to certify the installation, in that it complies with the tender documents and all authority requirements.
Unless specifically identified in the fee proposal, EDG will include all of the electrical services covered by EDG’s extent of work as a single tender package.
2.4 Design brief
Where included, EDG will produce a design brief in the form of a return brief. The instruction to proceed past the design brief stage will constitute endorsement by the client that the design brief accurately reflects the client’s requirements. The design brief will be used as the basis for developing the remainder of the design and documentation.
Changes to the design and documentation due to client requirements that have not been identified or are different to those in the endorsed design brief will constitute a fee variation.
The design brief will include the following:
2.5 Budget
Where included, EDG will provide a budget of the works included in the extent of works. The budget will include a reference to the document the budget is based upon such as the design brief, current architectural drawings or current electrical documents. The electrical budgets will be calculated using square metre and system rates recorded from recent similar tenders. EDG will endeavour to account for specific complexities and market forces that may affect the budget.
As EDG is not a contracting firm and does not have comprehensive access to the pricing and market information available to contractors, EDG is not able to guarantee budgets. Unless noted otherwise, when budgets are included in the fee proposal EDG has allowed to produce three separate budgets over the duration of the project.
2.6 Concept design
Where included, EDG will undertake the following as the concept design:
2.7 Investigation
Where included, EDG will undertake the following as the investigation where relevant:
(i) Exploratory underground excavations; (ii) Using cable locators; (iii) Surveys; (iv) Recording usage patterns and demands; (v) Recording operating sequences; (vi) Installation conditions; or (vii) Investigation by appropriately licensed technician.
2.8 Report
Where included, and when EDG has also included an investigation, EDG will provide a written report of the findings of the investigation.
Where included and EDG has not included an investigation, or a specific technical report is identified in the fee proposal, EDG will provide a specific technical written report including the following where applicable:
2.9 Schematic design
Where included, EDG will undertake schematic design works which include the production of sketches and letters as required, to relay schematic design information to the client and design team. The schematic design includes:
2.10 Detailed design
Where included, EDG will undertake detail design works to allow a relevantly qualified and licensed person, competent and experienced in understanding electrical services, to construct the works covered by EDG’s extent of work. This includes the production of the following documents:
The detail design works include:
2.11 Building approval documentation
Where included, EDG will undertake building approval documentation including drawings and details to allow a building certifier and the relevant local authority to give building approval over the electrical services described below.
The building approval drawings and details will indicate the extent of the services and the layout of the following services where required:
2.12 Building approval certification
Where included, EDG will provide a Form 15 certificate, certifying the building approval documentation produced by EDG, indicating the services on the referenced documents have been designed in accordance with the referenced standards.
2.13 Tender documentation
Where included, EDG will produce the following tender documentation to allow the electrical services covered by EDG’s extent of work to be commercially tendered:
It is understood that all tender documents produced by EDG are reviewed and endorsed by the client, and that the documents accurately reflect the client’s requirements prior to the issuing of such documents for tender.
EDG will include as part of the tender documents the requirement for the contractor to certify the installation in that it complies with the tender documents and all authority requirements.
The tender documents produced by EDG are technical only and do not contain any preliminaries or conditions of contract.
Unless specifically identified in the fee proposal EDG will include all of the electrical services covered by EDG’s extent of work as a single tender package.
2.14 Technical specification
Where included, EDG will produce a technical specification covering the extent of the services included by EDG. The technical specification will be in EDG’s specification format and style.
EDG’s technical specification will define and detail the following:
Where appropriate the technical specification will be accompanied with one or more of the following returnable tender schedules:
2.15 Construction documentation
Where included, EDG will produce construction documentation that is the tender documentation modified to include changes due to the tender negotiation process and any ongoing design developments. The construction documentation will include the finalised coordination between the electrical services and other services.
2.16 Services during Construction
Where included, EDG will undertake the following services during the construction stage of the project:
2.17 Certification
Where included, EDG will undertake a site inspection of the installation and witness the operation of the electrical services covered by EDG’s extent of work, and certify that the installation complies with the electrical services documents and the relevant standards, codes and authority requirements.
2.18 Site visits
Where included, EDG will undertake site visits where applicable as described above: The quantity of site visits that has been allowed for is identified in the fee proposal.
2.19 Design meetings
Where included, EDG will attend the nominated number of design meetings within the Brisbane metropolitan area each up to two hours in duration. Where a specific quantity of design meetings has not been included in the fee proposal EDG will attend one design meeting within the Brisbane metropolitan for every $8,000.00 + GST or part thereof of the total EDG fee.
3. EXTENT
EDG will undertake the services identified in the scope of work in the fee proposal letter for each item included in the extent of works in the fee proposal letter.
Where EDG has prepared a document to be used as the technical component of a contract, it will include all operating, testing and commissioning of electrical components and services as part of the contract works. Such operating, testing and commissioning of electrical components and services may be witnessed by EDG where appropriate.
Where EDG has not prepared a contract, all operating, testing and commissioning of electrical components and services will have to be carried out by the client or a third party at the client’s expense. Such operating, testing and commissioning of electrical components and services may be witnessed by EDG where appropriate.
Costs associated with the following are not included in the electrical contract and have to be borne by the property owner or the operator:
The following items, where referenced in the fee proposal letter, detail the extent of works covered by the scope offered as part of the fee proposal. Where items in the following list have not been referenced in the fee proposal letter, the item is not offered as part of the fee proposal.
3.1 Supply authority coordination
This includes the provision of a power supply to the site, and if required, an on-site substation. Also included is the supply authority metering. This does not include any works outside of the site’s boundary, or any works associated with subdivisions. The application for power is to be by the operator.
3.2 Telecommunication carrier coordination
This includes the provision of a telecommunication carrier’s service to the site. This does not include any works outside of the site’s boundary, or any works associated with subdivisions. The application for exchange services is to be by the operator. This does not include any works associated private PABX’s or telephone switching systems.
3.3 General lighting and lighting control
This includes the provision of general internal and external lighting and control of such. Due to the decorative nature of some lighting systems, the operator may be required to assist with the set up, aiming and programming of the lighting installation.
3.4 General power reticulation and distribution
This includes the provision of general power reticulation and distribution to control panels, isolators and outlets as required. This does not include any works associated with surge protection, process control, energy management systems, standby power or an un-interruptible power supply.
3.5 Emergency and evacuation lighting as required by the BCA
This includes the provision of an emergency and evacuation lighting as required by the Building Code of Australia.
3.6 Signage power
This includes the provision of power and control to illuminated signage. This does not include any work associated with the design or the provision of the illuminated signage.
3.7 Communications cabling
This includes the provision of private communications cabling including telecommunications and data cabling. This does not include any works outside of the site’s boundary, or any works associated with subdivisions. The application for exchange services is to be by the operator. This does not include any works associated private PABX’s, telephone switching systems, data networking or active data equipment.
3.8 Standby power
This includes the provision of an on-site diesel engine-powered standby power generator including the associated change over, control, fuel ventilation, exhaust and acoustic systems.
3.9 Lightning protection system
This includes the provision of a building protection lightning protection system. This does not include surge protection or equipment protection.
3.10 Surge protection
This includes the provision of surge protection and / or power supply filtering to an agreed level to the required services.
3.11 Fire Alarm and detection as required by the BCA
This includes the provision of an electronic fire alarm, detection and evacuation system as required by the Building Code of Australia. This does not include any works associated with non-electronic fire protection services such as fire extinguishes, hose reels, hydrants or sprinklers.
3.12 Intruder detection
This includes the provision of an internal intruder detection system. Due to the nature of intruder detection systems the operator is required to assist with the programming of the intruder detection system.
3.13 Access control
This includes the provision of an electronic access control system. Due to the nature of electronic access control systems the operator is required to assist with the programming of the access control system. This does not include any works associated with physical access control hardware such as doors, locks, gates, boom gates, roller shutter doors or the like. The motors, drives and controllers of such physical access control hardware are not included.
3.14 Intercom system
This includes the provision of an intercom system. Due to the nature of intercom systems that are interfaced to access control systems, the operator is required to assist with the programming of such intercom system.
3.15 Closed circuit television
This includes the provision of a closed circuit television system (CCTV). Due to the nature of closed circuit television systems the operator is required to assist with the programming of the closed circuit television system.
3.16 Master antenna television
This includes the provision of a master antenna television system (MATV). The application for pay TV services is to be by the operator. This does not include any works associated with television sets beyond the MATV outlet. Other than free-to-air television services it is the operator’s responsibility to provide all television content. As EDG is not a Foxtel accredited designer, EDG will nominate the Foxtel component of the MATV system as a design and construct package in accordance with the Foxtel requirements.
3.17 Public address/background music
This includes the provision of a public address/background music system. This does not include any works associated with specialised theatrical or entertainment sound systems. It is the operator’s responsibility to provide all audio content.
3.18 Uninterruptible Power Supply
This includes the provision of a battery style uninterruptible power supply (UPS) capable of supplying the required equipment including a power supply and bypass system. This does not include any works associated with general power reticulation and distribution from the UPS to the required equipment.
4. EXCLUSIONS
EDG's works are limited to a technical design and do not include contract conditions and preliminaries.
Following are electrical services related to EDG’s extent of work that are specifically excluded from the fee proposal: These works are normally undertaken by the tenant / operator of the facility:
EDG does not offer the following services and as such the following are excluded from the fee proposal:
EDG staff are not electricians and as such are not able to work on any electrical components. Additionally, EDG’s professional indemnity prohibits any EDG staff from working on, operating or testing any electrical component or service.
EDG will not engage contractors on behalf of the client.
Disbursements detailed below are not included in the fee proposal unless specifically noted in the fee proposal.
EDG is not the principle consultant nor the primary consultant.
5. DISBURSEMENTS
Unless specifically included in the fee proposal letter, the following items are not included in the fee proposal and should they be required, the cost of such is to be reimbursed to EDG:
EDG will obtain approval of all disbursements prior to incurring any such costs.
6. DOCUMENTATION
6.1 Distribution
Unless agreed to in writing by EDG and the client, EDG will distribute documentation, information and advice according to guidelines set out below.
All correspondence regarding a project will be either sent directly to, or cc’d to, the principle consultant, normally the architect or project manager. EDG will address all advice and information required by the contractor to the principle consultant for their action. Such advice and information will be cc’d to the contractor and electrical sub contractor if their contact details are known by EDG and it is deemed appropriate by the EDG project engineer.
At no time will EDG issue instructions directly to a contractor.
The fee proposal is based upon the documents being delivered by general post, handed over at meetings or being picked up. Excessive use of couriers and urgent deliveries may generate a fee variation.
6.2 Quantity
Unless specifically advised in the fee proposal letter, the fee proposal is based upon EDG providing a single hard copy of each revision of each document produced by EDG. Electronic copies of documents produced by EDG can be repeatedly downloaded at no cost from EDG’s internet site.
Should multiple hard copies of a single revision of a document produced by EDG, this will constitute a fee variation. The fee variation for multiple hard copies will be charged at the rates detailed in section 6.3.
6.3 Document Costs
Additional hard copies of documents produced by EDG beyond that allowed for in the fee proposal will be charged for at the following rates:
Per A4 sheet $0.40 plus GST Per A3 sheet $0.80 plus GST Per A1 sheet $3.00 plus GST Per B1 sheet $4.00 plus GST
If the additional copies are issued as part of a revision change issue, the cost is limited to the above printing costs.
If the additional copies are issued as a separate issue, the cost of the additional hard copies will be $50.00 plus GST plus the above printing costs.
The cost of other sized documents will be charged at a rate to be agreed to by EDG and the client.
6.4 IT Conditions
All electronic information produced by EDG is issued under EDG’s IT Conditions, which are available for viewing and downloading at EDG’s website www.edg.net.au or as hard copy by contacting EDG.
To minimise the costs incurred by our clients, it is the intention of EDG to have documents issued on an ‘as needed’ basis rather than the traditional ‘just in case’. To achieve the ’as needed’ goal EDG freely distributes electronic copies of relevant documents to interested parties on the understanding the recipient agrees with EDG’s IT Conditions.
The advantages of an ‘as needed’ approach to document issue, utilising the free electronic distribution of relevant documents, include:
To achieve the issue of documents on an ‘as needed’ basis EDG posts contractual documents on its internet site for free unrestricted download.
6.5 Document Sizes
EDG’s fee proposal is |