NEW Arch3itect Agreement

M.S.P.H. & W.C. Ltd.
ARCHITECT AGREEMENT
This Agreement is made at Mumbai this _________ day of ___________ 2014 between
Maharashtra State Police Housing
& Welfare Corporation Ltd., Mumbai, a
Government of Maharashtra Undertaking, (MSPH&WC Ltd.) having its Registered Office

at Plot No.89-89A, Sir Pochkhanwala Road, Near Police Officers Mess, Worli, Mumbai 400 030, hereinafter referred to as the Client (which express shall unless it be repugnant
to the context or meaning thereof be deemed to mean and include its successors and
assigns) of the One Part.
And
M/s. ________________, a Company incorporated under ______________________,
having its
Registered
Office
at
_________________________________,
____________, hereinafter referred to as the Architect (which expression shall unless it

be repugnant to the context or meaning thereof be deemed to mean and include its
successors and assigns) of the Other Part.
WHEREAS
(a) The Client intends to proceed with the project namely Construction of
_________________________________________________________________________
______________________________________________ (hereinafter referred to as the
said property) and more particularly described in the Schedule hereunder written.
(b) The Client wishes to appoint an Architect for the project and the Architect has agreed to
accept such appointment for the consideration and upon the terms and conditions as
mentioned hereinafter.
Now this Agreement witnesses and it is hereby agreed by and between the parties
hereto as follows:1.0
DEFINITIONS AND ABBREVIATIONS:
1.1
Appointment: The Agreement between the Client and the Architect for the
project as set out in Standard Form of Agreement documents.
Architects signature with Stamp
Agreement with Architect / Page 1 of 28
Clients signature with Stamp
1.2
Architect: The party specified as Architect in the Agreement mean and includes
its successors and assigns. The Architect should be an Architect licensed to
practice the profession of Architects under the Indian Architects Act, 1972 and
registered with the Council of Architecture.
1.3
Budget : The sum the Client proposes to spend on the Project inclusive of:
Professional fees and expenses & Statutory charges.
1.4
Client: The party specified as Client in the Agreement means and include its
successors or assigns or officers so designated.
1.5
Tender cost: The offer submitted by the contractor and accepted by client.
1.6
Block Estimate: The cost of work based on approximate estimate.
1.7
Detailed Estimate: The cost of work based on detailed drawing, design and
detailed measurements and rate analysis for individual Items of work.
1.8
Project: As specified in the Agreement.
1.9
Services: The services to be provided by the Architect as specified in the

Agreement herein below.
1.10
Site: As specified in the Agreement the place where those works are to be carried
out.
1.11
Site Staff: Staff appointed by the Client to inspect the works.
1.12
Specialist / Expert / Other Consultant : A person or firm, other than the

consultant, appointed by architect to provide expertise, skill and care, involving
design, in the supply or manufacture of goods, materials or components or in the
construction of parts of the Project.
1.13
Timetable: The timetable for the completion of the services by the Architect
under this Agreement. Stages into which the process of designing building
projects and administering building contracts is divided in accordance with this
Agreement.
1.14
Works: The works to be carried out by the Construction contractor as described

in the contract document.
1.15
Fees: Amount paid to Architect for the services rendered to client.
1.16
BIS: Bureau of Indian Standard.
1.17
BSNL: Bharat Sanchar Nigam Limited.
1.18
BUA : Built Up Area of construction.
1.19
CIDCO: City and Industrial Development Corporation.
1.20
CRZ: Coastal Regulation Zone.
1.21
DILR: District Inspector of Land Record.
1.22
DP : Development Plan
1.23
DSR: District Schedule of Rates for the particular year and area / region.
1.24
EIRL: Extra Item Rate List.
1.25
ESR / GSR : Elevated Storage Reservoir / Ground Storage Reservoir
1.26
ID: Irrigation Department, Government of Maharashtra State.
1.27
IRC : Indian Road Congress.
1.28
MGL : Mahanagar Gas Limited.
1.29
MHADA : Maharashtra Housing And Development Authority.
1.30
MIDC : Maharashtra Industrial Development Corporation.
1.31
MJP : Maharashtra Jeevan Pradhikaran, Government of Maharashtra State.
1.32
MOEF : Ministry of Environment and Forest (both state & Central Govt.).
1.33
MORTH : Ministry of Road Transport & Highways.
1.34
MSEDC : Maharashtra State Electricity Distribution Company Ltd.
1.35
MTNL : Mahanagar Telephone Nigam Limited.
1.36
NBC : National Building Code.
1.37
OH LINES : Over Head Lines.
1.38
PMC : Project Management Consultant.
1.39
PWD : Public Works Department, Government of Maharashtra State.
1.40
RA Bill : Running Account Bill.
1.41
SEZ : Special Economic Zone.
1.42
TILR : Taluka Inspector of Land Record.
1.43
ZP : Zilla Parishad.
2.0
CONDITIONS OF AGREEMENT
2.1
Scope of work:
The Architect Consultant shall provide comprehensive planning and design
services in respect of the work for construction. Without prejudice to the
generality of the aforesaid, the same shall, in particular, include the following:-
(a) Site evaluation and analysis including site surveying and carrying out soil tests
etc.
(b) Environmental Impact Assessment.
(c) Architectural work and site development.
(d) Structural engineering work.
(e) Sanitary, plumbing, drainage, water supply and sewerage work.
(f) Electrical work (internal as well as external).
(g) Landscape work.
(h) Preparation of a detailed estimate on basis of District Schedule Rates (D.S.R.)
applicable to the region and year.
(i) Preparation of a draft tender document with all accompaniments including all the
working drawings.
(j) Obtaining all the approvals from local competent authorities.
Note :
1) The designs for all items shall be as per B.I.S. Code, NBC / MORTH and
all other regulation as may be applicable and I.R.C.
2) All specialized works shall be done through professional experts in the
employment of the Architect or otherwise in the respective fields.
2.2
FEES PAYABLE TO THE ARCHITECT FOR THE SERVICES

RENDERED TO THE CLIENT (See para 2.3)
For the services mentioned in the scope of the work the Architect shall be paid
the fees in the following manner.
(i) The Architect shall be paid total fees at the rate given below of the estimated cost
or tendered cost whichever is less, subject to completion of all activities as
mentioned in para 2.3 inclusive of all taxes.
Cost of project
Above
Rs. 100 Crore
Rs. 75 to 100 Crore
Rs. 50 to 75 Crore
Rs. 25 to 50 Crore
Rs. 15 to 25 Crore
Rs. 5 to 15 Crore
Rs. 3 to 5 Crore
Upto Rs. 3.00 Crore
For Non repetitive work

% of fee
Amt. of fee
1.00 %
Rs. 100.00
Lakh & more
1.25% Rs. 94 to 100
1.00%
Lakh
1.50 % Upto Rs. 75 to
1.25 %
94 Lakh
1.75 % Upto Rs. 44 to
1.50 %
75 Lakh
2.00 % Upto Rs. 30 to
1.75 %
44 Lakh
3.00 % Upto Rs. 15
2.00 %
to 30 Lakh
4.00 % Upto Rs. 12 to
3 .00 %
15 Lakh
4 .00 %
Upto Rs. 12
Lakh & less
For repetitive work

% of fee
Amt. of fee
0.65 %
Rs. 65 Lakh
& more
0.75 % to 0.65 % Rs. 56 to
65 Lakh
1.00 % to 0.75 % Rs. 50 to
56 Lakh
1.25 % to 1.00 % Rs. 32 to
50 Lakh
1.50 % to 1.25 % Rs. 23 to
32 Lakh
2.50 % to 1.50 % Rs. 13 to
23 Lakh
3.50 % to 2.50 % Rs. 11 to
13 Lakh
3.50%
Rs. 11 Lakh
Note : 1) Architect fee is including the fee of all sub consultant required for
completion of project such as Structural Consultant, Electrical Consultant,
Water supply and drainage consultant, Air-conditioning consultant, landscape
consultant etc.
2) Structural consultant and Electrical consultant if not visiting the sites
regularly or not providing services due to non payment by Architect then the
fee of Architect against structural consultant will be deducted as 25 % of
total fee and 15 % for electrical consultant and for other consultant about 10 %
of total fee to each consultant but not more than 50 % of total fee and the fee
of sub consultant will done by client but directly.
(ii)
The estimated cost of the work is approximately Rs. ---------------------------------(Rupees -------------------------------------------------------------------------------------).

(iii) No fee shall be due and payable against the price variation paid to/recovered from
Contractor.
(iv) If the project is not taken up due to some or other reason(s) the architect will be
paid upto the stage(s) accomplished on the actual estimated cost of building /
project.
(v) Initially the payment will be made to architect based on estimated cost till the
determination of the tendered cost of the project. Such payments made to the
Architect on this account shall be adjusted against the final amount payable.
2.3
SCHEDULE OF SERVICE, STAGES OF
WORK, DUTIES,
RESPONSIBILITIES AND PAYMENT TO THE ARCHITECT:
The Architect shall after taking instruction from the Client render the services mentioned
in stages of work mentioned below. Architect will be paid fees in the following manner
on account of services provided to the client there to.
Note:
1) The payment to the particular stage will be made only when all the activities during
that particular stage are completed.
2) Maximum time limit for the work from stage 1 to 7 shall be 5 (five) months from the
date of appointment order of the Architect.
(A) PRE TENDER ACTIVITIES
Stage
No.
1.
Total
Fees
fees
payable
payable
for the
sub stages for the
stage.
of work.
0.40%
2% of
(i) Obtaining & submission of latest updated property
the total
cards of land where proposed building or project is
fees
planned and other details along with information about
payable.
the DP reservations, & other restrictions like CRZ, SEZ,
Civil Aviation, MOEF, Agricultural land etc and other
details about the ownership of land & encroachment(s)
over the land, if any, from competent authority.
Description of the work.
(ii) Obtaining and submission of land details from local

competent authorities, details of boundaries, demarcation
from DILR or any other competent authority and
measurements of land, as may be applicable in that area.
0.40%
(iii) Submission of a site plan to a suitable scale

showing all details such as existing structures with
dimensions, poles, trees, over head lines, boundaries,
existing roads and proposed roads or paths of PWD, ZP,
Municipal corporations or councils and other bodies such
as CIDCO, etc. existing over ground or under ground
services and utility lines and such other lines from which
the connections for the proposed buildings or structure
could be obtained.
0.40%
(iv) Fixing boundary stones or poles as per the

specifications with approval of client. The cost towards
fixing the boundary stones or poles will be reimbursed
by the client based on the approved estimate by the client
as per the prevailing DSR rates of the year.
0.40%
(v) Submission of preliminary site report with details of
0.40%
existing features and amenities viz. sources of water and

electricity, approach roads etc. available and furnishing
of block estimate based on DSR, if required by the
client.
2.
(i) Carrying out and submission of Plane Table Survey

and Contour Survey with interval of 0.5m or smaller for
0.30%
3% of
the total
the entire land showing value and location of
fees
Temporary Bench Mark (TBM) on permanent
payable.
structure, with the help of latest sophisticated

instruments, viz. total station, one second theodolite,
Electronic Distance Measurements (EDM) etc.
(ii) Performing Plane Table Survey for the entire plot of
0.30%
land, preparing the drawings thereof showing all details

such as existing structures / trees / poles / all over head
lines / layout of utility lines / fire hydrants etc. and
submit the drawings and details to the client.
(iii) The Architect shall show the position of buildings
0.30%
on ground to the Client and user departments before

finalizing the layout. The Architect should verify D.P.
reservations before starting any work.
(iv) The Architect should avoid shifting of High Tension
0.30%
and Low Tension electrical cables, pipe lines, etc. as far

as possible. Architect shall contact competent authorities
and also study the site conditions for obtaining above
details. Correspondence shall be made with various
agencies viz. MSEDC, MJP, PWD, ID, MIDC, ZP,
MGL, BSNL, MTNL, MHADA, CIDCO and municipal
corporations or councils for detecting the various utility
lines, wherever applicable. Submission of detailed site
report with all details.
(v) Preparation & submission of Preliminary master
0.60%
layout plan for the entire land and preliminary individual

building
plans
including
tentative
infrastructural
amenities layout plans for the entire project.

(vi) Getting approval to the master layout plan from the
0.30%
client and other appropriate authority as may be required.
(vii) Architect shall submit the names alongwith detailed
0.30%
credentials and addresses with contact number and email ID of various consultants designated / appointed by
him for this project. viz:
a) Geotechnical consultant(s),
b) Structural designer,
c) Electrical consultant(s),
d) Plumbing and sanitation consultant,
e) Water supply and sewerage consultant,
f) Land scaping consultant,
g) Interior Decorator,
h) Green building expert, wherever applicable,
i) Environmental Consultant for MOEF etc.
(viii) Architect shall arrange discussions and meetings
0.30%
power point presentations at the clients office or site as

may be decided by the client and bring these consultants
for the discussions, meetings & power point presentation
with client as and when required.
(ix) Architect shall give detailed suggestions / advice
0.30%
from time to time to Client in respect of any questions

involving economy and aesthetics during the planning
and execution of the work, as and when required by the
Client.
Note : The consultant shall not be changed without

permission of the client. Any changes shall be intimated
to the client in advance.
3.
(i) Submission to and approval by the Client of detailed
2.00%
4% of
layout plan, building plans etc., along with reports from
the total
professional experts mentioned in stage 2(vii) whenever
fees
required.
payable.
(ii/a) Taking of trial pits for ascertaining safe bearing
1.50%
capacity and depths of foundations will be responsibility

of Architect.
(ii/b) Expenses for taking trial prits, are included in
Architects fees and nothing extra will be paid by the
Client on this account.
(ii/c) Taking of trial bores, if required, with prior
permission of the Client and required laboratory test on
trial bore samples.
(ii/d) Expenses for taking of trial bores, and required
laboratory test on trial bore samples, will be borne by the
Client based on prevailing DSR rates of the year.
(ii/e) Furnishing reports based on trial pit / trial bore on
soil conditions and soil tests by appointing
expert in
soil investigation by obtaining soil details, foundation

strata, safe bearing capacity, type of foundation etc. for
foundation design.
(iii) Obtaining District Schedule of Rates (DSRs) of
0.25%
various departments viz. PWD, MJP, MIDC, MSEDC

etc. of respective region and year.
Obtaining PWD specification books (Red Books) and all

other documents pertaining to the work.
(iv)Architect shall prepare and arrange the power point
0.25%
presentation indicating the scope of work, all the salient

features of the work and drawing etc to the client.
Architect shall submit the photos and video CD/Walk
through in this regard.
4.
(i) Submission to and approval by the client the detailed
7.00%
10% of
working drawings required for execution of individual
the total
buildings and individual internal items of project such as
fees
window Grill pattern and design of gates, door details,
payable
kitchen platform, center line plans, plumbing details,

sanitation details, flooring patterns, toilet block details,
staircase and railing details, internal electrification
details, typical furniture arrangement details etc.
(ii) Submission to and approval by the client to detailed
2.00%

external items of the project such as external
electrification details including load calculation, road
cross section, longitudinal section, Storm Water drains,
sewerage details, water supply details, ESR/GSR
including design calculation report, colour shades of the
buildings.
(iii) Submission to and approval by the client to detailed
1.00%

items viz. landscaping, tapping points of water and
electricity, structural drawing, etc. Architect shall ensure
that all the details necessary for the execution of the
project are submitted to the client.
Note:
All drawings shall be of A2 size.
5.
(i) Submission of designs of Reinforced Cement
15% of
Concrete (R.C.C.) and steel design of buildings and
the total
RCC and hydraulics designs of infrastructure amenities
fees
such as water supply scheme, drainage scheme, electrical
payable.
amenities, CD works, Nalla crossing and training works,

bridge(s), box or pipe culverts, retaining wall etc.
Note :1) Architect shall appoint Structural Consultant having
minimum 10 years experience in design of multi-storied
structures. Structural Consultant shall have professional
registration with local authority such as Municipal
Corporation/Council etc. in respective category.
2) Architect shall get approval to Structural Consulting
firm from the Client before start of work.
3) The structural designer shall sign on each schedule.
Schedule should also give detailed bar bending details.
4) If in house expertise mentioned in para 2(vi) is
available, the separate appointment of consultant is not
necessary.
5) The design shall satisfy all provisions of latest Indian
Standards (I.S.) codes including seismic/wind loads and
other loads as may be applicable.
6) Structural Consultant shall design structures based on
STADD PRO Software of latest edition and submit all
computer Input / outputs file (soft & hard copy) duly
signed to client.
A) Architect shall obtain / get approval to location of
2.50%
column, section of column, beam and slab etc. from

client before start of designing of structure
B) Submission of Input data file soft and hard copy
5.00%
duly signed with detail such as joint coordinate, design

data of concrete, steel, wall load, slab load, earthquake &
wind load, design load combination etc.
C) Submission of output data file soft / hard copy duly
5.00%
signed by Architect & Structural Consultant in respect

Design of foundation column, beam, slab, deflection of
structures or any heavy span of member etc.
D) Submission of structural drawing duly signed by
2.50%
Architect & structural design engineer.

6.
(i) Submission of perspective view(s).
1.00%
(ii) Obtaining approval from competent statutory
1.50%
permission(s),
building
the total
fees
authorities, viz. Non Agricultural (NA) permission, tree

cutting
7% of
payable.
permission(s).
Commencement certificate, MOEF / CRZ / Civil

Aviation clearance, etc., wherever required.
Note:
a) Statutory fees in all these respects will be paid by the
client.
b) Consultancy fees in respect of CRZ/MOEF etc. will
be paid on approval by client.
(iii) Detailed estimates shall be prepared in the standard
2.50%
manner and format of PWD, Maharashtra State, based on

DSR. Regarding non-DSR item, rate analysis shall be
prepared and got approved from client.
All the measurements, rate analysis and abstract sheets,

lead chart duly certified by PWD shall be submitted in
bound booklet form with hard and transparent cover. The
name of the project and the year of the DSR shall clearly
appear on the front page.
(iv) All drawings and estimates shall be duly signed with
0.50 %
name and date and stamped by the Architect and the

respective consultant.
Note:
All calculations shall be done in MS Excel format. Soft
and hard copy of the estimate shall be produced in
triplicate.
(v) Architect shall submit actual details of reinforcing
1.00%
steel, diameter wise, based on and according to structural

drawing including measurements and consumption on
the basis of bar bending schedules in a bound booklet
form.
(vi) Architect shall also submit the actual item wise and
0.50%
work wise cement consumption based on estimate in a

bound booklet form.
(i) Submission of five sets of draft tender papers set and
8.00%
10% of
five sets of detailed working drawings alongwith
the total
required documents sufficient for the publication of
fees
notice inviting tenders and finalization of tender, along
payable
with soft copy of the same to the Client. Architect shall

also submit additional 20 (twenty) sets of tender
documents and above drawings at the pre approved cost
which will be paid by the client if necessary.
(ii) Architect shall remain present and give power point
1.50%
presentation illustrating the scope of work, all salient

features of the project including planning, designing and
estimates with perspective views of all buildings and
infrastructure for the pre bid meeting.
Keeping the interest of the client, Architect shall assist
the Client in negotiating with the bidder and advise client
over acceptability and reasonability of the bidders offer.
Architect shall make independent market enquiry for the
rates of materials for updating the estimated cost of the
work, if required.
(iii) Architect shall prepare minutes of the pre-bid
0.50%
meeting & submit to client duly signed on each page.

Total 1 to 8 (A) =
51.00%
(B) POST TENDER ACTIVITIES
Stage
No.
Description of the work.
Fees
payable
for the
sub stages
of work.
Total
fees
payable
for the
stage.
8.
(i) Obtaining requisite certificates, viz., plinth checking
1.00%
25% of
certificate and other details and certificates as may be
the total
required from local statutory authorities.
fee
payable
Submission of additional details for execution as and

when required.
(ii) Architect shall have to visit the site of work, office
1.00%
of the Client, office of the Project Management

Consultants, office of the unit Commander, the various
other offices of the Statutory bodies as and when
required for which no traveling or daily allowances or
other expenses are payable.
Note:
Fees prescribed for this stage will be paid after
completion of the project.
(iii) Architect shall ensure the visit of Structural
Consultant to the site who should personally inspect and
certify in writing the suitability of foundation strata,
reinforcement checking of columns, beams and floor
slabs and other important structures such as Under
Ground Water Tank, Elevated Storage Reservoir, Heavy
loaded/Longer span of Beam/Slab, Over head water tank,
etc.
Structural Consultant shall visit the project site as and
when necessary. Architect shall notify such visit to the
client through report duly certified by the P.M.C.
A)
Certifying
foundation
strata,
submission
of
3.00%
B) Completion of all R.C.C. work, checking of steel
3.00%
certificate, completion of foundation work.
placement, Certifying R.C.C. work etc.

C) Submission of as built R.C.C. drawing and stability
4.00%
certificate.
(iv) Architect shall pay at least fortnightly visits to the
6.00%
project and check the specifications adopted and advise

contractor over the quality of the R.C.C. work & other
works.
Note:
If it is observed that Architect has not visited the work

every fort night(s) period or incomplete fortnight report,
an amount of Rs.5000/ (Rupees five thousand only) will
be deducted per fortnight visit or report from the fee
payable to Architect.
(v) Architect shall approve various samples according to
1.00%
the contract agreement with the contractor during the

course of execution and certify the RA Bills of the
contractor by referring the chapter of list of approve
materials mentioned in tender document.
The certificate shall clearly mention whether the entire
work has been carried out as per the tender drawings and
specifications mentioned in tender.
(vi) All other consultants shall also visit the project

during the period while the particular activity is going
on. Visits of the consultants along with their name, date
of report shall be notified to the client by the Architect
through P.M.C.
A) Report of Electrical Consultant about material,
3.00%
material quality, specification, design load, test report,

etc, & submission of completion certificate.
3.00%
B) Report of water supply and drainage consultant about
material, material quality, specification, test report,
design calculation etc,. & submission of completion
certificate.
(i) On completion of work and obtaining the completion
7.00%
8% of
certificate from competent authority, ensuring drainage
the total
connection, water connection, electrical connection and
fees
finally completion and Occupation Certificate and other
payable.
approvals from all statutory bodies.

Note:
The actual charges, deposits and all other dues, etc.
towards obtaining the various connections will be paid
by the contractor or the client as the case may be.
(ii) Preparation of inventory before handing over of the
0.50%
project. Joint checking of the work along with the PMC,

contractor and the user Deptt. Preparation of handing
over note to the user Deptt.
(iii) Actual handing over of the project to the user Deptt,
0.50%
and taking the same on the Printed Register of Buildings

(PRB) of the PWD.
10
11
Preparation and submission of the As Built Drawings
4.00%
4% of
in five sets to the client along with the multiangle
the total
coloured photographs of A4 size and colour VDO CD in
fees
five sets.
payable
(i) Paying regular quarterly visits to the project during
8.00%
10 % of
the Defect Liability Period (DLP) of 5 (five) years from
the total
the date of handing over of the project to the user
fee.
department and advising the client and contractor over

the defects arisen during the DLP.
(ii) Keeping close liaison with the user department for
2.00%
remedial measures of the defects noticed during the

Defect Liability Period and compliance of any further
specific requirements of the Client, as may be required,
during defect liability period. The quarterly report of the
visits to the project during the DLP period shall be
submitted to client duly certified and authenticated by
user agency.
12
Architect shall ensure that there are no dampness or
2.00%
2.00% of
leakages or any damages of any sort to the items of the
the total
water proofing for which the guarantee period is of 7
fee
(seven) years.
payable.
Note:
The fees will be paid after expiry of the period of 7
(seven) years upon receipt of Architect certificate and
jointly signed with User Department.
Total 8 to 12 (B)
49.00%
Total 1 to 12 (A) + (B) =
100.00%
Note :i) Architect shall submit his bill along with full description in remark column about service
provided and pending services.
ii) Architect shall not claim payment against pending services or incomplete stages of
work.
iii) All payments paid to Architect are advance payments in the form of running account
bills & it can adjusted at any stage as well as during finalization of final bill.
iv) The client reserves the right to carry out the services independently from the Structural
Consultant if desired & payment will be made to structural consultant.
v) Architect shall submit contract agreement executed with other consultant such as R.C.C.
consultant, Electrical consultant, Water Supply & Drainage consultant for verification of
terms and conditions and for record purpose.
2.4
EFFECTING PAYMENMT TO THE ARCHITECT:

(a) No deductions will be made from the fees of the Architect on account of penalty,
liquidated damages, part rates or other sums withheld from payment or
recovering from the Contractor.
(b) In case only a part of the project is continued beyond any stage, no further
payment shall be made to the Architect for the part not executed.
Further
payments shall be released proportionate to the part continued beyond the above
stage.
(c) The cost of references to be made by the Architect to his in house professional
experts or outside professional experts are included in Architects fees and
nothing extra will be paid by the Client on this account.
2.5
ARCHITECTS RESPONSIBILITIES/OBLIGATIONS:
(a) The Architect shall, in providing the services exercise exceptional skill and care
in conformity with the normal standards of the Architects profession as
mentioned in para 2.3.
(b) The Architect shall act on behalf of the Client in the matters set out or necessarily
implied in the appointment. The Architect shall at those points and/or dates
referred in the timetable obtain the authority of the Client before proceeding with
the services.
(c) The Architect shall make no material alteration to, or additions to or omission
from the services without the knowledge and consent of the Client except in case
of emergency when the Architect shall inform the Client without delay.
(d) The Architect shall inform the Client upon its becoming apparent that there is any
incompatibility between any of the Clients requirements the budget and the
timetable or any need to vary any part of them.
(e) The Architect shall inform the Client on its becoming apparent that the services
and/or the fees and/or any other part of the appointment and/or any information or
approval needs to be varied.
(f) The Architect shall not assign the whole or any part of the benefit or in any way
transfer the obligation of the appointment to any other agency without the consent
in writing of the Client.
(g) The Architect shall not sub-contract any of the services without the consent in
writing of the Client.
(h) If any deviation or deficiency in the work done by the contractor is noticed
during this inspection and visits he shall ensure that all such defects or faults or
lacunas are rectified to the full extent and work is made good as per the tendered
specifications and quality. Architect shall comply and report the action being
taken by him in this regard. Architect shall ensure that no payment of such work
is made to the contractor till entire rectification to the fullest extent.
(i) Architect shall have to give N.O.C. in case of withdrawal of services or under
termination of services of this agreement.
2.6
CLIENTS RESPONSIBILITIES/ OBLIGATIONS:

(a) Providing requirements of the Project such as type wise number of tenements
required details of work e.g. number of buildings and other details.
(b) Providing broad outline, detailed specifications, the layout and building plans as
early as possible.
(c) Paying the fees of the Architect on time.

(d) Advising condition to the Architect of the relative priorities of the Clients
requirement, the budget, and the time table and inform the Architect of any
variations to any of them.
(e) The Client shall give such decisions and approvals as are necessary for the
performance of the services and at such times as to enable the Architect to
comply with the time table.
3.0
PROJECT CO-ORDINATION COMMITTEE.

3.1 A Project Co-ordination Committee shall be as follows:Managing Director, M.S.PH.& W.C.Ltd,
- Chairman
General Manager, , M.S.PH.& W.C.Ltd,
- Dy. Chairman
Superintending/Chief Engineer, M.S.PH.& W.C.Ltd, - Member

Chief Accounts Officer, M.S.PH.& W.C.Ltd,
- Member
Representative of user Deptt.
- Special invitee
Executive Engineer, M.S.PH.& W.C.Ltd,
- Convener
Architect and Project Management Consultant
- Presenting Officers
3.2 The Project Co-ordination Committee shall discuss the drawings and documents
submitted by the Architect and give decisions thereon as early as possible to
avoid unreasonable delay in the progress of the Architects work.
The Committee shall also decide the payment of claims/actual cost to Architect
for additional services rendered if any.
3.3 The Managing Director may co-opt more members and also change the
composition of the Project C0-ordination Committee as and when required.
4.0
RESPONSIBILITIES ON EXTRA ITEM RATE LISTS ( EIRLs )

4.1 All conditions as mentioned in the payment schedule shall be applicable for EIRL
also.
4.2 Architect shall prepare drawings, layouts, structural designs etc for the new and
additional i.e. extra items cropping up during the course of execution of the main
work.
4.3 If it is noticed that the extra items are cropping up due to the defective planning,
designing or due to wrong orders of the Architect, no fees will be paid over the
cost of such extra items. And amount equal to 100 % of the cost of extra items
will be recovered from the fees of the Architect if extra items are required to be
executed due to the faults of the Architect.
4.4 However, if the extra or additional items crop up due to demand of the user
department or due to suggestions from the client, no amount will be deducted
from the fees of the Architect.
5.0
RESPONSIBILITY DURING THE EXTENDED PERIOD OF THE

EXECUTION:
5.1 No payment will be made to the Architect during the period of termination and
reappointment of the main contractor.
6.0
ARCHITECTS RESPONSIBILITIES IN CASE OF TERMINATION OF

MAIN CONTRACTOR
6.1 In case of termination of contract between the client and the main contractor,
Architect shall prepare detailed estimate based on the current DSR and draft
tender papers of balance work based on the joint measurements taken by the
Project Management Consultant of the project.
6.2 Architect will be paid for stages of work as may be applicable based on new
balance estimated cost of work or tendered cost whichever is less. Conditions as
mentioned in para 2.3 will be applicable mutatis mutandis to the balance work to
be done by the Architect.
7.0
DISQUALIFICATION
FOR
FURTHER
ASSIGNMENTS
TO
THE
ARCHITECT AND WITHDRAWL OF WORK / ASSIGNMENT:-
If the Architect fails to act in conformity with the practices and ethics of the
profession and/or his work / services are not found satisfactory, he will not be
eligible to assignment of any further works of the Client thereafter, and services
for such work of remaining stage shall be liable to be withdrawn from him with
15 (fifteen) days notice.
8.0
GENERAL CONDITIONS OF THE AGREEMENT:-
8.1 All the stages of work shall be completed by the Architect and the necessary
approval shall be given by the Client according to the time schedule mutually
agreed upon. The works throughout he stipulated period of contract will be
carried out with due diligence.
8.2 In the event of the failure on the part of the Architect to complete their work in
time or the Architect committing a breach of any one or more of the terms and
conditions of the agreement, the Client shall be entitled to rescind this Agreement
without prejudice to its rights to claim damages or remedies under the law. The
period of notice to be given to rescind the contract will be 15 days from the date
of issue of letter by client.
If the contract is terminated by client then the
Architect shall be bound to give N.O.C, if required.

8.3 Architect shall advise on the time and progress chart prepared by the
contractors and/or Project Management Consultant for the completion of the
work, if required.
8.4 The Architect shall assume full responsibility for the professional requirements
and correctness of the designs and specification for all the items of work
described in the scope of work. The Client will have full access to the details of
the calculations and the structural designs for purpose of scrutiny.
8.5 The Architect shall advise officers of the Client regarding the work under
execution during their visits to the site and submit reports on their observations.
Architect shall be invariably remain present at site of work during such inspection
of client or his representative.
8.6 The Architect shall make necessary revisions as may be required by the Client in
the drawings and other documents submitted by them free of cost.
8.7 No changes shall be made in the approved drawings and specifications at site by
the Architect without the prior consent of the Client.
8.8 The Client shall have the liberty to potstone or not to execute any work and the
Architect shall not be entitled to any compensation or damage for such
postponement or non- execution of the work except the fees which are payable to
the Architect up to stage of services then completed.
8.9 The executive control of the work, as far as this agreement is concerned, shall be
with the client or any other officer so designated by the client.
8.10 The Architect shall ensure that the contractor is furnished with drawings and
plan/plan(s) at the time/time(s) appointed and specified in the contract to be made
between the Client and the contractor. If the Architect fails or neglects or omits
to furnish drawings or plans to the contractor accordingly the Architect shall pay
to the Client compensation for any loss or damage arising from such neglect,
failure or omission, particularly to meet with the claim or demand if any,
presented by the contractor against the Client for loss or damage suffered in
consequence of the delayed supply of drawings to the contractor.
8.11 It is hereby agreed and declared that the contract herein is intended to be job
oriented and not time oriented and the Architect shall not be entitled to claim
any compensation in the event of the time estimated for the completion of the job
being extended other than the extensions given to the contractor for completion of
the work or enlarged for any reason whatsoever.
8.12 Copyright of all documents and drawings prepared by the Architect and for in any
work executed from those documents and drawings of the Project shall remain
the property of the Client.
8.13 The company of Architect is a partnership firm or Private / Public Limited,
Proprietary company, no change in the constitution of such partnership or no
change in the constitution of Board of Directors of the company shall be made
without the express written consent of the Client during the currency of the
contract with the Client.
9.0
TERMINATION:
9.1 In the event of the Client not satisfied with the work done by the Architect, the
Client shall give 15 (fifteen) days notice in writing to rectify the defects and or
complete the work. If the Client is not satisfied with reply of aforesaid notice, the
Client can terminate this Agreement and the Architect shall be liable to pay
damages which shall be calculated by the client or professional expert of the
client.
9.2 In the event of the Architect through death or incapacity is unable to provide the
services the appointment shall thereby be terminated.
9.3 In the event of the Architects firm closing its business, the appointment shall be
thereby terminated and the Client shall have the power to employ any other
agency to complete the work irrespective of settling of dues of the Architect by
the Project Co-ordination Committee.
9.4 The termination of the appointment of the Architect shall be without prejudice to
the accrued rights and remedies of the client.
9.5 Architects who are not registered with the Council of Architecture or who fail to
renew his / her / their registration for the current calendar year shall terminated on
the happening of such event.
9.6 In the event of failure to comply with or abide by the general conditions of this
agreement.
9.7 In the event of liquidated damages / penalty imposed on Architect equal or

exceeding 10 % of the total fees payable. (vide clause 10).
10.0
RECOVERY OF COMPENSATION AND PENALTY IMPOSED :
10.1 Architect will be subjected to recovery of compensation in the form of liquidated

damages and penalty imposed in the following events:
(i) In the event of failure to comply with the instructions of the client;
(ii) If the faults in planning, designing and execution are noticed by client at any
time;
(iii) If there is over payment to the contractor due to wrong certification of the bills;
(iv) If the perfunctory approach towards the work is noticed by client at any stage.
10.2 The amount of the liquidated damages and/or penalty to be imposed will be
decided by the client depending upon the situation.
10.3 The amount of compensation may be equivalent to the loss suffered by the client.
The penalty imposed may be to the extent of fees payable.
11.0
INDEMNITY BOND:
(a) The Architect shall exercise the best of his professional capacity and care,
expertise and experience in the performance of this contract agreement and shall
be liable for
compensation to the Client for any damage or loss arising from
want of such care and capacity or expertise and experience or neglect of

professional duty.
(b) The Architect shall indemnify and keep indemnified the Client against any
damage or loss to be suffered by the Client in consequence of such neglect or
incompetence of the Architect in the performances of his duties or functions
under this agreement. The Architect shall deposit Indemnity @ 10% of the total
fees payable to them.
(c) The indemnity shall be enforceable in Mumbai.
The Architect shall deposit 1% of the total fees payable to them in form of Bank
Guarantee or FDR at the time of entering into an agreement
Rest of the 9% of the Fees payable will be recovered from their bills in the
following ways,
1. 4% of the total fees payable shall be deducted from the first bill of the
Architect.
2. The remaining 5% will be deducted in subsequent five bills in equal
installments, i.e. 1% each of the total fees to be paid.
(d) The bank guarantee submitted as above by Architect shall remain valid and in
force during the period starting from the date of appointment upto expiry of
Defect Liability Period (DLP) of the Project.
During defects liability period, if it is found that certain risk or damage or loss
has occurred due to the defective execution of the work, delay in execution of
assignment, non compliance of the instructions pertaining to the project work,
negligence in supervision, over payment to the contractor due to wrong
certification of bills or errors in recommending payments etc. the Client will be
entitled to recover the amount of such loss from the Architect by encashing the
bank guarantee or fixed deposit receipt submitted by him as above.
The bank guarantee shall be submitted to the client or 10.00% of the cash of the
total fees payable shall be deposited with the client within 15 (Fifteen) days from
the date of appointment order of the Architect.
12.0
DISPUTE RESOLUTION MECHANISM:

Any difference and dispute arising between the Client and the Architect on any
matter connected with this agreement including its interpretation will be deemed
to have arisen on work site and will be settled by the Client. If the Architect is not
satisfied with the decision of Client such difference or dispute will be settled by
the expert mutually appointed by the client and Architect. Nothing contained
herein shall be construed as an agreement of arbitration.
13.0
GOVERNING LAW:
(a) The application of the appointment shall be governed by the law of India.
(b) The conditions / headings are for the convenience of the parties to this Agreement
only and do not affect its interpretation.
(c) All disputes shall subject to Mumbai jurisdiction.
SCHEDULE ABOVE REFERRED TO

IN WITNESS WHEREOF the parties hereto have hereunto set their respective
hands and seal the day and year first hereinabove written.
Signed, Sealed and Delivered by the
with named Client, The Maharashtra State
Police Housing & Welfare Corporation Ltd. )

in the presence of:
Signed, Sealed and Delivered by the
with named Architect
____________________
in the presence of:

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M.S.P.H. & W.C. Ltd.

& Welfare Corporation Ltd., Mumbai, a

Government of Maharashtra Undertaking, (MSPH&WC Ltd.) having its Registered Office

____________, hereinafter referred to as the Architect (which expression shall unless it

DEFINITIONS AND ABBREVIATIONS:

Architects signature with Stamp

Agreement with Architect / Page 1 of 28

Clients signature with Stamp

M.S.P.H. & W.C. Ltd.

Block Estimate: The cost of work based on approximate estimate.

Project: As specified in the Agreement.

Services: The services to be provided by the Architect as specified in the

Site Staff: Staff appointed by the Client to inspect the works.

Specialist / Expert / Other Consultant : A person or firm, other than the

Works: The works to be carried out by the Construction contractor as described

Fees: Amount paid to Architect for the services rendered to client.

BIS: Bureau of Indian Standard.

BSNL: Bharat Sanchar Nigam Limited.

Architects signature with Stamp

Agreement with Architect / Page 2 of 28

Clients signature with Stamp

M.S.P.H. & W.C. Ltd.

BUA : Built Up Area of construction.

CIDCO: City and Industrial Development Corporation.

CRZ: Coastal Regulation Zone.

DILR: District Inspector of Land Record.

EIRL: Extra Item Rate List.

ESR / GSR : Elevated Storage Reservoir / Ground Storage Reservoir

ID: Irrigation Department, Government of Maharashtra State.

IRC : Indian Road Congress.

MGL : Mahanagar Gas Limited.

MHADA : Maharashtra Housing And Development Authority.

MIDC : Maharashtra Industrial Development Corporation.

MJP : Maharashtra Jeevan Pradhikaran, Government of Maharashtra State.

MORTH : Ministry of Road Transport & Highways.

MSEDC : Maharashtra State Electricity Distribution Company Ltd.

MTNL : Mahanagar Telephone Nigam Limited.

NBC : National Building Code.

OH LINES : Over Head Lines.

PMC : Project Management Consultant.

PWD : Public Works Department, Government of Maharashtra State.

RA Bill : Running Account Bill.

SEZ : Special Economic Zone.

TILR : Taluka Inspector of Land Record.

Architects signature with Stamp

Agreement with Architect / Page 3 of 28

Clients signature with Stamp

M.S.P.H. & W.C. Ltd.

FEES PAYABLE TO THE ARCHITECT FOR THE SERVICES

Architects signature with Stamp

Agreement with Architect / Page 4 of 28

Clients signature with Stamp

M.S.P.H. & W.C. Ltd.

For Non repetitive work

For repetitive work

The estimated cost of the work is approximately Rs. ---------------------------------(Rupees -------------------------------------------------------------------------------------).

Architects signature with Stamp

Agreement with Architect / Page 5 of 28

Clients signature with Stamp

M.S.P.H. & W.C. Ltd.

(ii) Obtaining and submission of land details from local

(iii) Submission of a site plan to a suitable scale

(iv) Fixing boundary stones or poles as per the

Architects signature with Stamp