Professional Documents
Culture Documents
ARCHITECT AGREEMENT
This Agreement is made at Mumbai this _________ day of ___________ 2014 between
Maharashtra State Police Housing
Registered
Office
at
_________________________________,
1.1
Appointment: The Agreement between the Client and the Architect for the
project as set out in Standard Form of Agreement documents.
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
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
1.9
1.10
Site: As specified in the Agreement the place where those works are to be carried
out.
1.11
1.12
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
1.15
1.16
1.17
1.18
1.19
1.20
1.21
1.22
DP : Development Plan
1.23
DSR: District Schedule of Rates for the particular year and area / region.
1.24
1.25
1.26
1.27
1.28
1.29
1.30
1.31
1.32
MOEF : Ministry of Environment and Forest (both state & Central Govt.).
1.33
1.34
1.35
1.36
1.37
1.38
1.39
1.40
1.41
1.42
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
(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
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)
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.
0.40%
0.40%
0.40%
0.40%
0.30%
3% of
the total
fees
payable.
0.30%
0.30%
0.30%
0.60%
plans
including
tentative
infrastructural
0.30%
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%
0.30%
2.00%
4% of
the total
fees
required.
payable.
1.50%
expert in
0.25%
0.25%
4.
7.00%
10% of
the total
fees
payable
2.00%
1.00%
Note:
All drawings shall be of A2 size.
5.
15% of
the total
fees
payable.
2.50%
5.00%
5.00%
2.50%
1.00%
1.50%
permission(s),
building
the total
fees
7% of
payable.
permission(s).
2.50%
0.50 %
1.00%
0.50%
8.00%
10% of
the total
fees
payable
1.50%
0.50%
51.00%
Stage
No.
Fees
payable
for the
sub stages
of work.
Total
fees
payable
for the
stage.
8.
1.00%
25% of
the total
fee
payable
1.00%
Certifying
foundation
strata,
submission
of
3.00%
3.00%
4.00%
certificate.
(iv) Architect shall pay at least fortnightly visits to the
6.00%
Note:
1.00%
3.00%
7.00%
8% of
the total
fees
payable.
0.50%
0.50%
10
11
4.00%
4% of
the total
fees
five sets.
payable
8.00%
10 % of
the total
fee.
2.00%
2.00%
2.00% of
the total
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%
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
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
(b) Providing broad outline, detailed specifications, the layout and building plans as
early as possible.
(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
- Chairman
- Dy. Chairman
- Member
- Special invitee
- Convener
- 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
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
5.1 No payment will be made to the Architect during the period of termination and
reappointment of the main contractor.
6.0
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
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
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.
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.
(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
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
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.
____________________