1. SCOPE OF WORK :
The Architect is required to provide services for Urban Design /Urban Renewal Scheme in respect of the following :
Part I - URBAN DESIGN/ URBAN RENEWAL
1.1 Taking Client's instructions and preparation of design brief.
1.2 Site evaluation, analysis of architectural character, social issues and heritage.
1.3 Feasibility study.
1.4 Preliminary proposal for development/ re-development and their impact on immediate environs.
1.5 Volumetric study and Urban form recommendations including pedestrian / vehicular movement and parking.
1.6 Architectural controls/ guidelines.
1.7 Conceptual design of :
i. Site development, services and their interconnectivity.
ii. Landscape Architecture.
iii. Architectural Conservation.
iv. Graphic Design and Signage.
Part II _ SITE DEVELOPMENT
1.8 Comprehensive Architectural Services beyond Part I with regard to external Engineering Services and related buildings / structures; Roads, pathways, culverts & bridges; boundary walls, gates.
PART III _ LANDSCAPE ARCHITECTURE
1.9 Landscape Architectural Services beyond Part I with regard to public spaces.
2. SCHEDULE OF SERVICES :
The Architect shall, after taking instructions from the Client, render the following services:
PROGRAMMING AND SITE EVALUATION [STAGE 1] :
2.01 Ascertain Client's requirements, examine site constraints & potential ; and prepare a design brief for Client's approval.
2.02 Study of existing land use in and around the project area.
2.03 Study of contextual issues, socio-cultural aspects, landscape features and built form etc.
2.04 Study of existing infrastructure, accessibility, circulation pattern and parking.
2.05 Prepare report on site evaluation, state of existing buildings, if any ; and analysis with basic approach to circulation, activity distribution, interconnectivity and external linkages including rough estimate of project cost based on allowable FAR/ re-development objectives.
2.06 Assessment of impact of development/ re-development plan on the project area and its immediate environs.
2.07 Furnish report on measures required to be taken to mitigate the adverse impact, if any, of the existing and/ or proposed development /
re-development on its immediate environs.
CONCEPT DESIGN [STAGE 2] :
2.08 Preparation of concept design of the area showing circulation pattern, zoning of various land uses and relevant details, development/re-development strategy.
2.09 Assessment of utility services and their interconnectivity.
2.10 Furnish revised rough estimate of project cost based on FAR used in concept design/re-development objectives.
2.11 Preparation of three dimensional form in relation to open spaces, model showing the proposal and surrounding areas.
2.12 Submission of model and Conceptual design to the Client/ statutory authorities for approval & ensure compliance with codes, standards and legislation, as applicable and carry out necessary changes as may be required.
DETAILED DESIGN [STAGE 3] :
2.13 Preparation of drawings showing the common facilities for circulation, parking, open spaces and external Architectural form.
2.14 Preparation of drawings showing Architectural controls/ guidelines, features and specifications.
2.15 Preparation of drawings showing schematic network of services.
2.16 Preparation of drawings showing landscape, street furniture and graphic signage.
2.17 Furnish modified project cost.
2.18 Furnish urban design report including implementation strategy.
2.19 Prepare detail designs of various external elements and components.
2.20 Presentation of the urban design study to the statutory authorities for approval and ensure compliance with codes, standards and legislation, as applicable and carry out necessary changes as may be required.
IMPLEMENTATION [STAGE 4] :
2.21 Provide Comprehensive Architectural Services with regard to Site Development works, if assigned.
2.22 Provide Landscape Architectural Services with regard to public spaces, if assigned.
2.23 Review and certification of detailed Architectural design of each of the constituent components for construction or development within the area under urban design/ urban renewal before approval by statutory authorities.
2.24 The above scope of work will not include any architectural details which are not relevant to external envelope.
3. PROFESSIONAL FEE :
3.1 In consideration of the professional services rendered by the Architect, he shall be paid professional fee and other charges in accordance with the Scale of Charges for Urban Design/ Urban Renewal, Site Development and Landscape Architecture, as assigned.
3.2 Any tax levied by law, such as Service tax, etc., contingent to Professional Services rendered by the Architect, shall be payable by the Client, over and above the gross fees charged by the Architect in relation to the services provided.
4. SCHEDULE OF PAYMENT :
4.1 Urban Design/ Urban Renewal
The Architect shall be paid professional fee in the following stages consistent with the work done plus other charges and reimbursable expenses as agreed upon:
Rs. 20M* or 5% of the total fees payable, whichever is
10% of the total fees payable
25% of the total fees payable less payment already made
55% of the total fees payable less payment already made
100% of the fees payable less payment already made at
* Refer explanatory note 3 under Scale of charges.
4.2 Site Development
The stages of payment for Site Development works beyond Part I shall be same as for Comprehensive Architectural Services.
4.3 Landscape Architecture
The stages of payment for Landscape Architectural Services beyond Part I shall be same as for Landscape Architecture.
5. EFFECTING PAYMENT TO THE ARCHITECT :
5.1 The payment due to the Architect for Urban Design/ Urban Renewal works, at different stages, shall be computed in accordance with Scale of Charges.
5.2 The payment due to the Architect for Site Development and Landscape Architecture works, at different stages, shall be computed in accordance with the respective services.
5.3 Progressive, on account, payments shall be made by the Client to the Architect against any of the stages based on the quantum of work done during that stage as may be mutually agreed to between the Client and the Architect.
6. DOCUMENTATION AND COMMUNICATION CHARGES :
Apart from the professional fee, the Client shall pay to the Architect Documentation and Communication charges, @ 10% of the professional fee payable to the Architect at all stages.
7. REIMBURSABLE EXPENSES :
In addition to the amounts reimbursable against site visits by the Architect/ Consultant, the Client will reimburse the Architect the following expenses incurred by him for discharge of his obligations:
7.01 Actual cost of travel (to & fro), boarding & lodging and local transport for any visit made by his staff to the site or such other place as may be necessary in connection with the execution of work and in connection with the performance of duties referred to in this agreement.
7.02 Cost of presentation models, computer simulation, presentation drawings, etc., prepared at the instance of the Client for purposes other than the Design and execution of the project.
8. CLIENT'S ROLE AND RESPONSIBILITIES :
The Client shall discharge all his obligations connected with the project and engagement of the Architect, as follows:
8.01 To provide detailed requirements of the project.
8.02 To provide property lease/ ownership documents.
8.03 To provide a site plan, to a suitable scale, showing boundaries, contours at suitable intervals, existing physical features including any existing roads, paths, trees, existing structures, existing service and utility lines and such lines to which the proposed service can be connected. In case such information is not readily available, the Client shall arrange for the survey/ collection of necessary information and pay for the same.
8.04 To furnish reports on soil conditions and test as required by the Architect or pay for the preparation of the same.
8.05 To furnish specific conditions/ statutory stipulations/ codes of practice/schedule of rates, etc., desired to be followed.
8.06 To pay all the fees, levies, security deposits and expenses required in respect of statutory sanction.
8.07 To give effect to the professional advice of the Architect and cause no changes in the drawings and documents without the consent of the Architect.
8.08 To honour Architect's bills within one month of its submission.
8.09 To appoint a Construction Manager (Clerk of Works/ Site Supervisor or Construction Management Agency in case of a large and complex project) as per the Architect's advice.
9. EXECUTION OF THE ASSIGNMENT :
9.01 The Architect shall keep the Client informed about the progress of work in his office.
9.02 The Architect shall appoint specialised consultants in consultation with the Client, if necessary.
9.03 The Architect shall be responsible for the direction and integration of the consultants work. The consultants, however, shall be fully responsible for the calculations, the detailed design and periodic inspection and evaluation of the work entrusted to them. The Architect shall, if requested, make available the design calculations.
9.04 The Architect will advise the Client on the broad Time Schedule for implementation of the project.
9.05 The Architect shall supply to the Client, free of cost, upto six sets of drawings at different stages.
9.06 The Architect shall not make any deviations, alterations or omissions from the approved drawings, involving financial implications without prior consent of Client.
9.07 Any professional services to be rendered by the Architect at the instance of the Client after the agreed project completion period shall be compensated for on mutually agreed terms.
9.08 The Architect shall exercise all reasonable skill, care and diligence in the discharge of his duties and shall exercise such general superintendence and inspection as may be necessary to ensure that works are being executed in accordance with the Conditions of Contract.
9.09 Any revision in the drawings, tenders and documents, once approved, required to be made by the Client shall be compensated as additional services rendered by the Architect and paid for @ 50% of the fee prescribed for the relevant stage(s).
9.10 No change shall be made in the approved drawings and specifications at site without the consent of the Architect.
9.11 Any curtailment of the professional services, beyond Stage 2b, shall make it obligatory for the Client to pay at least 20% of the fee for the remaining stage(s) of the curtailed work/ services.
10. TIME SCHEDULE :
The Architect shall, in consultation with the Client, prepare a Time Schedule in respect of various services to be rendered and discharge of client's obligations.
11. INDEMNIFICATION :
In the event that a claim or suit is brought against the Architect or the Consultants by any third party for damages arising from personal injury or property damage caused wholly by the Client, or anyone employed by the Client, or anyone for whose acts the Client may be held responsible, then the Client shall indemnify the Architect and fully reimburse any loss, damage or expenses, including the attorney's fees, which the Architect may incur in connection therewith.
12. OWNERSHIP OF COPYRIGHT :
Architectural design is an intellectual property of the Architect. The drawings, specifications, documents and models as instruments of service are the property of the Architect whether the project, for which they are made, is executed or not. The Client shall retain copies of the Architect's models, drawings, specifications and other documents for his information and use in connection with the project. These shall not be used for any other project by the Client or the Architect or any other person, except for the repetition as stipulated in the Scale of Charges.
13. TERMINATION OF AGREEMENT :
13.1 Agreement between the Architect and the Client may be terminated by either one giving the other a written notice of not less than 30 (thirty) days, should either fail substantially to perform his part of responsibilities/ duties, so long as the failure is not caused by the one initiating the termination.
13.2 When termination of this Agreement is not related or attributable, directly or indirectly to any act, omission, neglect or default on the
part of the Architect, the Architect shall be entitled to professional fees as stipulated under Clause 4 and sub-clauses 9.09 and 9.11 of
13.3 In the event of Architect's firm closing its business or the Client having terminated the agreement, the Client shall have the right to employ another Architect to complete the work, after making payment to the previous architect's firm.
14. INTERPRETATION :
In case of any ambiguity or difficulty in the interpretation of the Conditions of Engagement and Scale of Charges, the interpretation of the Council of Architecture shall be final and binding on the Architect and the Client.
15. ARBITRATION :
All disputes or differences which may arise between the Client and the Architect under "Conditions of Engagement and Scale of Charges" with regard to the meaning or interpretation or matter or things done or to be done in pursuance hereof, such disputes and differences shall be referred for arbitration to the Council of Architecture. The arbitrator shall be appointed by the President, Council of Architecture. The arbitration shall be conducted as per the provisions of the Arbitration and Conciliation Act, 1996. The decision and award of the arbitrator shall be final and binding on the Architect and the Client.