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Designed, Developed & Services
Hosted by NIC/NICSI,
Council of Architecture.

Last Updated On: 13/10/2015

1. SCOPE OF WORK

The Architect is required to provide services in respect of the following :

Part I - ARCHITECTURE :

1. 1 Taking Client's instructions and preparation of design brief.

2. 2 Site evaluation, analysis and impact of existing and / or proposed

development on its immediate environs.

3. 3 Design and site development.

4. 4 Structural design.

5. 5 Sanitary, plumbing, drainage, water supply and sewerage design.

6. 6 Electrical, electronic, communication systems and design.

7. 7 Heating, ventilation and air conditioning design (HVAC) and other

mechanical systems.

8. 8 Elevators, escalators, etc.

9. 9 Fire detection, Fire protection and Security systems etc.

10. 10 Periodic inspection and evaluation of Construction works.

Part II _ ALLIED FIELDS :

1. 11 Landscape Architecture

2. 12 Interior Architecture

3. 13 Architectural Conservation

4. 14 Retrofitting of Buildings

5. 15 Graphic Design and Signage

2. SCHEDULE OF SERVICES :
The Architect shall, after taking instructions from the Client, render the
following services:

CONCEPT DESIGN [STAGE 1] :

2.01 Ascertain Client's requirements, examine site constraints & potential ;

and prepare a design brief for Client's approval.

2.02 Prepare report on site evaluation, state of existing buildings, if any ;

and analysis and impact of existing and/ or proposed development on its
immediate environs.

2.03 Prepare drawings and documents to enable the Client to get done the
detailed survey and soil investigation at the site of the project.

2.04 Furnish report on measures required to be taken to mitigate the

adverse impact, if any, of the existing and / or proposed development on its
immediate environs.

2.05 Prepare conceptual designs with reference to requirements given and

prepare rough estimate of cost on area basis.

PRELIMINARY DESIGN AND DRAWINGS [STAGE 2] :

2.06 Modify the conceptual designs incorporating required changes and

prepare the preliminary drawings, sketches, study model, etc., for the
Client's approval along with preliminary estimate of cost on area basis.

DRAWINGS FOR CLIENT'S/ STATUTORY APPROVALS [STAGE 3] :

2.07 Prepare drawings necessary for Client's/ statutory approvals and

ensure compliance with codes, standards and legislation, as applicable and
assist the Client in obtaining the statutory approvals thereof, if required.

WORKING DRAWINGS AND TENDER DOCUMENTS [STAGE 4] :

2.08 Prepare working drawings, specifications and schedule of quantities

sufficient to prepare estimate of cost and tender documents including code
of practice covering aspects like mode of measurement, method of
payments, quality control procedures on materials & works and other
conditions of contract.

APPOINTMENT OF CONTRACTORS [STAGE 5] :

2.09 Invite, receive and analyse tenders; advise Client on appointment of

contractors.

CONSTRUCTION [STAGE 6] :

2.10 Prepare and issue working drawings and details for proper execution of
works during construction.

2.11 Approve samples of various elements and components.

2.12 Check and approve shop drawings submitted by the contractor/

vendors.

2.13 Visit the site of work, at intervals mutually agreed upon, to inspect and
evaluate the Construction Works and where necessary clarify any decision,
offer interpretation of the drawings/specifications, attend conferences and
meetings to ensure that the project proceeds generally in accordance with
the conditions of contract and keep the Client informed and render advice on
actions, if required.

2.14 In order to ensure that the work at site proceeds in accordance with
the contract documents/ drawings and to exercise time and quality controls,
the day-to-day supervision will be carried out by a Construction Manager
(Clerk of Works/ Site Supervisor or Construction Management Agency in
case of a large and complex project), who shall work under the guidance
and direction of the Architect and shall be appointed and paid by the Client.

2.15 Issue Certificate of Virtual Completion of works.

COMPLETION [STAGE 7] :

2.16 Prepare and submit completion reports and drawings for the project as
required and assist the Client in obtaining "Completion/ Occupancy
Certificate" from statutory authorities, wherever required.

2.17 Issue two sets of as built drawings including services and structures.

3. PROFESSIONAL FEE :

3.01 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.

3.02 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 :

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 :

Retainer Rs. 20M* or 5% of the total fees

On appointment/ Signing of payable, whichever is
Agreement/ cceptance of higher, adjustable at the last
offer. stage.

Stage 1
On submitting conceptual designs and
10% of the total fees payable.
rough estimate of
cost.

Stage 2
On submitting the required 20% of the total fees payable less
preliminary scheme for the payment already made
Client's approval along with the at Stage 1.
preliminary estimate of cost.
Stage 3 30% of the total fees payable less
payment already made at Stages
a. On incorporating Client's 1 and 2.
suggestions and submitting
drawings for approval from the 35% of the total fees payable less
Client/ statutory authorities, if payment already made at
required. Stages1 to 3a.
b. Upon Client's / statutory
approval necessary for
commencement of construction,
wherever applicable.

Stage 4
Upon preparation of working
45% of the total fees payable less
drawings, specifications and
payment already made
schedule of quantities sufficient to
at Stages1 to 3a.
prepare estimate of cost
and preparation of tender documents.

Stage 5
55% of the total fees payable less
On inviting, receiving and analysing
payment already made
tenders; advising Client
at Stages 1 to 4.
on appointment of contractors.

65% of the total fees payable less

Stage 6 payment already made
at Stages 1 to 5.
On submitting working drawings and
details required for commencement of 70% of the total fees payable less
work at site. payment already made
at Stages 1 to 6a.
75% of the total fees payable less
payment already made
On completion of 20% of the at Stages 1 to 6b(i).
work 80% of the total fees payable less
On completion of 40% of the payment already made
work at Stages 1 to 6b(ii).
On completion of 60% of the 85% of the total fees payable less
work payment already made
On completion of 80% of the at Stages 1 to 6b(iii).
work 90% of the total fees payable less
On Virtual Completion payment already made
at Stages 1 to 6b(iv).

Stage 7
On submitting Completion Report and
drawings for issuance
100% of the fees payable less
of completion/ occupancy certificate
payment already made at
by statutory
various stages and retainer.
authorities, wherever required and on
issue of as built
drawings
* Refer explanatory note 3 under Scale of charges.

5. EFFECTING PAYMENT TO THE ARCHITECT :

5.1 The fee payable to the Architect shall be computed on the actual cost of
works on completion. The payment due to the Architect at different stages
be computed on the following basis:

5.1.1 Retainer : On rough estimate of cost.

5.1.2 At Stage 1 : On rough estimate of cost.

5.1.3 At Stages 2 to 4 : On preliminary estimate of cost.

5.1.4 At Stages 5 to 6b : Accepted tender cost.

5.1.5 At Stage 7 : Actual total cost.

5.2 Progressive, on account, payments shall be made by the Client to the

Architect against any of the above stages based on the quantum of work
done during that stage, as may be mutually agreed to between the Client
and the Architect.

5.3 No deductions shall be made from the fee of the Architect on account of
penalty, liquidated damages, part rates or other sums withheld from
payment or recovered from contractors/ suppliers.

5.4 When the work is executed wholly or in part with old materials or labour
or carriage is provided by the Client, the percentage fees shall be calculated
as if the work had been executed wholly by the contractor supplying all
labour and new materials.

5.5 The actual cost of the completed works shall include cost of execution of
assigned works, referred to in Scope of Work and also the cost of equipment
& machinery such as Transformers, DG Sets, Sub-stations, Lifts, Air
Conditioning Machines, Pumps & Motors, Water and Sewage Treatment
Plant, etc., but excluding the cost of land.

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 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 Time Schedule (Bar
Chart/PERT/ CPM Network) prepared by the contractors for the completion
of work, if required.

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 the 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 2, 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 Clause 9.

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.

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