Council of Architecture ARCHITECTURAL PRACTICE* (COA/DOC/03/2002/APR/12 & 13) CONDITIONS OF ENGAGEMENT AND SCALE OF CHARGES PREFACE Architecture is a social art that touches all human beings at all levels of their existence everywhere and everyday. This is the only discipline, which encompasses the four major fields of human endeavour : Humanities, Science, Art, and Technology, actually putting into practice the professional inputs drawn from them. In sum, Architecture is the ‘matrix of human civilization — an authentic measure of the social status, and an evocative expression of the ethos of an era. When conserved, it is heritage and when in ruins, it becomes archaeology, reconstructing tell-tale pictures of the past civilizations. The demands on the profession over the years have become much more complex in nature and much wider in scope. Architecture uses the philosophic wholesomeness of Humanities, the logical rationalism of Science, the passionate imagination of Art and the inexhaustible resources of Technology. It calls for originality, creativity, conceptualization, perception, aesthetic values, and a holistic judgement of people, places, objects and events. Architecture is primarily the art and science of designing spaces for serving the multifarious activities of human beings and for meeting their specific needs in a meaningful built environment. When various engineering services are rationally combined with Architecture’s basic elements of Space, Structure and Form, the performance of human functions and the operation of mechanical utiities become efficient, pleasant and fulfilling. However, in its broadened scope and baffling complexity, Architecture has generated specializations such as Structural Design, Urban Design, City Planning, Landscape Architecture and Interior Architecture, Retrofitting of Buildings, Architectural Conservation, Construction Management have also lately emerged as specializations. Each of these compliment and support each other. The primary objective of Structural Design is to evolve a strong, durable and an efficient skeleton so that the space which architecture encloses, and the form in which it expresses itself as interior content and an exterior container, becomes an organic extension of one another. Structure is so fundamental to architecture that it actually determines its two-pronged functions; the utilitarian appropriateness and the expressive power of aesthetics. Structural design ‘as a creative discipline assumes an indispensable position as a natural extension of Architectural Design. Endowed with an extraordinary power of conceptualization and creativity, an architect can conjure up unprecedented structural systems leading to the genesis of design-ideas introducing new concepts of Space and Form. In other words, the architect's contribution to structural design can effectively bring about qualitative change in the built-environment to stimulate the advancement of society towards a higher order of civilization. Urban Design is architecture of the cities, highly complex and gargantuan in scale. The primary aim of urban design is to imbibe and maintain a sense of identity and harmony among buildings, open spaces and other structures by means of a pleasant and memorable visual imagery throughout the length and breadth of an urban setting. Accessibility at city-level and the movement at all levels must be designed to operate smoothly. Volumetric relationships, harmonious spatial sequences, transition from buildings to open spaces, streetscape and the services infrastructure must together invest a townscape with an exclusive imageability. * Prescribed under regualation 21) af the Architcts Professional Gandct Regulations, 1989. This revised document was approved by tho Gaur of ‘rentecure ats 40th Mating held on 12 and 13th Apel, 2002, ve Resolaton No. 303, ™Landscape Architecture deals with the analysis, planning, design, management, preservation and rehabilitation of land and also determines the environmental impact, It is a science capable of objective analysis and synthesis leading to an ecologically-sensitive design, which is self-sustainable. It integrates from the very conception, the elements of architecture, urban design and civil engineering for meaningful and practical solutions. Landscape architecture covers a wide spectrum of professional expertise, ranging from landscape planning at the regional and city scale on the one end, to the small and medium scale of public and private landscape at the other. It involves dealing with such sites as office plazas/ public squares, highways, city parks/ national parks, housing developments, institutional campuses, Zoological and botanical parks. In case of Interior Architecture, the primary objective is to generate a purposeful ambience such as would stimulate the user's creative potential through multifarious activities. It must facilitate the individual's sense of orientation, identification and eventual appropriation of architectural spaces, that meld the interiors and exteriors into symbiotic relationships through varied experiences of scale, volume, light and shade. Interiors are not only to protect the users from the extremes of weather but also fo nurture them emotionally. Since the interior spaces are truly the life-force of any building, they must be designed (and not decorated) as detailed artistic articulation of the basic architectural concept with deep insight and sensitivity to fulfil the fundamental functional and aesthetic needs that are efficient and pleasant to live and work in. The development of design is a very conscious act and it infuses life into interiors subconsciously. Creativity is the essence of architecture and harmony an essential aim of architects. Architecture that has been recognized as great, in the historic past as well as in our own time, has been harmonious with nature and its immediate environment. These are the essential tenets of design which architects aspire to follow. Architecture Design essentially is a product of an individual mind but realized through association of experts from allied fields who contribute in the process of construction, Mutual respect and understanding work wonders for ensuring high quality of the end-product. The architectural profession feels deeply concerned towards national priorities in the fields of energy conservation, ecology, environmental pollution, protection and preservation of architectural heritage and their precincts, low-cost housing, urban renewals, rural uplifment, economic development at local and district levels, etc. in the interest of quality of life both in rural and urban settlements. The practice of the architectural profession is regulated by the Architects Act, 1972, and the regulations framed thereunder. The Council of Architecture has prescribed the Conditions of Engagement and Scale of Charges under the Architects (Professional Conduct) Regulations, 1989. The documents stipulate the parameters within which the Architect is required to function. These define the responsibilities, the scope of work and services, and prescribe the mandatory minimum scale of professional charges with a view to making the Client fully aware of the duties and services which he may expect from the Architect. The professional services required by the Client may not be comprehensive in scope in all cases and accordingly a clear understanding between the two must be arrived at, The Council of Architecture has prescribed the Conditions of Engagement based on general practice of the profession in India. These documents are applicable to all registered architects and such architects who have specialized in areas such as Structural Design, Urban Design, City Planning, Landscape Architecture, Interior Architecture and Architectural Conservation. The revised version of these documents reflects the Council's response to the many challenges which the profession of Architecture is facing at present, and is constantly endeavouring to meet them with active concer and unflinching commitment. 18COMPREHENSIVE ARCHITECTURAL SERVICES ‘SCOPE OF WORK he Architect Is roquired to provide services in respect of the following Part 1 Part Il ALLIED FIELD: 2 ARCHITECTURE 4.1. Taking Cont’ instructions ane preparation of design bi 4.2. Ste evaluation, analysis and impact of exsting and / oF proposed development on is immediate environs. 4.3. Design and ste development 44 Structural desion 4.5. Sanitary, plumbing, drainage, water supply and sewerage desion. 4.8 Electical, electronic, communication systems and design. 4-7 Heating, venation and ar condoning design (HVAC) and other mechanical systems, 4.8 Elevators, escalators, et. 4.8 Firodetocton, Fre protection and Sacurty systams ote 1.10. Periodic inspection and evaluation of Construction works 1.11 Landscape Architecture 52 Interior Architecture 4.43. Architectural Conservation 1.44 Retrofiting of Buldings 4.45. Graphie Design and Signage ‘SCHEDULE OF SERVICES: ‘The Architect shall, ltr taking instructions from the Client, render the folowing services: ‘CONCEPT DESIGN [STAGE 1] 201 2.02 2.03 204 2.05 ‘Ascertain Client's requirements, examine site constraints & potential; and prepare a design bref for Client's approval Prepare report on site evaluation, sate of existing buldings any ; and analysis and impact of existing and! or proposed development on As immediate environs. Prepare drawings and documents to enable the Client to get done the detailed survey and solinvestigation atthe site of the project. Furnish report on measures required to be taken to mitigate the adverse Impact. any, ofthe existing and / or proposed development on ts immediate environs. Prepare conceptual designs with reference to requirements given and prepare rough estimate of cost on area basi. PRELIMINARY DESIGN AND DRAWINGS [STAGE 2} 2.08. Meaty the conceptual designs incorporating required changes and prepare the preliminary drawings, sketches, study model, et. forthe Client's approval along with preliminary estimate of cost on area basis. DRAWINGS FOR CLIENT'S/ STATUTORY APPROVALS [STAGE 3] 2.07 Propare drawings necessary for Clent’s! statutory approvals and ensure compliance with codes, standards and legislation, as applicable and assist the Contin obtaining the statutory approvals there, If required WORKING DRAWINGS AND TENDER DOCUMENTS [STAGE 4], 2.08. Propare working drawings, specifications and schedule of quantities sufcient to prepare estimate of cost and tender documents including ‘code of practice covering aspects Ike mode of measurement, method of payments, qualiy contol procedures on materials & works and other conditions of contract. 16APP OINTMENT OF CONTRACTORS [STAGE 5]: 2.09 Invite, receive and analyse tenders; advise Clanton appointment of contractor. 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 Visi the site of work, at intervals mutually agreed upon, to inspect and evaluate the Construction Werks ané where necessary cary any decision offer interpretation ofthe crawings/specifeations, attend conferences and meetings to ensue that the project proceeds generally in accordance withthe conditions of contract and keep the Client informed and render advice on actions if required. 2.14 Imorderto ensure that the work at sita proceeds in accordance with the contract documents drawings and to exercise tima and quality Controls, the day-to-day supervision wil be carried out by a Construction Manager (Clerk of Works! Site Suparvsor or Construction Management Agency in case ofa large and complex project), wo shall work under the guidance and direction ofthe Architect and shall be appointed and paid by the Cent 2.15. Issue Cortiicate of Vitual Completion of works. COMPLETION [STAGE 7] 236 2a7 301 3.92 4 Prepare and submit completion reports and drawings fr the project as roquted and assist the Clentin obtaining “Completion! Occupancy Cortiicate” trom statutory authorias, wherever required Issue two sets of as bul drawings including services and structures. PROFESSIONAL FEE In consideration ofthe professional services rendered by the Architect, he shal be paid professional foe and other charges in accordance With the Scale of Charges. ‘Any tax levied by law, such as Service tax, elc. contingent lo professional services rendered by the Architect, shall be payable by the Cilent, over and above the gross fees charged by the Architect in relation to the services provided SCHEDULE OF PAYMENT “The Architect shall be paid professional ee inthe folowing stages consistent wth the work done plus other charges and reimbursable expenses as agreed upon Retainer ‘On appointment Signing ofAgroomert/Accontance off. «Rs, 20M" or St of the tolal foes payable, whichever is higher, acjusiable a the ast stage Stage 1 ‘On submiting conceptsl designs and rough estimate ofcast. 10% cf the total oes payable Stage2 On sbrtng te eared pena seneme fore Glen's — 0% the tales payables payer akeady mae at tage 1 Stage 8. Onincorporating Cent's suggestions and submvting drawings — 20% of he total fees payable les payment already made at Siages {or approval rom ine Cent statutory authors, Hrequred Yand2, 5. Upon Gent's statutory approval necessary for — 25% ofthe otal feos payable less payment already made at Stages commencement of consiuclon, wherever apocabe fot Stages Sonreparsan wating avis sacfctensandscadle — othe tales aya less payment aks made at Sages ‘of tender documents. “Refer explanatory nate 3 under Scale of charges. 7Stage 5 (On inviting, receiving and analysing tenders; advising Client on ‘appointment af contractors, Stage 6 2. On submitting working drawings and details required for ‘commencement of work at st {55% ofthe total fees payable ess payment already made at Stages Tos. 15% othe total fs payable less payment already made at Stages 1105, 2 @ — 10% ofthe total foes payable less payment already made at Stages toa, 4) On completion of 40% ofthe work — 18% ofthe total feos payable less payment already made at Stages: 1 ta 6b(), (ii) On completion of 60% of the work — 80% ofthe total fees payable less payment already made at Stages: 1 ta 604i, (iv) On completion of 80% of the work — 88% ofthe total foes payable less payment already made at Stages ta Bb), (¥) On Virtual Completion — 90% ofthe total fees payable less payment already made at Stages: 1 10 6(). Stage 7 ‘On submitting Completion Report and drawings for issuance cf — 100% of the fees payable less payment already made at various ‘completion! eceupaney cortfeate by statutory authories, wherever stages and retainer. required and on issue of as bull drawings. 5, EFFECTING PAYMENT TO THE ARCHITECT : 15.1. The fee payable tothe Architect shall be compuled an the acual cast of works on completion, The payment cue tothe Architect at cilferent stages be computed on the following basis 54.4 Retainer 512 AtStago 4 5A ALStages 20 4 514 AtSlages Sto 6b 5158 AtStage7 (On rough estimate of cos. ‘On rough estimate of cos. (On preliminary estimate of cost ‘Accepled tender cost. ‘Actual otal cost. 152 Progressive, on account, payments shall be made by the Client o the Architect against any ofthe above stages based on the quantum of work dane dung that stage, a8 may be mutually agreed to between tne Client ang the Arcnitec. 15.3. No deductions shall be made from the fee of the Architect on account af penalty, quidated damages, pat rates or other sums withheld from payment or recovered rom contactors! suppliers. 15.4 When the work is execuled wholly orn part wth old materiale or labour or cariage is proved by the Client, the percentage fees shall be Calculated as if the work had been executed wholy by the coniactor supplying all labour and new materials. ‘585 The actual cost of the completed works shall nce cost of execution of assigned works, referred to in Scope of Work and also the cost of equipment & machinery euch as Transformers, OG Sels, Sub-stalions, Lite. Ai Condiioning Machines, Pumps & Motors, Water ang ‘Sewage Treatment Plant ae, but excluding the east of land 6. DOCUMENTATION AND COMMUNICATION CHARGES ‘Apart rom the professional fee, the Client shall pay tothe Architect Documentation and Communication charges, @ 10% of te professional feo payable tothe Architect at all stages. 7. REIMBURSABLE EXPENSES In addition to the amounts reimbursable agains! site visits by the Architecl Consultant, the Clint wll rimburse the Architect the folowing ‘expenses incurred by him for discharge of his obligations: 7.01, Actual cost of travel (to & fo), boarding & lodging and local ransport for any visit made by his staf tothe site or such other place as may be necessary in connection with te execution of work and in connection wih the performance of dues refered to in tis agreement 7.02. Cost of presentation models, computer simulation, presentation drawings, etc, prepared al the inlance of the Client for purposes athe than the Design and execution of the project. meCLIENT'S ROLE AND RESPONSIBILITIES ‘The Cliont shall dischargo all his obligations connected with the project and engagomont of the Architect as flows aot 802 8.03 8.08 805 8.05 807 8.08 809 901 9.02 9.03 9.08 9.05 9.05 807 9.08 9.09 oat 10, To provide dolalled requirements ofthe project ‘To provide property lease! ownership documents To provide @ site plan, to a suitable scale, showing boundaries, contours at sultable intervals, existing physical features including any existing roads, path, ‘rees, exsting structures, existing service and utility lies and such lines to which the proposed service can be Connected. In case such information fs not readily available, the Client shall arrange for the survey! collection of necessary infrmation and pay forthe sama, ‘To furnish reports on soil conitions and test as raqured by the Architect or pay forthe preparation ofthe same. To furnish specie contions! Statutory stipulations! Codes of Pracice/Schedule of rates, et, desired to be followed, ‘To pay al the fees, levies, secunty deposits and expenses in respect of statutory sanction. ‘To give efecto the professional advice ofthe Architect and cause no changes in the drawings and documents without the consent ofthe architect, ‘To honour Architect's ils within one month of submission. ‘To appoint a Construction Manager (Clerk of Works! Site Supervisor or Construction Management Agency incase of alarge and complex project) as per the Architect's advice. EXECUTION OF THE ASSIGNMENT ‘The Architect shall keep the Client informed about the progress of work in his office. ‘The Architect shall appoint specialised consultants in consultation with the Clon, i necessary The Architect shall be responsible forthe direction ard intograton of tho consultants work. The consultants, however, shall bo fully responsible forthe calculations, the detailed design and peroaic inspection and evaluation of the work enrusted to them. The Architect shall, F requested, make available the cesign calculations, ‘The Architect will advise the Centon the Tne Schedule (Bar CharUPERT/ CPM Network) prepared by the contractors fo the completion of work, required ‘The Architect shall supply to the Client, ree of cos, upto six sets of drawings at aiferent stages. ‘The Architect shall not make any deviations, alterations or omissions from the approved drawings, involving fnancal implications without por consent of the Client, [Any professional services to be rendered by the Architect at he instance ofthe Client after the agreed project completion period shall be ‘compensated for on mutually agreed terms, The Architect shall exercise all reasonable sk, care ané dligence in the discharge of his duties and shall exercise such goneral superntandence and inspection @s may be necessary fo ensure tat works are being executed in accordance with the Conditions of Contract. {Any revision in the drawings, tenders and documents, once approved, required to be made by the Client shall be compensated as ‘addtional services rendered by the Architect and paid for @ 50% ofthe fee prescribed for the relevant stage() No change shall be made in the approved drawings and specifications at ste without the consent ofthe Architect ‘Any curtailment of the professional services, beyond Stage 2, shall make it obligatory forthe client to pay at least 20% of he fe forthe romaining Stago(s) ofthe cutaled word Services. TIME SCHEDULE ‘The Architect shall in consultation with the Client, prepare a Time Schedule in respect of various eervices to be rendered and dlecharge of Client's obligations. " In the event th INDEMNIFICATION : 9a claim or sults 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 aryone employed by the Client, or anyone for whose acts the Client may be held responsible, ‘hen the Client shall indemnity the Architect and fly reimburse any loss, damage or expenses, inlucing the atomey's fees, which the Architect may incur connecton therewth, nm42. OWNERSHIP OF COPYRIGHT ‘Architectural design isan intolectual propery of the Architect. The drawings, specificaons, documents and models as instruments of service {are the property ofthe Architect whothor the projac, fr which they are mado is exccutod or not. Tho Cont shal retain copies ofthe Architects models, drawings, specifications and other documents for his information and use in connection wih the project. Thao shall not ba used for any ther project by the Clent or the Architect or any other person, except forthe repetition as stipulated in the Scale of Charges. 43, TERMINATION OF AGREEMENT : 18.1 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 elther fll substantaly to perform his part of respansibiliesiduties, so long as the failure is nol caused by the ‘ne initiating the termination, 13.2. When termination ofthis Agreement isnot related or attributable, directly or indirectly to any ac, omission, neglect or default onthe part ofthe Architect, the Architect shall be ented to professional fees as stipulated under Clause 4 and sub-clauses 9.09 and 9.11 of Clause 8. 13.3 Inthe event of Architect's frm closing ts business or the Client having terminated the agreement, the Clent shall ave the right to employ another Architect to complete the work, after making payment tothe previous architects fem, 44, INTERPRETATION : In case of any ambiguity oF ifcuty inthe interpretation ofthe Conditions of Engagement and Seale of Charges, th interpretation ofthe Council of Architecture shall be final and binding on the Architect and the Client 15, ARBITRATION {All disputes or diferences which may arise botweon the Clint and the Architect under ‘Conditions of Engagement and Scale of Charges” with regard tothe meaning or interpretation or mattro things done orto be done in pursuance hereo, such disputes and ferences shall be roferod for arbitration to the Council of Architecture. The arbitrator shall be appointed by the President, Councl of Architecture. The arbitration shall be ‘conducted a8 per the provsions of the Abiration and Conelation Act, 1996, The decision and aware of the arbitrator shall be fal ano binding fn the Areitect and the Client 20URBAN DESIGN 4. SCOPE OF WORK: The Architects required to provide services for Urban Design Urban Renewal Scheme in respect of the following PART |- URBAN DESIGN/ URBAN RENEWAL 4.4. Taking Client’ instructions and preparation of design brie. 1.2. Ske evaluation, analysis of architectural character, social issues and heritage. 1.3. Feasibility study 1.4 Proliminary proposal for development re-development an their impact on immediate environs. 1.5. Volumetric study and Urban form recommendations including pedestrian / vehicular movement and parking 1.8 Architectural controls! guidlines 17 Conceptual design of |. Ste development. services andthe interconnectiviy. 4 Landscape Architecture fi, Architectural Conservation. IN. Graphic Design and Signage, PART Il SITE DEVELOPMENT 1.8. Comprohensive Architectural Services beyond Part | wilh rogard to external Enginosring Services and related buildings! structures; Roads, pathways, culverts & bridges; boundary walls, gates. PART Ill- LANDSCAPE ARCHITECTURE 1.9 Landscape Architectural Services beyond Part | with regard to publle spaces, 2, SCHEDULE OF SERVICES The Architect shal after taking instructions from the Client, render the following services: PROGRAMMING AND SITE EVALUATION [STAGE 1] 2.01 Ascertain Clon’ requirments, examine sto constants & olan; ane propare a dosign bit for Client's approval 2.02 Study of existing land use In and around the project area 2.03 Study of contextual issues, soclo-cultural aspects, landscape features and bul form ac 2.04 Study of existing infrastructure, accesstbity,ceculaton pattem ané parking 2.05 Prepare report on site evaluation, state of existing buildings, f any ; and analysis with basic approach to circulation, actly distribution, interconnectviy and external nkages including rough estimate of project cost based on allowable FARY re-development objecives, 2.06 Assessment of impact of development re-development plan onthe project area and is immediate environs. 2.07 Fumish report on measures required tobe taken to mitigate tho adverse impact, (any, ofthe existing andor proposed development / re-development on its immediate environs CONCEPT DESIGN [STAGE 2] 2.08 Preparation of concept design ofthe area showing circulation pattem, zoning of various land uses and relevant details, development development strategy. a2.09 Assessment of uly services and their nterconnectivity. 2.10. Fumish revised rough estimate of project cost based on FAR used in concept desigwre-devolopment objectives, 2.11 Preparation of three dimensional form in relaton to open spaces, model showing the proposal and suraunding areas. 2.12 Submission of model and Conceptual design tothe Cant statutory autores fr 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 fetes for culation, paring, pen spaces and extemal Architectural form. 2.14 Preparation of drawings showing Architectural controls! guidelines, features and specications. 2.18 Preparation of drawings showing schematic network of services 2.18 Preparation of drawings showing landscape, street future and graphic signage. 2.17 Fumish modified project cost 2.18 Fumish urban design repor incusing implementation strategy. 2.18 Propare detail designs of various extemal elements and components, 2.20. Prosantaton ofthe urban design study tothe statutory aubhorties for aprovaland ensure compliance with codes, standards and legislation, a applicable and carry out necessary changes as may be required, IMPLEMENTATION [STAGE 4] 221 Provide Comprehensive Architectural Services with regard to Site Development works, assigned. 222 Provide Landscape Architectural Services with regard to public spaces, if assigned 2.23 Review and ceticalion of detailed Architectural design of each ofthe constituent components for construction or development within the ‘area under urban Gesiga/ urban renewal before approval by talutory authorves, EXCLUSIONS : 2.24 The above scope of work will not include any architectural deals which aro not relevant to external envelope. 3. PROFESSIONAL FEE: 3.1 Inconsideration ofthe professional sorvces rendered by the Architect, he shall bo pald professional few and other charges in accordance with the Scale of Chargas for Urban Design/ Urban Renowal, 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 elation to the services provide 4, SCHEDULE OF PAYMENT: 441 Urban Design! Urban Renewal ‘The Architect shall be pale professional fee inthe following stages consistent wth the work done plus other charges and reimbursable expenses a agreed upon: Retainer (On appoiniment Signing of Agreement acceptance of ofr. — R820 Mt oF 5% ofthe toal fees payable, whichever is higher, Adjustable atthe lat stage, Stage 1 (On submitting preliminary report containing site evaluation, — 10% ofthe total fees payable evelopment! re-development impact assessment. feasbilty study volumetric study and urban form recommendations along with rough ‘estimate of project cost. “Roter explanatory note 3 under Scale of charges, 2Stage 2 ‘4. On submitting concept design and revised rough estimate of 25% ofthe total fees payable ass payment already made at Stage 1 project cost. b. On incorporating Client's suggestions and submitting model — 45% ofthe total fees payable less payment already made at Stages and final design ané approval thereof rom the Client statutory 1 and 2a, o bo released in two equal instalments on submission authoritos, required and approval Stage 3 On submitting drawings showing the common faciities for — 55% ofthe total fees payable less payment already made at Stages circulation, parking, open spaces and external Architectural 1020, form b. On submitting drawings showing Architectural contrals, — 65% ofthe total fees payable less payment already made at Stages features and specifications Hoda ©. On submitting drawings showing schematic network of — 80% ofthe total fees payable less payment already made at Stages services, landscape, street furure, graphic signage and 1 to 3b, to be released in two equal instalments on submission ‘madified estimate of projact cost and approval theraot from and approval the Client statutory authorities. 4. On submitting urban design report — 85% of the total fees payable ess payment already made at Stages To 3e, Stage 4 (On completion of review and certification of detailed Architectural — 100% of the fees payable less payment already made at various designs of each ofthe constituent components for constuction oF stages and retainer {evelopment within the area under urban design, before approval by statutory authorities or on expiry of five years after stage Sd above. 42. Site Development “The stages of paymant fr Site Development works beyond Part | shall be same as for Comprehensive Architectural Services. 43 Landscape Architecture The stages of payment for Landscape Architectural Services beyond Part | shall be same as for Landscape Acchlecture, 5. EFFECTING PAYMENT TO THE ARCHITECT 5.1. The payment due to the Architect for Urban Design’ Urban Renewal works, at diferent 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 diferent stag accordance withthe respective services, shall be computed in 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 ane the Architect 6. DOCUMENTATION AND COMMUNICATION CHARGES: ‘Apart from the professional fee, the Client shall pay tothe Architect Documentation and Communication charges, @ 10% ofthe professional fee payable tothe Architect at all stages. 7, REIMBURSABLE EXPENSES In adttion to the amounts reimbursable against site visits by the Architect/ Consuitant, the Client will reimburse the Architect the following ‘expenses incurred by him for discharge of his obigations: 7.01 Actual cost of travel (to & fo), boarding & lodging and local transport for any visit made by his staff othe se or such ather place as may be necessary in connection wth the execttion of work an in connection withthe performance of duties refered to inthis agreement 7.02 Cost of presentation madels, computer simulation, presentation drawings, et., prepared at the instance ofthe Cent for purposes other than the Design and execution ofthe project. eaCLIENT'S ROLE AND RESPONSIBILITIES : ‘The Client shall dscharge all his obligations connected withthe project and engagement af the Architect, as follows: 201 8.02 8.03 04 8.05 8.08 807 8.08 8.09 9.01 9.02 9.03 9.04 9.08 9.08 9.07 9.08 9.09 9.10 oat 10. To provide detailed requirements ofthe projoct To provide property lease! ownership documents, To provide a site plan, to a suitable scale, showing boundaries, contours at suitable intervals, existing physical features inclusing any existing roads, paths, tres, exsting svuctures, existing service and uly Ines and such lines to whieh the proposed service can be Connected, In case such information isnot realy available, the Client shall arrange forthe survey/callection of necessary information ‘and pay for the same. To furnish reports on soll conlitons and test as required by the Architect or pay forthe preparation ofthe same. To furnish specie conditions! statutory stipulations! codes of practicschedule of rates, et., desired tobe flowed. To pay athe fees, levies, securty deposits and expenses required in respect of statutory sanction To give effect tothe professional advice of the Architect and cause no changes in the drawings and documents without the consent of the architect To honour Architect's bils within one month of its submission, To appoint a Construction Manager (Clerk of Works! Site Sunervsor or Construction Management Agency incase of a large and complex project) a8 per the Architect's advice. EXECUTION OF THE ASSIGNMENT ‘The Architect shal keep the Cilent informed about the progres of workin his ofc ‘The Architect shall appoint specialised consultants in consutation withthe Client, necessary The Architect shall be responsible for the direction and integration of the constants work, The consuitans, however, shal be fully responsible forth caleulatons, the dealed design and eriole inspection and evaluation of the work entrusted to thom. The Architect shall, requested, make available the design calculations ‘The Architect wil advise the Client on ne broad Time Schedule for implementation of the project. ‘The Architect shall suppl to the Client, ree of cost, uplo six sets of drawings a liferent stages. ‘The Architect shall not make any deviations alterations or omissions from the approved drawings, involving financial implications without Por consent of Client {Any professional services tobe rendered by the Architect athe instanoe ofthe Client after the agreed project completion period shall be ‘compensated for on mutually agreed terms, The Architect shall exercise all reasonable skil, care and diigence in the discharge of his duties and shall exercise such general superintendence and inspection as may be necessary to ensure that warks are being executed in accordance with the Conditions of Contract. Any revision in the drawings, tenders and documents, once approved, required to be made by the lent shall be compensated as additional services rendered by the Architect and paid for @ 50% ofthe fee prescribed forthe relevant stage(s) No change shall be made in the approved drawings and specifications at site without the consent ofthe Architect, Any curtalment ofthe professional services, beyond Stage 2b, shall make it obligatory forthe Client to pay atleast 20% of the fee forthe remaining stago(s of the cutaled worl! services, TIME SCHEDULE ‘The Architect shall, n consultation wih the Clint prepare a Time Schedule In respect of various services tobe rendered and discharge ofcllents obligations, 1" INDEMNIFICATION Inthe event that a claim or suits brought against the Architect or the Consultants by any third party for damages arising from personal injury or property damage caused wholy by the Clent, or anyone employed by the Cen, or anyone for whose acts the Client may be held responsible, ‘hen the Client shal indersity the Architect and fully reimburse any loss, damage or expenses, including the attorney's fs, which the Architect may incur in connection therewith42. OWNERSHIP OF COPYRIGHT : ‘Acchitectual design isan intlectual property of the Architect. The drawings, specifeations, documents and models as instruments of service are the property ofthe Architect whather the projat. far which they are made, is executed or not, The Cent shall retain copies of the Architect's ‘models, drawings, specifeations and other documents for hs information and use in connection with the project. These shall not be Used for any ther project bythe Client or the Architect or any ather person, except forthe repetition as stipulated inthe Scale of Charges, 413, TERMINATION OF AGREEMENT 13.1 Agreement between the Architect and the Client may be terminated by eitner one giving the other a written notice of not less than 20 (thity) days, should either fll substantially to perform his part of responsiblites/ duties, so long as the failure isnot caused by the fone inating the termination, 13.2 When termination ofthis Agreement is not related or attributable, directly or indirectly to any act, omission, neglect or default on the Part ofthe Architect, the Architect shall be ented to professional fees as stipulated under Clause 4 and sub-lauses 9.09 and 9.11 of Clause 8 13.3 Inthe event of Architect's frm closing ts business or the Client having terminated the agreoms ‘another Architact to complete the work, after making payment tothe previous architects frm the Client shall have the right fo employ 14, INTERPRETATION In case of any ambiguity oF icy in the interpretation ofthe Conditions of Engagement and Scale of Charges, the interpretation ofthe Council of Archtecture shall be final and binging onthe Architect and the Client 15, ARBITRATION {Al dsputes or diferences which may arise betwsen the Client and the Architect under “Conditions of Engagement and Scale of Charges" with regardto the meaning or Interpretation or matter or things done orto be dane in pursuance hereot, such disputes and dferences shall be referred {or arivation to the Councll of Architecture. The arbitvator shall be appointed by the President, Councl of Architecture. The arbitration shal be conductad as par the pravislons ofthe Atbitation and Conciliation Act, “296. The decision and award of the arbitrator shall be fnal and binding onthe Archteet and the Client. 8sLANDSCAPE ARCHITECTURE 4. SCOPE OF WORK ‘The Architects required to provide services in respect of the following: 4.4 Slte appraisal and sultabity 1.2 Site planning 4.3 Landform and gracing 41.4 Surface drainage design and water management 1.5. rigation design. 1.8 Open space design -hard and soft areas. 1.7. Planting design. 1.8 Landsce 4.9 Garden Furiture design 4.40 tuition design. 4.41 Graphie design and signage. 4.42 Co-ordination of extemal services 1.13 Perioic inspection and evaluation of works at site, ya stuctures and features, 2. SCHEDULE OF SERVICES ‘The Architect shal afte aking instructions from the lien, render the following services ‘CONCEPT DESIGN [STAGE 1]: 2.01. Cary out site analysis and furnish a site appraisal report with regard tothe potential of the site vs-A-vis activites, 2.02 Prepare drawings and documents to enable the Client to get done the detailed survey and sol investigation atthe ste ofthe project. 2.03 Furmish preliminary scheme for site planning 2.04 Propare conceptual landscape design with reference to requiromonts given and prepare rough estimate of cost on area bass. PRELIMINARY DESIGN AND DRAWINGS [STAGE 2} 2.05. Modify the conceptual design incorporating required changes and prepare the preliminary drawings, sketches, etc, forthe Client's approval ‘along with preliminary estmate of cost on area basis. \DRAWINGS FOR CLIENT'S! STATUTORY APPROVALS [STAGE 3] 2.08 Prepare drawings necessary for Clients) statutory approvals and ensure compliance with codes, standards and legislation, as applicable and assist the Clent in obtaining the statutory approvals thereo, If requ. WORKING DRAWINGS AND TENDER DOCUMENTS [STAGE 4] 2.07 Prepare working drawings, specifications and schedule of quantities sufcient to prepare estimate of cost and tender documents including cod of practice covering aspects ike mode of measurement, mathad of payments, quality contol procedures on materials & works and thor conditions of contract. [APPOINTMENT OF CONTRACTORS [STAGE 5}: 2.08. Invite, receive and analyse tenders; advise Client on appointment of contractors, ‘CONSTRUCTION [STAGE 6] 2.08 Prepare and issue working drawings and details for proper execution of works during construction. 2.10 Approve samples of various elements and components 2.41 Check and approve shop drawings submitted by the contactor! vendors. 2.12 Visit the ste of work, at intervals mutually agreed upon, to Inspect and evaluate the Construction Works and where necessary cay ary decision, offer inlerpretalion ofthe drawings/spacifcations,allend conferences and meatings to ensure tha he project proceeds generally In accordance with the condtons of contract and keep the Client informed and render advice on actions, required. 2.13 Inorderto ensure thatthe workatsite proceeds in accordance with the contract documents! drawingsandto exercise me and quay contol, the day-to-day supervision willbe cared outby a Consirucon Manager (Clerkof Works/ Site Supervisor or Consinction ManagementAgency Incase of large anc complex project), who shall work under the guidance and drecton ofthe Architect and shall be appointed and pale by the Client. 2.14 Issue Cortcate of Vitual Completion of Civ Works and plantation. es(COMPLETION [STAGE 7] 2.18 Prepare and submit completion reports and drawings forthe project as required and assis the Contin blaining “Completion / Occupancy CCortcate rom statutory authors, wherever required. 2.18. Issue two sets of as bul drawings inclucing services, structures and plantation 3. PROFESSIONAL FEE 3.01. Inconsigeration ofthe professional services rendered by the Architect, he shall be paid professional fee and other charges in accordance withthe Seale 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 lent, over and above the gross fees charged by the Avchtect in relation to the services provided, 4, SCHEDULE OF PAYMENT “The Architect shall be paid professional ee inthe folowing stages consistent with the work done plus other charges and reimbursable expenses as agreed upon Retainer Cn appointment signing of Agreement acceptance ofthe off. Rs, 20 M" or SY of the foal fees payable, whichaver is higher, Adjustable atthe last stage. Stage1 (On submiting conceptual designs and rough estimate of cost. 10% of the total fees payable Stage2 On submiting the required preliminary scheme forthe Client's approval — 20% ofthe total fees payable less payment already made at Stage 1. along with the preliminary estimate of cost. Stage3 On incorporating Client's suggestions and submitting drawings for — 35% of the foal feos less payment alady made at Stages * and 2 pbtaining approval rom the Client statutory auhorties,ifrequred. Stago4 Upon statutory approval, if required and preparation of working — 45% of the total fees payable less payment already made at drawings, specicatons and schedule ofquanttes suficientto prepare Stages 1 103, ‘estate of cost and preparation of tender documents Stage 5 On inviting, receiving and analysing tenders; advising Client on — 55% of the total fees payable less payment already made at appointment of cantractors, Stages 1 104 Stage 6 On submitting working drawings and details required for — 65% ofthe total fees less payment already made at Stages 1 t0 5. commencement of work at site b. (On completion of 20% ofthe work — 10% of the total feos payable less payment already made at Stages 1 10 6a (i), On completion of 40% ofthe work — 18% of the total fees payable less payment already made at ‘Stages 110 60() (i) On competion of 60% ofthe work — 80% of the total feos payable less payment already made at Stages 1 t0 6b), (iv) On competion of 80% of tho work. — 85% of the total fees payable less payment already made at Stages 1 to 6). (0) On Virtual Completion — 90% of the total fees payable less payment already made at Stages 1 10 60(v}. Stage7 On submiting Completion Report and drawings for issuance of — 100% of the fees payable less payment already mage at various completion! occupancy certfiate by statutory authorities, wherever _Slages and relaine. required and on issue of as bul drawings Refer explanatory note 3 under Seale of charges: er5. EFFECTING PAYMENT TO THE ARCHITECT 5.1. The foe payable to the Architect shall be computed on te actual cost of works on completion. The payment due to te Architect at diferent stages be computed onthe following basis 541 AtRelainer On rough estimate of cost. 512 AtStage t On rough estimate of cost. 519 AtStages 2104 On preliminary estimate of cost. 5.44 — AtStages 5to 6b ‘Accepted tender cost 545 AtSiage7 ‘Actual total cost. 52 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 Nodeduction shal be made from the fee ofthe Architect on account of penalty, Iqudated damages, part rates or other sums withheld from payment or recovered from contractors! suppliers ‘5.4 When the works executed wholly o In pat wit old materials of labour or carriage is provided by the Clon, the percentage favs shall be calculated asi the work had been executed wholly by the contractor supplying all labour and new materials, 55 The actual cost ofthe completed works shail include cost of execution of assigned works, referred ton Scope of Work and also the cost cof equipment & machinery such as Pumps & Motors, etc. but excluding the cost of land 6. DOCUMENTATION AND COMMUNICATION CHARGES ‘Apart from the professional fe, the Client shall pay tothe Architect Documentation and Communication charges, payable tothe Architect at all stages. 10% of the professional foe 7. REIMBURSABLE EXPENSES : In adeltion to the amounts reimbursable against site Visits by the Architecl Consultant, the Client will rsimburse the Architect the folowing ‘expenses Incurred by him for discharge of his obligations: 7.01 Actual cst of travel (to & fo), boarding & lodging and local transport for any visit mace by his staff tothe ste or such other place as may be necessary in connection with the execution of work and in connection with the performance of dues refered to in ths agreement. 7.02 Cost of presentation models, computer simulation, presentation drawings, ete, prepared atthe instance ofthe Client for purposes other than the Design and execution ofthe project. 8. CLIENT'S ROLE AND RESPONSIBILITIES ‘The Client shall dscharge all his ob gations connected with the project and engagement of the Architect, as follows: 8.01 To provide detalled requirements of he project. 8.02 To provide propery lease! ownership documents. 8,03. To provide a site plan, to a suitable scale, showing boundaries, contours at suitable intervals, existing physical festures including any existing roads, paths, res, existing stuclures, existing service and uty Ines and such lines to which the proposed service can be connected. In case such information is not readly availabe, the Client shall arrange forthe survey collection of necessary information and pay forthe same. 8,04 To furnish reports on sol conditions and soll test as required by the Architect, 8.05 To furnish specific condtions/Statutoy stipulations! Codes of PractcelSchedule of rates, etc, desir tobe followed. 8.08 To pay all the foes, aves, secur doposts and expenses in respect of statutory sanction, 8.07 To give effec othe professional advice ofthe Architect and cause no changes inthe drawings and documents without the consent ofthe Architect 8.08. To honour Architect's bills within one month ofits submission. 8.09 To appoint a Construction Manager (Clerk of Werks! Sita Supervisor or Construction Mar project) as per the Architect's advice, ee“8. “EXECUTION OF THEASSIGNWENT:, — — — — — > > > > > > OS 9.01 The Architect shall keep the Client informed about the progress of work in his office 9.02 The Architect shall appoint specialied consultants in consultation with tho Cllent, necessary, 9.03 The Architect shall be responsible for the direction and integration of the consultants work, The consultants, however, shall be fully responsible forthe calculations, the detailed design and periodic inspection and evaluation of the work entrusted to them. The Architect shall, requested, make avaliable the design calculations. 9.04 The Architect wil advise the Clanton the Time Schedule (Bar CharlPERT/ CPM Network) prepared by the contractors forthe completion of wotk, required 9.05 The Architect shall supply tothe Clon, fee of cost, upto six ses of drawings at ciffrent stages. 9.06 The Architect shall not make any deviations, alertions ar omissions from the appraved drawings, involving financial implications without ror consent of te Client 8.07 Any professional services to be rendered by the Architect atthe instance of the Client after the agreed project completion period shall be ‘compensated for on mutually agreed terme, 8.08 The Architect shall exercise all reasonable skil, care and diligence in the discharge of his duties and shall exercise such general superintendence and inspacion as may be necessary to ensure that works are being executed in accordance with the Conditions of Contact 9.09. Any revision in the drawings, tenders and documents, once approved, required to be made by the Client shall be compensated as ‘acitional ervices rendered by the Architect and paid for @ 60% of the fee prescribed forthe relevant stage(s). 8.10 No change shall ve made inthe approved drawings and specifications at sito without the consent of the Architect. 9.11 Any curtaiment ofthe professional services, beyond Stage 2, shall make I obligatory forthe client to pay at east 20% ofthe fee fr the remaining stago(s of the curtalment ward 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 suits brought against the Architect or the Consultants by any third party far 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, ‘hen the Client shal indermiy the Architect and fully reimburse any loss, damage or expenses, inclucing the attorney's fees, which the Architect may incur connection therewith, 12. OWNERSHIP OF COPYRIGHT ‘Accitectual design isan intelectual property of the Archilecl. The drawings, specifeations, documents and models as instruments of service are the property ofthe Architect whether the project. for which they are made, is executed or not. The Cent shall retain copies ofthe Architect's ‘models, drawings, specfcations and other dacuments for hs information and use in connection with the project. These shall not be used for any ‘ther project by the Cliont or the Architect or any other person, except forthe repetition as stipulated inthe Seale of Charges, 13, TERMINATION OF AGREEMENT 1841 Agreement between the Architect and the Client may be terminated by ether one giving the other a writen notice of not less than 30 ity) days, shoul ether fall substatilly to perform his pat of responsibities/ duties, so long as the failure fs not caused by the one inating the termination, 13.2. When termination of his Agreement is rot rlated or atibutable, rectly or indirectly to any act, omission, neglect or default on the part of the Architect, he Architect shall be entitled to professional fees as sipulated under Clause 4 and sub-lauses 9.09 & 9.11 of Clause 9. 13.3 Inthe event of Architects fem closing its business or the Client having terminated the agreement, anothor Architect to complate the work, after making paymont tothe previous achitocts fn 44, INTERPRETATION the Client shall have the right to employ In case of any ambiguity oF fc in the interpretation ofthe Conditions of Engagement and Scale of Charges, the interpretation ofthe Council ‘of Architecture shall be final and bincing on the Architect and the Client. 48. ARBITRATION {All dsputes or diferences which may arise batween the Client and the Architect under “Condilions of Engagement and Scale of Charges" with regard tothe meaning or Interpretation or matter or things done orto be done in pursuance hereo, uch disputes and aiflerences shall be refered for arbitration tothe Council of Architecture. The abilvalr shall be appointed by the Presider, Council of Architecture. The arbitration shall be conducted as per the provisions ofthe Aebitvation and Conciliation Act, +896. The decision and award of the arbitrator shall be fnal and binding ‘on the Architect and the Client 2INTERIOR ARCHITECTURE 4. SCOPE OF WORK Tho Architects requied to provide services in respect of the fllowing 1.1 Site evaluation and assessment. 1.2 Interior design ~ space planning! development & volumetric study 1.3. Architectural additions and alterations. 14 Design of fixed items of work, loose furitue & interior related cv works. 4.5 tumination design. 1.8 Sound and acoustic design. 1.7 Graphic design and signage. 4.8 Indoor plantscape. 1.9 Selection of materials, equipment and ther interior related eloments, 1.10 Integration of al Engineering services. 4.11 Periodic inspection and evaluation of works at site 2. SCHEDULE OF SERVICES The Architect shal after taking instructions from the Cent, render the following services CONCEPT DESIGN [STAGE 1] 2.01 Furmish a ste evaluation and analysis report with basic approach to circulation, activity distributon interaction and extemal linkages 2.02 Analyse schedule of spaces in relation to actives and site potential 2.08 Prepare conceptual designs with reference to requirements and prepare rough estimate of cost on area basis, PRELIMINARY DESIGN [STAGE 2] 2.04 Modi the conceptual designs incorporating required changes, prepare the preliminary drawings, interior views and schedule of frishes for the Clent’s approval along with the preliminary esimate of cost on area basis. DRAWINGS FOR CLIENT'S /STATUTORY APPROVAL [STAGE 3] 2.05 Prepare drawings necessary for Client! statutory approvals and ensure compliance with codes, standards and legislation, as appicable and assist the Clont in obtaining the statutory approvals thoroo, If roqurad WORKING DRAWINGS AND TENDER DOCUMENTS [STAGE 4] 2.08 Prepare working drawings, specifications and schedule of quantites sufficient io propare estima of cost and tender documents including code of practice covering aspects like mode of measurement, methad of payments, qualty canal procedures on materiale & works and ‘other conditions of contract. APPOINTMENT OF CONTRACTORS [STAGE 5] 2.07 Invite, receive and analyse tenders, advise Client on appointment of contractors. CONSTRUCTION [STAGE 6]: 208 /opare and issue working drawings and details for proper execution of works during constuction. 2.08 Approve samples of various elements and components 2.10 Check and approve shop drawings submitted by the contractor! vendors 2.11. Visit the site of work and fabriation workshop, at intervals mutually agreed upon, to inspect and evaluate the progress of works and whore necessary clarify any decision, offer interpretation ofthe drawings/speciications, allend conferences and meotings fo onsure that the projet proceeds generally in accardanee with tha conditions of canract and keep the Cent informed and render advice on actions, require, 2.12 In ordorto ensure that the work at site proceods in accordance withthe contract documents! drawings and io oxercise time and quality Controls, the day-to-day supervision willbe carrad out by a Construction Manager (Clerk of Works! Silo Suparvisor ar Construction Management Agency in case of large and complex project), who shall work under the guidance and direction ofthe Architect and shall be appointed and paid by the Clent 2.13 lesue Cetifcate of Vitual Completion of works. 0(COMPLETION [STAGE 7] 2.14 Propare and submit competion reports and drawings forthe project as required and assist the Client in obtaining "Completion/ Occupancy CCericate" rom statutory authors, wherever require. 2.18. Issue two sets of as bul drawings Including services and structures, 3. PROFESSIONAL FEE 3.01 In consideration ofthe professional services rendered by the Architect he shall be paid professional fee and other charges in accardance withthe Seale 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 (Giant, over and above the gross foes charged by the Architect in relalion tothe services provided. 4, SCHEDULE OF PAYMENT ‘The Architect shall be pa professional fee in folowing sta agreed upon 1 consistent with the work done plus other charges and reimbursable expenses as Retainer Cn appointment signing of Agreement! acceptance of offer — Rs, 20 M" or 5% of the total fees payable, whichever is higher, adjustable at the last stage, Stage On submiting conceptual designs and rough estimate of cost. «10% ofthe tolal fees payable. Stage2 On submitting the required preliminary scheme for the Client's — 20% of the total fees payable less payment already made at Stage 1 ‘approval slong wit the pralimnary estimate of cost Stage 3 n incorporating Clients suggestions and submitting drawings for — 35% ofthe foal fees less payment already made at Stages 1 and 2. ‘obtaining approval fom the Client statutory authortes, i requies Stage 4 Upon Client's approval! statutory approvals and preparation of —— 45% of the tolal fees payable less payment already made at working crawings, specications and schedule of quanibes sufficient Stages 1 10 3, lo prepare estimate of cost and preparation of tender documents Stage 5 On inviting, receiving and analysing tender; advising Client on — 55% of the total fees payable less payment already made st appointment of contractors. Stages 110.4 Stage 6 8. On submiting working drawings and details required for —— 65% of the total fees ess payment already made at Stages 110 5 ‘commencement of work st ste, b. (On completion of 20% ofthe work 70% of the total fees payable less payment already made at Stages 1 06a (W)_ On competion of 40% ofthe work 75% of the total fees payable less payment already made at Stages 1 to 860 (i) On competion of 60% ofthe work 180% of the total fees payable less payment already made at Stages * to 6b(i, (iv) On competion of 80% ofthe work 185% of the total fees payable less payment already made at Stages + to 6b, () On Viral Completion 120% of the total fe0s payable loss payment already made at ‘Stages 1 to 6b). Stage7 On submiting Completion Report and drawings for issuance of — 100% ofthe fees payable less payment already made al various stages completion eecupancy cerifcate by statutory authontes, wherever ‘and retainer. required and on issue of as bul drawings, Refer explanatory note 3 under Scale of charges: ot5. EFFECTING PAYMENT TO THE ARCHITECT 5.1 The fee payable tothe Architect shall be computed on the actual cost of works on completion. The payment due tothe Architect at diferent stages be computed on the following basis 5.41 AtRetainer On rough estimate of cost. 5.4.2 AiStage 1 On rough estimate of cost 5.413 ArStages 2t04 On preliminary estimate of cost 5.14 AtStages 5to 6b Accepted tender cost 5.15 AtStage 7 ‘Actual total cost 52 Progressive, on account, paymants shall be made by the Client othe Architect against any ofthe above stages based on the quantum of work done during that stage, as may be mutually agreed to between the Clent and the Achitec. 15.3 No deductions shal be made from the fee ofthe Architect on account of penalty, Iquidated damages, part rates or other sums withhelé ‘rom payment or recavered from contactors! supplier, 15.4 When the work is executed wholly or in part with olf material or labour or cariage is provided by the Client, the pe be calculated as ifthe work had been executed wholy by the contractor supplying all labour and new materials. tage of fees shal 555 The actual cost of the completed works shal include cost of execution of assigned works, referred to in Scope of Work, but excluding the cost of premises. 6. DOCUMENTATION AND COMMUNICATION CHARGES: ‘Apart from the professional fe, the Cllant shall pay tothe Architect Documentation and Communication charges, @ 10% ofthe professional fee payable tothe Architect tall stages. 7. REIMBURSABLE EXPENSES In addition to the amounts reimbursable against sit visits by the Architecl Consultant, the Cliont will reimburse the Architect the following ‘expenses incurred by him for discharge of his obligations: 7.01. Actual cos af travel (to & fro), boarding & lodging and local transport for any visit made by his stfto the site or such other place as may be necessary in connection withthe execution of work and in connection with the performance of duties refered to in this agreement, 7.02, Cost of presentation models, computer simulaton, presentation crawings, el. prepared al the instance ofthe Clent fr purposes other than the Design ard execution ofthe project. 8, CLIENT'S ROLE AND RESPONSIBILITIES : he Client shall d'scharge all his eb gations connected with the project and engagement of he Architect as follows 8.01 To provide detailed requirements ofthe proj 8.02 To provide property lease! ership documents. 18.03 To provide locaton plan, measured drawings and pholographs of existing space with fll structural and relevant details, existing services ‘and comman outlets to which proposed services can be connected, In case such information is nat readly availabe, the Cliont shall arrange forthe collection of necessary information and pay for the samo. 8.04 Te furnish specie conditions! statutory stipulations! codes of practice! sched of rates, etc. desired tobe followed, 8.05 To pay all the feos, loves, socurty doposts and oxponsos in respoct of statutory sanction, 8.08 To give effect tothe professional advice ofthe Architect and cause no changes in the drawings and decuments without the consent ofthe Architect. 8.07 To honour Architect’ bis within one month of ts submission 18.08 To appoint @ Construction Manager (Clerk of Works! Site Supervisor or Construction Management Agency incase ofa 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 pragress of workin his office. 9.02 The Architect shall appoint specialised consultants in consultation withthe Client, necessary. 29.03 The Architect shall be responsible for the direction and integration of the consultants work. The consultants, however, shall be fully responsible forthe calculations, the detaled design and periodic inspection and evaluation of the work entrusted to them. The Architect ‘shall, requested, make available the design calculations. 9.04 The Architect will advise the Client onthe Time Schedule (Bar CharUPERT/ CPM Network) prepared by the contractors fo the completion of work if require, 9.05 The Archtect shall supply to te Client, re of cost, upto six sels of drawings a diferent stages. 8.05 The Architect shall not make any deviations, alterations or omissions from the approved drawings, involving fancal implications without prior consent ofthe Client. 8.07 Any professional services to be rendered by the Architect atthe instance ofthe Client after the agreed project completion period shall be ‘compensated fr an mutually agreed terms 9.08 The Architect shall exercise all reasonable ski, care and dilgence 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 aecordance with the Condiions of Contact. 9.03 Any revision in the drawings, tenders and documents, once approved, required to be made by the Client shal be compensated as ‘addtional services rendered by the Architect and paid for @ 50% ofthe foe prescribed forthe relevant stago(s). 9.10 No change shall be made in the approved drawings and specications a site without the consent of the Architect, 9.11 Any curtailment of the professional services, beyond Stage 2, shall make it obligatory forthe client to pay at least 20% of the fe forthe remaining stage(s) ofthe curtalment work! services. 10, TIME SCHEDULE ‘The Architect shall, in consultation wth the Client, prepare a Time Schedule in respect of various services tobe rendered and discharge of lens obligations, 11. INDEMNIFICATION Inthe event that aclalm or sult ls brought agalnst the Architect or the Consultants by any third party for damages arising fram personal Injury oF property damage caused whally by the Client, or anyone emplayed by the Client, or anyane for whose acs the Client may be held responsible, then the Client shall indemnity the Architect and fully reimburse any loss, damage or expenses, including the attomey’s fees, which the Architect may incur in connection therewith 12, OWNERSHIP OF COPYRIGHT : Architectural design isan intellectual property ofthe Architect. The drawings, specications, documents and madels as instruments of service fare the property ofthe Architect whether the project, for which they are made, is executed or not. The Client shal retain copes of the Architect's ‘madels, drawings, specifications ane other documents for his Information and use in connection wit the project. These shal not be used for any other project by the Client or the Architect or any other person, except fr the repetition as stioulated in the Scale of Charges. 13, TERMINATION OF AGREEMENT 13.1. Agreement between the Architect and the Clent may be terminated by ether one giving the other a rtten notice of natless than 0 (hit) days, shoul ether fail substantially to perform his part of responsibilties! duties, so long as te fallure isnot caused by the one nating ‘he termination, 132 When termination of this Agreement isnot related or attributable, creclly 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 & 9.11 of Clause 9. 133. Inthe event of Achioct's frm closing its business or the Client having terminated the agreement, the Cent shall have the right o employ another Architact to completa the work, aller making payment to lhe previous architects frm, 14, INTERPRETATION Incase of any ambiguity or eiffeuty in the interpretation of the Conditions of Engagement and Scale of Charges, the interpretation ofthe Council of Architecture shall be final and binding on the Architect and the Chent 18, ARBITRATION : Al disputes or cifferences which may arise Between the Client and the Architect under “Conditions of Engagement and Scale of Charges” with regard to the meaning or inorpretalion or matter or things done or tobe dane in pursuance hereof, such dsputes and diferences shal be referred for arbitration tothe Counc! of Architecture. The arbitrator shal be appointed by the President, Councl of Architecture. The arbitration shall be ‘conducted as per the provisions of the Arbivation and Coneliation Act, 1996, The decision and award ofthe arbitrator shall be final and binding fon the Architect and his Client. eySCALE OF CHARGES ‘Type of Project! Services ‘Scope of Work & Services, Minimum feos/ Reimbursable expenses 1. Comprehensive Architectural Services 11 Housing |As described for Comprehensive Architectural | 1) Single lock Housing and sites upto 0.Shectare Services in the Conditions of Engagement 5 Percent on the cost of works assigned including Site Development but excluding | j) Fora ske more than 0.5 heclare and uplo 2.5, Landscape Architecture, Interior Architectur, hectares: "3.5 Percent on the cost of works Graphie Design ana Signage. assigned ii) Fora site more than 2.5 hectares and upto 5 hectares : 2.5 Percent on the cast of works assigned iv) Fora ste more than § hectares 2 Percent on ‘the cost of works assigned, Y)Invidual House 175 Percent on the cost of works assigned. Note “The foes payable in marginal cases in respect of clauses (i) 10 (¥) shall notbe less than the maxima foe payable in their respective preceding clauses. 1.2 All projects other than [As described for Comprehensive Architectural | 5 Percent on the cost of works assigned housing Services in the Conditions of Engagement including Site Development but excluding Landscape Architecture, Interior Architecturs Graphic Design and Signage, ‘As described for Comprehensive Architectural Services in the Conditions of Engagement except Landscape Architecture, Interior Architecture, Graphic Design & Signage and Site Development. 25 percent on the cost of works assigned, ‘As described for Comprehensive Architectural Services in the Conditions of Engagement except Landscape Architecture, Interior Architecture, Graphic Design & Signage and Site Development 35 percant an the cost of works assigned, ‘As described for Comprehensive Architectural Services in the Conditions of Engagement except Landscape Architecture, Interior Arcnitecture, Graphic Design and Signage [except 11 and 1.2, 725 Percent on the cost of works assigned. 1.2.1. Repetition ofthe building inthe ‘same campus 1.22. Repetition of the bulding at a diffrent site 1.3 Site Developmen (except 14 and 1.2] 14 Architectural Conservation! Rotrofiting/ Additions and alterations ‘As described for Comprehensive Architectural ‘Services in the Conditions of Engagement except Landscape Architecture, Inerior Architecture, Graphic Design and Signage. 7.5 Percent on the cost of works assigned. 2. Urban Design 'AS described for Urban Design! Urban Renewal in the Conditions of Engagement. i) Forall projects excopt Housing: 1 percent on the cost of works assigned, to be computed at a rate of Rs 6M per Squmt, of proposed bult-up area. i) Housing Projects 20 percent of the fee payable for housing, as Stated in sub-clause 1.1 above, on the cost of works assigned, to be computed al a rate of Rs OM per Squmi. of proposee buil-up area, ii) Incase of Urban Renewal projects fee payable shallbe 1 times ofthe fee stated above bases fn actual cost of works assigned. ‘Above fees are subject to a minimum of Rupees. 250M.‘Type of Project! Services ‘Scope of Work & Services Minimum fees/ Reimbursable expenses 3. Interior Architecture! Graphic design and signage [As described for Interior Architecture in the Conditions of Engagement, 75 percent onthe cost of works assigned 4 Landscape Architecture ‘As desorbed forLandscape Architecture inthe CCondlitons of Engagement, 75 petcent onthe cost of works assigned 5. Site visits Visits by an ArchitecVeonsutantin connection with Project for which commissioned 1) Outstation visit (2) Traveling, Boarding & Lodging Expenses (©) For each day 1) Local site visi feté visit ‘Actual Ait! AC First Class Fare (to & fro), AC Car, Boarding & Lodging Expenses and Local Transpo Re. aM Rs. 1M © Advisory Consultancy 7 Ouisiator 1) Local ‘Alas above at 5) (a) plus Rs. 10M por day oF pan thereat Rs. 4M per day or prt thereat. 7 Documentation and ‘Communication Charges ‘Applicable on all professional fee payable to the Arcitec. 10 percent ofthe professional fees. 8 Verification and Certification of Contractor's Bills \Verifcation of Contractor’ bils for payment. based on progress of works at site measurements of works Certified by the Construction Manager (Le. Clerk of Works! Site Supervisor or Construction Management ‘Ageney) and in accordance with Conditons of Contract, Drawings and instruction issued 1 percentin addition to above fees. Explanatory Notes: 1 2 For works costing upto Rs. 1500 M the professional fees may be negotable between the Architect and the Client. When an Architects engaged to under Landscape Architectural Services shal be reduced by 20% ‘The current value of M is 1000, 96 ke Comprehensive Architectural Services in respect of buildings! Site Development and! or Landscape [Arch tectral Services as a follow up of an Urban Design’ Uroan Renewal Scneme, his professional fe for Comprehensive Architectural Services!LETTER OF APPOINTMENT From Ret, To Date Dear Sir, \We have great pleasure in appointing your fim as our architects for Comprehensive Architectural services! Urban Design Landscape Architecture Interior Architecture as detailed below Project ‘Scope of work Fees Project Completion Period, ‘This letter of appointment together with Concitions of Engagement and Scale of Charges of Counci of Architecture, as appended herewith, shall gover the agreement. This letter is being sent in duplicate. One copy may please be signed in token of your acceptance and returmed to Us. ‘Thanking you Yours faithfully, (Signature of Cisnt) ACCEPTED Signature of Architect Name of the Architect Council of Architecture's Registration No, Date Place Seal ofthe Fim 96