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

ARCHITECT AGREEMENT

This Agreement is made at Mumbai this

Maharashtra State Police Housing & Welfare Corporation Ltd., Mumbai, a Government of Maharashtra Undertaking, (MSPH&WC Ltd.) having its Registered Office at Plot No.89-89A, Sir Pochkhanwala Road, Near Police Officers’ Mess, Worli, Mumbai - 400 030, hereinafter referred to as “the Client” (which express shall unless it be repugnant to the context or meaning thereof be deemed to mean and include its successors and assigns) of the One Part.

2014 between

day of

And a Company incorporated under

,

, having its Registered Office at “ ,

, hereinafter referred to as “the Architect” (which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include its successors and assigns) of the Other Part.

WHEREAS (a) The Client intends to proceed with the project namely “Construction of

(hereinafter referred to as “the said property”) and more particularly described in the Schedule hereunder written. (b) The Client wishes to appoint an Architect for the project and the Architect has agreed to accept such appointment for the consideration and upon the terms and conditions as mentioned hereinafter.

Now this Agreement witnesses and it is hereby agreed by and between the parties hereto as follows:-

1.0

DEFINITIONS AND ABBREVIATIONS:

1.1

Appointment: The Agreement between the Client and the Architect for the project as set out in Standard Form of Agreement documents.

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

1.2 Architect: The party specified as Architect in the Agreement mean and includes its successors and assigns. The Architect should be an Architect licensed to practice the profession of Architects under the Indian Architects Act, 1972 and registered with the Council of Architecture.

1.3 Budget : The sum the Client proposes to spend on the Project inclusive of:

Professional fees and expenses & Statutory charges.

1.4 Client: The party specified as Client in the Agreement means and include its successors or assigns or officers so designated.

1.5 Tender cost: The offer submitted by the contractor and accepted by client.

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

1.7 Detailed Estimate: The cost of work based on detailed drawing, design and detailed measurements and rate analysis for individual Items of work.

1.8 Project: As specified in the Agreement.

1.9 Services: The services to be provided by the Architect as specified in the Agreement herein below.

1.10 Site: As specified in the Agreement the place where those works are to be carried out.

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

1.12 Specialist / Expert / Other Consultant : A person or firm, other than the consultant, appointed by architect to provide expertise, skill and care, involving design, in the supply or manufacture of goods, materials or components or in the construction of parts of the Project.

1.13 Timetable: The timetable for the completion of the services by the Architect under this Agreement. Stages into which the process of designing building projects and administering building contracts is divided in accordance with this Agreement.

1.14 Works: The works to be carried out by the Construction contractor as described in the contract document.

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

1.16 BIS: Bureau of Indian Standard.

1.17 BSNL: Bharat Sanchar Nigam Limited.

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

1.18

BUA : Built Up Area of construction.

 

1.19

CIDCO: City and Industrial Development Corporation.

1.20

CRZ: Coastal Regulation Zone.

 

1.21

DILR: District Inspector of Land Record.

1.22

DP : Development Plan

1.23

DSR: District Schedule of Rates for the particular year and area / region.

1.24

EIRL: Extra Item Rate List.

 

1.25

ESR / GSR : Elevated Storage Reservoir / Ground Storage Reservoir

1.26

ID: Irrigation Department, Government of Maharashtra State.

1.27

IRC : Indian Road Congress.

 

1.28

MGL : Mahanagar Gas Limited.

1.29

MHADA : Maharashtra Housing And Development Authority.

1.30

MIDC : Maharashtra Industrial Development Corporation.

1.31

MJP : Maharashtra Jeevan Pradhikaran, Government of Maharashtra State.

1.32

MOEF : Ministry of Environment and Forest (both state & Central Govt.).

1.33

MORTH : Ministry of Road Transport & Highways.

1.34

MSEDC : Maharashtra State Electricity Distribution Company Ltd.

1.35

MTNL : Mahanagar Telephone Nigam Limited.

1.36

NBC : National Building Code.

 

1.37

OH LINES : Over Head Lines.

1.38

PMC : Project Management Consultant.

1.39

PWD : Public Works Department, Government of Maharashtra State.

1.40

RA Bill : Running Account Bill.

 

1.41

SEZ : Special Economic Zone.

1.42

TILR : Taluka Inspector of Land Record.

1.43

ZP : Zilla Parishad.

2.0

CONDITIONS

OF AGREEMENT

2.1

Scope of work:

The Architect Consultant shall provide comprehensive planning and design services in respect of the work for construction. Without prejudice to the generality of the aforesaid, the same shall, in particular, include the following:-

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

(a)

Site evaluation and analysis including site surveying and carrying out soil tests etc.

(b)

Environmental Impact Assessment.

(c)

Architectural work and site development.

(d)

Structural engineering work.

(e)

Sanitary, plumbing, drainage, water supply and sewerage work.

(f)

Electrical work (internal as well as external).

(g)

Landscape work.

(h)

Preparation of a detailed estimate on basis of District Schedule Rates (D.S.R.) applicable to the region and year.

(i)

Preparation of a draft tender document with all accompaniments including all the working drawings.

(j)

Obtaining all the approvals from local competent authorities.

Note :

1) The designs for all items shall be as per B.I.S. Code, NBC / MORTH and all other regulation as may be applicable and I.R.C. 2) All specialized works shall be done through professional experts in the employment of the Architect or otherwise in the respective fields.

2.2

FEES PAYABLE TO THE ARCHITECT FOR THE SERVICES RENDERED TO THE CLIENT (See para 2.3)

For the services mentioned in the scope of the work the Architect shall be paid the fees in the following manner.

(i) The Architect shall be paid total fees at the rate given below of the estimated cost or tendered cost whichever is less, subject to completion of all activities as mentioned in para 2.3 inclusive of all taxes.

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

 

Cost of project

For Non repetitive work

 

For repetitive work

 

% of fee

Amt. of fee

 

% of fee

Amt. of fee

Above Rs. 100 Crore

1.00

%

Rs. 100.00 Lakh & more

 

0.65 %

Rs. 65 Lakh & more

Rs. 75 to 100 Crore

1.25% -

Rs. 94 to 100 Lakh

0.75

% to 0.65 %

Rs. 56 to 65 Lakh

1.00%

 

Rs. 50 to 75 Crore

1.50

% -

Upto Rs. 75 to

1.00

% to 0.75 %

Rs. 50 to

1.25

%

94

Lakh

 

56 Lakh

Rs. 25 to 50 Crore

1.75

% -

Upto Rs. 44 to

1.25

% to 1.00 %

Rs. 32 to

1.50

%

75

Lakh

 

50

Lakh

Rs. 15 to 25 Crore

2.00

% -

Upto Rs. 30 to

1.50

% to 1.25 %

Rs. 23 to

1.75

%

44

Lakh

 

32

Lakh

Rs.

5 to 15 Crore

3.00

% -

Upto Rs. 15

2.50

% to 1.50 %

Rs. 13 to

 

2.00

%

to 30 Lakh

 

23

Lakh

Rs.

3

to

5 Crore

4.00

% -

Upto Rs. 12 to

3.50

% to 2.50 %

Rs. 11 to

 

3 .00 %

15

Lakh

 

13

Lakh

Upto Rs. 3.00 Crore

4 .00 %

Upto Rs. 12 Lakh & less

 

3.50%

Rs. 11 Lakh

Note : 1) Architect fee is including the fee of all sub consultant required for completion of project such as Structural Consultant, Electrical Consultant, Water supply and drainage consultant, Air-conditioning consultant, landscape consultant etc. 2) Structural consultant and Electrical consultant if not visiting the sites regularly or not providing services due to non payment by Architect then the fee of Architect against structural consultant will be deducted as 25 % of total fee and 15 % for electrical consultant and for other consultant about 10 % of total fee to each consultant but not more than 50 % of total fee and the fee of sub consultant will done by client but directly.

(ii)

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

(iii)

No fee shall be due and payable against the price variation paid to/recovered from Contractor.

(iv)

If the project is not taken up due to some or other reason(s) the architect will be

paid upto the stage(s) accomplished on the actual estimated cost of building /

project.

(v)

Initially the payment will be made to architect based on estimated cost till the

determination of the tendered cost of the project. Such payments made to the

Architect on this account shall be adjusted against the final amount payable.

2.3 SCHEDULE

OF

SERVICE,

STAGES

OF

WORK,

DUTIES,

RESPONSIBILITIES AND PAYMENT TO THE ARCHITECT:

The Architect shall after taking instruction from the Client render the services mentioned

in stages of work mentioned below. Architect will be paid fees in the following manner

on account of services provided to the client there to.

Note:

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

1)

The payment to the particular stage will be made only when all the activities during

2)

that particular stage are completed. Maximum time limit for the work from stage 1 to 7 shall be 5 (five) months from the date of appointment order of the Architect.

(A) PRE TENDER ACTIVITIES

Stage

 

Description of the work.

Fees

Total

No.

 

payable

fees

for the

payable

sub stages

for the

of work.

stage.

1.

(i)

Obtaining & submission of latest updated property

0.40%

2% of

cards of land where proposed building or project is planned and other details along with information about the DP reservations, & other restrictions like CRZ, SEZ, Civil Aviation, MOEF, Agricultural land etc and other details about the ownership of land & encroachment(s) over the land, if any, from competent authority.

the total

fees

payable.

 

(ii)

Obtaining and submission of land details from local

0.40%

 

competent authorities, details of boundaries, demarcation from DILR or any other competent authority and

measurements of land, as may be applicable in that area.

(iii)

Submission of a site plan to a suitable scale

0.40%

showing all details such as existing structures with dimensions, poles, trees, over head lines, boundaries, existing roads and proposed roads or paths of PWD, ZP, Municipal corporations or councils and other bodies such as CIDCO, etc. existing over ground or under ground services and utility lines and such other lines from which the connections for the proposed buildings or structure

could be obtained.

(iv)

Fixing boundary stones or poles as per the

0.40%

specifications with approval of client. The cost towards fixing the boundary stones or poles will be reimbursed by the client based on the approved estimate by the client as per the prevailing DSR rates of the year.

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

 

(v)

Submission of preliminary site report with details of

0.40%

 

existing features and amenities viz. sources of water and electricity, approach roads etc. available and furnishing

of block estimate based on DSR, if required by the client.

2.

(i)

Carrying out and submission of Plane Table Survey

   

and Contour Survey with interval of 0.5m or smaller for

0.30%

3% of

the entire land showing value and location of

the total

fees

Temporary Bench Mark (TBM) on permanent structure, with the help of latest sophisticated instruments, viz. total station, one second theodolite, Electronic Distance Measurements (EDM) etc.

payable.

(ii)

Performing Plane Table Survey for the entire plot of

0.30%

land, preparing the drawings thereof showing all details such as existing structures / trees / poles / all over head

lines / layout of utility lines / fire hydrants etc. and submit the drawings and details to the client. (iii) The Architect shall show the position of buildings on ground to the Client and user departments before finalizing the layout. The Architect should verify D.P. reservations before starting any work.

0.30%

(iv) The Architect should avoid shifting of High Tension and Low Tension electrical cables, pipe lines, etc. as far as possible. Architect shall contact competent authorities and also study the site conditions for obtaining above details. Correspondence shall be made with various agencies viz. MSEDC, MJP, PWD, ID, MIDC, ZP, MGL, BSNL, MTNL, MHADA, CIDCO and municipal corporations or councils for detecting the various utility lines, wherever applicable. Submission of detailed site report with all details.

0.30%

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

(v)

Preparation & submission of Preliminary master

0.60%

layout plan for the entire land and preliminary individual building plans including tentative infrastructural

amenities layout plans for the entire project.

(vi)

Getting approval to the master layout plan from the

0.30%

client and other appropriate authority as may be required.

(vii)

Architect shall submit the names alongwith detailed

0.30%

credentials and addresses with contact number and e- mail ID of various consultants designated / appointed by

him for this project. viz:

a) Geotechnical consultant(s),

b) Structural designer,

c) Electrical consultant(s),

d) Plumbing and sanitation consultant,

e) Water supply and sewerage consultant,

f) Land scaping consultant,

g) Interior Decorator,

h) Green building expert, wherever applicable,

i) Environmental Consultant for MOEF etc.

(viii) Architect shall arrange discussions and meetings power point presentations at the clients office or site as may be decided by the client and bring these consultants

0.30%

for the discussions, meetings & power point presentation with client as and when required.

(ix)

Architect shall give detailed suggestions / advice

0.30%

from time to time to Client in respect of any questions

involving economy and aesthetics during the planning and execution of the work, as and when required by the Client.

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

 

Note : The consultant shall not be changed without permission of the client. Any changes shall be intimated to the client in advance.

   

3.

(i) Submission to and approval by the Client of detailed layout plan, building plans etc., along with reports from professional experts mentioned in stage 2(vii) whenever required.

2.00%

4% of

the total

fees

payable.

(ii/a) Taking of trial pits for ascertaining safe bearing capacity and depths of foundations will be responsibility of Architect.

1.50%

(ii/b) Expenses for taking trial prits, are included in Architect’s fees and nothing extra will be paid by the Client on this account.

(ii/c) Taking of trial bores, if required, with prior permission of the Client and required laboratory test on trial bore samples.

(ii/d) Expenses for taking of trial bores, and required laboratory test on trial bore samples, will be borne by the Client based on prevailing DSR rates of the year.

(ii/e) Furnishing reports based on trial pit / trial bore on soil conditions and soil tests by appointing expert in soil investigation by obtaining soil details, foundation strata, safe bearing capacity, type of foundation etc. for foundation design.

(iii) Obtaining District Schedule of Rates (DSRs) of various departments viz. PWD, MJP, MIDC, MSEDC etc. of respective region and year.

0.25%

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

 

Obtaining PWD specification books (Red Books) and all other documents pertaining to the work. (iv)Architect shall prepare and arrange the power point presentation indicating the scope of work, all the salient features of the work and drawing etc to the client. Architect shall submit the photos and video CD/Walk through in this regard.

0.25%

 

4.

(i) Submission to and approval by the client the detailed working drawings required for execution of individual buildings and individual internal items of project such as window Grill pattern and design of gates, door details, kitchen platform, center line plans, plumbing details, sanitation details, flooring patterns, toilet block details, staircase and railing details, internal electrification details, typical furniture arrangement details etc.

7.00%

10% of

the total

fees

payable

2.00%

(ii) Submission to and approval by the client to detailed working drawings required for execution of individual external items of the project such as external electrification details including load calculation, road cross section, longitudinal section, Storm Water drains, sewerage details, water supply details, ESR/GSR including design calculation report, colour shades of the buildings. (iii) Submission to and approval by the client to detailed working drawings required for execution of individual items viz. landscaping, tapping points of water and electricity, structural drawing, etc. Architect shall ensure that all the details necessary for the execution of the project are submitted to the client.

1.00%

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

 

Note:

 

All drawings shall be of A2 size.

5.

(i) Submission of designs of Reinforced Cement Concrete (R.C.C.) and steel design of buildings and RCC and hydraulics designs of infrastructure amenities such as water supply scheme, drainage scheme, electrical amenities, CD works, Nalla crossing and training works, bridge(s), box or pipe culverts, retaining wall etc.

Note :- 1) Architect shall appoint Structural Consultant having minimum 10 years experience in design of multi-storied structures. Structural Consultant shall have professional registration with local authority such as Municipal Corporation/Council etc. in respective category.

15% of

the total

fees

payable.

2) Architect shall get approval to Structural Consulting firm from the Client before start of work.

3) The structural designer shall sign on each schedule. Schedule should also give detailed bar bending details.

4) If in house expertise mentioned in para 2(vi) is available, the separate appointment of consultant is not necessary. 5) The design shall satisfy all provisions of latest Indian Standards (I.S.) codes including seismic/wind loads and other loads as may be applicable. 6) Structural Consultant shall design structures based on STADD PRO Software of latest edition and submit all computer Input / outputs file (soft & hard copy) duly signed to client.

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

 

A)

Architect shall obtain / get approval to location of

2.50%

 

column, section of column, beam and slab etc. from

client before start of designing of structure

B)

Submission of Input data file soft and hard copy

5.00%

duly signed with detail such as joint coordinate, design data of concrete, steel, wall load, slab load, earthquake & wind load, design load combination etc.

C)

Submission of output data file soft / hard copy duly

5.00%

signed by Architect & Structural Consultant in respect Design of foundation column, beam, slab, deflection of

structures or any heavy span of member etc.

D)

Submission of structural drawing duly signed by

2.50%

Architect & structural design engineer.

6.

(i) Submission of perspective view(s).

1.00%

7% of

(ii) Obtaining approval from competent statutory authorities, viz. Non Agricultural (NA) permission, tree cutting permission(s), building permission(s). Commencement certificate, MOEF / CRZ / Civil Aviation clearance, etc., wherever required.

Note:

1.50%

the total

fees

payable.

a)

Statutory fees in all these respects will be paid by the

client.

b)

Consultancy fees in respect of CRZ/MOEF etc. will

be paid on approval by client.

(iii) Detailed estimates shall be prepared in the standard manner and format of PWD, Maharashtra State, based on DSR. Regarding non-DSR item, rate analysis shall be prepared and got approved from client.

2.50%

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

 

All the measurements, rate analysis and abstract sheets, lead chart duly certified by PWD shall be submitted in bound booklet form with hard and transparent cover. The

   

name of the project and the year of the DSR shall clearly appear on the front page.

(iv)

All drawings and estimates shall be duly signed with

0.50 %

name and date and stamped by the Architect and the respective consultant. Note:

All calculations shall be done in MS Excel format. Soft and hard copy of the estimate shall be produced in

triplicate.

(v)

Architect shall submit actual details of reinforcing

1.00%

steel, diameter wise, based on and according to structural

drawing including measurements and consumption on the basis of bar bending schedules in a bound booklet form.

(vi)

Architect shall also submit the actual item wise and

0.50%

work wise cement consumption based on estimate in a bound booklet form.

7

(i) Submission of five sets of draft tender papers set and five sets of detailed working drawings alongwith required documents sufficient for the publication of notice inviting tenders and finalization of tender, along with soft copy of the same to the Client. Architect shall also submit additional 20 (twenty) sets of tender documents and above drawings at the pre approved cost which will be paid by the client if necessary.

8.00%

10% of

the total

fees

payable

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

 

(ii) Architect shall remain present and give power point

1.50%

 

presentation illustrating the scope of work, all salient

features of the project including planning, designing and

estimates with perspective views of all buildings and

infrastructure for the pre bid meeting.

Keeping the interest of the client, Architect shall assist

the Client in negotiating with the bidder and advise client

over acceptability and reasonability of the bidders offer.

Architect shall make independent market enquiry for the

rates of materials for updating the estimated cost of the

work, if required.

(iii) Architect shall prepare minutes of the pre-bid

0.50%

meeting & submit to client duly signed on each page.

 

Total 1 to 8 (A) =

51.00%

(B)

POST TENDER ACTIVITIES

 

Stage

Description of the work.

Fees

Total

No.

payable

fees

for the

payable

sub stages

for the

of work.

stage.

8.

(i) Obtaining requisite certificates, viz., plinth checking

1.00%

25% of

certificate and other details and certificates as may be

the total

required from local statutory authorities.

fee

payable

Submission of additional details for execution as and

when required.

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

(ii) Architect shall have to visit the site of work, office of the Client, office of the Project Management Consultant’s, office of the unit Commander, the various other offices of the Statutory bodies as and when required for which no traveling or daily allowances or other expenses are payable.

1.00%

 

Note:

Fees prescribed for this stage will be paid after completion of the project. (iii) Architect shall ensure the visit of Structural Consultant to the site who should personally inspect and certify in writing the suitability of foundation strata, reinforcement checking of columns, beams and floor slabs and other important structures such as Under Ground Water Tank, Elevated Storage Reservoir, Heavy loaded/Longer span of Beam/Slab, Over head water tank, etc.

Structural Consultant shall visit the project site as and when necessary. Architect shall notify such visit to the client through report duly certified by the P.M.C.

A) Certifying foundation strata, submission of certificate, completion of foundation work.

3.00%

B)

Completion of all R.C.C. work, checking of steel

3.00%

placement, Certifying R.C.C. work etc.

C)

Submission of as built R.C.C. drawing and stability

4.00%

certificate. (iv) Architect shall pay at least fortnightly visits to the project and check the specifications adopted and advise

6.00%

contractor over the quality of the R.C.C. work & other works.

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

Note:

 

If it is observed that Architect has not visited the work every fort night(s) period or incomplete fortnight report, an amount of Rs.5000/ (Rupees five thousand only) will be deducted per fortnight visit or report from the fee payable to Architect.

(v) Architect shall approve various samples according to the contract agreement with the contractor during the course of execution and certify the RA Bills of the contractor by referring the chapter of list of approve materials mentioned in tender document.

1.00%

The certificate shall clearly mention whether the entire work has been carried out as per the tender drawings and specifications mentioned in tender.

(vi) All other consultants shall also visit the project during the period while the particular activity is going on. Visits of the consultants along with their name, date of report shall be notified to the client by the Architect through P.M.C.

A) Report of Electrical Consultant about material, material quality, specification, design load, test report, etc, & submission of completion certificate.

3.00%

3.00%

B) Report of water supply and drainage consultant about material, material quality, specification, test report, design calculation etc,. & submission of completion certificate.

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

9

(i)

On completion of work and obtaining the completion

7.00%

8% of

certificate from competent authority, ensuring drainage connection, water connection, electrical connection and finally completion and Occupation Certificate and other approvals from all statutory bodies.

Note:

the total

fees

payable.

The actual charges, deposits and all other dues, etc. towards obtaining the various connections will be paid by the contractor or the client as the case may be.

(ii) Preparation of inventory before handing over of the project. Joint checking of the work along with the PMC, contractor and the user Deptt. Preparation of handing over note to the user Deptt.

0.50%

(iii) Actual handing over of the project to the user Deptt, and taking the same on the Printed Register of Buildings (PRB) of the PWD.

0.50%

10

Preparation and submission of the As Built Drawings in five sets to the client along with the multiangle coloured photographs of A4 size and colour VDO CD in five sets.

4.00%

4% of

the total

fees

payable

11

(i)

Paying regular quarterly visits to the project during

8.00%

10 % of the total fee.

the Defect Liability Period (DLP) of 5 (five) years from the date of handing over of the project to the user department and advising the client and contractor over the defects arisen during the DLP.

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

 

(ii) Keeping close liaison with the user department for remedial measures of the defects noticed during the Defect Liability Period and compliance of any further specific requirements of the Client, as may be required, during defect liability period. The quarterly report of the visits to the project during the DLP period shall be submitted to client duly certified and authenticated by user agency.

2.00%

 

12

Architect shall ensure that there are no dampness or leakages or any damages of any sort to the items of the water proofing for which the guarantee period is of 7

2.00%

2.00% of

the total

fee

(seven) years. Note:

payable.

The fees will be paid after expiry of the period of 7 (seven) years upon receipt of Architect certificate and jointly signed with User Department.

 

Total 8 to 12 (B)

49.00%

 

Total 1 to 12 (A) + (B) =

100.00%

Note :- i) Architect shall submit his bill along with full description in remark column about service provided and pending services.

ii) Architect shall not claim payment against pending services or incomplete stages of

work.

iii) All payments paid to Architect are advance payments in the form of running account bills & it can adjusted at any stage as well as during finalization of final bill.

iv) The client reserves the right to carry out the services independently from the Structural

Consultant if desired & payment will be made to structural consultant. v) Architect shall submit contract agreement executed with other consultant such as R.C.C. consultant, Electrical consultant, Water Supply & Drainage consultant for verification of

terms and conditions and for record purpose.

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

2.4 EFFECTING PAYMENMT TO THE ARCHITECT:

(a)

No deductions will be made from the fees of the Architect on account of penalty, liquidated damages, part rates or other sums withheld from payment or recovering from the Contractor.

(b)

In case only a part of the project is continued beyond any stage, no further payment shall be made to the Architect for the part not executed. Further payments shall be released proportionate to the part continued beyond the above stage.

(c)

The cost of references to be made by the Architect to his in house professional experts or outside professional experts are included in Architect’s fees and nothing extra will be paid by the Client on this account.

2.5 ARCHITECT’S RESPONSIBILITIES/OBLIGATIONS:

(a)

The Architect shall, in providing the services exercise exceptional skill and care in conformity with the normal standards of the Architect’s profession as mentioned in para 2.3.

(b)

The Architect shall act on behalf of the Client in the matters set out or necessarily implied in the appointment. The Architect shall at those points and/or dates referred in the timetable obtain the authority of the Client before proceeding with the services.

(c)

The Architect shall make no material alteration to, or additions to or omission from the services without the knowledge and consent of the Client except in case of emergency when the Architect shall inform the Client without delay.

(d)

The Architect shall inform the Client upon its becoming apparent that there is any incompatibility between any of the Client’s requirements the budget and the timetable or any need to vary any part of them.

(e)

The Architect shall inform the Client on its becoming apparent that the services and/or the fees and/or any other part of the appointment and/or any information or approval needs to be varied.

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

 

(f)

The Architect shall not assign the whole or any part of the benefit or in any way transfer the obligation of the appointment to any other agency without the consent in writing of the Client.

(g)

The Architect shall not sub-contract any of the services without the consent in writing of the Client.

(h)

If any deviation or deficiency in the work done by the contractor is noticed during this inspection and visits he shall ensure that all such defects or faults or lacunas are rectified to the full extent and work is made good as per the tendered specifications and quality. Architect shall comply and report the action being taken by him in this regard. Architect shall ensure that no payment of such work is made to the contractor till entire rectification to the fullest extent.

(i)

Architect shall have to give N.O.C. in case of withdrawal of services or under termination of services of this agreement.

2.6

CLIENTS RESPONSIBILITIES/ OBLIGATIONS:

 

(a)

Providing requirements of the Project such as type wise number of tenements required details of work e.g. number of buildings and other details.

(b)

Providing broad outline, detailed specifications, the layout and building plans as early as possible.

(c)

Paying the fees of the Architect on time.

(d)

Advising condition to the Architect of the relative priorities of the Client’s requirement, the budget, and the time table and inform the Architect of any variations to any of them.

(e)

The Client shall give such decisions and approvals as are necessary for the performance of the services and at such times as to enable the Architect to comply with the time table.

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

3.0

PROJECT CO-ORDINATION COMMITTEE.

 

3.1

A Project Co-ordination Committee shall be as follows:-

 

Managing Director, M.S.PH.& W.C.Ltd, General Manager, , M.S.PH.& W.C.Ltd,

- Chairman - Dy. Chairman

Superintending/Chief Engineer, M.S.PH.& W.C.Ltd, - Member

Chief Accounts Officer, M.S.PH.& W.C.Ltd, Representative of user Deptt. Executive Engineer, M.S.PH.& W.C.Ltd, Architect and Project Management Consultant

- Member - Special invitee - Convener - Presenting Officers

 

3.2

The Project Co-ordination Committee shall discuss the drawings and documents submitted by the Architect and give decisions thereon as early as possible to avoid unreasonable delay in the progress of the Architect’s work.

 

The Committee shall also decide the payment of claims/actual cost to Architect for additional services rendered if any.

 

3.3

The Managing Director may co-opt more members and also change the composition of the Project C0-ordination Committee as and when required.

4.0

RESPONSIBILITIES ON EXTRA ITEM RATE LISTS ( EIRLs )

 

4.1

All conditions as mentioned in the payment schedule shall be applicable for EIRL also.

4.2

Architect shall prepare drawings, layouts, structural designs etc for the new and additional i.e. extra items cropping up during the course of execution of the main work.

4.3

If it is noticed that the extra items are cropping up due to the defective planning, designing or due to wrong orders of the Architect, no fees will be paid over the cost of such extra items. And amount equal to 100 % of the cost of extra items will be recovered from the fees of the Architect if extra items are required to be executed due to the faults of the Architect.

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

 

4.4

However, if the extra or additional items crop up due to demand of the user

 

department or due to suggestions from the client, no amount will be deducted

from the fees of the Architect.

 

5.0

RESPONSIBILITY

DURING

THE

EXTENDED

PERIOD

OF

THE

EXECUTION:

 

5.1

No payment will be made to the Architect during the period of termination and

 

reappointment of the main contractor.

 

6.0

ARCHITECTS RESPONSIBILITIES IN CASE OF TERMINATION OF MAIN CONTRACTOR

 

6.1

In case of termination of contract between the client and the main contractor,

 

Architect shall prepare detailed estimate based on the current DSR and draft

tender papers of balance work based on the joint measurements taken by the

Project Management Consultant of the project.

 
 

6.2

Architect will be paid for stages of work as may be applicable based on new

 

balance estimated cost of work or tendered cost whichever is less. Conditions as

mentioned in para 2.3 will be applicable mutatis mutandis to the balance work to

be done by the Architect.

 

7.0

DISQUALIFICATION

FOR

FURTHER

ASSIGNMENTS

TO

THE

ARCHITECT AND WITHDRAWL OF WORK / ASSIGNMENT:-

If the Architect fails to act in conformity with the practices and ethics of the

profession and/or his work / services are not found satisfactory, he will not be

eligible to assignment of any further works of the Client thereafter, and services

for such work of remaining stage shall be liable to be withdrawn from him with

15 (fifteen) days notice.

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

8.0 GENERAL CONDITIONS OF THE AGREEMENT:-

8.1 All the stages of work shall be completed by the Architect and the necessary approval shall be given by the Client according to the time schedule mutually agreed upon. The works throughout he stipulated period of contract will be carried out with due diligence.

8.2 In the event of the failure on the part of the Architect to complete their work in time or the Architect committing a breach of any one or more of the terms and conditions of the agreement, the Client shall be entitled to rescind this Agreement without prejudice to its rights to claim damages or remedies under the law. The period of notice to be given to rescind the contract will be 15 days from the date of issue of letter by client. If the contract is terminated by client then the Architect shall be bound to give ‘N.O.C’, if required.

8.3 Architect shall advise on the “time and progress chart” prepared by the contractors and/or Project Management Consultant for the completion of the work, if required.

8.4 The Architect shall assume full responsibility for the professional requirements and correctness of the designs and specification for all the items of work described in the scope of work. The Client will have full access to the details of the calculations and the structural designs for purpose of scrutiny.

8.5 The Architect shall advise officers of the Client regarding the work under execution during their visits to the site and submit reports on their observations. Architect shall be invariably remain present at site of work during such inspection of client or his representative.

8.6 The Architect shall make necessary revisions as may be required by the Client in the drawings and other documents submitted by them free of cost.

8.7 No changes shall be made in the approved drawings and specifications at site by the Architect without the prior consent of the Client.

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

8.8

The Client shall have the liberty to potstone or not to execute any work and the Architect shall not be entitled to any compensation or damage for such postponement or non- execution of the work except the fees which are payable to the Architect up to stage of services then completed.

8.9

The executive control of the work, as far as this agreement is concerned, shall be

with the client

or any other officer so designated by the client.

8.10

The Architect shall ensure that the contractor is furnished with drawings and plan/plan(s) at the time/time(s) appointed and specified in the contract to be made between the Client and the contractor. If the Architect fails or neglects or omits to furnish drawings or plans to the contractor accordingly the Architect shall pay to the Client compensation for any loss or damage arising from such neglect, failure or omission, particularly to meet with the claim or demand if any, presented by the contractor against the Client for loss or damage suffered in consequence of the delayed supply of drawings to the contractor.

8.11

It is hereby agreed and declared that the contract herein is intended to be job oriented and not time oriented and the Architect shall not be entitled to claim any compensation in the event of the time estimated for the completion of the job being extended other than the extensions given to the contractor for completion of the work or enlarged for any reason whatsoever.

8.12

Copyright of all documents and drawings prepared by the Architect and for in any work executed from those documents and drawings of the Project shall remain the property of the Client.

8.13

The company of Architect is a partnership firm or Private / Public Limited, Proprietary company, no change in the constitution of such partnership or no change in the constitution of Board of Directors of the company shall be made without the express written consent of the Client during the currency of the contract with the Client.

9.0 TERMINATION:

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

9.1 In the event of the Client not satisfied with the work done by the Architect, the Client shall give 15 (fifteen) days notice in writing to rectify the defects and or complete the work. If the Client is not satisfied with reply of aforesaid notice, the Client can terminate this Agreement and the Architect shall be liable to pay damages which shall be calculated by the client or professional expert of the client.

9.2 In the event of the Architect through death or incapacity is unable to provide the services the appointment shall thereby be terminated.

9.3 In the event of the Architect’s firm closing its business, the appointment shall be thereby terminated and the Client shall have the power to employ any other agency to complete the work irrespective of settling of dues of the Architect by the Project Co-ordination Committee.

9.4 The termination of the appointment of the Architect shall be without prejudice to the accrued rights and remedies of the client.

9.5 Architects who are not registered with the Council of Architecture or who fail to renew his / her / their registration for the current calendar year shall terminated on the happening of such event.

9.6 In the event of failure to comply with or abide by the general conditions of this agreement.

9.7 In the event of liquidated damages / penalty imposed on Architect equal or exceeding 10 % of the total fees payable. (vide clause 10).

10.0 RECOVERY OF COMPENSATION AND PENALTY IMPOSED :

10.1 Architect will be subjected to recovery of compensation in the form of liquidated damages and penalty imposed in the following events:

(i) In the event of failure to comply with the instructions of the client;

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

(ii)

If the faults in planning, designing and execution are noticed by client at any time;

(iii)

If there is over payment to the contractor due to wrong certification of the bills;

(iv)

If the perfunctory approach towards the work is noticed by client at any stage.

10.2

The amount of the liquidated damages and/or penalty to be imposed will be decided by the client depending upon the situation.

10.3

The amount of compensation may be equivalent to the loss suffered by the client. The penalty imposed may be to the extent of fees payable.

11.0 INDEMNITY BOND:

(a)

The Architect shall exercise the best of his professional capacity and care, expertise and experience in the performance of this contract agreement and shall be liable for compensation to the Client for any damage or loss arising from want of such care and capacity or expertise and experience or neglect of professional duty.

(b)

The Architect shall indemnify and keep indemnified the Client against any damage or loss to be suffered by the Client in consequence of such neglect or incompetence of the Architect in the performances of his duties or functions under this agreement. The Architect shall deposit Indemnity @ 10% of the total fees payable to them.

(c)

The indemnity shall be enforceable in Mumbai.

The Architect shall deposit 1% of the total fees payable to them in form of Bank Guarantee or FDR at the time of entering into an agreement Rest of the 9% of the Fees payable will be recovered from their bills in the following ways,

1. 4% of the total fees payable shall be deducted from the first bill of the Architect. 2. The remaining 5% will be deducted in subsequent five bills in equal installments, i.e. 1% each of the total fees to be paid.

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

(d) The bank guarantee submitted as above by Architect shall remain valid and in force during the period starting from the date of appointment upto expiry of Defect Liability Period (DLP) of the Project. During defects liability period, if it is found that certain risk or damage or loss has occurred due to the defective execution of the work, delay in execution of assignment, non compliance of the instructions pertaining to the project work, negligence in supervision, over payment to the contractor due to wrong certification of bills or errors in recommending payments etc. the Client will be entitled to recover the amount of such loss from the Architect by encashing the bank guarantee or fixed deposit receipt submitted by him as above. The bank guarantee shall be submitted to the client or 10.00% of the cash of the total fees payable shall be deposited with the client within 15 (Fifteen) days from the date of appointment order of the Architect.

12.0

DISPUTE RESOLUTION MECHANISM:

Any difference and dispute arising between the Client and the Architect on any matter connected with this agreement including its interpretation will be deemed to have arisen on work site and will be settled by the Client. If the Architect is not satisfied with the decision of Client such difference or dispute will be settled by the expert mutually appointed by the client and Architect. Nothing contained herein shall be construed as an agreement of arbitration.

13.0

GOVERNING LAW:

(a)

The application of the appointment shall be governed by the law of India.

(b)

The conditions / headings are for the convenience of the parties to this Agreement only and do not affect its interpretation.

(c)

All disputes shall subject to Mumbai jurisdiction.

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

SCHEDULE ABOVE REFERRED TO

IN WITNESS WHEREOF the parties hereto have hereunto set their respective hands and seal the day and year first hereinabove written.

Signed, Sealed and Delivered by the

)

with named Client, The Maharashtra State

)

Police Housing & Welfare Corporation Ltd. )

in the presence of:

)

Signed, Sealed and Delivered by the

)

with named Architect

)

)

in the presence of: