MEMORANDOM OF AGREEMENT
MEMORANDUM OF AGREEMENT BETWEEN CLIENT AND
ARCHITECT MEMORANDUM OF AGREEMENT made this day of
19 between.............................................. (Name of Client) whose registered
office is situated at
...........................................................................................................................
(hereinafter called "the Client" which expression
includes his/their legal representatives, successors in title and assigns) of the one part
and..................................................... (name of Architect/Architect's
Firm) practising as architect at
..............................................................................................................................................
(hereinafter called "the Architect" which
expression includes his/legal representatives, successors in titles and permitted assigns)
of the other part.
WHEREAS the Client intends to construct and complete
(description of intended
works)...................................................................................................................................
at..........................................................................................................................................
(location of project) (hereinafter called "the project")
AND WHEREAS the Client is desirous of appointing the
Architect as the architect to provide professional architectural services for the Project
on the terms and conditions hereinafter appearing.
NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BETWEEN
THE PARTIES HERETO AS FOLLOWS :
1. Appointment of Architect
The Client hereby appoints the Architect as the architect for
the project and the Architect hereby accepts the said appointment on the terms and
conditions contained in this Agreement.
2. Architect's Remuneration
In consideration of the Architect providing the professional
services required the Client hereby agrees to pay the Architect the fees, disbursements
and other expenses stipulated in the Schedule hereto.
Schedule of Architect's Fees
The Client shall pay to the Architect the professional fees,
disbursements and other expenses as follows :-
S.1 SERVICES FEE BASIS
Basic Services
Additional/Special Services
S.2 PERCENTAGE FEES Fees based on percentage of the total
construction costs shall be calculated as follows :-
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S.3 LUMP SUM FEES Lump sum fees shall be as follows :-
...........................................................................................
S.4 TIME CHARGES FEES Rates for fees charged on a time basis
shall be:-
1. For Principal
Architects/Partners/Directors |
RM250 |
per hour |
2. For Staff |
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Senior Architects
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RM200 |
per hour |
Architects
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RM150 |
per hour |
Technicians
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RM80 |
per hour |
S.5 DISBURSEMENT OF EXPENSES
The professional fees payable as abovementioned are exclusive
of all disbursements and expenses as stipulated in the paragraph 2.3(6)(c) of Part 2 of
these Conditions |
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S.6 SPECIAL CONDITIONS |
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IN WITNESS WHEREOF the parties
hereto have hereunto set their hands the day and year first above written. |
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SIGNED by the abovenamed Client . |
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Signature |
............... |
............... |
The Common Seal of the Client
hereunto fixed |
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in the presence of |
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Signature of the Witness Name : .................................................
Address ................................................. |
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SIGNED by the Architect |
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Signature |
.............. |
............... |
in the presence of |
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Signature of the Witness Name : .................................................
Address ................................................. |
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CONDITIONS OF APPOINTMENT
PART 1: CONDITIONS OF APPOINTMENT 1.1 ARCHITECT'S RESPONSIBILITY AND
AUTHORITY
(1) Service
In providing the services to the client, the Architect shall exercise a reasonable
standard of skill and care in conformity with the normal standards of the practice of
Architecture in Malaysia.
(2) Authority
The professional services provided by the Architect are generally related to the
planning and design of buildings including all preceding and follow-up services necessary
to interpret and implement the design intention to achieve final completion of the work.
The Client authorises the Architect to act as the Client's agent in such matters as
set out or implied in the Agreement and as set out or implied in the particular contract
or contracts adopted for the project
Where the Architect's services include contract administration, all instructions to
the building contractor shall be given by the Architect unless the contract specifically
provides otherwise in the Building Contract.
(3) Changes to Design
The Architect shall not make any material alteration to, addition to or omission
from the approved design without the consent of the Client, except in cases in which they
are necessary to comply with statutory requirements and/or for constructional reasons. In
which case, the Architect shall subsequently notify the Client promptly in writing and the
additional cost incurred shall be paid by the Client.
(4) Changes to Cost or Time
The Architect shall inform the Client in writing within reasonable time if the
Architect has reason to believe that the authorised expenditure or the approved time
program (if any) for the project is likely to be changed significantly.
(5) Recommendation of Consultants
(a) The Architect shall advise the Client on the need for consultants to be engaged
for any part of the work. Where consultants are considered to be necessary, or so advised
by the Architect they shall in normal circumstances be appointed and paid directly by the
Client.
(b) To facilitate coordination and cooperation, the Client shall appoint the
Consultants recommended and/or agreed to by the Architect and on the conditions
recommended by the Architect.
(c) Where it is necessary for the Architect to engage the Architect's own
consultants, the Architect may with the written consent of the Client engage such
consultants and the Client shall pay such consultants' fees to the Architect.
(d) In either case, the Architect shall coordinate the work of the consultants at
various stages of the project to relate to the overall project schedule.
(e) Unless otherwise agreed, all Consultants report through the Architect to the
Client.
(f) Consultants engaged by the Client, whether appointed and paid directly by the
Client or by the Architect as agent for the Client, shall be responsible to the Client and
the Architect's responsibility to the Client in respect of such consultants shall be
limited to co-ordinating them and integrating their services into the Architectural
Design.
(g) Irrespective of whether Consultants are appointed directly by the Client or by
the Architect, any default or negligence on the part of such consultants shall be the sole
responsibility of such consultants concerned and not of the Architect.
(6) Contractors, Sub-contractors and Suppliers
The Client will employ a main building contractor under a separate agreement to
undertake construction or other works relating to the Project. The Client will hold the
contractor and not the Architect, responsible for the contractor's operations and methods
and for proper execution of the works.
If a specialist, contractor, sub-contractor, tradesman or artist is employed by the
Client or if a supplier is designated by the Client, the Architect shall not be liable for
the negligent act or omission of the person so employed or defect in the articles supplied
by the designated supplier.
(7) Construction Review
Where the services to be provided by the Architect include Contract Administration
as set out in the Agreement, the Architect shall inspect the works at periodic intervals
as the Architect may consider necessary to satisfy the Architect that the works are being
executed in accordance generally with the building contract and to enable the Architect to
certify in accordance with the Building Contract the completion of various stages of the
works.
Constant or daily inspection does not form any part of the basic service of the
Architect. The frequency or degree of inspection shall be decided by the Architect from
time to time.
Where the Architect's services to be provided do not include Contract
Administration, the Architect is not obliged to answer questions or to visit the Site
after the completion of the commission but should the Architect agree to do so, payment
will be on a time basis. Any such advice or visits are confined to the matters considered
and the Architect undertakes no responsibility for any other matters of aspects of the
work, regardless of how obvious or vital to the Works.
(8) Resident Site Staff
Where frequent or constant supervision of the Works is required, Resident Architects
or Clerk-of-Works may be employed directly by the Client or by the Architect as the
Client's agent. Where Resident Site Staff is to be employed directly by the Client, the
Resident Site Staff shall be nominated or approved by the Architect and shall be under the
Architect's direction or control.
If the Architect appoints the Resident Site Staff, the Client shall nevertheless pay
for the services of and all incidental expenses connected with such Resident Site Staff in
accordance with paragraph 2.3(6)(a)
The Resident Site Staff may be employed on conditions recommended by the Architect.
(9) Estimates of Cost and Time
The Architect shall exercise all reasonable skill in obtaining estimates of cost and
time for work to be undertaken by building contractors for the purpose of inviting tenders
where a quantity surveyor has not been appointed. However, the Architect shall not be
liable in any way for any inaccuracies in the estimates so given.
(10) Building Contract
The form of building contract to be used shall be the current standard form issued
by the Singapore Institute of Architects. |
CLIENT'S RESPONSIBILITIES
1.2 CLIENT'S RESPONSIBILITIES (1) Client's Representative
The Client may nominate in writing a representative with
authority to give instructions to the Architect with respect to the project. Such
instructions given shall be deemed to be authorised by the Client.
2) Client's Instructions
The Client shall give to the Architect written full
information of the Client's requirements and constraints for the project so as to enable
the Architect to proceed with the Architect's work. The Client shall also provide full
description, survey and other particulars of the site including particulars of existing
easements, encroachments, restrictive covenants, structures and features, sub surface
conditions and adjoining sites. The Client shall carry out any soil tests as recommended
by the Architect.
The Client shall not issue any instructions directly to the
building contractor or sub-contractor during the course of the contract but shall only do
so through the Architect.
(3) Site Particulars and Specialised Counseling
The Architect is authorised to provide the services scheduled
in Part 2. All other services which may be required for the fulfillment of this Agreement
shall be provided by the Client at the Client's expense and without limiting the
generality of the foregoing shall include legal and survey particulars concerning the site
and specialised counseling not normally provided by the Architect.
Should the Architect undertake to obtain such particulars or
counseling on the instruction of the Client, it shall be as agent of the Client and at the
Client's expenses.
The Client is responsible for the accuracy and completeness
of all such particulars or counseling provided by or obtained on behalf of the Client and
the Architect shall be entitled to rely upon it.
(4) Submission/Requests for Information
The Client shall consider the Architect's submission and
requests for information or clarification and give decisions and provide information or
clarification within a reasonable time so as not to delay the Architect's works.
(5) Consultants Appointed by Clients
Where consultants are engaged by the Client directly and not
under paragraph 1.1(5)(b), the Client shall ensure that they are acceptable to the
Architect and that their Conditions of Engagement include a condition giving the Architect
authority to liaise with them and coordinate their services in relation to the
Architectural Design.
(6) Authorities' Fees or Charges
The Client shall pay to all relevant authorities all fees
and/or charges in connection with submissions for planning, building or other approvals
necessary for the Works and as advised by the Architect and shall do so promptly so as not
to delay progress of the Architect's works.
(7) Worksite Safety
The Client shall be responsible for the safe condition of the
worksite and shall effect insurances for the protection of the building structures thereon
and against public liabilities by himself or jointly with the contractor.
(8) Client's Decision
The Client or the Client's authorised representative shall
consider all documents submitted and/or questions raised to the Client or the Client's
authorised representative by the Architect in connection with the works and give decisions
promptly so as not to delay the Architect's work. |
FEE CONDITIONS
1.3 FEE CONDITIONS (1) Progress Payments
The Client shall pay the Architect at monthly intervals in
amounts commensurate with the service provided, unless there are special conditions
forming part of this Agreement, in which case payment shall be in accordance with those
special conditions.
Where monthly payments are agreed, payments to be made to
account of the percentage fee payable on completion of each stage respectively as
specified in part 2 of Clause 2.2 and the balance payable in due course shall be paid on
completion of each stage respectively in accordance with the architect's bill therefor.
(2) Architect's Fees Not to be Withheld
The Architect shall be entitled to his fees for the Schematic
Design Stage and Design Development Stage irrespective of whether approval from the
Competent Authority is obtained or not within 14 days from the date of his bill.
All fees or charges due to the Architect shall not be reduced
or withheld on account of any dispute or question whatsoever between the Client and the
Building Contractor or any other party.
In the event of non-payment of the Architect's fees, the
Architect may elect to treat his employment as terminated, and he shall be entitled to the
fees shown on his bill and additional fees on the basis that the Client has abandoned the
project.
(3) Old Materials
Where the work is executed either wholly or in part with old
materials or when materials, labour and/or vehicles are provided by the Client, the total
construction cost of the works shall be calculated as if such works had been executed
wholly by the Building Contractor supplying all labour and new materials and providing the
vehicles used.
(4) Basis of Arriving at Cost of Works
The total construction cost of the works for the purpose of
calculating the fees shall include all builders' works as set out in the Building contract
and all specialists and/or sub-contractors' works forming part of the project. The total
construction cost of the Works shall be arrived at in accordance with the order of
priority as follows :-
(a) For complete works, the total construction works of all
works including variations and additional work.
(b) For work not contracted, the lowest bona fide tender
received by the Architect.
(c) For work where tender have not been received, latest
estimates of costs prepared by the Architect or the appointed Quantity Surveyor, submitted
and accepted by the Client as the operative budget.
(5) Computation of Total Construction Costs
For the computation of the total construction costs, the
value of the omitted or abandoned works by the Client shall be disregarded.
(6) Fees in Excess of Scale
The provisions or conditions hereof shall not preclude the
Architect and his Client from agreeing to fees in excess of the above scale or other mode
of payment of his fees.
(7) Overdue Payments
Without relieving the Client of the obligation to pay the
account, the Client shall pay interest on all fees and not paid within the period stated
in these conditions or if no period is stated, within 14 days of rendering account. The
interest shall be 3% above the prevailing prime rate.
(8) Overtime
If overtime work by the Architect is required to meet special
circumstances and is authorised by the Client in advance, then any extra expenses incurred
by the Architect may be charged.
(9) Changes in Instructions
If the Architect's works is increased due to changes in the
Client's instructions or requirements or if the Architect's works is increased or
protracted due to causes beyond the Architect's control, then (unless the Architect's fees
is already on a time charge basis) an additional fee shall be chargeable.
Should any such additional fee become or appear likely to
become chargeable, the Architect shall promptly notify the Client.
(10) Protracted Services
Where the Architect's services are protracted by late
completion of the building then, unless otherwise agreed, the additional contract
administration fee shall be 50% of the original contract administration fee divided by the
original contract time (in weeks) multiplied by the number of weeks the Contract is
extended beyond the Contract Completion Date.
(11) Deferred Services
If due to the Client's Instructions or lack of instructions a
break in the continuity of the Architect's service occurs, and instructions to continue
work are not received 30 days of being requested by the Architect, then fees for the
services completed at the time of cessation shall be the percentage completed of the
current stage plus the cost of all project staff working at the time of deferment of
services for one month, unless otherwise agreed.
(12) Project Recommencement
If the project recommences, the Client shall pay a
recommencement fee to the Architect equivalent to the time charge cost of all project
staff working at the time of termination or deferment of services for one month, unless
otherwise agreed.
(13) Review
Where the Architect is required to take over architectural
services provided by or on behalf of the Client, then before commencing such work, the
Architect shall review the work so provided. If following this review if it is necessary
to make good deficiencies in such work, then an additional fee is chargeable on a time
charge basis or as otherwise agreed. Should any such additional fee become or appear
likely to become chargeable, the Architect shall promptly notify the Client.
The Architect shall not be liable for any work carried prior
to the Architect's appointment and which reasonable inspection could not have indicated as
a possible problem.
(14) Special Contracts
If, by instruction of the Client, the Architect is required
to document and/or administer a project governed by special contract conditions or a
contract other than the current standard form of building contract issued by the Singapore
Institute of Architects and if, as a result of this, additional work is incurred by the
Architect, the additional fee shall be chargeable in accordance with the work involved.
Should any such additional fee become or appear likely to become chargeable, the Architect
shall promptly notify the Client.
(15) Other Services
Where for any additional services provided by the Architect
the fee is not stated in this Agreement, such fee shall be on a time charge basis.
(16) Records
The Architect shall keep record of the disbursements and
expenses pertaining to services, record of additional services and records of services on
a time charge basis on a generally recognised accounting basis, and they shall be
available for inspection by the Client or the Client's authorised representative at
mutually convenient times.
(17) GST Excluded
The fees shall not include any Goods and Services Tax
("GST") if payable. |
OTHER CONDITIONS
1.4 OTHER CONDITIONS (1) Copyright
Copyright in all documents and drawings prepared by the
Architect and in any works executed from those documents and drawings shall, unless
otherwise agreed in writing, remain the property of the Architect.
(a) Licence Entitlements
The Client, unless otherwise agreed in writing is licensed to
use those documents and drawings to produce the project for which they were intended
provided that :
The entitlement applies only to the site or to that part of
the site to which the design relates;
The Architect has completed the particular stage or stages
for which the Architect has been commissioned; and
Fees properly due to the Architect in accordance with this
agreement have been paid.
(b) Licence Entitlements for Incomplete Work
Should the Architect's service be terminated during any
particular stage of the services listed in Part 2, then the Client shall only be licensed
to use those documents which had been completed for the previous stages. The drawings and
documents for the partially completed stage may only be used with the written approval of
the Architect which approval may include, but not be limited to, conditions in relation to
payment of fees, including licence fees, recognition of the Architect, responsibility for
incomplete drawings and documentation and any other conditions which the Architect may
seek to impose. Such approval shall not be unreasonably withheld.
(c) Reproduction of Design
Where the Client wishes to reproduce the design on another
site or another part of the site then the Client may not do so without the written consent
of the Architect and the payment of an additional licence fee.
(2) Ownership of Documents
The drawings, specifications and other documents provided by
the Architect are the property of the Architect whether the work for which they are made
is executed or not. The Client may retain one set of the documents as a record.
(3) Interpretation
Any question arising out of these Conditions of Appointment
may be referred by the Client or the Architect to the Singapore Institute of Architects
for clarification or interpretation at any time provided always that any difference or
dispute between the parties shall be determined in accordance with paragraph 1.4(4). The
institute's decision shall be final.
(4) Arbitration
Any difference or dispute between the Client and the
Architect shall be referred to arbitration by a person to be agreed upon between the
parties or failing agreement within fourteen days after either party has given to the
other a written request to the appointment of an Arbitrator, a person to be nominated by
the President of the Singapore Institute of Architects at the request of either party.
(5) Termination of Appointment
(a) A contract of appointment of the Architect for a project
entered into between a Client and the Architect may be terminated at any time by either
party by one month's notice to the other.
(b) Upon the termination of the Architect's appointment, the
Client shall pay to the Architect the balance of fees due together with all disbursements
and other expenses incurred by the Architect in accordance with these Conditions. The
Architect shall on receipt of the said fees, disbursements and expenses or if there is a
dispute existing between the Architect and his Client relating to the Architect's fees or
otherwise then on such dispute being referred to arbitration under paragraph 1.4 (4) of
the Conditions and upon the Client furnishing security acceptable to the Architect for the
payment of fees under dispute issue a letter of release together with the original or
certified true copies of drawings and other relevant documents to the Client to enable him
to appoint another Architect to continue with the work. Until such payment, the Architect
shall not be compelled to issue a letter of release.
(c) The cost for additional copies of drawings and other
relevant documents other than those mentioned in paragraph 1.4 (5) (b) requested for by
the Client shall be paid by the Client to the Architect in accordance with paragraph 2.3
(b) of these Conditions.
(6) Assignment
Neither the Client nor the Architect shall assign or transfer
this agreement without the written consent of the other. Consent to assignment shall not
be unreasonably withheld. |
ARCHITECT'S SERVICES AND MODE OF PAYMENT
PART 2: ARCHITECT'S SERVICES AND MODE OF
PAYMENT 2.1 BASIC
SERVICES
The Basic Services of the Architect consist of five stages as
follows :-
(1) Schematic Design Stage
(a) Taking the Client's instructions to ascertain the
requirements and constraints of the works;
(b) Preparing schematic sketch designs to interpret the
design brief;
(c) Developing the sketch designs to a stage sufficient to
enable applications / submissions to be made to the Competent Authority for planning
approval required under any relevant laws and regulations;
(d) Preparing preliminary estimates of the probable
construction costs based on current area, volume or other unit costs;
(e) Coordinating drawings with the relevant authorities to
obtain planning approval.
(2) Design Development Stage
Based on the proposal as approved by the Client and the
relevant authority, this stage consists of :-
(a) Developing the schematic design drawings to a stage to
enable the consultants to commence detailed design work;
(b) Preparing detailed design drawings to comply with the
various relevant authorities' requirements;
(c) Submitting the detailed design drawings together with
other particulars to the Building Control Department and other authorities to obtain
statutory building approval;
(d) Updating the preliminary costs estimates of probable
construction costs;
(e) Preparing and updating a project schedule and submitting
the same to the Client for approval.
(3) Contract Documentation Stage
Based on the updated costs estimate and the project schedule
approved by the Client, this stage consists of :-
(a) Preparing and finalising the working drawings,
specifications and such other documents as may be necessary for the preparation of the
bills of quantities by a quantity surveyor appointed for the project;
(b) In collaboration with other consultants, preparing
all documents necessary for inviting tenders for the project;
(c) Inviting on behalf of the Client tenders for the project
or collaborating with the appointed Quantity Surveyor to do so if one has been appointed;
(d) Evaluating the tenders and submitting a report and
recommendation to the Client;
(e) Awarding the contract on behalf of the Client;
(f) Preparing or collaborating in the preparation of the
contract documents for signature by the Client and the Building Contractor.
(4) Contract Construction Stage
This stage consists of :
(a) Accepting the responsibility and exercising the authority
as conferred upon the Architect by the Client and performing the functions as the
Architect in respect of the building contract;
(b) Providing all necessary information and issuing
instructions to the building contractor to enable the building contractor to proceed with
the works;
(c) Examining the works programme prepared by the building
contractor to satisfy the Architect that the works can reasonably be completed within the
contract period barring unforeseen circumstances but in so doing shall not be construed to
have assumed responsibility for the building contractors' works performance;
(d) Making periodic inspections of the works as provided in
paragraph 1.1(8) herein and issuing certificates as required under the building contract;
(e) Accepting the building contract on behalf of the Client,
providing a set of architectural drawings showing the building as constructed and
obtaining for the Client the drawings of the building's services as installed and the
recommendations on their maintenance from the consultants and specialist Contractors.
(5) Final Completion Stage
This stage consists of :-
(a) Doing such work as may be required and possible to do on
behalf of the Client and instructing the building contractor to carry out such work as may
be required to comply with all requirements of the relevant authorities;
(b) Applying for and obtaining Temporary Occupation Permit
(TOP), Certificate of Statutory Completion (CSC) and endorsement on plan on completion
from the relevant authorities. Preparation of as-built drawings.
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PAYMENT FOR BASIC SERVICES
2.2 PAYMENT FOR BASIC SERVICES IN STAGES Subject to the monthly
payments to be made to the Architect as hereinafter provided, the Architect shall be
entitled to progress payments for basic services rendered in stages as the project
progresses in accordance with the following percentage fee on completion of each stage as
follows :-
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%tage Fee Per Stage |
Cumulative %tage of Total Fee |
(1) Schematic Design Stage This stage consists of:-
(a) Taking the Client's instructions, preparing schematic
designs and preliminary estimates of construction costs and upon presentation of the
schematic design to Client |
15%
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15%
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(b) On completion of application documents and
upon submission of drawings to the relevant authorities for planning approval. |
5% |
20% |
(c) On obtaining of Provisional Planning
Approval. |
2.5% |
22.5% |
(d) On obtaining Written Permission. |
2.5% |
25% |
(2) Design Development Stage This stage consists of :-
(a) Developing building plan submission drawings and upon
completion and submission of the building plans to the Building Control Authority |
15% |
40% |
(b) On Obtaining Written Directions from
Building Control Authority |
2.5% |
42.5% |
(c) On Obtaining Building Plan Approval |
2.5% |
45% |
(3) Contract Documentation Stage This stage consists of :-
(a) Preparing and finalising the drawings, specifications and
such other documents necessary for the preparation of the bills of quantities by a
Quantity Surveyor appointed for the project and on completion of tender documents |
17.5% |
62.5% |
(b) Evaluation of tenders and making
recommendations to Clients for award of contract |
2.5% |
65% |
(4) Contract Construction Stage Fees payable for this stage
From the start of construction to the certification of
practical completion, the Architect shall be entitled to charge monthly fee installments
based on the total fee for this stage over the construction contract period computed as
follows :-
RM 30% of Fee
Contract Period in Months |
30% |
95% |
(5) Post-Construction Stage This stage consists of :-
(a) On obtaining Temporary Occupation Permit (TOP) from the
Building Authority |
2.5% |
97.5% |
(b) On obtaining the Certificate of Statutory
Completion (CSC) from the Building Authority |
*2.5% |
100% |
* subject to a maximum of
$20,000 |
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OTHER TERMS AND REIMBURSABLE
2.3 OTHER TERMS AND REIMBURSABLE (1) Fees Due on Issuance of Bill
The above fees shall be deemed to be due and payable on the
issuance of the notes or bills of charges by the Architect to the Client.
(2) Architect's Designation of Stage Final
The Architect's designation of the stages of work reached or
done shall be final and conclusive.
(3) Fees for Basic Services
The fee for Basic Services does not include fees for work
normally performed by quantity surveyors, civil, structural, mechanical or electrical
engineers or for any work performed by other specialist consultants. The fees for such
consultants are governed by the respective bodies of these specialist consultants.
(4) Payment for Partial Services
If the Architect only renders partial services in respect of
a project due to any reason including the abandonment, deferment, substitution or omission
of the project and/or the works or any part thereof by the Client or the Building
Contractor or if the services of the Architect are terminated, the Client shall pay to the
Architect the full fee for each stage completed and in respect of the stages not
completed, the Architect shall be entitled to charge two-third (2/3) of the fee for the
incomplete stage.
(5) Works to Existing Buildings
In addition to the fees chargeable for Basic Services, the
Architect shall be entitled to charge additional fees for the preparation of measured
drawings if the drawings of the existing building and services are not provided by the
Client or are inadequate thereby requiring the Architect to check them on site. Such
additional fees shall be based on time charges as stated in the Schedule to the Memorandum
of Agreement.
(6) Fee for Renovation Works
The minimum fee chargeable for renovation works, including
addition and alteration works to existing buildings, shall be between 10% and 15% of the
total cost of renovation on additions and alterations. The percentage is dependent on the
nature and complexity of the work involved.
(7) Reimbursable Expenses
All professional fees set out herein exclude disbursements
incurred by the Architect and the cost of extra copies of all drawings, documents and
models required by the Client.
(a) Site Staff
All remuneration, CPF contributions and all other sums
payable in respect of all resident staff including any resident architect seconded to a
project shall be paid by the Client in accordance with prior agreement forthwith on the
due dates.
(b) Drawings, Documents and Models
The Architect shall provide to the Client free of charge one
set of all documents at all phases of the work. Except for the aforesaid, the Client shall
pay to the Architect the cost of all other printing, reproduction, reduction and
enlargement and the cost of all documents, drawings, maps, models, perspective drawings,
photographs and other documents and records required by the Client.
(c) Tender Notices, Transport etc.
The Client shall reimburse the Architect for all disbursement
incurred by the Architect in connection with the project including the following :-
(i) Expenses incurred in connection with advertisements of
tender notices, advertisements for resident architect, clerk-of-works and/or other site
staff required for the project and other incidental expenses incurred in connection
therewith;
(ii) Charges for telexes, cables, outstation and/or overseas
telephone calls, telefax, courier service, photocopying, postages and other like charges
incurred;
(iii) Transport and all other incidental expenses incurred;
(iv) Travel, accommodation and incidental expenses incurred
by the Architect in travelling to and from work sites outside Singapore. |
ADDITIONAL/SPECIAL SERVICES
2.4. ADDITIONAL/SPECIAL SERVICES Apart from the Basic Services herein mentioned, additional services
rendered by the Architect are subject to separate additional fees payable to the
Architect. Such quantum of additional charge shall be by mutual agreement between Client
and Architect or where rates or other basis of charges are indicated and agreed upon, such
additional fees shall be based on time spent on Architect's staff and charged in
accordance with the Schedule to the Memorandum of Agreement The Following services, which
need not be limited to these, are deemed to be additional services :
(1) Advice on Sites
Inspecting and advising on the selection and suitability of
sites, conducting or taking part in negotiations connected therewith, taking levels and
preparing measured drawings, plans of sites, sites and building or existing buildings.
(2) Inspection of Buildings
Inspecting, reporting on and giving advice on the condition
of buildings.
(3) Dilapidations
Preparing schedules of dilapidations for either the landlord
or tenant, taking particulars on site, preparing specifications for repairs and
supervising their execution.
(4) Negotiations
Negotiating in special or protracted negotiations in
connection with the applications for planning or building approval and/or applications for
conversions of title to land for development purposes, changes in land use, zoning,
densities and waivers and/or appeals.
(5) Changes in Instructions
Amending drawings or preparing new drawings in pursuance of
the Client's instructions to amend the content, scope, design or details of a project,
building or any part thereof after approvals at various stages have been given by the
Client.
(6) Delays and Protracted Services
Subject to paragraphs 1.3 (10) and 1.3 (11), rendering
additional services and/or additional work if the Architect's services are protracted due
to decisions of the Client, breach of contract by either of the parties to the building
contract, strikes, lockouts, acts of God, force majeure or any other cause beyond the
Architect's control. In any such case, the Architect shall inform the Client of the cause
of any delay as soon as practicable.
(7) Strata Sub-Division
Assistance given for applying for strata
sub-division including all incidental work connected therewith.
(8) Change of Use
Applying for change of use from the approved use including
all incidental work connected therewith.
(9) Tenancy Layout
Applying to the relevant authority for approval in connection
with tenancy layout and occupation requiring separate application including all incidental
work connected therewith.
(10) Special Presentations
Preparing drawings, perspectives and models for
presentations, advertisements and sales brochures.
(11) Expert Witness
Services consisting of preparing material and/or opinions in
order to serve and/or serving as an expert witness in connection with any public hearing,
arbitration, valuation, assessment, mediation, conciliation, planning or building appeal
or legal proceeding.
(12) Special Services
The following services are not part of basic services of the
architect and are deemed to be special services for which separate special fees are
payable to the Architect, namely :-
Town Planning
Outline Planning Applications
Acoustics
Interior Design
Consultancy Services
Construction Management Services
Signages & Graphics
Landscaping
Energy Studies
Environmental Studies |
Copyright@2009 CKA . Last updated on September 30, 2009.
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