For Gorakhpur Mall

7/28/2019 For Gorakhpur Mall

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1. TERM OF REFERENCE OF THIS AGREEMENT.

This Agreement of Design Service is made on this the _______ day of ____________

BETWEEN

a company duly incorporated under the provisions of Companies Act, 1956) having its registered office at KLJHouse, 63 Rama Marg, Najafgarh Road, New Delhi 110 015 represented by one of its Director

Sh.--------------------------------------------------------------------------------------- S/o Sh.-------------------------------------------------------------------------------------R/o

----------------------------------------------------------------------- [hereinafter referred as DEVELOPER which expressionshall, unless repugnant to the context thereof, mean and include its successors in office and assigns , authorized

representative of the First Part

AND

M/s MUNISH VERMA & ASSOCIATES , Architects/ CONSULTANT / AE a firm having its office B-21, SHAKTINAGAR EXTENSION, DELHI 110052 and has its organizational structure , total man-hour of domain

experience and skill competencies as given in completed RFP document attached hereby-------------------------------hereinafter referred as ARCHITECT / Consultant /AE which expression shall, unless

repugnant to the context thereof, mean and include their successors in office and assigns of the Second Part.

WHEREAS

1. The Developer is in the process of Developing and Constructing a GROUP HOUSING COLONY on aPiece of Land measuring approximately 8.75 Acres, situated at SECTOR 15, BAHADURGARH, HARYANA

referred as PROJECT ..

2. PROJECT GOAL AND OBJECTIVES AS PER THIS AGREEMENT.M/s MUNISH VERMA & ASSOCIATES is Committed to render Complete Architectural & Engineeringservices for the above mentioned project as per the prevailing norms. M/s MUNISH VERMA &ASSOCIATES have the Expertise To bring about a successful and international world class GroupHousing development and Understand the project concept and vision of the developer .They are aware of current market demand and aspects of a project for commercial success .Thisis demonstrated by the experience they have in doing similar projects .Solutions they shall proposeshall be in line with environmental needs and stipulations given in relevant International as well asnational codes . Focus shall be on maximum value addition from total project Life cycle perspective .Consultant shall take great care to make sure that his work can not only be detailed and understood properly bythe Developers in house team but can also be built properly by the construction team on site.

Consultant shall do this by assessing the strengths and weaknesses of the site, examining the urban

context in detail and hypothesizing on the potentialities of every facet and element of a new design. Effectively,they shall throw away any preconceptions of architecture and begin anew;constructing new forms directly from project specific issues. Gradually, as ideas are examined, discarded,modified or adopted they shall develop an architecture constructed entirely from the client, his brief and the siteand market demand.

KLJ Shall provide further project brief along with parameters on which consultant shallbase his design .


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SCOPE OF WORK:Consultant/ AE is to provide multidisciplinary comprehensive services, as appropriate for the project

Which shall include , but is not restricted to following Architectural work and Site development .

. 1. Complete Architectural , Interior , graphic signage work and Site development.

2. Incorporating all the statuary development and international standard benchmarks for being validated byindependent enforcement and compliance agencies.

3. Structural and civil engineering work . Quantity Surveying & Cost Estimating4. Plumbing , Sanitary & overall Sewer and refuge Management as well as synchronizing RWH Scheme in

the project .5. Complete Electrical work, HVAC, Lighting, Acoustics Building management & security systems.6. Vehicle and pedestrian Circulation Management in Surface & Basement7. Environmental Planning , Fire safety

Service delivery by the consultant in the project shall be in following phases :-

Design Phase

Schematic Design Phase:

DesiConceptgn Development Phase

Construction Documentation Phase

Stage I--Concept Design Phase :- The purpose of the Conceptual Design Phase is to establish theoverall vision of the project, test the viability of the base building design concept, and to ensure that the subsequentdesign stages and design team activities are properly directed. The Consultant team, working with the client, andother consultants retained by the client /consultant himself , will develop a sketch design concept that addresses theclients project objectives and will assist them in determining the appropriate development strategy.

A)Consultant Activities:

1. Review the project objectives and preliminary brief.2. Analyze opportunities and constraints of the site and surroundings with major influences on the project design.3. Investigate building design strategies through sketches as required.4. Summarize conclusions and recommendations for the design & development strategy.5. Having determined the overall conceptual direction, Consultant would provide the preliminary architectural

response which addresses issues related to:6. architectural massing and character of the project; conceptual level floor7. plans and program; general organization and development of the site;8. general pedestrian and automobile circulation;

B)Consultants deliverables for this phase will typically be:

1. Site plan2. Selected Typical floor plans3. Selected Building sections4.5. Analysis diagrams as required6. Preliminary area calculations7. Sketch renderings of building exterior8. Written project description

All work by Consultant will be prepared in metric standard and all drawings will be titled in English. Conceptstage deliverable would be tabled in A3 booklet and colour prints as necessary. As well as Electronic copies ofthe deliverables will be issued .. Hard copies of stage deliverables will be three set of printed drawings at an

appropriate size and scale.

Stage -II --Schematic Design Phase:


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The Schematic Design Phase involves the elaboration and further development of the approved base buildingConcept Design. Consultant will develop the architectural design at a larger scale and in greater detail, and willwork to integrate the MEP and Structural Engineering systems by the consultants retained by him( whoseprofile is part of this agreement) . In general, the Schematic Design Phase will address issues related to:developing the architectural design and character of the building; organization and development of the site planand floor plans; coordination and integration of MEP and Structural Engineering systems as selected by himand approved by developer ,regulation requirements , preliminary identification of major building materials.

Consultant Activities :-

1. Review client expectations for design2. Review and make specific recommendations to the clients Design Brief3. Preliminary development of the architecture4. Preliminary development of interior concepts5. Preliminary coordination of structural and mechanical systems

Consultant Deliverables

1. Site Plan

2. Traffic flow diagrams3. Typical Floor Plans4. Selected Building Elevations5. Selected Building Sections6. Area Calculations7. Preliminary Exterior Material Selection8. Perspective renderings of exterior and principal interior spaces9. . Details of Basic building Service & structural design proposal , concepts and analysis10. Interior Concept studies (Sketches/material outlines/mood boards) for:11. entrance lobby12. Typical lift lobby13. Selected public and service area14. Complete set of municipal drawings and documents required for approval from authority.

15. Detailed presentation and sales plan

All the work shall be given in both hardcopy coloured print format as well as electronic pdf andautocad format , Written reports and briefs about the proposal as well as material boards forsuggested materials . This shall be given on scale good enough for proper project understanding .

Stage-- III---Design Development Phase :

Based upon the Developers written approval of the Schematic Design Phase submittal, Consultant with theassistance of his team of consultants will initiate Design Development Phase services. During DesignDevelopment consultant and his team will further develop the Projects design. Including ground floor lobbydesign, floor plans, key base building architectural details, building sections/elevations, exterior skin design

direction drawings. During this Phase, Consultant will be responsible for the all design aspects of the buildingand its services

. During design development, the Consultant is to develop a level of design detail necessary to define a clear,Coordinated description of all aspects of the project. . Project aspects reviewed during schematic design maybe reviewed again during this phase, as directed by the Developer. The A/E is to arrange for a presentation tofully describe critical interior and exterior finish materials for review and approval.

Deliverables of this Phase

1. Updated building program, highlighting changes from the schematic design;2. Site plans, with dimensioned locations of each building element, existing and finished contours,

3. Site plans and building plans are to indicate locations of utility connections, new feeds and distribution pathways

required, and all related systems infrastructure;

4. Floor plans, including updated architectural, equipment and finish plans;


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5. Updated sections and elevations, including detailed wall sections showing construction methods and materials.Include foundations, floor and roof heights;

6. Additional presentation materials as required to explain the interior and exterior design;

7. Structural drawings, indicating structural system and major elements;

8. Mechanical, electrical, and plumbing drawings, including layouts and distribution diagrams and Apparatus andfixture cut sheets. Major equipment is to be accurately indicated on plans and elevations in terms of size and

location. Coordinate drawings to eliminate conflicts between trades and/or disciplines;

9. Revised outline specifications, to including materials and colour selections;

10. Updated estimate of probable construction cost;

11. Operating costs for the first five years of the building or space use are to be submitted to the Developer.Energy costs are to be included in this report but calculated separately.

12. . The A/E is to present proposed energy and resource-saving strategies as part of the selected design andtechnology solution.

13. Written responses to comments from Developer stakeholders.

Stage --IV--. Construction Documentation Phase :-

1. Helping Developer in Preparing selection criteria for vendors and short listing them.2. Preparing RFP and Tender documents.3. Helping Developer in finalisation of vendors and signing contracts with them.4. Preparing construction program and project execution process and methodology .5. Preparing and providing Sketch , write ups and drawing having adequate details and on scale

sufficient for work execution without error and minimum requirement of site deliberation.

Prior to bidding. Bid documents are to undergo a thorough in-house quality control and coordination review . TheConstruction Documentation Phase is complete at the issuance of all construction drawings and specifications,which include, but are not limited to, construction drawings, specifications, and instructions to bidders.

During the bid, negotiation, and award process, the A/E is to participate in the pre-bid conference to describe thework, answer any questions regarding the documents, review bids for completeness, de-scope the bids, analyzepricing versus estimates, and recommend award. As designated by the Developer, the A/E is to provideclarifications or addenda to bidders (which are issued by the Developer). The A/E is to assist the Developer in theadministration of the construction contract, providing clarification and interpretation of Contract Documents. TheA/E is to make periodic visits to the site to observe the progress and quality of the work and conformance with thecontract documents, attend construction progress meetings, and prepare and issue record notes of thesemeetings. The A/E shall exercise due diligence to safeguard the Developer against construction defects,deficiencies, non-compliance with drawings and specifications, and/or unsatisfactory workmanship. If, in theopinion of the A/E, the work is not being carried out in a sound,

Efficient, and skilful manner, the A/E is to notify the Developer immediately, is to submit a written assessment of

any items of the work that are unsatisfactory. The A/E is responsible for the preparation of contract bulletins,supplemental instructions (including sketches or

Document revisions, if necessary), addenda to the project documents, and review and approval of shop drawings,samples, warranties, and guarantees. The A/E is to transmit to the PM one copy of approved shop drawings andsubmittals immediately following their approval, and assist the Developer in negotiation, preparation, approval,processing and recording of the cost and scope of change orders. All significant changes during the constructionphase that affect the visual or functional characteristics of the project design are to be brought to the attention ofthe Developer immediately. Significant changes may require an additional presentation to the Project Committeeand/or the Design Review Committee of the developer

Consultant deliverables and responsibilities:

1. If drawings need to be issued in response to a scope change or to clarify design intent, the A/E will Provide theDeveloper and the Contractor with a description of the change and highlight (bubble) the extent of the change in


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Low life-cycle costs;

Low use of energy or resources in construction;

Environmentally sustainable disposal method at the end of the anticipated life cycle;

Life Safety / Code Compliance:

The A/E is to provide proper planning, design, and documentation to meet the requirements of all applicablecodes, laws, and regulations, and provide all documents necessary for submission, review, and approval by theany authority as per law having jurisdiction. Permit documentation is to be clearly labelled as such, dated,and signed and sealed by the A/E as required. The architect is to fully support the Developer in its procurement ofall relevant regulatory approvals.

Permit and zoning applications are made by the Office of the Architect and coordinated by the developer. If theauthority having jurisdiction requires additional documentation or requests changes to the submitted documents,the A/E is to work with the Office of the In houe Developers Architect to complete this process in acceptablemanner.

.The project documentation is to include instructions to the Contractors to maintain all required accessible routes

for persons with disabilities in or adjacent to the project site, including public pathways, interior corridors,accessible building entries, accessible toilet facilities, and accessible parking spaces. Special care is to be takento ensure that temporary modifications of public pathways and/or corridors during construction are carried out in amanner consistent with the requirements of the bye laws, including such aspects as clearances, changes ingrade, steps, or obstructions. Where required, the contractor is responsible for installing signage, compliant

Temporary ramps, handrails, and/or other related items to ensure accessible routes are maintained.

Utilities and Building Systems:

Water and gas service, chilled water, steam, fire suppression, storm and sanitary drainage, electrical service, andbuilding mechanical service (including heating, ventilation, and air conditioning), and all other systems are to beprovided by the most economical and accessible means, considered over the entire life-cycle of the building . Forstandards and guidelines, the A/E is to refer to Standard Design Guidelines and codes. I.e. ASHRAE, NBCetc.

Drainage System:

The storm water, roof drainage, sub-soil drainage, and building waste-water system designs are to provide for thespecific requirements of the project, taking into account the existing sub-soil water table levels and the capacityof the existing sewer and drain system. This information is to be coordinated with the foundation and basementwaterproofing systems. Rain water harvesting for ground water charging shall be incorporated.

Electrical & Tele / Data Systems:

The electrical system is to provide for power, lighting, tele/data communication systems, fire alarm systems, andall requirements of public safety. Back up and emergency power to is to be coordinated with key Developerstakeholders, such as the Developers Engineer, c and Emergency Services, Public Safety, and Information andComputing Services.

. Security Systems and Emergency Response:

Coordinate with the Developers Division of Public Safety to incorporate security systems required by theproject y, including alarm systems, fire alarm and fire suppression systems, and emergency communicationsystems. The A/E is to coordinate documentation using the developers preferred system providers for designand installation details.

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Maintenance / Equipment Access:

The design of doorways, ramps, driveways, and passageways are to ensure that all equipment can be removedand replaced without removing any walls, doors, or other equipment, and that trucks and cranes can beemployed at the point of exit. The design is to allow safe, adequate passageways

for servicing of equipment. The A/Es design is to avoid the use of sealed hatches, and provide room for service

access to all items and space for a workbench in major mechanical rooms. The A/E is to show tube pull, removalroutes, and so forth on the drawings. A dedicated freight elevator may be required to serve upper-levelmechanical rooms. System control and electrical panels must be located at working height and well lighted.Ventilation is to be provided to maintain comfortable working and operating conditions for equipment. The A/E isto minimize locating any mechanical equipment in ceiling spaces, including valves and dampers. If any suchitems requiring standards and guidelines, the A/E is to refer to international and national codes

Documentation Format and Graphic Standards

All written documentation is to be submitted in Microsoft Word electronic format. Submissions may be on Zipdiscs or on CD, labelled accordingly. Paper copies are to be provided as determined during the project initiationmeeting or according to the Agreement.

Schematic Design, Design Development & Construction Drawings: Electronic files are to be submitted inPDF and AutoCAD format. Submissions may be on Zip discs or on CD, labelled accordingly. Paper copiesare to be provided as directed by the Developer .

Content Requirements of As-Built and Record Drawing: The coversheet or first sheet of each drawings set isto include:

Complete project title, including the client school or center;

Location of the project, including a key plan;

Project identification number provided by the PM;

Numbered list of drawings with titles;

Complete names and addresses of consultants and sub-consultants; Governmental agencies involved inthe project, if any;

Other requirements for As-Built and Record Drawing sets include but are not limited to:

Room numbers on drawings must reflect those ultimately used in the spaces;

gauges, strainers, meter, and other appurtances;

Diagrams of each air handling system, including main duct runs, in the form of a riser diagram or

isometric. Provide the sizes of main ducts as an aid to identification;

Schedules of all mechanical, electrical, and plumbing equipment are to indicate capacities, heads,

drawings and specifications, and an explanation of specialized systems and materials ( if applicable ).

VI) RESPONCIBILITIES OF KLJTP .

Project Program: The Developer shall provide a Project RFP setting forth the Developers description of theproject scope; preliminary project budget; schedule; objectives, characteristics and constraints; and a description ofthe basic services to be provided by the Architect for the project.

Representative: The Developer designates its in house project team as its representative authorized to act inthe Developer's behalf with respect to the Project.


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Special Information: The Developer shall furnish available property, boundary, easement, right-of-way,topographic and utility surveys; plans and specifications; and special data and conditions relevant to the project.Developer shall furnish other special investigations of the Project site as requested by the Architect and asreasonably necessary for the Project. Architect shall exercise reasonable care in relying upon this information inthe performance of its services under this Agreement. Developer makes no warranties or representations as tothe accuracy or suitability of information provided to the Architect by the Developer or by others.

Review of Work: The Developer will review the Architect's documents at the completion of each stage ofdevelopment as described in the Project Proposal. Developers review comments or decisions regarding thedocuments will be furnished to the Architect in a reasonably prompt manner. The Developer will notify the Architectin writing of any material error or omission or other defect in the project or any conflict in the contract documents thatthe Developer becomes aware of, but Developer shall have no obligation or duty to investigate whether such faults,defects, or conflicts exist.VII) CHARGES AND PAYMENT TERMS OF THE CONSULTANT WITH SCHEDULE AS PERTHIS AGREEMENT.Both M/s MUNISH VERMA & ASSOCIATES and KLJTP agree that this is a deliverable based

agreement and all the payment of agreed upon charges to be made to consultant shall belinked to the delivery made on pro rata basis for each segment of each phase as per thisagreement. consultant shall be based on FAR area although his scope includes complete project ,including free of FAR area i.e basement and open area of site for services and parking.The Rate

agreed upon and terms of payment shall be as follows.Site area = 8.75acreTotal fee = Rs10.0/- x total FAR area for the project .

Stages Total Fee

in % age

Break-up

Stages Fees in

%age

CONCEPT DESIGN PHASE

Site Plan

Selected Typical

Selected building Sections

Faade and Elevation Details

3D Massing Studies

Analysis Diagrams as required Preliminary area calculations

Details of basic coordinated building services, structural designand landscaping etc. complete.

Sketch rendering of building exteriors

5% Retainership Advance Providing assistance leading to

finalization of concept Stage-I by

foreign consultant.

On completion of stage 1st and aftersubmission of deliverables under this

head. (on pro rata basis)

SCHEMATIC DESIGN PHASE

Site Plan

Traffic Flow Diagrams

Typical Floor Plans

Selected Building Elevations

Selected Building Sections

3D Massing Studies

Area Calculations, Budgetary and Cost Estimates

Preliminary Exterior material Selection

Perspective rendering

Details of basic Building Services & construction Phase

Complete set of Municipal Drawings and documentation

required for approval.

Detailed presentation and submission of all required plans.

5%

5%

Detailed presentation and on acceptance

of schematic design.

On submission of complete set of

drawings, other details and

documentation required for approval bythe concerned authority including

deliverables under schematic design

phase and on sanctioning of drawings

and receipt of above approval.

5%

5%

Design Development Phase

Highlighting Changes From Schematic Site Plan with

Dimensioned Locations

Site Plan and Building Plans are to indicate of utility

Connections

Floor Plans

Reflected Ceiling Plans

Sections & Elevations

Presentation Materials

Structural Drawings

Internal & External finishing details

10% During preparation of basic Architectura work

drawing and details including

coordinated services sufficient forpreparing item wise estimates of cost

10%


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Construction Documentation Phase

Estimate of Probable Construction cost.

Proposal in respect of energy and resource saving strategies including marketing & publicity

materials

Written responses to comments from Developers Periodical visits at site.

10% Preparation of tender drgs. BOQ, cost estimates,

budgetary and construction and issue of tenderdocuments for respective works including

coordinated services and BMS (Building

management System) and marketing & publicitymaterials complete in all respect.

10%

Construction Administration Phase

Selection Criteria for Vendors

Preparing RFP and tender

Finalization of vendors

Preparation Construction Programme methodology

Providing Sketch, Writ-up & drawings prior to bidding,

bid documents are to undergo a through in house qualitycontrol

Periodical visits at site to ensure work in order with the

design and intent of the project. To monitor quality at

site of work and provide technical assistance, if any.

The following works are excluded from the fee andscope:-

a) Landscape concept & Development

b) Liasoning for approvals

c) Checking of construction bills

55% On issue of GFC drgs. And other details as required underdesign development phase in respect of the following completein all respects.

For civil works

Structural details

Electrical works

HVAC works

Fire fighting / Fire Alarm System

Exteriors & Interiors Finishes including InteriorDesign Development for reception and Lift Lobbiesand all common areas.

Cost Estimates

Proposal regarding energy and resource saving

strategies

Utility Services and other Miscellaneous details as

required includinga) To provide four nos. of

perspective views (Three

Eye Level and One Birds

Eye View) complete in allrespects.

55%

On Prorata

basis asproject

progresses.

Trial and Commissioning / project close out phaseOn completion of work and submission of As Built

Drawings andOn obtaining completion certificate

10% On submission of As Built drawings includingcoordinated services complete in all respect.

On obtaining completion certificate

10%

9) OTHER MISCELLANEOUS TERMS OF THIS CONTRACT

The Developer can terminate this agreement by giving not less than 30 days prior written notice if the Architectfails to perform in accordance with the terms of this agreement.

If the project is entirely abandoned or suspended in whole or in part or if this agreement is terminated pursuant toabove, the Developer agrees to pay the Architect the fees to the extent of the Phase completed.

That both the parties herein hereby agree and undertake to indemnify each other against any claims, loss,damages etc. in respect of the transaction under this Agreement and shall do all such acts, deeds and thingswhich will effectuate the completion of the transaction as contemplated under this Agreement.

The drawings, specifications and documents as instruments of service are the property of the Consultantwhether the project for which they are made is executed or not. They are not to be used for any other project

except with the written consent of the Architect.\.


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Confidentiality: The Architect shall treat any Owner supplied information or information pertaining to Owner'sbusiness as confidential and shall not disclose any such information to others except as necessary for theperformance of this Agreement or as authorized by the Owner in writing.

The Architect shall hold Developer and his employees free from any loss, damage or expense arising out of anyoccurrence relating to this Agreement or its performance and shall indemnify Developer and his employees ,successors and assigns against any damage or claim of any type arising from the negligent or intentional acts or

omission of the Architect, its employees, agents and/or assigns.

ACCEPTANCE OF WORK

Owner's Satisfaction: All work performed under this Agreement shall be completed to the satisfaction of theOwners representative assigned to the project. The Owners representative shall decide ( based on standardbusiness practices ) all questions regarding Architects performance under the Agreement and such decisionsshall be final and conclusive.

Correction of Work: Should Architects services not conform to the requirements of this Agreement and theProject Proposal as determined by the Owners representative, Owner may ask the Architect to re-perform suchservices at no additional expense to the Owner .

Liability: Owners approval or acceptance of Architect's services will not release Architect from any liability forsuch services because Owner is, at all times, relying upon Architect's skill and knowledge in performingArchitect's services.

ARBITRATION

Any and all the disputes arising out of or under this contract shall be tried to be resolved amicably. However incase the dispute is not so resolved, the same shall be referred to the sole Arbitrator, which shall be conducted inaccordance with Arbitration and Conciliation Act, 1996. The place of the Arbitration shall be NCT of Delhi and thelanguage shall be English.

NOTICESAll notices and other communications shall be in writing and be sent under Registered mail, A/D at the address ofthe parties under mentioned in this agreement. In case of change in address the same shall be communicated toother part with in a week of change in address.

JURISDICTION

This Agreement is executed at Delhi and Courts of Delhi will have Jurisdiction to any entertain any suit arising outof this Agreement.

IN WITNESS WHEREOF the parties have signed this Agreement on the date, month and year first above written

in the presence of witnesses:

For KLJ TOWN PLANNERS PVT. LTD. For Consultant

(Director) (Proprietor)

Witnesses:

1.


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