Sample Architect Agreement Contract.

Sample Architect Agreement Contract.

A FOUR CONSTRUCTION
www.a4architect.com
Phone: +254 721 410684

info@a4architect.com

MEMORANDUM OF AGREEMENT

THIS AGREEMENT is made the ……. day of …………….. the year Two Thousand and Eighteen between ……………….. of P.O.BOX …………………………….. (hereinafter called the CLIENT) on the one part and A FOUR CONSTRUCTION LTD/ FRANCIS GICHUHI KAMAU of P O Box ….., Kenya (hereinafter called the CONSULTING ARCHITECT).

WHEREAS

A.

B.

The Client intends to have the design, documentation and supervision of PROPOSED HOUSE, KIAMBU (hereinafter called the PROJECT) by the consultant.
The Consulting Architect agrees to undertake the design, documentation and supervision of the proposed project at 6% of total contract sum. The Architect shall provide all Architectural drawings inclusive of detailed specifications. Estimated contract sum for purposes of fee calculations is KES …………………….

NOW THESE PRESENTS WITNESS and it is hereby agreed and declared by and between the parties hereto as follows:

(i)
The Client hereby appoints the Consultant as Consulting Architect and Project Manager in respect of the project and the consultant agrees to provide professional services subject to and in accordance with the terms and conditions of engagement as set out in Cap 525 of the Laws of Kenya.
(ii)

iii)

C)

D)
That the Consulting Architect shall provide Architectural, drawings together with detailed specifications for the proposed
development.

TERM – This Agreement is effective for 24 months (the “term”), beginning ……………………., 2013 and ending ……………….. , 20…, or the lapse of the defects liability period whichever is earlier.

ARCHITECT’S DUTY OF CARE
The Architect further agrees to;
a) Maintain the highest ethical standards in the performance of this agreement;
b) Perform the services and related services in compliance with all applicable laws and regulations;
c) Hold in strict confidence and to use only for purposes of this Agreement and not to print, publicize, or otherwise disclose to any third party, confidential information of the owner, including, but not limited to, information in tangible or intangible form relating to and /or including the services, the project, the owner or its officers, financial information, business, marketing or pricing policies or practices, whether deliberately or otherwise disclosed to the Architect; and
d) Practice due diligence so as to increase the value of the owner’s investment and to maximize the owner’s profits.

DISPUTES
All disputes shall be decided by arbitration with a panel composed of two arbitrators comprising Owner’s representative and Architect’s representative as per Architectural Association of Kenya arbitration requirements.

Signed by the Client (Representative)

Date

In the presence of

Name

Address

Signed by the Consulting Architect

Date

In the presence of:

Name

Address

SERVICES TO BE PROVIDED BY THE CONSULTING ARCHITECT

1. Normal Services

The Consultant shall provide the following services:

a) Inception

Advising the Client upon the services of an Architect and the need for other consultants.
b) Outline Proposal

Developing the brief and preparing outline proposals incorporating a detailed presentation of the Clients requirements and an approximation of the costs.

c) Scheme Design

Preparing in collaboration with other consultants scheme designs consisting of small scale working drawings that shall indicate the spatial arrangement and appearance and submitting copies of the drawings to the local authority in future for town planning consent and approval under the Building By-laws.

d) Detailed Design and Production Drawings

For completing detailed design incorporating design work done by other consultants and preparing production drawings and information necessary for Bills and Quantities.

e) Tender Action to Completion

For obtaining and advising on tenders and for preparing and advising on the contract and the appointment of the contractor, supervision of works in progress, issuing of interim certificates, counter checking on contractor’s claims and preparing practical completion certificates and inspection of defects and final handover to client.

2. Additional Services

All other additional services not included in the normal services shall be charged on a time charge basis to be agreed upon by the Consulting Architect and the Client.

ESTIMATED CONSTRUCTION COST: KES …………………..

A. Inception:
For advising the client upon the services of an architect and the need for a quantity surveyor, obtaining initial statement of requirements and outlining possible courses of action:
No charge. 0% of total construction cost. =KES 0.00

B.Outline proposals: For considering and developing the brief.
For advising on the need for and instructing consultants.
For preparing outline proposals which incorporate a detailed presentation of the client’s requirements and an approximation of the costs of meeting them.
For reporting any major decisions required from the client and receiving any amended instructions.
Charge: Charge: 1.5% of total construction cost.=KES ………………..

C. Scheme Design.
For preparing, in collaboration with any consultant, a scheme design consisting of small-scale working drawings which shall indicate spatial arrangement and appearance.
For reporting to the client on the scheme including presenting an assignment of the cost and timetable for the project and where so required, submitting copies of the drawings to the local authority for town planning consent, approval under the Building bye-laws.

Charge: 1.5% of total construction cost.=KES …………………

D. Detailed design and production drawings.
For completing a detailed design incorporating the design work done by any consultants .
For preparing production drawings and information necessary for production of Bills of Quantities.

Charge: 1.5% of total construction cost.=KES ……………………

E. From tender action to completion.
For obtaining and advising on tenders and for preparing and advising on the contract and the appointment of a contractor.
For briefing the contractor, arranging for him to take possession of the site and examining his programme.
For periodic supervision and issuing certificates required by the building contract.
For handing over the building to the client, providing small-scale drawings showing the main lines of drainage and other services as executed and giving initial guidance on maintenance.

Charge: 1.5% of total construction cost.=KES …………………

Disbursements

Out of pocket expenses for transport, ploting, printing, photocopying, laminating, payments to Local Authority etc shall all be reimbursed at cost plus 10% administrative costs.

Payment of Fees

All fee notes shall be payable to the Architect within 14 days of being raised.