PRISM DESIGNS AFRICA
Phone: +254 721 410684
MEMORANDUM OF AGREEMENT
THIS AGREEMENT is made the ……. day of …………….. the year Two Thousand and Eleven between ………………………………………….. of P.O.BOX………………………………. (hereinafter called the CLIENT) on the one part and PRISM DESIGNS AFRICA of P O Box 224 – 00208 Ngong, Kenya (hereinafter called the CONSULTING ARCHITECT and PROJECT MANAGER of the other part).
The Client intends to have the design, documentation and supervision of PROPOSED RESIDENTIAL UNITS,……….. (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 Ksh …………….. per square meters x ………..square meters………………………….
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 and schedule A and B appended hereto.
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 ……………………., 2011 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.
All disputes shall be decided by arbitration with a panel composed of two arbitrators comprising Owner’s representative and Architect’s representative.
Signed by the Client (Representative)
In the presence of
Signed by the Consulting Architect
In the presence of:
SERVICES TO BE PROVIDED BY THE CONSULTING ARCHITECT
1. Normal Services
The Consultant shall provide the following services:
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.
Fee shall be paid in installments at every stage of drawings and as work progresses on site. 50% of total fee shall be payable before commencement of works on site and 50% after site operations have started.
The normal service is divided into stages that mark the progress of the Architect’s work. On completion of each stage an installment of the fees payable will be as under:
A. Part 1 schedule of payments before site operations (50% of total fee)
ESTIMATED COST OF CONSTRUCTION = ………………………
Stage Percentage of Total Fee
1. Outline proposals 10%
2. Scheme design
• Presentation to Client 5%
• Presentation to Design Team 10%
3. Production drawings and specifications 25 %
B. Part II Schedule of Payments after site operations (50% of fee)
Stage Percentage of Total Fee
1. Excavations to ground slab 10%
2. Walling to ring beam 10%
3. Roofing 10%
4. Door frames, windows and plastering 5%
5. Completion of interior finishes 5%
6. Completion of external finishes 5%
7. Defects liability period 2.5%
8. Completion certificate and handover 2.5%
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.
D. Payment of Fees
All fee notes shall be payable to the Architect within 14 days of being raised.