Dear Sirs. Project Name Appointment of Project Architect

Transcription

1 Dear Sirs Project Name Appointment of Project Architect On behalf of the University, I am pleased to offer you a formal appointment as Project Architect of the captioned project responsible to the Campus Development Office (CDO) of the University on the following terms and conditions:- 1.0 Scope of Project 2.0 Scope of Services 2.1 Architectural Services To provide full architectural services normally rendered by an architect for a building project such as outlined below for the subject development: Inception Receiving an initial statement of requirements and budget. Assessing development potential as allowed by statutory regulations. Outlining possible course of action and determining the brief in sufficient detail for subsequent works Feasibility Studies Receiving amended statement of requirements, budget etc. making a detailed investigation into the restrictions imposed by relevant authorities and government statutes. Preparing sketches illustrating the overall form of the project. Advising on an approximation of the cost of meeting the client s requirements, a statement on the need for consultants, an outline timetable and a suggested contract procedure Outline Schematic Proposals Analysing the client s requirements and where necessary instructing the Quantity Surveyor and consultants. Preparing, describing and illustrating outline proposals, including an approximation of the cost of meeting them. Informing the client of any major decisions which are needed and receiving any amended instructions Project Design Preparing in collaboration with the Quantity Surveyor and consultants, if appropriate, a scheme design consisting of drawings, and outline specification sufficient to indicate spatial arrangements, materials and appearance. Presenting a report on the project, the estimated cost and preliminary timetable for the project, for the client s approval. Making submissions of these plans to any relevant statutory bodies. Preparing all the necessary plans, calculations etc. ready for submission to the Building Authority in respect of general drawings, site formation, demolition and hoardings etc.

2 2.1.5 Contract Documents Submitting general building plans to the Building Authority and making any amendments necessary in order to obtain approval. Completing a detailed design and specification as necessary, incorporating any design work done by consultants, specialist subcontractors and suppliers. Obtaining estimates and other information from specialist subcontractors and suppliers. Preparing information necessary for the preparation of bills of quantities if Quantity Surveyor is appointed, carrying out cost checks as necessary, preparing production drawings, and, for UGC subvented project, making submissions to Architectural Services Department (ASD) for pretender vetting via CDO. Recommending suitable contractors for inclusion in a tenderer list, obtaining and advising on tenders, preparing and advising on the contract documentation and the appointment of contractors Building Construction 2.2 Responsibilities Obtaining the clients instructions regarding the acceptance of tenders. Obtaining consent to commence work from the Building Authority. Supplying information to the contractor and arranging for him to take possession of the site and examining his programme. Making periodic visits to the site and carrying out the statutory duties of the architect as required under the provisions of the Building Ordinance. Making periodic valuations of work done and materials on site (if a Quantity Surveyor is not employed) and issuing certificates and other administrative duties under the building contracts. Accepting the building on behalf of the client, providing scaled drawings showing the main lines of drainage and obtaining drawings of other services as executed, and giving initial guidance on maintenance. Preparing schedules of defects and supervising rectification to clients satisfaction. Issuing a certificate on making good the defects and final accounts The architect must obtain the authority of CDO before initiating any service or Work Stage The architect shall not make any material alteration, addition to or omission from the approved design without the knowledge and consent of the client, except if found necessary for constructional reasons in which case he shall inform the client without delay The architect shall inform the client if he has reason to believe the total authorised expenditure or contract period are likely to be materially varied The architect shall advise on the selection and appointment of the contractor and shall make such periodic visits to the site as he considers necessary to inspect generally the progress and quality of the work and to determine in general if the work is proceeding in accordance with the contract documents During his on-site inspections, the architect shall endeavour to guard the client against defects and deficiencies in the work of the contractor.

3 2.3 Plumbing and Drainage To provide the design of internal and external plumbing and drainage system including connection to existing systems at the vicinity of the site compound as well as any internal design that may be assigned in future. In this connection, the University will not be liable for further fees charged by any sub-consultants engaged by you.. Works included: - Rainwater Disposal Systems - Soil and Waste Water Drainage Systems and Sanitary Fittings - Cold and hot water services 2.4 Authorized Person To be the Authorized Person under the Buildings Ordinance for the project. 2.5 Co-ordination To co-ordinate the works of all other Consultants. 2.6 Meetings, Presentations To attend meetings, produce minutes, and give presentations as necessary during the processing of the project. 2.7 Documentation for Client Notwithstanding Clause 5.2 below, the Project Architect shall provide free of charge the following record documents/items for use by the Campus Development Office within 2 weeks after issuance of Occupation Permit or termination of this Agreement. - 1 no. bound Certified True Copy of each of the construction contracts. - Computer disk copy of all current CAD drawing files of AutoCAD version 2000 and 1 copy of polyester film plot of each drawing. - 2 copies of current detail drawings up to A3 size. - 1 sepia copy of all other current non-cad drawings larger than A3 size. - Up-to-date drawing index - computer disk copy of file plus 2 no. print-outs. - Up-to-date drawing register showing issue of all drawings to various parties - computer disk copy of file plus 2 no. print-outs. - Any other documents, drawings, and information as required by the Campus Development Office. The Architect shall surrender or cause other members of the consultant team to surrender to the University all Authorities (BD, FSD, DLO, WA, GEO etc.) approved drawings including Site Formation Plans, GBP, P&D, Structural Framing Plans, etc. within 2 weeks after the issuance of Occupation Permit or termination of this Agreement. 2.8 Works excluded from the appointment The inception works and part of the feasibility studies described earlier in (2.1.1) and (2.1.2) have been completed by others already.

4 They are therefore omitted from your services and entitlement of fees accordingly. Your fees receivable shall only be up to a maximum of 90% of the full professional services. 3.0 Work Programme and General Communications 3.1 Work Programme To produce detailed Works Schedules and Programs indicating the time required for the processing of each stage of detail planning and design, submission to the Building Authority and other relevant Government bodies, and preparation of specifications and detail drawings, including the works of all consultants of the professional team. To observe and comply with the time programme set out by the University and agreed by you for the completion of the development. 3.2 Correspondence/Communication All correspondence between the relevant parties, including Project Architect, the Consultant Team and contractors shall be copied to the University Campus Development Office. The Campus Development Office will where possible provide all necessary or requested information regarding University s requirements and users requests. Any direct communication taken place between the Consultant and individual users or Departments/Units should be made only with the full knowledge and attendance of the Campus Development Office. All users requests must be instructed or authorized in writing by the Campus Development Office prior to being incorporated into your design/works. Progress reports in written format should be submitted to the Campus Development Office at intervals not longer than quarter-yearly. 3.3 Sketches & Preliminary Design The development construction floor areas together with outline sketches sufficient to demonstrate the design and layout of the proposed building shall be prepared by the Project Architect for submission to the Campus Development Office for approval. No preparation of site formation plans, general building plans, structural plans, building services plans, installation details, working and tender drawings, etc. shall be proceeded without the authorization of the Campus Development Office, or otherwise, any abortive design due to necessary revisions/modifications shall be at the Project Architect s sole risk and expenses. 3.4 Estimate Upon approval of the schedule of floor areas and the sketches, the Project Architect in consultation with the Campus Development Office shall instruct the Quantity Surveyor jointly with the B.S. Engineers and geotechnical consultant as appropriate to prepare an estimate of the construction cost of the project, and likewise upon completion of detail design and working drawings.

5 3.5 Drawings & Specifications All drawings and specifications including those prepared by other Consultants shall first be co-ordinated by the Project Architect before submission to the Campus Development Office for approval. 4.0 Remuneration and Payment Schedule 4.1 Remuneration The remuneration of services described above shall be % of the construction cost based on the lower of the following but shall not exceed HK$ in any case. Any additional fees shall be subject to separate agreement and confirmation from CDO. a) Budget estimate of the constructional cost less the cost of furniture and equipment, contingencies and provisional sums. b) Awarded contract sum, or the lowest tender price received and not subsequently withdrawn, excluding costs of furniture and equipment, contingencies and provisional sums. No adjustment of fees shall be made on the final account of the construction contracts for the variation within 10% of the awarded contract sum. Until formal instruction/confirmation by the CDO, no work should proceed from one stage to another; otherwise it would be at the Project Architect s own risk. The CDO/University would not be liable for any such services rendered.

6 4.2 Payment Schedule Payment of fees shall follow the schedule shown below on completion of each stage of services and out-of-pocket expenses by disbursement shall be paid at bi-monthly intervals: (A) (B) Inception ( or 0% if already undertaken by the University) Assessment of development potential. Determination of brief in sufficient detail. Feasibility Studies ( or 0% if already undertaken by the University) Feasibility & assessment of proposed development. Conceptual design including advice on cost and options 2% 3% 2% 3% (C) Outline Schematic Proposal (3%) Approval of Schematic Design. 3% (D) Project Design (17%) Approval of Initial Sketch Design 2% Initial appointment up to this stage for PPFS submission only. Subtotal: 1 Approval of Final Sketch Design Approval of General Building Plans and Completion of Design Details. (E1) Submission of Building Plans (1) Submission of General Building Plans, Structural Plans, Plumbing & Drainage Plans. Approval of Submitted Plans and Amendments. (E2) Contract Documents (2) Approval of all tender drawings and specifications including Bills of Quantities. Award of Foundation Contract and issue of Construction Drawings. Award of Main Contract and issue of Construction Drawings. (F) Building Construction (30%) Completion of sub-structural work Completion of all reinforced concrete structure work Completion of door frames, all internal non-structural walls and plastering works Completion of all external wall finishes and window installation works Issuance of Occupation Permit Upon Expiration of the Defects Liability Period and on completion of all outstanding contract and remedial works 10% 10% % ====

7 Interim fees payment shall be based on the estimated construction cost less provisional sums and contingencies, to be adjusted when the contract sum is available. 5.0 General 5.1 The University will appoint separately BSE/RSE/GE/QS Consultants to provide necessary services for other works associated with the subject project. The architect s services shall include landscape/lighting/acoustic/graphic consultancies unless otherwise specifically required by the University for areas of special importance; as well as provision of Technical Competent Persons under AP s stream for Site Safety Supervision and supervisory personnel for Quality Supervision. 5.2 In addition to professional fees, you will be reimbursed for all reasonable out-of-pocket expenses actually and properly incurred in connection with the commission, following the general practice of the ASD. These include printing, reproduction or purchase of documents and drawings. Printing reimbursements are to be at cost or in accordance with the attached ASD schedule of standard charges, whichever is the lowest. In case that no reference price in the printing charge schedule attached herewith for the type and size of printing subject to reimbursement, printing reimbursements are to be at cost. All in-house xerox copy for general correspondence (except for contract documentation), travelling expenses, postage, costs for presentation materials, unless extra copies requested by the University, and courier costs will not be reimbursed. 5.3 Any additional services required shall be charged in a manner to be agreed with and authorized in writing by the Director of the Campus Development Office or his authorized representative in advance. The University will not accept hourly charge rates, and the fee quoted above shall serve as pro-rata basis for calculation of additional fee for additional services and/or variation of the scope of consultancy services. 5.4 The University will appoint Clerk-of-Works to supervise the progress on both engineering and architectural works. Any site instructions to be given by any Consultants must have a cost valuation and be issued in writing through the Project Architect after duly authorized by the Campus Development Office. 5.5 The copyright of all drawings, reports, calculations and other similar documents produced by the Architect shall be vested with the University which, however, shall use such drawings and documents only for purposes relating to the construction of the subject project, including its future operation, maintenance, alteration, and relevant University functions. 5.6 Any additional services required shall be charged in a manner to be agreed with and authorized in writing by the Director of the Campus Development Office or his authorized representative in advance. In any case, the lump sum fee quoted above shall serve as pro-rata basis for calculation of additional fee due to additional services and/or variation of the scope of consultancy services. The University does not accept hourly charge rates for calculation of additional fee due to additional services and/or variation of the scope of consultancy services.

8 6.0 Termination 6.1 This appointment does not construe an irrevocable commitment for full service. The University reserves the right to suspend/postpone the project and/or to terminate the Appointment at anytime by serving a 14-calender days written notice, in which case no claims for loss or damage by the Project Architect would be entertained. 6.2 The fees shall then be calculated in accordance with the payment schedule in Section (4.0) up to the date of suspension/termination. Upon payment of fees due, the University shall be entitled to use all drawings and documents produced by the Architect to continue the construction of the project to completion without further payment of copyrights or any other fees/charges whatsoever. 6.3 Should either party of this agreement substantially fail to perform to the terms and conditions stated herein, this agreement may be terminated immediately by either party serving the other a written notice. Upon termination, the University shall be entitled to use all designs, drawings, and documents produced by the Architect to continue the construction of the project to completion. The Architect s fee shall then be calculated in accordance with the payment schedule in section (4.0) up to the date of termination, but the University reserves the right to recover from the Architect loss and damages due to his failure to perform, if any. 6.4 You are required to observe specifically the time programme as timely provision of your services is extremely important. 7.0 Special Conditions The following conditions of appointment specified by University Grants Committee and the University Administration also shall apply: You shall act in compliance with the directions of the University, taking into consideration its decisions and views channelled through its representatives in the Campus Development Office, viz., the Director and/or his delegated officers. You shall keep the Campus Development Office informed of all matters relating to the project within your knowledge, answer all reasonable enquiries received, render reports at reasonable intervals when asked to do so, and assist the Office to form an opinion as to the manner in which works on the project should proceed. You shall permit authorized public officers to inspect records, measurements books, accounts, etc. in connection with the project and answer queries or supply information reasonably requested by such officers. Where the development is located within the Hospital precinct, liaison with the Hospital Authority and compliance with its rules and regulations for works at the hospital compound will be requisite. Your performance will be regularly assessed by the Campus Development Office. The performance appraisals are to be recorded to facilitate evaluation of consultants for appointment or shortlisting for other University projects, and the University reserves the right to circulate them to all other University Grants Committee funded institutions and Government Authorities.

9 You and your agents, i.e. persons acting for or on behalf of another, are prohibited from offering, soliciting and accepting advantages, as defined in the Prevention of Bribery Ordinance, in connection with the performance of their duties under this agreement. You shall, when considered necessary by the Campus Development Office, attend or be represented at all meetings to which you may be summoned in connection with the project and shall advise and assist the Office on all matters relating to the duties you have assumed following the appointment. Any dispute or difference arising out of or in connection with this contract shall be referred to and determined by arbitration at the Hong Kong International Arbitration Centre and in accordance with its domestic Arbitration Rules. For the sake of regularity, please acknowledge receipt by signing both copies of this letter and return one set to us within 10 days from the date of this letter. Yours faithfully, For and on behalf of The Chinese University of Hong Kong David S. W. Lim Director, Campus Development Office Enc. cc: DL/ To: Director, Campus Development Office The Chinese University of Hong Kong I/We acknowledge receipt of this appointment letter. For and on behalf of Signature with Company s chop Date:

10 Schedule of Standard Printing Charges with effect from 1 June 2004 (Note : The standard charges under this schedule will be reviewed and revised if necessary.) (a) Printing Charges Size Type A0 Print A0 Sepia A0 Polyester A1 Print A1 Sepia A1 Polyester A2 Print A2 Sepia A2 Polyester A3 Print A3 Sepia A3 Polyester A3 Photostat A4 Photostat Printing Charge Per Sheet $6.21 $18.75 $45.62 $3.11 $9.95 $25.50 $1.67 $5.29 $13.46 $1.55 $4.54 $8.86 $0.35 $0.22 Monochromatic Computer Plotted A0 Paper A0 Tracing A1 Paper A1 Tracing $26.07 $39.10 $14.95 $21.47 Note: The above standard printing charges shall include the material costs and any other expenses such as manpower costs, cost of equipment, administration costs etc. that are incurred by the consultant for the supply, printing, sorting, checking and delivery of the respective printed documents. (b) Standard charges of electronic storage media for the supply and submission of drawings and documents Electronic storage media 1.44MB Floppy Diskette 100MB Zip Diskette 650MB CD-R Charge Per No $1.58 $73.22 $4.22 Note: The above standard unit charges of electronic storage media shall include the material costs of the electronic storage media and any other expenses such as manpower costs, cost of computer equipment, cost pf processing information by computer, administration costs etc, that are incurred by the consultant for the supply, production, checking and delivery of the respective electronic storage media. The consultant shall maximize the usage of the storage capacity of each electronic storage media. (ASD Revision Date: 10 September 2004)