itions of engagement and remuneration 2012... · itions of engagement and remuneration

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ARCHITECTS REGITION COUNCIL OF NIGERIA (ARCON) AN tHE NIGERIAN INSTITUTE OF ARCHITECTS (NIA) CON Pjt Number. \ ITIONS OF ENGAGEMENT AND REMUNETION <. FOR · PROFESSIONAL ARCHITECTS' SERVICES 21ST SEPTEMBER 2011 re, detailing the services offered t , e a pro minimum for the

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Page 1: ITIONS OF ENGAGEMENT AND REMUNERATION 2012... · itions of engagement and remuneration

ARCHITECTS REGISTRATION COUNCIL OF NIGERIA (ARCON) ANI)

tHE NIGERIAN INSTITUTE OF ARCHITECTS (NIA)

ARCON Project Number.

\

ITIONS OF ENGAGEMENT AND REMUNERATION <.

FOR ·

PROFESSIONAL ARCHITECTS' SERVICES

21ST SEPTEMBER 2011

rc."Ut:ecture, detailing the services offered

Cz:io:=::ectt p;�sen!S ,. e a pro ed minimum for the

Page 2: ITIONS OF ENGAGEMENT AND REMUNERATION 2012... · itions of engagement and remuneration

ARCHITECTS REGISTRATION COUNCil OF NIGERIA (ARCON) AND THE NIGERIAN INSTITUTE OF ARCHITECTS (NIA)

CONDITIONS OF ENGAGEMENT AND REMUNERATION FOR PROFESSIONAL ARCHITECT'S SERVICES - 21ST SEPTEMBER 2011

PREFACE . ......................................................................................................................................................... 3

CONTACT .......................................................................................................................................................... 4

DEFINITIONS .........................................................................

................... .......................................................... 5

1 APPOINTMENT OF ARCHITECT ......................................................................................... .................. 8

2 SCOPE OF SERVICES ............ . ............. ................... , ........ . . ....................... ........... . . ............................... 8

3 OBLIGATIONS AND AUTHORITY OF THE ARCHITECT . . ............................... .......................................... 8

4

5

6

7

8

9

10

11

3.1 Care and Diligence ............................................................ . ................. ..................................... 8 3.2 Architect's Obligati'On ................................................................................................... ............ 8 3.3 Rep'Orts .............................................................................. ........................ : .............................. 8 3.4 limitati'On 'Of Warranty and Insurances ................................................................................... 8

3.4.1 Limitation of Warranty .... : ................................... : ........... : ...... :.: ......................................................... 8 3.4.2 Professional Indemnity Insurance .................................................................

....................................... 9 3.4.3 Architectural Standards Compliance Registration ............................................................................. 9

3.5 C'O-'Operation ...................... .............................................. ........................................................ 9 3.6 Alterati'Ons t'O Services 'Or Design ............................................................................................. 9

OBLIGATIONS AND AUTHORITY OF THE CLIENT ................................................................................. 9

4.1 Inf'Ormati'On, Decisi'Ons, Appr'Ovals and Instructi'Ons ................................................................ 9 4.2 Statut'Ory and Other C'Onsents Required .................................................................................. 9 4.3 ApP'Ointment 'Of Other C'Onsultants .. .. � .................................................................................. 10 4.4 ResP'Onsibilities 'Of Others .................................. ......................................... : .......................... 10

ARCHITECTS REMUNERATION (AR) ......................................................................................... · ......... 11

5.1 Standard Services (Architectural Design) .................................................... .. .. ....................... 1 1 5.2 Standard Services (Supervisi'On) .......................................................................... � ........... ; ...... 11 5.3 Additi'Onal Supervisi'On and Residency ....................................................... � ........................... 11 5.4 Repetitive W'Orks ..................................................................................................................... 11 5.5 Ren'Ovati'On W'Orks ...................................................... ............................................................ 11 5.6 Partial Services ....... ........... ..................................................................................................... 11 5.7 Pr'Oject Management ....... .......... .................................. � ................. , ..................................... �.11 5.8 Other Additi'Onal and Supplementary Services ...................... ............................ : ................... 11 5.9 Reimbursable Expenses ................................................ : ........................................................ 11 5.10 Value Added Tax (VAT) .............................................................. . ........................................... 11 5.11 Remunerati'On Milest'Ones ...................................................................... ............................... 12

SCHEDULE OF PROFESSIONAL SERViCES ................................... : ........................................................ 13 �

6.1 Architectural Services Delivery Stages (ASDS) ....................................................................... 13 6.2 Delay t'O Architect's Services .................... .............................................................................. 13 6.3 Client Undertaking t'O Issue Appr'Ovals ................. � ................................................................. 13

INCAPACITY OF ARCHITECT ............................................................................................................... 13

POSTPONEMENT OR ABANDONMENT .......................... .......... .......................................................... 14

RESUMED AGREEMENT ................................................ . ................................................................... 14

ALTERATIONS AND MODIFiCATIONS ................... . ............................................................................ 14

COPYRIGHT AND USE OF INFORMATION ......................................................................................... 14

11.1 C'Opyright ................................................................................................................................ 14

Page 3: ITIONS OF ENGAGEMENT AND REMUNERATION 2012... · itions of engagement and remuneration

ARCHITECTS REGISTRATION COUNCIL OF NIGERIA (ARCON) AND THE NIGERIAN INSTITUTE OF ARCHITECTS (NIA)

CONDITIONS OF ENGAGEMENT AND REMUNERATION FOR PROFESSIONAL ARCHITECT'S SERVICES - 21ST SEPTEMBER 2011

11.2 Use of information ....................................................................................... . ......................... 14

12 TERMINATION .......................................................... ....................................................................... 15

13 FORCE MAJEURE .............................................................................................................................. 15

14 LAWS OF THE AGREEMENT .............................................................................................................. 15

15 ARBITRATION ........................... � ...................................................................................................... 15

16 ATTESTATION I ................................................................................................................................. 16

17 SCHEDULES ...................................................................................................................................... 17

Schedule 1.

Schedule 2.

Schedule 3.

Schedule 4.

DETAILED SCOPE OF ARCHITECTURAL SERVICES ..................................................................... 17

DETAILED SCOPE OF SUPPLEMENTARY SERVICES AND REIMBURSABLES ............................... 20

DETAILED SCOPE OF SERVICES AND RENUMERATIONS FOR PROJECT MANAGEMENT ........... 25

RATES AND CALCULATIONS FOR REMUNERATIONS ............................................................... 27

18

19

20

20.1

20.2

20.3

AMENDMENT TO CONDITIONS OF ENGAGEMENT AND REMUNERATIONS ...................................... 30

ATTESTATION 11 ................................................................................................................................ 30

ADDENDUM - ARCON PROJECT REGISTRATION FORMS .................................................................. 31

Project Registration Details ............................................................. ....... . . . . ........................... 31

Contract Registration Details ....... ........................ . ................................................................. 31

Contract Completion Details ......................................................................................... .......... 31

Page 4: ITIONS OF ENGAGEMENT AND REMUNERATION 2012... · itions of engagement and remuneration

ARCHITECTS REGISTRATION COUNCIL OF NIGERIA (ARCON) AND THE NIGERIAN INSTITUTE OF ARCHITECTS (NIA)

CONDITIONS OF ENGAGEMENT AND REMUNERATION FOR PROFESSIONAL ARCHITECT'S SERVICES - 21ST SEPTEMBER 2011

E FACE

With effect from 21st of September 2011; the Architects Registration Council of Nigeria (ARCON) and the

Nigerian Institute of Architects (NIA) signed into use this Conditions of Engagement and Remuneration for Professional Architect's Services, payable by both the public and the private sectors to architects.

The remuneration stipulated in this document represents the approved minimum for the corresponding

professional service rendered by the Architect. With this remuneration, an Architect, as the Prime Cqnsultant

on building projects, is expected to render competent services to meet the client's needs in public and private sectors as weil as the general public.

In addition to complying with these mandatory minimum remunerations, ARCON and NIA issue this

document to their members for use in all transactions with their clients. In doing so, members are reminded hat they are bound by the professional code of conduct of the profession.

!c�-------------------------------------Arc. Umaru Aliyu fnia ppnia President

Architects Registration Council of Nigeria

Arc. Ibrahim A. Haruna fnia pnia President

Nigerian Institute of Architects

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CONTACT

A�CHITECTS REGISTRATION COUNCIL Or NIGt�IA (ARC ON) AND ,YE NIG::RIAN INSTiTUTE 0' AOCu :EC:> " •

CO''JD'T'ONS OF ENGAGEMENT AND REMUNERATION FOR PP'OFESSIONA� ARCHITECT'S SERVICES - 21'- SEo-::'.'B::o :0"

This 'Conditions of Engagement and Remuneration for Professio na l Architect's Services' is issued by the

Nigeria Institute of Architects (NIA) and the Architects Regist ration Council of Nigeria (ARCON),

Joint Publishers:

2011 Edition,

Architects Registration Council of Nigeria (ARCON)

and

Nigerian Institute of Architects (NIA)

Copies of this document may be obtained from the following:

1. ARCHITECTS REGISTRATION COUNCIL OF NIGERIA

26 , Ajose Adeogun Street,

(NULGE Building)

Off Augustus Aikhomu Street,

Uta ko, Abuja,

Tel: +234 9-87 065 25

Email: [email protected]. om

2. ARCHITECTS REGISTRATION COUNCIL OF NIGERIA

House lA & lB Dolphin Scheme 11, Behind Federal Secretariat Phase 11. P. O. Box 52895, Falomo, Ikoyi, Lagos,

Tel: +234 1-8 140499

Email: [email protected]

3. NIGERIAN INSTITUTE OF ARCHITECTS

Plot 215 Muazu Magaji/Patrick Yakowa Crescent,

Off Aminu Sale Street, Katampe Extension,

Abuja

Tel: +234 97 80 97 0 2

Tel: +234 80 33 047 2 17

Email: [email protected]

4. All State Chapters o f the Nigerian Institute o f Architects

Page 6: ITIONS OF ENGAGEMENT AND REMUNERATION 2012... · itions of engagement and remuneration

." - '-

FINITIONS

ARCHITECTS REGISTRATION COUNCIL OF NIGERIA (ARCON) AND THE NIGERIAN INSTITUTE OF ARCHITECTS (NIA)

CONDITIONS OF ENGAGEMENT AND REMUNERATION FOR PROFESSIONAL ARCHITECT'S SERVICES - 21ST SEPTEMBER 2011

-rile Client" shall mean the person or organisation or Government obta i ning the professional services

under this Agreement.

-rile Government" shall mean the Federal, State and Local Government of the Federal Republic of

Nigeria.

"The Architect" shall mean the professional architectural firm, orga n isation or person com missioned by

the Client to carry out the services required under the Agreement.

"The Prime Consultant" shall mean the Architect, who is the Prime Consulta nt and the Team Leader on

bu i ld ing projects. He initiates, conceives and produces the Architectural Design, coordinates the input of

other consultants and manages the project.

5. "The Services" shall mean professional services ..

6 "The Project" shall mean the building and/or other construction works which the Client wishes to

undertake.

7. "The Works" shall mean the construction .

. ,

"The Agreement" shall mean this 'Conditions of Engagement and Remuneration for Professional

Architect's Services'.

"'Force Majeure" is defined as war, declared or undeclared, revolution,general labour strikes, disease

epidemics, extraordinary floods or overflow of water, fire incidents and major disasters or other events

beyond the control of the Architect.

"Specialist Consultant" shall mean consultant in Civil Engineering, Structural E ngineering, Mechanical & Electrical Engineering, Quantity Surveying, Town Pla nning, and a ny other professional discipline relevant

to the project other than Architecture.

"'landscape Architect" shall mean specialist Architect in Landscape Design.

"Interior Architect" shall mean specialist Architect in Interior Design

"Practical completion" shall mean that the building or other construction is habitable or the Works

otherwise usable, although there may be minor items unfinished or defective workmanship, all of which

are li sted on the handover inspection.

"'Time Charges" shall mean hourly rates, (and daily rates or man-month rates derived therefrom) for

profess ional and sub-professional staff. For the purposes of daily rates, the number of working hours

per day shall be 8 hours.

-oisbursement" shall mean a fee based upon time spent and other costs including all the relevant

factors which will result in a lump sum fee being inserted in the Agreement.

�epetitive Works" shall mean unit(s) of the same design types and specification to be constructed on

same site or other sites.

ofessional Staff" shall mean the various grades of Architects and technical officers hereunder referred to in Schedule 4 . 3.

Page 7: ITIONS OF ENGAGEMENT AND REMUNERATION 2012... · itions of engagement and remuneration

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INTRODUCTION

ARCHITECTS REGISTRATION COUNCIL OF NIGERIA (ARCON) AND THE NIGERIAN INSTITUTE OF ARCHITECTS INIAl

CONDITIONS OF ENGAGEMENT AND REMUNERATION FOR PROFESSIONAL ARCHITECT'S SERVICES - 21" SEPTEMB:R 2011

On September 21st 2 0 11, the Architects Registration Council of Nigeria (ARCON) approved and endorsed the

Conditions of Engagement and Remuneration for Architectural services for Architects in the country .

This document therefore details the remuneration for services offered by the Professional Architect (PA) .

The remuneration stipulated in this document represents the approved minimum for the corresponding

professional service rendered by the Architect . With this remuneration, an Architect , as the Prime Consultant

on building projects, is expected to render competent services to meet the client's needs in public and

private sectors as well as the general public .

• All architects are required to adhere to the provisions of this document .

• Non-compliance shall attract appropriate sanctions and penalties .

• Clients are advised to make representations on any unsatisfactory services by any registered Architect .

• The architect shall exhibit or apply best practices in the deliverance of his services as contained in the

annexed Milestone schedule;

• Non-compliance with the provisions of this document shall be a breach of the provisions of the

professional code of conduct and ethics .

• The selection and appointment of an architect shall be based on these Conditions of Engagement.

Payment for services rendered shall be made as at when due to facilitate prompt and successful delivery of

services in accordance with the stipulated payment schedule contained herein.

This document is subdivided into eighteen Clauses, supported by fou r Schedules and is subject to review by

The Council and The Institute as and when necessary .

Page 8: ITIONS OF ENGAGEMENT AND REMUNERATION 2012... · itions of engagement and remuneration

ARCHITECTS REGISTRA'nON COUNOlOF NIGERIA (MeON) AND THE NIGERIAN INSTn'UTE OF ARCHITECTS (NIA)

CONomONS OF ENGAGEMENT AND ftEMUNERAnoN FOft PROFESSIoNAL ARCHITEITS SERVICES - 21STSErnMBER 2011

,: r

APPOINTMENT OF PROFESSIONAL

ARCHITECT

(Architect'S FirmlName)

For

(Project Name)

At

(project Location)

By

(Client)

Page 9: ITIONS OF ENGAGEMENT AND REMUNERATION 2012... · itions of engagement and remuneration

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,0 "

� � �L .::;'

ARCHITECTS REGISTRATION COUNCIL OF NIGERIA IARCON) AND TH€ NIGERIAN INSTITUTE OF ARCHiTECTS INIA)

CONDITIONS OF ENGAGEMENT AND REMUNERATION FOR PROFESSIONAL ARCHITECrs SERVICES - 21" SEPTEMBER 2011 '* *

O,..,�.,.\?-

MEMORANDUM OF AGREEMENT

ON

THE APPOINTMENT OF PROFESSIONAL ARCHITECT

Made this between of

_____________ , (hereinafter called "the Client" which expression shall, where the

context so admits, include his

of

successors-in-title, assigns and representative) of the one part and

___________ ,(hereinafter called the 'Architect' which

expression shall, where the context so admits, include his successors-in-title, executors, personal

representatives and assigns) of the other part.

Whereas the Client intends to -----------------------------

(Herein after called "the Services")

Now, Therefore, The Client and the Architect, for the consideration hereinafter named, agreed as

follows:-

1 APPOINTMENT OF ARCHITECT

1.1 The Client hereby appoints the Architect and the Architect hereby agrees to render the Services on the

project upon the terms and Conditions of Engagement for architectural services hereinafter set forth.

2 SCOPE OF SERVICES

2.1 The Architect, as Prime Consultant on building projects, shall undertake the responsibilities and

provide the Standard Services described in Schedule 1 and/or the Supplementary and/or Project

Management Services described in Schedule 2.

3 OBLIGATIONS AND AUTHORITY OF THE ARCHITECT

3.1 Care and Diligence

The Architect, in performing the Services and discharging all the obligations under clause 2 of these

Conditions, shall exercise reasonable care and diligence in conformity with the expected level of

professionalism.

3.2 Architect's Obligation

The Architect, as the Prime Consultant, is required to discharge the professional responsibilities as

provided in this document in an impartial manner for the success of the project.

3.3 Reports

The Architect shall keep the Client informed of progress in the performance of the Services and of any

issue that may affect the programme, cost or quality of the Project.

3.4 Limitation of Warranty and Insurances

3.4.1 Limitation of Warranty

The Architect does not warrant the performance, work or products of others who by their actions or

inactions affect the successful delivery of the Service.

Page 10: ITIONS OF ENGAGEMENT AND REMUNERATION 2012... · itions of engagement and remuneration

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ARCHITECTS REGISTRATION COUNCIL OF NIGERIA (ARCON) AND THE NIGERIAN INSTITUTE OFARC-i'ECiS 'lIA;

CONDITIONS OF ENGAGEMENT AND REMUNERATION FOR PROFESSIONAL ARCHITECT'S SERVICES - 21'- St:PTE\',BEO, :::011

3.4.2 Professional Indemnity Insurance

The Client shall allow for the provision of continuous all-risk insurance for all project phases, covering

professional indemnity and contractors all-risk insurance,

3.4.3 Architectural Standards Compliance Registration

The Client shall allow for the registration of building designs with the Architects Registration Council of

Nigeria in accordance with applicable guidelines and standards.

3.5 Co-operation

The Architect in performing the Services shall, when reasonably required by any of the persons

identified in Clause 4.3

i. co-operate with them as reasonably necessary for the carrying out of their services;

ii. provide them with information, as agreed in these Conditions, for carrying out their services;

iii. consider and comment on their work when necessary or as requested by them;

iv. integrate into the Architect's work relevant information provided by them.

3.6 Alterations to Services or Design

The Architect shall not effect major alterations on the scope of Services without the approval of the

client.

4 OBLIGATIONS AND AUTHORITY OF THE CLIENT

4.1 Information, Decisions, Approvals and Instructions

4.1.1 The Client shall provide the Architect with a comprehensive project brief and shall commission the

studies required to arrive at the budget and programme.

4.1.2 The Client shall supply accurate information as necessary for the proper and timely performance of the

Services.

4,1.3 The client shall not unnecessarily withhold information, decisions and approvals as may be required

for the timely execution of the Services.

4.1,4 The Client shall notify the Architect of his intention to make alterations and or amendments, subject to

the Architects right of reasonable objection.

4.1.5 All notices/requests for approvals or decisions from the Client by the Architect shall be responded to

within the agreed period.

4.1.6 The Client shall allow for the provision of continuous all-risk insurance for all project phases, covering

professional indemnity insurance,

4.17 The Client shall allow for the provision of Standards Compliance Registration for architectural buildings

and other projects with the Architects Registration Council of Nigeria (ARCON) and pay the related

statutory fees as set out by ARCON. Projects shall be issued with an ARCON Project Registration

Num be r to cer'tify that the work has been carried out by a duly r'egistered Architect.

� 1 8 The client shall make all payments due to the Architect in accordance with Clause 5 of this agreement.

4.2 Statutory and Other Consents Required

, -, The Cilen shall cause the making of applications for ali necessary perniits under the appropriate

1 - ..., Of{'nt "hall pay all statutory c harge s , fees, expenses and disbursements in respect of such 0(2' Q r",

Page 11: ITIONS OF ENGAGEMENT AND REMUNERATION 2012... · itions of engagement and remuneration

ARCHITECTS REGISTRATION COUNCil OF NIGERIA (ARCONI AND THE NIGERIAN INSTITUTE OF ARCHITECTS (NIAI

CONDITIONS OF ENGAGEMENT AND REMUNERATION FOR PROFESSIONAL ARCHITECT'S SERVICES - 21sT SEPTEMBER 2011

4.3 Appointment of Other Consultants

The Architect, as Prime Consultant, shall recommend the appointment of other consultants including

the clerk of works to work with him on the project. The appointed consultants as listed berow shall be

remunerated in accordance with their set professional remunerations; the architect shall co-ordinate

all deliverables by the appointed consultants for proper project delivery.

Project Manager, Planning Consultant, Quantity Surveyor, Structural Engineer, M echanical Services

Engineer, Electrical Services Engineer, Surveyors, Geo-Technical Engineers etc.

4.4 Responsibilities of Others

4.4.1 Service providers on the project shall:

a. be responsible for the competent performance of their services;

b. comply with the directives of the Architect and provide all information needed for the proper and

timely performance of their Services;

Page 12: ITIONS OF ENGAGEMENT AND REMUNERATION 2012... · itions of engagement and remuneration

ARCHITECTS REGISTRATION COUNCIL OF NIGERIA (ARCON) AND THE NIGERIAN INSTITUTE OF ARCHITECTS (NIA)

CONDITIONS OF ENGAGEMENT AND REMUNERATION FOR PROFESSIONAL ARCHITECT'S SERVICES - 21ST SEPTEMBER 2011

5 ARCHITECTS REMUNERATION (AR)

5.1 Standard Services (Architectural Design)

The initial fee paya ble to the Architect sha l l be a percentage of the estimated project cost, while the final fee shall be based on the adjusted fina l project cost, al l in accordance with Schedule 4.1.

5.2 Standard Services (Supervision)

The total remuneration payab le to the Architect for standard supervision services shall be based on time charges in accordance with Schedule 4.3.

Where the services of the Architect extend beyond the estimated contract period, the Architect shall continue to receive the hourly rate remuneration and expenses until completion of the project.

5.3 Additional Supervision and Residency

The total remuneration payable to the Architect for additional supervision and residency services shall be based on time charges in accordance with Schedule 4.3. Additional supervision and residency services are detailed in Schedl!le 2.3.

5.4 Repetitive Works

The total rem uneration payable to the Architect for repetitive works shall be based on the num ber and

nature of repeats and calcu lated in accordance with Schedule 2.4.

5.5 . Renovation Works

The fee payable to the architect for renovation, rehabilitation, refurbishing, retrofitting, restoration or remodelling works on existing premises shall be in accordance with Schedule 2.5.

5.6 Partia/Services

The remuneration payable to the Architect for Partial Services shall be charged in accordance with Schedule 2.6.

5.7 Project Management

The remuneration payable to the Architect for Project Management Services shall be charged in accordance with Schedule 4.3.

5.8 Other Additional and Supplementary Services

The total remuneration payable to the Architects for supplementary and additional services wil l be ca lculated in accordance with the applicab le detailed service descriptions in Schedule 2.8 and time charges or percentage charges in Schedule 4.3.

5.9 Reimbursable Expenses

The Architect shall be reimbursed by the Client for all expenses actually and properly incurred on the project as detailed in Schedule 2.9

.

5.10 Value Added Tax (VAT)

Remuneration and expenses arising under the Agreement are exclusive of Value Added Tax (VAT) which shall be added a ppropriately.

11 of 31

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ARCHITECTS REGISTRATION COUNCil OF NIGERIA (ARCONl AND THE NIGERIAN INSTITUTE OF ARCHITECTS (NIAl

CONDITIONS OF ENGAGEMENT AND REMUNERATION FOR PROFESSIONAL ARCHITECT'S SERVICES - 21ST SEPTEMBER 2011

S.H Remuneration Milestones

15% as initial payment on issuance of letter of Commission and Phase 1 instruction to proceed with the appraisal, programming and

DESIGN STAGE I project definition (Commitment Fee)

(OS I) 20% as payment for Concept Design.

Phase 2

Phase 3 25% as payment for Co-ordinated Detail Design.

DESIGN STAGE 11

(OS 11) Phase 4

40% as payment for all Construction documents.

TENDERING AND Phase 5

Payment based on minimum hourly rates in accordance with

AWARD (TA) Schedule 4.3 - pre-qualification of contractors, invitation to

tender, analysis, negotiation, recommendation and award.

Payment based on minimum hourly rates in accordance with CONSTRUCTION Phase 6 Schedule 4.3 - from site handover to contractor through to

completion.

Payment based on minimum hourly rat.es in accordance with

POST Schedule 4.3:

CONSTRUCTION Phase 7 Architects Post Occupancy Analysis (APOA)

Architects Post Occupancy Evaluation (APOE)

Table 5.11 a

NOTE: Should work on the construction extend beyond the estimated contract period, the Architect

and his team will continue to receive the hourly rate remuneration until completion of the project.

Remuneration and expenses are to be paid within 21 working days of submission. Any remuneration

and expenses due but continued to remain unpaid shall attract interest from the 22nd working day

after submission to the date of payment at the rate of 2.5% above the prevailing bank intr ate

ruling in Nigeria at that time.

l:Z-of 31

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ARCHITECTS REGISTRATION COUNOL OF NIGERIA (ARCON) AND THE NIGERIAN INSTITUTE OF ARCHITECTS (NIA)

CONDmONS OF ENGAGEMENT AND REMUNERATION FOR PROFESSIONAL ARCHITEers SERVICES - 21ST SEPTEMBER 2011

6 SCHEDULE OF PROFESSIONAL SERVICES

6.J Architectural Services Delivery Stages (ASDS)

For the purpose of this Agreement the Architect as the Prime Consultant, shall complete the Architectura� services in the following stages:-

SIN STAGE

1 Design Stage I

(OS I)

2 Design Stage 11

(OS 11)

3 Tendering and Award

(T&A)

4 Construction Stage

{CS)

S Post Construction

Period (PCP)

Table 6.1 a

6.2 Delay to Archite�s Services

. SCOPE

From the date of receipt of instructions to proceed until the submission of the final concept design including the preliminary estimated totai cost for CP�nt's Approval and as per agreed project programme.

From the date of£lient's approval of Design funtil the submission of the tender documents for Client's approval and as per agreed project programme.

From commencement of tender prOceSS to the award of the contract.

From handing-over site to the contractor, issuing of Architects Payment Certificates, completion and acceptance of the Works by the Client, defects liability Period, issuing.of the .practical Completion Certificate and the Final Payment Certificate.

Project hand over through the defects liability period up to final account.

Where there is a delay due to the Client's inability or that of third party assigned to provide decision or approval within an agreed period, the Architect may notify the Client of the suspension of the affected services. Any costs incurred at resumption shall be borne by the Client.

U Client Undertaking to Issue Approvals

The Client undertakes to process and issue any decisions and approvals that arise in line with clause 6.2.

7 INCAPACITY OF ARCHITECT

In the event of the Architect's incapacitation, the Client may make full use of all documents prepared by him pursuant to and for use under this Agreement without prejudice to the lien on such documents against unpaid fees. The Client shall not make use of such documents except for the purpose of the building Works which are the subject of this Agreement.

13 of 31

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ARCHITECTS REGISTRATION COUNCIL OF NIGERIA (ARCON) AND THE NIGERIAN INSTITUTE OF ARCHITECTS (NIA)

CONDITIONS OF ENGAGEMENT AND REMUNERATION FOR PROFESSIONAL ARCHITECT'S SERVICES - 21ST SEPTEMBER 2011

8 POSTPONEMENT OR ABANDONMENT

In the event of the whole or any part of the Services being postponed, a bandoned or delayed through no fault of the Architect, the Parties shall proceed as follows:

8.1 Instructions to postpone, abandon or delay work shall take effect a fter such instructions are received from the Client. The remuneration payable in this event shall be computed on a 'pro-rata ' basis to match the services delivered, with charges to cover overheads.

8.2 Notwithstanding clause 9.1 if instructions necessary for the Architect to continue work are not received from the Client six months after such instructions were requested, the services under this Agree ment shall be deemed to have been abandoned.

9 RESUMED AGREEMENT

9.1 If this Agreement, which has been a bandoned pursuant to Clause 8 is resumed without substantial a lteration within one year, any remuneration paid under Clauses 8.1 and 8.2 shall rank solely as payments on account towards the total remuneration on the execution of the Services herein and calculated on the total revised estimated costs of works.

9.2 Where this Agreement which has been abandoned pursuant to clause 8 is resumed at any time with substantial alteration or is resumed after one year, any remuneration paid under Clauses 8.1 and 9.1

shall be regarded as final paym ent for the Services originally rendered. The resumed Agreement shall be deemed separate and remuneration will be charged in accordance with Clause 5 of these conditiOns.

9.3 All additional services arising out of Clause 9.1 shall be remunerated on hourly rate basis.

10 ALTERATIONS AND MODIFICATIONS

All alterations and modifications to approved documents by the Client constitute additional services and shall be remunerated in accordance with schedule 4.3.

11 COPYRIGHT AND USE OF INFORMATION

11.1 Copyright The Architect owns the copyright of the work produced in the performance of the services and asserts the rights to be identified as the a uthor of the artistic work and or work of architecture com prising the Project.

11.2 Use of information The Client, with the express permission of the Architect, is allowed the use of documents produced by the Architect, hereinafter called 'the Material', only for purposes related to the Project on the Site or part thereof.

Provided that:

1. The Architect shall not be liable if the Material is modified other than by or with the consent of the Architect, or used for any purpose other than that for which it was prepared, or used for any unauthorised purpose;

2. Where the Client is in defa ult of payment of any a mounts due, the Architect reserves the right to withdraw his permission for the use of the Material, giving 7 days' notice of the intention to do so.

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ARCHITECTS REGISTRATION COUNCIL OF NIGERIA (ARCONl AND THE NIGERIAN INSTITUTE OF ARCHITECTS (NIAl

CONDITIONS OF ENGAGEMENT AND REMUNERATION FOR PROFESSIONAL ARCHITECT'S SERVICES - 21ST SEPTEMBER 2011

12 TERMINATION

This Agreement may be terminated at any time by either party on the expiration of reasonable notice

when the Architect shall be entitled to remuneration in accordance with the provisions of Clause 8.1.

13 FORCE MAJEURE

The Architect will not be responsible for any damage or delay to the Works or delays to the Services

attributable to Force Majeure. In the event of Force Majeure, the Architect shall give the Client written

notice. Where Force Majeure actuaUy results in such delays or additional service, the Architect shall be

entitled to reasonable reimbursement and extension of time where applicable.

14 LAWS OF THE AGREEMENT

This Agreement shall be governed by the laws of the Federal RepubHc of Nigeria.

15 ARBITRATION

15.1 Any disputes arising out of this Agreement which cannot be settled by mutual agreement shaH be

referred to an arbitrator to be agreed between the parties or� failing such agreement within a month, to an arbitrator appointed by the President of the Nigerian Institute of ArchiteCts.

15.2 Any such reference shan be deemed to be a submission t-o arbitration within the Arbitration and

Conciliation Act Cap A18 of the laws of the federation of Nigeria 2004 and any subsequent revisions thereto.

15.3 The findings of the arbitrator shall be bindjng on the parties hereto .

15 of 31 . _----_.-

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ARCHITECTS REGISTRATION COUNCIL OF NIGERIA (ARCON) AND THE NIGERIAN INSTITUTE OF ARCHITECTS (NIA)

CONDITIONS OF ENGAGEMENT AND REMUNERATION FOR PROFESSIONAL ARCHITECT'S SERVICES - 21ST SEPTEMBER 2011

AS WITNESS WHEREOF the Parties hereto have hereunder set their hands the day and year first above written.

16 ATTESTATION I

SIGNED AND DELIVERED by:

Signature:

for and on behalf of the Client:

in the presence of:

Witness Signature:

Name in block letters

Address

SIGNED AND DELIVERED by :

Signature: ----------_._-_._------_._._-----_._--- ----

for and on behalf of the Architect

in the presence of:

Witness Signature: ___ --0 ____ -

Name in Block letters:

Address:

-_._-_._----------

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:-�-�

� - , �- ! CONDITIONS OF ='is;'G='�=''T A'C �=MUNERATION FOR PROFESSIONAL ARCHITECT'S SERVICES - 21ST SEPTEMBER 2011 .. T ".,.,.

17 SCHEDULES

Schedule 1. DETAILED SCOPE OF STANDARD ARCHITECTURAL SERVICES

1.1 Preliminary And Final Concept Design (Phases 1 & 2)

1.1.1 Phase 1: - Commitment (15% of Percentage Remuneration as calculated in Schedule 4)

Receive, a ppra i se and report on the client's requirements with particular regard to site information, planning and statutory regulations and budget and produce site ana lysis and report.

Guide and advise the client on:

a . Procedures to meet h is requirements

b. Constra ints and challenges in meeting his requirements

c. The need for the a ppointment of other consultants

d. Selection of procurement methods

e. Challenges, opportunities and project cost i mplications emanating from the site analysis report

1.1.2 Phase 2: - Concept Design (20% of Percentage Remuneration in accordance with Schedule 4)

Prepare a design concept in broad outline showing site situation and planning, space provisions, planning relationships and materials and services intended to be used.

Guide and advise the client on:

a. The technical and functional characteristics of the project as proposed

b. The estimated costs in relation to the budget

c. The anticipated project programme

d. The input of other consultants and specialists.

1.2 Detail Design & Production Drawings (Phases 3 & 4)

1.2.1 Phase 3: - Coordinated Detail Design (25% of Percentage Remuneration in accordance with Schedule 4 except item 'e' below)

Develop the d esign concept in suffici ent deta i l to:

a. Deta i l the site plan and the location o f all site structures

b, Graphically d efine the construction of the build ing

c. Spatially coordinate the designs by other consultants and specialists

d. Review the design with the relevant authorities

e. Submit the project for planning approva ls (based on tim e charges)

1.2.2 Phase 4: - Construction Documentation (40% of Percentage Remuneration in accordance with

Schedule 4)

a. Preparation of construction documentation and coord ination of construction documentation with the designs by other consultants and specia lists.

b. Selection of a ppropriate Condit ions of Contract for the project.

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ARCHITECTS REGISTRATION COUNCIL OF NIGERIA (ARCON) AND THE NIGERIAN INSTITUTE OF ARCHITECTS (NIA)

CONDITIONS OF ENGAGEMENT AND REMUNERATION FOR PROFESSIONAL ARCHITECT'S SERVICES - 21ST SEPTEMBER 2011

c. Determination of appropriate Preliminary Items to suit actual site conditions and project nature.

d. Provision of data for o btaining estimates and other information.

e. Preparation of Schedules and Written Specifications.

f. P rovision of data for the preparation of information for the Bi lls {)f Quantities (BOQ),

g. Coordination and reconciliation of all drawings with the Bill of Quantities to eliminate discrepancies

between drawings and the Bill of Quantities.

1.3 Tendering and Award - Phase 5 (Time Charges)

a. Guide and advise the Client in the pre-qualification of contractors, sub-contractors and invitation of suitable firms to tender

b . Obtain, analyse, negotiate, report and recommend on the tenders.

1.4 Construction Stage (CS) - Phase 6: (Time Charges)

a . Direct and co-ordinate the contractor's possession of site, review and approve the works programme.

b . Supervise and co-ordinate the construction works and other consultants' inputs.

c. Co-ordinate and preside over monthly site meetings, techn ical meetings as welJ as other site visits.

d. Issue Archjtect's payment certificates (APC);

e . Prepare and submit Quarterly Pmgress Reports (QP-R) .

f. Jssue Architects Site Instructions (ASI), revised designs and additiona1 drawings and detaiJs.

g. Issue Architects Material and -Component Sample Approvals (AMCSA) and material test approvals.

h . Inspect off-site materials i ntended for the project at points of origin .

i . Attend special meetings and consultations with the client.

j. Produce special reports and documentation.

k. Oversee and supervise the testing and commissioning of equipment and collate relevant technical

reports.

I . Co-ordinate and manage the handover of works to the client.

m. Prepare schedule of defects and manage the defects Hability period.

n . Issue Architects Practical Completion Certificate (APCC).

o. Co-ordinate and manage the preparation of final account and its acceptance as well as issue Architect's Final Payment Certificate (AFPC).

p . Prepare, coordinate and collate as-built drawings.

q. Prepare, coordinate and collate maintenance manuals.

r. Receive, direct, review and recommend on claims.

s. Prepare project performance appraisals

t. Prepare building performance appraisals

These services shall be charged on hourly rate basis in accordance with Schedule 4.3.

1.5 Existing Structures

The scope of work for existing structures shall include:

a. Surveys and inspections

b. Production of Measured drawings

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AROiITECB ItEGIST1tAllOM CDUNOl OF NIGBIIA (AIICON) AND THE NIGERIAN IIIISTTlUl£ OF NIOifTECTS INIA)

CON DmONS OF ENGAGEMENT AND REMUNERATION FOR PROFESSIONAL ARCHITECT'S SERVICES - 21ST SEPTEMBER 2011

c. Preparat ion of schedule of dilapidations, schedule of conditions, etc, a nd associated drawings and docu mentation

d. Renovation, Reha bilitation, Refurbishing, Restoration, Retrofitting and Remodelling.

e. Demolitions

These services shall be charged o n percentage basis in accordance with Schedule 4. 1 for Design Stages I & 1 1 and on a n hourly rate basis, in accordance with Schedule 4.3. for Construction Stage and additional services.

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ARCHITECTS REGISTRATION COUNCIL OF NIGERIA (ARCON) AND THE NIGERIAN INSTITUTE OF ARCHITECTS (NIA)

CONDITIONS OF ENGAGEMENT AND REMUNERATION FOR PROFESSIONAL ARCHITECT'S SERVICES - 21ST SEPTEMBER 2011

Schedule 2. DETAILED SCOPE OF SUPPLEMENTARY ARCHITECTURAL SERVICES

The fol lowing services are not included in the standard services described in Schedule 1 and constitute

additional services which shall attract separate remuneration.

2.1 Standard Services (Architectural Design)

See Schedule 1

2.2 Standard Services (Supervision)

See Schedule 1

2.3 AdditionaJ Site Visits and Residency

2.3.1 Additional Site Visits:

Where a project requires site visits over and above the standard one visit-per-month, it shal l be regarded as additional service and shal l attract additional remuneration in accordance with Schedule

4.3.

2.3.2 Residency: t

. Resident :Supervision - maintaining professional personnel on site on a dai ly basis. The cost of

maintaining resident personnel shall be charged on an hourly rate basis in accordance with Schedule

4.3. The cost of accommodation, transportation and other expenses shall be in accordance with

Schedule 2.9.

2.4 Repetitive Works

The remuneration for pre-contract services (Design Stages I & 1 1 ) for repetitive work shal l be ful l

remuneration for the first bui lding, while subsequent repeats shall attract reduced fees in accordance

with the table 2.4a below:

SIN NUMBER OF REPEATS % REMARKS

1 First 1 shall be charged at 100% Ful l fees for fi rst building.

2 Next 10 repeats shal l be charged at 50% the remuneration of the first bui lding x 10.

3 Next 20 repeats shal l be charged at 30% the remuneration of the first building x 20.

4 Next 30 repeats shal l be charged at 20% the remuneration of the first building x 30.

5 Over 60 repeats shal l be charged at 10% the remuneration of the first bui lding x 60+.

Table 2.4 a

The remuneration for post-contract services (Le. construction stage) for repetitive works sha l l be charged on hourly rate basis in accordance with Schedule 4.3. The remuneration for the external works

sha l l be charged in accordance with schedule 4.1.

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ARCHITECTS REGISTRATION COUNCIL OF NIGERIA (ARCON) AND THE NIGERIAN INSTITUTE OF ARCHITECTS (NIA)

CONDITIONS OF ENGAGEMENT AND REMUNERATION FOR PROFESSIONAL ARCHITECT'S SERVICES - 21ST SEPTEMBER 2011

2.5 Renovation Works

2.5.1

2.5.2

2.5.3

2.5.4

2.5.S

2.S.6

Renovation works shall include rehabilitation, refurbishing, retrofitting, restoration and remodelling

and shall be carried out in the following stages:

Conditional Survey

As-built Drawings

Design Stage I

Design Stage 1 1

Construction Stage

Post Construction

The fee payable to the architect for renovation works shall be in accordance with the applicable

sections of schedule 4.

2.6 Partial Services

The total remuneration payable to the Architect appointed to render partial services shall be charged

in accordance with Schedule 4.2.

2.7 Project Management Services:

The Project M anager coordinates the logistics of t he Project and activities of other Consultants as they

relate to the Client. He does not take professional responsibility for the performance of any of the

other Consultants. It shall constitute an additional service for the Architect.

2.7.1 Architect as Project Manager

The Architect as the Project Manager shall be the Client's representative on the project team for the

coordination of logistics and general support services as required by the size and nature of the project.

Remuneration shall be in accordance with Schedule 4.3.

2.8 Other Additional and Supplementary Services

The total remuneration payable to the Architects for supplementary and additional services shall be

charged in accordance with Schedule 2 and Schedule 4.3.

2...8-1 Pre-design Stage 1.1 Feasibility Studies - The object of this study is to identify the parameters of the project in terms of

facil ities and functions, space use, budget inclusive of remuneration, the programme, other

consuttants to be engaged and services required; shall be charged on hourly rate basis in accordance

with Schedule 4.

1. The preparation of the client's brief shall be charged on hourly rate basis in accordance with Schedule

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ARCHITECTS REGISTRATION COUNCIL OF NIGERIA (ARCON) AND THE NIG ERIAN INSTITUTE OF ARCHITECTS INIA)

CONDITIONS OF ENGAGEMENT AND R EMUNERATION FOR PROFESSIONAL ARCHITECT'S SERVICES - 21ST SEPTEMBER 2011

2 . 8 .1 .5 Site se lection, su rvey and locatio n serv ices sha l l be charged on hour ly rate bas is in accorda nce with

Schedu le 4.

2 . 8 .1.6 Env i ronmenta l Im pact Assessment ( E IA) stud ies and reports s h a l l be charged on hourly rate bas is in

accordance with Schedu le 4.

2.8.2 Design Stage (OS)

2 . 8 . 2 .1 The product ion of Pr imary Digita l I nformation (PD I ) which inc ludes d ig ita l soft-co py of CAD (computer

a ided design) drawings and o r B I M ( b u i l d i ng i nfo rmation model l i ng) fi les by the a rch itect sha l l attract

add itiona l rem u neration charged at 1% of the Adjusted Cost of Project on the co mp letion of Design

Stage I I (DS 1 1 ) . 2 . 8 . 2 . 2 Design Qua l ity Management (DQM ) a nd Arch itects Value Enginee r i ng (AVE ) re muneration sha l l be on

hou rly rate bas i s i n accordance with Schedu le 4.

2 . 8 . 2 . 3 P rocess i ng fo r and Obta i n i ng Bu i l d i ng Permit, th i s service sha l l be on hou rly rate bas i s i n accorda nce

with Schedu le 4.

2 . 8 . 2 .4 The provis ion of supp lementary o r revised documentation due to the ex ige ncies of the project or

revised requ i rements of the c l ient ar is i ng afte r the fi rm has received the c l ie nt 's i nstruction s to

commence h is work: Provided that a ny other addit iona l re m u neratio n do not cover such

documentation. Remuneratio n sha l l be o n hourly rate bas i s i n accorda nce w ith Sched u le 4.

2 . 8 . 2 . 5 I m p reSS ions, Mode l s and I l lustrations : remunerat ion sha l l be charged at cost p l us 35%.

2 . 8 . 2 . 6 Energy conservat ion services s h a l l be remunerated based on hour ly rate bas is i n accordance with

Schedu le 4.

2 . 8 . 2 . 7 Human a n d veh icu lar t raffic stud ies a n d des ign sha l l be re munerated based on hour l y rate basis i n

accordance with Schedu le 4 .

2 . 8 . 2 .8 U rban design : th i s service sha l l be remunerated based on hou rly rate bas is i n accordance with

Schedu le 4.

2 . 8 . 2 . 9 Maste r s i te p l ann i ng/layout p lann i ng of futu re bu i l d i ngs related to the cu rrent works; s h a l l be

remunerated based on hourly rate bas i s in accorda nce with Schedule 4.

2 . 8 . 2 .10 P romotiona l mater ia l th i s service s h a l l be rem u nerated based o n hou r ly rate bas is in accordance with

Schedu le 4.

2 . 8 . 2 .11 Graph ics and s ignage; th i s service s h a l l be rem u nerated based on hour ly rate basis in accordance with

Schedu le 4.

2 . 8 . 2 .12 P urpose-made items; this service s h a l l be rem unerated based on hour ly rate basis in accordance with

Schedu le 4.

2 . 8 . 2 .13 Schedu le of fu rn i sh i ng and fu rn iture i nc lud i ng the sel ection, documentat ion and procurement of

furn itu re and fu rn i sh i ngs and spec i a l fi n i shes or fixtures; this sha l l be rem u nerated based on hourly

rate bas is in accordance with Schedu le 4 .

2 . 8 . 2 .14 P l a nt procurement, operationa l and product ion layouts; th i s service sha l l be remunerated based on

hour ly rate basis i n accordance with Schedu le 4.

2 . 8 . 2 .15 Acoustic Design; th i s service sha l i be remunerated based on hour ly rate basis i n accordance with

Schedu le 4.

2 . 8 . 2 .16 L ight ing Des ign; th i s service sha l l be rem u nerated based on hou r ly rate basis in accorda nce with

Schedu le 4.

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ARCHITECTS REGISTRATION COUNCIL OF NIGERIA IARCONI AND THE NIGERIAN INSTITUTE OF ARCHITECTS INIAl

CONDITIONS OF ENGAGEMENT AND REMUNERATION FOR PROFESSIONAL ARCHITECT'S SERVICES - 21ST SEPTEMBER 2011

2.8.2.17 Material Selection Procurement; this service shall be rem unerated based on hourly rate basis i n accordance with Schedule 4.

2.8.2.18 I nterior Architecture: shall be rem unerated based on hourly rate basis in accordance with Schedule 4.

2.8.2.19 landscape Architecture: rem uneration shall be remunerated based on hourly rate basis i n accordance with Schedule 4.

2.8.3 Tendering and Award (TA)

2.8.3.1 Procurement remuneration shall be on hourly rate basis i n accordance with Schedule 4.

2.8.3.2 Quality control, assurance and accreditation of service providers (contractors, subcontractors, specialists etc); this service shall be remunerated based on hourly rate basis in accordance with Schedule 4.

2.8.3.3 Negotiations (Client Management Services) remuneration shall be on hourly rate basis in accordance with Schedule 4.

2.8.4 Construction

2.8.4.1 Access/Hoist way for Fa�ade Maintenance this service sha-II be on hourly rate basis in accordance with Schedule 4.3

2.8.4.2 Computation of variations and valuations; remuneration shall be on hourly rate basis in accordance with Schedule 4.3

2.8.4 . 2 Services concerning disputes a n d litigation associated with t h e project; remuneration shall be on hourly rate basis in accordance with Schedule 4.3

_.8.4.3 Services concerning work arising from the insolvency or liquidation of a party related to the building contract; remuneration shall be on hourly rate basis in accordance with Schedule 4.3

2.8.4.4 As bui�t drawings; remuneration shall be on hourly rate basis in accordance with Schedule 4.3

2.8.4.5 Maintenance a nd operating manuals. This service shall be charged on- hourly rate basis in accordance with Schedule 4.3

2.8.4.6 lessons Learnt (Building Performance Appraisal); remuneration shall be on hourly rate basis in accordance with Schedule 4.3

2..8 .4.7 Lessons Learnt (Project Performance Appraisal); remuneration shall be o n hourly rate basis in accordance with Schedule 4.3

Post Construction

J Architects Post Occupancy Analysis (APOA); remuneration- shall be on hourly rate basis i n accordance with Schedule 4.3

Architects Post Occupancy Evaluation (APOE); remuneration shaH be on hourly rate basis in accordance with Schedule 4.3-

. . remuneration shall be on hourly rate basis in accordance with Schedule 4.3

� ... vnr-::>�inn: remuneration shall be on hourly rate basis i n accordance with Schedule 4.3

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ARCH ITECTS REGISTRATION COUNCIL OF NIGERIA (ARCON) AND THE NIGERIAN I NSTITUTE OF ARCH ITECTS (NIA)

CONDITIONS OF ENGAGEMENT AND REMUNERATI ON FOR PROFESSIONAL ARCHITECT'S SERVICES - 21ST SEPTEMBER 2011

2.8. 6.3 Schedules of dila pidations/condition surveys: remuneration sha l l be on hourly rate basis in

accordance with Schedule 4.3

2.8. 6.4 Pre-com petition, Jury, post adjudication a nd other services for architectura l design competitions

sha l l be in accordance with the ARCON/N IA a pproved Guidel ines fo r Architectura l COM petitions

published by the Nigerian Institute of Architects: remuneration sha l l be on hourly rate basis in

accordance with Schedule 4.3

2 .8 . 6.5 Green building rating: remuneration sha l l be on hourly rate basis in accordance with Schedule 4.3

2 .8 .6 .6 Green bui lding faculty services: remuneration sha l l be on hourly rate basis in accordance with

Schedule 4.3

2 .8 .6 .7 Green building rating assessment: remuneration sha l l be on hourly rate basis in accordance with

Schedule 4 .

2 .8.6.8 Specia l reports: remuneration sha l l be on hourly rate basis in accordance with Schedule 4.3

2.8.6 .9 Monitoring and Eva luation (M&E) of inputs, outputs, impacts and outcomes of projects and

program mes. Remuneration shall be on hourly rate basis in accordance with Schedule 4.3.

2.9 Reirnbursable Expenses I

2.9.1 'Same-City' Reimbursable Costs:

The Client sha l l pay f�r communications, printing, drawing reproduction and loca l trave l - 0 . 6% of

project cost in accordance with Schedule 4.

2.9.2 'Out-of-City' Reimbursable costs:

The Client sha l l pay for a l l expenses actua l ly a nd properly incurred in respect of trave l, transportation,

accommodation, renta l s, printing and reproduction and other project expenses which occur outside

the town of residence of the Architect, denoted in Schedule 4 as 'out-of-city expenses' upon

presentation of detai led invoices with supporting receipts. Payment sha l l be actua l cost p lus 15%. This

payment sha l l be in addition to such expenses as described in Schedule 2 . 9 . 1 .

2.10 Additional services not contemplated i n standard services, the need for which is not attributable to the Architect, shal l be remunerated based on hourly rates basis in accordance with Schedule 4.

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Schedule 3.

ARCHITECTS REGISTRATION COUNCIL OF NIGERIA (ARCON) AND THE NIGERIAN I NSTITUTE OF ARCHITECTS (NIA)

CONDITIONS OF ENGAGEMENT AND REMUNERATION FOR PROFESSIONAL ARCHITECT'S SERVICES � 21ST SEPTEMBER 2011

DETAILED SCOPE OF SERVICES AND RENUMERATIONS FOR THE ARCHITECT AS PROJECT

MANAGER

3 . 1 Project Management Services

1. Identification of the client's objectives and priorities

2. Development and preparation of the brief

3. Prepare an option / feasibi lity report

4. Execute a risk analysis exercise

5 . Establish the budget and the total project programme

6. Advise on the design team selection

7. Establish and manage integrated communication and information systems between the client and the

Design Team

8. Advise on the appropriate procurement strategy

9. . Establish the pre-contract control systems and execute a va lue analysis exercise

10. Monitor planning permission and other statutory consents

1 1 . Facilitate and receive tenders evaluation / report including the selection of contractor(s)

12. Establish the post contract time, cost and qual ity control and management systems

13. Receive from Prime Consultant, Qua rterly Progress Reports (QPR), through to the project completion

commissioning and occupation.

These services shal l be charged in accordance with Schedule 4.

3.2 Additional And Supplementary Project Management Services Rendered By The Architect

3 . 2 . 1 Normal Supervision of Works (Construction); remuneration shal l b e o n hourly rate basis in accordance

with Schedule 4.

3.2 .2 Resident supervision remuneration shall be on hourly rate basis i n accordance with Schedule 4.

3 .2.3 Interior decoration remuneration shal l be on percentage basis in accordance with Schedule 4.

3.2.4 Renovation, Rehabil itation, Refurbishing, Restoration, Remodel l ing, Retrofitting etc; remuneration

shal l be on percentage basis in accordance with Schedule 4.

3 .2 .5 Landscaping remuneration shal l be on percentage basis in accordance with Schedule 4.

3 .2 .6 Negotiations (Cl ient Management Services) remuneration shal l be on hourly rate basis in accordance

with Schedule 4 . .

3.2.7 Specia l reports remuneration shal l be on hourly rate basis in accordance with Schedule 4.

3 .2 8 Pre-design services remuneratioR shal l be on hourly rate basis i n accordance with Schedule 4.

3.2-9 Computation of variations and va luations remuneration shal l be on hourly rate basis in accordance

Se edule 4.

1"U 11O .. r.:>�· ; remuneration shal l be on hourly rate basis in accordance with Schedule.

fa . gs remuneration sha l l be on hourly rate basis in accordance with Schedule 4.

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ARCH ITECTS REGISTRATION COUNCIL OF NIGERIA (ARCON) AND THE NIGERIAN I NSTITUTE OF ARCH ITECTS (NIA)

,CONDITIONS O F ENGAGEMENT AND REMUNERATION FOR PROFESSIONAL ARCHITECT'S SERVICES - 2151 SEPTEM BER 2011

3 .2 . 12 Schedules of d ilapidations/condition surveys; remuneration sha l l be o n hourly rate basis in accordance

with Schedule 4.

3 . 2 . 13 Feasibility studies; remuneration sha l l be o n hourly rate basis in accordance with Schedu le 4 .

3 . 2 . 14 Green building ratin g remuneration shall be o n hourly rate basis in accordance with Schedu le 4 .

3 . 2 .15 Green building rating faculty se rvices remuneration shall be o n hourly rate basis i n accorda nce with

Schedule 4.

3 . 2 . 16 Green building rating assessment remuneration shall be on hour ly rate basis in accordance with

Schedule 4.

3 . 2 . 17 Arbitration remuneration shall be o n hourly rate basis in a ccorda nce with Schedule 4.

3 . 2 . 18 Design Audit remuneration shall be on hourly rate basis in a ccordance with Schedu le 4.

3 . 2 . 19 Lessons Learnt (including Building Performance Appra isal) remuneration shal l be on hourly rate basis

in accordance with Schedule 4.

3 . 2 .20 Design Quality Management (DQM) remuneration sha l l be on hourly rate basis in accordance with

Schedule 4.

3 . 2 .21 Procurement remuneration sha l l be on hourly rate basis in accordance with Schedule 4.

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Schedule 4.

ARCHITECTS REGISTRATION COUNCIL OF NIGERIA (ARCON) AND THE NIGERIAN I NSTITUTE OF ARCHITECTS (NIA)

CONDITIONS OF ENGAGEMENT AND REMUNERATION FOR PROFESSIONAL ARCHITECT'S SERVICES - 21ST SEPTEMBER 2011

ARCHITECTS REMUNERATIONS, RATES AND CALCULATIONS

4.1 Remuneration for Standard Services and Reimbursables

4.1.1 Remuneration for standard services for Design Stages I and 11 shall be 4.75% of the Estimated Project

Cost for new projects, and 9.5% for services on existing structures all of which shall be adjusted

appropriately at the end of Design Stage 11 for the final fees payable to the Architect.

4.1.2 All remunerations payable to the Architect shall be in accordance with Table S .l1a.

4.1.3 Remunerations for Tendering and Construction Stages shall be charged on the minimum hourly rates

in accordance with Schedule 4.3.

4.2 Remuneration for Partial Services

4.2.1 Where the Architect is appointed to render a partial service, the rem uneration shall be charged in

accordance with Schedule 4 and adjusted for the scope of services rendered in accordance with

Schedule 1.

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ARCHITECTS REG ISTRATION C O U N C I L OF N I G E R I A (ARCONI AND T rl E N GC: lA'" , NST,JI< 0= ,-l-::c-5 ...

CONDITIONS OF ENGAG E M E NT AND R E M U N E RATION FOR PRO FESSIONAL ARCHITECT'S S E RVICES - 21" S E PTE M B E R 2011

4.3 Hourly Rates for Architectural Services

4.3.1 M i nimum Hourly rates for Architectural Services Rendered

The fol lowing minimum hourly rates are chargeable:

SIN Professional Cadre

1 Chief Architect Consultant (CAC) /Fel low

2 Principal Architect Consultant ( PAC) /Fel low

3 Senior Architect Consultant (SAC) /Fel low

4 Architect Consultant (AC) I

5 Architect Consultant (AC) 1 1

6 Architect •

7 Associate Architect

8 Graduate Architect

9 Architectural impressionist

10 CAD Technician

11 Architectural Technologist

12 Secretarial Services

Senior Secretary

Secretary

Assistant Secretary

13 Drivers

Senior Driver ,

Driver

14 Others

Table 4.3.1 a

M i nimum Years

of Experience

30 & above I 25 - 29

20 - 24

15 - 19

10 -14

5 - 9

1- 4

-

- I

-

-

-

-

-

I -

-

*Hourly Rates N

100,000

85,000

70,000

45,000

35,000

30,000

25,000

20,000

20,000

15,000

15,000

10,000

7,500

5,000

10,000

7,500

*This hourly rate is subject to annual adjustment usi ng the inflation i nd€x of the Central Bank of

Nigeria.

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ARCHITECTS REGISTRATION COUNCIL OF NIGERIA (ARCON) AND THE NIGERIAN I NSTITUTE OF ARCHITECTS (NIA)

CONDITIONS OF ENGAGEMENT AND REMUNERATION FOR PROFESSIONAL ARCHITECT'S SERVICES - 21ST SEPTEMBER 2011

4.4 Reimbursables for All Services

,

!

SIN

4.4.1

4.4.2

4.4.3

Reim bursables for a l l the services as stated a bove sha l l be based on the Adjusted Cost of Project with

the exception of 4.4.3 and 4.4.4.

DESCRIPTION CHARGE REMARKS

Reimbursables (flat rate) - Architecture 0 . 6% of Adj usted Cost of project same city

Reimbursables (flat rate) - Project 0.2% of Adj usted Cost of project sa me city

Management

Reimbursables - Atchitecture cost plus 15% administrative outside city

charge

.4.4 Reimbursa bles - Project Management cost plus 15% administrative outside city

charge.

4.5 Payment Time Limit

All remunerations due sha l l be honoured within 21 working days, failing which it sha l l attract interest

at 2.5% a bove prevailing bank rate for the period of delay;

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ARCHITECTS REGISTRATION COUNCIL OF NIGERIA (ARCONl AND TH E NIGERIAN I N STITUTE OF ARCH ITECTS (NIAl

CONDITIONS OF ENGAGEMENT AND REMUNERATION FOR PROFESSIONAL ARCH ITECT'S S E RVICES - 2 1ST SEPTEMBER 2011

18 AMENDMENT TO CONDITIONS OF ENGAGEM ENT AND RE M U N E RATI O N S

i) The Remunerations contained in this agreement are as cu rrently pub l i shed by the Architects

Registration Council of Nigeria (ARCON) and The Nigeri an I n st i tute of Arch itects, ( N IA) and the said

Remunerations shall be subject to review and amendment by The Cou n c i l and The I n st i tute .

ii) The Architect shall have the right to revise, alter or amend the Remunerations app l icab le to this

agreement in the event of a change or amendment of the sa id Remunerat io n s as pub l i shed by the

Architects Registration Council of Nigeria (ARCON) a nd the N igerian I nstitute of Architects ( N I A) .

iii) A change or a lteration in the Remunerations app l i cab le to th is Agreement shall become effective immediately upon the expiration of 30 days from the de l ive ry of notification by the Arch itect to the

'Client/Employer of the revised Remunerations (as pu b l i s hed by ARCON and NIA).

19 ATTESTATION 11

SIGNED A N D DEL IVERED by:

Signature:

for and o n behalf of the Client:

in the presence of:

Witness Signature:

N a me in block letters

Address

SIGN E D A N D D ELIVERED by :

Signature:

for and on behalf of the Architect

in the presence of:

Witness Signature:

Name in Block letters:

Address:

------------ ._-_. __ . __ ._--

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ARCHITECTS REGISTRATION COUNCIL OF NIGERIA (ARCON) AND THE NIGERIAN INSTITUTE OF ARCHITECTS (NIA)

CONDITIONS OF ENGAGEMENT AND REMUNERATION FOR PROFESSIONAL ARCHITECT'S SERVICES - 21ST SEPTEMBER 2011

20 ADDENDUM - ARCON PROJECT REGISTRATION FORMS

ARCON Project Registration N o :

20. 1 Project Registration Details PROJ ECT NAME:

TYPE OF PROJECT(S} :

LOCATION OF PROJECT(S} :

ESTIMATED PROJECT COST:

EMPLOYER/CLIENT:

ADDRESS:

CONSULTANT:

ADDRESS:

NOTES:

20.2 Contract Registration Details DATE OF CONTRACT AWARD:

DATE OF CONTRACT SIGNING:

CONTRACTOR:

ADDRESS:

CONTRACT SUM:

NOTES:

20.3 Contract Completion Details DATE OF POSSESION OF SITE:

DATE OF FINAL COMPLETION:

DATE OF FINAL HANDOVER:

FfNAL CONTRACT SUM:

NOTES:

D OF AGREEMENT

ISSUE DATE