A
PAPER REPORT ON
ARC 807 PROFESSIONAL PRACTICE AND PROCEDURE
ASSIGNMENT TWO FOR 2012/2013 SESSION
SCOPE OF WORKS FOR CONSULTANT ARCHITECTS ACCORDING TO THE 1996 CONDITIONS OF ENGAGEMENT AND CONSULTANCY SERVICES AGREEMENT (NUMBER 21)
Complied by
ADEYANJUADEDAMOLA
ARC/00/8500
THE DEPARTMENT OF ARCHITECTURE,
SCHOOL OF ENVIRONMENTAL STUDIES,
FEDERAL UNIVERSITY OF TECHNOLOGY AKURE, ONDO-STATE
LECTURERS IN CHARGE
Prof. O. O. Ogunsote
Arc. S. A. Bobadoye
Arc. J. A.Afolami
Arc. R. P. OMALE
TABLE CONTENTS
Title page
1.0 INTRODUCTION
1.1 FEASIBILITY STUDIES
1.2 DEFINITION OF TERMS
2.0 APPOINTMENT OF CONSULTANT
2.1SCOPE OF SERVICES
2.2 REMUNERATION
2.2.1. The Normal Service
2.2.2 Partial Services.
2.2.3. Additional Services
3.0 REIMBURSABLE EXPENSES
3.1 METHOD OF PAYMENT
4.0 SCOPE OF PROFESSIONAL SERVICES FOR THE CONSULTANT ARCHITECTS
4.1 THE NORMAL SERVICES
4.2 PARTIAL SERVICES
4.3 ADDITIONAL SERVICES
CONCLUSIONS
RECOMMENDATIONS
REFERENCE
1.0 INTRODUCTION
This Form of Consultancy Services Agreement is issued by The Nigerian Institute of Architects based on the Federal Government Approved 1996 Scale of Fees.With effect from 12th April, 1 996 the Federal Ministry of Works and Housing signedinto use Scale of Fees for Consultancy Services payable by the Public Sector to allprofessions involved in the Construction Industry and allied professions.
In addition to complying with the mandatory minimum fee scale, the Institute issues this document and in this new document it has been possible to include the Form of Agreement supported by schedules relating to the responsibilities of the Consultants Architects who may be involved in the project.(The Nigerian Institute of Architects, 2000)
1.1 FEASIBILITY STUDIES
1 Unless otherwise required, the Employer will commission the Prime Consultant to prepare a Feasibility Study for the Project before this Agreement is signed. This mayinclude a study of the accommodation and the site etc.
2. The objective of this Study is to identify the parameters of the project in terms of Budget
3: The brief for this will be in the form of a Standard check list and the service will beundertaken for a lump sum fixed fee to be agreed before-hand with the Employer,based upon time charges taking into account all relevantfactors and including an allowance for expenses. This fee shall not exceed 0.2% of theEstimated Total Cost of the Project excluding reimbursable.(The Nigerian Institute of Architects, 2000)
1.2 DEFINITIONS OF TERMS
A Prime Consultantis the leader of the team of Consultants on a project.He conceives the designs, produces the guiding sketches and co-ordinates
The Employershall mean tile person or organisation or Government obtaining the professional services under this Agreement.
The Consultantshall mean the professional organisation or person commissioned by the Employer to carry out the Services required under the Agreement.
The Servicesshall mean professional services.
Repetitive Worksshall mean unit(s)of the same design types and specification to be constructed on same site or other sites.
2.0 APPOINTMENT OF CONSULTANT
The Employer hereby commission the Consultant and the Consultant hereby agrees to act as Consultant in connection with the Project upon the terms and conditions and scale of professional charges hereinafter set forth.
2.1. SCOPE OF SERVICES
The Consultant shall undertake the responsibilities and provide the services described in the First Schedule annexed hereto as hereinafter:
1.The Normal Services,
2.Partial Services,
3.Additional Services.(The Nigerian Institute of Architects, 2000)
2. 2 REMUNERATION
2.2.1. The Normal Service
For the performance of the services, the Consultant shallbe paid in accordance with the Scale of Fees laid down by the Government andpublished under the title "Consultancy Fees Payable by the Public Sector".
The total fee payable to the Consultant will bebased upon an. Estimated Total Cost of the Project (ETC).
2.2.2 Partial Services.
For the performance of the services, the Consultant shallbe paid in accordance with the Scales of Fees in the Second Schedule.
The total fee payable to the Consultant will bebased upon an estimated Total Cost of the Project.
2.2.3. Additional Services
For the performance of the services described, the Consultant shallbe paid:-
(a) in accordance with the Scales of Fees
(b) Upon a Provisional fee calculated on a time change basis
3.0 REIMBURSABLEEXPENSES
The Consultant shall be reimbursed by the Employer for all expenses actually and properly incurredin respect of items upon presentation of detailed invoiceswith supporting receipts where practicable subject to a provisional sum not exceedingsuch sum may not be exceeded without the authority of the Employer.
3.1. METHOD OF PAYMENT
1.All sums due to the Consultant under this Agreement shall be paid in Nigerian Naira except asprovided in Clause 10.3. of the Nigeria Institute of Architects Condition of Engagement and Consultancy Service Agreement, 1996.
2. Fees shall become due as follows:
Stage 1, 25% of the fees based on the Estimated Total Cost (ETC) of the project.
Stage 2, 50% of the fees based on the Estimated Total Cost (ETC) of the project.
Stage 2, 25% of the fees based on the Estimated Total Cost (ETC) of the project..
3. Reimbursable expenses shall become due upon the presentation of accounts for each stage.
4. Repetitive fees shall be due when the works contract for repeated buildings is added.
5. Claims in respect of fees and reimbursable expenses due to the Consultant shall be submitted bythe Consultant to the Employer as follows: Fee Accounts Copies, Reimbursable Accounts and Supporting Invoices Copies respectively.
6. Fees and expenses are to be paid within thirty days of submission unless queried by the Employerwithin twenty days of submission. In the event of a claim being queried a payment on account of thatpart which is not questioned is nevertheless to be made Within thirty days of submission.
7. Any part of any claims properly payable but remaining unpaid for more than 90 days from the date ofdelivery shall carry interest from the thirty first day after submission to the date of payment at the rateof 1/2% above the primary bank rate ruling in Nigeria at that time plus any inflation resulting fromgovernment policy within this period.
4.0 SCOPE OF SERVICES FOR CONSULTANT ARCHITECTS
On all building projects which include new construction or and maintenance (renovation,rehabilitation, restoration, refurbishing of existing buildings) and furnishing works amongstothers, the Architect is the PRIME CONSULTANT and thus renders the normal services underthree stages which marks the progress of the architect's work. Each stage is an .integral part of the other (the architectural process) and none may be omitted, save when the engagement isterminated in accordance with the agreed terms and conditions of engagement. Oncompletion of each stage, the appropriate stage fee payment shall be made as indicated in section A item 2.0 of the professional scale of fees.(The Nigerian Institute of Architects, 2000)
4.1THE NORMAL SERVICES
4.1.1 STAGE 1 : PRELIMINARY DESIGN
Obtaining client's briefing and requirements including survey plan(s) and other statutorydocuments, visiting and appraising and analysing the site, sourcing of statutory design dataand information. Analysing the client's requirements and sourcing other consultant's inputtherein.
Preparing, illustrating and describing outline proposal in an appropriate scale. While onmaintenance works, detailed schedule of dilapidation to include extent and level of damage,deterioration, disrepair and defects amongst others, shall accompany the proposal.
Advising, guiding the client on the need to take any major decision required and receivingappropriate approval.
Preparing appropriate design scheme(s) consisting of drawings and outline specificationssufficient to indicate spatial arrangements, material usage and design configuration with sitearrangements and Architectural massing. While on maintenance works. Appropriatere-detailing, repair/replacement schedule and specification shall accompany the proposal.
Presenting a report on the scheme, including cost implication and programme for the project.(The Nigerian Institute of Architects, 2000)
4.1.2 STAGE 11: PRODUCTION , WORKING, DRAWINGS, SPECIFICATIONS AND DETAILS.
Preparation of comprehensive workings, drawings and contract documents, includingdesigns/technical specifications. The detailed working/construction drawings shall include:
Detailed Site Plan showing the design orientation and configuration, Statutory Setbacks, External works; Septic Tanks, Soak away Pits and Inspection Chambers; Gates, Fencelocations, Parking and any other design information relevant to the scheme.
Overall plan(s) of the scheme for all floors including roof plan(s) detailed dimensions, annotations and blown up details of all parts in appropriate scale for other consultants use and construction works.
Detailed sections, elevations, wall and floor finishes, construction details, and levels.
Working details, window and door schedules, ironmongery schedule fittings and fixtures.
Detailed material specification book and painting schedule for the scheme.
Co-ordination and reconciliation of all the drawings and inputs of other consultants and specialists.
Obtaining information and other design from manufacturer and suppliers for the purpose ofdetailing design schemes and cost control.
Providing appropriate information and drawings and specifications for preparation of Bills of Quantities .
Reconciling all Structural Drawings, and their specifications with the architecturaldesign to ensure that there are no conflicts or discrepancies.
Reconciling all Mechanical, Electrical and other specialists' drawings, and their specifications with the architectural design to ensure that there are no conflicts ordiscrepancies.
Reconciling all final Bills of Quantities with the detailed architectural design, working construction drawings and specifications to ensure that there are no conflicts or discrepancies.
Co-ordination of reconciliation of all final designs, specifications, Bills of Quantities,other tender/contract documents and input of all consultants to ensure that there are noconflict ordiscrepancies.
Avail the client with the appropriate form of contract and advising and guiding the client in the pre-qualification of all contractors for the works.
Preparing the form of tender and issuing invitation to tender.
Issuance and collation of all tender documents to and from Tenderers, preparing theappropriate contract agreement with all conditions applicable for the works.
4.1.3 STAGE 111 OBTAINING TENDERS TO COMPLETION
Obtaining, analysing as it relates to Architects works (preference, quality of work executed. machinery equipment capability/competence, category of statutoryregistration, etc) and full report on tenders, preparing and advising on the contract andthe appointment of the contractor.
Arranging for the works contractor to take possession of site.
Examining, reviewing and approving the contractors works programme.
Supervision and co-ordination of a" site works including a per month formal site andtechnical meetings.
Producing and circulating the minutes of such meetings to all parties.
Issuing payment certificates and other administrative duties including submission of a progress report to the client quarterly or as agreed.
The normal service allows for one formal site visit per month at which meeting is held as above.
The consultant Architect shall make additional periodic visits to the sites as appropriate to supervise generally the progress and quality of the work.
Additional visits or prevision of staff for more frequent or constant supervision in this regard as approved by the client shall be regarded as an additional service.
Upon the practical completion of the works, the Consultant Architect shall visit the sitewith the client or his duly appointed representative and a" interested parties for thepurpose of handing over the building to the client and agree on the expiry date of thedefects liability period.
Upon this agreed date-the consultant architect shall make a first inspection and uponthe expiry of a mutually agree period f r the rectification of defects he shall make final inspections of the works. Any further visits required shall be regarded as an additional service.(The Nigerian Institute of Architects, 2000)
Issuing a certificate of the practical completion of the works and the· final payment certificate.
4.2 MAINTENANCE WORKS/ PARTIAL SERVICES
Maintenance (renovation, rehabilitation, restoration, refurbishing of existing buildings) and furnishing works shall be carried out in stages I, 11 , III as described under items 1 .3.1 to 1.3.12 above of the design and supervision process.
4.3 ADDITIONAL SERVICES
Additional Services may be required according to the circumstances of the project, to augment the normal services. Where there is no established basis for calculating the fees for an additional service the employer and consultant shall discuss the requiredservices at theonset . and agree on both the method and the amount of remuneration.The services, method of remuneration agreed, and the charges should be set out in thefirst schedule, others includes
4.3.1 REDESIGNS AND ADDITIONAL DESIGN WORK
Extra work at any time due to changes in an approved design resulting from changes in the employer's instructions or any other cause beyond the control of the consultant. The employer is particularly reminded of the considerable extra charges which may be incurred as follows:
a . Amending design details already prepared or for preparing new drawings because of alterations in the brief after the employer's approval of a final design .
b. Amending production information because of changes in location, size or shape after the approval of design details.
c. Amending production information already prepared or for preparing additional information because of changes required after commencement of building operations.
d. Additional work required to be carried out as a result of damage or destruction of any part of the works, materials or equipment before completion.(The Nigerian Institute of Architects, 2000)
4.3. 2 . FEASIBILITY STUDIES
Undertaking a preliminary technical appraisal of a project sufficient to enable the employer to decide whether and in what form to proceed. Sourcing , planning approvalrequirements and or making application for outline planning approval. Such appraisalmay include budget to meet the client's requirements. (The Nigerian Institute of Architects, 2000)
4.3.3 SITES AND BUILDINGS
Advising on the selection and suitability of sites, conducting negotiations concerned with sites, for new buildings or of existing buildings.
4.3.4DEVELOPMENT PLANS
Preparing development plans, which will be carried out over a number of years for any large building or complex of buildings. Fees for preparing development plans shall in all cases be additional to percentage fee for the normal service.
4.3.5. DEVELOPMENT STUDIES
a. Where the employer's initial statement in stage 1 requires special services such asoperational research including work-study, before consideration of the brief anddevelopment of a preliminary design such services shall constitute an additionalservice.
b. Where the development of a final design in stage 11 or design details involves special constructional research including the design, construction or testing of prototype buildings and models, such research shall constitute an additional service.
4.3.6 SPECIAL DRAWING AND MODELS
Preparing any drawings, working and for finished models, three dimensional drawings or technical information specially for the use of the employer or for planning, by-law or building regulation approvals, for negotiations with g round landlords, adjoining owners, publicauthorities, licensing authorities: mortgagors and others.(The Nigerian Institute of Architects, 2000)
4.3.7 SPECIAL MEETINGS
Special meetings arising from applications for Planning, Building By-law, Building Act or Building Regulation approvals. (The Nigerian Institute of Architects, 2000)
4.3.8 DELAYS IN THE WORKS
Additional work arising from delay in building operations whether arising from bankruptcy or liquidation of the contractor or from any other cause beyond the control of the consultant.
4.3.9 INTERIOR DESIGN
Where special services in respect of interior design work are provided including advice onthe selection of furniture, among other, a negotiation fees shall be agreed.(The Nigerian Institute of Architects, 2000)
4.3.10 LITIGATION AND ARBITRATION
For qualifying to give evidence, getting proof, attending conferences with solicitors andCounsel, attendance in court or at Arbitration or Planning inquiries or before other tribunals for services in connection with litigation or for arbitration, a negotiated fee shallbe agreed.
4.3.11 SUPERVISION
a. For providing Resident Supervision on a site a monthly charge shall be made computed in accordance with the approved man-month rates.
b. For providing supervision by site visits beyond the original contract period (duringand extended construction period) the charge shall be based on the man-monthrate charges.
c . For each additional site visit required by the employer during the contract periodover and above the normal service, the charge shall be the same as the man month charge for each visit during the normal visit. (The Nigerian Institute of Architects, 2000).
CONCLUSION
Commencement of services by the architect can then begin after which an Agreement shall become effective upon the Consultant's receipt from the Employer of a written notice to proceed with the services to be provided here in.
RECOMMENDATIONS
The Staff to be provided by the Consultant shall be sufficiently qualified and adequate to perform the work to the satisfaction of the Employer who shall have the right at any time after written notice of such intention, to reject any staff member who in his opinion falls short of the standards required for the efficient operation of the Project and the Consultant shall as soon as practicable, but within three months replace such staff member at no expense to the Employer.
Upon written notice from the Employer the Consultant will submit biographical data concerning employees assigned to the Project.
The Consultant shall make every effort to guarantee reasonable continuity of personnel throughout the work and the Employer shall, upon request provide assistance to enable theConsultant to obtain Residence Permits and Entry Visas for expatriate staff in accordance with the prevailing Immigration Regulations
The Consultant, shall advise on and recommend the employment of additional professional and sub-professional staff such as Architectural/building technicians, where in their opinion more intensive site supervision is necessary, to maintain the standard of construction and progress. The employment of such staff shall be in Additional Service. .
The Consultant shall provide Workmen's Compensation Insurance for their employees in accordance with the applicable laws of Nigeria and shall carry out all other necessary Employer's Liability Insurance .
The Consultant will comply with all Government requirements pertaining to the employment of their personnel. (The Nigerian Institute of Architects, 2000)
REFERENCE
The Nigerian Institute of Architects(2000), Conditions of Engagement and Consultancy Services Agreement; The Nigerian Institute of Architects based on the Federal Government Approved 1996 Scale of Fees. 2000 Edition.pg 5 J. K. Randle Hall, Island Club Road, Onikan, Lagos.
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