Ref Economic Proposal (‘the Agreement”) 11.05.2023
Project Design Services for Sector 111 MLU Experience Centre / Clubhouse
Client
M/s M3M India Pvt. Ltd
6th Floor, ‘M3M Tee Point’, North Block, Sector 65 Gurugram 122101, Haryana, India
Project Code 230504
Contract №
Project Details
23050903GP
Experience Centre / Clubhouse of approx. 15,000m2, set within 3 - 4 Acres of external Clubhouse amenities, situated within this 155 Acre Mixed Land Use Development comprising high-end residential, commercial-retail + office components located on the 150m wide Dwarka Expressway The programme should be designed in such a way that the iconic Experience Centre can be converted into the Main Residential Clubhouse with ‘best-in-class’ experience.
Project Objectives
Principle objectives shall be to create an iconic, economic and environmentally sustainable development with a state-of-the-art Experience Centre / Clubhouse at its heart, through the careful integration of the building(s) into the overall masterplan. The Centre should be a statement piece with unique USPs to attract clientele, reinforce and enhance the strength of the M3M brand; augment sales / rents; maximise saleable / rentable area; minimise construction cost and enhance constructability
Appointment
The Client agrees to appoint Upton-Hansen Architects Limited (UHA), of 3 Murphy Street, London as Design Consultant (DC), who shall work in collaboration with the Local Collaborating Architect (LCA), to provide design services in relation to the Project in accordance with the terms and conditions below.
Proposed Scope of Work
Pre-design Stage
Concept Design Stage
Detail Design Stage
Marketing video
Mobilisation
Feasibility Options and adjustments to Masterplan
Pre-Concept Design (50% Concept)
Concept Design (100% Concept)
Schematic Design
To be included in scope post pre-design Stage (subject to additional agreement)
Pre-design Stage
Feasibility
● Review of site information;
● Appraisal of planning constraints, site encumbrances etc.;
● Review of relevant zoning plan, codes other statutory regulations;
● Analysis of Project Requirements
○ Client brief / Programme analysis
○ Initial Environmental analysis including solar study
○ Site analysis including location options for Experience Centre / Clubhouse
○ Precedent and lifestyle studies;
● Initial building massing options
All existing information (plans, survey, context information, planning restrictions etc.) shall be shared by the Client and LCA, from the outset of the appointment. UHA shall review the available information, together with the outline brief provided, to further elaborate the project programme and propose development guidelines, to be presented and discussed with the Client. UHA shall make recommendations regarding the proposed location for the Experience Centre / Clubhouse and the location shall be selected and confirmed by the Client at the end of the stage.
Concept Stage
Pre-Concept Design
● Updated project requirements in accordance with Client comments;
● Initial setting out plan for selected location only;
● Elaborated building massing for selected volumetric option only;
● Development sketches and studies;
● 3D CAD studies and hidden line views;
● Initial Experience and Clubhouse concept indicating how the 2 uses may be accommodated / interchanged;
● References and proposals for interactive / immersive Client zones;
● Initial landscape and external amenities layout for 3 - 4 Acre site;
● Typical sections, highlighting any double height or atrium volumes;
● Typical elevations, scale to suit;
● Early renders for management review (up to 4No.);
● Draft project description with proposed project USPs;
● Submission & Client presentation: Pre-Concept Design Report.
All existing information (plans, survey, context information, planning restrictions, etc.) will be shared and explained by the Client and LCA, from the outset of the design stage. UHA shall subsequently develop sketch options and design strategies for review with the Client team. The Client team shall provide initial inputs on design, cost and any statutory approval issues and UHA shall develop a Pre-Concept Design Report and present the design approach to the Management. After receiving principal go-ahead from Client, UHA will proceed to Concept Design Stage.
Concept Design
● Elaborated Experience Centre / Clubhouse description including explanation of project USPs;
● Updated environmental analysis and response (solar studies, etc.), as required;
● Concept development sketches and 3D CAD studies;
● Liaise with LCA for all required coordination;
● Setting out plan indicating any proposed amendments;
● Developed concept for landscape and external amenities;
● General arrangement plans updated as required, 1:200 scale or to suit;
● Typical sections updated as required, 1:200 scale or to suit;
● Principal elevations updated as required, 1:200 scale or to suit;
● Outline materials and finishes palette;
● Professional marketing renders, up to 8 No., including updates of any previously issued renders comprising:
○ external renders (eye level and aerial) to capture building exterior and exterior amenities;,
○ Internal renders to capture key spaces in both Experience Centre and Clubhouse mode;
● Submission & Client presentation: Concept Design Report
UHA will continue developing the envelope design established during the Pre-Concept stage in coordination with the Client and LCA. UHA will produce concept stage architectural drawings along with an end of stage report with professional renders suitable for pre-launch or other early marketing strategy
UHA shall lead the design, in a collaborative manner with input and advice from the LCA and the Client Management Team, whose early input shall be required in order to achieve objectives and avoid abortive work.
Design Development Stage
Schematic Design
● Full project description incorporating Client comments from Concept Design Stage;
● Liaising with LCA for all required coordination;
● Site setting out plan;
● General arrangement plans, 1:100 scale or to suit;
● Typical sections, 1:100 scale or to suit;
● All elevations 1:100 scale or to suit;
● Architectural layout of all terraces and external spaces, scale to suit;
● Key façade system drawings, 1:50 scale or to suit;
● System drawings of architectural features ie. canopies, pergolas and screen walls (if any), 1:50 scale or to suit;
● Coloured floor plans indicating uses (Experience Centre and Clubhouse permutations);
● Furniture layout plans, 1:100 scale or to suit; (Experience Centre and Clubhouse permutations);
● Interior elevations, 1:50 scale or to suit; (Experience Centre and Clubhouse permutations);
● Material and finishes schedule for areas included in DC’s scope;
● Marketing renders, up to 12 No., including updates of any previously issued renders (Experience Centre and Clubhouse permutations);
● Landscape Consultant to elaborate Landscape design in accordance with UHA Concept;
● Liaise and coordinate with Lighting Designer for exterior & interior lighting;
● Assist Local Collaborating Architect / Licensing Architect with the preparation of drawings required for presentation to Statutory Authorities if required (presentations and liaison with Statutory Authorities by others);
● Submission of material comprising: Scheme Design Report and Drawing Package: plans / elevations / sections, etc., coordinated with Structure, MEP and Façade Engineering by other consultants, provided the relevant information is provided by others in a timely manner
During the Scheme Design Stage, the Concept Design will be further refined and developed, incorporating comments from the Client and Consultant team. The Consultant team should ideally be appointed by the start of this stage, to review and input on UHA’s external envelope design intent, working in collaboration with the wider design team including Structural and MEP consultants.
The DC shall assist the Client / Local Collaborating Architect / Licensing Architect (LCA) in preparing drawings for sanctioning / licensing purposes as required. The Local Collaborating Architect shall stamp and sign final Architectural Drawings and submittals as per Client’s requirements.
Additional Services / Continuation services beyond Schematic Design
UHA can offer additional services, such as peer review of Detail Design / GFC’s and aesthetic supervision services if required, though these additional services are not currently included in the scope.
Additional renders, 360-degree VR views and marketing videos can be offered subject to additional agreement. Typically renders are charged as follows:
Interior Render $ 1,000 USD
Exterior Render $ 1,500 USD
Interior 360-degree VR $ 1,500 USD (based on existing render)
Exterior 360-degree VR $ 2,000 USD (based on existing render)
Schedule
We have allowed for a 2-week programme to complete the Feasibility (Pre-Design) Stage, following mobilisation payment made by the Client to the DC. After selection of the location and massing option for the Experience Centre / Clubhouse, 4 weeks shall be required to complete the Pre-Concept Design with a further 4 weeks may be required to complete the Concept Design. Following sign-off of the Concept Design a further 8 weeks will be required to complete the Schematic Design stage, with an interim submission (50% SD) after 4 weeks.
The schedule indicates the time required by the DC to complete the design and exclude any review and approval period by the Client. The schedule may potentially be compressed by increasing resources / overlapping stages if required. At the end of each design stage, the Client shall issue the DC with a consolidated set of comments or approval, within 3 working days of receipt of submittals.
Upon completion of Schematic Design, the DC shall handover all information to the Client in soft copy only, to elaborate and complete the design. The DC shall offer further assistance, by means of a Design Handover Workshop with the Client, LCA and other consultants, to ensure that all aspects of the façade design are fully explained and understood by all parties.
The design timeline will be highly dependent upon the timely submission of information by other consultants, and excludes time taken for Client approvals and statutory approvals. The DC shall not be liable for delays caused by the late submission of information by 3rd parties or late decision making / delays in approvals by the Client.
Payment Terms
Fees shall be paid in US Dollars by international bank transfer Following payment of Mobilisation fee, subsequent payments for services and expenses are to be received within 10 days from date of invoice. Invoices shall typically be issued same day as Project deliverable submissions. Late payments shall be subject to interest at a rate of 8% over Bank of England base rate.
All fees shall be paid without deduction of any local taxes, eg. Withholding Tax (TDS). Banking charges / bank transfer fees are excluded and shall be the responsibility of the Client. UHA reserves the right to suspend services if fees remain unpaid beyond the specified payment window
Permanent Account Number (PAN) Registration
UHA is registered with the Indian Income Tax Department and has the following PAN: AABCU3978M
Notes
TDS is excluded from the fees indicated and shall be payable in addition to fees by the Client at source (at a rate of 10% in accordance with the Double Taxation treaty between the UK and India). The Client undertakes to make necessary TDS payments as required and to provide corresponding Certification (Challan’s plus Certificates) to the DC on demand. No fees shall be considered fully paid until valid TDS documentation is provided by the Client to the DC.
Fees include for the DC’s design services on the named project only Any change to the brief, scope of work, further design options required, cumulative change in gross internal area or façade area by more than +/- 10%, or prolongation of the design timeline by more than 14 calendar days, shall be subject to additional fees on a pro-rated basis of the entire change. In the event that design stages overlap, fee stage payments shall be cumulative.
Experience Centre / Clubhouse location to be approved by Client following submission of the Feasibility study Design intent to be approved by Client following submission of Pre-Concept Design Report or draft Interior design. Selected design only will be further developed beyond this stage, and further significant design changes beyond this stage shall result in additional fees pro rata.
Other Consultants
The DC’s fees exclude all other consultants (such as Local Collaborating Architect, Licensing Architect, Engineering Consultants, etc.) who would be separately appointed by the Client. The following consultants shall be required:
● Structural engineer;
● MEP engineer;
● Facade Consultant;
● Lighting Consultant.
International Travel
All international travel expenses including flights, hotel costs and ground transportation are not included in the basic fee would be fully reimbursable. UHA’s standard travel policy assumes business class flights (for journeys over 6 hours, otherwise economy class) and 5-star hotel accommodation. Alternatively, a lump sum fee per trip may be mutually agreed. Frequency of visits to be mutually agreed.
Throughout the design programme, a Director or Senior Associate shall oversee the project and shall be available to attend meetings, presentations and workshops via videoconference, if in person meeting is not required or international travel is not possible.
Note regarding travel restrictions: International travel may be problematic due to pandemic restrictions. Any visits by London-based staff that are required shall be subject to relaxation of travel restrictions by relevant governments. Any additional project related travel costs incurred by the DC due to Pandemic legislation/regulations in either the Project country or the Consultant’s home country (eg. enforced hotel quarantine) shall be fully reimbursed by the Client.
Professional Liability Insurance
UHA carries suitable Professional Indemnity Insurance. A copy of the insurance policy can be provided on request. Limit of liability shall not exceed the total of any fees paid to the DC. Duration of liability shall be 6 months from start of contract or 1 month following completion of scope of work, whichever is sooner
Adjudication / Conciliation
In the event of any dispute or difference arising under the Agreement, the Client and the DC may attempt to settle such dispute or difference by mediation in accordance with the CEDR Model Mediation Procedure. The nominated centre for Mediation shall be the CEDR International Dispute Resolution Centre and shall follow the rules of Arbitration of the International Chamber of Commerce. Any dispute or difference arising under the Agreement may be referred to adjudication by the Client or the DC at any time.
Intellectual Rights
The copyright in all drawings, designs, plans, reports, specifications, calculations and/ or other documents developed by the DC in connection with the Project shall remain vested in the DC.
In the event that UHA is appointed as described above, and subject to payment of all fees and expenses due, the Client shall have the right to use and reproduce such drawings, designs, plans, reports, specifications, calculations and / or other documents thereof exclusively for the purposes for which they were prepared, ie. for the further development, subsequent construction and completion of the Project or for any publicity, promotion, sale, leasing or other dealings in or concerning the Project or any part thereof.
The Client undertakes to properly credit UHA in any and all promotional material related to the project using the following terminology: ‘Concept / Design / Images by UHA’. The DC shall have the right to publish any project imagery for its own publicity purposes, following any public launch, presentation, or sales launch of any kind for the project (via a launch event, internet event, publicity campaign or any other kind of market release). The DC shall not require further permission from the Client for such usage, the mutual benefits of such publicity being recognised by both parties.
Confirmation of Appointment
The Client agrees to appoint UHA to provide design services in relation to the Project:
For and on behalf of UHA
For and on behalf of M/s M3M India Pvt. Ltd
Ricardo Mateu Director Name Position Date
fee prior to commencing work, non-refundable
Pre-design Stage Upon submission of Feasibility Study or 2 weeks after start of contract, whichever is sooner $45,000
Concept Design Pre-Concept and Concept Design (50% and 100% Concept Design)
Upon submission of Pre-Concept Design or after 4 weeks of work during stage, whichever is sooner $55,000
Upon submission of Concept Design or after a further 4 weeks of work during stage, whichever is sooner
Development
Upon submission of 50% SD or after 4 weeks of work during stage, whichever is sooner
Upon submission of 100% SD or after a further 4 weeks of work during stage, whichever is sooner $55,000 Grand total estimated 18 weeks of work Up to end of Concept design $310,000
Ricardo Mateu Director Name Position Date