ARCHITECTURAL AGREEMENT

This Agreement is made the ________ day _______ 2004 between:

I Made Budiasa, on behalf of The Royal Ubud whose registered office is situated at
_________________ , (The Employer); and
Andi Daliandi. On behalf of Cdesign whose registered office is situated at
Jl. Tunggul Ametung III/9, Denpasar, Bali - Indonesia, (the Architect).
The Employer hereby appoints the Architect to perform the architectural design for the The Royal Ubud
(the Project), and the Architect hereby accepts the appointment on the terms and condition of this
Agreement.
1. PROJECT DESCRIPTION
The architect shall:
(a) Prepare an overall existing set out site plan drawing for the whole existing resort.
(b) Design architecture, landscape and special lighting effect for The Royal Ubud.
2. SCOPE OF WORK
The scope of work to be performed by the architect on the project is as follows:
(a) Site investigation and Documentation
Preparation of site documentation, site study and data collection for schematic design and
design development.
(b) Architectural Design
(i) Phase I : Schematic/ Pre-Design
Develop basic architectural concepts, prepare conceptual sketches and develop cost
estimates for various options in accordance with the architecture design brief provided by
the Employer.
(ii) Phase II : Design Development
Evaluate the various design alternatives and finalize the best design concept with the
Employer, including color scheme, architectural treatments and materials selection.
(iii) Phase III : Detailed Design

Detailed Architectural Design;

Detailed Landscape drawing;
Lighting Effects Design;
Drawings and Specification;
Cost Plan
Tender Document

(c) Quantity Surveyor (QS)

(i)

Phase 1 : On Schematic Design / Preliminary Design

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- Provide preliminary cost estimation based on preliminary architecture drawing in M2

basis for the project budget.
- Assist the Employer to approach the best Contract agreement system or type.
(ii) Phase 2 : On Design Development
- Assist the Employer to appoint the Contractor contract system or type.
- Commencement to preparation of tender procedural documentation, draft of Contractor
contract agreement and analysis of the work item for Bill of Quantity.
- Assist the Employer to appoint the tender date and time.
(iii) Phase 3 : On Detail Design
- Preparation of tender documentation and drawings, tender procedural documentation,
draft of Contractor agreement and Bill of Quantity in 6 (six) copies and submit cost plan
for the Employer only
- Assist the Employer to select the Contractors for tender invitation
- Assist the Employer to evaluate the Contractors Bids and do recommendation to
nominated Contractor.
(iv) Final account after project handling over
(d) Construction Tender
(i) Prepare Tender Documents for Construction Contract; and
(ii) Evaluate Construction Tenders and recommended the successful tender.
(e) Supervision During Construction
(i)

The Supervision Phase will be performed during the construction period to ensure the
Construction Contractor complies with the Construction contract and Project Specifications.
The Architect will monitor the quality of building material supplied and the workmanship of
the Construction Contractor to ensure compliance with the Construction Contract and
Specifications. The Architect will provide design clarification and additional design as
necessary to complete the project.
(ii) The Architect shall be responsible for the quantity surveying during construction and
approval of Construction Contractors progress claims, and for the updating The Project
Schedule.
3. DESIGN SCHEDULE
The works under Clauses 1 and 2 shall be completed within 45 (forty five) days of the date of
execution of this Agreement and after execution of initial payment.
4. ADDITIONAL SERVICES
(a) The Architect will assist the Employer in dealing with disputes that may arise with Construction
and Contractor, artist and suppliers involved in work covered by this Agreement, provided that
all illegal services and related cost in connection with any such disputes shall be obtained,
incurred and paid for by the Employer.

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5. DRAWING AND SPECIFICATION

(a) The Architect will supply the Employer 6 (six) copies and one reproducible copy of all approved
drawings, complete with specification for the project.
(b) The preparation of all drawings, document and other design work will be executed in the
Architects offices.
6. EMPLOYERS RESPONSIBILITIES
(a) The Employer shall supply the Architect with its design requirements, budgetary information and
other pertinent data, and ensure the other consultants and suppliers engaged by the Employer
provide any necessary information when required by the Architect.
(b) The Employer shall promptly comment on or approve (as the case may be) the drawings,
specifications, presentation media, samples and other documents submitted by the Architect is
not delayed in the Design and Specification of The Project.
(c) The Architect shall be responsible for obtaining all necessary licenses and approvals other than
those specifically to be obtained by the Employer by law.
7. ARCHITECTS RESPONSIBILITIES
(a) The Architect shall, in all professional matters, act as a faithful advisor the Employer and in so
far as any of its duties are discretionary, act fairly between the Employer and other Consultants.
(b) The Architect shall exercise all reasonable skill, care and diligence in the discharge of its duties
under this Agreement.
(c) The remuneration charged by the Architect under clause 8 (eight) shall constitute the only
remuneration, fee, income or receipt in connection with this Agreement and The Project. The
Architect shall not accept any trade commission, discount, allowance or indirect payment or
other consideration in connection with contractors and suppliers involved within the scope of
work for the Project.
8. FEES AND METHOD OF PAYMENT
(a) The Architectural and Design Fees for The Project shall be the lesser of (excluded PPN 10%)
determined as follows :
Architectural
Rp. 1,506,724,988.00
Landscape
Rp. 336,962,477.00
Lighting effect design
Rp. 392,391,488.00
Rp. 2,236,078,953.00
(b) The Architectural and Design fees shall be paid as follows ;
Execution of this Agreement as initial payment
20 %
Completion of work in Clause 2(a)
10 %
Completion of work in Clause 2(b)(i) and (ii)
30 %
Completion of work in Clause 2(b)(iii)
35 %
Completion of work in Clause 2(c) and Project
5%
Compensation to the final payment would be considered if any major change of the design after
approved by the Employer.

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9. REIMBURSIBLE EXPENSES
The Employer shall reimburse the Architect or otherwise pay the cost of all travel, accommodation
and out-of-pocket expenses incurred outside of Bali by the Architect and/ or his representative for the
express purpose of this project.
This cost shall include:
( a ) Economy class return air fares to Bali;
( b ) Excess baggage charges incurred in the delivery of presentation media, samples, Architectural
documents or other documents relating to the Project;
( c ) Hotel or Equivalent accommodation;
( d ) Incidental travel expense such as taxi fares, other transport and meals; and
( e ) Application fees for visas and any government tax incurred;
10.APPLICABLE LAW
The applicable law for the purpose of this Agreement shall be the law of Republic of Indonesia.
For enforcement of this Agreement and all disputes arising hereunder, the parties hereby select as
their permanent legal domicile at the Registrar office of the Badung regency of Denpasar.
11. NOTICES
All notices relating to this Agreement shall be in the English and Indonesia language and in writing
and shall be deemed validly delivered to the representative party if sent properly by personal delivery
against written acknowledgement of receipt or registered mail and addressed as Follows:
I MADE BUDIASA
The Royal Ubud

A.A. SATRIA WIBAWA

PT. Grahadika Karyatama
Jl. Tukad Banyusari No. 35
Denpasar - Bali
12.OTHER PROVISIONS
(a) Any act. Default or omission of the representatives, agents or servants of the Employer shall be
deemed to be the act, default, and omission of the Employer. Any act, default or omission of the
representatives, agents or servants of the Architect shall be deemed to be act, default or
omission of the Architect.
(b) All costs incidental to the execution of this Agreement before a Notary Public including stamp
duty, if any, is to be borne by the Employer.
(c) All taxes on remuneration, fees, income or receipts to the Architect in connection with this
Agreement and the Project shall be at the expense of the Architect.
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(d) All currencies shown in this Agreement are in Indonesian Rupiah ( Rp. ) unless otherwise
stated.
(e) This Agreement expresses the entire understanding of the parties hereto and may only be
modified by instrument in writing signed by both of the parties hereto.
IN WITHESS WHREOF; the parties hereto have signed this Agreement, in 2 (two) original duplicates
and in English language on the day and year first above written.

SIGNED BY:
I MADE BUDIASA
On behalf of
The Royal Ubud

)
)
)

Witness 1

SIGNED BY:
ANDI DALIANDI
On behalf of
Cdesign

)
)
)

Witness 2

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