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DESIGN SERVICES AGREEMENT

This agreement has been made on 2019-29-1 with the Mr. Ganesh Prasad Tiwari (Ganga Bahadur GC)
CLIENT) and MeroGhar.com, Innovative Engineering and Construction Technologies Pvt. Ltd.( the
consultant), referred as MeroGhar.com dated on the

BETWEEN : Mr. Ganesh Prasad Tiwari (Ganga Bahadur GC)


(Hereinafter referred to as the "Client")
AND : MeroGhar.com, New-Baneshwor, Kathmandu
WHEREAS the Client wishes to execute Design of Mr. Ganesh Prasad Tiwari (Ganga Bahadur GC) at
Gothatar Kageshowri Manahara Municipality, herein referred to as the “Project”, hereby appoints. The
Consultant shall provide all the necessary architectural and engineering services (CONSULTANCY, or
architectural/engineering, services) as set out under the terms and conditions described in Article 1
“Scope of Service”.

WHEREAS the Consultant accepts this appointment and shall provide the necessary consulting services
to the Client.

The project and hence the contract terms are associated to the design of Residential buildings only. The
total built-up area of the building less than 2500 S.F. is referred to as Residential Buildings. All other
buildings are referred to as Commercial building and the consulting fee is calculated separately.

The scope of services to be provided by the Consultant to the Client under the terms of this contract
shall be as follows:

ARTICLE 1: SCOPE OF SERVICE

1. Preliminary Design Phase


i. Preliminary study of the site.
ii. Preparation of the conceptual drawings.
iii. Preparation of the legal/ municipal Requirements.
iv. Preparation of the architectural drawings set.
v. Preparation of the three dimensional views of the building as necessary.
vi. Preparation of Structural analysis and detail.
vii. Municipality Registration.

ARTICLE 2: ANALYSIS OF SERVICE

The Consultant Services shall be phased as follows and the Consultant are required:
Stage 1: Preliminary Sketch Scheme

1. To review and fully assess the preliminary Sketch Scheme.


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2. To prepare Final Sketch Scheme Design Summary consisting of:
▪ Drawings showing necessary plans, elevations and principal sections
▪ A Cost Analysis based on prevailing rates per square meter/ft
▪ Material Descriptions.
3. To receive from the Employer, revisions to the Sketch Scheme, and incorporate any changes
required by Employer to produce a final draft and obtain Employer’s approval of Final Sketch
Scheme.

ARTICLE 3: Consultant’s FEE

3.1 The Consultant will undertake all activities as outlined above for a fee that will be Fourty Seven
Thousand Only (In Words: 47,000); All additions or deletions of the quantities for the
Construction Project must be signed off by the Client.

Article 4: Brief Operation Procedure Duration


4.1 Our service delivery process shall follow the procedures outlined below and the client may
expect the deliverables accordingly. The consultant will inform the client of the stages in time.
Stage Day Description Duration Deliverables Remarks
1 1 Contract 1 Duly Signed
Contract Paper
2 2 Site Visit 1 NA
3 2-9 Conceptual Planning 7
4 10 First Concept Finalization 1 Concepts Plans Maximum of
Meeting in 2D and two more edits
Building form allowed at
Contract cost.
5 10-17 3D Modeling 7
6 18 3D Finalization Meeting 1 Upto one more
edit allowed at
Contract cost.
7 18-25 Municipality Drawing 7
8 25-32 Structural Analysis and Design 7
10 32-34 Municipal Form Fill-up/ Online 2
Entry/ Print
11 35 Municipal Submission 1
13 35-80 Municipal Registration Process 45

4.2: The overall duration of contract is subject to increase by the amount of standard duration of the
phase/stage that goes for edits. The client must accept the number of days the projects extends
because of a number of edits.
4.3: The maximum allowed edits on the stages are mentioned above. The edits more than that shall
be charged as per standard fee mentioned in Annex 1.

Article 5: Payment Schedule

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5.1: Payment of Fees
Payment of fees will be made to the Consultant in Nepali currency. Fees will be invoiced upon completion of
the various stages due date specified on invoice as set out below:

Stage Description Amount of


Payment
1 Contract 20%
4 First Concept Finalization 20%
Meeting
6 3D Discussion 20%
10 Municipal Form Fill-up/ Online 30%
Entry/ Print
13 Municipal Registration 10%
Completion

5.2 Once the design is finalized and moved ahead to stage 7, the edits on concept will have to be started
as a new phase and charged according to the standard fee for each phases needed to be changed.
5.3 The client shall be charged a separate amount of each stage of the works that is repeated
beyond the privilege provided by the consultant.
5.4 The design cannot be changed once the municipal detail phase is completed.
5.5 Inability to pay the amount at the mentioned stage will halt the design process in moving to the
next stage.

Article 6: Municipality Regulations and Registration


6.1 The design and drawing produced by the consultant will duly follow the bylaws and standard set
by authority. The consultant strictly advocates the compliance of design with the bylaws. The client
will not force the consultant in producing non-compliant designs.
6.2 The Client has to confine all the construction works to comply with the approved drawings, and the
consultant bears no responsibility of the consequences of variation of the construction works and
design.
6.3 There are three stages of municipal registration. First, Permission Certificate of Construction, second,
DPC Completion Certificate and the third, the Final Construction Completion Certificate.
6.4 The consultant is responsible for the municipal registration process only before the
construction starts, however the consultant will assist in the process of municipal registration
during the construction and after the construction completion phases.
6.5 However if the client requests for liaison of registration process during and after construction the
consultant may agree in doing so with a separate standard fee of the same.
6.6 The client shall not start any works prior to the certificate issued by the municipality before
each stages begin, or else the consultant will not be liable of the consequences.

ARTICLE 7: VALIDITY OF AGREEMENT


This agreement shall become effective on and from the date of it’s signing and shall remain valid until
the completion of the project i.e. (which will be fixed in the other agreement after the project is
sponsored) and what is normally understood there from. Should the time between signing the
agreement and the completion of the project exceed more agreed project period
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between Contractor and Client, this contract will require revision by mutual agreement between the
Client and the Consultant.

ARTICLE 8: GENERAL TERMS OF CONDITIONS

8.1 : Language and Units of Services

The English language shall be used in all the Consultant's drawings and data. Measurements shall be in the
FPS/MKS system.

8.2 : Change of Agreement

The terms of this agreement shall not be changed except by mutual consent in writing by both parties.

8.3 : Copyright and Ownership of Documents

The Consultant retains complete ownership and copyright on all drawings, designs, documentation, relevant
information, produced by the Consultant and provided/supplied to the Client as “Instruments of
Service” under this agreement. No one is entitled either directly or indirectly to execute or instruct
any additional or similar works, other than for the project, using this data and documentation
without first obtaining written permission from the Consultant. Permission will be granted to the
Client, under reasonable circumstances, for use for the Clients own organization, at their own risk,
should they choose to expand.

8.4 : Termination
If in the opinion of the Client it appears desirable to terminate this engagement, the Client must give reasons
and justification for such termination by giving the Consultant one month’s notice in writing or such
other period as may be agreed between the Consultant and the Client and this agreement will be
terminated on the expiry period of the notice, agreed project period between contractor and client
after signing of Contract, or earlier as agreed by mutual letters of agreement to terminate earlier.
Payment to the Consultant shall be made for services rendered up to the date of termination. No
other payments shall be due after this termination.

8.5 : Arbitration – Settlement of Disputes


Should the Consultant and the Client be unable to reach agreement on the meaning or interpretation of any
of the terms of this agreement in a mutual way, any matters in dispute shall then be referred to an
Arbitrator agreeable to both the parties and the decision of the Arbitrator shall be final and binding
on the both parties.

8.6 : Force Majeure – Cessation of Obligations


If the rights of the Consultant or the Client under this agreement are wholly or substantially impossible by
reason of force majeure, then the party so affected shall promptly notify the other party in writing
and from the date of that notification the obligation of both parties shall cease forthwith except that
the Client shall pay the Consultant as follows:
a. Any sum due for services rendered by the Consultant up to and including the date on which the
obligations so ceased (“the relevant date” as mentioned in article 3 clause 3.3).
b. Reimbursement of reasonable expenses necessarily incurred by the Consultant after the relevant
date to conclude this engagement.
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8.7 : Law Governing Contract
This agreement shall be governed by, and shall be interpreted in accordance with, the Nepalese Court of Law.

ARTICLE 9: COMMUNICATION

The Consultant and Client shall communicate via formal written to the following mailing and emailing address.
The consultant shall inform the client of the progress, delay or any issues in the design process. The
written responses will be as equivalent to the clauses mentioned in this contract and some times, this
communication may override the contract clauses. The consultant will communicate through their
corporate email (departmentname@meroghar.com or personnelname@meroghar.com, mentioned in
annex) , from the responsible departments to the address of the client mentioned below.

The client shall use any of the email to register their complains, issues and requests regarding the service delivery
by our brand in each stages of the process.

IN WITNESS thereof the parties have set their hands, made and executed this agreement on the year and
day as mentioned above in the first paragraph.

THIS AGREEMENT constitutes the entire agreement between the Client and the Consultant and supersedes
all previous agreements or understandings, if any, with respect to this subject matter thereof.

THE CLIENT:
Signature :
Name : Ganesh Prasad Tiwari (Ganga Bahadur GC)
Address : Kageshowri manahara municipality
Mobile Number : 9841259825
Email Address : hr_gtm@yahoo.com
Date : 2019-29-1

THE CONSULTANT:
Signature :
Name : Sanjiv Giri
Address : New Baneshwor
Company Name : Innovative Engineering and Construction Technologies P. L.
Mobile Number : 01-4786515, 9801115505
Email Address : nena@meroghar.com

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ANNEX 1
Standard Fees/Costs for added Scope of Works (if Any).

Stage Details of Works Duration Deliverables Fee


1 Site Visit NA 5000/-
2 Conceptual Drawing 5 working 2D printed drawing Rs
(Total of Three days 15000/-
Concepts)
3 External 3D ( One 5 Working 3D drawing in photo Rs
Model and 5 days format 20000/-
renderings)
4 Interior Design 15 Working Interior image of each Rs 60/-
(Rendered Images) days room per sqft
5 Walkthrough Video 15 Working Internal Each room Rs
after completion of Days walkthrough video 15000/-
interior design
6 Electrical Drawing 3 working A1 sheet printed drawing Rs
days 10000/-
7 Sanitary Drawing 3 working A1 sheet printed drawing Rs
days 10000/-
8 Architectural Detail 5 working A1 sheet printed drawing Rs
Design and days 25000/-
Municipal drawing
9 Structural Analysis 5 working A1 sheet printed drawing Rs
and Drawing days 40000/-
10 Construction 5 working Printed A4 paper Rs 5000
Estimate days L.S
11 Construction Plan 1 Week Printed A4 paper Rs 10000
And Schedule LS
12 Supervision Site 2 days - Rs 2500
Visit L.S
13 Complete Project Procurement Plan, Human 2.5% of
Management and Resource Management, Project
Supervision Quality Control, Reporting Cost
14 DPC Municipal Rs
Registration Liaison 5000/-
15 Completion 5000/-
Certificate Liaison
16 Landscape Design 25000/-
17 Preparation of 25000/-
Working Drawing
18 Preparation of 25000/-
Bidding Document
Add if any other

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ANNEX 2
Communication Line

Front Desk: info@meroghar.com, 014786515

Business Development: Nena shakya, nena@meroghar.com 9801115505

Design Project Manager: Er. Subash adhikari, subash@meroghar.com, 9801115643

Principal Architect: Mr. Abishek Bajracharya, abishek@meroghar.com, 9801115908

Admin and Operation Manager: Mr. Tara Pd. Chapagain, tara@meroghar.com,

HR Manager: Mr. Piyush Paudyal, piyush@meroghar.com, hrm@meroghar.com

Finance Manager: Mr. Santosh Khadka, santosh@meroghar.com, finance@meroghar.com

Chief Executive Officer: Er. Bipin Gaire, bipin@meroghar.com

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