Question 41

It is not clear to us if article 7 is referring to “first round”, “second round” or the entire project. Is it possible for the client to stop the work and to hand the project to other consultants without paying a compensation fee during all phases/”rounds”?.

Could it be possible to receive clarification regarding Article 7?

The article 7 refers to the rounds of this competition. If the competition is terminated prematurely, the participants will receive compensation pursuant to clause 18.3 of the competition regulations.

Article 7 provides for the extent of the copyright rights to the work produced in the first and second round of the competition and it must be allowed that the copyright to the urban concept is transferable to the developer.

Question 40

Will the wining proposal/architects receive compensation in case of not receiving the task of fulfilling the project (Article 7 in contract)?

In case that the Client decides not to enter into the contract, there will be no compensation, the architects will receive only the fee pursuant to Article 5 of the contract.

Question 38

Our Czech based company would like to make an association with a foreign company outside EEA in order to fulfil the requirements for matador architects. Is it necessary to make the association legally before submitting the prequalification portfolio? If that so what kind of registration of Association is accepted and when it must be done?

It is necessary that the agreement on establishment of an association (in the meaning of Section 2716 of the Czech Civil Code) exists upon submission of the portfolio as by the submission a participant assumes the obligation to participate in the competition and carry out the work.

Question 31

For a group of individuals teaming up and entering as emerging professionals, as a team do they all need to sign the contract of the open call or one of them is enough?

One signature is enough, preferably from the person providing the largest project to the portfolio.

Question 30

We are based in the US and considering to enter this competition with another associated architects from the EU. Should we both sign the contract?

A signature from the entity from the EU is enough.

Question 29

In regards to Article 7, section 7.1 could you explain the generous Copyright terms granted on behalf of the Client for the Concept design, and what limitations exist for the Contractors concept design, if any? Usually the Copyright/Right of Use/Use of Work is site specific and not subject to modifications in any way without the authors consent.

(The Contractor hereby grants to the Client the authorization to exercise the right of use of the Work by all manners of use during the entire term of the copyright protection, without any restrictions, particularly territorial, time or number of uses, for any purposes whatsoever. Furthermore, the Contractor grants to the Client the licence to make any modifications, changes of and interferences into the Work, to process it, to combine it with other works, to further add to or further develop it, including the licence to make later modifications and changes of the redesign, in all of the above cases without author’s supervision right or additional approval or consent.)

The Copyright terms apply to competition designs and solutions provided by the architects for the competition only. Architects invited to the first round of the competition will receive a draft of the contract for architect’s work that will deal with the matter in a greater detail.

Question 28

Could you elaborate on Article 5, section 5.8 in order to understand the safeguards afforded to the Contractor and how they would be carried out, which seems to be limited in the language used:

(Without the prior written consent of the Client, the Contractor may not assign any claim against the Client arising from this Contract. …Without the prior written consent of the Client, the Contractor may not unilaterally set off any claim arising from the subject matter of the contractual relationship which the Contractor has against the Client.)

The Client wishes to avoid that any claims of the Contractor from the Contract are assigned to a third party or set off without an agreement with the Client. This is a standard clause required to be present in all contracts entered into by the Client.

Question 25

Concerning the signature of the contract for work, should the city be adapted to the city of the contractor? Who should sign on the following lines? Is any stamp needed?

Yes, you can adapt the city to the city of contractor (although it would be not considered a mistake, if there is Prague). The contract should be signed by a representative of your office, meaning by a person who has a mandate to conclude a contract on behalf of your office. So, insert the name of the entity entering the contract and the name of the person signed. Include a stamp (although it would not be considered a mistake, if there is no stamp).

Question 22

Is the contract meant for the Open Call, or is it for the 15 selected only?

As is mentioned in points 5.1.1 and 6.1.1, the contract is required now, to be signed, scanned and inserted at the end of the portfolio; see Question 5. However, I can see where this question originates – in the Competition Regulation, this contract is called Contract for the First round (meaning a pledge of delivering the work in the First round, if selected in the Open Call), meanwhile in the Download section on the web, it is called Contract for the Open Call. It is the same thing. Apologies, if it raised any confusion. Please, submit the portfolio with the scanned contract.

Question 17

What is the scope of services (concept design, design development, schematic design, detailed design, site management, etc.,) to be provided by the team selected?

This will be described in the documentation of the First round. It is expected, however, that the selected team will provide a full scope of services up to an issued certificate of occupancy. The project of the interior might be commissioned separately.

Question 15

Is it acceptable for architects who are working as employees to submit their pre-qualification as individuals and participate with their own name and not through the company they work for?

This is probably an issue you need to work out with your employer. Regarding this issue from our side, it is mainly important that you are fully competent and able to enter into legal contract and deliver all the services that the announcer expects.

Question 12

Could you please explain, how it is expected to fill in the point 1.2 of the contract?

Contractor = name of the architectural firm
With its registered office at = address of the architectural firm
Acting by = representative of the architectural firm
ID No = in Czech it is IČO, meaning Taxpayer Identification Number
Banking details = account holder’s name, IBAN, SWIFT/BIC code
Entered in = date

Question 9

Can you elaborate more on the expected terms of the contract for the winning team on the client’s end?

Contract terms will be specified for the 15 invited architects in the First round, nevertheless in the Second round of the competition, they will become subject of negotiation with selected architects.

Question 5

The 6th–last page of the portfolio should contain scan of the contract for work for design proposal for the First round signed by the participant. The attached Contract is 7 A4 pages long. Does the Announcer expect us to attach all of the 7 pages or to shrink them to 1 A3 horizontal format – it might not be easy to read that way.

A real-size scan is preferable, which could mean that the contract would take 4 pages of the portfolio. However, no matter how many pages would the scanned contract take, the page limit is clear about the first five pages of the portfolio and then the scan is up to you.