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BUSMAN - Contract

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BUSMAN - Contract

Uploaded by

Pau Cruz
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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HOLY ANGEL UNIVERSITY

SCHOOL OF ENGINEERING AND ARCHITECTURE


DEPARTMENT OF ARCHITECTURE

DESIGN OF A COMMUNITY-CENTERED
DEVELOPMENT

ARCHITECTURE SERVICES

PROPOSAL
BMGMTAPP1

SUBMITTED BY:
DE LEON, MICAH FRANCINE S.

SUBMITTED TO:
AR. PATRICK MARTINEZ
When we talk about building a community, we start by acknowledging that many of us live in
multiple communities. A community is a network of people who share things in common. We live
in communities of place, past, purpose, perspective, and practice. Neighborhoods, villages, and
regions are communities of place. We share common geographies, resources, issues, and
possibilities. Families and ethnicities are communities of past. We share common heritages,
languages, cultures, ancestors, and roots. Companies, organizations, and institutions are
communities of purpose. We share common mission, vision, goals, commitments, and interests.
Religious and spiritual traditions, political ideologies and worldviews are communities of
perspective. We share common beliefs, stories, and values. Professional disciplines, crafts, and
careers are communities of practice. We share common types of work, knowledge, and learning.
Some of these communities overlap, some intersect, and some are separate and don't connect. We
are naturally close to people who belong to the same multiple communities with us. We seek
communities where we feel a tangible and visible sense of belonging, engagement, and
possibilities for a meaningful life (Network Weaving, 2011). Communities create social and
economic changes. They may either bring forth improvement or threat to the immediate vicinity.
Character wise, most subdivision developments are mere copycats devoid of character association
of the place where they are situated. Some would claim of considering the local context on their
designs, which is hardly felt and experienced when closely scrutinized. Everything around us has
become too commercialized. Another is the cloistered approach of the development, whereby the
community seems to be detached from the environment beyond its perimeter. Physical connection
through roads is never enough to establish the bigger role of a small community to its host
community.

Industrial Parks or IP’s are paramount for the growth of small and middle-sized enterprises in
developing economies (Sharma, 2019). They promote entrepreneurship, offer plots of varying
sizes with shared facilities, boost SME productivity and most importantly, offer more and better
employment opportunities. IPs can be considered magnets of development. As development
increases in these parks, more people populate the area during work hours. Many of the workers
travel far daily just to work in the different industrial companies. A big chunk of their income goes
to travel expenses. To support their workers, some companies provide shuttles which add up to
their operational expenses. Some are even forced to seek accommodations as bedspacers. This
relocation distances them from their families and home.
Proposed Buildings/Facilities:

1. Residential (Open Market Housing)


Lots with Model
Houses, Rowhouse
Shophouse
2. Shared Facilities o Gateways
Communal Parking for
Shophouses Parks
Playground
Pocket
gardens
Piazza
Jogging strip, bicycle lane, and planting strip
o Security and Maintenance, Disposal System, road networks (hierarchy of roads as per PD957),
& other support facilities/amenities deemed necessary
3. For Residents (Shared Facilities) or Clubhouse
Neighborhood convenience stores
4. For Residents and Neighboring Communities (Shared Facilities)
Commercial Strips (Specify nature of business.)
(saleable) School (pre-elementary) (non-saleable)
Community Clinic with Pharmacy
(saleable) Chapel (non-saleable) o
Parking spaces

Proposed Buildings/Facilities:

1. Residential (Open Market Housing)


Lots with Model
Houses Rowhouse
Shophouse
2. Shared Facilities
Gateways
Communal Parking for
Shophouses Parks
Playground
Pocket
gardens
Piazza
Jogging strip, bicycle lane, and planting strip
Security and Maintenance, Disposal System, road networks (hierarchy of roads as per PD957), &
other support facilities/amenities deemed necessary
3. For Residents (Shared Facilities)
Clubhouse
Neighborhood convenience stores
4. For Residents and Neighboring Communities (Shared Facilities)
Commercial Strips (Specify nature of business.)
(saleable) School (pre-elementary) (non-saleable)
Community Clinic with Pharmacy
(saleable) Chapel (non-saleable)
Parking spaces

Proposed Buildings (Summary)

Land Development
Total Estimated Development Cost

List of Architectural Services with Initial fees

I.Pre–Design Service ₱4.55 million


Project Definition and Space Programming
Detailed space requirements and functional
relationships Area tabulation and preliminary
budget
Site Analysis
Site conditions and constraints (topography, climate, access,
utilities) Site suitability and zoning analysis
Feasibility Studies
Cost-benefit analysis
Projected timelines and development strategies
Conceptual Design
Bubble diagrams for functional
relationships Conceptual zoning
diagrams
II. Schematic
Design ₱13.65 million
• Preliminary Design
Sketches
Site Development Plan
Floor Plans
Reflected Ceiling
Plans Sectional
Elevations
Reflected Ceiling Plan
Schedule of Doors and
Windows Floor Pattern
Layout
Material Specifications
• Design Concept
Design objectives and narrative explaining the proposed
solution
Develop a preliminary cost estimate based on the design.
III. Design
Development ₱27.3 million
Detailed and Updated Architectural Plans (w/ ₱9,500,000 for
Interior)
Site Development Plan (w/ ₱28,500,000 for MEP)
-
Floor Plans
Reflected Ceiling
Plans Sectional
Elevations
Reflected Ceiling Plan
Schedule of Doors and
Windows Floor Pattern
Layout
Wall Pattern Layout
Material Specifications
Interior Perspectives (Specialized Allied
Services) Exterior Perspectives
Architectural Details
Coordination of Engineering Systems (Specialized Allied Services) -
Mechanical
Drawings
Electrical Drawings
Plumbing Drawings
Fire Protection Drawings
Revised Budget Estimate
Detailed cost breakdown based on updated design information
IV. Contract
Documents ₱45.5 million
Complete and Final Architectural Drawings -
Site Development
Plan Floor Plans
Reflected Ceiling
Plans Sectional
Elevations
Reflected Ceiling
Plan Floor Pattern
Layout Wall Pattern
Layout
Material Specifications
Complete and Final Engineering Drawings -
Mechanical
Drawings
Electrical Drawings
Plumbing Drawings
Technical Specifications
Comprehensive listing of all materials, finishes, and workmanship standards
Bill of Quantities
Detailed cost breakdown per item for bidding purposes
Final Budget Estimate
Adjusted construction cost estimate based on finalized documents
Assistance for approval
Assists the Owner in filing the required documents to secure approval of government
authorities having jurisdiction over the design of the Project

V.Bidding and Negotiation ₱4.55 million


Bid Documents -
Instructions to bidders, bid forms, and contract
conditions Drawings and technical specifications
for use by bidders
Bid Evaluation and Analysis Reports
Assessment and comparison of bids from
contractor Recommendations for awarding
the contract
Bid Clarifications
Written responses to bidders’ queries regarding the design, scope, and contract
VI. Construction
Administration ₱27.3 million
Site Inspection
Reports Progress
Reports
Final As-Built
Drawings Complete
Certificates
VII. Post-Construction
Services ₱4.55 million
Evaluation of the completed project, as-built
drawings, and assisting in the project’s turnover
to the client.

Total Estimated Fees (Including Project Management): ₱127 million


As the Project Manager, who handles the overall management of the project, from planning and
coordination to execution. The fee for this service typically ranges from 5% of the total project cost.
CONTRACT OF SERVICE
PROJECT: Design of a Community-centered
Development
LOCATION: Brgy. Paraluyunan, Mabalacat,
Pampanga
OWNER: Kyan Clark P. Ortiz
DESIGNER: Ar. Micah Francine S. De Leon, UAP

PRC ID No.010755
Address: Lubao, Pampanga
Cel. No. 09674509125
Tel No. (045) 342-0431

THIS AGREEMENT, made and entered into this 22nd day of October, Two Thousand and
Twenty Four by and between:

TECO Industrial Park and TIPCO group of companies, a corporation duly organized and
existing under and by virtue of the laws of the Republic of the Philippines, with principal office
and place of business at Brgy. Paraluyunan, Mabalacat, Pampanga represented herein by Mr.
Kyan Clark Ortiz, hereinafter referred to as the OWNER.
- and –
C DESIGN AND BUILD FIRM, an architectural office duly organized and existing under and by
virtue of the laws of the Republic of the Philippines, with principal office and place of business at
Brgy. Paraluyunan, Mabalacat, represented in this act by its Principal Architect to be, Ar. Micah
Francine S. De Leon,, UAP, hereinafter referred to as the ARCHITECT.

WHEREAS, it is the intention of the Owner and in the best interest of the project to secure the
professional services of the Architect for the proposed: Design of a Community-centered
Development, hereinafter referred to as the PROJECT. WHEREAS, the realm of the professional
services of the Architect shall be based on the document published by United Architects of the
Philippines (UAP) under Architect’s National Code: Standards of Professional Practice.

NOW, THEREFORE, The OWNER and the ARCHITECT, for and in consideration of the
foregoing premises and of the other covenants hereinafter named, agree as follows:
ARTICLE 1. SCOPE OF WORK

The ARCHITECT shall perform basic and professional services, including coordination with
specialized allied services, as herein authorized by the OWNER for the subject Project herein
referred to, which shall consist generally of the following:
1.01Pre-design services include conferences with the client and inspection of the building site.
1.02Schematic design based on the requirements and needs of the owner.
1.03Preparation of the Final Design Development drawings, including perspective.
1.04Preparation of Contract Documents consisting of the following:
1.04.01 Architectural Drawings and Details
1.04.02 Structural Drawings and Details
1.04.03 Electrical Drawings and Details
1.04.04 Sanitary and Plumbing Drawings and Details
1.04.05 Mechanical Drawings and Details if required
1.04.06 Specifications
1.04.07 Budgetary Cost Estimates
1.05 Periodic visits of Construction (Note: 8-hour of full-time supervision or construction
management is not included but may be under separate contract)

ARTICLE 2. ARCHITECT’S BASIC SERVICES

The Architect’s Basic Services consist of the following:


2.01Pre-Design Phase
This phase involves the definition of the requirements of the project by the Owner. The Architect
in turn informs the Owner of the technical requirements of the project and the concomitant
professional fees. In this phase, the Architect:
2.01.01consults with the Owner to ascertain the conceptual framework and related requirements of
the project and confirms such requirements with him.
2.01.02 gathers relevant information and data leading to the definition of the requirements of the
project, including the scope of the Architect’s services.
2.01.03reviews and refines the owner’s space requirements and translates them into an architectural
program.
2.01.04 conducts a site analysis, assessing site conditions, constraints, suitability, and zoning.
2.01.05conducts a feasibility study with cost-benefits analysis, projected timelines and development
strategies.
2.01.06 prepares an initial statement of probable construction cost.

2.02Schematic Design Phase This phase consists of the preparation of schematic design studies
derived from the Pre-Design Phase, leading to conceptual plans. The Architect:
2.02.01 evaluates the Owner’s program, schedule, budget, project site and proposes methods of
project deliveries.
2.02.02 prepares the preliminary architectural drawings, such as the Site Development Plan, Floor
Plans, Reflected Ceiling Plans, Sectional Elevations, Reflected Ceiling Plan, Schedule of Doors
and Windows, Floor Pattern Layout, and Material Specifications, representing design studies
leading to a recommended solution, including a general description of the project for approval by
the Owner.
2.02.03 submits to the Owner a Statement of the Probable Project Construction Cost (SPPCC)
based on current cost parameters

2.03Design Development Phase


Based on approved schematics and conceptual plans, the Architect prepares:
2.03.01the Design Development documents consisting of the Site Development Plan, Floor Plans,
Reflected Ceiling Plans, Sectional Elevations, Reflected Ceiling Plan, Schedule of Doors and
Windows, Floor Pattern Layout, and Interior and Exterior Perspectives
2.03.02 coordinates the architectural drawings with the Engineering Systems (Mechanical,
Electrical, and Plumbing drawings)
2.03.03 outline specifications to fix and illustrate the size and character of the entire project as to
type of materials, type of structural, electrical, mechanical, sanitary, electronic and
communications systems.
2.03.04 diagrammatic layout of construction systems, and
2.03.05 an updated SPPCC for submission to the Owner.

2.04Contract Document Phase


Based on the approved Design Development Documents, the Architect:
2.04.01prepares the complete Contract Documents consisting of detailed designs and construction
drawings, setting forth in detail the work required for the architectural, structural, electrical,
plumbing/ sanitary, mechanical, electronic and communication works prepared by the Architect
and the respective professionals involved.
2.04.02 prepares Technical Specifications describing type and quality of materials, finish,
manner of construction and the general conditions under which the project is to be constructed.
2.04.03 submits to the Owner seven (7) sets of all construction drawings and technical
specifications for purposes of obtaining a building permit.
2.04.04 updates the SPPCC based on changes in scope, requirements or market conditions with a
bill of quantities, detailing cost breakdown per item for bidding purposes
2.04.05 assists the Owner in filing the required documents to secure approval of government
authorities having jurisdiction over the design of the Project.

2.05Bidding or Negotiation Phase


2.05.01 In this phase, the Architect:
a. prepares the Bid Documents such as forms for contract letting, documents for construction,
forms for invitation and instruction to bidders, forms for bidders’ proposals, general / specific
conditions of contract, etc..
2.05.02 For competitive bids / procurements, the Architect:
a. furnishes complete sets of the Bid Documents for purposes of bidding in as many sets as may be
required to conduct a successful bidding. The said documents are loaned to bidders at an amount
sufficient to cover direct and indirect costs attendant to the preparation, packaging, reproduction
and delivery of the said documents. The Bid Documents are the intellectual property of the
ARCHITECT (Sec. 33 of R.A. No. 9266) and must be returned by all entities acquiring bid
documents. A bond may be required to assure the return of the Bid Documents. The ARCHITECT
retains the sole ownership and copyright to the said documents (Sec. 33 of R.A. No. 9266). As
such, bidders must not reproduce nor use the documents for unauthorized purposes. The OWNER
also must not use the documentsfor anyother purpose other than the project for which the OWNER
and ARCHITECT signed an agreement.
b. helps in organizing and conducting pre-bid conferences,
c.responds to questions from bidders,
d. assists the Owner in obtaining proposals from Contractors, analyzes bid results and prepares
abstract of bids, notice of award, notice to proceed and other construction contracts.
2.05.03 For negotiated contracts, the ARCHITECT performs similar functions as in item but
negotiates with one Contractor instead of many bidders.
2.06Construction Phase
In this phase, the Architect performs the following:
2.06.01 makes decisions on all claims of the Owner and Contractors on all matters relating to the
execution and progress of work or the interpretation of the Contract Documents.
2.06.02 prepares change orders, gathers and turns over to the Owner written guarantees required of
the Contractor and Sub-Contractors.
2.06.03makes periodic visits to the project site to familiarize himself with the general progress and
quality of work and to ascertain that the work is proceeding in accordance with the Contract
Documents. The ARCHITECT shall not be required to make exhaustive or continuous 8-hour on-
site supervision to check on the quality of the work involved and shall not be held responsible for
the Contractor's failure to carry out the Construction work in accordance with the Contract
Documents. During such projectsite visits and on the basis of his observations, he shall report to
the Client defects and deficiencies noted in the work of Contractors and shall condemn work found
failing to conform to the Contract Documents.
2.06.04 determines the amount owing and due to the Contractor and issues corresponding
Certificates for Payment for such amounts based on his observations and the Contractor's
Applications for Payment. These Certificates will constitute a certification to the Client that the
work has progressed to the state indicated and that to his best knowledge, the quality of work
performed by the Contractor is in accordance with the Contract Documents. The ARCHITECT
shall conduct the necessary inspection to determine the date of substantial and final completion
and issue the final Certificate of Payment to the Contractor.

2.06.05 Should more extensive inspection or full-time (8-hour) construction supervision be


required by the Client, a separate full-time supervisor shall be hired and agreed upon by the Owner
and the ARCHITECT subject to the conditions provided in the SPP Document on Full Time
Supervision. When the ARCHITECT is requested by the Owner to do the full- time supervision,
his services and fees shall be covered separately in conformance with the applicable and
appropriate SPP Document.
ARTICLE 3. ARCHITECTS’ FEE AND MANNER OF PAYMENT

3.01Architect’s Fee
That the Owner agrees to pay the ARCHITECT for professional services, in accordance with the
Architect’s National Code (UAP Doc. 202) a basic fee of ten percent (10%) of the total estimated
project construction cost, with other payments and reimbursements hereinafter provided, exclusive
of twelve percent (12%) Value-Added Tax (VAT), the said amount hereinafter called the Basic
Rate. However, the fee shall be adjusted up or down based on the final construction cost.

3.02Manner of Payment
Payments to the ARCHITECT on account of the agreed Professional Fee shall be made by the
Owner on the different phases of the work of the ARCHITECT as follows:
3.02.01 Upon signing of the Service Agreement: An amount equivalent to 5% of the agreed
Professional Fee shall be paid by the Owner as an engagement fee or as the acceptance fee of the
ARCHITECT that shall cover the mobilization component of the services. The Professional Fee
shall be computed based on the Statement of Probable Project Construction Cost (SPPCC) as
included in the Annex of the Service Agreement.
3.02.02 Upon the completion of the Schematic Design Phase: Upon completion and submission
of the documents under Schematic Design Phase as stipulated in the Service Agreement, but not
more than 15 days after submission of the documents to the Owner, the Owner shall pay the
ARCHITECT a sum equal to fifteen percent (15.0%) of the Professional Fee, or a sum sufficient to
increase the total payments on the fee to twenty (20.0%) percent of the Professional Fee (amount
paid under Section 3.02.01 shall be deducted from the total amount). The Professional Fee shall be
computed based on the Statement of Probable Project Construction Cost (SPPCC) that shall be
part of the documents to be submitted at this particular stage.
3.02.03 Upon the completion of the Design Development Phase: Upon completion and submission
of the documents under Design Development Phase as stipulated in the Service Agreement, but
not more than 15 days after submission of the documents to the Owner, the Owner shall pay the
ARCHITECT a sum equal to twenty percent (20.0%) of the Professional Fee, or a sum sufficient
to increase the total payments on the fee to forty (40.0%) percent of the Professional Fee
(accumulated amount paid under Section 3.02.02 shall be deducted from the total amount). The
Professional Fee shall be computed based on the Statement of Probable Project Construction Cost
(SPPCC) that shall be part of the documents to be submitted at this particular stage.
3.02.04 Upon the completion of the Contract Document Phase: Upon completion and submission
of the documents under Contract Document Phase as stipulated in the Service Agreement, but not
more than 15 days after submission of the documents to the Owner, the Owner shall pay the
ARCHITECT a sum equal to fifty percent (50.0%) of the Professional Fee, or a sum sufficient to
increase the total payments on the fee to ninety (90%) percent of the Professional Fee
(accumulated amount paid under Section 3.02.03 shall be deducted from the total amount). The
Professional Fee shall be computed based on the Statement of Probable Project Construction Cost
(SPPCC) that shall be part of the documents to be submitted at this particular stage.
3.02.05Bidding or Negotiation Phase: Within 15 days after the award to the winning bidder or
bidders the payment to the ARCHITECT shall be adjusted so that it will amount to a sum
equivalent to ninety (90%) percent of the Professional Fee, computed upon the lowest bona fide
Bid or Bids or upon the winning Bid Price.
3.02.06Construction Phase: The remaining of the ten (10%) percent of the Professional Fee is
broken down as follows:
a)Five (5%) percent for Architect's Liability under the Civil Code, and
b)Five (5%) percent for the Periodic Construction Supervision (PCS)
3.02.07Progress Billing can be done on the remaining ten percent (10%) of the Architect’s Fee
based on the original Statement of Probable Project Construction Cost (SPPCC).
3.02.08 Upon completion of the work (when Certificate of Completion is issued to Contractor),
the balance of the ARCHITECT shall be paid computed on the Final Project Construction Cost
(FPCC).

3.03 Upon request from the ARCHITECT, the OWNER may make partial payments at any time
during the different stages of the ARCHITECT’S work, so long as they fall within the parameters
of the payment methods described above.

ARTICLE 4. THE OWNER’S RESPONSIBILITIES

4.01Provide full information as to his requirements for the Project.


4.02When necessary, designate a representative authorized to act on his behalf.
4.03 Promptly examine and render decisions pertaining to documents submitted by the
ARCHITECT to avoid unreasonable delay in the progress of the ARCHITECT’S work. The
Owner should issue orders to the General Contractor only through the ARCHITECT.
4.04Furnish or direct the ARCHITECT to obtain at his expense, a certified survey of the site,
giving, as may be required, topographical and/or relocation surveys covering grades and lines of
streets, alleys, easements, encroachments and related information, boundaries, with dimensions
and complete data pertaining to existing buildings, structures, trees, plants, water bodies, wells,
excavations / pits, etc. and other improvements and full information as to the available utility /
service lines both public and private; zoning compliances, clearances, deed/s of restrictions,
encumbrances and annotations to titles, association guidelines and standards, and soil
investigations / tests, borings and test pits necessary for determining soil and subsoil conditions.
4.05Promptly pay for architectural and all other engineering and allied services required for the
project.
4.06 Pay for the design and consulting services on acoustic, communication, electronic, and other
specialty systems which may be required for the project.
4.07Arrange and pay for such legal, auditing, insurance, counseling and other services as may be
required for the project.
4.08 Pay for all reimbursable expenses incurred in the project as called for in Section 7: “Other
Conditions on Services” and all taxes including VAT (but not including income tax) that the
government may impose on the ARCHITECT as a result of the services rendered by the
ARCHITECT on the project, whether the services were performed as a natural person i.e., an
individual practitioner or as a juridical entity i.e. as a sole proprietorship, partnership or
corporation.
4.09 If the OWNER observes or otherwise becomes aware of anything that may impair the
successful implementation of the project, he shall give prompt written notice to the ARCHITECT.
ARTICLE. 5.PROJECT CONSTRUCTION COST
Project Construction Cost (PCC) as herein referred to, meansthe cost of the completed building to
the Owner, including the structure, plumbing/sanitary and electrical fixtures, mechanical
equipment, elevators, escalators, air-conditioning system, fire protection system, alarm and clock
system, communications and electronic system, elements attached to the building and all items
indicated in the plans, designs, drawings and specifications prepared by the ARCHITECT and his
consultants. The construction cost of other items planned and designed by the ARCHITECT, such
as architectural interiors(AI) and site development plan elements and other items of similar nature,
additionally planned / designed by the ARCHITECT are also part of the PCC.

The cost of materials used and the labor for their installation are part of the PCC. If these items are
furnished by the Owner below its market cost, the cost of the material and labor shall nonetheless
be computed on the basis of the current (and fair market value) costs.

The PCC does not include any of the fees for the ARCHITECT, the Engineer, the Specialist
Consultants or the salaries of the construction inspectors.

ARTICLE 6. BASIC FEE AND BASIC RATE

The “Basic Fee” and “Basic Rate” refers to the compensation to the ARCHITECT on account of
his delivery of the Regular or Basic Services referred to in Article 2. Where the ARCHITECT has
to render more than the regular or basic services, it shall be the subject of a special additional
charge commensurate with the special services required. Such special charge shall be in addition to
the basic fee provided herein.

ARTICLE 7. OTHER EXPENSES CHARGEABLE TO THE OWNER


7.01Government Taxes on Service: The Architect’s Fee is a net amount. Any tax (exclusive of
income tax) that the national and/or local government/s may impose on the ARCHITECT as a
consequence of the services performed for the project shall be paid by the Owner.

7.02Different Periods of Construction: If portions of the building/s are erected at different periods
of time, thus increasing the construction period and Architect’s burden of services, charges
pertaining to services rendered during the Construction Phase shall be adjusted proportionately.
When the suspension of construction exceeds a period of six (6) months, the fee for the remaining
works shall be doubled.

7.03 Services of Specialist Consultants: If the Owner requires the services of specialist consultants,
they shall be engaged with the consent of the ARCHITECT. The cost of their services shall be
paid for separately by the Owner and shall not be deducted from the Architect’s fee.

7.04 Other Professional Services: that the Architect’s fee includes normal structural, electrical,
electronics, plumbing, sanitary and mechanical engineering services. Services for survey, soil
exploration and laboratory test are on the account of the Owner as stipulated in Article 4.04.
Other services that may be needed in order to complete the project such as services of acoustic and
illumination engineers / specialists, mural painters, sculptors, and other service providers are to be
recommended by the ARCHITECT for the OWNER'S approval. Costs for these services are to be
paid for separately by the Owner and shall be subject to a coordination fee payable to the
ARCHITECT.

7.05Separate Services: Should the Owner require the ARCHITECT to design movable or fixed
pieces of cabinets and other architectural interior (AI) elements, site development plan (SDP)
components, urban design elements, and other items of similar nature, the Owner shall pay the
ARCHITECT in addition to the Architect’s fee. The fee shall be based on an agreed method of
compensation.

7.06 Miniature Models: Should a scale model, 3D models and/or walk-thru presentation of
the architect’s design be necessary for exhibition and display purposes, they are to be
recommended by the ARCHITECT for the OWNER’S approval. Costs for these services are to be
paid for separately by the Owner and shall be subject to a coordination fee payable to the
ARCHITECT.

7.07 Per Diems and Traveling expenses: A per diem of not less than One Thousand Five Hundred
Pesos (P1,500.00) plus traveling and living expenses shall be chargeable to the Owner whenever
the ARCHITECT or his duly authorized representative is required to perform services at a locality
beyond 50.0 kilometers (air, straight line or radial distance) from his established office as it
appears in the Architect’s letterhead.

7.08 Extra Sets of Contract Documents: The ARCHITECT is to furnish the Owner seven (7) sets
of Drawings, Specification and other Contract Documents. Cost for printing or reproduction of
extra sets of Contract Documents when required by the Owner or his representative is to be paid
by the Owner.

7.09 Changes Ordered by Owner: If the ARCHITECT renders additional professional services due
to changes ordered by the Owner after approval of the Architect’s outputs, the Owner shall pay the
ARCHITECT for extra time, resources/ drafting, or other office expenses.

7.10 Work Suspended or Abandoned: If the work of the ARCHITECT is abandoned or suspended,
in whole or in part, the ARCHITECT is to be paid by the Owner commensurate with the services
rendered i.e., corresponding to the component ARCHITECT’S Fees due at the stage of suspension
or abandonment of the work. The primary service of the ARCHITECT is the preparation of plans,
specifications and other Project design documents that shall serve as the basis for the Constructor
to build the Project. If the ARCHITECT has prepared all of such documents, he has completed this
Contract Documents Phase of the service, which is equivalent to EIGHTY FIVE PERCENT
(85.0%) of his work. The remaining FIFTEEN PERCENT (15.0%) of his work is broken down as
follows:
a. TEN PERCENT (10.0%) for the Architect’s liability under Art. 1723 of the New Civil Code; and
b. FIVE PERCENT (5.0%) for the Architect’s construction phase service which includes the
preparation of contract document forms and periodic visits during the construction period.
When the Owner fails to implement the plans and documents for construction as prepared by the
ARCHITECT, the ARCHITECT is entitled to receive as compensation the sum corresponding to
EIGHTY FIVE percent (85.0%) of his Fee.

ARTICLE 8. FULL-TIME CONSTRUCTION SUPERVISION

Full-time construction supervisors will be hired and paid by the Owner based on the Architect’s
advice and with the Owner's permission. The full-time construction supervisor shall be under the
technical direction and supervision of the Architect and shall submit monthly reports to the
OWNER and to the ARCHITECT regarding the progress and quality of the work done if no
Project/Construction Manager is present.

ARTICLE 9. ESTIMATES

Any SPPCC or Cost Estimate provided by the ARCHITECT is only accurate to a certain extent.
The ARCHITECT does not accept any professional responsibility for such cost estimates, unless
there are blatant errors or inconsistencies that are readily visible, as he has no influence over the
cost of labor and materials or the other aspects that go into competitive bidding.

ARTICLE 10. COST RECORDS

The OWNER must provide a copy of the records of costs expended on the construction to the
ARCHITECT as work progresses. The OWNER is required to give the ARCHITECT a copy of
the breakdown of all costs for labor, services, materials, equipment, fixtures, and other things
utilized during and for the completion of the construction when the project is complete.

ARTICLE 11. DESIGN AND PLACEMENT OF SIGNS

All signboards of the General Contractor, sub-contractors, jobbers and dealers that shall be placed
at the project site during the progress of construction shall be approved by the ARCHITECT as to
size, design and contents. After the completion of the project, the Owner or his building lessee
shall consult the ARCHITECT for the design, size of all signboards, letterings, directories and
display boards that will be placed on the exterior or public areas attached to the building project in
order to safeguard the Owner’s interest. Nothing should be installed inside or outside of the
building that would compromise its safety and aesthetics.

ARTICLE 12. OWNERSHIP OF DOCUMENTS

All designs, drawings, models, specifications and other contract documents and copies thereof,
prepared, duly signed, stamped and sealed and furnished as instruments of service, are the
intellectual property and documents of the ARCHITECT, whether the work for which they were
made is executed or not, and are not to be reproduced or used on other work except with a written
agreement with the ARCHITECT (Sec. 33 of R.A. No. 9266).
ARTICLE 13. SUCCESSORS AND ASSIGNS

Both the OWNER and the ARCHITECT pledge themselves, their partners, successors, legal
representatives, and assigns to the other party to this Agreement as well as to their partners,
successors, legal representatives, and assigns. With the exception of what was stated above, neither
the Owner nor the Architect may assign, sublease, or transfer his interest in this Agreement
without the other's prior written approval.

ARTICLE 14. ARBITRATION

All questions in dispute under this Agreement shall be submitted in accordance with the provisions
of the Philippine Law on Arbitration and provided for in Art. 2042 of the New Civil Code of the
Philippines and the provision of the Republic Ac. No. 876, (but all litigations shall be confined
under the jurisdiction of city/municipality and both parties agree not to adjudicate in any other
areas for that matter.

The Parties in dispute under this Agreement hereby agree to full performance of the covenants
contained herein.

IN WITNESS WHEREOF, the parties to this Agreement have on the day and year first above
given, hereunto set their hands at the bottom of this page and on the left-hand margin of all the
other pages of this Agreement.

Kyan Clark P. Ortiz Ar. Micah Francine S. De Leon, UAP


OWNER ARCHITECT

Signed in the Presence of:

ACKNOWLEDGEMENT

Republic of the Philippines


City/Municipality of Pampanga
S.S.

Before me, a Notary Public in and for the Mabalacat City, Pampanga, personally appeared
the Owner Kyan Clark P. Ortiz,, with Residence Certificate No. 28903022 issued on October 22,
2024, in the Mabalacat City, Pampanga and Architect Micah Francine S. De Leon with Residence
Certificate No. 22039892 issued in the City of Mabalacat City, Pampanga on October 22, 2024,
both known to me and to me known to be the same persons who execute the foregoing instrument
and acknowledged to me that the same is their free act and deed.
In witness whereof, I have hereunto set my hand and affixed my Notarial Seal this 22nd day of
October 2024 in the Mabalacat City, Pampanga, Philippines.

NOTARY PUBLIC

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