BUSMAN - Contract
BUSMAN - Contract
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:
Proposed Buildings/Facilities:
Land Development
Total Estimated Development Cost
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)
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
ACKNOWLEDGEMENT
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