ARCHITECTURAL CONTRACT

SIDC NAUJAN COMPLEX

(Naujan, Oriental Mindoro)

KNOW ALL MEN BY THESE PRESENTS:

This ARCHITECTURAL CONTRACT is made and executed this _____________ day of

____________, 2020 by and between:

SOROSORO IBABA DEVELOPMENT COOPERATIVE (SIDC), a duly registered

cooperative under the Cooperative Development Authority and with Main Office Address at Brgy.
Sorosoro Ibaba, Batangas City, represented in this act by its Chairperson of the Board, DR. ANGELITO
B. BAGUI and its Chief Executive Officer, HON. RICO B. GERON, both Filipino citizen, of legal age,
married and residents of Sorosoro Ibaba and Madonna Subdivision, Alangilan, both in the City of
Batangas, hereinafter referred to as OWNER.
-and-
DC ARCH Architectural Design and Build Services, a domestic corporation duly organized
and existing under the Philippine laws, with principal address at 10 Natividad St., Batangas City,
Philippines, represented by its owner, MAY CLOSA DOCE, Filipino citizen, of legal age, and a resident
of _____________________, Philippines, and ARVIN TOLENTINO DOCE, Filipino citizen, of legal
age, and a resident of _____________________, Philippines, hereinafter referred to as ARCHITECT.

WITNESSETH;
WHEREAS, the OWNER is an agri-based cooperative with principal office address at Sorosoro
Ibaba, Batangas City, wherein it wants to design a SIDC Naujan Complex (Naujan, Oriental Mindoro);
WHEREAS, the OWNER invited qualified bidders for said project and the ARCHITECT won
the bid/ding;
WHEREAS, the ARCHITECT represents that it possesses the necessary technical expertise,
experience, manpower, financial resources and sufficient appropriate equipment to accomplish the Works
in accordance with the plans, specifications and scope of works required by, and has offered to undertake
the Works for the OWNER;
WHEREAS, relying on the ARCHITECT'S above representations, OWNER has accepted the
offer of the ARCHITECT to undertake the design of the Works under the terms and conditions hereafter
set forth;
NOW THEREFORE AND IN CONSIDERATION of the foregoing and the mutual covenants
and agreements made herein by one with the other, the PARTIES herein by these presents, enter in this
Architectural Contract whereby the OWNER engages the ARCHITECT, under the following terms and
conditions:

DEFINITIONS AND INTERPRETATION

Definition of Terms
The following terms shall have the respective meanings set forth below except as expressly
provided or the context clearly requires otherwise:
"Contract" shall mean this Contract for Architectural Design of SIDC NAUJAN COMPLEX
(Naujan, Oriental Mindoro)
"Contract Documents" shall mean this Contract and all of the following documents which are
considered integral parts of this Contract:
Other documents such as but not limited to Change Orders and minutes of meetings of the
OWNER and the ARCHITECT, which hereafter may be mutually agreed upon by and between the
OWNER and the ARCHITECT and signed by both of them, whether prepared before or after the signing
of the foregoing documents, shall likewise form part of the Contract Documents.

"Works" shall mean THE ARCHITECTURAL DESIGN of SIDC Naujan Complex (Naujan, Oriental
Mindoro) specifically provided in this Contract. Specifically, the Works shall consist of THE
ARCHITECTURAL DESIGN of SIDC Naujan Complex (Naujan, Oriental Mindoro) and includes for all
items the incidental works necessary for its completion. Incidental works and interdependent work shall
be clearly defined in the plan to which both OWNER and ARCHITECT shall sign off. Except as provided
herein, Works shall include all labor, materials, tools, equipment, management and supervision of the
services needed to complete the Works in accordance with the plans, specifications, governing codes and
regulations and other related Contract Documents.
2. Interpretation
The headings in this Contract are used for convenience only and shall not limit or affect the
architectural designs of the provisions hereof. Unless herein expressly provided or the context requires
otherwise: (i) words denoting the singular number shall include the plural and vice versa; (ii) references
to Sections, Subsections, Annexes and Schedules shall refer to a Section, Subsection, Annex and
Schedule of and to this Contract.

SCOPE OF WORK / PROJECT

A. SCOPE OF WORK (Architectural Design):
That the scope of works to be done by the ARCHITECT, as herein authorized by the OWNER, for the
subject project herein referred to consists as the Architect’s Basic Professional Services for the following:
1.0 SCHEMATIC DESIGN PHASE
1.1 The Architect shall consult with the Owner to ascertain the requirements of the Project and
shall confirm such requirements to the Owner.
1.2 He shall prepare schematic design studies leading to a recommended solution together with a
general description of the Project for approval by the Owner.
2.0 DESIGN DEVELOPMENT PHASE (Preliminary Studies)
2.1 The Architect shall prepare from the approved Schematic Design Studies, the Design
Development Documents consisting of plans, and other drawings, computer-aided 3D
exterior perspective, to fix and illustrate the size and character of the entire Project in its
essentials as to kinds of materials, and type of structure.

3.0 CONTRACT DOCUMENTS PHASE

3.1 The Architect shall prepare from the approved Design Development Documents, the
Construction Drawings and Specifications setting forth in detail the work required for the
work architectural, structural, electrical, sanitary service.
3.2 He shall prepare specifications describing type and quality of material, finish, and manner of
construction and the general conditions under which the project is to be constructed.
3.3 He shall furnish not less than six (6) complete sets of Construction Working Drawings, six
(6) sets of Specifications & Quantity of Materials, signed and sealed by the Architect, Civil/
Structural, Electrical and Sanitary Engineers.
4.0 CONSTRUCTION PHASE
4.1 He shall assist the Owner in obtaining proposals from Contractors and in awarding and
preparing construction contracts.
4.2 To the extent provided by the contract between the Owner and the Contractor, he shall make
decisions on all claims of the Owner and Contractor and on all other matters relating to the
execution and progress of the work or the interpretation of the Contract Documents. He shall
check and approve samples, schedules, shop drawings and other submissions only for
conformance with the information given by the Contract Documents, prepare change orders
and assemble written guarantees required of the Contractors for submission to the Owner.
4.3 If a more extensive representation and inspection at the site is required, a separate full-time
inspectors and supervisors shall be hired by the OWNER. The conditions, under which said
inspector or supervisors shall be selected, employed and directed, shall be agreed to by the
Owner and the Architect and set forth as an exhibit to this Agreement.

B. SUPERVISION SERVICES
1.0 The ARCHITECT shall make periodic visits to the site (at least once a week) and / or a
Project Superintendent to be provided by Architect/Designer, to familiarize himself generally
with the progress and quality of the work and to determine in general if the work is proceeding
in accordance with the Working drawings. He will not be required to make exhaustive or
continuous – eight (8) hours, onsite inspections to check quality of the work in accordance
with the Working drawings. During such visits and on the basis of his observations while at
the site, he will keep the Owner informed of the progress of the work, will endeavor to guard
 the Owner against defects and deficiencies in the work of Contractors, and he may condemn
work as failing to conform to the Working drawings.

A. The ARCHITECT shall, in accordance with the provisions of this Contract, fully and faithfully,
furnish and provide for its account the necessary materials, labor, tools, equipment, and supervision as
may be needed to successfully perform, and complete the Works without delay.
B. The ACHITECT shall perform and accomplish the project strictly in accordance with its
proposal and as provided in the Contract Documents including but not limited to papers, plans,
specifications and schedules
C. The ARCHITECT shall provide everything necessary or appropriate toward the proper
accomplishment and completion of the project according to the true intent and meaning of the drawings,
plans and specifications and other contract documents taken together, whether the same may or may not
be particularly shown on the drawings or described in the specifications; provided that, the same is
reasonably to be interfered therefrom; and if the ARCHITECT finds any discrepancy in the drawings or
between the drawings and the specification, the ARCHITECT shall immediately refer the same to the
owner which shall finally decide on what shall be followed

CONTRACT PRICE

The OWNER shall pay the ARCHITECT for completing the works specified in the Contract to
total amount of _______________________________ (___________), _______________. The
ARCHITECT guarantees that for the entire performance of the work, the OWNER shall not incur
expenses over and above the said amount except for any addition or extra work that may be required and
authorized in writing.
It is expressly agreed by both PARTIES that no change shall be made in the above-mentioned
Contract Price as a result of any fluctuation in the cost of material and/or labor.

MANNER OF PAYMENT

Schematic Design Phase – Upon Contract Signing (10%)

Design Development Phase (35%) – ARCHITECT will submit billing after approval of first
submission
Contract Document Phase (40%) – ARCHITECT will submit billing after submission of FULL
set of signed and sealed drawings and specifications.
Construction Phase – After Construction Bidding is awarded (15%)

Works will commence upon contract signing and a downpayment of 10% of the contract price.

. THE OWNER’S RESPONSIBILITIES

1. The Owner shall provide necessary information as to his requirements for the Project.
2. He shall designate, when necessary and as per his preference, representatives authorized
to act on his behalf. He shall examine documents submitted by the Architect and render
decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the
Architect’s work. He shall observe the procedure of issuing orders to Contractors only
through the Architect.
3. He shall furnish or direct the Architect to obtain at the Owner’s expense, a certified survey
of the site giving, as required, grades and lines of streets, alleys, pavements, and adjoining
property; right of way, restrictions, boundaries, and contours of the building site; locations,
dimensions and complete data pertaining to existing buildings, other improvement and
trees, full information as to available service and utility lines both public and private and
test borings and pits necessary for determining sub-soil conditions.
4. He shall pay for the chemical, mechanical and soil mechanics or other tests and reports as
may be required for the project.
5. He shall arrange and pay for such legal, auditing, and insurance counseling services and
taxes as may be required for the Project or by the government.
 6. If the Owner observes or otherwise becomes aware of any defects in the Project, he shall
give prompt written notice thereof to the Architect.

OTHER EXPENSES
1. Other Professional Services: Services for survey, soil exploration and laboratory tests
which are on the account of the Owner. Other services that may be needed in order to
complete the project such as more extensive structural analysis for complex terrain,
acoustic engineers, mural painters and sculptors are to be recommended by the Architect
for the Owner’s approval and costs for these services are to be paid by the Owner and not
deductible from the Architect’s Fee.
2. Changes Ordered by the Owner: if the Owner ordered to change or upgrade the materials
specified in the Contract documents during construction period, the submitted estimates /
costing by the Contractor shall be adjusted in accordance to the cost of the said material
and shall be paid accordingly by the Owner.
3. Extra Sets of Contract Documents: that the Architect is to furnish the Owner six (6) sets
of Drawings, six (6) sets each of Specifications and Quantity of Materials. Cost for
printing or reproduction of extra sets and Contract documents when required by the Owner
or his representatives is to be paid by the Owner.
4. 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 for the services rendered
corresponding to the 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
building constructions that shall serve as the basis for the Contractor to build the Project.
Since the Architect has prepared all these documents, he has completed this Contract Phase
of his services.
ESTIMATES
Since the Architect has no control over the cost of labor and materials, or competitive
bidding, he does not guarantee the accuracy of Statements of Probable Construction Cost,
or any Semi-Detailed Cost Estimates.
OWNERSHIP OF DOCUMENTS
All designs, drawings, specifications and copies thereof prepared and furnished by the
Architect in connection with subject project pursuant to this Agreement, are instruments of
professional service. As instruments of service, they are the property of the Architect
whether the work for which they are made may be executed or not, and are not to be
reproduced or used on other work except by written agreement with the Architect.
This is in pursuance with the pertinent provisions of Republic Act 9266 promulgated on
July 28, 2003 and of Presidential Decree No. 49 on the “Protection of Intellectual
Property” issued on November 14, 1972.

CLAIMS AND ACTION

The OWNER shall not be responsible for any liabilities incurred by the ARCHITECT for wages
or other compensation due to the latter’s laborers, employees, agents or for the cost of equipment, tools
and services supplied by the third parties to the ARCHITECT or on account of the design on persons,
rights or properties, of any third party or subject matter of this Contract, for anything or act done or
performed by the ARCHITECT. The rights and liabilities under this contract may not be transferred or
assigned to any third party without the written consent of the OWNER.

OWNER’S RIGHT TO TERMINATE CONTRACT

If the ARCHITECT shall neglect or fail to perform any of the obligations herein set forth, the
OWNER may give written notice to the ARCHITECT to proceed with such work and to perform such
obligations or agreement. Should the ARCHITECT fail to do so within FIFTEEN (15) calendar days
from the receipt thereof and if the EGSO or REPRESENTATIVE shall certify such failure to do so, this
shall be sufficient ground for the OWNER to terminate the Contract and to complete the work
comprehended in this Contract, and to used authorize such other person or subcontractor to use thereof
any tools, equipment, and the property of the ARCHITECT that shall be on the premises. The total
expenditure of the OWNER on completion of the work, damages and all charges including managerial
and administrative services shall be applied to the balance of the Contract price.

CONFIDENTIALITY CLAUSE

It is understood and agreed that the terms and conditions of this Contract between ARCHITECT
and OWNER shall remain confidential. ARCHITECT AND OWNER, its officers, employees and
representatives shall not discuss this contract terms, rates or conditions with any third party unless
authorized by or requested to do so by the parties in this Contract. Any breach of confidentiality by
ARCHITECT and OWNER shall be deemed a material default hereunder and in which event, this
Contract may be cancelled at without prior notice or demand.

COMPLIANCE WITH LAWS AND REGULATIONS

In the prosecution of the work subject matter of this Contract, the ARCHITECT shall comply
with all laws, ordinances, rules, and regulations prescribed by the Government, local or national.

SUB- CONTRACTS

It is hereby understood herein that the entire work called for by this Contract shall not be sublet
or subcontracted. However, for the better progress of the work, the ARCHITECT may sub-contract
specific jobs and portions of this work after obtaining prior written authorization and consent from the
OWNER.
Any sub-contract even if authorized shall not relieve the ARCHITECT from its obligation and
responsibility to the OWNER for the satisfactory completion of the work and for payment of wages of
laborers and materials furnished for the work.

NO EMPLOYER-EMPLOYEE RELATIONSHIP

The relationship of the OWNER to the ARCHITECT is that of an independent contractor.

Nothing in this Agreement shall be construed as creating an employer-employee relationship
between OWNER and the ARCHITECT, its subcontractor, employees, agents, or workers.

MISCELLANEOUS

1.Any breach or violation by either party of the obligations and covenants under this Agreement shall
entitle the aggrieved party to rescind or cancel this Agreement, after fifteen (15) days written notice to
that effect. In addition, the party that breached or violated this Agreement agrees and obligates itself to
pay for the actual incurred by the other party;
2.Any failure of the OWNER to enforce her rights and privileges under this Agreement shall not be
construed as a waiver or renunciation of such rights and privileges; and
3.This Agreement shall be binding upon the respective assigns and successors-in-interest of the parties
thereto.

IN WITNESS WHEREOF, the parties herein affixed their signatures on the date and place above
written.

SOROSORO IBABA DC ARCH Architectural Design

DEVELOPMENT COOPERATIVE (SIDC) and Build Services

_________________________ _____________________________
DR. ANGELITO B. BAGUI Ar. MAY C. DOCE uap
Chairperson of the Board Architect
______________________ _____________________________
HON. RICO B. GERON Ar. ARVIN T. DOCE uap
Chief Executive Officer Principal Architect

Signed in the presence of:

_______________________ ________________________

ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES)

CITY OF BATANGAS ) S.S.

BEFORE ME, personally came and appeared this ______ day of ___________, 2020:

Name ID CARD/ID. NO. Issued on/at

DR. ANGELITO B. BAGUI _______________ _______________________
HON. RICO B. GERON _______________ _______________________
MAY C. DOCE _______________ _______________________
ARVIN T. DOCE _______________ _______________________

Known to me and to me known to be the same persons who executed the foregoing instrument
and acknowledged to me that the same is their free and voluntary act and deed and those of the entity they
respectively represent.
This instrument refers to Architectural Contract consisting of six (6) pages including the page on
which this acknowledgement is written, has been signed on each and every page thereof by the concerned
parties and their witnesses, and sealed with my notarial seal.

WITNESS MY HAND AND SEAL, on the date and place first above written.

NOTARY PUBLIC

Doc. No. ________;

Page No. ________;
Book No. ________;
Series of 2020.