DETAILED ARCHITECTURAL AND ENGINEERING i.
consults with the Owner to ascertain the conceptual framework and
DESIGN SERVICES CONTRACT
KNOW ALL MEN BY THESE PRESENTS:
This CONTRACT is being executed this 10th of September, 2021, by and between:
Mr. Juan Dela Cruz, of legal age, single/married, Filipino, and with postal address at #1, 2nd
Avenue, Cubao, Quezon City, (hereinafter referred to as the “Owner”)
b.
and
Arch. Jose Delos Santos, an architect duly authorized by law to practice Architecture in the
Philippines, and with business address at #53 Sct. Rallos, Quezon City, (hereinafter referred to
as the “Architect”
WITNESSETH:
Whereas, Mr. Juan Dela Cruz, is a registered owner of a lot, five hundred (500) sqm in
area, located at #3, Sta. Rosa Road, Tagaytay City, and particularly described in TCT No.
c.
“Transfer Certificate of Title No. 000-000000000
Registry of deeds for Tagaytay City”
Whereas, Mr. Juan Dela Cruz has engaged with and availed the services of Arch. Jose
Delos Santos for the provision of detailed architectural ang engineering design of a two (2)
storey residential structure with roof deck (hereinafter referred to as the “Project”); and
Whereas Arch. Jose Delos Santos had agreed and has obliged himself to provide Mr. Juan
Dela Cruz a Detailed Architectural and Engineering Design Services.
d.
NOW THEREFORE, for and in consideration of the total sum equivalent to TEN PERCENT (10%) of
the Project Construction Cost, and of the covenants hereinafter setforth, the parties agree to the
following terms and conditions
1. Architects Obligations. The Architect obliges himself to provide a detailed architectural
design and normal basic engineering design services for structural, plumbing, electrical,
and mechanical systems:
a. Project Definition 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:
related requirements of the project and confirms such requirements
with him.
ii. gathers relevant information and data leading to the definition of the
requirements of the project, including the scope of the Architect’s
services.
iii. reviews and refines the owner’s space requirements and translates
them into an architectural program.
iv. prepares an initial statement of probable construction cost.
Schematic Design Phase. This phase consists of the preparation of schematic
design studies derived from the Project Definition Phase, leading to conceptual
plans. The Architect:
i. Evaluates the Owner’s program, schedule, budget, project site and
proposes methods of project deliveries.
ii. Prepares the initial line drawings representing design studies leading to
a recommended solution, including a general description of the project
for approval by the Owner.
iii. Submits to the Owner a Statement of the Probable Project
Construction Cost (SPPCC) based on current cost parameters.
Design Development Phase. Based on approved schematics and conceptual
plans, the Architect prepares:
i. The Design Development documents consisting of plans, elevations,
sections and other drawings,
ii. 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.
iii. Diagrammatic layout of construction systems, and
iv. An updated SPPCC for submission to the Owner.
Contract Document Phase. Based on the approved Design Development
Documents, the Architect:
i. Prepares 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.
ii. 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.
iii. Submits to the Owner seven (7) sets of all construction drawings and
technical specifications for purposes of obtaining a building permit.
iv. Updates the SPPCC based on changes in scope, requirements or
market conditions.
 v. Assists the Owner in filing the required documents to secure approval
of government
vi. Authorities having jurisdiction over the design of the Project.
e. Bidding or Negotiation Phase. In this phase, the Architect:
i. 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.
ii. Assists the Owner from the early stage of establishing a list of
prospective Contractors to awarding of the construction contract.
f. Construction Phase. In this phase, the Architect performs the following:
i. 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.
ii. Prepares change orders, gathers and turns over to the Owner written
guarantees required of the Contractor and Sub-Contractors.
iii. Makes 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 project site 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.
iv. 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.
v. 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. When
the Architect is requested by the Owner to do the full time supervision,
his services and fees shall be covered separately.
2. Owner’s Obligations. The Owner obliges himself to perform the following:
a. Provide full information as to his requirements for the Project.
b. When necessary, designate a representative authorized to act on his behalf.
c. 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.
d. Furnish 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 sub-soil conditions.
e. Promptly pay for architectural and all other engineering and allied services
required for the project.
f. Pay for the design and consulting services on acoustic, communication,
electronic, and other specialty systems which may be required for the project.
g. Arrange and pay for such legal, auditing, insurance, counseling and other
services as may be required for the project.
h. Pay for all reimbursable expenses incurred in the project 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.
i. 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.
3. Work Schedule. The duration of the Works of the Architect shall be divided as follows:
a. Schematic Design Phase, for two (2) weeks, exclusive of review and approval by
the Owner.
 b. Design Development Phase, for three (3) weeks, exclusive of review and
approval by the Owner.
c. Contract Documents Phase, for four (4) weeks, exclusive of review and approval
by the Owner.
d. Bidding Phase, for four (4) weeks, inclusive of review, negotiation, and approval
by the Owner.
e. Construction Phase, for thirty two (32) weeks, for purposes of this Contract.
4. Professional Fee. The Architect’s Fee shall be Ten Percent (10%) of a mutually agreed
upon Project Construction Cost of Ten Million Philippine Pesos (P10,000,000.00).
a. For purposes of this Contract, Project Construction Cost means the cost of the
completed building to the Owner, including the structure, plumbing/sanitary and
electrical fixtures, mechanical equipment, fire protection 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 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.
b. The Architect shall be paid by the Owner in the following manner
i. Upon signing of this Contract, an amount equivalent to five percent
(5%) of the agreed Professional Fee shall be paid by the Owner as
engagement fee or acceptance fee.
ii. Upon completion and submission of the documents under Schematic
Design Phase, but not more than fifteen (15) days after submission of
the documents to the Owner, the Owner shall pay the Architect a sum
equal to fifteen percent (15%)of the Professional Fee.
iii. Upon completion and submission of the documents under Design
Development Phase, but not more than fifteen (15) days after
submission of the documents to the Owner, the Owner shall pay the
Architect a sum equal to twenty percent (20%) of the Professional Fee.
iv. Upon completion and submission of the documents under Contract
Document Phase, but not more than fifteen (15) days after submission
of the documents to the Owner, the Owner shall pay the Architect a
sum equal to fifty percent (50%) of the Professional Fee.
v. Within fifteen (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.
vi. The remaining of the ten (10%) percent of the Professional Fee is
broken down as follows:
1. Five (5%) percent for Architect's Liability under the Civil
Code, and
2. Five (5%) percent for the Periodic Construction Supervision.
c. Once the Architect has prepared all the documents, then the Architect has
deemed completed his Detailed Architectural and Engineering Design Services
equivalent to Ninety percent (90%) of his work. The Architect is entitled to receive
as compensation the sum corresponding to ninety percent (90%) of the
Architect's Professional Fee.
5. Legal Interest
a. When the Owner fails to make any payment within fifteen (15) days after they
become due, there shall be imposed a legal interest of six percent (6%) on the
amount due.
6. Change Orders
a. 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. Work Suspension or Abandonment
a. If the work of the Architect is abandoned or suspended in whole or in part, the
Owner shall pay the Architect for the services rendered corresponding to the
amount due at the stage of suspension or abandonment of the work.
b. Once the Architect has prepared all these documents, the Architect has
completed the Detailed Design and Contract Documents Phase of his services,
which is equivalent to ninety percent (90%) of his work.
c. When the Owner therefore 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 ninety percent (90%) of the Architect’s
fee.
8. Different Periods of Construction
a. 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.
9. Force Majeure (Fortuitous Event)
 a. Neither party shall be responsible nor be held liable for failure to comply with (sgd)
respective obligations, for those events which could not be foreseen, or which, Arch. Jose Delos Santos
through foreseen, where inevitable. It includes act of God, i.e. earthquakes, Architect
storms, floods, epidemics, fires, etc. It also includes act of man, i.e. armed
invasion, attack by bandits, governmental prohibitions, robbery, etc.
Witnesses
b. Notwithstanding the foregoing, force majeure does not apply when there is fraud,
negligence, delay, or violation of the Contract prior to, or concurrent with, the
fortuitous event. _____________________________ _____________________________

10. Copyright or Ownership of Documents

a. 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 ACKNOWLEDGMENT:

11. Arbitration Republic of the Philippines Quezon City

a. Any dispute, controversy, difference or claim arising out of or in relation to this Before me, this 10th of September, 2021, in Quezon City, personally appeared :
Contract, including any question as to the interpretation, implementation,
existence, validity, breach or termination thereof or as to any non-contractual NAME TYPE OF ID/ ID NO. DATE/PLACE
obligation arising out of or relating thereto, shall be referred to and finally ISSUED
resolved by arbitration, as an alternative mode of settling disputes. Mr. Juan Dela Cruz
Arch. Jose Delos Santos
12. Severability
Known to me and to me known to be the same persons who executed the foregoing instrument,
a. If any provision of this Contract or the application thereof to any person or consisting of 7 page, including the page on which this acknowledgement is written, and who
circumstance shall, to any extent, be invalid or unenforceable, the remainder of acknowledged to me that the same is their free act and deed.
this Contract, and the application of such provision to persons or circumstances
other than those to which it is held invalid and unenforceable, shall not be In witness whereof, I have set my hand and affixed my notarial seal.
affected thereby, and each provision of this Contract shall be valid and enforced
to the fullest extent permitted by law.
NOTARY PUBLIC
IN WITNESS WHEREOF, we have hereunto set our hands this 10 September 2021.
Doc. No.
Page No.
Signed: Book No.
Series of.
(sgd)
Mr. Juan Dela Cruz
Client
 PRE-DESIGN SERVICES CONTRACT ARTICLE 2 GENERAL SCOPE OF SERVICES

Hereunder are the scope of work to be done by the ARCHITECT, as authorized by the OWNER, for
PROJECT : the subject project, herein referred to consists of PRE-DESIGN SERVICES.
LOCATION : 2.1 Economic Feasibility Studies
OWNER/DEVELOPER : 2.2 Project Financing
ARCHITECT : 2.3 Architectural Programming
2.4 Site Selection and Analysis
2.5 Site Utilization and Land Use Studies
2.6 Space / Management Studies
2.7 Promotional Services
This AGREEMENT, made and entered into this _____day of _______________ in the year Two
Thousand and ______________ by and between : ARTICLE 3 DETAILED SCOPE OF SERVICES

___________________________, a corporation duly organized and existing under and by virtue of 3.1 Economic Feasibility Studies
the laws of the Republic of the Philippines, with principal office and place of business at
______________________________________________, represented herein by 3.1.a The ARCHITECT shall conduct a study to determine the viability of a project such as its
____________________________, hereinafter referred to as the OWNER. cost of development versus its potential return to the Owner. A detailed cost-benefit analysis can
guide the client and the Architect in selecting a more viable alternative plan.
- and -
3.1.b He shall also prepare a detailed cost-benefit analysis that will guide the Owner in selecting
___________________________________, an architectural office duly organized and existing a more viable plan / project.
under and by virtue of the laws of the Republic of the Philippines, with principal office and place of
business at _______________________________________, represented in this act by its Principal 3.2 Project Financing
Architect, ________________________, hereinafter referred to as the ARCHITECT.
3.2.a The ARCHITECT shall assist in the determination of requirements of lending agencies,
income-expense relationship and relative demand for different building types in actual financing
WHEREAS, it is the intention of the Owner and in the best interest of the project to secure the negotiations.
professional services of the Architect for the proposed: _________________, hereinafter referred to
as the PROJECT. 3.3 Architectural Programming

WHEREAS, the realm of the professional services of the Architect shall be based on the document 3.3.a The ARCHITECT shall investigate, identify and document the requirements of the client,
published by United Architects of the Philippines (UAP) under Architect’s National Code : Standards for his needs and use in the design of this project.
of Professional Practice. 3.4 Site Selection and Analysis

NOW, THEREFORE, the OWNER and the ARCHITECT, for and in consideration of the foregoing 3.4.a The ARCHITECT shall assist the client in locating sites for the proposed project and
premises of the covenants, agreement and stipulation set forth, do hereby agree as follows: evaluating their adequacy with regards to topography, sub-surface conditions, utilities, development
costs, climate, population, legal considerations and other factors.

ARTICLE 1 GENERAL STATEMENT 3.5 Site Utilization and Land Use Studies

The OWNER finds it practical and expedient to engaged the ARCHITECT in the process of studying, 3.5.a The ARCHITECT shall prepare detailed analysis of the site to develop its potential
programming and analyzing the viability of the project. Thereby, the client has commissioned the through the proper utilization of the land.
ARCHITECT to perform services other than purely architectural or designing services.
3.6 Space / Management Studies

3.6.a The ARCHITECT shall analyze the space requirements of the project based on
organizational structure and functional setup. He shall consider the human behavior and
transactional analysis to pinpoint linkages and interactions of spaces.
3.6.b The ARCHITECT shall also study the cover space use and space character analysis, work
station and space module design and a space program to serve as basis for architectural design.
3.7 Promotional Services
3.7.a The ARCHITECT shall assist the OWNER in generating financial support and acceptance
from governing agencies or from the general public.
3.7.b The ARCHITECT shall design promotional items like brochures, drawings, and the like.
5.2 Be responsible and make certain the availability, programming and allocation of funds for the
payment of services to the Architect and his Consultants.
ARTICLE 6 ESTIMATES
Any statement of probable project construction cost or any cost estimate submitted by the Architect is
normally within the acceptable range of accuracy. However, there can be no finality of cost because
of factors that the Architect has no control of, such as the fluctuation of cost of labor and materials,
bank interest rates and inflation rate and political situation in the locality and the many factors that go
into competitive bidding. Furthermore, a substantial gap between the date of submission of the
estimate and the date of implementation of the project may affect the cost due to change of cost of
materials and labor.

3.7.c The ARCHITECT shall produce and coordinate the additional activities necessary to
complete the services. ARTICLE 7 OWNERSHIP OF DOCUMENTS AND PROTECTION OF INTELLECTUAL
PROPERTY

ARTICLE 4 ARCHITECT’S FEE AND MANNER OF PAYMENTS 7.1 Pursuant to the principle and spirit in the enactment of Presidential Decree No. 49 on the
Protection of Intellectual Property dated November 14, 1972, the Work of architecture; ornamental
4.1 That the OWNER agrees to pay the ARCHITECT a lumpsum compensation package of the design; maps, plans, sketches and charts; scientific and artistic work as the creative conceptual
above mentioned services of P_______________ or on a compensation computed on P designs indicated or projected in the drawings and/or models or reports are and shall remain the
_______per man hour plus a multiplier of _______, to cover for the overhead on every technical man property of the Architect.
hour expended on the project.
7.2 Republic Act 545 Section 24. (4), stipulates that all designs, drawings, specifications and
4.2 That the payment to the ARCHITECT/S are as follows: copies thereof, prepared by the Architect as instruments of service, are the property and documents
of the Architect whether the work for which they are made may be executed or not, and it shall be
4.2.a (Peso in words) (P ___________) upon signing of this agreement. unlawful for any person to copy, duplicate said documents for use on other works except by written
consent of the Architect or author of said documents and the Architect properly compensated for it.
4.2.b That the OWNER agrees to make partial payments upon request of the ARCHITECT.
7.3 If the Owner would desire to have a copy of the Drawings on reproducible film or paper
4.3 The Fees and manner of payments to the ARCHITECT shall be based in accordance with the (sepia) or copies of photographs, slides, video and film cups, etc., the Owner shall pay for the cost of
documents published by the United Architects of the Philippines (UAP) Architect’s National Code : said reproducible copies on his own account and in no case shall it be reproduced or to be used on
Standards of Professional Practices under UAP Document 208 “Selection of the Architect and other works except by written agreement with the Architect, and the Architect properly compensated
Method of Compensation.” for it.

ARTICLE 8 SUCCESSORS AND ASSIGNS

ARTICLE 5 THE OWNER’S RESPONSIBILITIES
5.1 Provides the Architect with full information regarding the requirements of the Project, a
reproduction copy of the Torrens Title of the land and a copy of the topography of the site.
The Owner and the Architect each bind themselves, their partners, successors, legal representatives,
and assigns to the other party to this Agreement and to the partners, successors, legal
representatives and assigns of such other parties in respect to covenants of this Agreement. Except
as specified, neither the Owner nor the Architect shall assign, sublet, or transfer their interest to this
Agreement without the written consent of the other.
ARTICLE 9 ARBITRATION

All questions in dispute under this Agreement shall be submitted to arbitration as per Executive Order
1008 dated February 4, 1985 otherwise known as the “Construction Industry Arbitration Law”.

THE PARTIES TO THIS AGREEMENT HEREBY AGREE TO THE FULL PERFORMANCE OF THE
COVENANTS CONTAINED HEREIN AND PRAY FOR THE GUIDANCE OF THE LORD FOR A
SUCCESSFUL COMPLETION OF THE PROJECT.
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 right-hand margin of all the other
pages of this
Agreement by: by:
Republic of the Philippines
City of _______________
Before me, a Notary Public in and for the City of ___________ personally appeared Mr.
__________ with Residence Certificate no. ____________ on _______, 2000 at _______________
City and Architect _________________ with Residence Certificate no. ________________ issued at
__________ City on ________, 2000, both known to me and to me known to be the same person
who executed 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 _______
day of ________ 2000 in the City of __________, Philippines.

__________________________________ __________________________________ ________________________

OWNER ARCHITECT
Notary Public

Signed in the Presence of:

__________________________________ __________________________________

SPECIALIZED ARCHITECTURAL SERVICES CONTRACT
PROJECT : the subject project, herein referred to consists of SPECIALIZED ARCHITECTURAL SERVICES
LOCATION :
OWNER/DEVELOPER : 2.1 Architectural Interiors (AI)
ARCHITECT : 2.2 Acoustic Design
This AGREEMENT, made and entered into this _____day of _______________ in the year Two
Thousand and ______________ by and between :
___________________________, 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
______________________________________________, represented herein by
____________________________, hereinafter referred to as the OWNER.
- and -
___________________________________, 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 _______________________________________, represented in this act by its Principal
Architect, ________________________, 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: _________________, 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 of the covenants, agreement and stipulation set forth, do hereby agree as follows:
ARTICLE 1 GENERAL STATEMENT
The OWNER finds it practical and expedient to engaged the ARCHITECT in the process of studying,
programming and analyzing the viability of the project. Thereby, the client has commissioned the
ARCHITECT to perform services other than purely architectural or designing services.
ARTICLE 2 GENERAL SCOPE OF SERVICES
Hereunder are the scope of work to be done by the ARCHITECT, as authorized by the OWNER, for
2.3 Architectural Lighting Layout and Design
2.4 Site Development Planning (SDP)
ARTICLE 3 DETAILED SCOPE OF SERVICES
3.1 ARCHITECTURAL INTERIOR (AI) SERVICES
3.1.a The ARCHITECT develops the design by determining the size and interrelationship of
interior spaces,
laying out the furniture, movables, equipment, built-ins and fixtures to support the required activities,
thus making both the exterior and interior spaces contribute to the total concept.
3.1.b The plans and designs the architectural interiors (AI) of buildings such that they contribute to
the physical, visual, intellectual and emotional comforts of the intended end-users.
3.1.c The ARCHITECT shall investigate, identify and document the requirements of the client,
for his needs and use in the design of this project.
3.1.d As such a specialist, the Architect:
3.1.1 Prescribes space plans, stacking diagrams / sections and computations of areas for
the different activities and spaces to be integrated in a building project.
3.1.2 Lays out and prescribes furniture / built-ins / equipment for the project and prepares
specifications of AI components including all floor / wall / ceiling finishes, doors and
partition systems, hardware, modular or ready-assembled furniture pieces/ systems,
equipment, furnishings, built-ins, fixtures, signages and graphic devices, etc.
3.1.3 assists the Client in conducting bids or negotiations with General Contractors,
subcontractors and suppliers of building materials, furniture, equipment, fixtures, etc.
3.1.4 checks and approves samples of materials and shop drawings of AI components.
3.1.5 reviews and approves billings of AI components.
3.1.6 conducts final inspection and approves installed AI components and related items.
3.2 ACOUSTIC DESIGN SERVICES
3.2.a The Architect is the prime professional commissioned by the Owner/Client to plan and
design the building/structure and all its utilities and to coordinate the works of all allied design
professionals involved in the project including all inter-disciplinary and specialized works. He shall
make certain that these inputs comply with the requirements of the project and are compatible with
the architectural design concept.
3.2.b As a specialist for acoustic design, the ARCHITECT:
3.2.1 prepares the drawings and specifications for acoustic design and treatment, sound
control and reinforcement, sound absorption, reflectance, insulation, etc.
3.2.2 assists the Owner/ Client in bidding out the work or in negotiating with a specialty
subcontractor
3.2.3 checks and approves samples of materials and equipment
3.2.4 conducts final inspection of work and equipment
3.2.5 assists Owner/ Client in evaluating the amount due the sub-contractor.
3.3 ARCHITECTURAL LIGHTING LAYOUT AND DESIGN
3.3.a The Architect is the prime professional commissioned by the Owner/Client to plan and
design the building / structure and all its utilities and to coordinate the works of all allied design
professionals involved in the project including all inter-disciplinary and specialized works. He shall
make certain that these inputs comply with the requirements of the project and are compatible with
the architectural design concept.
3.3.b As a specialist for lighting layout and design, the Architect :
3.3.1 prepares the drawings and specifications for lighting design, illumination, fixture placement,
efficiency, energy considerations, etc.
3.3.2 assists the Owner/ Client in bidding out the work or in negotiating with a specialty subcontractor
3.3.3 checks and approve samples of materials and fixtures
3.3.4 conducts final inspection of work and fixtures
3.3.5 assists Owner/ Client to evaluate the amount due the sub-contractor
3.4 SITE DEVELOPMENT PLANNING (SDP) SERVICES
3.4.a The Architect, upon designing a building / structure, complements this with the design of
the surroundings that will make the space fit for a specific mood and for the required activities. He
lays out the open spaces in and around the structure such that they contribute to the totality of the
project.
3.4.b In order to achieve a well-balanced design of the environment enveloping a specific
building /structure, the Specialist Architect:
2.2.1 conceptualizes the entire site development plan (SDP) including the generic scope of
civil works and the general scope of softscape and hardscape requirements.
2.2.2 conceptualizes the specifications for the needed civil works and utility lines.
2.2.3 assists the Owner/Client in bidding out the work or negotiating with landscape,
waterscape, rock formation contractors, etc., but mainly when no SC is available.
ARTICLE 4 ARCHITECT’S FEE AND MANNER OF PAYMENTS
4.1 That the OWNER agrees to pay the ARCHITECT a lumpsum compensation package of the
above mentioned services of P_______________ or on a compensation computed on P
_______per man hour plus a multiplier of _______, to cover for the overhead on every technical man
hour expended on the project.
4.2 That the payment to the ARCHITECT/S are as follows:
4.2.a (Peso in words) (P ___________) upon signing of this agreement.
4.2.b That the OWNER agrees to make partial payments upon request of the ARCHITECT.
4.3 The Fees and manner of payments to the ARCHITECT shall be based in accordance with the
documents published by the United Architects of the Philippines (UAP) Architect’s National Code :
Standards of Professional Practices under UAP Document 208 “Selection of the Architect and
Method of Compensation.”
ARTICLE 5 THE OWNER’S RESPONSIBILITIES
5.1 Provides the Architect with full information regarding the requirements of the Project, a
reproduction copy of the Torrens Title of the land and a copy of the topography of the site.
5.2 Be responsible and make certain the availability, programming and allocation of funds for the
payment of services to the Architect and his Consultants.
ARTICLE 6 ESTIMATES
Any statement of probable project construction cost or any cost estimate submitted by the Architect is
normally within the acceptable range of accuracy. However, there can be no finality of cost because
of factors that the Architect has no control of, such as the fluctuation of cost of labor and materials,
bank interest rates and inflation rate and political situation in the locality and the many factors that go
into competitive bidding. Furthermore, a substantial gap between the date of submission of the
estimate and the date of implementation of the project may affect the cost due to change of cost of
materials and labor.
ARTICLE 7 OWNERSHIP OF DOCUMENTS AND PROTECTION OF INTELLECTUAL
PROPERTY
7.1 Pursuant to the principle and spirit in the enactment of Presidential Decree No. 49 on the __________________________________ __________________________________
Protection of Intellectual Property dated November 14, 1972, the Work of architecture; ornamental OWNER ARCHITECT
design; maps, plans, sketches and charts; scientific and artistic work as the creative conceptual
designs indicated or projected in the drawings and/or models or reports are and shall remain the
property of the Architect.

7.2 Republic Act 545 Section 24. (4), stipulates that all designs, drawings, specifications and
copies thereof, prepared by the Architect as instruments of service, are the property and documents
of the Architect whether the work for which they are made may be executed or not, and it shall be
unlawful for any person to copy, duplicate said documents for use on other works except by written
consent of the Architect or author of said documents and the Architect properly compensated for it.

7.3 If the Owner would desire to have a copy of the Drawings on reproducible film or paper Signed in the Presence of:
(sepia) or copies of photographs, slides, video and film cups, etc., the Owner shall pay for the cost of
said reproducible copies on his own account and in no case shall it be reproduced or to be used on
other works except by written agreement with the Architect, and the Architect properly compensated
for it. __________________________________ __________________________________

ARTICLE 8 SUCCESSORS AND ASSIGNS

The Owner and the Architect each bind themselves, their partners, successors, legal representatives,
and assigns to the other party to this Agreement and to the partners, successors, legal
representatives and assigns of such other parties in respect to covenants of this Agreement. Except
as specified, neither the Owner nor the Architect shall assign, sublet, or transfer their interest to this
Agreement without the written consent of the other.
ARTICLE 9 ARBITRATION
All questions in dispute under this Agreement shall be submitted to arbitration as per Executive Order
1008 dated February 4, 1985 otherwise known as the “Construction Industry Arbitration Law”.
Republic of the Philippines
City of _______________
Before me, a Notary Public in and for the City of ___________ personally appeared Mr.
__________ with Residence Certificate no. ____________ on _______, 2000 at _______________
City and Architect _________________ with Residence Certificate no. ________________ issued at
__________ City on ________, 2000, both known to me and to me known to be the same person
who executed 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 _______
day of ________ 2000 in the City of __________, Philippines.

THE PARTIES TO THIS AGREEMENT HEREBY AGREE TO THE FULL PERFORMANCE OF THE ________________________
COVENANTS CONTAINED HEREIN AND PRAY FOR THE GUIDANCE OF THE LORD FOR A
SUCCESSFUL COMPLETION OF THE PROJECT. Notary Public

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 right-hand margin of all the other
pages of this

Agreement by: by:

 DESIGN-BUILD SERVICES BY ADMINISTRATION CONTRACT
2. Gathers relevant information and data leading to the definition of the
KNOW ALL MEN BY THESE PRESENTS: requirements of the project, including the scope of the Architect’s services.
3. Reviews and refines the owner’s space requirements and
This CONTRACT is being executed this 10th of September 2021, by and between: translates them into an architectural program.
4. Prepares an initial statement of probable construction cost.
Mr. Juan Dela Cruz, of legal age, single/married, Filipino, and with postal address at #1, 2nd Avenue, ii. Schematic Design Phase. This phase consists of the preparation of schematic design
Cubao, Quezon City, (hereinafter referred to as the “Owner”) studies derived from the Project Definition Phase, leading to conceptual plans. The Architect:
1. Evaluates the Owner’s program, schedule, budget, project site
and and proposes methods of project deliveries.
2. Prepares the initial line drawings representing design studies leading to a
Arch. Jose Delos Santos, an architect and a licensed contractor, duly authorized by law to practice recommended solution, including a general description of the project for approval by the
Architecture and to engage in construction services in the Philippines, and with business address at Owner.
#53 Sct. Rallos, Quezon City, (hereinafter referred to as the 3. Submits to the Owner a Statement of the Probable Project Construction Cost
“Architect” (SPPCC) based on current cost parameters.
iii. Design Development Phase. Based on approved schematics and conceptual plans, the
WITNESSETH: Architect prepares:
1. The Design Development documents consisting of plans, elevations, sections
Whereas, Mr. Juan Dela Cruz, is a registered owner of a lot, five hundred (500) sqm in area, located and other drawings,
at #3, Sta. Rosa Road, Tagaytay City, and particularly described in TCT No. 2. 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
“Transfer Certificate of Title No. 000-000000000 Registry of deeds for Tagaytay City” and communications systems.
3. Diagrammatic layout of construction systems, and
Whereas, Mr. Juan Dela Cruz has engaged with and availed the services of Arch. Jose Delos Santos 4. An updated SPPCC for submission to the Owner.
for the provision of Design-Build Services by Administration of a two (2) storey residential structure iv. Contract Document Phase. Based on the approved Design Development Documents, the
with roof deck (hereinafter referred to as the “Project”); and Architect:
1. Prepares the complete Contract Documents consisting of detailed designs and
Whereas Arch. Jose Delos Santos had agreed and has obliged himself to provide Mr. Juan Dela construction drawings, setting forth in detail the work required for the architectural,
Cruz a Design-Build Services by Administration. structural, electrical, plumbing/ sanitary, mechanical, electronic and communication works
prepared by the Architect and the respective professionals involved.
NOW THEREFORE, for and in consideration of the total sum equivalent to SEVENTEEN PERCENT 2. Prepares Technical Specifications describing type and quality of materials, finish,
(17%) of the Project Construction Cost, and of the covenants hereinafter set forth, the parties agree manner of construction and the general conditions under which the project is to be
to the following terms and conditions constructed.
3. Submits to the Owner seven (7) sets of all construction drawings and technical
1. Architects Obligations. The Architect obliges himself to provide a detailed architectural specifications for purposes of obtaining a building permit.
design and normal basic engineering design services for structural, plumbing, electrical, and 4. Updates the SPPCC based on changes in scope, requirements or market
mechanical systems: conditions.
5. Assists the Owner in filing the required documents to secure approval of
a. Design government
i. Project Definition Phase. This phase involves the definition of the 6. Authorities having jurisdiction over the design of the Project.
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, b. Construction
the Architect: i. Construction Phase. In this phase, the Architect, in his capacity as an
1. consults with the Owner to ascertain the conceptual framework and Administrator and as a Contractor, performs the following:
related requirements of the project and confirms such requirements with him.
 1. Preparation of schedule of work, program and estimates of materials, labor, i. Promptly pay for all costs for labor and materials during construction. A revolving
transportation, equipment and services as reference for the construction. fund shall be given to the Architect beforehand and is accounted for and subject to periodic
2. Organization and hiring of construction personnel, designation of duties and auditing by the Owner. The Architect does not advance any money for payment of
remunerations expenditures connected with the work.
3. Negotiation and entering into contract with piecework contractors and evaluation ii. Pay for the cost of all permits and licenses required and incidental for the
of work accomplishments construction of the project.
4. Procurement of materials, plants and equipment, licenses and permits
5. Authorizing and undertaking payments of accounts 3. Work Schedule. The duration of the Works of the Architect shall be divided as follows:
6. Keeping records and books of accounts
7. Negotiation with Government and private agencies having jurisdiction over the a. Design
project; and i. Schematic Design Phase, for two (2) weeks, exclusive of review and approval by
8. Management of all other business transactions related to the project construction the Owner.
/ implementation. ii. Design Development Phase, for three (3) weeks, exclusive of review and
9. Further, while acting in his capacity as a Contractor, the Architect, nonetheless, approval by the Owner.
shall disclose whenever required, any business investment or venture that may tend to iii. Contract Documents Phase, for four (4) weeks, exclusive of review and approval
create a conflict of interest, and ensure that such conflict neither compromises the by the Owner.
legitimate interest of the Owner nor interfere with his duty to render impartial judgment.
b. Construction
2. Owner’s Obligations. The Owner obliges himself to perform the following: i. Construction Phase, for thirty two (32) weeks, commencing after seven days
from the date of issuance of the Building Permit.
a. Design
i. Provide full information as to his requirements for the Project. 4. Professional Fee. The Architect’s Fee shall be Seventeen Percent (17%) of a mutually
ii. When necessary, designate a representative authorized to act on his behalf. agreed upon Project Construction Cost.
iii. 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 a. The Professional Fee shall be broken down as follows:
Owner should issue orders to the General Contractor only through the Architect. i. Ten Percent (10%) for the Design Services during the Design.
iv. Furnish or direct the Architect to obtain at his expense, a certified survey of the ii. Seven Percent (7) for the Administration Services during the
site, giving, as may be required, topographical and/or relocation surveys covering grades Construction.
and lines of streets, alleys, easements, encroachments and related information,
boundaries, with dimensions and complete data pertaining to existing buildings, structures, b. During the Design, the Architect shall be paid by the Owner for the Design
trees, plants, water bodies, wells, excavations / pits, etc. and other improvements and full Services in the following manner:
information as to the available utility / service lines both public and private; zoning i. Upon signing of this Contract, an amount equivalent to five percent
compliances, clearances, deed/s of restrictions, encumbrances and annotations to titles, (5%) of the agreed Professional Fee shall be paid by the Owner as engagement
association guidelines and standards, and soil investigations / tests, borings and test pits fee or acceptance fee.
necessary for determining soil and sub-soil conditions. ii. Upon completion and submission of the documents under Schematic
v. Promptly pay for architectural and all other engineering and allied services Design Phase, but not more than fifteen (15) days after submission of the
required for the project. documents to the Owner, the Owner shall pay the Architect a sum equal to fifteen
vi. Pay for the design and consulting services on acoustic, communication, percent (15%)of the Professional Fee.
electronic, and other specialty systems which may be required for the project. iii. Upon completion and submission of the documents under Design
vii. Pay for all reimbursable expenses incurred in the project and all taxes including Development Phase, but not more than fifteen (15) days after submission of the
VAT (but not including income tax) that the government may impose on the Architect as a documents to the Owner, the Owner shall pay the Architect a sum equal to
result of the services rendered in his capacity as Architect on the project. twenty percent (20%) of the Professional Fee.
iv. Upon completion and submission of the documents under Contract
b. Construction Document Phase, but not more than fifteen (15) days after submission of the
 documents to the Owner, the Owner shall pay the Architect a sum equal to sixty
percent (60%) of the Professional Fee.
c. During the Construction, the Architect shall be paid by the Owner for the
Administration Services in the following manner:
i. By progress billing, proportional to the proportional to the percentage of
progress of completion of the construction work
5. Construction Fee (or Project Construction Cost (PCC)). The Architect, in his capacity as a
Contractor, shall construct the project based on the PCC submitted after the Contract Documents
Phase..
a. Project Construction Cost shall mean the amount of the completed building to the
Owner, including the structure, plumbing/sanitary and electrical fixtures, mechanical
equipment, fire protection 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 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.
b. During the Construction, the Architect, in his capacity as a Contractor, shall be
paid by the Owner in the following manner:
i. Thirty Percent (30%), as initial payment, which amount, shall serve as
the revolving fund of the Architect and as a fixed amount to be replenished by the
Owner every Progress Billing, until the completion of the construction work.
ii. Progress billing which will be done monthly, or as promptly as deemed
necessary.
6. Legal Interest
a. When the Owner fails to make any payment within fifteen (15) days after they
become due, there shall be imposed a legal interest of six percent (6%) on the amount
due.
7. Change Orders
a. During the Design, 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.
b. During the Construction, any additional professional services due to the changes
ordered by the Owner, shall, in addition to the amount in the previous section, incur fees
corresponding to the Architect’s Administration services.
c. Notwithstanding the foregoing, during the Construction, the Owner shall be liable
for the additional costs in the PCC due to changes ordered.
8. Owner-Supplied Materials (OSM)
a. Owner-Supplied Materials shall refer to the items to be furnished by the Owner
during Construction. Such fact shall be made known to the Architect at any time prior to the
purchase of the item. Corresponding labor cost shall be charged to the Owner.
b. OSMs delivered to the site shall be inventoried, and the conditions of which shall
be verified by the Owner.
9. Substitutions
a. During Construction, the Architect, in his capacity as both an Administrator and a
Contractor, may propose alternative items in lieu of the original, which may only be
implemented with the approval of the Owner.
b. Regardless of the amount of the substitute item, corresponding adjustment to the
PCC shall be made.
10. Protection of Work and Property
a. The Architect, in his capacity as Contractor, shall put up and shall continuously
maintain adequate protection of all his work from damage and shall protect the Owner’s
property, as well as all materials furnished and delivered to him by the Owner.
b. The Architect shall adequately protect the adjacent property/s as required by law.
c. The Architect shall likewise take all necessary precautions for the safety of
employees and workmen on the work, and the comply with all applicable provisions of city,
municipal and national safety laws and building codes and all government rules and
regulations, to prevent injury to persons on about or adjacent to the premises where work
being performed.
11. Work Suspension or Abandonment
a. During the Design, if the work of the Architect is abandoned or suspended in
whole or in part, the Owner shall pay the Architect for the services rendered corresponding
to the amount due at the stage of suspension or abandonment of the work.
b. Once the Architect has prepared all these documents, the Architect has
completed the Detailed Design and Contract Documents Phase of his services, which is
equivalent to ninety percent (90%) of his work, regardless whether the project is
constructed. When the Owner therefore 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 ninety percent (90%) of the Architect’s fee.
c. During the Construction, if the Owner abandons or suspends the project, in
whole or in part, the Owner shall pay the Architect for the administration services rendered
proportional to the percentage of progress of completion.
d. Notwithstanding the foregoing, during the Construction, the Owner shall be liable
for the costs of materials and labor actually acquired and rendered.
12. Different Periods of Construction
a. 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
Administration 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.
b. On the other hand, the Architect shall adjust the PCC if the suspension of
construction exceed a period of six (6) months upon the instance of the Owner.
13. Project Delay
a. During the Construction, if the Architect, in his capacity as a Contractor, failed to
complete the Project within the agreed Schedule due to his fault or negligence, he shall be
liable to indemnify the Owner of liquidated damages at the rate ten percent (10%) of one
percent (1%) of the amount indicated in the PCC for every day of delay. The Owner shall
be entitled to deduct any liquidated damages due from any amount due or that may
become due to the Architect, in his capacity as a Contractor, or his surety.
14. Force Majeure (Fortuitous Event)
a. Neither party shall be responsible nor be held liable for failure to comply with
respective obligations, for those events which could not be foreseen, or which, through
foreseen, where inevitable. It includes act of God, i.e. earthquakes, storms, floods,
epidemics, fires, etc. It also includes act of man, i.e. armed invasion, attack by bandits,
governmental prohibitions, robbery, etc.
b. Notwithstanding the foregoing, force majeure does not apply when there is fraud,
negligence, delay, or violation of the Contract prior to, or concurrent with, the fortuitous
event.
15. Defect in Workmanship
a. Defect is a condition of any item or work which destroys or lessens its value or
fitness for its ordinary or stipulated use. It does not cover the normal wear and tear of the
item or work, nor its natural and reasonable breakdown.
b. During the Construction, but before the final acceptance of the work, the Client
may condemn any defective items or works, which the Architect, in his
capacity as a Contractor, shall immediately remove, replace and/or redo in accordance
with the approved design. If the Architect fails or refuses to comply with this obligation, the
Owner may have the defect removed and replaced, at the Architect’s cost.
c. Acceptance of the item or work by the Owner relieves the Architect of liability for
any defect, unless the defect is hidden. If the defect is hidden, the action to rectify the
same must be brought up within six (6) months, unless when there is fraud.
d. On the other hand, if the defect is on the material furnished by the Owner, or is
due to the orders of the Owner, without any fault on the part of the Architect, in his capacity
as a Contractor, then the Architect has a right to claim for payment to the work required to
be done and for any reimbursement for the expenses made.
16. Completion of Work
a. Upon substantial completion of the construction work, the Architect, in his
capacity as Administrator, shall inspect the completed work. Substantial completion shall
mean that the value of the work completed shall not be less than ninety eight percent
(98%) of the amount in the PCC, and that the remaining unfinished work shall be of a minor
nature only. The Architect shall issue a Certificate of Substantial Completion in respect to
the completed work.
b. The Certificate shall contain an undertaking by the Architect, in his capacity as a
Contractor, to finish the remaining outstanding work within a period of not more than sixty
(60) calendar days counted from the date of the issuance of the Certificate of Substantial
Completion to the Owner.
c. All claims for rectifications of defects must be made within six (6) months from
the date of acceptance of the Work.
17. Project Termination
a. Any party may terminate this Contract, upon fifteen (15) days written notice, in
the event that one of the parties fail to perform, in whole or in part, any of the obligations
stipulated in this Contract, without prejudice to the remedies available to the parties by law.
18. Liability Insurance
 a. The Architect, in his capacity as a Contractor, shall secure and maintain an
insurance from an insurance company acceptable to the Owner as will protect himself, his Republic of the Philippines )
sub-contractors, and the Owner from claims for bodily injury, death or property damage Quezon City )
which may arise from construction works stipulated under his Contract.
Before me, this 10th of September, 2021, in Quezon City, personally appeared :
19. Copyright or Ownership of Documents
NAME TYPE OF ID/ ID NO. DATE/PLACE ISSUED
a. All designs, drawings, models, specifications and other contract documents and Mr. Juan Dela Cruz Arch. Jose Delos Santos
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 Known to me and to me known to be the same persons who executed the foregoing instrument,
which they were made is executed or not, and are not to be reproduced or used on other consisting of 10 page, including the page on which this acknowledgement is written, and who
work except with a written agreement with the Architect acknowledged to me that the same is their free act and deed.

20. Arbitration In witness whereof, I have set my hand and affixed my notarial seal.

a. Any dispute, controversy, difference or claim arising out of or in relation to this

Contract, including any question as to the interpretation, implementation, existence,
validity, breach or termination thereof or as to any non-contractual obligation arising out of
or relating thereto, shall be referred to and finally resolved by arbitration, as an alternative NOTARY PUBLIC
mode of settling disputes.
Doc. No. Page No. Book No. Series of.
21. Severability

a. If any provision of this Contract or the application thereof to any person or

circumstance shall, to any extent, be invalid or unenforceable, the remainder of this
Contract, and the application of such provision to persons or circumstances other than
those to which it is held invalid and unenforceable, shall not be affected thereby, and each
provision of this Contract shall be valid and enforced to the fullest extent permitted by law.

IN WITNESS WHEREOF, we have hereunto set our hands this 10 September 2021.

Signed:

(sgd)
Mr. Juan Dela Cruz Client

(sgd)
Arch. Jose Delos Santos Architect

Witnesses

ACKNOWLEDGMENT:
 4.1 Architectural Drawings and Details
4.2 Structural Drawings and Details
4.3 Electrical Drawings and Details
4.4 Sanitary and Plumbing Drawings and Details
4.5 Mechanical Drawings and Details if required
4.6 Specifications
4.7 Budgetary Cost Estimates
5. Periodic visits of Construction.
(Note: 8-hour of full time supervision or construction management is not included but may
Project: “Proposed Four (4) Storey Commercial Building” be under separate contract)
Location: Balanga City, Bataan
II. ARCHITECT’S FEE:
The project is a “FOUR (4) STOREY COMMERCIAL BUILDING”, located at Balanga City, Bataan.
This agreement made and entered into this 17th day of March The Architect will furnished, labor and materials for the complete construction of a proposed project.
Two Thousand and Fourteen by between: As agreed in the contract by both parties, the project will be liable, elegant finished and a modern
design as per specification of materials of this contract. The total floor area is 312.00 square meters.
ROBERT O. AGUILAR The project contract amount is P7, 176,000.00.

OWNER Computation:
Total area: 312.00 sq.mts
Address: _____________ Bataan Peninsula State University___________ Multiplier: P23, 000.00/sq.mts (labor+materials)
312.00 x P23, 000.00=
MARICAR M. SARMIENTO P7, 176,000.00 – Estimated or Probable cost ( Contract sum)

ARCHITECT Note:
(This includes Architect’s supervision and professional fees, mobilization and other overhead
PRC (ID No.) 11-01010 expenses. )
Address: BSAR-3A
Mobile No. 09209741248 The Owner agrees to pay the Architect in accordance with the Architect’s National Code (UAP Doc.
202) a basic fee of P717, 600.00 percent (10%) of the total estimated project construction cost.
However, the fee shall be adjust up or down based on the final construction cost.
It is agreed that the following are the scope of work of the Architect to do the Post Construction
Services of the Four (4) Storey Commercial Building. The following are the services to be performed III. MANNER OF PAYMENT:
by the Architect: 1. Upon signing of this Agreement, the Owner-Client shall pay the Architect in the following
manner;
a. Building and Equipment Maintenance
b. Building and Ground Administrations Payment Schedule:
c. Post-Construction Evaluation
a. 5% Upon Signing of Agreement ____________________________________ P35, 880.00
I. GENERAL SCOPE OF ARCHITECTURAL SERVICES: b.15% Upon completion of Schematic Design Service____________________ P71, 760.00
The ARCHITECT/S shall perform professional services, which shall consist generally of the following: c. 35% Upon completion of Design Development Services________________ P143, 520.00
1. Preliminary services include conferences with the client and inspection of building site. d. 85% Upon completion of Contract_________________________________ P358, 800.00
2. Schematic design based on the requirements/needs of the OWNER. note: (Upon completion of the construction work, the balance of Architect’s fee computed on the
3. Preparation of Final Design Development drawings including perspective. final construction cost of the structure shall be paid.)
4. Preparation of Contract Documents consisting of the following:
Upon request of the Architect, the Owner agrees to make partial payments during each of the various
stages of work, provided that such payments are within the framework of the payments outlined
above.
IV. DELAYED PAYMENT:
Any payment due the Architect beyond 30 days from receipt of billing shall bear 2% interest per
month.
V. DATA REQUIRED FROM THE OWNER:
All technical description of property, duly certified lot and vicinity plans, contour maps etc. at a
convenient scale and other relevant date will be furnished by the Client/Owner so that the design of
the project can start immediately.
7. Pay for all reimbursable expenses incurred in the project as called for in Section 6 “Other
Conditions on Services” and all taxes (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 an individual practitioner, as a partnership or as a corporation.
8. 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 thereof to the Architect.
IX. OWNERSHIP OF DOCUMENTS:
Contract documents shall remain the property of the Architect in accordance with Republic Act No.
9266 otherwise known as “The Architecture Act of 2004” and the Intellectual Property Code of the
Philippines whether the design is executed or not. Additional copies when required will be for
account of the Owner.
Very truly yours, Conforme,

VI. CHANGES AND/OR REVISIONS:

Any changes and/or revisions requested by the owner after approval of final design shall be MARICAR M. SARMIENTO ROBERT O. AGUILAR
subjected to compensation agreed by both parties but not less than man hour time charges plus Architect Owner-Client
materials used times a factor of 2.5. ___________________________ _________________________
Date Date
VII. EXTRA SETS OF CONTRACT DOCUMENTS:
The Architect shall furnish the Owner five (5) sets of Drawing, Specifications and other contract
documents. Cost of printing or reproduction of extra sets of Contract Documents when required by
the Owner or his representative is to be charged to and paid by the owner.

VIII. OWNER’S RESPONSIBILITIES:

1. Provide full information as to his requirements for the project.
2. Designate when necessary, representative authorized to act in his behalf. Examine documents
submitted by the Architect and render decisions pertaining there to promptly, to avoid unreasonable
delay in the progress of the Architect’s work. Observe the procedure of issuing orders to contractors
only through the Architect.
3. Furnish or direct the Architect to obtain at the Owner’s expense, a certified survey of the site,
giving, as may be required, topographical surveys, grades and lines of streets, alleys easements,
encroachments, zoning and deed restrictions, boundaries with dimension and complete data
pertaining to existing building, and other improvements and full information as to available utility
service lines, both public and private; and test boring and pits necessary for determining sub-soil
conditions.
4. Pay for structural, acoustical, chemical, mechanical, soil mechanics or other test and reports as
may be required for the project.
5. Pay for design and consultancy services on acoustic, communication, electronics and other
speciality systems which may be required for the project.
6. Arrange and pay for such legal, auditing and insurance counselling services as may be required
for the project.
 Project: “Proposed Subdivision with Commercial Building”
Location: Balanga City, Bataan
This agreement made and entered into this 17th day of March
Two Thousand and Fourteen by between:
ROBERT O. AGUILAR
OWNER
Address: _____________ Bataan Peninsula State University___________
MARICAR M. SARMIENTO
ARCHITECT
PRC (ID No.) 11-01010
Address: BSAR-3A
Mobile No. 09209741248
It is agreed that the Architect is hired by the Owner as a Project Manager in the Proposed
Subdivision with Commercial Building. As such the Architect will work the Comprehensive
Architectural Services as mentioned bellow:
I. SCOPE OF WORK
1. Plan, Program and Monitor the various activities of the project and act as adviser
material cost and construction methods.
2. Exercise overall cost control
3. Enter regular consultation with Architects, Engineers and Owner on all aspects of
planning for the project during Pre-Construction phase. Pre-bid management service might
include.
4. Advice the Owner and Architect on practical consequences of their decision and their
design options. Review drawings and specifications, Architectural and Engineering for the
purposed of advising on site conditions, appropriate materials alternates, construction
feasibility, possible design and cost implication of local availability of materials and labor.
5. Prepare periodic cost evaluations and estimates related to the overall budget and to
the preliminary allocations of the budget to the various systems.
6. Recommend for early purchase of those specified items of equipment and materials
that require a long lead time for procurement and delivery and expedite and purchases in
general
7. Advise on the pre-packing of bidding documents for the awarding.
8. Check bid packages drawings and specifications.
9. Consider the type and scope of work represented by each bid package
10. Review all contract documents
11. Conduct pre-bid conferences among contractors
12. Manage work on Construction Phase of the project
II. LEGAL RESPONSIBILITY:
Based on the civil code, the project manager has no legal responsibility in so far as design
and construction is concerned. It is still the Architect and Design Engineers who are responsible for
thedesign, while the Contractor is solely responsible for his construction. It is for this reason that the
construction manager and the project manager are not allowed to interfere in the field of design and
construction as this may be construed as relieving the designers and Contractors of responsibilities
as provided by law.
III. ARCHITECT’S FEE AND MANNER OF PAYMENT:
The Architect as Project Manager hired by the Client on this project will be paid and
compensated on a Percentage Basis of 5% of estimated project cost.
Total project cost _________________________
5% of Project Cost ______________________________________________
IV. ARCHITECTS RESPONSIBILITY:
4.1 The Architect shall perform all services specifically allocated to it by the Contract
Agreement necessary for completion of the research. The Architect agrees to perform
these services using its best efforts, skills, judgments and abilities.
4.2 The Architect shall establish procedures for communication and coordination
among the Project Team and others with respect to all aspects of the study of the Project,
and implement such procedures.
4.3 The Architect shall establish and maintain a numbering and tracking system for
all Project records, including changes, requests for information, submittals, and
supplementary instructions and shall provide updated records at each Owner’s meeting
and when requested.
4.4 The Architect shall perform its services consistent with the professional skill and
care ordinarily provided by Architects practicing in the same or similar locality under the
same or similar circumstances. The Architect shall perform its services as expeditiously as
is consistent with such professional skill and care and the orderly progress of the research
4.5 Except with the Owner’s knowledge and consent, the Architect shall not engaged
in any activity, or accept any employment, interest or contribution that would reasonably
appear to compromise the Architect’s professional judgment with respect to this project.
 4.6 The Architect shall maintain the following insurance for the duration of this
Agreement. If any of the requirements set forth below exceed the types and limits the
Architect normally maintains, the Owner shall reimburse the Architect for any additional
cost. The parties to this Agreement hereby agree to full performance of the covenants contained herein.

4.7 After the study the Architect must submit all his research to the client. 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.

V. OWNER’S RESPONSIBILITY:
5.1 The Owner shall provide full information as to his requirements for the project.
5.2 The Owner must submit to the Architect all the documents that the Architect
might need in the process of the study.
5.3 Designate when necessary, representative authorized to act in his behalf.
Examine documents submitted & services rendered by the Architect likewise to render Very truly yours, Conforme,
decisions pertaining thereto promptly, to avoid wasting of time and to come up to a good MARICAR M. SARMIENTO ROBERT O. AGUILAR
and approved results. Architect Owner-Client
___________________________ _________________________
VI. SUCCESSORS AND ASSIGNS: Date Date

The Owner and the Architect each binds himself to an Agreement, and as stated, neither
the Owner nor the Architect shall assign, or transfer his interest in this Agreement without
the written consent of the other.

VII. ARBITRATION:

All questions in dispute under this Agreement shall be submitted in accordance with the
provisions of R.A. No. 9285,otherwise known as the Alternative Dispute Resolution (ADR)
Act of 2004 and as provided for under E.O. No.1000, governing Construction (and
Consulting) Industry Arbitration, as well as the applicable provisions of the New Civil Code.
In case of any dispute concerning this Agreement, the Parties may negotiate following the
allowable number of days. The exclusive venue of such Alternative Dispute Resolution
shall be the CIAC Office at corners Sen . Gil Puyat Ave. and Makati Ave. in Makati City,
PH.
 Project: “Proposed Subdivision with Commercial Building”
Location: Balanga City, Bataan III. LEGAL RESPONSIBILITY:
The Construction Supervision Group is responsible to the Owner on administrative matters.
On
This agreement made and entered into this 17th day of March technical matters he is responsible to the Architect and the design Engineers. He does not
Two Thousand and Fourteen by between: have and legal
responsibility as far as the present civil code is concerned. It is still the Architect and the
ROBERT O. AGUILAR Design Engineer
who are responsible for their design while the contractor is responsible for his construction
OWNER work.

Address: _____________ Bataan Peninsula State University___________ IV. CONTRACT AMOUNT AND MANNER OF PAYMENT:
The services of the Architect as a Full time supervisor will be paid by the Owner by
MARICAR M. SARMIENTO Percentage Fee Method which is 1.5% of the project construction cost.
Project Construction Cost________________________
ARCHITECT 1.5% of Construction Cost__________________________________________________

PRC (ID No.) 11-01010 The Owner agrees to make partial payments each of the various stages of the Architect’s services,
Address: BSAR-3A upon request of Architect, provided that such payments are within the framework of the manner of
Mobile No. 09209741248 payments outlined above.

It is agreed that the following are the scope of work of the Architect as a FULL TIME SUPERVISOR
in the Proposed Subdivision with Commercial Building.
I. SCOPE OF SERVICES:
1. Interpret drawings and documents for compliance by the contractor.
2. Assign his staff to undertake the full time supervisory work and perform the following
a. Quality Control of work
b. Evaluation and Construction work
c. Keeping of records, reports and contract documents
d. Conduct regular coordination meetings with the Owner, Consultant, Engineer and
Contractor
e. Attend conferences called by the Owner or the Architect/Engineer-Consultant
f. Accompany the Owner, the Architect/Engineer-Consultant or their representative(s), and
government inspectors during their visits to the project.
II. LIMITATION OF AUTHORITY:
1. The construction supervision group shall not enter into the field of responsibility of the
contract’s
project superintendent.
2. He shall not make decisions on matters that are the sole responsibility of the Architect
and/or
Design Engineer.
VI. ARCHITECTS RESPONSIBILITY:
a. The Architect shall perform all services specifically allocated to it by the Contract
Agreement necessary for completion of the research. The Architect agrees to perform
these services using its best efforts, skills, judgments and abilities.
b. The Architect shall establish procedures for communication and coordination
among the Project Team and others with respect to all aspects of the study of the Project,
and implement such procedures.
c. The Architect shall establish and maintain a numbering and tracking system for
all Project records, including changes, requests for information, submittals, and
supplementary instructions and shall provide updated records at each Owner’s meeting
and when requested.
d. The Architect shall perform its services consistent with the professional skill and
care ordinarily provided by Architects practicing in the same or similar locality under the
same or similar circumstances. The Architect shall perform its services as expeditiously as
is consistent with such professional skill and care and the orderly progress of the research
e. Except with the Owner’s knowledge and consent, the Architect shall not engaged
in any activity, or accept any employment, interest or contribution that would reasonably
appear to compromise the Architect’s professional judgment with respect to this project.
 f. The Architect shall maintain the following insurance for the duration of this
Agreement. If any of the requirements set forth below exceed the types and limits the
Architect normally maintains, the Owner shall reimburse the Architect for any additional
cost. The parties to this Agreement hereby agree to full performance of the covenants contained herein.

g. After the study the Architect must submit all his research to the client. 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.
VII. OWNER’S RESPONSIBILITY:
7.1 The Owner shall provide full information as to his requirements for the project.
7.2 The Owner must submit to the Architect all the documents that the Architect
might need in the process of the study.
7.3 Designate when necessary, representative authorized to act in his behalf.
Examine documents submitted & services rendered by the Architect likewise to render
decisions pertaining thereto promptly, to avoid wasting of time and to come up to a good
and approved results. Very truly yours, Conforme,
MARICAR M. SARMIENTO ROBERT O. AGUILAR
VIII. SUCCESSORS AND ASSIGNS: Architect Owner-Client
___________________________ _________________________
The Owner and the Architect each binds himself to an Agreement, and as stated, neither Date Date
the Owner nor the Architect shall assign, or transfer his interest in this Agreement without
the written consent of the other.

IX. ARBITRATION:

All questions in dispute under this Agreement shall be submitted in accordance with the
provisions of R.A. No. 9285,otherwise known as the Alternative Dispute Resolution (ADR)
Act of 2004 and as provided for under E.O. No.1000, governing Construction (and
Consulting) Industry Arbitration, as well as the applicable provisions of the New Civil Code.
In case of any dispute concerning this Agreement, the Parties may negotiate following the
allowable number of days. The exclusive venue of such Alternative Dispute Resolution
shall be the CIAC Office at corners Sen . Gil Puyat Ave. and Makati Ave. in Makati City,
PH.
 Project: “Proposed Subdivision with Commercial Building”
Location: Balanga City, Bataan
This agreement made and entered into this 17th day of March
Two Thousand and Fourteen by between:
ROBERT O. AGUILAR
OWNER
Address: _____________ Bataan Peninsula State University___________
MARICAR M. SARMIENTO
ARCHITECT
PRC (ID No.) 11-01010
Address: BSAR-3A
Mobile No. 09209741248
It is agreed that the Architect is hired by the Owner as a PROFESSIONAL CONSULTING
ARCHITECT in the Proposed Subdivision with Commercial Building. As such the following will be
perform by the Architect for the success of the project.
I. SCOPE OF WORK:
1. He becomes the Architect-of-record for the project
2. Assumes the attendant professional responsibility and civil liabilities consistent with the
provision under valid and subsisting laws.
3. Give independent advice relative to work and the success of the project.
4. Do extension of technical assistance and services.
5. Undertaking activities requiring appropriate knowledge, skills, training and experience
6. Recognized competence, integrity and financial and logistical capability
II. ARCHITECT’S FEE:
The fee for the Consulting Architect chargeable to the Client as agreed with the
corresponding work mention on the scope of work is a Per Diem of Hourly Basis.
Per Diem or Hourly Basis______________________________________P700.00 per Hour
(Note: Expenses for travel and other out-of-pocket expenses incurred while away from his
home/office shall be reimbursed by the Client)
18 hours accumulated consultation time x P700.00 per diem_____________________P12,600.00
III. GENERAL CONDITION
4.1) The architect represent the engineer of this project shall be fully in charged to suspend
all activities on job site in case of bad weather condition. Typhoon signal no. 2 &.3 will automatically
suspend the operation and the owner will be notified immediately regarding this situation.
IV. OWNER’S RESPONSIBILITIES
1. Provide full information as to his requirements for the project.
2. Designate when necessary, representative authorized to act in his behalf. Examine
documents submitted by the Architect and render decisions pertaining there to promptly, to avoid
unreasonable delay in the progress of the Architect’s work. Observe the procedure of issuing orders
to contractors only through the Architect.
3. Furnish or direct the Architect to obtain at the Owner’s expense, a certified survey of the
site, giving, as may be required, topographical surveys, grades and lines of streets, alleys
easements, encroachments, zoning and deed restrictions, boundaries with dimension and complete
data pertaining to existing building, and other improvements and full information as to available utility
service lines, both public and private; and test boring and pits necessary for determining sub-soil
conditions.
4. 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 thereof to the Architect.
V. ARBITRATION
All questions in dispute under this Agreement shall be submitted in accordance with the provisions of
R.A. No. 9285,otherwise known as the Alternative Dispute Resolution (ADR) Act of 2004 and as
provided for under E.O. No.1000, governing Construction (and Consulting) Industry Arbitration, as
well as the applicable provisions of the New Civil Code.
In case of any dispute concerning this Agreement, the Parties may then venture into a negotiation
period for fourteen (14) calendar days, failure of which would authorize any of the parties to engage
in conciliatory discussions (with a neutral 3rd party as an active participant in seeking the resolution
of the dispute) within another 14 calendar days, or to immediately seek mediation or arbitration
modes of ADR under the Construction Industry Arbitration Commission (CIAC), which also handles
disputes concerning professional or consulting services, guaranteeing a resolution of the issues
presented within a six (6) month period, after which the losing party may file a Petition for Review
before the Court of Appeals (CA).
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 other pages of
this Agreement.
Very truly yours, Conform
MARICAR M. SARMIENTO ROBERT O. AGUILAR
Architect Owner-Client
___________________________ ________________________
Date Date

CONSTRUCTION MANAGEMENT SERVICES CONTRACT
PROJECT :
LOCATION :
OWNER/DEVELOPER :
CONSTRUCTION MANAGER :
This AGREEMENT, made and entered into this ____________day of _______________
Two Thousand and _____________________ by and between :
___________________________, 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 __________________________________________________, represented
herein by ____________________________, hereinafter referred to as the OWNER.
- and -
___________________________________, 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 _______________________________________,
represented in this act by _______________________________, hereinafter referred to
as the CONSTRUCTION MANAGER.
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: _________________,
hereinafter referred to as the PROJECT.
WHEREAS, the realm of the professional services of the Architect shall be based on the
document published by the United Architects of the Philippines (UAP) Architect’s
National Code : Standards of Professional Practice.
NOW, THEREFORE, the OWNER and the CONSTRUCTION MANAGER, for and in
consideration of the foregoing premises of the covenants, agreement and stipulation set
forth, do hereby agree as follows:
ARTICLE 1 GENERAL STATEMENT
The OWNER finds it practical and expedient to engaged the ARCHITECT
as Construction Manager on his project.
ARTICLE 2 GENERAL SCOPE OF SERVICES
The general scope of services to be done by the CONSTRUCTION
MANAGER, as herein authorized by the OWNER shall refer to
CONSTRUCTION MANAGEMENT SERVICES for the said project,
guided by the following:
The Construction Manager’s function is to coordinate, supervise the
method quality of the construction and monitor the cost and time involve
in the project.
The Construction Manager‘s role is to plan, program or schedule
construction activities on various construction activities, and approves
methods and systems of construction and to monitor the overall cost
control of the project.
The Construction Manager provides the additional link and coordinated
efforts between the members of the team, and could eliminate many of the
conflicts and resultant expensive change orders due to misunderstanding
to the contractor and owner, which are prevalent in the traditional
construction procedure or methods.
ARTICLE 3 DETAILED SCOPE OF SERVICES
3.1. PRE-CONSTRUCTION PHASE
As early as possible the Construction Manager shall advise on practical
consequences of construction design options of either the Architect and
the Design Engineers. Review architectural and engineering drawings and
specifications, for the purpose of advising on appropriate alternates,
materials construction systems and the possible design cost implications of
local availability of materials and labor.
3.1.a Prepare periodic cost evaluations and estimates related to both the overall
budget and the preliminary allocations of budget to the various systems.
As Construction Manager, he shall advise the Architect / Engineer and
the Owner whenever the refined estimates shows the probability of
exceeding the budget allocation, or whenever the construction time
required for a given system is likely to prolong or delay completion
schedules.
3.1.b With the cooperation of the Architect / Engineer, evaluate the bidder’s
overall PERT/CPM chart as schedule of works based on the time frame.
3.1.c Conduct pre-bid conferences among the Contractors, subcontractors and
manufacturers of systems and subsystems to be sure that all bidders understand the components of
the bidding documents and the management techniques that will be applied including any
computerized intercommunication, network scheduling and cash control.
3.1.d Review all bids for compliance with stipulated conditions and make
recommendations for awards and may, with the concurrence of Architect,
Engineers and Owner, enter into actual awarding process.
3.2. CONSTRUCTION PHASE
In construction phase, the Construction Manager shall coordinate the
implementation of the Project and provide the following services:

3.2.a Revise and refine estimates as construction proceeds and, as required, to
incorporate approved changes as they occur. Monitor estimates and
changes so that neither the schedule nor the budget will be exceeded.
3.2.b Monitor each Contractor’s labor and equipment and require all Contractors
that these labor and equipment are adequate for the Project.
3.2.c Monitors the safety programs developed and implemented by each
Contractor especially those safety provisions for the over-all job as
provided by the general requirements of the Project. Make sure that
Contractors’ are fully aware of their responsibilities or liabilities for
safety and/or property damage.
As Construction Manager, however, he maintains overall administrative
and direct supervision over security personnel assigned in the Project.
3.2.d Supervises quality control of work, including but not limited to, testing
and sampling of materials at site, inspection and testing of structural ,
mechanical, electrical, sanitary/ plumbing systems, inspection of
architectural works and finishes, civil works, etc.
3.2.e Maintain records at the Project Site, like records of all contracts, shop
drawings, samples, purchases, subcontractors, materials and equipment
inventory on Project site, applicable codes and standards, daily time
records, progress reports, change orders, accounting records, records of
payments, field logbook, test results, minutes of meetings and other
correspondences, etc. These records shall be made available to the
Architect-Engineer, and the Owner if and when needed or at the time of
the final payment.
3.2.f Keep accurate progress reports during all stages of the construction.
3.2.g Evaluate and process all applications for progress payments.
3.2.h Advise the Owner to obtain from qualified surveyors such data as certified
records of site conditions, elevations, floor levels, etc., as may be required.
3.2.i Requires Contractors to maintain current set of records, working drawing
and specifications of the Project.
3.2.j Set up joint inspections of the whole project at some specified interval
prior to completion, the inspection to be made by the Construction Manager in company of the
Owner, the Architects and Engineers and other interested parties. This inspections and the final
inspection should be followed by decisions on the part of all concerned as to the most
economical and/or expeditious way of handling a “Punchlist” of incomplete and /or faulty works and
installations.
3.2.k Review, evaluate and certify payments and acceptance of any and all
completed construction works.
3.2.l Prepares and submit final report to the Owner.
3.3 ITEMS EXCLUDED
Excluded in this scope of services are the following:
securing building permits and licenses, liaison with government agencies and public utility
agencies, securing certificate of occupancy, cost of site security, warehousing and maintenance, cost
of advertisements, printing, and copying, cost of testing materials or completed works, and all other
permits and licenses and government requirements and documents.
ARTICLE 4 LIMITATION OF AUTHORITY
4.1 The Construction Manager shall not provide direct supervisory or direct
instructions on the work of the Contractor that may be construed as
relieving the Contractor of his responsibility as provided for in the Civil
Code.
4.2 He shall not impose methods, systems of designs that will substantially
impair the original design concept without prior approval of the Architect
and Design Engineers, if the Owner has already approved such concept.
4.3 He shall not interfere with the Architect’s design if such generates the
necessary environmental and aesthetic quality of the project.
4.4 He shall not make decisions on matters that are the sole responsibility of
the Architect and/or the Design Engineer.
ARTICLE 5 LEGAL RESPONSIBILITY
The Construction Manager has no legal responsibility insofar as the design
and construction is concerned. It is still the Architect and Design
Engineers who are responsible for the design, while the Contractor is
solely responsible for his Construction. It is for this reason that the
Construction Manager is not allowed to interfere in the field of design as
this may be construed as relieving the designers and Contractors of
responsibilities as provided by law.
ARTICLE 6 THE OWNER’S RESPONSIBILITIES
6.1 The Owner shall provide full information as to his requirements for the
Project.
6.2 He shall designate ,when necessary, representatives authorized to act in his
behalf. He shall examine documents submitted for his approval and/or
comment and render decisions pertaining thereto promptly, to avoid
unreasonable delay in the progress of the Project.
6.3 He shall pay for structural, chemical, mechanical, soil mechanics or other
tests and reports as may be required for the Project.
6.4 He shall pay for design and consulting services on structural, geodetic,
electrical, mechanical, drainage, and other specialty systems as may be
required for the Project.
6.5 He shall pay for such legal, auditing, security and insurance services and
taxes as may be required for the Project or by the government.
ARTICLE 7 CONSTRUCTION MANAGER’S FEES AND TERMS OF PAYMENT
That the Owner shall agree to pay the Construction Manager for services rendered, a fee of TWO
PERCENT (2.0%) of the Project Construction Cost, with other payments and reimbursements
hereinafter provided, the said percentage being hereinafter called the Basic Rate. That terms of
payments shall be as follows :
Upon signing of this agreement, a payment of ten percent (10%) of the
Basic Rate, and the remaining balance shall be paid in monthly payments
according to the progress of the works.
ARTICLE 8 PROJECT CONSTRUCTION COST
The cost of the work or the Project Construction Cost as herein referred to,means the cost to the
Owner of the completed structure or the total site development costs plus the housing construction
cost except the Construction Manager’s Fees, cost of land, general overhead cost of the
Owner and other non-construction related cost.
ARTICLE 9 OTHER PROVISIONS
9.1 Should the OWNER hire separately the services of the Consultant, the fee of said Consultant
shall be on the account of the OWNER and paid directly by the OWNER. In such a case, the fee of
the ARCHITECT for coordinating the work and relating the work of the Consultant to the
design concept of the ARCHITECT will be 5% of the cost of the work.
9.4 If the work of the Construction Manager is abandoned or suspended, in whole or in part, the
Construction Manager 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.
9.5 If portions of the buildings are erected at different periods of time, thus increasing the
Construction Manager’s construction phase period and burden of services rendered during the
construction phase shall be doubled. A suspension of construction for a period not exceeding six (6)
months shall not be covered by this provision.
9.6 The Construction Manager’s Fee as stipulated in Section 7 “ Minimum Basic Fee” is net to the
Architect. Any tax that the government mayimpose on the Architect as a consequence of the services
performed for the Project (exclusive of income tax) shall be paid by the Owner.
CHANGES ORDERED BY THE OWNER shall be done in writing and
given to the Construction Manager for appropriate action.
ARTICLE 10 ARBITRATION
All questions in dispute under this Agreement shall be submitted in accordance with the provisions of
the applicable laws of the Republic of the Philippines.
THE PARTIES TO THIS AGREEMENT HEREBY AGREE TO THE FULL
PERFORMANCE OF THE COVENANTS CONTAINED HEREIN AND PRAY FOR
THE GUIDANCE OF THE LORD FOR A SUCCESSFUL COMPLETION OF THE
PROJECT
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 right-hand
margin of all the other pages of this Agreement.
By : By :
_____________________ __________________________
Owner Construction Manager
Signed in the presence of :
_________________________
Republic of the Philippines
City of _______________
Before me, a Notary Public in and for the City of ___________ personally
appeared Mr. __________ with Residence Certificate no. ____________ on _______,
2000 at _______________ City and Architect _________________ with Residence
Certificate no. ________________ issued at __________ City on ________, 2000, both
known to me and to me known to be the same person who executed 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
_______ day of ________ 2000 in the City of __________, Philippines.
________________________
Notary Public