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UNIVERSITY OF SANTO TOMAS

COLLEGE OF ARCHITECTURE

PROFESSIONAL PRACTICE 2
ARCHT VILLANUEVA

SARMIENTO, JAMES MARTIN L.

UAP DOC. 401 STANDARD CONTRACT


OWNER-ARCHITECT

OWNER ARCHITECT
AGREEMENT FORM
U A P Document 401 a

Date

Owner/client :
Attention

Thru

Subject

Dear sir/s

This will confirm our agreement for me to furnish professional services as architect of
your
Proposed

Located at

In accordance with the following terms and conditions:

I. GENERAL SCOPE OF ARCHITECTURAL SERVICES


The ARCHITECT/s shall perform professional services, which can consist
generally of the following:
1. Preliminary services include conferences with the client and inspection of
building site.
2. Schematic design based on the requirements/needs of the Owner.
3. Preparation of Final Design Development drawings including perspective.
4. Preparation of Contract Documents consisting of the following:

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 be under separate contract)

II. ARCHITECTS FEE


The owner agrees to pay the Architect in accordance with the Architects National
Code(UAP Doc. 202) a basic fee of _____ percent(%) of the total estimated project
construction cost. However, the fee shall be adjusted up or down based on the final
construction cost. However, the fee shall be adjusted up or down based on the final
construction cost.

III. MANNER OF PAYMENT


1. Upon signing of this Agreement, the Owner-Client shall pay the Architect in the
following manner: The amount of PESOS: _______________ (P___) as the
minimum payment for Architects basic services. However, monthly retainer fees
can be arranged and deducted from the total fees during the during the
preparation of the different phases of the project up to completion of Contract
Documents.
2. Upon completion of the preparation of schematic design phase up final design
development drawings30% of the Architects fee.

3. upon completion and submission of five (5) sets of sighed and sealed Contract
Documents---50% of the Architects fee. (Equivalent to 85% of total fee).
4. During construction implementation (periodic visits) balance of fee computed
on the final Project Construction Cost. Time frame for construction
implementation shall not be more than 1.3 of the time allotted for the project. Any
extra time necessary for periodic observation will be renegotiated.
5. 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 frame work 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 data will be furnished by the
Client/Owner so that the design of the project can start immediately.

VI. CHANGES AND/OR REVISIONS


Any changes and/or revisions requested by the Owner after approval of final
design shall be subjected to compensation agreed by both parties but not less than man
hour time charge plus materials used times a factor of 2.5.

VII. OWNERSHIP OF DOCUMENTS


Contract documents shall remain the property of the Architect in accordance
with RA 545 and PD 49 whether the design is executed or not. Additional copies when
required will be for account of the Owner.

Very truly yours,


_________________________________________
________________________
Architect

_________________________________________
_______________________

UAP DOC. 401 STANDARD CONTRACT


OWNER-ARCHITECT

OWNER ARCHITECT
AGREEMENT FORM
U A P Document 401 b

Conforme
Owner-Client

Date

PROJECT

LOCATION

OWNER

ARCHITECT

DATE

March _________2010

THIS AGREEMENT, made and entered into this ______ day of Two Thousand and Ten
by and between ___________________________________________ with postal
address at _______________________________________ the party of the First Part,
hereinafter
called
the CLIENT, and ARCHITECT with
postal
address
at
__________________________________________________________the party of the
second part, herewith after called the Architect.
WITNESSETH,
That whereas the OWNER intends to__________________________________
______________________________________________________________________
_____________________________hereinafter called the PROJECT.
NOW, THEREFORE,
The Owner and the Architect, for and in consideration of the foregoing premises and the
others covenants hereinafter named, agree as follows:
ARTICLE 1.

SCOPE OF WORK

That the scope of work to be done by the Architect, as herein authorized by the Owner,
for the subject project herein referred to consists of professional services for the
following:
1.1
Site planning of the building or buildings including other concomitant
structures, as may be determined by the Owner.
1.2
Designing of the______________________________________________
______________________________________________________________
ARTICLE 2.

ARCHITECTS BASIC SERVICES


The Architects Basic Services consist of the following:

2.1

Preliminary Design Phase

a. The Architect shall consult with the Owner to ascertain the requirements of the
Project and shall conform such requirements to the owner.
b. He shall discuss to the Owner his budget for the said project for design consideration.
c. He shall request to the Owner to submit the lot plan dully prepared and signed by a
registered Geodetic Engineer. If possible Land Title included.
d. The Architect shall make ocular inspection of the site to feel the surrounding.
e. He prepares Preliminary Design studies leading to the recommended solution
together with a general description of the Project for the approval by the Owner.
f. He shall submit to the Owner a Statement of Probable Construction Cost base on
Current Cost Parameter.
2.2

Design Development Phase (Preliminary Studies)


1. The Architect shall prepare the Design Development Documents consisting of
plans, elevations and other Drawings and outline specifications; to fix and
illustrate the size and character of the entire project in its essentials as to kinds of
materials, type of structure.
2. He shall submit to the Owner a colored Perspective for visual idea of the Project.
3. He shall submit to the Owner the Clients Confidential Information Record for final
guideline in the preparation of Contract Document Phase.

2.3

Contract Document Phase (Final Working drawing)


1. The architect shall prepare from the approved Design development Documents,
the Construction Drawing and specification setting forth in detail the work
required for the architectural, structural, electrical, sanitary, mechanical, fire
protection, service connected equipment and site work.
2. He shall prepare specifications describing type and quality of materials, finish,
and manner of construction and the general conditions under which the project is
to be constructed.
3. He shall furnish not more than five (5) complete sets of contract drawings,
specifications and general conditions for purposes of building permit.
4. He shall keep the Owner informed of any adjustments to previous Statements of
Probable Project Construction Cost indicated by changes in scope, requirements
or Market conditions.

5. He shall assist the Owner in filling the required documents to secure approval of
Government authorities having jurisdiction over the design of the project.
6. He shall provide complete working drawings and specifications to contractor for
Bidding purposes and the Contractor pay the Architect for all Printed materials.
2.4

Construction Phase
1. The Architect shall prepare forms contract letting, documents for construction,
including forms for invitation and instruction bidders and forms for bidders
proposals.
2. He shall assist the Owner in obtaining proposals from Contractors and in
awarding and preparing construction contracts.
3. To the extent provided by the contract between the Owner and the Contractor, he
shall make decisions on all claims of the Owner and Contractor and on all
matters relating to the execution and progress of the work or the interpretation of
the Contract Documents. He shall check and approve samples, schedules, shop
drawings and other submissions only for conformance with the information given
by the Contract Documents, prepare change orders and assemble written
guarantees required of the Contractors for submission to the Owner.
4. He will make periodic visits to the site to familiarize himself generally with the
progress and quality of the work and to determine in general if the work is
proceeding in accordance with the Contract Documents. He will not be required
to make exhaustive or continues on-site inspections to check the quality of the
work and he will not be responsible for the Contractors failure to carry out the
construction work in accordance with the Contract Documents. During such visits
and on the basis of his observations progress of the work, will endeavour to
guard the Owner against defects and deficiencies in the work Contractors, and
he may condemn work as failing to conform to the Contract Documents.
5. Based on his observations and the Contractors Application for Payment, he will
determine the amount owing to the Contractor and he will issue Certificates for
Payment in such amounts. These Certificates will constitute a representation to
the Owner, based on such observations and the work has comprising the
Application for Payment that the work has progressed to the point indicated.

By issuing a Certificate for Payment, the Architect will also represent to the Owner that,
to the best of his knowledge, information and belief that, to the best of his knowledge,
information and belief based on what their observations have revealed, the quality of the
work is in accordance with the Contract Documents. They will conduct inspections to
determine the dates of substantial and final completion and issue a final certificate for
Payment.
6. The Architect shall provide a Project Engineers to act as full time supervisor,
coordinators and to implement all the drawings in contract document as
submitted by the architect.

The project Engineers shall do all works from bidding and all matter related to execution
and progress of the work or interpretation of the Contract Documents with the direct
monitoring by the architect at all time.
ARTICLE 3.

ARCHITECTS FEE AND MANNER OF PAYMENTS

3.01
That the CLIENT agrees of PROFESSIONAL FEES of _______ PERCENT
OF THE TOTAL SITE DEVELOPMENT & CONSTRUCTION COST for the
Architectural-Engineering and Master Planning for the development cost of the site.
3.02 That payments to the Architect on account of his fee shall be made by the Client
as follows:
a. Acceptance fee of _________ of the Professional Fees (P ________) upon signing of
this Agreement before we proceed with further studies of the project and to cover the
expenses being shoulder by the architect at the moment.
b. Upon the completion of the Schematic Design Services, after submission of the
Schematic Design to the Owner, a sum equal to _____________________, computed
upon a reasonable estimated construction cost of the structure.
c. Upon the completion of the Design Development Services, after submission of the
Schematic Design to the Owner, a sum sufficient to increase the total payments on the
fee to ________________ of the Basic Fee computed upon the same estimated
construction cost of the structure.
d. Upon the completion of the Contract Documents Services, after submission of the
Contract Documents to the Owner, a sum sufficient to increase the total payments on
the fee to _______________ percent of the Basic Fee computed upon a reasonable
estimated construction cost of the structure.
3.03
Since the Construction Period is indefinite and no target period of
accomplishment, the remaining amount shall for the Supervision Fees which shall be
paid Monthly bases during the construction period of 8-12 months.
ARTICLE 4.
4.01

THE CLIENTS RESPONSIBILITIES

The Owner shall provide full information as to his requirements for the Project.

4.02
He shall designate, when necessary Project Engineer authorized to act in his
behalf. He shall examine documents submitted by the Architect and render decisions
pertaining thereto promptly, to avoid unreasonable delay in the progress of the
Architects work. He shall observe the procedure of issuing orders to contractors only
through Architect.

4.03

He shall furnish or direct the Architect to obtain at the Owners expense, a


certified survey of the site, giving, as required, grades and lines of streets,
alleys,
payments, and adjoining property; rights of way, restriction, boundaries, and
contours of the building site; locations, dimensions and complete data pertaining to
existing buildings, other improvements and trees, full information as to
available
service and utility lines both public and private and boring test and pits
necessary for
determining sub-soil conditions.
4.04 He shall pay for structural, chemical, mechanical, soil mechanics or other tests
and reports as may be required for the project.
4.05 He shall pay for design and consultancy services on acoustic, communication,
electronic and other specialty systems as may be required by the Project.
4.06

He shall arrange and pay for such legal, auditing, and insurance counselling
services and taxes as may be required for the Project or by the government.

4.07

He shall pay all reimbursable expenses incurred in the project as called for in
Article 7 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, 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.
4.08 If the Owner observes or otherwise becomes aware of any defect in the Project,
he shall give prompt written notice thereof to the Architect.
ARTICLE 5.

PROJECT CONSTRUCTION COST

5.1.1
That the cost of the work or Project Construction Cost as herein referred to,
means the cost of the completed structure to the Owner including plumbing and
electrical fixtures, mechanical & air con equipments, generators, pumps, elevators,
escalators, fire fighting equipment, automatic fire sprinklers system, communication and
sound system elements attached to the building and all items indicated in the drawings,
specified or designed by the Architect. Other items if designed and planned by the
Architect, such movable closets, cabinets, pieces of furniture, covered walks, grotto,
pools, landscaping and other items of similar nature are to be paid separately by the
Owner to the Architect as stipulated in Art. 7.02. The Project Construction Cost,
however, does not include any Architects fee or engineers fee or the salaries of the
construction inspectors. When labor or materials are furnished by the Owner below its
market cost, the cost of the work shall be computed upon such current market cost.
ARTICLE 6.

lump

BASIC FEE AND BASIC RATE

The Basic Fee and Basic Rate referred to in Article 3, applies to


construction work done by a contractor or contractors on the basis of a
sum contract or lump sum contracts. Construction work let on any cost-plus- fee

basis, or on any basis other than the lump sum contract basis, where the
Architect
has to render more than the regular or basic services shall be the
subject of a
special additional charge commensurate with the special services
required. Such
special charge shall be in addition to the Basic Fee provided
herein.
ARTICLE 7.

OTHER EXPENSES CHARGEABLE TO THE OWNER

7.1 Government Taxes on Services: The Architects Fee as stipulated in Article 3 is net
to the Architect. Any tax that the government may impose on the Architect as a
consequence of the services performed for the Project (exclusive of income tax) shall
be Basic Fee provided herein.
7.2 Different Periods of Construction: that if portions of the building are erected at
different periods of time, thus increasing the Architects construction phase period and
burden of services, charges pertaining to services rendered during the construction
phase shall be doubled. It is understood that a suspension of construction for a period
of not exceeding six (6) months shall not be covered by this provision.
7.3 Separate Services: that if the Owner requires the Architect to design or plan
movable closets, cabinets, pieces of furniture, covered walks, grotto, pools, landscaping
and other items of similar nature, the Owner shall pay the Architect additional
compensation in the amount of Fifteen Percent (15%) of the construction cost of the
above work.
7.04 Other Professional Services: that the Architects fee includes normal structural,
electrical, sanitary and mechanical engineering services, but not include services for
survey, soil exploration and laboratory tests which are on the account of the Owner as
stipulated in Article 4.04. Other services that may be need in order to complete the
project such as acoustic engineers, mural painters, sculptors and interior decorators are
to be recommended by the Architect for the Owners approval and cost for these
services are to be paid by the Owner and not deductible from the Architects Fee.
7.05 Extra Sets of Contract Documents: that the Architect is to furnish the Owner five
(5) sets of Drawings, Specifications and other Contract Documents. Cost for printing or
reproduction of extra sets of Contract Documents when required by the Owner or his
representatives is to be paid by the Owner.
7.06 Changes Ordered by Owner: if the Architect is caused extra drafting and other
expenses due to changes ordered by the owner, after the approval of the preliminary
design phase, the Architect shall be paid such expenses and services involved as per
the agreed amount by both parties but not less than the amount equivalent to the direct
cost of consultant fee and personnel salaries plus cost of material times a multiplier of
2.5.
ARTICLE 9.

ESTIMATES

Since the Architect has no control over the cost of labor and materials, or competitive
bidding, he does not guarantee the accuracy of any Statements of Probable
Construction Cost, or any Semi-Detailed or Detailed Cost Estimates.
ARTICLE 10. DESIGN AND PLACEMENT OF SIGN
All signboards of contractors, sub-contractors, jobbers and dealers that will be
placed at the job site during the progress of construction shall be approved by
the
Architect as to size, design and content. After the completion of the
project, the
Owner or his lessee shall consult the Architect in the design and
size of all
signboards, lettering, directories and display boards that will be
placed on the
exterior or public areas within the building, in order to guard the
Owners interest
that nothing will be installed in the building that would mar
the function and
aesthetics of the structure.
ARTICLE 11. OWNERSHIP OF DOCUMENTS
All designs, drawings, specifications and copies thereof, prepared and furnished by the
Architect in connection with subject project pursuant to this Agreement, are instruments
of professional service. As instruments of service they are the property of the Architect
whether the work for which they are made may be executed or not, and are not to be
reproduced or used on other work except by written agreement with the Architect.
ARTICLE 12. ARBITATION
All questions in dispute under this Agreement shall be submitted in accordance
with the provisions of the Philippines Law of Arbitration and provided for in
Art No.
876.
The Parties to this Agreement hereby agree to full performance of the covenants
Contained herein.
IN WITNESS WHEREOF, the parties to this Agreement have on the day 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.
By:

_____________________________

____________________________

CLIENT

ARCHITECT

SIGNED IN THE PRESENCE OF:

_____________________________

____________________________

______________________________________________________________________
Owner Architect Agreement.. 09

OWNER ARCHITECT

AGREEMENT FORM
U A P Document 402

PROJECT

LOCATION

OWNER

ARCHITECT

CONTRACTOR

THIS AGREEMENT, made and entered into this ____ day of _________ NINETEEN
HUNDRED and ____ by and between _____________________________________
with
postal
address
at
________________________________________________________ The party of the
second part, here in after called the CONSTRACTOR.

WITHNESSETH,

That the owner and the contractor, for and in consideration of the covenants, agreement
and stipulation set forth, do hereby agree as follows:

ARTICLE 1. SCOPE OF THE WORK


1.01

The constructor, in consideration of the payment to be made by the owner


to the Constructor of the sum of money hereinafter named, agrees to
furnish all labor, materials, equipment, plants, tools and other facilities and
the satisfactory and faithful performance of all the work necessary to
commence and complete the project ready to use (except the works to be
done by other parties hereto) as shown on the Drawings and described in
the Specifications, instruction and other related documents as prepared by
____________ acting as and in these contract documents entitled the
architect.

ARTICLE 2. TIME OF COMPLETIONA AND LIQUIDATED DAMAGES


2.01

The work stipulated in this Contract shall be completed broom clean and
ready for use not later than _________.

2.02

As time is an essential element in this contract, the Constructor agrees to


pay the owner the amount of __________ for each and every calendar
day of delay (Sunday and holidays included) in which the constructors fails
to complete the work beyond __________ the said payment to be
considered as liquidated damages.

ARTICLE 3. THE CONRACT AMOUNT


3.01

The owner agrees that for and in consideration of the faithful performance
by the Constructor of this contract, he shall pay to the Constructor, in a
manner
provided
hereinafter,
the
amount
of
______________________________ (P
).

3.02

It is expressly agreed by both parties that no change shall be made in the


above mentioned contract amount as a result of any fluctuation in the cost
of materials and/or labor, except those conditions as enumerated in art.
3.03.

3.03

should the Owner require the constructor to perform work over and above
that required by this agreement and additional cost shall be added to the
contract amount and, likewise, should be ordered to omit work as required
by this agreement, the cost of work omitted shall be deducted from the
contract amount. In either case, the cost of additions or reductions shall
previously be mutually agreed upon in writing by both owner and
constructor upon recommendation of the architect before execution.

3.04

Any payment due and payable to the constructor may be offset against
any liquidated damage payable to the owner under this contract.

ARTICLE 4. PAYMENTS
4.01

Payments on account of this contract shall be made by the owner at the


end of every month equivalent to ninety percent of the value of estimated
work as computed by the architect using a basis of breakdown of work
and corresponding value mutually agreed upon between the architect and
the constructor prior the start of construction.

4.02

Should the Owner fail to pay within 30 days the sum of any certificate of
the architect then due, the constructor shall receive in addition to the sum
in the certificate, interest thereon, at the legal rate in force.

4.03

Final and full payment of the consideration herein above mentioned shall
be made by the Owner to the constructor upon fulfilling the conditions set
forth in the general conditions.

ARTICLE 5. THE CONTRACT DOCUMENTS


The following documents prepared by the architects shall constitute and
integral part of this contract as fully as if hereto attached or herein stated,
except as otherwise modified by mutual agreement of parties:
a.
Architectural Drawings
sheets
b.

Structural Drawings

_____
_____ sheets

c.
Electrical Drawing
sheets

_____

d.
Plumbing (sanitary) Drawings
sheets

_____

e.
Mechanical Drawings
sheets

_____

f.

General Conditions

_____ pages

g.

General Specifications

_____ pages

h.

Structural Specification

_____ pages

i.

Electrical Specification

_____ pages

j.

Plumbing (sanitary) Specifications

_____ pages

k.

Mechanical Specifications

l.

General Scope of Work

m.

Schedule of Materials & Finishes

_____ pages
_____ pages
_____ pages

n.

Supplementary & related Documents

_____ pages

ARTICLE 6. PERFORMANCE AND PAYMENT BONDS


6.01 The Constructor, within 15 days from signing of this Contract shall furnish
the Owner Performance and Payment Bongs in the form of a surety bong
acceptable to the Owner in the amount equal to thirty percent(30%) of the
full contract price, conditioned for the faithful performance of the Contract
and the satisfaction of obligations for materials used and labor employed
on the work. These bonds shall be effective within a period of one (10 year
after the acceptance of the work by the Owner.

ARTICLE 7. TAXES, LICENSES, PERMITS AND FEES


7.01

All taxes, licenses, permits and fees which may be due may be due to the
local and/or national government on account of performance and
completion of the work stipulated herein.

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