Friday, April 8, 2011

2010 SPP-Compliant Proforma Architectural Service Agreement Versions for CA&E Services

Please refer to these latest versions of the SPP-compliant Proforma Architectural Service Agreements. These are now posted at the PRBOA website.



Proforma ARCHITECT - OWNER AGREEMENT

Covering State-regulated Professional Services

for CONCEPTUAL Architectural and Engineering (CA&E) Design

by Philippine Registered and Licensed Architects/ RLAs

(based on the 2010 Standards of Professional Practice/ SPP)*

Very Important Notes (before using this Proforma Agreement): ___

1. This Agreement is only for CONCEPTUAL Architectural and Engineering (CA&E) Design Services under the 2010 SPP, whereby the Philippine registered and licensed Architect (RLA, or the “Architect”) provides the required CA&E Design Services i.e. the Architect brings in all of the Design Engineers as part of his Design Team.

2. The Professional Regulatory Board of Architecture (PRBoA) strongly recommends that the Architect instruct both the Client and the Design Engineers to execute separate service agreements. The Architect may then mainly focus on CONCEPTUAL Architectural Design (CAD) services, inclusive of site development planning (SDP) and the design of architectural interiors (AI), which all form part of the scope of services of the Architect/ RLA under R.A. No. 9266 (The Architecture Act of 2004) and its 2004 IRR.

3. Under CA&E, the Architect’s Fee is computed at only forty percent (40.0%) of the allowed Basic Fee multiplier for Detailed A&E Services as applied to the Statement of Probable Project Construction Cost (SPPCC) that should be prepared by the Architect and annexed to this Agreement. Under 2010 SPP, the percentage (%) shall be based on the type of the Project or the scope of the professional services being contracted by the Architect i.e. CONCEPTUAL A&E Design Services as compared to the FULL Regular or Basic Detailed Architectural (DA) Services with Periodic Construction Supervision (PCS) Services.

4. This Agreement does NOT cover the following professional services by Architects as defined/ detailed elsewhere under the 2010 SPP: a) Contract Documentation Phase services and succeeding services under the FULL Regular or Basic Detailed Architectural (DA) Services; b) Periodic Construction Supervision (PCS); c) Fulltime Construction Supervision (FCS); d) Project and/or Construction Management (PCM); e) Pre-Design Services such as Space Planning and Research; f) Allied Architectural Design Services for Architectural Interiors (AI) or Site/ Physical Planning, and the like.

5. In case of dispute over the quality of the architectural services rendered or of the unethical conduct of the Architect/ RLA, the venue for an administrative complaint against an Architect is the Professional Regulation Commission (under its administrative proceedings).

6. While civil and criminal complaints may be filed directly with the Court, disputes pertaining to this Agreement must be first resolved through various modes of Alternative Dispute Resolution (ADR) as provided under law (reference Article 14 of the Agreement).

7. The Architect maintains ownership and copyright over his work under law (reference Article 12 of the Agreement).

8. This Proforma 2010 Architect-Owner Service Agreement covering only CONCEPTUAL Architectural and Engineering (CA&E) Design Services, may now be used by Architects/ RLAs since the 2010 SPP has already taken effect in early Mar 2011 (after its late Feb 2011 Official Gazette publication).

9. Very Important Notes: This Proforma Service Agreement is merely suggestive and is mainly intended to facilitate compliance with the 2010 SPP. If in doubt, the RLA must consult a lawyer who may then conduct a thorough review the Service Agreement. Once signed, this document has to be notarized to make it a public document and shall then become the law between the signing Parties. If not notarized, it remains a private document. It is best to have it notarized for the protection of the Parties, particularly in the event of litigation if disputes remain unresolved, even through ADR modes.

Proforma ARCHITECT - OWNER AGREEMENT

for CONCEPTUAL Architectural and Engineering (CA&E) Design

PROJECT : Proposed _________________________________

LOCATION : __________________________________________

OWNER : __________________________________________

ARCHITECT : __________________________________________

PRC ID No. 006872

Address: _______________________________

Mobile No. 0900.000000

Tel. No. (02) 000.0000

THIS AGREEMENT, made and entered into this ___th day of Month, Year Two Thousand and _________ by and between ________________ with postal address at _______________________________________________, the party of the First Part, hereinafter called the OWNER, and _____________________________________with postal address at ___________________________, the party of the Second Part, herein called the ARCHITECT.

WITNESSETH,

That whereas the OWNER intends to build a ______________________ to be located at _________________________________________, hereinafter called the PROJECT.

NOW, THEREFORE, The Owner and the Architect, for and in consideration of the foregoing promises and of the other covenants hereinafter named, agree as follows:

ART. 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:

1.01 Conceptual site development planning (SDP) of the grounds of the building, including other concomitant structures within the Project site, as may be determined by the Owner.

1.02 Conceptual Architectural and Engineering (CA&E) Design of the Project to be located at ________________________________.

ART. 2. ARCHITECT’S CONCEPTUAL DESIGN SERVICES

The Architect's Conceptual Design Services shall consist of the following:

2.01 Project Definition Phase

This phase shall involve the definition of the requirements of the Project by the Owner. The Architect in turn shall inform the Owner of the technical requirements of the Project and the concomitant professional fees. In this phase, the Architect shall:

a. consult with the Owner to ascertain the conceptual framework and related requirements of the Project and confirm such requirements with the Owner;

b. gather relevant information and data leading to the definition of the requirements of the Project, including the scope of the Architect’s services;

c. review and refine the Owner’s space requirements and translate them into an architectural program;

d. prepare an initial statement of probable construction cost.

2.02 Schematic Design Phase

This phase shall consist of the preparation of schematic design studies derived from the Project Definition Phase, leading to conceptual plans. The Architect shall:

a. evaluate the Owner’s program, schedule, budget, project site and proposes methods of Project deliveries;

b. prepare the initial line drawings representing design studies leading to a recommended solution, including a general description of the Project for approval by the Owner;

c. submit to the Owner a Statement of the Probable Project Construction Cost (SPPCC, reference Annex “A) based on current cost parameters.

2.03 Design Development Phase

Based on approved schematics and conceptual plans, the Architect shall prepare:

a. the Design Development documents consisting of plans, elevations, sections and other drawings;

b. the 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;

c. the diagrammatic layout of construction systems; and

d. an updated SPPCC for submission to the Owner.

ART. 3 ARCHITECTS COMPONENT FEE AND MANNER OF PAYMENT

3.01 That the Owner agrees to pay the Architect for professional services, a fee of ______ Percent (0.0%) of the Final Project Construction Cost (FPCC), with other payments and reimbursements as hereinafter provided, the said percentage hereafter called the Basic Fee. For the initial computation of the Basic Fee for use in this Agreement however, the Statement of Probable Project Construction Cost/ SPPCC (reference Annex “A”) shall be used.

Forty percent (40%) of the above amount shall cover the cost of the preparation of the conceptual architectural planning/ design of the Project, based on the formula:

SPPCC x

0.0%

(Basic Fee multiplier appearing in the Architect’s Guidelines) x

0.4 (proportional weight of the Component Fee for conceptual architectural planning/ design with respect to the Basic Fee for the complete package of services covering the Basic/ Regular detailed architectural and engineering/ DA&E plans/ designs as described in the 2010 SPP Document 202) =

Component Fee (for conceptual architectural planning/ design).

3.02 That payments to the Architect on account of the agreed Component Fee shall be made by the Owner as follows:

a. A minimum of Twenty Five Thousand Pesos (P25,000.00) upon signing of this Agreement as the mobilization component of the agreed Architect’s Fee.

b. Upon the completion of the Project Definition Services, but not more than 15 days after submission of the Project Definition Report to the Owner, a sum equal to thirty percent (30.0%) of the Component Fee, less the amount paid under a.

c. Upon the completion of the Schematic Design Services, but not more than 15 days after submission of the Schematic Design Report to the Owner, a sum equal to sixty percent (60.0%) of the Component Fee, less the amount paid under a and b.

d. Upon the completion of the Design Development Services, but not more than 15 days after submission of the Design Development Report to the Owner, a sum sufficient to increase the total payments on the fee to one hundred percent (100.0%) of the Component Fee, less the amount paid under a, b and c.

3.03 That the Owner agrees to make partial payments during each of the various stages of the Architect's work, upon request of the Architect, provided that such payments are within the framework of the manner of payments outlined above.

ART. 4 THE OWNER'S RESPONSIBILITIES

The Owner shall undertake the following acts:

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;

d. furnish or direct the Architect to obtain at Owner 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 as called for in ART 5: “Other Conditions on Services” and all taxes including VAT (but not including income tax) that the Government may impose on the Architect as a result of the services rendered by the Architect for/ 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; and

i. if the Owner observes or otherwise becomes aware of anything that may impair the progress of the conceptual architectural planning/ design of the Project, he must give prompt written notice to the Architect.

ART 5. OTHER CONDITIONS ON SERVICES

5.01 Conditions for the Architect’s Fee

The Architect’s Fee is based on the Project Construction Cost. Where the Architect has to render additional services, additional compensation shall be required.

5.02 Other Services

Other services that may be needed in order to complete the Project such as services of acoustic and illumination engineers/ specialists, mural painters, sculptors, and other service providers are to be recommended by the Architect for the Owner’s approval. Costs for these services are to be paid for separately by the Owner and shall be subject to a coordination fee payable to the Architect.

5.03 Scale Models, 3D Models and Walk-Thru Presentations

Should a scale model, 3D models and/or walk-thru presentation of the Architect’s design be necessary, they are to be recommended by the Architect for the Owner’s approval. Costs for these services are to be paid for separately by the Owner and shall be subject to a coordination fee payable to the Architect.

5.04 Per Diem and Traveling Expenses

A per diem plus traveling and living expenses shall be chargeable to the Owner whenever the Architect or his duly authorized representative is required to perform services at a locality beyond fifty kilometers/ 50 km (air, straight line or radial distance) from his established office as it appears in the Architect’s letterhead.

5.05 Extra Sets of Documents

The Owner shall pay the Architect for additional sets of Documents.

5.06 Change/s Ordered by the Owner

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

5.07 Work Suspended or Abandoned

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. The primary service of the Architect is the preparation of architectural plans/ designs and conceptual/ outline specifications, in collaboration with other State-regulated professionals. Once the Architect has prepared all these documents, the Architect has completed the Design Development Phase services.

5.08 Services of Specialist Consultants

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

5.09 Estimates

Any SPPCC or any Cost Estimate submitted by the Architect can attain only a certain degree of accuracy. As the Architect has no control over the cost of labor and materials, or the many factors that go into competitive bidding, he does not assume any professional responsibility for such cost estimates, unless glaring errors or discrepancies are clearly evident.

5.10 Government Taxes and Services

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

5.11 Ownership of Documents

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

5.12 Project Development Cost

Project Development Cost shall include cost of the construction as well as all professional fees, permits, clearances and utilities and cost of acquiring the project site / lot, cost of money, etc.

ART.6 SUCCESSORS AND ASSIGNS

The Owner and the Architect each binds himself, his partners, successors, legal representative and assigns to the other party to this Agreement, and to the partner, successors, legal representatives and assigns of such other party in respect of all covenants of this Agreement. Except, as above, neither the Owner nor the Architect shall assign, sublet or transfer his interest in this Agreement without the written consent of the other.

ART.7 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).

The exclusive venue of such ADR proceedings shall be the CIAC Office at corners Sen . Gil Puyat Ave. and Makati Ave. in Makati City, PH.

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 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.

____________________ ____________________

Owner Architect

SIGNED IN THE PRESENCE OF:

_______________________________ ________________________________

Republic of the Philippines)

City of ____________ ) s.s.

Before me, a Notary Public in and for the City of ______________, personally appeared the Owner, ________________________ with Community Tax Certificate No. 00000000 issued on Month 00, 201_ in ­­­­­­­­­­­­­­­­­­­­­­____________ City and the Architect, _____________with Community Tax Certificate No. 00000000 issued in _________, on Month 00, 201_, both known to me to be the same persons who executed the foregoinq Instrument and its Annexes, and acknowledging 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 ____ of _________ in the City of ___________, Philippines.

NOTARY PUBLIC

Doc No. ____

Very Important Notes: This Proforma Service Agreement is merely suggestive and is mainly intended to facilitate compliance with the 2010 SPP. If in doubt, the RLA must consult a lawyer who may then conduct a thorough review the Service Agreement. Once signed, this document has to be notarized to make it a public document and shall then become the law between the signing Parties. If not notarized, it remains a private document. It is best to have it notarized for the protection of the Parties, particularly in the event of litigation if disputes remain unresolved, even through ADR modes.

Annex “A” showing the Statement of Probable Project Construction Cost (SPPCC) follows.

Annex “A”. Statement of Probable Project Construction Cost (SPPCC)

(Please add/ deduct and complete as needed)

  1. Probable Direct Project Construction Costs

1. Site Development of the Building Grounds (to be planned/ designed only by

a Registered and Licensed Architect/ RLA as provided by law) PhP 0,000,000.00

2. Civil Works (to be planned/ designed by a Civil Engineer)

3. Architectural Works (Building and Exterior) - (to be planned/ designed only by a Registered and Licensed Architect/ RLA as provided by law)

4. Structural Works (to be planned/ designed by a Civil or Structural Engineer)

5. Electrical Works (to be planned/ designed by a Professional Electrical Engineer/ PEE)

6. Mechanical Works (to be planned/ designed by a Professional Electrical Engineer/ PEE)

7. Plumbing and Sanitary Works (to be planned/ designed by a Plumbing Engineer and/or a Sanitary Engineer as provided under law)

8. Electronics Works (to be planned/ designed by an Electronics Engineer)

9. Architectural Interior (AI) Works (to be planned/ designed only by a Registered and Licensed Architect/ RLA as provided by law)

10. Others ___

Subtotal A* PhP 0,000,000.00

*Note: Subtotal A excludes Interior Design, Movable and Furniture Works, which are not attached to the building (to be planned/ designed only by a Interior Designer as provided by law)

  1. Probable Indirect Project Construction Costs

1. Contractor’s Profit PhP 0,000,000.00

2. Permits (all classes)

3. Others_________________________________________________________________________

Subtotal B PhP 0,000,000.00

  1. Probable Project Construction Cost (Sum of A and B) PhP 0,000,000.00

Submitted by:

____________________

Architect

Date:

Conforme:

____________________

Project Owner

(or Representative with a

Special Power of Attorney/ SPA)

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1 comments:

Architectural planning April 11, 2011 at 3:41 PM  

Hi...Your post really got me thinking man..... an intelligent piece, I must say.

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