Architecture Overload

The Unprofessional and Unethical “Justice”

2012-02-06T15:02:00.002+08:00

By Raison John J. Bassig

THE COURT OF APPEALS (CA) on 05 January 2012 favored the petition of the Philippine Institute of Civil Engineers (PICE) and reversed the decision of the RTC Branch 22 of Manila, thus, allowing the Civil Engineers to prepare and sign Architectural Documents. In its decision, CA cited that R.A.544 (Civil Engineering Law of 1950) and P.D.1096 (National Building Code of the Philippines of 1977) fail to specify the difference between “Architectural Documents” and “Civil/Structural Documents.”

However, Architectural Documents such as Perspectives, Floor Plans, Elevations, Sections, among others, have been described as exclusive to Architects in the Implementing Rules and Regulations (IRR) of R.A.9266 (Architecture Act of 2004) and the 2005 Revised IRR of P.D.1096. These IRR’s have already defined the distinctions between Architectural and Engineering works which were vague and confusing prior to their enactments. Consultations were even conducted between the United Architects of the Philippines (UAP) and PICE before the passing of R.A.9266, the law governing the practice of Architecture in the Philippines.

Still, PICE argues that the nature of Architectural Documents is within the Civil Engineers’ domain. CA surprisingly approved PICE’s petition explaining, “…that while said documents are being labelled as “architectural” documents, there is no indication that these documents are exclusive to architects and can be prepared only by them except the fact that they are being labelled as such.”

Seemingly, CA failed to realize that by giving said authorization to Civil Engineers, it meant removing the very foundation of the architectural profession. As per R.A.9266, Engineers cannot sign Architectural Plans and Architects cannot sign Engineering Plans. Thus, Architecture is for Architects and Engineering is for Engineers.

The Architect-Engineer relationship is a symbiotic one, a partnership created by distinct qualifications. Both professionals may seem to have overlapping functions to non-technical people but they have completely different tasks and specializations. The difference lies in the limits of tradition, education and professional license.

In typical building projects, clients coordinate with Architects from conceptualization to completion. Through the Architectural Plans, Architects ensure that the building is constructed according to how clients envisioned it. Architects deal with space planning, budget, materials, functionality, durability, and beauty of the project. Working with him are specialized allied professionals like Interior Designers, Landscape Architects and Engineers. This is the general and global practice of Architecture.

Architects hire the services of Engineers only during the later stages of the project, when clients have approved the Architectural Plans. Based on these plans, Engineers will then design their respective Engineering Plans, namely, Structural Plans by Civil Engineers, Plumbing/Sanitary Plans by Master Plumbers/Sanitary Engineers, Electrical Plans by Electrical Engineers, and Mechanical Plans by Mechanical Engineers. This tradition of collaborative design has been successful as proven by the numerous iconic structures built by Architects and Engineers around the world.

Yet, preparing and signing Architectural Plans and Documents should be the exclusive right of Architects. This is their bread and butter. The practice of Architecture entails more than drawing lines in a given space. It involves an integrated, comprehensive, and holistic approach in solving problems like social behavior, historical-cultural implications, economics, functional engineering and aesthetics. These are part of the Architectural program and the Architectural Licensure Exams.

The competencies of Civil Engineers have always been respected by Architects. Despite the latter’s knowledge in engineering systems which are taught in the B.S. Architecture curriculum, they have not claimed the Engineering profession as their own. In fact, prior to amending R.A.545 (the old Architecture Law of 1950), Architects were allowed to prepare and sign Structural Plans and Documents. But with R.A.9266, Architects have conceded this scope of work to their Civil Engineer partners.

PICE should adhere to their own Code of Ethics, which states, “Civil Engineers shall perform services only in areas of their competence.” Furthermore, they “shall build their professional reputation on the merit of their services and shall not compete unfairly with others.” Guided by this code, can one consider PICE's petition for Civil Engineers to practice Architecture as ethical?

Allowing one professional the authority to practice another profession without its corresponding license is an illogical and unethical proposition. It is like saying Nurses can also prescribe medications like Doctors, Veterinarians can operate on people like Surgeons, and Finance graduates can certify Tax Returns like CPAs.

In a 2003 Joint Resolution, UAP and PICE agreed “to attune the laws governing the practice of architecture and civil engineering” and “to define and distinguish more clearly the scopes of practice of architecture and civil engineering to minimize, if not eliminate any undesirable overlaps.”

Notwithstanding, Architects now ask: Why did PICE initiate this petition? Why did CA approve such petition? Why bring back the past when Architects and Engineers should be moving forward to a clear delineation of functions?

The aspirations of many Architectural students are now at stake and the careers of Filipino Architects are in jeopardy. Why bother to study for an Architecture degree, undergo a 2-year apprenticeship, and take the Board Exams? What PICE and CA are conveying: Just become a Civil Engineer and you can be an Architect for free. It is hoped that the puzzling motives behind PICE’s petition and CA’s decision are not to undermine the jobs of Architects and eventually kill the profession in our country.

Images of a black ribbon with the texts: “RA9266: Architecture Act of 2004”, “January 05, 2012”,“Respect begets Respect”, among others, have gone viral in the social networking site Facebook. Thousands of comments were posted by affected architects, students, and non-architectural practitioners about injustice, respect for rights, shattered dreams, and even insulting comparisons of the works of both professionals. What a sad sight!

Laws are supposed to bring peace, harmony and order. Instead, the PICE and CA initiatives are creating conflict, confusion, and chaos.

We have just witnessed the death of professionalism and morality. And some people call this “Justice?”

Raison John J. Bassig, 29, is a licensed Architect (1st place – 2006 Board Exams), Master Plumber (10th place – 2007 Board Exams), and Environmental Planner (4th place – 2008 Board Exams).

June 2012 Architecture Board Exam Review Class Schedule

2012-01-04T00:38:00.001+08:00

The UAP Center for Career Development announces the schedule for the Review Classes which will start on February 6, 2012. The scheduled date for the examination is June 8 and 10, 2012.

January 2012 Architecture Board Exam Refresher Classes

2012-01-04T00:33:00.002+08:00

Refresher Course for January 2012 Board Exam will commence January 4, 2012. Pls. call the UAP office at 02-4126364; 4126394; 4126403.

Together we can

2011-10-08T16:38:00.004+08:00

Together We Can
by:
Architect Melva Rodriguez-Java, FUAP

Why has there been such an outcry against the proposed flyovers on Gorordo Avenue?
The banner headline of Cebu Daily News last October 3 was arresting: “DROP FLYOVERS FOR THE NUNS?” Who are these nuns and what are they into?

Curious because of the controversy, I dropped by the Asilo de la Milagrosa compound
last Monday to learn more about them. In June, 1934, a group of alumnae from the Colegio de la Inmaculada Concepcion (CIC) founded the Asilo de la Milagrosa, to cater to the needs of orphans and abandoned babies. War destroyed their first home on San Jose de la Montaña Street, but in the late 1940s, with the help of Cebuanos, the Daughters of Charity were able to construct a building to house their beneficiaries on Gorordo Avenue. Through more than 7 decades, the Asilo has remained steadfast in its commitment to serve abandoned, surrendered, and neglected children, and persons in crisis through sustainable programs. I was struck by the quiet manner in which the nuns and staff went about their daily chores unmindful of the uproar going on over the proposed flyover that would rise right in front of their church, eating up parts
of the church plaza..

Next I visited their church, the Shrine of Our Lady of the Miraculous Medal, built in
1954 as an integral component of the complex. Inside the church, shafts of light filtered in from colored glass panes and fell on the gilded altarpiece, bringing it to shimmer in the luminous interior. Unlike the free-standing altar pieces in other churches in Cebu, this one was hung on the wall. In the silence I understood why this House of Worship, this Sacred Temple of God deserved the highest reverence and protection from any physical and visual intrusion.

The Asilo de la Milagrosa and the Shrine of Our Lady of the Miraculous Medal are just
two of several heritage places that will be adversely affected by the proposed flyovers. Also within walking distance are the Spanish Period Catholic Cemetery located in historic Carreta and the CIC campus built in 1945 just a few meters up Gorordo Avenue. Within less than a kilometer’s stretch are Camp Sotero Cabahg founded in the 1960s, the American Period U.P. Campus, and a number of ancestral houses including the Battig Piano School in the old family residence of internationally-recognized pianist Ingrid Sala Santa Maria.

Sec. 32 of R.A. 10096 or the Heritage Law of 2009 mandates National Agencies,
including the DPWH, to consult and coordinate closely with the National Commission of Culture and the Arts (NCCA) in the implementation of their programs as they impact on heritage structures. Has the DPWH done this yet?

Cheaper and more effective alternatives

Here I would like to quote a portion of what the brilliant Engineer Fortunato Sanchez
wrote In the Sept. 2, 2011 issue of CDN: “Rep. Cutie del Mar said that P150 million has been allocated for road widening from Mahiga Bridge to Quezon Avenue, broken down into P100 million allocated to right-of-way with the balance of P50 million for other structures.

“This 2.5-km widening translates to a cost of P60 million per kilometer. If the 600
million flyover can be converted, it can cover 10 kilometers. This can widen the 4-km H. Abellana Street along Ateneo de Cebu and the parallel 2.5-km H. Cortes Street that could suck 30 percent of the traffic along the Banilad-Talamban, corridor benefitting a huge area. A flyover cannot suck traffic out since the vehicles stay on the same road. There would still be enough money left to make a transportation master plan and to partly solve the pestering drainage problem of Metro Cebu.”

In Loboc, Bohol, the people stopped the construction of the DPWH bridge that was
headed towards their precious old church. In Beijing, the new Chinese National Theatre had to be dug into the ground because the Chinese people did not allow it to rise higher than their cherished People’s Hall. In Boston, a new skyscraper across the park was clad with huge mirrors to reflect the small heritage chapel across and in deference to it.

Cebuanos must take a stand to protect our historic urban core and to decide on a more
informed choice of solutions to our traffic woes. With public officials and civil society working together, and with the strong support from the National Commission for Culture and the Arts, The National Museum of the Philippines and the National Historical Commission of the Philippines, we surely can!

Related article:
http://cebuheritage.com/2011/10/04/saving-the-asilo-dela-medalla-milagrosa/

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Nominees for Various Professional Regulatory Boards

2011-10-05T09:50:00.003+08:00

PRC publicized the nominees for Chairman/members for various Professional Regulatory Boards. In the press release by PRC dated September 30, 2011 and signed by Teresita Mansala [PRC Chairperson], it says,

The Professional Regulation Commission, in compliance with Section I, Article II of Executive Order No. 496, Series of 1991, which reads: “The Commission shall, upon receipt of the resolution from the accredited professional organization, immediately publish the same in a newspaper of general circulation for the purpose of inviting anyone who may have derogatory information against any of the nominees which may render him unfit for the position to inform the said Commission within a period of ten (10) days from such publication xxx”, hereby publishes the names of the nominees as follows:

1. For appointment as Chairman/Members of the Professional Regulatory Board of Architecture, as nominated by the United Architects of the Philippines (UAP):
a. MR. FIDEL JOSE SIAPNO
b. MR. MARIO S. VALDERRAMA
c. MR. NICOLAS G. RICAFRENTE
d. MR. LEOPOLDO V. SANDOVAL
e. MR. ROBERT S. SAC
f. MR. ERIBERTO V. AGUIRRE
g. MR. MINERVA C. ROSEL
h. MR. EDUARDO S. CASARES
i. MS. PAMELA N. AMADOR
j. MR. LUIS C. MONTES, JR.
k. MR. JOENEL C. KHO
l. MR. ARMAND MICHAEL R. EUSTAQUIO

The press release is courtesy of the Professional Regulation Commission (PRC)

The names of the other 3 nominees from UAP were already published on June 20 this year. The other nominees are:
ARCH. YOLANDA D. REYES
ARCH. CORAZON TANDOC
ARCH. ROY CORDERO

UAP CCD offers Architectural Design Course

2011-07-12T20:31:00.003+08:00

The UAP Center for Career Development is set to start classes for the Architectural Design Course intended for the January 2012 board exam starting August 14, 2011. The topics and lecturers will be as follows:

Module 1: Calculating for the AMBF, PSO, TOSL, ISA, USA & MACA for Low-Rise to Medium-Rise Residential Buildings – Rule 7 & 8 of the RIRR of NBC
(Arch. Rey S. Gabitan)
3 hrs.

Module 2: Calculating for the GFA, TGFA, FLAR &, BHL for Low-Rise to Medium-Rise Residential Buildings – Rule 7 & 8 of the RIRR of NBC
(Arch. Rey S. Gabitan)
3 hrs.

Module 3: Calculating for the AMBF, PSO, TOSL, ISA, USA & MACA for High-Rise Residential and Commercial Buildings – Rule 7 & 8 of the RIRR of NBC
(Arch. Rey S. Gabitan)
3 hrs.

Module 4: Calculating for the GFA, TGFA, FLAR &, BHL for High-Rise Residential and Commercial Buildings; Calculating AMVB for R-1 & C-3 – Rule 7 & 8 of the RIRR of NBC
(Arch. Rey S. Gabitan)
3 hrs.

Module 5: Calculating for the AMBF, PSO, TOSL, ISA, USA & MACA for Institutional and Industrial Buildings – Rule 7 & 8 of the RIRR of NBC
(Arch. Rey S. Gabitan)
3 hrs.

Module 6: Calculating for the GFA, TGFA, FLAR &, BHL for Institutional and Industrial Buildings; Frequently Asked Questions – Rule 7 & 8 of the RIRR of NBC
(Arch. Rey S. Gabitan)
3 hrs.

Module 7: Site Planning, Space Planning, Architectural Design, Structural Conceptualization and Architectural Interiors for Mercantile and Business Facilities - Commercial
(Arch. Alfred Carandang)
3 hrs.

Module 8: Site Planning, Space Planning, Architectural Design, Structural Conceptualization and Architectural Interiors for Residential and Industrial Facilities
(Arch. Annie Pugeda)
3 hrs.

Module 9: Site Planning, Space Planning, Architectural Design, Structural Conceptualization and Architectural Interiors for Health Facilities
(Arch. Ted Villamor G. Inocencio)
3 hrs.

Module 10: Site Planning, Space Planning, Architectural Design, Structural Conceptualization and Architectural Interiors for Terminal Facilities
(Arch. Ted Villamor G. Inocencio)
3 hrs.

Module 11: Site Planning, Space Planning, Architectural Design, Structural Conceptualization and Architectural Interiors for Educational and Institutional Facilities
(Arch. Karen Anne Naguit)
3 hrs.

Module 12: Site Planning, Space Planning, Architectural Design, Structural Conceptualization and Architectural Interiors for Hospitality Facilities and Other Building Types
(Arch. Armando Eugene de Guzman III)
3 hrs.

UAP Career Development Center

2011-05-28T14:21:00.002+08:00

The UAP has launched the UAP Career Development Center to augment the existing resources of those providing preparatory courses for aspiring Architects intending to complete the last obstacle in becoming full-fledged professionals.

The Center shall offer basic courses as outlined in the syllabus for the licensure exam provided by the PRBoA, like Professional Practice, Building Laws, Building Materials and Methods of Construction, History and Theory, Planning, Tropical Design, Green Architecture, etc. Architectural Design Courses shall include design strategies for different building types as well as familiarity with Rules 7 & 8 of the IRR of the National Building Code.

An innovation in the program are the study tours on a Lighting Application Center to determine the different lighting systems and its effects on surfaces, a tour on a Sanitary Systems Laboratory to familiarize with different piping materials and connections, tour on a Electrical Laboratory to understand electrical fittings, fixtures and connections.

A possible inclusion would be the construction visits to on-going projects to help those who have not much exposure to site activities really understand how buildings are being constructed. Lectures will be given while going to the different aspects of the construction.

For inquiries, please visit the UAP HQ. Limited slots only.

Sec 35.3 IRR of RA 9266 "civil liability pay"

2011-05-09T15:26:00.005+08:00

What is your view on the “civil liability pay” under Section 35.3 of the IRR of RA 9266 which says “the government architect-of-record shall collect an incentive pay to cover civil liabilities in the equivalent amount of 1.5% of the project cost of every project, provided it shall not exceed 50% of his annual salary which shall be paid upon full completion of the project”?

In view of the above provision, which of the following statements is correct?

1. The Architect of record shall be paid only once, regardless of the number of projects in a year, the total liability pay for all projects when computed, shall not be more than one half of his annual salary; or

2. The architect of record shall be paid for every project, and the maximum amount for every project shall not exceed one half of the annual salary… and all projects completed within the year, shall be computed separately. Thus if the architect completed four projects, and each with a project cost of P60M, the architect would collect 4 payments. For example, if the architect’s annual salary is P300,000.00, he will collect P150,000.00 for each project, and therefore collect four (4) separate payments each at P150,000.00.

I think that the civil liability pay should be given for every project, because the responsibility and liability by the architect is for every building. If you are tasked to design and manage four (4) projects simultaneously in different locations of the country, it also means that the responsibility are for each and every project. Therefore, the civil liability pay is given for every project, and not the sum of the four projects.

What do you think?

CTBUH Annual International Student Design Competition

2011-05-06T15:12:00.003+08:00

The Council on Tall Building and Urban Habitat is pleased to invite students from around the world to take part in the CTBUH 2011 Student Design Competition: Why Tall?

It aims to shed new light on the meaning and value of tall buildings in modern society from the perspectives of green, safety, and humanity.

Tall buildings are no longer just mere representations of modern cities; they are an integral part of our everyday life. They have expanded their role from providing space for commercial purposes to also include satisfying residential needs. They are fast becoming an important feat of human engineering, as they meet the growing demands of urban dwelling and reshaping the landscape of modern cities.

Now is the time to redefine the meaning and value of tall buildings in our modern society, by highlighting the aspects of green, safety, and humanity in tall buildings. In light of global climate change, public awareness of urban sustainability has forced designers to rethink and reinvent the role of the high-rise building type. They must contribute to the protection of endangered environments and offer sustainable alternatives to how cities operate.

Category:
International

Registration Deadline:
Friday, August 12, 2011

Registration Fee:
FREE

Project submission deadline:
Wednesday, August 31, 2011

Awards:
1 First Prize: US $5,000 and a certificate
1 Second Prize: US $2,000 and a certificate
1 Third Prize: US $1,000 and a certificate
7 Honorable Mentions: Certificates

Selected entries will be exhibited at the CTBUH 2011 World Conference in Seoul, Korea.
Registration:

•Participants must register FREE online to receive their registration number. http://competition.ctbuh.org

•All team members must submit proof of active student status. Email a scanned copy of your student ID or other verification to competition@ctbuh.org

•After your registration and student status has been approved, the CTBUH will issue you a registration number which will be necessary for the final submission.

•There is no limit as to the number of participants per team; however, each individual must be registered. Individual entries are accepted.

Fore more information, click here or visit the CTBUH website.

Seminar-Workshop on Energy Auditing

2011-05-06T14:51:00.001+08:00

The University of Santo Tomas Graduate School through its Center for Continuing Professional Education & Development (CCPED) will conduct a Seminar-Workshop on Energy Auditing on June 2 – 3, 2011, 8:00am – 5:00pm at the St. Antoninus Hall, UST Graduate School, España Boulevard, City of Manila.

The course is designed to help building administrators and energy conservation conscious individuals establish an energy audit program for their facility and consequently promote energy-efficiency opportunities for small- and medium-sized businesses and non-profits in their respective communities. It will teach the participants how building energy systems operate and give them the skills necessary to measure performance of energy generating facilities.

The target participants of this course are plant, facility, and utility engineers, electrical engineers, mechanical engineers, energy auditors, energy managers and staff, building administrators, faculty members teaching energy conservation programs, and graduate students in engineering.

The resource speaker of this program is Dr. Maria Natalia R. Dimaano, a Professor of the Chemical Engineering Department at the Faculty of Engineering and Professorial Lecturer at the Graduate School of the University of Santo Tomas. She holds a Doctor of Engineering degree from the Department of Nuclear Engineering of the Tokyo Institute of Technology, Tokyo, Japan., Masters of Science in Chemical Engineering degree from the University of the Philippines - Diliman, and Bachelor of Science in Chemical Engineering degree from the University of Santo Tomas. She has been teaching undergraduate and graduate Chemical Engineering and Chemistry students for more than 20 years.

The early bird participation fee is PhP 5,000.00/ participant for those who will register on or before May 20, 2011. This is inclusive of training kit, 4GB USB, snacks, lunch, and certificate.

For queries and reservations, please contact Tel. No. (+632) 406-1611 local 4030, Telefax No. (+632) 740-9732, Cell Phone No. 0917-824-1334, or Email at ccped@mnl.ust.edu.ph or drjacob@mnl.ust.edu.ph.

Basic Architectural Rendering Using Various Media

2011-04-25T22:14:00.002+08:00

by Archi-Stuff

Be it dry or wet media, i never really had a talent in rendering.

But that's how life goes, right? Sometimes, you just gotta be not so good at other stuffs you've had yourself into.Well, before I proceed, I gotta tell you that I'm a fresh architecture graduate from UP Mindanao. And just to give you a little accurate background about Architecture (and so not to make you believe in your assumption that architecture is only about drawing and doing stuffs like what fine arts people do), Architecture is the art and science of planning/arranging spaces and designing buildings such that the end users would experience comfort as they enter, work on, or stroll around the structure, finding it functional, and aesthetically pleasing. That means architecture students have to have their brains drained out for a stressful five years by architects who, despite of their college archi life, never consider late and, uhm, bad plates in one.

Read More at Archi-Stuff

Tropical Architecture Design Competition for Institutes of Higher Learning

2011-04-23T11:26:00.002+08:00

CALLING ALL STUDENTS!
The competition is now open and ready to receive registrations. This is a FREE competition open to all students within tertiary education

SUBMISSION REQUIREMENTS:
An Innovative Response to TROPICAL climate, we are looking for you to showcase your work. Entries must be received by 1st July 2011.

Required Documents:
•A brief write-up (studio brief, project brief)
•Max 2 x A1 Design boards
•CD with e-copies of the submission
•Optional: model

PRIZES:
1st Prize: $3,000 SGD
2nd Prize $2,000 SGD
3rd Prize $1,000 SGD
PLUS 2 runners up prizes of $500 SGD each

For more information,contact:
Benjamin Towell: Benjamin_towell@bca.gov.sg
Subramaniyam Jekanathan : Subramaniyam_Jekanathan@bca.gov.sg

COMPETITION OBJECTIVES
a. To promote Tropical Climate sustainable design and how this will require a different approach to temperate climatic green design incorporating innovative material use, and local climatic and community considerations.
b. Encourage students to become future leaders and experts in tropical green design.
c. Promote synergies linking architecture, interior design, engineering, landscape in an integrated whole-systems design approach.

THE COMPETITION
Green architecture and design is well established in the temperate climates. Many of these green features have been applied over here in tropical context with varying degrees of success. The challenge is thus to analyse and present green solutions that are suitable to tropical climates.
Innovative architecture is a key parameter of the design competition. Projects should focus on passive design strategies and incorporation of innovative technologies and solutions including renewable technologies where applicable. The entry must however include a degree of feasibility based on today’s available resources.
Entries can be an entire building, a detailed study or a building element (e.g. a facade study) through to a macro scale intervention, however this must relate to
the tropical climatic context, the local vernacular of the site and the site landscape. We encourage you to use your EXISTING university design work.

REGISTRATION
Step 1: We wish students to highlight their relevant coursework with their
university tutor’s agreement.
Step 2: Students with the nominated projects to register with Mr. Benjamin Towell
(benjamin_towell@bca.gov.sg); Mr. Subramaniyam s/o Jekanathan
(subramaniyam_jekanathan@bca.gov.sg).
Step 3: Students to submit their finalised design proposals by July 1st 2011.

STUDENTS
This competition is a chance for you to highlight or develop your university
coursework. Teams of up to 10 members are eligible.

TUTORS
You can nominate your students from any year to take part using their coursework as
as base for the submission.

Review and Selection
The top 5 shortlisted projects will be reviewed by a panel of judges comprising leading architects, Building and Construction Authority (BCA), Singapore Institute of Architects (SIA) and the Singapore Green Building Council senior management at the
International Green Building Conference, Singapore, 13-16th September 2011.

www.sgbw.com.sg (website live end of April)
Registration and entry is FREE

Why hire an architect?

2011-04-14T12:42:00.009+08:00

Few people realize how complicated it is to build.

That is, until they find themselves lost in a maze of design options, building codes, zoning laws, contractors and so on. No two building projects are exactly alike, so there is no single, clear cut path to follow. The architect is the one professional who has the education, training, experience and vision to guide you through the entire design/construction process, from helping you define what you want to build to helping you get the most or your construction budget. Architects see the big picture. They don?t just design four walls and a roof ? they create total environments, interiors and exteriors, that satisfy functional needs and are exciting, dynamic spaces in which to work and live. Whether you are remodeling, adding on, or building from scratch, the architect can guide the way. Working with contractors and other construction professionals, architects can help you end up with a well designed project that meets your need and works with your budget and time frame.

*THE ARCHITECT SOLVES PROBLEMS* Most building projects start with a want or a need. "I need more file space in my office." Or, "We've outgrown our house." But how does that need or want get translated into liveable area and three-dimensional space? That is what architects are trained to do: solve problems in creative ways. With their broad knowledge of design and construction, architects can show you alternatives and options you might never think of on your own. Need more room for your growing family? An architect can show you how to enlarge your home so you don't have to move. Not sure how fast your business is going to grow? An architect can design an office that meets your needs today and can be adapted for tomorrow. Have a limited budget? The architect looks for ways to make your project cost effective.

*THE ARCHITECT CAN SAVE YOU MONEY* The architect's services are a wise investment for the money, not an added cost to your project. Why? Because a well-conceived project can be built more efficiently and economically. Architects plan your projects with you. As your ideas evolve, changes can be made on paper, much less expensively than later on when construction is underway. Thorough drawings also make it easier for the contractor to accurately price and build your project. Because energy efficient buildings can save you money on utility bills down the road. An architect can design a building to harness orientation from the sun and let in natural light, thus reducing your cooling and electric bills over time. Because the architect can work with your budget and help you select the appropriate materials and workmanship at a fair price. Architects develop the drawings and specifications to help you get bids for construction that are based on your requirements. Because an architect can help you choose materials and finishes that are durable as well as beautiful, saving on frequent maintenance and replacement costs. Architects work to stay abreast of advances in roofing, floor tiling, paint finishes, construction methodology, etc. Their familiarity with the full range of materials enables them to suggest the appropriate materials for your project. Because good design sells. A well-designed house has a higher resale value. A well-designed work environment attracts employees and increases productivity.

*THE ARCHITECT CAN MAKE YOUR LIFE EASIER* Let's face it, building is a long process that is often messy and disruptive, particularly if you are living and working in the space under construction. The architect you hire looks out for your interests and tries to find ways to make that process go smoothly. If your project requires engineering or other design services, the architect can coordinate this team of experts so you don't have to. The architect sorts out complex building codes and zoning laws. The architect can help you find qualified construction contractors based on your requirements. The architect visits the construction site to help verify that the project is being built according to plans and specifications.

Source:
from RGChan
from AIA Washington
from AIA Sta Clara Valley

What do architects do?

2011-04-14T12:14:00.004+08:00

You have a vision of what you want. Now you need to make that vision a reality. Here's how an architect can help you.

* Architects are specially educated to help you define what you want to build, present options you might never have considered, and help you get the most for your valuable investment. They don't just design four walls and a roof -- they create total environments, both interiors and exteriors, that are functional and exciting places in which to work and live.

* Architects solve problems creatively.

* Architects are trained problem solvers. Need more room for your growing family? Architects can show you how to enlarge your home so you won't have to move. Have a limited budget? Architects can propose ways to get more for your investment than you imagined possible.

* Architects help you get the most from your construction budget

* Architects can reduce building costs, decrease your home's energy needs, and increase its future resale value through good design.

* Architects make your life easier.

Building is a long process that is often messy and disruptive, particularly if you're living in the space while it's under construction. Your architect represents you, not the contractors. Your architect looks out for your interests and smoothes the process, helps find qualified construction contractors, and visits the worksite to help protect you against work that's not according to plan.

Source:

RGChan

Why Engage the Services of an Architect?

2011-04-14T12:01:00.011+08:00

THE VALUE OF AN ARCHITECT
Reasons for Engaging an Architect

By engaging an architect, anyone contemplating building assures himself of good building, economy, and an efficient building operation.

1. GOOD BUILDING means sound planning for convenience and comfort to meet the special desires and specific working and living needs of the architect's client, the Owner; distinctive design; safe construction; and well-selected equipment for occupants' health and comfort. The architect can also assist in securing the necessary approval of zoning authorities and building officials.

2. ECONOMY results from skilled planning of the building and of the building operation, and wise selection of materials and appliances. An architect is guided by his client's budget, and he may also advise concerning financing.

3. AN EFFICIENT BUILDING OPERATION is possible only with carefully prepared drawings, specifications, and contracts; and competent and unbiased general administration of the construction. An architect also advises regarding the selection of contractors, prepares their contracts, and guards his client against losses resulting from lien laws and other causes.

4. TO ACCOMPLISH THESE OBJECTIVES, an architect must have had years of education, and extensive training and experience in his highly specialized profession. He frequently uses the services of specialists in structural design, air conditioning, sanitary engineers, electrical engineers, acoustics, interior design, landscape architecture, etc.; collaborating in their decisions, and coordinating their work. Leading professionals also use state-of-the-art computer technology such as Building Information Modelling (BIM) to guarantee job excellence.

5. THE ARCHITECT IS HIS CLIENT'S PROFESSIONAL ADVISER and agent, from start to finish of a building operation. He may be prepared by special arrangement, to accept any reasonable degree of responsibility his client may wish to delegate. In any case, the architect sees to it that his client gets what he pays for. In brief, the architect represents the client's (and only the client's) interests. He has no commercial interest in any particular form of construction, or specific materials or appliances.

6. PAYMENTS FOR ARCHITECTURAL SERVICES are only a small fraction of the total cost of a building. An architect may save for his client a sum much larger than his total compensation; even more often his contribution to the work enhances its value many times more than the amount of his charges. Architectural service does not cost— it pays.

Source:
Feature articles on architecture, green building, sustainable development and similar topics, are available at the RGC&A company website. Check them out at http://www.rgchan.com.ph/.

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

2011-04-08T15:33:00.001+08:00

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

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 3^rd 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)

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)

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

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)

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

2011-04-08T15:19:00.002+08:00

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 DETAILED Architectural and Engineering (DA&E) Design

by Philippine Registered and Licensed Architects/ RLAs

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

Very Important Notes (before using this Agreement): ___

1. This Agreement is for the FULL Regular or Basic Detailed Architectural and Engineering (DA&E) Design Services under the 2010 SPP (and is inclusive of Periodic Construction Supervision/ PCS), whereby the Philippine registered and licensed Architect (RLA, or the “Architect”) provides the FULL Regular or Basic DA&E Design Services i.e. the Architect brings in all of the Design Engineers as part of his Design Team. In such an arrangement, particularly if such is the Client’s desire i.e. a single point responsibility for the Project Design, the Architect becomes partly liable to the Client (under Article 1723 of the New Civil Code) for the work done by the said Design Engineers.

2. To avoid having to assume part of the civil liabilities of the Design Engineers, 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 Detailed Architectural Design (DAD) 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. The Architect’s Fee is computed based on a multiplier (usually expressed in terms of a percentage) 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 and its Architect’s Guidelines, the Fee multiplier/ percentage (%) shall be based on the type of the Project or the scope of the professional services being contracted by the Architect i.e. FULL Regular or Basic DA&E Design Services as compared to partial Regular or Basic Detailed Architectural (DA) Services without Periodic Construction Supervision (PCS) Services.

4. In the interim absence of the Architect’s Guidelines (to be prepared by the IAPOA-UAP for the review and approval of the PRBoA), temporary guidance can still be sought from the 1979 SPP (UAP Documents), provided that cost adjustments are made since the said document is already 31 years old.

5. The ultimate determinant of the Architect’s Fee is the Final Project Construction Cost (FPCC), computed at the completion of the construction work.

6. If the Architect only wishes to undertake part of the full regular DA&E Design Services, the corresponding adjustments in the Fee percentage (%) must be made i.e. if Detailed Engineering (DE) is excluded but PCS is retained, the Architect’s Fee may be 60% of the stated percentage (%) for projects listed under the 2010 SPP Document 202, and so forth.

7. Under the 2010 SPP, the PCS may have an approximated value of 5% of the Architect’s Basic Fee while the signing and sealing of the Architectural Documents (with the mandatory assumption of the minimum civil liabilities prescribed under Article 1723 of the New Civil Code) may carry an approximate weight of 5% of the Architect’s Basic Fee.

8. This Agreement does NOT cover the following professional services by Architects as defined/ detailed elsewhere under the 2010 SPP: a) Fulltime Construction Supervision (FCS); b) Project and/or Construction Management (PCM); c) Pre-Design Services such as Space Planning and Research; d) Allied Architectural Design Services for Architectural Interiors (AI) or Site/ Physical Planning, and the like.

9. This Agreement is NOT for Design-Build Services and is also NOT a Construction Agreement. Should the Architect desire to undertake either work, the Architect must first secure a Contractor’s License from the Philippine Constructor’s Accreditation Board (PCAB) of the Construction Industry Authority of the Philippines (CIAP) under the Department of Trade and Industry (DTI). Otherwise, the Architect who enagegs in construction work without a PCAB license becomes criminally liable under the Contractors Law, aside from becoming potentially administratively and civilly liable for such acts.

10. 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).

11. 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).

12. The Architect maintains ownership and copyright over his work under law (reference Article 12 of the Agreement). In submitting plans for building permit application, the Architect (to protect his intellectual property rights/ IPR) must only submit the drawings required under Sec. 302.4 of the 2004 Revised Implementing Rules and Regulations (IRR) of P.D. No. 1096, otherwise known as the 1977 National Building Code of the Philippines (NBCP). When architectural documents are distributed as part of the bidding process, the Architect must remind parties that the IPR over the documents issued are fully protected by law and should be officially returned to the Architect at the time of submission of the bids.

13. This Proforma 2010 Architect-Owner Service Agreement 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).

14. 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 DETAILED Architectural and Engineering (DA&E) Design

PROJECT : Proposed _________________________________

LOCATION : __________________________________________

OWNER : __________________________________________

ARCHITECT : __________________________________________

PRC ID No. 006872

Address: _______________________________

Mobile No. 0900.000000

Tel. No. (02) 000.0000

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 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 Basic (Regular) Detailed Architectural and Engineering (DA&E) Design of the Project to be located at ________________________________.

ART. 2. ARCHITECTS BASIC SERVICES

The Architect's Basic (Regular) Services shall consist of the following:

2.01 Project Definition Phase

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;

c. the diagrammatic layout of construction systems; and

d. an updated SPPCC for submission to the Owner.

2.04 Contract Document Phase

Based on the approved Design Development Documents, the Architect shall:

a. prepare 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 by the other State-regulated building professionals involved;

b. prepare the Technical Specifications describing type and quality of materials, finish, manner of construction and the general conditions under which the Project is to be constructed;

c. submit to the Owner seven (7) sets of all construction drawings and Technical Specifications for purposes of obtaining a building permit;

d. update the SPPCC based on changes in scope, requirements or market conditions; and

e. assist the Owner in filing the required documents to secure approval of government authorities having jurisdiction over the design of the Project;

2.05 Bidding or Negotiation Phase

a. In this phase, the Architect shall:

i. prepare 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. assist the Owner from the early stage of establishing a list of prospective General Contractors to the award of the Construction Contract;

b. For competitive bids/ procurements, the Architect shall:

i. furnish complete sets of the Bid Documents for purposes of bidding, in as many sets as may be required to conduct a successful bidding. The said documents are loaned to bidders at an amount sufficient to cover direct and indirect costs attendant to the preparation, packaging, reproduction and delivery of the said documents; the Bid Documents are the intellectual property of the Architect (Sec. 33 of R.A. No. 9266), and must be returned by all entities acquiring bid documents; a bond may be required to assure the return of the Bid Documents; the Architect retains the sole ownership and copyright to the said documents (Sec. 33 of R.A. No. 9266); as such, bidders must not reproduce nor use the documents for unauthorized purposes; the Owner must also not use the documents for any other purpose other than the Project for which the Owner and Architect signed a Service Agreement;

ii. help in organizing and conducting pre-bid conferences;

iii. respond to questions from bidders;

iv. assist the Owner in obtaining proposals from General Contractors, analyze bid results and prepare the abstract of bids, notice of award, notice to proceed and other/ related construction contracts; and

c. For negotiated contracts, the Architect shall perform similar functions as in item b. above but negotiates with one General Contractor instead of many bidders.

2.06 Construction Phase

In this phase, the Architect shall perform the following:

a. make 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;

b. prepare change/ variation orders (CVOs), gather and turn over to the Owner written guarantees required of the Contractor and Sub-Contractors;

c. make 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 eight (8)-hour on-site supervision to check on the quality of the work involved and shall not be held responsible for the General 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 the Architect’s 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;

d. determine the amount owing and due to the Contractor and issue corresponding Certificates for Payment for such amounts based on his observation/s 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 the Architect’s 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;

e. 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 subject to the conditions provided in the 2010 SPP Document on Full -Time Supervision. When the Architect is requested by the Owner to do the full time supervision, his services and fees shall be covered separately in conformance with the applicable and appropriate 2010 SPP Document.

ART. 3 ARCHITECTS 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.

3.02 That payments to the Architect on account of the agreed Architect’s 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 Schematic Design Services, but not more than 15 days after submission of the Schematic Design to the Owner, a sum equal to fifteen percent (15.0%) of the Basic Fee, computed upon a reasonable estimated construction cost of the Project, less the amount paid under a.

c. Upon the completion of the Design Development Services, but not more than 15 days after submission of the Design Development Documents to the Owner, a sum sufficient to increase the total payments on the fee to forty percent (40.0%) of the Basic Fee computed upon the same estimated construction cost of the structure as in b.

d. Upon the completion of the Contract Documents Services, but not more than 15 days after submission of the Contract Documents to the Owner, a sum sufficient to increase the total payments on the fee to ninety percent (90.0%) of the Basic Fee computed upon a reasonable estimated construction cost of the structure as in b.

e. Within 15 days after the awards to the winning Constructor-bidder or bidders the payments to the Architect shall be adjusted so that it will amount to a sum equivalent to ninety percent (90.0%) of the Basic Fee, computed upon the lowest bona fide Bid or Bids or upon the winning Bid Price.

f. Progress Billing on the remaining ten percent (10.0%) of the Architect’s Fee based on the original Statement of Probable Project Construction Cost (SPPCC);

g. Upon completion of the work, the balance of the Architect’s fee computed on the Final Project Construction Cost (FPCC) of the Project shall be paid.

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; the Owner shall issue orders to the General Contractor only through the Architect;

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;

i. if the Owner observes or otherwise becomes aware of anything that may impair the successful implementation 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

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

5.04 Per Diem and Traveling Expenses

5.05 Extra Sets of Contract Documents

The Owner shall pay the Architect for additional sets of Contract 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 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, specifications and other building construction documents, in collaboration with other State-regulated professionals. These are sets of detailed instructions that shall serve as the basis for the General Contractor to implement the Project. 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. 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.

5.08 Different Periods of Construction

If portions of the building/s are erected at different periods of time, thus increasing the construction period and Architect’s burden of services, charges pertaining to services rendered during the Construction Phase shall be adjusted proportionately. When the suspension of construction exceeds a period of six (6) months, the fee for the remaining works shall be doubled.

5.09 Services of Specialist Consultants

5.10 Separate Services

Should the Owner require the Architect to design movable or fixed pieces of cabinets and other architectural interior (AI) elements, site development plan (SDP) components, urban design elements, and other items of similar nature, the Owner shall pay the Architect in addition to the Architect’s fee. The compensation shall be based on the Project Construction Cost as provided for under the 2010 SPP Document 203 and its applicable guidelines.

5.11 Fulltime Construction Supervision

Upon recommendation of the Architect and with the approval of the Owner, full-time construction supervisors as will be deemed necessary shall be engaged and paid by the Owner. If no Project/ Construction Manager is present, the full-time construction supervisor shall be under the technical control and supervision of the Architect and shall make periodic reports to the Owner and to the Architect regarding the progress and quality of the work done.

5.12 Estimates

5.13 Government Taxes and Services

5.14 Ownership of Documents

5.15 Cost Records

During the progress of work, the Owner shall furnish the Architect a copy of the records of expenses being incurred on the construction. Upon completion of the project, the Owner shall furnish the Architect a copy of the summary of all cost of labor, services, materials, equipment, fixtures and all items used at and for the completion of the construction.

5.16 Design and Placement of Signs

All signboards of the General Contractor, sub-contractors, jobbers and dealers that shall be placed at the project site during the progress of construction shall be approved by the Architect as to size, design and contents. After the completion of the project, the Owner or his building lessee shall consult the Architect for the design, size of all signboards, letterings, directories and display boards that will be placed on the exterior or public areas attached to the building project in order to safeguard the Owner’s interest. Nothing should be installed inside or outside of the building that would compromise its safety and aesthetics.

5.17 Project Construction Cost (PCC)

Project Construction Cost (PCC, reference Annex “A” of this Agreement, as supplied by the Architect and as herein referred to), means the cost of the completed building to the Owner, including the structure, plumbing/sanitary and electrical fixtures, mechanical equipment, elevators, escalators, air-conditioning system, fire protection system, alarm and clock 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 construction cost of other items planned and designed by the Architect, such as architectural interiors (AI) and site development plan elements and other items of similar nature, additionally planned / designed by the Architect are also part of the PCC.

The cost of materials used and the labor for their installation are part of the PCC. If these items are furnished by the Owner below its market cost, the cost of the material and labor shall nonetheless be computed on the basis of the current (and fair market value) costs.

The PCC does not include any of the fees for the Architect, the Engineer, the Specialist Consultants or the salaries of the construction inspectors.

5.18 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

ART.7 ARBITRATION

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.

____________________ ____________________

Owner Architect

SIGNED IN THE PRESENCE OF:

_______________________________ ________________________________

Republic of the Philippines)

City of ____________ ) s.s.

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. ____

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)

Probable Direct Project Construction Costs