OWNER ARCHITECT AGREEMENT FORM U A P Document 401 a
Owner/client : Attention
This will confirm our agreement for me to furnish professional services as architect of your Proposed
In accordance with the following terms and conditions:
I. GENERAL SCOPE OF ARCHITECTURAL SERVICES The ARCHITECT/s shall perform professional services, which can consist generally of the following: 1. Preliminary services include conferences with the client and inspection of building site. 2. Schematic design based on the requirements/needs of the Owner. 3. Preparation of Final Design Development drawings including perspective. 4. Preparation of Contract Documents consisting of the following:
4.1 Architectural Drawings and Details 4.2 Structural Drawings and Details 4.3 Electrical Drawings and Details 4.4 Sanitary and Plumbing Drawings and Details 4.5 Mechanical Drawings and Details if required 4.6 Specifications 4.7 Budgetary Cost Estimates
5. Periodic visits of Construction. (Note: 8-hour of full time supervision or construction management is not included but may be under separate contract)
II. ARCHITECT’S FEE The owner agrees to pay the Architect in accordance with the Architect’s National Code(UAP Doc. 202) a basic fee of _____ percent(%) of the total estimated project construction cost. However, the fee shall be adjusted up or down based on the final construction cost. However, the fee shall be adjusted up or down based on the final construction cost.
III. MANNER OF PAYMENT 1. Upon signing of this Agreement, the Owner-Client shall pay the Architect in the following manner: The amount of PESOS: _______________ (P___) as the minimum payment for Architect’s basic services. However, monthly retainer fees can be arranged and deducted from the total fees during the during the preparation of the different phases of the project up to completion of Contract Documents. 2. Upon completion of the preparation of schematic design phase up final design development drawings—30% of the Architect’s fee.
3. upon completion and submission of five (5) sets of sighed and sealed Contract Documents---50% of the Architect’s fee. (Equivalent to 85% of total fee). 4. During construction implementation (periodic visits) – balance of fee computed on the final Project Construction Cost. Time frame for construction implementation shall not be more than 1.3 of the time allotted for the project. Any extra time necessary for periodic observation will be renegotiated. 5. Upon request of the Architect, the Owner agrees to make partial payments during each of the various stages of work, provided that such payments are within the frame work of the payments outlined above.
IV. DELAYED PAYMENT Any payment due the Architect beyond 30 days from receipt of billing shall bear 2% interest per month.
V. DATA REQUIRED FROM THE OWNER All technical description of property, duly certified lot and vicinity plans, contour maps, etc. at a convenient scale and other relevant data will be furnished by the Client/Owner so that the design of the project can start immediately.
VI. CHANGES AND/OR REVISIONS Any changes and/or revisions requested by the Owner after approval of final design shall be subjected to compensation agreed by both parties but not less than man hour time charge plus materials used times a factor of 2.5.
VII. OWNERSHIP OF DOCUMENTS Contract documents shall remain the property of the Architect in accordance with RA 545 and PD 49 whether the design is executed or not. Additional copies when required will be for account of the Owner.
Very truly yours, _________________________________________ ________________________ Architect
OWNER ARCHITECT AGREEMENT FORM U A P Document 401 b
THIS AGREEMENT, made and entered into this ______ day of Two Thousand and Ten by and between ___________________________________________ with postal address at _______________________________________ the party of the First Part, hereinafter called the CLIENT, and ARCHITECT with postal address at __________________________________________________________the party of the second part, herewith after called the Architect. WITNESSETH, That whereas the OWNER intends to__________________________________ ______________________________________________________________________ _____________________________hereinafter called the PROJECT. NOW, THEREFORE, The Owner and the Architect, for and in consideration of the foregoing premises and the others covenants hereinafter named, agree as follows: ARTICLE 1.
SCOPE OF WORK
That the scope of work to be done by the Architect, as herein authorized by the Owner, for the subject project herein referred to consists of professional services for the following: 1.1 Site planning of the building or buildings including other concomitant structures, as may be determined by the Owner. 1.2 Designing of the______________________________________________ ______________________________________________________________ ARTICLE 2.
ARCHITECT’S BASIC SERVICES The Architect’s Basic Services consist of the following:
Preliminary Design Phase
a. The Architect shall consult with the Owner to ascertain the requirements of the Project and shall conform such requirements to the owner. b. He shall discuss to the Owner his budget for the said project for design consideration. c. He shall request to the Owner to submit the lot plan dully prepared and signed by a registered Geodetic Engineer. If possible Land Title included. d. The Architect shall make ocular inspection of the site to feel the surrounding. e. He prepares Preliminary Design studies leading to the recommended solution together with a general description of the Project for the approval by the Owner. f. He shall submit to the Owner a Statement of Probable Construction Cost base on Current Cost Parameter. 2.2
Design Development Phase (Preliminary Studies) 1. The Architect shall prepare the Design Development Documents consisting of plans, elevations and other Drawings and outline specifications; to fix and illustrate the size and character of the entire project in its essentials as to kinds of materials, type of structure. 2. He shall submit to the Owner a colored Perspective for visual idea of the Project. 3. He shall submit to the Owner the Client’s Confidential Information Record for final guideline in the preparation of Contract Document Phase.
Contract Document Phase (Final Working drawing) 1. The architect shall prepare from the approved Design development Documents, the Construction Drawing and specification setting forth in detail the work required for the architectural, structural, electrical, sanitary, mechanical, fire protection, service connected equipment and site work. 2. He shall prepare specifications describing type and quality of materials, finish, and manner of construction and the general conditions under which the project is to be constructed. 3. He shall furnish not more than five (5) complete sets of contract drawings, specifications and general conditions for purposes of building permit. 4. He shall keep the Owner informed of any adjustments to previous Statements of Probable Project Construction Cost indicated by changes in scope, requirements or Market conditions.
5. He shall assist the Owner in filling the required documents to secure approval of Government authorities having jurisdiction over the design of the project. 6. He shall provide complete working drawings and specifications to contractor for Bidding purposes and the Contractor pay the Architect for all Printed materials. 2.4
Construction Phase 1. The Architect shall prepare forms contract letting, documents for construction, including forms for invitation and instruction bidders and forms for bidder’s proposals. 2. He shall assist the Owner in obtaining proposals from Contractors and in awarding and preparing construction contracts. 3. To the extent provided by the contract between the Owner and the Contractor, he shall make decisions on all claims of the Owner and Contractor and on all matters relating to the execution and progress of the work or the interpretation of the Contract Documents. He shall check and approve samples, schedules, shop drawings and other submissions only for conformance with the information given by the Contract Documents, prepare change orders and assemble written guarantees required of the Contractors for submission to the Owner. 4. He will make periodic visits to the site to familiarize himself generally with the progress and quality of the work and to determine in general if the work is proceeding in accordance with the Contract Documents. He will not be required to make exhaustive or continues on-site inspections to check the quality of the work and he will not be responsible for the Contractor’s failure to carry out the construction work in accordance with the Contract Documents. During such visits and on the basis of his observations progress of the work, will endeavour to guard the Owner against defects and deficiencies in the work Contractors, and he may condemn work as failing to conform to the Contract Documents. 5. Based on his observations and the Contractor’s Application for Payment, he will determine the amount owing to the Contractor and he will issue Certificates for Payment in such amounts. These Certificates will constitute a representation to the Owner, based on such observations and the work has comprising the Application for Payment that the work has progressed to the point indicated.
By issuing a Certificate for Payment, the Architect will also represent to the Owner that, to the best of his knowledge, information and belief that, to the best of his knowledge, information and belief based on what their observations have revealed, the quality of the work is in accordance with the Contract Documents. They will conduct inspections to determine the dates of substantial and final completion and issue a final certificate for Payment. 6. The Architect shall provide a Project Engineers to act as full time supervisor, coordinators and to implement all the drawings in contract document as submitted by the architect.
The project Engineers shall do all works from bidding and all matter related to execution and progress of the work or interpretation of the Contract Documents with the direct monitoring by the architect at all time. ARTICLE 3.
ARCHITECT’S FEE AND MANNER OF PAYMENTS
3.01 That the CLIENT agrees of PROFESSIONAL FEES of _______ PERCENT OF THE TOTAL SITE DEVELOPMENT & CONSTRUCTION COST for the Architectural-Engineering and Master Planning for the development cost of the site. 3.02 That payments to the Architect on account of his fee shall be made by the Client as follows: a. Acceptance fee of _________ of the Professional Fees (P ________) upon signing of this Agreement before we proceed with further studies of the project and to cover the expenses being shoulder by the architect at the moment. b. Upon the completion of the Schematic Design Services, after submission of the Schematic Design to the Owner, a sum equal to _____________________, computed upon a reasonable estimated construction cost of the structure. c. Upon the completion of the Design Development Services, after submission of the Schematic Design to the Owner, a sum sufficient to increase the total payments on the fee to ________________ of the Basic Fee computed upon the same estimated construction cost of the structure. d. Upon the completion of the Contract Documents Services, after submission of the Contract Documents to the Owner, a sum sufficient to increase the total payments on the fee to _______________ percent of the Basic Fee computed upon a reasonable estimated construction cost of the structure. 3.03 Since the Construction Period is indefinite and no target period of accomplishment, the remaining amount shall for the Supervision Fees which shall be paid Monthly bases during the construction period of 8-12 months. ARTICLE 4. 4.01
THE CLIENT’S RESPONSIBILITIES
The Owner shall provide full information as to his requirements for the Project.
4.02 He shall designate, when necessary Project Engineer authorized to act in his behalf. He shall examine documents submitted by the Architect and render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect’s work. He shall observe the procedure of issuing orders to contractors only through Architect.
He shall furnish or direct the Architect to obtain at the Owner’s expense, a certified survey of the site, giving, as required, grades and lines of streets, alleys, payments, and adjoining property; rights of way, restriction, boundaries, and contours of the building site; locations, dimensions and complete data pertaining to existing buildings, other improvements and trees, full information as to available service and utility lines both public and private and boring test and pits necessary for determining sub-soil conditions. 4.04 He shall pay for structural, chemical, mechanical, soil mechanics or other tests and reports as may be required for the project. 4.05 He shall pay for design and consultancy services on acoustic, communication, electronic and other specialty systems as may be required by the Project. 4.06
He shall arrange and pay for such legal, auditing, and insurance counselling services and taxes as may be required for the Project or by the government.
He shall pay all reimbursable expenses incurred in the project as called for in Article 7 and all taxes (not including income tax) that the government may Impose on the Architect, as a result of the services rendered by the Architect, as a result of the services rendered by the Architect on the project whether the services were performed as an individual practitioner, as a partnership or as a corporation. 4.08 If the Owner observes or otherwise becomes aware of any defect in the Project, he shall give prompt written notice thereof to the Architect. ARTICLE 5.
PROJECT CONSTRUCTION COST
5.1.1 That the cost of the work or Project Construction Cost as herein referred to, means the cost of the completed structure to the Owner including plumbing and electrical fixtures, mechanical & air con equipments, generators, pumps, elevators, escalators, fire fighting equipment, automatic fire sprinklers system, communication and sound system elements attached to the building and all items indicated in the drawings, specified or designed by the Architect. Other items if designed and planned by the Architect, such movable closets, cabinets, pieces of furniture, covered walks, grotto, pools, landscaping and other items of similar nature are to be paid separately by the Owner to the Architect as stipulated in Art. 7.02. The Project Construction Cost, however, does not include any Architect’s fee or engineer’s fee or the salaries of the construction inspectors. When labor or materials are furnished by the Owner below its market cost, the cost of the work shall be computed upon such current market cost. ARTICLE 6.
BASIC FEE AND BASIC RATE
The “Basic Fee” and “Basic Rate” referred to in Article 3, applies to construction work done by a contractor or contractors on the basis of a sum contract or lump sum contracts. Construction work let on any cost-plus- fee
basis, or on any basis other than the lump sum contract basis, where the Architect has to render more than the regular or basic services shall be the subject of a special additional charge commensurate with the special services required. Such special charge shall be in addition to the Basic Fee provided herein. ARTICLE 7.
OTHER EXPENSES CHARGEABLE TO THE OWNER
7.1 Government Taxes on Services: The Architect’s Fee as stipulated in Article 3 is net to the Architect. Any tax that the government may impose on the Architect as a consequence of the services performed for the Project (exclusive of income tax) shall be Basic Fee provided herein. 7.2 Different Periods of Construction: that if portions of the building are erected at different periods of time, thus increasing the Architect’s construction phase period and burden of services, charges pertaining to services rendered during the construction phase shall be doubled. It is understood that a suspension of construction for a period of not exceeding six (6) months shall not be covered by this provision. 7.3 Separate Services: that if the Owner requires the Architect to design or plan movable closets, cabinets, pieces of furniture, covered walks, grotto, pools, landscaping and other items of similar nature, the Owner shall pay the Architect additional compensation in the amount of Fifteen Percent (15%) of the construction cost of the above work. 7.04 Other Professional Services: that the Architect’s fee includes normal structural, electrical, sanitary and mechanical engineering services, but not include services for survey, soil exploration and laboratory tests which are on the account of the Owner as stipulated in Article 4.04. Other services that may be need in order to complete the project such as acoustic engineers, mural painters, sculptors and interior decorators are to be recommended by the Architect for the Owner’s approval and cost for these services are to be paid by the Owner and not deductible from the Architect’s Fee. 7.05 Extra Sets of Contract Documents: that the Architect is to furnish the Owner five (5) sets of Drawings, Specifications and other Contract Documents. Cost for printing or reproduction of extra sets of Contract Documents when required by the Owner or his representatives is to be paid by the Owner. 7.06 Changes Ordered by Owner: if the Architect is caused extra drafting and other expenses due to changes ordered by the owner, after the approval of the preliminary design phase, the Architect shall be paid such expenses and services involved as per the agreed amount by both parties but not less than the amount equivalent to the direct cost of consultant fee and personnel salaries plus cost of material times a multiplier of 2.5. ARTICLE 9.
Since the Architect has no control over the cost of labor and materials, or competitive bidding, he does not guarantee the accuracy of any Statements of Probable Construction Cost, or any Semi-Detailed or Detailed Cost Estimates. ARTICLE 10. DESIGN AND PLACEMENT OF SIGN All signboards of contractors, sub-contractors, jobbers and dealers that will be placed at the job site during the progress of construction shall be approved by the Architect as to size, design and content. After the completion of the project, the Owner or his lessee shall consult the Architect in the design and size of all signboards, lettering, directories and display boards that will be placed on the exterior or public areas within the building, in order to guard the Owner’s interest that nothing will be installed in the building that would mar the function and aesthetics of the structure. ARTICLE 11. OWNERSHIP OF DOCUMENTS All designs, drawings, specifications and copies thereof, prepared and furnished by the Architect in connection with subject project pursuant to this Agreement, are instruments of professional service. As instruments of service they are the property of the Architect whether the work for which they are made may be executed or not, and are not to be reproduced or used on other work except by written agreement with the Architect. ARTICLE 12. ARBITATION All questions in dispute under this Agreement shall be submitted in accordance with the provisions of the Philippines Law of Arbitration and provided for in Art No. 876. The Parties to this Agreement hereby agree to full performance of the covenants Contained herein. IN WITNESS WHEREOF, the parties to this Agreement have on the day year first above given, hereunto set their hands at the bottom of this page and on the left-hand margin of All the other pages of this Agreement. By:
THIS AGREEMENT, made and entered into this ____ day of _________ NINETEEN HUNDRED and ____ by and between _____________________________________ with postal address at ________________________________________________________ The party of the second part, here in after called the CONSTRACTOR.
That the owner and the contractor, for and in consideration of the covenants, agreement and stipulation set forth, do hereby agree as follows:
ARTICLE 1. SCOPE OF THE WORK 1.01
The constructor, in consideration of the payment to be made by the owner to the Constructor of the sum of money hereinafter named, agrees to furnish all labor, materials, equipment, plants, tools and other facilities and the satisfactory and faithful performance of all the work necessary to commence and complete the project ready to use (except the works to be done by other parties hereto) as shown on the Drawings and described in the Specifications, instruction and other related documents as prepared by ____________ acting as and in these contract documents entitled the architect.
ARTICLE 2. TIME OF COMPLETIONA AND LIQUIDATED DAMAGES 2.01
The work stipulated in this Contract shall be completed “broom” clean and ready for use not later than _________.
As time is an essential element in this contract, the Constructor agrees to pay the owner the amount of __________ for each and every calendar day of delay (Sunday and holidays included) in which the constructors fails to complete the work beyond __________ the said payment to be considered as liquidated damages.
ARTICLE 3. THE CONRACT AMOUNT 3.01
The owner agrees that for and in consideration of the faithful performance by the Constructor of this contract, he shall pay to the Constructor, in a manner provided hereinafter, the amount of ______________________________ (P ).
It is expressly agreed by both parties that no change shall be made in the above mentioned contract amount as a result of any fluctuation in the cost of materials and/or labor, except those conditions as enumerated in art. 3.03.
should the Owner require the constructor to perform work over and above that required by this agreement and additional cost shall be added to the contract amount and, likewise, should be ordered to omit work as required by this agreement, the cost of work omitted shall be deducted from the contract amount. In either case, the cost of additions or reductions shall previously be mutually agreed upon in writing by both owner and constructor upon recommendation of the architect before execution.
Any payment due and payable to the constructor may be offset against any liquidated damage payable to the owner under this contract.
ARTICLE 4. PAYMENTS 4.01
Payments on account of this contract shall be made by the owner at the end of every month equivalent to ninety percent of the value of estimated work as computed by the architect using a basis of “breakdown of work and corresponding value” mutually agreed upon between the architect and the constructor prior the start of construction.
Should the Owner fail to pay within 30 days the sum of any certificate of the architect then due, the constructor shall receive in addition to the sum in the certificate, interest thereon, at the legal rate in force.
Final and full payment of the consideration herein above mentioned shall be made by the Owner to the constructor upon fulfilling the conditions set forth in the general conditions.
ARTICLE 5. THE CONTRACT DOCUMENTS The following documents prepared by the architects shall constitute and integral part of this contract as fully as if hereto attached or herein stated, except as otherwise modified by mutual agreement of parties: a. Architectural Drawings sheets b.
_____ _____ sheets
c. Electrical Drawing sheets
d. Plumbing (sanitary) Drawings sheets
e. Mechanical Drawings sheets
Plumbing (sanitary) Specifications
General Scope of Work
Schedule of Materials & Finishes
_____ pages _____ pages _____ pages
Supplementary & related Documents
ARTICLE 6. PERFORMANCE AND PAYMENT BONDS 6.01 The Constructor, within 15 days from signing of this Contract shall furnish the Owner Performance and Payment Bongs in the form of a surety bong acceptable to the Owner in the amount equal to thirty percent(30%) of the full contract price, conditioned for the faithful performance of the Contract and the satisfaction of obligations for materials used and labor employed on the work. These bonds shall be effective within a period of one (10 year after the acceptance of the work by the Owner.
ARTICLE 7. TAXES, LICENSES, PERMITS AND FEES 7.01
All taxes, licenses, permits and fees which may be due may be due to the local and/or national government on account of performance and completion of the work stipulated herein.