C 

O  N  T  R  A  C  T     O  F     S  E  R  V  I  C  E  S

PROJECT                       :          
LOCATION                       :          
OWNER/DEVELOPER     :          
ARCHITECT                    :
           
           

This AGREEMENT, made and entered into this _____day of _______________ in the year Two Thousand and ______________ by
and between :

___________________________,  a corporation duly organized and existing under and by virtue of the laws of the Republic of the
Philippines, with principal office and place of business at ______________________________________________,  represented
herein by ____________________________, hereinafter referred to as the OWNER.

- and -

___________________________________,  an architectural office duly organized and existing under and by virtue of the laws of the
Republic of the Philippines, with principal office and place of business at  _______________________________________, 
represented in this act by its Principal Architect, ________________________, hereinafter  referred to as the ARCHITECT.

WHEREAS, it is the intention of the Owner and in the best interest of the project to secure the professional services of the
Architect for the proposed: _________________, hereinafter referred to as the PROJECT.

WHEREAS, the realm of the professional services of the Architect shall be based on the document published by United Architects
of the Philippines (UAP) under Architect’s National Code : Standards of Professional Practice.

NOW, THEREFORE, the OWNER and the ARCHITECT, for and in consideration of the foregoing premises of the covenants,
agreement and stipulation set forth, do hereby agree as follows:

ARTICLE 1    GENERAL STATEMENT

The OWNER finds it practical and expedient to engaged the ARCHITECT in the process of studying,
programming and analyzing the viability of the project.  Thereby, the client has commissioned the
ARCHITECT to perform services other than purely architectural or designing services.

ARTICLE 2    GENERAL SCOPE OF SERVICES

Hereunder are the scope of work to be done by the ARCHITECT, as  authorized by the OWNER, for the
subject project, herein referred to consists of PRE-DESIGN SERVICES.

2.1                       Economic Feasibility Studies

2.2                       Project Financing

2.3                       Architectural Programming

2.4                       Site Selection and Analysis

2.5                       Site Utilization and Land Use Studies

2.6                       Space / Management Studies

2.7                       Promotional Services

ARTICLE  3   DETAILED SCOPE OF SERVICES

3.1            Economic Feasibility Studies

3.1.a         The ARCHITECT shall conduct a study to determine the viability of a project such as its cost of
development versus its potential return to the Owner.  A detailed cost-benefit analysis can guide the
client and the Architect in selecting a more viable alternative plan.

3.1.b         He shall also prepare a detailed cost-benefit analysis that will guide the Owner in selecting a
more viable plan / project.

3.2             Project Financing

3.2.a         The ARCHITECT shall assist in the determination of requirements of lending agencies, income-
expense relationship and relative demand for different building types in actual financing negotiations.

3.3             Architectural Programming

3.3.a         The ARCHITECT shall investigate, identify and document the requirements of the client, for his
needs and use in the design of this project.

3.4             Site Selection and Analysis

3.4.a         The ARCHITECT shall assist the client in locating sites for the proposed project and evaluating
their adequacy with regards to topography, sub-surface conditions, utilities, development costs, climate,
population, legal considerations and other factors.

3.5             Site Utilization and Land Use Studies

3.5.a         The ARCHITECT shall prepare detailed analysis of the site to develop its potential  through the
proper utilization of the land.

3.6             Space / Management Studies

3.6.a         The ARCHITECT shall analyze the space requirements of the project based on organizational
structure and functional setup.  He shall consider the human behavior and transactional analysis to
pinpoint linkages and interactions of spaces.

3.6.b         The ARCHITECT shall also study the cover space use and space character analysis, work station
and space module design and a space program to serve as basis for architectural design.

3.7             Promotional Services

3.7.a         The ARCHITECT shall assist the OWNER in generating financial support and acceptance from
governing agencies or from the general public.
3.7.b         The ARCHITECT shall design promotional items like brochures, drawings, and the like.

3.7.c         The ARCHITECT shall produce and coordinate the additional activities necessary to complete
the services.

ARTICLE  4   ARCHITECT’S FEE AND MANNER OF PAYMENTS

4.1       That the OWNER agrees to pay the ARCHITECT a lumpsum  compensation package of the above
mentioned services of P_______________  or on a compensation computed on P _______per man hour
plus a multiplier of _______, to cover for the overhead on every technical man hour expended on the
project.

4.2        That the payment to the ARCHITECT/S are as follows:

    4.2.a     (Peso      in     words)  (P ___________) upon signing  of this agreement.

                

    4.2.b     That the OWNER agrees to make partial payments upon request of the ARCHITECT.

4.3       The Fees and manner of payments to the ARCHITECT shall be based in accordance with the
documents published by the United Architects of the Philippines (UAP)  Architect’s National Code :
Standards of Professional Practices under UAP Document 208 “Selection of the Architect and Method of
Compensation.”

ARTICLE  5   THE OWNER’S RESPONSIBILITIES

5.1       Provides the Architect with full information regarding the requirements of the Project, a
reproduction copy of the Torrens Title of the land and a copy of the topography of the site.

5.2       Be responsible and make certain the availability, programming and allocation of funds for the
payment of services to the Architect and his Consultants.

ARTICLE  6   ESTIMATES

Any statement of probable project construction cost or any cost estimate submitted by the Architect is
normally within the acceptable range of accuracy.  However, there can be no finality of cost because of
factors that the Architect has no control of, such as the fluctuation of cost of labor and materials, bank
interest rates and inflation rate and political situation in the locality and the many factors that go into
competitive bidding.  Furthermore, a substantial gap between the date of submission of the estimate
and the date of implementation of the project may affect the cost due to change of cost of materials and
labor.

ARTICLE  7   OWNERSHIP OF DOCUMENTS AND PROTECTION OF INTELLECTUAL PROPERTY

7.1          Pursuant to the principle and spirit in the enactment of Presidential Decree No. 49 on the
Protection of Intellectual Property dated November 14, 1972, the Work of architecture; ornamental
design; maps, plans, sketches and charts; scientific and artistic work as the creative conceptual designs
indicated or projected in the drawings and/or models or reports are and shall remain the property of the
Architect.

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

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

ARTICLE 8    SUCCESSORS AND ASSIGNS

The Owner and the Architect each bind themselves, their partners, successors, legal representatives, and
assigns to the other party to this Agreement and to the partners, successors, legal representatives and
assigns of such other parties in respect to covenants of this Agreement.  Except as specified, neither the
Owner nor the Architect shall assign, sublet, or transfer their interest to this Agreement without the
written consent of the other.

ARTICLE 9    ARBITRATION

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

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

IN WITNESS WHEREOF, the Parties to this Agreement have on the day and year first above given,
hereunto set their hands at the bottom of this page and on the right-hand margin of all the other pages
of this

Agreement by:                                                            by:

__________________________________        __________________________________
               O W N E R                                                 A R C H I T E C T                                  

 Signed in the Presence of:

__________________________________        __________________________________

Republic of the Philippines

City of _______________

            Before me, a Notary Public in and for the City of ___________ personally appeared Mr. __________ with Residence
Certificate no. ____________ on _______, 2000 at _______________ City and Architect _________________ with Residence
Certificate no. ________________ issued at __________ City on ________, 2000, both known to me and to me known to be the same
person who executed the foregoing instrument and acknowledged to me that the same is their free act and deed.

            In witness whereof, I have hereunto set my hand and affixed my Notarial seal this _______ day of ________ 2000   in the City
of  __________, Philippines.

                                                                                                ________________________

                                                                                                Notary Public

Architecture Contracts are the joint agreements between development partners and sponsors on the
deliverables, quality, and fitness-for-purpose of an architecture. Successful implementation of these
agreements will be delivered through effective architecture governance

By implementing a governed approach to the management of contracts, the following will be ensured:

 A system of continuous monitoring to check integrity, changes, decision-making, and audit of all
architecture-related activities within the organization
 Adherence to the principles, standards, and requirements of the existing or developing
architectures
 Identification of risks in all aspects of the development and implementation of the architecture(s)
covering the internal development against accepted standards, policies, technologies, and
products as well as the operational aspects of the architectures such that the organization can
continue its business within a resilient environment
  A set of processes and practices that ensure accountability, responsibility, and discipline with
regard to the development and usage of all architectural artefacts.

The traditional Architecture Contract is an agreement between the sponsor and the architecture function
or IS department. However, increasingly more services are being provided by systems integrators,
applications providers, and service providers, co-ordinated through the architecture function or IS
department. There is therefore a need for an Architecture Contract to establish joint agreements between
all parties involved in the architecture development and delivery.

Architecture Contracts may occur at various stages of the Architecture Development Method (ADM); for
example:

 The Statement of Work created in Phase A of Part II: Architecture Development Method (ADM) is
effectively an Architecture Contract between the architecting organization and the sponsor of the
enterprise architecture (or the IT governance function).
 The development of one or more architecture domains (Business, Data, Applications,
Technology), and in some cases the oversight of the overall enterprise architecture, may be
contracted out to systems integrators, applications providers, and/or service providers. Each of
these arrangements will normally be governed by an Architecture Contract that defines the
deliverables, quality, and fitness-for-purpose of the developed architecture, and the processes by
which the partners in the architecture development will work together.
 At the beginning of Phase G (the implementation governance phase), between the architecture
function and the function responsible for implementing the enterprise architecture defined in the
preceding ADM phases. Typically, this will be either the in-house systems development function,
or a major contractor to whom the work is outsourced.
o What is being "implemented" in Phase G of the ADM is the overall enterprise
architecture. This will typically include the technology infrastructure (from Phase D), and
also those enterprise applications and data management capabilities that have been
defined in the Applications Architecture and Data Architecture (from Phase C), either
because they are enterprise-wide in scope, or because they are strategic in business
terms, and therefore of enterprise-wide importance and visibility. However, it will typically
not include non-strategic business applications, which business units will subsequently
deploy on top of the technology infrastructure that is implemented as part of the
enterprise architecture.
o In larger-scale implementations, there may well be one Architecture Contract per
implementation team in a program of implementation projects.
 When the enterprise architecture has been implemented (at the end of Phase G), the ADM
defines an Architecture Contract between the architecting function (or the IT governance function,
subsuming the architecting function) and the business users who will subsequently build and
deploy business unit-specific application systems in conformance with the architected
environment.

It is important to bear in mind in all these cases that the ultimate goal is not just an enterprise architecture,
but a dynamic enterprise architecture; i.e., one that allows for flexible evolution in response to changing
technology and business drivers, without unnecessary constraints. The Architecture Contract is crucial to
enabling a dynamic enterprise architecture.

Typical contents of these three kinds of Architecture Contract are explained below.

Contract between Architecting Function and Business Users

This is a signed statement of intent to conform with the enterprise architecture, issued by enterprise
business users. When the enterprise architecture has been implemented (at the end of Phase G), an
Architecture Contract will normally be drawn up between the architecting function (or the IT governance
function, subsuming the architecting function) and the business users who will subsequently be building
and deploying application systems in the architected environment.

Typical contents of a Business Users' Architecture Contract are:

 Introduction and background

 The nature of the agreement
 Scope
 Strategic requirements
 Architecture deliverables that meet the business requirements
 Conformance requirements
 Architecture adopters
 Time window
 Architecture business metrics
 Service architecture (includes Service Level Agreement (SLA))

This contract is also used to manage changes to the enterprise architecture in Phase H.

Architecture Contracts (opengroup.org)

ARCHITECT PHILIPPINES: DESIGN CONTRACT FOR ARCHITECTS (thearchitectphilippines.blogspot.com)