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PROFESSIONAL PRACTICE

R.A. 9266 – ARCHITECTURE ACT OF 2004


ARCHITECTURE is the art, science or profession of planning, designing & constructing buildings in
their totality taking into account their environment, in accordance with the principles
of utility, strength and beauty
ARCHITECT a person professionally & academically qualified, registered & licensed; with a Certificate of
Registration & Professional Identification Card issued by the PRBOA & the PRC, and
who is responsible for advocating the fair & sustainable development, welfare & cultural
expression of society’s habitat in terms of space, forms & historical context
RLA Registered & Licensed Architect
DTI Department of Trade & Industry
SEC Securities of Exchange Commission
ARCHITECT–OF–RECORD RLA who is directly responsible for the total design of the project for the
client; who has civil liability for the plans, specifications & contract doc.s
he/she has signed & sealed

ARCHITECT–IN–CHARGE RLA who is directly & professionally responsible & liable


OF CONSTRUCTION for the construction supervision of the project

CONSULTING ARCHITECT RLA who is professionally & academically qualified & with exceptional
or recognized specialization in any branch of Architecture

FOREIGN ARCHITECT Person not authorized to practice AR in the PH; unless PH Architects can practice
AR in their territory as well (RA 9266, Article IV, Sec. 27 – Reciprocity Requirements)

GENERAL PRACTICE The act of planning & AR’l designing, structural conceptualization, specifying,
OF ARCHITECTURE supervising & giving general administration to the erection, enlargement or
alteration of buildings

STRUCTURAL the act of conceiving, choosing & developing the type, disposition,
CONCEPTUALIZATION arrangement & proportioning of the structural elements of an AR’l work
giving due consideration to safety, cost-effectiveness, functionality & aesthetics

ARCHITECTURAL FIRM a sole proprietorship, a partnership or a corporation registered with the proper
government agencies

AUTHORSHIP author/s of a set of AR’l plans or specifications who are in charge of their
preparation, made by them personally or under their immediate supervision

SERVICE AGREEMENT a duly notarized written contract or equivalent public instrument stipulating the
scope of services and guaranteeing compensation of such services to be
rendered by an architect registered and licensed under this Act

IAPOA Integrated & Accredited Professional Organization of Architects; means the existing official
national organization of all architects of the Philippines in which all registered Filipino architects
shall be members without prejudice to membership in other voluntary professional associations

CONTINUING PROFESSIONAL a sustaining and progressive learning process that maintains, enhances,
DEVELOPMENT or increases the knowledge and continuing ability of architects

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PROFESSIONAL PRACTICE
PROFESSIONAL REGULATORY BOARD OF AR
Composed of (1) One Chairman; & (2) two Members appointed by PH Pres.
TERM OF OFFICE – (3) Three Years

QUALIFICATIONS
1) PH Citizen & Resident
2) B.S. Architecture CHED Accredited College in The Philippines or Abroad
3) Architect With a Valid Certificate of Registration & Professional Identification Card
& An Active Practitioner of Ten (10) Years
4) Not A Member of The School Faculty or Review Institution Teaching Architecture
Unless Officially Resigned from Such; For At Least Five (5) Years
5) Has Never Been Convicted of Any Crime Involving Moral Turpitude

POWER & FUNCTIONS OF THE BOARD


➢ Prescribe & adopt the rules & regulations ➢ Prescribe guidelines for the CPD program
➢ Supervise the registration, licensure & practice ➢ Prepare exam ; administer & release the results
➢ Administer oaths ➢ Approve, issue, limit or cancel temporary or special
➢ Issue, suspend, revoke, or reinstate the Certificate of permit to practice AR
Registration & the professional ID ➢ Ensure universities offering AR Course comply with
➢ Adopt an official seal of the Board; CHED requirements
➢ Monitor the conditions affecting the practice of AR ➢ Full computerization of the licensure examination
➢ Prescribe the Code of Ethical Conduct & SPP ➢ Discharge duties in enhancing the AR profession
➢ Hear & decide cases involving violations

EXAMINATION, REGISTRATION & LICENSURE


QUALIFICATIONS
1) Filipino citizen or qualified citizen of a foreign country OATH OF PROFESSION
2) Of Good Moral Character ➢ Required before any Board member, gov’t official, or
person authorized by law to administer oaths
3) B.S. AR Degree Holder from CHED accredited School
➢ At least 2 years DAE; certified by RLA
SUSPENSION OR REVOCATION OF COR
➢ AR’l Master’s Degree; Credits 1 year DAE
➢ Signed & sealed not prepared or supervised by him/her
4) No Criminal Offense on Moral Turpitude ➢ Paid extra money
➢ Falsely impersonated
EXAM SUBJECTS ➢ Aided in practice of unauthorized
1) History &Theory of AR; Planning Principles ➢ Rendering service without agreements
& AR’l Practice
2) Structural DS, Building Mat’ls, AR’l Specifications, SEAL, ISSUANCE & USE
Methods of Const’n & Utilities ➢ Unlawful to seal if after expiry or revoked
3) Urban DS & AR’l Interiors ➢ Not accept any plans not submitted in full accord w/
4) AR’l DS & Site Planning 9266
➢ Unlawful to sign/seal made under another architect’s
EXAM RATING supervision
➢ Weighted General Average Of 70% ➢ Intellectual property whether executed or not; unlawful
➢ No Grade Lower Than 50% In Any Subject without consent, to duplicate for repetition whether
partly or in whole
REPORT OF RATINGS ➢ Docs signed/sealed only by RLA
➢ Within 30 Calendar Days after Exam

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PROFESSIONAL PRACTICE

PRACTICE OF AR (Article IV)


Sec. 25 – AR REGISTRATION REQUIRED – No person shall practice or use title ‘Architect’ unless an RLA

Sec. 27 – RECIPROCITY REQUIREMENTS – Foreign citizen not allowed to take LEA


Unless PH citizens can practice AR in their resident nation as well

Sec. 28 – CPD – To maintain a professional organization that develops CPD for practicing Architects

Sec. 29–30 – PROHIBITION IN THE PRACTICE OF AR & PENAL CLAUSE

➢ Without being RLA or TSP holder


➢ Attempt/use other R/L/seal
➢ Forged evidence to obtain R/L/TSP
FINE of not less than 100 Thousand – 5 Million Pesos
➢ Impersonation
IMPRISONMENT 6 Months – 6 Years or BOTH
➢ Use revoked/suspended CoR / PIC / TSP
➢ Convey impression of being an Architect when not
➢ Use of plans/specs made without license

FINE of not less than 200 Thousand Pesos ➢ Perform service without first executing written
IMPRISONMENT Not Exceeding 6 Years or BOTH contract/service agreement

Sec. 37 – FIRM, COMPANY, PARTNERSHIP, CORPORATION, OR ASSOCIATION


1) Only RLA Filipino Citizens
2) RLAs At Least 75% of the Owners, Shareholders, Members Incorporators, Etc.
3) Responsible For Their Individual & Collective Acts As An Entity & As Provided By Law
4) Registered With The DTI / SEC & BOA / PRC

Sec. 38 – TEMPORARY / SPECIAL PERMITS – Foreign Nationals in the PH to perform professional services
as architects shall secure a special/temporary permit from the Board

➢ Reciprocity; PH citizens can also practice AR in their territory


➢ Expertise is necessary & advantageous to the country
➢ Required to work w/ a Filipino Counterpart (Filipino RLA)
➢ Special permit from PRC & DOLE secured by agency
➢ Professional Liability Insurance / Malpractice Insurance (Bond Form) – (Article IV, Sec. 39)

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PROFESSIONAL PRACTICE

THE VIRTUES OF AN ARCHITECT – MARCUS VITRUVIUS POLLIO


“May The Architect Be High-Minded;
Not Arrogant, But Faithful;
Just, And Easy to Deal With,
Without Avarice;
Not Let His Mind Be Occupied in Receiving Gifts,
But Let Him Preserve His Good Name with Dignity...”

UAP Doc. 200 – CODE OF ETHICAL CONDUCT


For Registered & Licensed Architects (RLA) & For Holders of Temporary / Special Permits Under R.A. No. 9266

THE ARCHITECT’S RESPONSIBILITIES IN RELATION TO THE PEOPLE

In Relations with the PUBLIC In Relations with the CLIENT

➢ Help conserve the community’s natural, historic, & ➢ Introduce Professional Services he/she is able to
Cultural Heritage; strive to improve the Environment perform
➢ No Free preliminary sketches or other services
➢ Promote & enhance the objectives & services of the ➢ Inform Client of the corresponding Professional Fees
Organization ➢ Advise Client against proceeding with any project due
to financial or legal conditions, even if such may mean
➢ Abide laws as a Good Citizen; comply with the Code the loss of a prospective commission to the Architect.
of Ethical & the Standards of Professional Practice ➢ Explain Estimates or cost of the work
➢ Consider Client’s Needs and the effects of his/her
➢ May exhibit his/her professional shingle outside his/her work upon the life and well-being of the
office, or display a project billboard w/ relevant public/community
information, and pictorial reproduction, in a modest ➢ Include in the agreement with the Client a clause
manner providing for negotiation, mediation/conciliation
and/or arbitration as alternative methods for the
➢ May write books, participate in any forum, or similar settlement of disputes.
assemblies, may receive remuneration or ➢ Meet the project’s Aesthetic & Functional
honorarium for such undertakings Requirements; Fit with The Client’s Budget.
➢ Undertake project construction where prepared plans
➢ No paid advertisement in endorsing any materials conform with related sections in SPP
of construction or building equipment ➢ Inform Client at all times work progress & issues that
may affect project quality & cost
➢ No self-laudatory, exaggerated, or misleading ➢ Carry out work without undue delay and within an
publicity agreed reasonable time limit
➢ Bill his/her Client based upon the Basic Minimum Fee
➢ Shall not solicit, nor permit to solicit, in his/her name prescribed under the SPP
advertisements or other support towards the cost of ➢ Shall not ask for any other returns in whatever form
any publication presenting his/her work from any interested source other than the Client.
➢ Unprejudiced & Honest Adviser, free to act in his/her
➢ Shall not deceive the public as to his/her professional Client’s best interests. Architect should inform the
competence or specialization unless supported Client on any financial or personal interest which would
relate to or affect the interest of the Client.

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PROFESSIONAL PRACTICE

In Relations with the CONTRACTOR


➢ No gifts, commissions, favors or free allied design service/s from any Contractor or Sub-contractor
➢ Furnishing clear, definite, & consistent information on all pertinent contract documents to avoid errors which may
cause financial disadvantage to Contractor or Owner
➢ Assist Contractor to fully understand the contents of the Contract Documents
➢ Prevent unnecessary delay & additional expense to the Contractor
➢ Reject material, equipment, or workmanship not in conformity with Contract Documents
➢ Inspect each work phase completed & in accordance with the documents to issue Certificates of Payment & the
final Certificate of Completion to the Contractor

In Relations with
MANUFACTURES, DEALERS, & AGENTS
➢ Not solicit free professional engineering/allied design or other technical services from manufactures or suppliers
➢ No gifts, commissions, fees, favors from agents or firms handling building materials or equipment
➢ All market discounts shall be credited to the client.

In Relations with COLLEAGUES & SUBORDINATES

➢ Abide by the Basic Minimum Fee from SPP ➢ Not undertake a commission for additions,
➢ Not render prof’l services without service agreement rehabilitation, or remodeling of any erected structure
➢ Not affix his/her signature & seal to any documents not undertaken previously by another Architect without
done under their direct personal supervision due notice
➢ Not undertake professional work unless the parties ➢ New Architect should limit advertisement or
shall have clearly agreed in writing to the terms of the claim only to the extent of the specific work
architectural commission he/she has done to the structure
➢ File a formal complaint with the designed body, if
substantial information verifies another Architect’s ➢ Build one’s professional reputation on the merits of
violation of this code his/her own service & performance & recognize &
give credit to others for professional work performed
➢ Not solicit any project already committed to another ➢ Abides by appropriate and effective internal procedures
Architect that enables the firm to function efficiently.
➢ Shall not, when offering services as an independent ➢ Provide fair compensation & suitable work
consultant, quote a fee without the invitation for environment to employees & subordinates
him/her to do so ➢ Unselfishly give one’s share in the transfer of
➢ Not maliciously or unfairly criticize, or discredit another technical knowledge & experience
Architect or the latter’s work ➢ Tutor & mentor, the young aspirants; facilitate their
➢ Not discriminate on grounds of race, national origin, professional advancement
age, gender, martial status, religion, or any disability ➢ Shall not, (in resigning or leaving one’s Architect-
which would hinder the performance of his/her Employer) without consent, take the designs, drawings,
professional work data, or other relevant materials even if personally
➢ Not associate or use one’s name that may negatively performed by him/her. Especially when confidentiality
affect himself/herself or the architectural profession of documents must be protected.

➢ Not join & have direct involvement in any AR’l ➢ Active involvement with the Integrated & Accredited
Competition Professional Organization of Architects (IAPOA)
➢ No Donation of professional services to obtain ➢ Continue to raise the standards of aesthetic
competitive advantage EXCEPT FOR CIVIC OR excellence, functional logic, architectural education,
RELIGIOUS PROJECTS research, training, and practice.
➢ Not take another architect’s ideas or Intellectual ➢ Promote the allied arts & contribute to the knowledge
Property of without express authority from the & capability of the construction and industry.
originating architect

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PROFESSIONAL PRACTICE
UAP DOC. 301 – GEN. CONDITIONS
SEC.01 – DEFINITIONS & DOC.S
ART. 01 – DEFINITIONS
CONTRACT DOCUMENTS

AGREEMENT the contract between the owner & the contractor undertaking the project described in the Contract
Documents including supplemental agreements, general & special provisions

DRAWINGS graphical presentations of the work involved in the project w/ supplementary details & shop drawings

GENERAL CONDITIONS printed documents stipulating the contract’s procedural & the administrative aspects

SPECIAL PROVISIONS instructions issued prior to the bidding to supplement and/or modify the drawings, specifications,
and/or General Conditions of the contract.

SPECIFICATIONS written or printed description of work to be done describing qualities of material & mode of const’n

KEY PLAYERS

OWNER orders the project for execution, including duly appointed successors, or authorized representatives

ARCHITECT commissioned by the Owner to act on his behalf

ENGINEER named in the Contract Documents or his representative duly authorized in writing to act for the engineer

PROJECT REPRESENTATIVE The Full-time Construction Inspector hired by the Owner duly authorized in writing
To assist Architect & Engineer in the supervision of the work

CONTRACTOR Person or firm’s accepted proposal which Contract was awarded

SUB-CONTRACTOR Anyone having a direct Contact with the Contractor who acts for or in behalf of the Contractor in
executing any art of the Contract, not including one who merely furnishes materials without labor.
BONDS
PROPOSAL BOND the cashier’s check or surety bond accompanying the proposal submitted by the bidder, as a
guarantee that the bidder will enter into a contract w/ the owner for the const’n of the work, if the
contract is awarded to him.

PERFORMANCE BOND the approved form of security furnished by the Contractor and his Surety as a guarantee of good
faith on the part of the contractor to execute the work in accordance with the terms of the contract.

PAYMENT BOND the approved form of security furnished by the contractor & his surety as a guarantee of good faith
on the part of the Contractor to pay all obligations arising from the contract.

GUARANTEED BOND the approved form of security furnished by the contractor & is surety as a guarantee to the quality
of materials & equipment installed & the workmanship performed by the Contractor
BID DOCUMENTS

PROPOSAL The offer of a Bidder to perform the work described by the Contract Documents
when made out & submitted on the prescribed Proposal Form, properly signed & guaranteed.

TENDER DOCUMENTS*** A submission made by a contractor in response to an invitation to tender; It makes an


offer for the supply of goods or services. Tender documents are prepared to seek offers.

ADVERTISEMENT or INVITATION TO BID – The notice published by the owner or the invitations issue to perspective
bidders, giving info to the nature of the proposed project, conditions for the
issuance of the contract documents date of bidding, & estimated cost or info that
would give the contractor a general idea of the magnitude & extent of the project

BID BULLETIN additional info on contract documents issued to bidders before date of bidding

INSTRUCTIONS TO BIDDERS stipulates how bids are to be prepared & conditions for the award of contract

SURETY Person, firm or corporation who provides the guarantee for the Contractor’s Bonds.

ACT OF GOD / FORCE MAJEURE includes cataclysmic phenomenon of nature and all misfortunes & accidents which human
prudence could not foresee or prevent; no reparation shall be made to the Contractor for
the damages to the work resulting therefore.

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PROFESSIONAL PRACTICE

SUMMARY UAP DOC 301 – GEN. CONDITIONS

12 Sqm One Room, Temporary Office at Site (Provided by Contractor) For Architect’s Use
50 Meters Trees & Other Plants Elsewhere That Are 50m Within Building Lines Issued by Arch’t
6” x 8” Progress Photographs, 8 Prints Dull Finish, (2 Copies for Each Exposure); To Accompany
Request For Payment; Contractor Delivers to The Arch’t
7th Day Contract Time Reckoning to commence on the 7th day From Receipt Of Notice To Proceed
10 Days Beginning, Suspending Or Resuming Of Work; Written notice to Arch’t at least 10 days prior
10 Days Request For Supply Of Owner–Furnished Materials, before actually needed
10 Days Contractor’s Liability Insurance; shall not be cancelled by insurance company
without 10 days written notice to Owner of Intention to cancel
15 Days Owner’s Right To Terminate Contract to Contractor or his surety; 15 days written notice
15 Days Prior To The Date of Bidding; Contractor Shall Submit a List of Prospective Sub-Contractors
For Arch’t’s Approval
15 Days Contract Sum Breakdown; To be submitted within 15 days from the receipt of Notice to Proceed
15 Days Contractor’s Right To Suspend Work Or Terminate Contract
upon 15 days written notice to Owner & Architect
15 Days after presentation If Arch’t fails to act upon request for payment
15 Days after Architect’s certification If Owner fails to act upon request for payment within
30 Days after its award by arbitrators Owners fails to pay Contractor the agreed sum within
90 Days – Work Stoppage or suspension through no fault of the Contractor or his employees

15 Days Disputes; Decision by Arch’t on All Claims of The Owner or Contractor Within 15 Days
15 Days Claim for extra cost; notice given to Arch’t w/in 15 days
15 Days Upon Contractor’s Request for Payment, Arch’t Shall Either Issue a Certificate of Payment Or
Withhold The Request of Payment
15 Days Upon Arch’t Issues Certificate of Payment; Owner Shall Pay Within 15 Days
15 Days Contractor Making Good of Known Defects or Faults
15 Days Request For Time Extension
3 Months Release of Retention by Owner Within 3 Months After the Date of Final Payment
60 Calendar Days (Not More Than) Period of Making Good of Known Defects or Faults
1 Year Correction after final payment; Contractor should remedy any defects (…)
within a period of one year from date of acceptance of work by Owner
Payments Over 65% Unless the Bills for Labor & Mat’ls Have Been Duly Paid by The Contractor
15% Performance Bond Provided by Contractor to Owner; In the Form of Surety Bond
15% Payment Bond Provided by Contractor to Owner; In the Form of Surety Bond
30% Guarantee Bond Another Term for Surety Bond; Contractor’s Guarantee Bond

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PROFESSIONAL PRACTICE

UAP Doc. 301 SUMMARY: RESPONSIBILTY OF THE:

OWNER ARCHITECT
➢ Prior to the start of the const’n, the Owner & the ➢ (At all times; w/ Owner & Representatives) have
Arch’t shall give a list of personnel to be covered access to the inspection of work
by insurance ➢ Furnish Supplementary Detail Drawings &
➢ (At all times; w/ Arch’t & Representatives) have Instructions; & Check its Discrepancies
access to the inspection of work ➢ (With Owner) Sched. For Submission Of Detail &
➢ furnish the contractor free of charge three (3) sets Shop Drawings
of Drawing & Specifications ➢ Checks Approval Of Submitted Names Of
➢ (with Arch’t) Sched. For Submission Of Detail & Proposed Manufacturers, Mat’l Men, & Dealers
Shop Drawings ➢ Gives Written Approval Of Sample Of Mat’ls Or
➢ Const’n Stakes & Reference Mark or transfer Mat’ls To Be Ordered
responsibility to Contractor w/ paid services ➢ Approve (In Writing) Trade Name Mat'ls &
➢ (in writing) order / inform changes in work Substitutes, Article, Or Process Required Under
➢ Right of owner to use completed portions of work Contract
➢ Right of owner to have separate contracts to other ➢ Designate location of Temporary Housing For
contractors Workers
➢ Approve temporary signs
➢ Owner’s Right To Terminate Contract; upon ➢ Condemn defective work at any time
certificate of Arch’t, 15 days’ written notice if
Contractor: ➢ Architect Status / Authority:
▪ Declares Bankruptcy ▪ He is the Owner’s representative during the
▪ Disregard or violate provisions of the const’n period & he shall observe the work in
Contract Doc.s or Arch’t’s Instructions, or the process on behalf of the Owner
fail to the agreed sched. of Completion ▪ to act on behalf of the Owner only to the extent
▪ Fail to provide a qualified superintendent, expressly provided in the Contract Documents
competent workmen or sub-contractors, or or otherwise in writing, which shall be shown
proper materials. to the Contractor
▪ Fail to make prompt payment to sub-cons, ▪ to stop the work whenever such stoppage may
workmen or mat’l dealers be necessary in his reasonable opinion to
insure the proper execution of the Contract
ENGINEERS ▪ He is the Interpreter of the conditions of the
➢ be solely responsible for their professional contract and the judge of its performance, he
services shall side neither with the Owner nor with the
➢ assist the Arch’ts in the gen. supervision & Contractor
direction of the work where their prof’l services are ▪ In case of the termination of the employment
concerned. of the Architect, the Owner shall appoint a
➢ inspect the work for conformance with the capable & reputable Architect, whose status
approved Drawings & Specifications & shall report under the Contract shall be that of the former
to the Architect any discrepancy Architect; any dispute in connection with such
appointment shall be subject to arbitration

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PROFESSIONAL PRACTICE

CONTRACTOR
➢ Expected to have visited project site Before bidding & awarding contract
➢ secure & maintain Liability Insurance & fire insurance, or such from an insurance company
➢ prior to signing the Contract, shall furnish a 15% Performance Bond & a 15% Payment Bond in the forms of
sureties approved by Owner; in effect until replaced by the Contractor’s 30% Guarantee Bond.
➢ (If owner transfers & charges such services) Const’n Stakes & Reference Mark
➢ (When required) pay for services & furnish Surveyor’s Certification
➢ Have 1 copy (at site) of all drawings, specifications, etc.
➢ Check Drawings of Sub–Contractors
➢ Employ competent & efficient workforce / workmen
➢ submit 3 sets of shop drawings to Arch’t for approval
➢ submit to Arch’t as many mat’l samples needed for testing (Testing Samples of Mat'ls)
➢ pays the shipment, delivery, handling, & testing of samples
➢ transactions with manufacturers, or sub-contractor
➢ provide them w/ complete info from spec’s & Drawings
➢ (in writing) give architect claims for extra cost
➢ make arrangements for the purchase & delivery of imported materials, fixtures, appliances & equipment
➢ liable for material loss or damage
➢ Pays for royalty & patent fees
➢ allot space to sub-contractor for mat’l storage, shed, tool houses, & Temporary office for Arch’t

➢ Provide Temporary:
▪ Sanitary Facilities & First Aid Station ▪ Elevators & Hoists; install & operate an adequate
▪ Barricades & Guard Lights number of such
▪ Water, Power & Telephone Facilities ▪ Roadways
▪ Stairs, Ladders, Ramps & Runways; ▪ Enclosures; all exterior doors w/ self-closing
Furnish & maintain hardware & padlocks; All exterior windows with
temporary sash frames
➢ Removal of temporary structure; Carefully pile old materials & clean the premises erected by him
➢ Safeguard Measures
▪ put up ad; make good any damage, injury or loss
▪ provide reliable & competent watchmen on site
▪ provide barrels of water & fire buckets on premises for fire protection
▪ provide adequate number of fire extinguishers
➢ (Own expense) Transfer / transplant trees & other plants required within 50 meters from building line
➢ Protect adjacent property & existing utilities; damages repaired at his expense
➢ Protect Life, Work & Property During An Emergency; Permitted to act, w/o authorization from Arch’t or
Owner
➢ enforce the Architect’s Instructions regarding signs, advertisements, fires & smoking
➢ shall not obstruct the premises w/ his mat’ls
➢ pay workmen employed by him on his project such rates as are provided by existing laws
➢ (in writing; to owner) inform the workmen or furnished mat’ls have been duly paid
➢ right to request, w/ valid reason, extension of time
➢ pay owner for liquidated damages if failure to complete the said contract on time
➢ submit schedule of completion to arch’t
➢ secure the final occupancy permit
➢ abide by Architect’s & Engineer’s judgments on Quality of equipment
➢ if required, shall deliver to Owner a complete release of liens arising out of the Contract, &, if required, an
affidavit that he has knowledge on the release & receipts on labor & mat’ls

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PROFESSIONAL PRACTICE

(Continuation) CONTRACTOR

➢ Submit Other Requirements Before Final Payment:


▪ Certificate of Final Building Occupancy
▪ Certificate of Final Inspection of utilities
▪ 3 sets of “As-Built Drawings” prints
▪ 3 copies of Directory of Panel Boards and list of circuits
▪ 3 copies of instructions & manual for operating & maintaining of fixtures & equipment.
▪ 3 copies of keying Schedule
▪ Guarantee bond; 30% of the Contract Price covering 1 year after the final acceptance of the work

➢ Contractor’s Guaranty–Warranty
▪ secure warranties from sub-contractors & deliver copies to the Owner upon completion of work
▪ warrant all work performed by him directly & for which guarantee are required

➢ Contractor’s Right To Suspend Work Or Terminate Contract; upon 15 days written notice to the owner
and the Architect for any of the following reasons:
▪ Work stopped or suspended for 90 days through no act or fault of the contractor or his employees
▪ Arch’t fall to act upon any Request for payment within 15 days after it’s in accordance w/ the gen.
Conditions of the Contract
▪ Owner fall to act upon any request for payment or certificate of payment within 15 days after its
certification by the Architect.
▪ Owner fail to pay the contractor within 30 days after its award by arbitration
▪ Contractor is compelled to suspend work due to hardships or difficulties under b, c, & d above

➢ The Contractor Agrees


▪ To be bound to the Sub-contractor by all the obligations that the Owner assumes to the Contractor
under the Agreement
▪ To pay the Sub-contractor, upon the issued payment of certificates
▪ To give the Sub-contractor an opportunity to be present and to submit evidence in any arbitration
involving his rights

SUB– CONTRACTOR
➢ The Sub–Contractor Agrees
▪ To be bound to the Contractor by the Terms of Agreement, etc.
▪ To submit to the Contractor application for payment
▪ To make all claims for extras, for extensions of time & for damages for delays or otherwise, to the
Contractor

ARBITRATION
➢ All disputes, claims or questions subject to arbitration shall be filled in writing, & a copy filed with the
Architect
➢ When formal arbitration is requested, a Board of arbitration shall be formed. The Owner & the Contractor
shall each appoint one member of his board & these members shall appoint a third member who shall act
as chairman. This Board may engage experts to act in an advisory capacity. Minutes shall be kept off all
meetings & signed by all members of the board. Decisions of the board shall require only a simple majority
& all interested parties shall be informed thereof
➢ It is mutually agreed that the decision of the arbitrators shall be a condition precedent to any right of legal
action that either party may have against the other
➢ The Contractor shall not cause a delay of the work during any arbitration proceedings, except by
agreement within the Owner

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PROFESSIONAL PRACTICE
ART. 02 – EXECUTION, CORRECTION, PERMIT & LICENCES
& INTENT OF DOC.S to be secured; required fees paid by the Contractor or be reimbursed by
the Owner. The Contractor shall also secure the final occupancy permit
SIGNATURE ON DOCUMENTS – signed in quintuplicate
(5 Copies) by the owner and the contractor duly witnessed TAXES
Wherever the law of the place of building required sales, consumer, use,
INTENT OF CONTRACT DOC – the complete work that the Contract is to or other similar tax related or pertinent only to the construction of the
undertake to comply with the contract. project, the Contractor shall pay such tax.

CONFORMITY TO THE CONTRACT DOC CONST’N STAKES & REFERENCE MARK


All work shall conform to the Contract Documents. The Owner is responsible for such or transfer responsibility to Contractor
w/ paid services.
CONTRACTOR DOCUMENTS AT SITE OF WORK
one copy each of all drawings, specifications, etc. SERVICES OF LICENSED SURVEYOR
The Contractor shall pay for services & furnish Surveyor’s Certification of
OWNERSHIP OF CONTRACT DOC. & MODELS a licensed surveyor when required
are the property of the Architect
FINAL CERTIFICAION
ART. 03 – DRAWINGS & SPECIFICATIONS shall be submitted upon completion of work, or upon completion of any
section of work
COPIES OF DRAWINGS & SPEC.S
The Owner shall furnish the contractor free of charge three (3) sets SEC.03 – EQUIPMENT & MATERIALS

COORDINATION OF DWG.S & SPEC.S ART. 08 – GENERAL


All drawings & models are intended to cooperate w/ the Specifications as ➢ All mat’ls & equipment must conform to all laws, ordinances
part of the Contract Documents regulations & bldg. codes
➢ The contractor shall obtain the necessary permits & pay the
CLARIFICATION OF MEANING – Examined by Contractor required fees

DISCREPANCIES IN DRAWINGS ART. 09 – EQUIPMENT


Architect’s decision shall govern; & followed by Contractor
QUALITY OF EQUIPMENT
ART. 04 – DETAIL DRAWINGS & INSTRUCTIONS ➢ In the detailed Specifications, referred by name & catalog
number
SUPPLEMENTARY DWG & INSTRUCTIONS ➢ Contractor shall abide by Architect’s & Engineer’s judgments
The Architect shall furnish such additional detail drawings and
instructions. EQUIPMENT APPROVAL DATA
➢ Contractor shall furnish three copies of complete catalog data to
SCHED. FOR SUBMISSION OF DETAIL & SHOP DRAWINGS be used in the work
Contractor & Arch’t, shall jointly prepare such ➢ Contractor shall insure that Items to be furnished fit the space
available
ART. 05 – SHOP DRAWINGS ➢ Contractor shall install equipment to operate properly

CONDITIONS IN THE PREPARATION – The Contactor shall prepare & ART. 10 – MAT’LS, FIXTURES, APPLIANCES &
submit at his own expense 2 copies of shop drawings FITTINGS FURNISHED BY CONTRACTOR

CHECKING DWG OF SUB- CONTACTORS – the Contractor shall check MANUFATURERS & DEALERS
drawings of all sub- contractors ➢ Names of proposed manufacturers, mat’l men, & dealers are
submitted to the Arch’t for approval
IDENTIFICATION – Shop drawings numbered consecutively & represent ➢ All transactions with manufacturers, or sub-contractor, shall be
dimensions; sectional views; details & information; materials & finishes through the Contractor
detail ➢ the Contractor shall provide manufacturer or dealer w/ complete info
from spec’s & Drawings
LETTER OF TRANSMITTAL – Submission of shop drawings
accompanied by a letter of transmittal in duplicate, containing project SAMPLES OF MAT'LS
name. Contractor’s name, number of drawings, titles, & other pertinent shall not be ordered until approval is received in writing from the Architect
data.
TRADE NAME MAT'LS & SUBSTITUTES
CORRECTIONS, CHANGES & VARIATIONS – The Contactor shall No substitution shall be made for any material, article, or process required
submit three sets of shop drawings to Architect for approval under Contract unless approved in written by the Architect.

RESPONSIBILITY OR ACCURACY TESTING SAMPLES OF MAT'LS


Approval of shop drawings will be general ➢ Contractor shall submit to the Arch’t as many samples as may be
needed for testing
SEC.02 – LAWS, REGULATIONS, SITE ➢ All cost for shipment, delivery, handling, & testing of samples are to
CONDITIONS, PERMITS & TAXES be paid by the Contractor

ART. 06 – LAWS, REGULATIONS, QUALITY OF MAT'LS


& SITE CONDITIONS Unless otherwise specified, all material shall be new.

LAWS AND REGULATIONS – Contractor’s general compliance STORAGE & STOCKPILING OF MAT'LS
The Contractor shall allot space to sub-contractor for mat’l storage, shed
SITE CONDITIONS – Before bidding & awarding contract; Contractor is & tool houses
expected to visit the project site
DEFECTIVE MAT'LS – No defective materials, shall be used until
approval has been given
ART. 07 – PERMITS, TAXES & SURVEY
IMPORTED MAT'S, FIXTURES & EQUIPMENT

Page 11 of 38
PROFESSIONAL PRACTICE
The Contractor responsible for making arrangements for the purchase & TREES & OTHER PLANTS – Existing ones shall be boxed & protected
delivery of imported materials, fixtures, appliances & equipment from damage. None shall be cut or removed w/o Arch’t & Owner approval
➢ Contractor at his own expense shall transplant elsewhere w/in
ART. 11 – MAT'LS, EQUIP., FIXT'R, APPLIANCES fifty(50) meters from bldg. lines
& FITTINGS FURNISHED BY THE OWNER
➢ Contractor liable for mat’l loss or damage DRAINAGE – the Contractor shall provide

ART. 12 – ROYALTIES & PATENTS ART. 17 – PROTECTION OF ADJACENT


➢ To be paid by the Contractor PROPERTY & EXISTING UTILITIES

ART. 13 – MANUFACTURER’S DIRECTIONS CONTRACTOR’S SOLE RESPONSIBILITY


➢ The Contractor shall submit specified number of copies of such The contractor shall protect adjacent properly
to the Architect
EXISTING UTILITIES – if damaged due to negligence or fault of the
SEC.04 – PREMISES & TEMPORARY STRUC. Contractor, shall be repaired by him at his expense.

ART. 14 – USE OF PREMISES ART. 18 – PROTECTION OF LIFE, WORK &


PROPERTY DURING AN EMERGENCY
LIMITATION OF USE – The Contractor shall not unreasonably obstruct
the premises w/ his mat’ls AUTHORIZATION OF CONTRACTOR – In an emergency; the
Contractor, w/o authorization from Arch’t or Owner, Is permitted to act
SAFEGUARD FOR STRUCTURE
➢ The Contractor shall not permit to load the struc. w/ a weight that will SEC.06 – LABOR, WORK, & PAYMENTS
endanger its safety
➢ The Contractor shall enforce the Architect’s Instructions regarding ART. 19 – LABOR
signs, advertisements, fires & smoking.
CHARACTER OR WORKMEN – The Contractor shall employ only
ART. 15 – TEMPORARY STRUC. & FACILITIES competent & efficient workforce

TEMPORARY OFFICE & CONTRACTOR’S BLDG. SUPERINTENDENCE & SUPERVISION


➢ The Contractor shall provide temporary office The Contractor must be a licensed engineer or architect acceptable to the
➢ One room; approx. 12 sqm for Architect’s use Architect who will supervise the work personally & inspect at least once a
week
TEMP. HOUSING FOR WORKERS – Designated by Architect
ART. 20 – WORK
TEMP. SANITARY FACILITIES & FIRST AID STATION
Provided by Contractor METHODS & APPLIANCES – Contractor shall use
LAYING OUT THE WORK – By the Contractor
TEMP. BARRICAES & GUARD LIGHTS
➢ Contractor shall furnish INSPECTION OF WORK – Owner, Arch’t & their representatives shall at
all times have access to the work
TEMP. WATER, POWER & TELEPHONE FACILITIES – Provided by
Contractor DEFECTIVE WORK – May be condemned by the Arch’t at any time

TEMPORARY SIGNS – with Architect’s approval WORK DURING EMERGENCY – The Contractor shall perform any work
during an emergency endangering life or property
TEMP. ROADWAYS – Contractor shall construct
INCREASED OR DECREASED QUANTITIES OF WORK
TEMP. STAIRS, LADDERS, RAMPS & RUNWAYS Adjustments of Drawings to suit field conditions unforeseen at the time of
➢ The Contractor shall furnish and maintain calling for bids is necessary during construction

TEMPORARY ELEVATORS & HOISTS – The Contractor shall install CHANGES IN THE WORK
&operate an adequate number of hoists & elevators ➢ Shall be ordered by the Owner in writing
➢ Changes in sub-surface conditions are permitted by the Arch’t w/ the
TEMPORARY ENCLOSURES approval of the Owner
➢ The Contractor shall provide All exterior doors be equipped w/ self- ➢ Adjustments of contract can be modified
closing hardware & padlocks
➢ All exterior windows with temporary sash frames CLAIMS FOR EXTRA COST – by the Contractor & shall give the
Architect written notice thereof
TEMPORARY / TRIAL USAGE – by the Owner of any mech’l device, or
any work under Contract before final completion & written acceptance by CLEAN–UP AT COMPLETION OF WORK – By the Contractor
the Architect
USE OF COMPLETED PORTIONS OF WORK – Right of the Owner
REMOVAL OF TEMPORARY STRUCTURE
➢ The contractor shall do so & clean the premises erected by him CERTIFICATE OF COMPLETION OF WORK – By notice from the
Contractor; inspection & Certificate of Completion issued by Arch’t
SEC.05 – PROTECTION OF WORK & PROPERTY
PERIOD OF MAKING GOOD OF KNOWN DEFECTS OR FAULTS
ART. 16 – DEFINITIONS A period of not more than 60 Calendar Days

SAFEGAURD MEASURES – The Contractor shall: MAKING GOOD OF KNOWN DEFECTS OR FAULTS – By the
➢ put up ad; make good any damage, injury or loss Contractor shall execute at his own expense all work necessary for
➢ provide reliable & competent watchmen on site making good of known faults Within 15 Days
➢ provide barrels of water & fire buckets on premises for fire protection
➢ provide adequate number of fire extinguishers SEARCH FOR CAUSES OF DEFECTS OR FAULTS – By the
Contractor, if required by the Architect in writing; repair, rectify & make
OLD MATERIALS – Contractor shall carefully pile good such defect, imperfection or fault at his own expense

Page 12 of 38
PROFESSIONAL PRACTICE
ART. 21 – TIME OF COMPLETION OF WORK ➢ STORAGE OF MATERIALS AND WORK COORDINATION
➢ CUTTING, PATCHING AND DIGGING
NOTICE TO PROCEED – shall be given to the contractor. He shall begin ➢ DEFECTIVE WORK BY SEPARATE CONTRACTORS
& the work regularly & uninterruptedly, to secure its completion within the
➢ DAMAGE CAUSED BY CONTRACTOR TO SEPARATE
time stated in the contract
CONTRACTORS
SCHEDULE OF COMPLETION – to be submitted by the Contractor
ART. 25 – SUB–CONTRACTS
EXTENSION OF TIME – Contractor’s request allowed w/ valid reason
LIQUIDATED DAMAGES – failure to complete the said contract on time, COMPETECY OF SUB-CONTRACTOR: At least 15 days prior to the
the Contractor shall be required to pay the Owner the liquidated damages date of bidding, the Contractor shall submit to the Architect a list of his
in the amount stipulated in the Contract Agreement prospective sub-contractors for approval.

ART. 22 – PAYMENTS CONTRACTOR’S RESPONSIBILITY – to the Owner for the acts &
omission of his sub-contractors; directly or indirectly employed by them
DETAILED BREAKDOWN OF CONTRACT AMOUNT
By Contractor, within 15 days from the receipt of Notice to Proceed ART. 26 – CONTRACTOR-SUB-CONTRACTORS RELATIONS

REQUEST FOR PAYMENTS (for work done) THE CONTRACTOR AGREES


➢ To be bound to the Sub-contractor by all the obligations that the
PROGRESS PHOTOGRAPHS TO ACCOMPANY REQUEST FOR Owner assumes to the Contractor under the Agreement
PAYMENT – Furnished by the contractor; 6”x8”photographs, 8 prints dull ➢ To pay the Sub-contractor, upon the issued payment of certificates
finish, (2 copies for each exposure) delivered to the Architect ➢ To give the Sub-contractor an opportunity to be present and to
submit evidence in any arbitration involving his rights
ARCHITECT’S ACTION ON A REQUEST FOR PAYMENT
Within 15 days of Contractor’s Request for Payment, Arch’t shall either THE SUB-CONTRACTOR AGREES
issue a Certificate of Payment or withhold the Request of Payment. ➢ To be bound to the Contractor by the Terms of Agreement, etc.
➢ To submit to the Contractor application for payment
CONDITIONS RELATIVE TO CERTIFICATES OF PAYMENTS ➢ To make all claims for extras, for extensions of time and for
The Architect shall estimate the value of work accomplished by the damages for delays or otherwise, to the Contractor
Contractor
CONTRACTOR & SUB-CONTRACTOR AGREE THAT
OWNER’S ACTION ON AN APPROVED REQUEST FOR PAYMENT In the matter arbitration, their rights, obligations, & all procedure be
OR CERTIFICATE OF PAYMENTS – Owner shall pay Within 15 days similar to those set forth in the contract
from the Certificate of Payment issued by the Architect
SEC.08 – SUSPENSION OF WORK &
PAYMENT OF CONTRACTOR’S OBLIGATIONS TERMINATION OF CONTRACT
The Contractor shall pay workmen employed by him on his project such
rates as are provided by existing laws & shall furnish the Owner with a ART. 27 – CONTRACTOR’S RIGHT TO SUSPEND WORK
statement that the workmen or furnished materials have been duly paid. OR TERMINATE CONTRACT
By the contractor; upon 15 days written notice to the owner and the
PAYMENTS OVER 65 PERCENT – Unless the bills for labor, & all bills Architect for any of the following reasons:
for materials have been duly paid by the Contractor
a) Work stopped or suspended for 90 days through no act or fault of
CORRECTION OF WORK BEFORE FINAL PAYMENT the contractor or his employees
By the Contractor & without expense to the owner b) Arch’t fall to act upon any Request for payment within 15 days
after it’s in accordance w/ the gen. Conditions of the Contract
OTHER REQUIREMENTS BEFORE FINAL PAYMENT c) Owner fall to act upon any request for payment or certificate of
The Contractor shall submit (aside from those provided in the Contract payment within 15 days after its certification by the Architect.
Document) the following before the final payment if made. d) Owner fail to pay the contractor within 30 days after its award by
arbitration
➢ Certificate of Final Building Occupancy e) Contractor is compelled to suspend work due to hardships or
➢ Certificate of Final Inspection of utilities difficulties under b, c, & d above
➢ 3 sets of “As-Built Drawings” prints
➢ 3 copies of Directory of Panel Boards and list of circuits ART. 28 – OWNER’S RIGHT TO TERMINATE CONTRACT
➢ 3 copies of instructions & manual for operating & maintaining of The Owner, upon certificate of Arch’t, 15 days’ written notice, to
fixtures & equipment. terminate Contractor’s contract if he:
➢ 3 copies of keying Schedule ➢ Declares Bankruptcy
➢ Guarantee bond; 30% of the Contract Price covering 1 year after the ➢ Disregard or violate provisions of the Contract Doc.s or Architect’s
final acceptance of the work Instructions, or fail to the agreed sched. of Completion
➢ Fail to provide a qualified superintendent, competent workmen or
ACCEPTANCE & FINAL PAYMENT – the Architect shall verify the work; sub-contractors, or proper materials.
make final estimates; & certify the completion of the work ➢ Fail to make prompt payment to sub-cons, workmen or mat’l dealers
Acceptance of the final payment shall constitute a waiver of all claims by
the Contractor ART. 29 – OWNER’S RIGHT TO PROCEED WORK AFTER
TAKEOVER FROM CONTRACTOR
CORRECTION OF WORK AFTER FINAL PAYMENT – By Contractor
USE OF MAT’LS & EQUIPMENT AT SITE – The Contractor, upon
RELEASE OF RETENTION – the amount retained by the Owner shall be receiving notice of the termination of contract, shall vacate possession &
released within 3 months after the date of final payment deliver the said work, or the parts thereof, peaceable to the owner

SEC.07 – CONTRACTOR – SEPARATE CONTRACTOR; OWNER TO COMPLETE WORK – The Owner shall then take over for
SUB–CONTRACTOR RELATIONS the completion of the work as may be required.

ART. 23 – SEPARATE CONTRACTS TO OTHER CONTRACTORS EVALUATION OF COST OF WORK – upon Contract termination, the
The Owner’s Right to let other contracts Architect will ascertain & fix the value of the work completed

ART. 24 – CONTRACTOR-SEPARATE CONTRACTORS RELATIONS


Page 13 of 38
PROFESSIONAL PRACTICE
In case of suspension of work, all unpaid work executed including the final payment, except as expressly stipulated otherwise in the case of
expenses incurred during suspension shall be evaluated by the architect faulty or materials, & shall be adjusted by agreement or arbitration.
& charged to the owner
DISPUTES – The Architect shall make a decision on all claims of the
OWNER’S RIGHT TO RECOVER LIQUIDATED DAMAGES Owner or Contractor within 15 Days

SEC.09 – RESPONSIBILITIES & LIABILITIES ARBITRATION


FOR ACCIDENTS & DAMAGE ➢ All disputes, claims or questions subject to arbitration shall be filled
in writing, & a copy filed with the Architect.
ART. 30 – CONTRACTOR’S RESPONSIBILITY ➢ When formal arbitration is requested, a Board of arbitration shall be
FOR ACCIDENTS & DAMAGE formed. The Owner & the Contractor shall each appoint one member
of his board & these members shall appoint a third member who
SAFEGUARDS TO BE UNDERTAKEN BY CONTRACTOR shall act as chairman. This Board may engage experts to act in an
➢ The Contractor shall take all necessary precautions for the safety of advisory capacity. Minutes shall be kept off all meetings & signed by
employees and workmen on the work, and the comply with laws all members of the board. Decisions of the board shall require only a
➢ Contractor shall erect & maintain barriers, shoring, supports, braces simple majority & all interested parties shall be informed thereof.
lights, danger signs & necessary safeguards ➢ It is mutually agreed that the decision of the arbitrators shall be a
condition precedent to any right of legal action that either party may
CONTRACTOR’S RESPONSIBILITY – All damages shall be the have against the other
responsibility of the Contractor ➢ The Contractor shall not cause a delay of the work during any
arbitration proceedings, except by agreement within the Owner.
INDEMNITY – Claims for payment & repairs for damages shall be settled
by the Contractor at his own expense & to the satisfaction of the Architect SEC.10 – AUTHORITY OF ARC’T, ENGG, &
& the parties concerned. PROJ. REPRESENTATIVES
➢ If Contractor fails to repair damages & pay claims, the owner may
repair & pay the same, & deduct the cost from contractor ART. 34 – ARCHITECT STATUS
➢ He is the Owner’s representative during the const’n period & he shall
ART. 31 – CONTRACTOR’S INSURANCE & BONDS observe the work in the process on behalf of the Owner
➢ He shall have authority to act on behalf of the Owner only to the
CONTRACTOR’S LIABILITY INSURANCE – The Contractor shall extent expressly provided in the Contract Documents or otherwise in
secure & maintain such Insurance from an Insurance company writing, which shall be shown to the Contractor.
➢ He shall have authority to stop the work whenever such stoppage
CONTRACTOR’S FIRE INSURANCE – Contractor (Secure & Maintain) may be necessary in his reasonable opinion to insure the proper
execution of the Contract.
CONTRACTOR’S PERFORMANCE & PAYMENT BONDS ➢ He is the Interpreter of the conditions of the contract and the judge
The Contractor, prior to signing the Contract, shall furnish a of its performance, he shall side neither with the Owner nor with the
15% Performance Bond and 15% Payment Bond. Such bonds in the Contractor
forms of sureties approved by Owner. Such bonds shall remain in effect ➢ In case of the termination of the employment of the Architect, the
until replaced by the Contractor’s Guarantee Bond. Owner shall appoint a capable & reputable Architect, whose status
under the Contract shall be that of the former Architect; any dispute
CONTRACTOR’S GUARANTEE BOND – 30% Guarantee Bond in connection with such appointment shall be subject to arbitration.

CONTRACTOR’S GUARANTY–WARRANTY ART. 35 – AUTHORITY & RESPONSIBILITIES OF THE ENGINEERS


➢ The Contractor shall secure warranties from sub-contractors & ➢ The Engineers shall be solely responsible for their professional
deliver copies to the Owner upon completion of work. services
➢ The Contractor shall warrant all work performed by him directly & for ➢ shall assist the Architects in the general supervision & direction of
which guarantee are required. the work where their professional services are concerned.
➢ shall inspect the work for conformance with the approved Drawings
ART. 32 – OWNER’S RESPONSIBILITIES & LIABILITIES & Specifications & shall report to the Architect any discrepancy

PROTECTION OF EMPLOYEES & PROFESSIONALS PERFORMING ART. 36 – Authority & Duties of the Proj. Representaives, Resident
SERVICES FOR THE OWNER – The Owner shall maintain such Arch’ts, Resident Engg’rs or Const’n Inspectors
insurance. Prior to the start of the construction, the Owner & the Architect
shall give a list of personnel to be covered by insurance EMPLOYED BY THE OWNER – Technically qualified men referred to as
Project Representatives, resident Architects, Resident Engineers or
OWNER’S OPTIONAL INSURANCE – The Owner may maintain such Construction Inspectors recommended by the Architect & employed by
the Owner
ART. 33 – LIENS, DISPUTIES & ARBITRATION
DUTIES – The duties of Project Representatives, Resident Arch’ts,
LIENS – final payment or retained percentage shall be due until the Resident Engg’rs & Const’n Inspectors are stipulated in the Special
Contractor, if required, shall deliver to Owner a complete release of liens Provision of the Contract.
arising out of this Contract, &, if required, an affidavit that he has
knowledge on the release & receipts on labor & mat’ls DISPUTES – In case of any dispute arising between the Project
Representative, Resident Arch’t, Resident Engg’r, or Const’n Inspector,
ASSIGNMENT – Contract assigned to the contractor by written consent and the Contractor, they shall have authority to reject materials or
of the Owner suspend the work until the question at issue can be referred to & decide
by the Architect.
DAMAGES – claim shall be made in writing to the party liable within a
reasonable time to the first observance of such damage & not later than SEC.11 – SCHEDULE OF TIME LIMITS (see Summary)

Page 14 of 38
PROFESSIONAL PRACTICE

(Alver Notes Reference: UAP 401-402) UAP DOC 401 – OWNER–ARCHITECT AGREEMENT
Proforma: Detailed AR’l & Engineering DS (DA&E)
➢ For Full DA&E inclusive of Periodic Const’n Article 3. ARCHITECT’S FEE
Supervision (PCS) ➢ % of FPCC
➢ Payment Sched (25k, 15%, 40%, 90%, 90%, 100%)
➢ Arch’t brings in all of the DS Engineers as part of DS
Team Article 4. OWNER’S RESPONSIBILITIES
➢ Single point responsibility
➢ Architect partly liable to Client for work done by Engg Article 5. OTHER CONDITIONS ON SERVICES
➢ To avoid, PRBoA recommend Architects instruct Client ➢ Conditions, Other Services, Scale Models, Per Diem &
& Engg execute separate Service Agreements Traveling Expenses, Extra Sets, Change Orders, Work
➢ Architect focus on Detailed Architectural Design Suspended, Different Periods, Specialist Consultants,
(DAD) inclusive of SDP, AI Separate Services, Fulltime Construction, Government
Taxes, Ownership of Docs, Cost Records, Design &
➢ Arch takes part of Regular DA&E (DE excluded but PCS
Placement of Signs, PCC, PDC
retained) = 60% of SPP 202 Fees
➢ PCS = 5% of BF, Signing & Sealing = 5% Article 6. SUCCESSORS & ASSIGNS
➢ Not for Design-Build nor Construction Agreement ➢ Binding; Neither Owner nor Arch shall assign/transfer
➢ Contractor’s License from PH Constructor’s interest in Agreement without written consent of the
Accreditation Board (PCAB) of Const’n Industry of the other
PH (CIAP) under DTI
Article 7. ARBITRATION
➢ Arch’t criminally liable in const’n work without PCAB
➢ Alternative Dispute Resolution (ADR)
license
➢ 14 days negotiation period
➢ 14 days conciliatory discussions with neutral 3rd party
ARCHITECT-OWNER AGREEMENT ➢ Mediation/Arbitration under Construction Industry
➢ Project Arbitration Commission (CIAC)
➢ Location ➢ Resolution within 6 months
➢ Owner ➢ Losing party file Petition for Review under Court of
➢ Architect (PRC ID No., Address, Mobile/Tel) Appeals
➢ Venue @ CIAC Office
Article 1. SCOPE OF WORK
➢ SDP SIGN
➢ Basic / Regular DA&E ➢ Owner
➢ Architect
Article 2. ARCHITECT’S BASIC SERVICES ➢ In Presence Of
➢ PD, SD, DD, CD, BID, CONSTR

_______________________________ UAP DOC 402 – OWNER–GENERAL CONTRACTOR AGREEMENT


Article 1. SCOPE OF WORK
➢ All work necessary to complete the Project, ready for Article 6. PERFORMANCE & PAYMENT BONDS
use (except for works done by other parties) ➢ Within 15 days from signing, surety bond
➢ 30% of full contract price
Article 2. TIME OF COMPLETION ➢ Faithful performance of Contract & satisfaction of
& LIQUIDATED DAMAGES obligations for materials used & labor employed
➢ Ready for use not later than ___ ➢ Effective within 1 year after acceptance of work

Article 3. THE CONTRACT AMOUNT Article 7. TAXES, LICENSES, PERMITS & FEES
➢ Perform work than required, additional cost; Omit ➢ Paid for & obtained by Contractor
work, deducted cost
Article 8. INSURANCE & CONDITIONS
Article 4. PAYMENTS ➢ Within 15 days after signing, Contractor submit
➢ 90% of work at end of every month. Breakdown of Certificate of Insurance to protect against claims for
Work and Corresponding Value damages for personal injury, death, and damage to
➢ Fail to pay within 30 days, interest Owner/adjacent property
➢ Subject to approval of Owner
Article 5. CONTRACT DOCUMENTS

Page 15 of 38
PROFESSIONAL PRACTICE

UAP Doc. 307


PRACTICAL SPECIFICATIONS WRITING
SPECIFICATIONS – Written document or instructions describing in detail the scope of work, materials to be used,
method of installation, and workmanship for parcel of work to be placed under contract
➢ Segregate the information shown on the drawings into various sections within each discipline
➢ Instruct the different material suppliers of the extent of their work.
➢ Constitute one of the contract doc with drawings & agreement of contract between owner and contractor

(6) TYPES OF SPECIFICATION

1) PERFORMANCE SPEC. – the results of the product, rather than the product itself, are specified

For example: FAN - The Fan shall move not less than 860 Cu. ft. 1mm. and shall move not less than
780 cu.ft./ mm. against a one-eight. inch (1/a) static pressure

2) DESCRIPTIVE SPEC. – gives a description of the product

For example: FAN – shall be a wall-mounted, centrifugal type; weather-proof; made for outdoor use (…)

3) BRAND NAME SPEC. – desired product is specified by the manufacturer’s name and model number

For example: FAN - shall be model no. XYZ as manufactured (…)

4) CLOSED SPEC. – Two (2) types of Closed Specifications, the Single–Product &, the Multi–Product
Closed specifications are usually brand-name specifications; used where material is required to match existing
material
For example: FAN - shall he model UR 1-2 as manufactured by
The HLA Company of Pretty. Miss. No other brand will be accepted

MULTI–PRODUCT Spec. – more than one product is used; may want to include/exclude certain manufacturers

For example: FAN - shall be model TJR 1-2 as manufactured by the HLA or by RBF Company

5) OPEN SPEC. – Opposite of Closed Spec.; products that meet performance/description specified, may bid
Performance & Descriptive Specs are open. Brand-name spec.s are open if the phrase “or equal” is used.

6) REFERENCE SPEC. – The item desired is referred to by a number corresponding to a number in a published spec.

For example: FAN - shall conform to Federal Specification W-F-207 c

7) COMBINATION SPEC. – Desirable to use; not / impossible for open & closed spec. combined
It’s possible to have combinations of Performance, Descriptive, & Reference spec.s

For example: FAN - shall move not less than 860 cu ft/mm of free air; wall--mounted, centrifugal type
fan made for outdoor use. The motor shall be constructed to Nema Standards

Page 16 of 38
PROFESSIONAL PRACTICE
16 DIVISION UNIFORM CONSTRUCTION INDEX
➢ International Format ; can serve as a checklist during the Design / Devl’t Stage
➢ Grouped in the order that a vertical structure is built
➢ The spec.s are divided into the following: (Refer to Master Format)

MASTERFORMAT 1988 Edition

Div. I – GENERAL REQUIREMENTS


Includes most requirements that apply to the job as a whole Div. 8 – DOORS & WINDOWS / OPENINGS
or to several of the technical sections, and especially the Includes hardware, doors, windows, and frames; metal and
requirements sometimes referred to as special conditions glass curtain walls; transparent and translucent glazing

General conditions and supplementary conditions are not Exceptions are glass blocks and glass mosaics.
included in the divisions of the specifications.
Div. 9 – FINISHES
Div. 2 – SITE WORK / EXISTING CONDITIONS Includes Interior Finishes not traditionally the work of the
Includes most subjects dealing with site preparation and carpentry trade
development. Site utilities in Divisions 15 and 18 must be
coordinated with these sub-divisions Div. 10 – SPECIALTIES
Includes factory-assembled, pre-finished items.
Div. 3 – CONCRETE
Includes items traditionally associated with concrete work Div. 11 – EQUIPMENT
Includes most items of specialized equipment.
exceptions are paving, piles, waterproofing, and, terrazzo.
Div. 12 – FURNISHINGS
Div. 4 – MASONRY
Includes most items placed in the finished building.
Includes materials traditionally installed by a mason

exceptions are paving and interior flooring Div. 13 – SPECIAL CONSTRUCTION


Includes on-site construction consisting of items that
Div. 5 – METALS normally would fall under several other divisions but require
Includes most structural metals are metals not falling under control that can be attained only by all parts in a single
the specific provisions of other divisions section.

exceptions are reinforcing steel, curtain walls, roofing, piles, Div. 14 – CONVEYING SYSTEMS
doors, and windows. Includes the systems that utilize power to transport people
or materials.
Div. 6 – WOOD, PLASTICS, & COMPOSITES
Includes most work traditionally performed by carpenters Div. 15 – MECHANICAL
Includes most items that have been traditionally associated
exceptions are wood fences, concrete formwork, doors,
with the mechanical trades; Plumbing, (HVAC) Heating,
windows, and finish hardware.
Ventilating, Air conditioning and Fire
Div. 7 – THERMAL & MOISTURE PROTECTION
Div. 16 – ELECTRICAL
Includes most items normally associated with insulation
Includes most items that have been traditionally associated
and preventing the passage of water or water vapor
with the electrical trades.
exceptions are paint, water stops and joints I installed in
concrete or masonry, and gaskets and sealants

Page 17 of 38
PROFESSIONAL PRACTICE
( CSI ) Construction Specifications Institute (Alver Summary Reference)

THREE–PART SECTION FORMAT


Each of the sixteen divisions of the Uniform Construction Index is further divided into sections in the specifications
The three main parts of each sub-division; established to represent the minimum breakdown to be used

Part 1 – GENERAL – This part covers those general areas of concern w/c precede & follow the work,
& w/c define the scope of the work
➢ Administrative information unique to this section that is not covered in the Division 1
administrative section.
▪ Scope ▪ Product Handling
▪ Description of Systems ▪ Environmental Conditions
▪ Req of Regulatory Agencies ▪ Protection
▪ Qualifications ▪ Operating Instructions
▪ Submittals ▪ Extra Stock
▪ Mock-up ▪ Alternates
▪ Measurement & Payment

Part 2 – PRODUCTS – Defines in detail the materials, equipment, systems, fixtures, etc.
w/c will be incorporated into the work
➢ Products specific to this section. Description, manufacturer, part numbers, color, etc.

▪ Materials ▪ Equipment
▪ Mixes ▪ Fabrication
▪ Source Quality Control

Part 3 – EXECUTION – Describes in detail the manner in w/c items covered by part two
are to be incorporated into the work
➢ Executable information on the products listed in Part 2.
➢ Assembly information; Testing; Action Items

▪ Condition of Surfaces ▪ Adjusting


▪ Preparation ▪ Patching
▪ Installation ▪ Cleaning
▪ Field Quality Control ▪ Schedules

ESTIMATING – Evaluation of all costs of elements of specific project; Cannot give guarantee

DIRECT COST INDIRECT COST ESCALATION COST


➢ Materials ➢ Mobilization/Demobilization changes cost in given
➢ Labor ➢ Transportation economy over period
➢ Consumables ➢ Overhead
➢ Equipment ➢ Taxes
➢ Subcontract ➢ Contingencies
➢ Mark–up
TERMINOLOGIES
AMORTIZATION Spreading Payment Over Period
BOOK VALUE Value of Assets on Balance Sheet
BREAK-EVEN POINT Point of Balance Sheet Between Profit & Loss
DEPRECIATION Decrease in Value of Assets
ECONOMIC RETURN Payments to Various Factors of Production
PRESENT VALUE Value expected as of date of valuation
less than/ equal to future value due to interest/time value

Page 18 of 38
PROFESSIONAL PRACTICE
ARCHITECTURAL ECONOMICS SCHEDULING TECHNIQUES
➢ Budget & Timeframe ➢ Bar Chart
➢ Project Feasibility ➢ S–Curve
➢ Proforma Expected Income & Cost To Build & Operate ➢ Line Balance
➢ Expected Cost & Rent ➢ Critical Path Method
➢ Fees, Financing ➢ Linked Bar Chart
➢ Movable Equipment & Furniture
➢ Major Off–Site Work GENERAL FORMS OF COLLABORATION
➢ Sub-Contractual with One Or More Consultants
BASIC VARIABLES IN BUDGET DEVELOPMENT ➢ 2 Or More Arch’l Firms With 1 Prime Contract with
➢ Quantity (area) Owner
➢ Quality ➢ Joint Venture Between Firms
➢ Budget Itself ➢ Multiple Agreements
➢ Time ➢ Architect One Of 3 Equal Partners
➢ Budget = f(Quantity, Quality, Time) ➢ Architect Leads Team of Consultants
➢ Architect Involved in Trusted Advisor Role for Client at
COST INFLUENCE (PROJECT COST) Policy-Making, Pre-Project Level
➢ Construction Cost
➢ Site Acquisition, Site Development BAR CHART
TOTAL
IMPORTANCE OF TIME MANAGEMENT COST OF
COST W/ MONTH MONTH
ITEMS DESIGN &
➢ Contract Stipulations MAT’LS
LABOR & 01 02 (…)
ADD–ONS
➢ Labor Paid by Hour / Day
➢ Equipment Rental by Hour/Day
➢ Liquidated Damages

PERT–CPM (Program Evaluation & Review Technique – Critical Path Method)


DURATION Time to Complete Activity
EVENT Start of Activity
DUMMY ACTIVITY Sequence Indicator, No Duration/Cost
CRITICAL PATH Longest Path in Time Through Network
FLOAT / SLACK Leeway Without Adverse Effect (EF – ES Or LF – LS)
EARLY START Earliest Time Activity Can Start
LATE START Deadline an Activity Must Start
EARLY FINISH Earliest Activity Can Be Finished
LATE FINISH Activity Finished If Project Is Not Delayed

Page 19 of 38
PROFESSIONAL PRACTICE

SPP – STANDARDS OF PROFESSIOANAL PRACTICE DOCUMENTS


Responsibility To:
1) Public
2) Client
200 CODE OF ETHICAL CONDUCT
3) Contractor
4) Manufactures, Dealers, & Agents
5) Colleagues & Subordinates
PRE–DESIGN SERVICES
1) Consultation 7) Architectural Programming
2) Pre-Feasibility Studies 8) Space Planning
201 3) Feasibility Studies 9) Space Management Studies
4) Site Selection and Analysis 10) Value Management
5) Site Utilization and Land-Use Studies 11) Design Brief Preparation
6) Architectural Research 12) Promotional Services

1) Project Definition Phase


2) Schematic Design Phase
3) Design Development Phase
202 REGULAR DESIGN SERVICES
4) Contract Documents Phase
5) Bidding or Negotiation Phase
6) Construction Phase

SPECIALIZED ARCHITECTURAL SERVICES


1) Architectural Interiors (AI)
12) Building Environmental Certification
2) Acoustic Design
13) Forensic Architecture
3) Architectural Lighting Layout and Design
14) Building Appraisal
4) Site Development Planning (SDP)
15) Structural Conceptualization
5) Site & Physical Planning Services (including
16) Preliminary Services
Master Devl’t Plan, Subd. Plan & Urban Design)
203 17) Contract Documentation and Review
6) Comprehensive Development Planning (CDP)
18) Post-Design Services (including Const’n Mgt.
7) Historic & Cultural Heritage Conservation &
Services)
Planning
19) Dispute Avoidance and Resolution
8) Security Evaluation and Planning
20) Architectural Research Methods
9) Building Systems Design
21) Special Building/ Facility Planning and Design
10) Facilities Maintenance Support
22) Building Components
11) Building Testing and Commissioning
23) Management of Architectural Practices

204 – A FULLTIME SUPERVISION SERVICES

204 – B CONSTRUCTION MANAGEMENT SERVICES


1) Building and Facilities Administration
205 POST–CONSTRUCTION SERVICES 2) Post-Construction Evaluation

206 COMPREHENSIVE ARCHITECTURAL SERVICES Covers SPP 201 – 205

1) Design-Build Services by Administration


207 DESIGN–BUILD SERVICES 2) Design-Build Services with Guaranteed
Maximum Project Construction Cost

1) Actual Projects Proposed for Implementation


ARCHITECTURAL DESIGN COMPETITION (ADC) 2) Ideas Competition
208
(Replacing the UAP Doc. 209)

209 PROFESSIONAL AR’L CONSULTING SERVICES (PACS) (Replacing the 1981 UAP Doc. 210)

Page 20 of 38
PROFESSIONAL PRACTICE

SPP Documents (Replacing the 1979 UAP Docs. 201 through 208 & the UAP Docs 209 & 210)

METHODS OF SELECTION (of an Architect)

1) DIRECT SELECTION – Client selects Arch’t by basis of:

a) Reputation
b) Recommendation of a Friend / Personal or Business Acquaintance
c) Recommendation of a Former Client
d) Recommendation of Another Architect

2) COMPARATIVE SELECTION – Committees from Institutions, Corporations, or Public Agencies

a) Invitation Client issues invitation w/ Terms of Reference (ToR) from Design Brief
b) Pre–Qualification Arch’t / AFs (Arch’l Firms) submit info on their qualifications & expertise
c) Interview Arch’t explains his methodology in proj. proposal
d) Verification Committee visits Architect’s Built Projects; references former clients
e) Evaluation & Ranking – Committee’ procedure in selecting the most capable Arch’t / AF
f) Negotiation Arch’t explains Scope of Services & Fee under Architect’s Guidelines

3) AR’L DS COMPETITION (ADC) – Idea or Design/DS Build Competition; for Civic or Monumental Project

a. ADVANTAGES OF ADC – Open to RLAs or AFs; Client / Committee has more options

b. DISADVANTAGES OF ADC – expensive & time-consuming process (discourages participation);


Or Client’s way to seek free services under the guise of an ADC

Note: R.A. No. 9266, Secs. 20 (4) & 33 – Architect’s Ownership & Copyright

c. PROCEDURE – ADC conducted w IAPOA assistance & in accordance w/ Architect’s Guidelines

d. PARTICIPANTS
i. Sponsor or Client
ii. Competitors
1. Filipino RLAs & IAPOA Members in good standing
2. Foreign Arch’ts
a. Registered in his Country
b. Temporary Special Permit (TSP) from PRC
c. Has Work Permit from DoLE
d. In Collaboration w/ Filipino RLA for Civil Liabilities & Professional Duties

iii. Professional Adviser – Filipino RLAs who are IAPOA Members in Good Standing

iv. Jury – 5 Members known for their integrity, objectivity, impartiality, & honesty
1. Architect – IAPOA Member in Good Standing
2. Competition Sponsor / Client

Page 21 of 38
PROFESSIONAL PRACTICE

SPP Document 201 – PRE–DESIGN SERVICES (Replacing 1979 UAP Doc. 201)

(12) SCOPE OF PRE–DS SERVICES

1) CONSULTATION – Oral / Written Advice & Direction

2) PRE–FEASIBILITY STUDIES – Initial Project Assessment


Researched/ Processed/ Validated Secondary Data

3) FEASIBILITY STUDIES – Detailed project analysis from pre-feasibility studies


Primary Data Gathering & Analysis

4) SITE SELECTION & ANALYSIS – site criteria & evaluation

5) SITE UTILIZATION & LAND–USE STUDIES – Detail of site’s potential, its context, & its environs

6) AR’L RESEARCH – Primary & Secondary Research; assembled facts as basis for conclusion

7) AR’L PROGRAMMING – Analytical Problem–Seeking Process; identify Space Requirements & solutions

8) SPACE PLANNING – Adequate Size / Configuration / Allocation of Space; from Primary Data

9) SPACE MANAGEMENT STUDIES – space program formulation as basis for devl’t of AR’l plan/design
Space req’s based on organizational structure
& functional set-up pinpoints linkages & interaction of spaces.

10) VALUE MANAGEMENT – minimizes negative effects of simplified operations due to cost-reductions;
goal is to achieve an unimpaired program at minimum cost;
and to have the same performance criteria as the costlier alternatives

11) DESIGN BRIEF PREPARATION – Arch’t states project Terms of Reference, Concept, Objectives, etc.
to bid out public / private architectural services

12) PROMOTIONAL SERVICES – Projects may require such to develop & generate financial support &
acceptance from governing agencies or from the general public.

METHOD OF PROVIDING SERVICES

A) After Initial Meeting w/ Client, the Arch’t must submit proposal for Pre-DS Services stating the following:
1) Scope Of Work
2) Manner Of Payment
3) Owner’s Responsibilities
4) Other Conditions Of Services

B) The Arch’t can render services in any of the following ways


1) As an Individual Architect; w/ special training; & knowledgeable in different fields
2) Architect’s Own Staff; possibly working in a single firm to vary specializations
3) By Association, Consultation, or Networking
➢ An Arch’t consulting a firm of other disciplines under Owner–Arch’t Agreement

Page 22 of 38
PROFESSIONAL PRACTICE

(5) METHOD OF COMPENSATION (MOC)

1) MULTIPLE OF DIRECT PERSONNEL EXPENSES


➢ For Non–Creative Work (Accounting, Secretarial, Research, Reporting, etc.)
➢ Based on Technical Hours Spent
➢ Technical Services (Man Hours x Rate) x Multiplier of 1.5 to 2.5
➢ Multiplier depends on office setup, overhead, Architect’s experience on project complexity
➢ Other costs / Reimbursable Expenses charged to the Client
➢ Transpo., Housing & Living Allowance, Printing, Tech’l/Lab Tests, Licenses, Taxes, etc.
➢ Especially if assigned to places over 100 km from site
➢ Arch’t notifies the Client – the Rate of the Professionals & Personnel assigned to the project

Direct Cost = AN + CN + TN
Fee = Direct Cost x M
Total Cost of Service Charged to Client = Fee + R

Where: A = Architect’s Rate / Hour


C = Consultant’s Rate / Hour
T = Rate per Hour of Tech’l Staff, Researchers
& others involved in the Project
AN, CN, TN = No. of hours spent by A, C, & T
M = 1.5 to 2.5 Multiplier
R = Reimbursable Expenses

2) PROFESSIONAL FEE PLUS EXPENSES


➢ Frequently Used MOC; having a Continuing Relationship Involving A Series Of Projects
➢ Establishes a fixed sum over & above the reimbursement for Architect’s tech’l time & overhead
➢ An agreement on the general scope of the work is necessary in order to set an equitable fee

3) LUMP SUM / FIXED FEE


➢ Applicable to Government Projects; entail more paper work & time-consuming efforts

4) PER DIEM, HONORARIUM PLUS REIMBURSABLE EXPENSES


➢ Client may request the Architect on work which requires his personal time & be paid on a per
diem and honorarium basis plus out-of-pocket expenses; Particular Activities include:

a) Attend Project–Related Meetings, Or Trips


b) Conduct Ocular Inspection
c) Discuss With Others Regarding Prospective Investments or Ventures & The Like

5) MIXED METHODS OF COMPENSATION

Page 23 of 38
PROFESSIONAL PRACTICE

SPP Document 202 – REGULAR DESIGN SERVICES (Replacing 1979 UAP Doc. 202)
ARCHITECT Acts as the Owner’s Adviser and/or Representative
His work begins at the start of project when the Owner outlines requirements
& ends only when General contractor turns over the completed project to the owner
(6) SCOPE OF SERVICES PDef; Schem; DesDev; ConDo; Bid; Cons

1) PROJECT DEFINITION PHASE


➢ Definition of Req’s by Owner; Arch’t then informs Tech’l Req’s, & Prof’l Fees
➢ Consults Owner of Conceptual Framework & Related Req’s
➢ Gathers Info for Proj. Req’s; including the Scope of Archt’s Services
➢ AR’l Program
➢ (PCC) Probable Construction Cost

2) SCHEMATIC DESIGN PHASE – Derived from Proj. Def. Phase – Leading to Conceptual Plans
➢ Evaluates Owner’s Program, Schedule, Budget, Proj. Site; Propose Proj. Delivery Methods
➢ Initial Line Drawings
➢ (SPPCC) Statement of Probable Project Construction Cost – Based on Cost Parameters

3) DESIGN DEVELOPMENT PHASE – After approved Schematics & Conceptual Plans


➢ Design Development Documents – Drawings (Plans, Elevations, etc.)
➢ Outline Specifications – Type of Materials, Type of Systems (Struc’l, Mech’l, Elec’l, etc.)
➢ Diagrammatic Layout of Construction Systems
➢ Updated SPPCC

4) CONTRACT DOCUMENT PHASE – Based on Design Development Documents


➢ Complete Contract Documents – Prepared by Arch’t & Professionals Involved
➢ Technical Specifications
➢ 7 Copies/Sets of all Const’n Drawings & Technical Specifications – for Building Permit
➢ Updates SPPCC based on scope, req’s, & Market Conditions
➢ Assists the Owner in filing the required documents to secure approval of Gov’t Authorities having
jurisdiction over the project design

5) BIDDING OR NEGOTIATION PHASE – Bid Documents prepared by Arch’t such as:


➢ Contract Letting Forms, Const’n Doc.s, Invitation Forms & Instruction to Bidders,
Forms for Bidder’s Proposal, General Conditions of Contract, etc.
COMPETITIVE BIDS / PROCUREMENTS, the Architect
➢ Said Doc.s are Loaned to Bidders; w/c must be returned – Bond required
➢ Bid Doc.s are the Architect’s Intellectual Property (Sec. 33 of R.A. No. 9266)
➢ Assists the Owner in establishing a List of Prospective Contractors
to award the Construction Contract
➢ Conduct Pre–Bid Conferences; Responds to Bidder’s Questions
➢ Assists Owner in obtaining proposals from Contractors, analyzes bid results & prepares
abstract of bids, Notice of Award, Notice to Proceed & Other Construction Contracts
NEGOTIATED CONTRACTS – Arch’t negotiates w/ one Contractor instead of many bidders

6) CONSTRUCTION PHASE – Arch’t makes decisions relating to proj. execution, work progress, Contract
Doc.s; prepares Change Orders; Periodic site visits & inspection; issues Certificates for Payment

Page 24 of 38
PROFESSIONAL PRACTICE

(2) MANNER OF PROVIDING SERVICES


1) SINGLE CONTRACT – Between the Architect & Owner; & sub-consultancy contracts
between the Arch’t & the other professionals working w/ the Arch’t

2) Architect, Engineering & Allied Professionals executing


SEPARATE CONTRACTS – with the Owner

➢ Each State–Regulated Professional has separate responsibilities & civil liabilities


➢ The Arch’t does not assume other professionals (RLPs) responsibilities & civil liabilities

(10) PROJECT CLASSIFICATION – Professional AR’l work; classified w/ the req’d degree of complexity

Group 1 SIMPLE PROJECTS


Armories Public Markets
Bakery Simple Loft-Type Buildings
Hangar Habitable Agricultural Buildings
Parking Structures Warehouse | Industrial Plants

Group 2 MODERATE STRUCTURES


Resd’l or Office Condo.s Fire Station | Civic Centers | Correctional Facilities
Art galleries Banks | Financial Institutions | Mixed-Use Bldgs.
City halls Supermarkets | Apartments, Dormitories
Libraries Comml | Recl | Religious | Educl Facilities

Group 3 EXCEPTIONAL STRUCTURES – w/ Consultant


Mortuary Medical facilities / hospital (electrical engineer)
Atomic facilities (physicist) Research Facilities
Aquarium (marine biologist) Transportation Facilities
Theatres | Aquaria | Breweries Telecommunication Buildings

Group 4 RESIDENTIAL
(Single–Detached, Single–Attached Or Duplex; Row–Houses Or Shop–Houses),
Residences, Small Apartment Houses & Townhouses

Group 5 MONUMENTAL STRUCTURES


Exposition & Fair Buildings; Museums; Monuments; Mausoleums, Memorials;
Specialized Decorative Bldg.

Group 6 REPETITIVE CONST’N


The plan / design & related Contract Documents are re-used for the repetitive
construction of similar buildings without amending the drawing & the specifications

Group 7 HOUSING PROJECT


Several Residential Units on a Single Site w/ the use of
One (1) set of plans / design, specifications & related documents

Group 8 EXTENSIVE DETAIL


Built–In Components, Special Fittings, Screens, Counters,
AR’l Interiors (AI), & Devl’t Planning And/or Design

Group 9 ALTERATIONS & RENOVATIONS – to Existing Buildings from Group 1 – 5

Group 10 CONSULTATION & ARBITRATION


Advice P 200 / hr.
Expert Witness P 500 / hr.

Page 25 of 38
PROFESSIONAL PRACTICE

(6) METHODS OF COMPENSATION


1) Percentage (%) of Project Construction Cost (PCC) – Based on Architect’s Guidelines
2) Multiple of Direct Personnel Expenses
3) Professional Fee Plus Expenses
4) Lump Sum or Fixed Fee
5) Per Diem, Honorarium Plus Reimbursable Expenses
6) Mixed Methods of Compensation

OWNER’S RESPONSIBILITIES
➢ Provide full info of proj. req’s
➢ Should issue orders to General Contractor only through the Arch’t
➢ At his expense, Furnish / Direct Arch’t to obtain site survey, zoning compliances, clearances,
deed of restrictions, titles, soil tests, etc.
➢ Pay for AR’l & other Engg’g & Allied Services; pay for DS & Consulting Services
➢ Pay for Reimbursable Expenses

OTHER CONDITIONS ON SERVICES


➢ Architect’s Fee – Based on PCC; net amount; any tax from proj. – paid by the Owner
➢ Other Services – Paid for Separately by the Owner; not deducted from Archt’s Fee
➢ Scale Models, 3D Models, & Walk–Thru Presentations – Paid for Separately by the Owner
➢ Per Diem & Traveling Expenses – beyond 50 km from Archt’s established office
➢ Extra Sets of Contract Doc.s – Owner shall pay the Arch’t for such
➢ Change Orders by Owner – Owner shall pay the Arch’t for extra time,
resources/drafting, & office expenses
➢ Work Suspended or Abandoned – Owner shall pay the Arch’t for the services done
• 90% of Archt’s work – Completed Detailed DS & Contract Doc.

➢ Different Periods of Const’n – increase const’n period & burdens Arch’t; Const’n phase adjusted
• Six (6) Months – if suspension exceeds such, fee for remaining works is doubled

➢ Separate Services – AI; SDP; Urban DS; Owner shall pay Arch’t in addition to his Fee
➢ Full-Time Const’n Supervision – Pain by the Owner; under tech’l contron & supervision of the Arch’t
➢ Cost Records – Owner shall furnish Arch’t a copy of the Summary of Expenses
➢ Design & Placement of Signs – shall be approved by the Arch’t

(PCC) PROJ. CONST’N COST Cost of the Completed Bldg.; Plans, AI, SDP, are also part of PCC
Not included in PCC are Prof’l fees & salaries (Const’n Inspectors)

PROJ. DEVL’T COST Cost of the Completed Bldg. & Prof’l Fees, Permits, Clearances,
Utilities, Cost Of Acquiring Project Site

Page 26 of 38
PROFESSIONAL PRACTICE

SPP Document 203 – SPECIALIZED AR’L SERVICES (Replacing 1979 UAP Doc. 203)
CONSULTING ARCHITECT (CA) RLA who may also be a separate RLP (Reg. & Licensed Prof’l)
(2) MANNER OF PROVIDING SERVICES – Arch’t may enter into contract w/ Owner in two possible ways:
1) Working in a Dual Capacity as Arch’t–of–Record & as Consulting Arch’t for such services
2) Working as Consulting Architect for such services only

SPECIAL AR SERVICE SCOPE OF SERVICES METHODS OF COMPENSATION


12-20% of cost of work
Detailed plan & DS of Indoor / Enclosed areas
5% coordinator with ID
➢ Space Plans; Lay-out Furniture; Movables; Built-ins; Fixtures;
AR’L INTERIORS (AI) Equipment; signage & graphic devices, etc. Prelim 30%
➢ Assists Client in conducting bids Final 50%
➢ Approves sample mat’ls, AI shop drawings
Conducts Final AI Inspection Complete 20%

Detailed plan & DS to control Sound Transmission 10-15% of cost of work


for compatibility w/ the AR’l DS concept
5% coordinator with consultant
➢ Prepares the drawings & spec.s for acoustic DS & treatment,
ACOUSTIC DS sound control & reinforcement, sound absorption, reflectance, Prelim 30%
insulation, etc. Final 50%
➢ Assists the Owner in bidding
➢ Conducts final inspection Complete 20%
➢ Assists Owner in the amount due to sub-contractor

Detailed plan & DS of Light Transmission, Timing & Control for compatibility w/ the AR'l DS concept

AR’L LIGHTING ➢ Prepares drawings & spec.s for lighting DS, illumination, fixture placement, efficiency, energy considerations, etc.
LAYOUT & DS ➢ Assists the Owner in bidding
➢ Checks & approve samples of materials & fixtures
➢ Conducts final inspection
➢ Assists Owner in amount due to sub-contractor

Space plan, AR’l lay-out w/in a specific bldg. / struc. 10-15% of cost of work
w/ the existing natural and/or built environments 5% coordinator with consultant
SITE DEVL’T
➢ Space fit for a specific mood
PLANNING (SDP) ➢ Conceptualizes SDP, scope of civil works, Prelim 30%
softscape & hardscape req's Final 50%
➢ Conceptualizes the spec.s for civil works & utility lines Complete 20%
➢ Assists the owner in bidding

Type 1 (Estates, Complexes):


P5,000/ha for first 50 ha

Type 2 (Subdivision, Urban):


(Including Master Devl’t Planning, Subd. Planning
& Urban DS) P3,000/ha for first 100 ha
SITE & PHYSICAL
PLANNING ➢ The orderly arrangement w/in a piece of land w/c vertical struc. Type 3 (Subdivision, Non-Urban):
& horizontal devl'ts are proposed
➢ Environmental Studies, Feasibility, market analysis, and the like
P2,000/ha for first 100ha

Engineering Drawings
Additional 4% of cost of work

Covers the range of all services from primary data gathering


through the formulation of the Master Devl’t Plan (MDP) & the
Env’l Impact Assessment (EIA) Man–Months
COMPREHENSIVE
➢ Phys’l Component – land use & phys’l env’t by MDP
DEVL’T PLANNING ➢ Economic Component 22 Man–Days x 8 Man–Hours
➢ Socio-Cultural Component x Multiplier
➢ Transport Component
➢ Legal & Administrative Component

Page 27 of 38
PROFESSIONAL PRACTICE
HISTORIC & CULTURAL
HERITAGE CONSERVATION Research, Assessment, Recording, Management Interpretation & Conservation Of Hist’l Heritage
& PLANNING
SECURITY EVALUATION
Ascertain the value of struc. or facilities as fully secured, safe, protected, assured, guaranteed etc.
& PLANNING

BUILDING SYSTEMS DS Building components in a highly engineered, efficient & cost-effective manner, particularly for resd’l & comm’l

FACILITIES
Function & maintenance of the building after final inspection
MAINTENANCE SUPPORT

BUILDING TESTING Building’s array of systems is planned, installed & tested to perform according to the design intent &
& COMMISSIONING operational needs

The CA must know more than Green AR & Env’l DS Such as Governing env’l laws, etc.
BUILDING
BUILDING ENVIRONMENT RATING SYSTEM
ENVIRONMENTAL ➢ Credit-Based / Earn Points For Envi-Friendly Bldg-Use
CERTIFICATION ➢ Flexible
➢ Consensus-Based & Market-Driven

Scientific study on the built environment’s well-being


➢ Determine causes of ldg., mat'l deterioration
FORENSIC AR ➢ Causes of bldg.deficiencies e.g., non-compliance w/ plan & bldg. Laws, etc.
➢ Faulty activities / plan / ds/ const'n

An act or process of estimating value on the bldg. condition & defects, its repair, maintenance, & req'd
BUILDING APPRAISAL improvements

STRUCTURAL Type, disposition, arrangement & proportioning of the struc’l elements


CONCEPTUALIZATION Consideration to safety, cost-effectiveness, functionality & aesthetics

PRELIMINARY
Site Analysis, Space Plan, AR’l Program, & the other services under SPP Document 201
SERVICES
CONTRACT
Spec. Writing, Estimation & Quantity Survey;
DOCUMENTATION
AR’l Prod’n, Software, Support Services & Contract Doc. Review
& REVIEW

POST-DESIGN (Including Const’n Management Services) Preparation of:


SERVICES FALAR – Fire Safety & Life Assessment Report

Alternative Dispute Resolution (ADR) R.A. No. 9285, ADR Act of 2004 & its IRR
DISPUTE AVOIDANCE ➢ Arbitration, Mediation, Conciliation, Negotiation, Contract Administration, Quality Surveys, Appraisals &
& RESOLUTION Adjustments, & Expert Testimony
➢ Arch't must be State-Accredited

AR’L RESEARCH Research Methods, PH AR & its History, AR’l Mat’ls, Bldg. Types & Standards, DS Trends, AR’l Writing &
METHODS Photography

SPECIAL BUILDING / Planning and DS Processes req’d for Housing Devl't, Recreational & Tourism, Health Care & Hospitality,
FACILITY PLANNING Transpo. & Telecom., Production Faci., Utility-related Devl't, Secure Facilities, Business & Industrial Parks,
& DESIGN Economic Zones

➢ Bldg Mat'ls & Finishes, Const'n Methodologies


BUILDING
➢ Bldg Envelopes including cladding & roofing systems
COMPONENTS ➢ AR'l Fenestrations & Hardware, Fixtures & Fittings

MANAGEMENT OF ➢ Types of AR'l Office Operations, Mgt., Accounting, Labor Code, AR'l Marketing & Project Devl't,
AR’L PRACTICES ➢ Business Process Outsourcing (BPO) & Knowledge Process Outsourcing (KPO) Operations

Page 28 of 38
PROFESSIONAL PRACTICE

SPP Document 204–A SPP Document 204–B


FULLTIME SUPERVISION SERVICES CONST’N MANAGEMENT SERVICES
(Replacing 1979 UAP Doc. 204-A) (Replacing 1979 UAP Doc. 204-B)

(AICC) Architect–in–Charge of Const’n (CM) CONSTRUCTION MANAGER


Is directly & professionally liable for the const’n Can be an Arch’t; an Owner’s staff member, an
supervision independent individual, or a firm hired by the Owner
to manage the project const’n
(CSG) Construction Supervision Group
FUNCTIONS & DESCRIPTION OF TASKS
They are answerable to both the Owner & Architect;
CM duties include the functions of the CSG; CM
Arch’t recommends based on their performance, &
may hire CSG or supervise the CSG hired by Owner
hired by the Owner

1) Coordination & Supervision


SCOPE OF SERVICES
2) Cost & Time Control
1) Quality Control
3) Quality Control of Work
2) Evaluation of Construction Work
4) Keeping of Records
3) Preparation of Daily Inspection Reports
4) Filing of Documents
LIMITATION OF AUTHORITY
➢ Arch’t as CM shall not be involved w/ the
LIMITATION OF AUTHORITY
Contractor’s work unless CM assumes
➢ CSG (Arch’t or AF) shall not assume the
contractor’s liability
responsibility of the Contractor’s project
superintendent
➢ Impose methods or designs that will affect the
➢ & shall not make decisions on matters that are
const’n schedule & impair the design concept of
the sole duties of the Architect–of–Record (AoR)
the Arch’t
LEGAL RESPONSIBILITY
LEGAL RESPONSIBILITY
➢ CSG is responsible for Administrative matters to
➢ Arch’t as CM is directly responsible to the Owner
Owner; Technical matters to the AoR
on all aspects of the const’n work: programming,
coordination, quality & cost control & time
➢ AoR & Enggr–of–Record (EoR) are responsible
management
for the design (Contractor in the const’n.)

➢ CM assumes no liability in case equipment fail to


➢ CSG may have no legal responsibility
function or if a portion of the building collapses:
(Art. 1723, Civil Code). Unless CSG & Owner
have a Service Contract / Agreement w/c
▪ provided the CM did not participate in the
stipulates certain prof’l duties & civil liabilities
plan /design review & approval
▪ due to the deficiencies in the manner of
➢ If AoR, EoR, & the Contractor are sued by an
construction
Owner for civil liabilities w/c are traceable to the
CSG, the Aor & Eors may file cross claims
against the CSG

Page 29 of 38
PROFESSIONAL PRACTICE

SPP Document 205 – POST–CONSTRUCTION SERVICES (Replacing 1979 UAP Doc. 205)
POST–CONST’N SERVICES – Open communication among owners, arch’t, bldg. admin., etc. to provide
access to info on the performance & upkeep of bldgs; Arch’t may be the Bldg. Admin or Property Mgr.

SCOPE OF SERVICES
BUILDING & FACILITIES ADMINISTRATION
1) Building Maintenance 3) Grounds & Landscaping Supervision
➢ Building & parts are in good condition ➢ Supervise landscape contractors & gardeners
➢ Rules for the proper use of facility for the upkeep of hardscapes & softscapes
➢ Emergency/ egress/ exit areas ➢ Maintain orderly entrances, exits & parking
➢ Monitor security services; maintenance ➢ Maintain streets i.e. road rights-of–way
& upkeep services (RROWs), walkways, & ramps

2) Building Equipment Maintenance 4) Business Devl’t & Management


➢ Air-con., sprinkler system, generators, ➢ To attain maximum building occupancy
transformers, telecom. equipment, etc. ➢ Bill the tenants for rentals & utilities

POST–CONST’N EVALUATION
➢ Evaluate the initial design from actual facility use
➢ Determine the effectiveness of building & materials systems
➢ Assist third parties in evaluating functional effectiveness of the design & const’n
➢ Forensic Investigation (SPP Doc 203)

SPP Document 206 – COMPREHENSIVE AR’L SERVICES (Replacing 1979 UAP Doc. 206)
(CAS) COMPREHENSIVE AR’L SERVICES – The range of prof’l services that covers Pre-DS, Regular DS,
Specialized AR’l, Const’n, & Post-Const’n Services

(PM) PROJECT MANAGEMENT – When an Arch’t or a firm to coordinates the CAS, this constitutes PM
➢ PM involves control over time, cost & quality on project const’n
➢ Having a PM does not relieve the designers & contractors of their duties
➢ Responsibility of the PM to hire the Const’n Manager (CM) to be paid either by him or by the Owner
➢ Fulltime Supervisor may be a PM’s Staff Member or hired directly by the Owner
➢ PM operates as a member of an Owner–Architect–Engineer–Contractor Team
a) Architect & Specialist Consultants (SCs) – responsible for the project’s plan/design
b) Engineers – responsible for respective engineering plans
c) Contractor – responsible for his men & equipment & project delivery
d) Owner – makes decisions on the project & assures that funds are available to complete the project
e) PM’s primary responsibility is the exercise of overall cost control. He will plan, program & monitor
the various activities, & will act as an adviser on material costs & const’n methods

PRE–CONST’N PHASE – As early as during the DS Devl’t Phase, PM should conduct regular
consultations w/ Owner, Arch’ts & Engg’rs (for A&E services)

CONST’N PHASE – If the PM also serves as the CM to oversee time, cost & quality control during the
project const’n, he shall provide the services detailed under SPP Doc.s 204-A & 204-B.

MANNER OF PROVIDING SERVICES – Arch’t as PM for CAS or the overall coordinator; & may expand his
staff by hiring the experts or form a team consisting of prof’ls
METHOD OF
COMPENSATION – Arch’t as PM is paid on a Percentage Basis; 2–5% of PCC (Architect’s Guidelines)

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PROFESSIONAL PRACTICE

SPP Document 207 – DESIGN–BUILD SERVICES (Replacing 1979 UAP Doc. 207)

DESIGN–BUILD
Arch’t assumes the prof’l responsibility & civil liability for both the design & the const’n of the project;
simplifies & speed up process of project delivery while providing creative cost-effective solutions

SCOPE OF DS–BUILD

1) DS–BUILD BY ADMINISTRATION – similar to the Architect’s Regular DS Services (SPP Doc. 202)
COMPENSATION 7% of PCC
a) Project Definition Phase
b) Schematic Design Phase
c) Design Development Phase
d) Contract Document Phase (Excluding: Bidding or Negotiation Phase)
e) Construction Phase – Goes beyond periodic inspection & assessment:
➢ Schedule of Work, Program & Estimates of Mat’ls, Labor, Transpo, Equipment & Services
➢ Hiring of Const’n Personnel (Duty & Salary)
➢ Negotiation & entering into contract w/ Piecework Contractors
➢ Procurement of Materials, Plants & Equipment, Licenses & Permits
➢ Keeping records; payments of accounts
➢ Negotiation w/ Gov’t & Private Agencies having Jurisdiction over the Project

2) DS–BUILD W/ GUARANTEED MAX. PROJ. CONST’N COST


COMPENSATION 10% of PCC Excluding Design Fee
➢ Similar to DS-Build by Administration except that the Arch’t provides the Owner an estimate of the
project or a GMPCC for the const’n of the project

➢ If upon completion there is realized savings from the estimated PCC;


The savings is divided equally between the Owner & the Architect

➢ PCC guaranteed by the Arch’t must not exceed 10% of the estimated PCC
If actual cost exceeds more than 10%, the Arch’t shall be liable for the excess amount
but only up to the amount of his Administration Fee

➢ Additional Expenditures beyond the GMPCC which are due to legitimate change / variation orders
(CVOs), extra work orders (EWOs), changing costs of mat’ls or labor recognized by NEDA, or to other
causes not attributable to the fault of the Arch’t, such additional costs to Owner

METHOD OF COMPENSATION
➢ The Client directly pays all costs for labor & mat’ls
➢ The Architect does not advance any payment of expenses work related
➢ A Revolving Fund is given to the Arch’t beforehand; periodic auditing by the Client
➢ The Owner shall pay for the cost of all permits, licenses & other incidentals to the work
➢ The Arch’t may appoint, w/ Owner’s approval, a construction superintendent, purchasing agent,
timekeeper & property clerk aside from the usual labor personnel required. Salaries of such persons
are paid by the Owner and not deductible from the Architect’s Fee

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PROFESSIONAL PRACTICE

SPP Document 208 – (ADC) AR’L DESIGN COMPETITION (Replacing 1979 UAP Doc. 209)
(2) CLASSIFICATIONS OF ADC
1) PROJECT ADC – for actual Projects proposed for implementation
➢ May be conducted in a Single Stage or 2–Stage Manner
➢ Open or Limited by Invitation
➢ Classified according to Degree Of Complexity based on project classification (SPP Doc.202)

2) IDEAS COMPETITION – DS & planning exercise to elucidate a problem

PROFESSIONAL ADVISOR – Appointed & paid by the Owner & approved by


IAPOA Nat’l Board of Directors (NBD) thru its ADC Committee
➢ Supervision & preparation of ADC Conditions ➢ Safeguard the anonymity of Competitors
➢ Insuring the ADC timetable is adhered to ➢ Assist the Jury; be present during deliberations
➢ Supervise the receipt of Competitor’s questions but he will have no vote
➢ Receipt of competition entries

THE JURY – Appointed by the Owner & approved by the IAPOA; Odd Number; not exceed 7
4 out of 7 shall be Arch’ts; at least one shall represent IAPOA

PERSONS NOT ELIGIBLE FOR ADC EXHIBITIONS & ENTRIES


➢ No member of the Jury, either directly or indirectly
➢ No member associated with the preparation or ➢ All designs, including those disqualified, shall be
organization of the ADC exhibited, open to the public free of charge
for at least two (2) weeks, w/ a copy of the signed
PRIZES, HONORARIA & MENTIONS report of the Jury
➢ The conditions must state the amount & number
of prizes; & prize related to the project's size & ➢ The Owner shall notify registered Competitors of
complexity the date & place of the public exhibition w/ the
➢ 2–stage competitions – honorarium paid to each ADC results, & a copy of the Jury's report
competitors in 2nd stage
➢ The owner is not free to pick out portions of the ➢ And inform the IAPOA w/ Photos of the prize-
entries to compose another plan/ design winning designs sent for publication
➢ Ideas Competition can reward only the 1st prize
winner RETURN OF PROJECTS
➢ If the owner decides to use the scheme/s, he
should collaborate w/ the author/s ➢ All drawings & plans, except the winning DS shall
be destroyed after public exhibition, Conditional
➢ The owner must pay the prizes w/in
One (1) Month of the ADC results ➢ Models required, are returned to the Author/s at
the Owner’s expense w/in a month after
➢ 1st prize winner to receive compensation (sum of exhibition
prize) if no contract is signed within
Twelve (12) Months of the award announced (ADR) ALTERNATIVE DISPUTE RESOLUTION
OR LITIGATION
COPYRIGHT & RIGHT OF OWNERSHIP
➢ Author shall retain the copyright of his work; no ➢ The Jury members are the sole arbiters at all
alterations without his / her written consent stages, up to the final prize-giving
➢ Owner can use Author’s awarded DS if the author
➢ Arbitration process approved by the IAPOA, and
is to carry out the plan/DS preparation for the proj.
without initial recourse to any form of litigation
➢ Owner’s right to use the ADC-generated
plan/design covers one (1) execution only ➢ The expenses shall be shared by the two (2)
➢ Unless Conditions for repetitive work are specified parties to the ADR proceeding

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PROFESSIONAL PRACTICE

SPP Document 209 – (PACS) PROF’L AR’L CONSULTING SERVICES (Replacing 1979 UAP Doc. 210)

(PCA) PROFESSIONAL CONSULTING ARCHITECT / FILIPINO PCA


➢ Refers to a Filipino citizen; who is a PH–RLA; & an IAPOA member in good standing

(CAF) CONSULTING ARCHITECTURAL FIRM


➢ An AR’l corporation, association, group or partnership;
Duly registered w/ the Securities & Exchange Commission (SEC)
➢ Or to a Single Proprietorship duly registered w/ the Dep’t of Trade & Industry (DTI);
& registered w/ the Board to perform State–Regulated Prof’l AR’l Consulting Services (PACS)

(FC) FOREIGN CONSULTANT / (FA) FOREIGN ARCHITECT


➢ Refers to an individual, non-citizen of the Philippines; who is an RLA in his own country of origin
➢ Has permit to work and/ or do business in the Philippines
➢ Has a Temporary / Special Permit (TSP) to practice on PH soil
➢ Approved by DoLE, BID (Bureau of Immigration & Deportation) & other concerned regulatory agencies

COMPENSATION OF PACS
1.) Per Diem / Hourly Basis – For intermittent personal service

2.) Retainer – Used when PCA services is required at intervals over a period of time
➢ A stipulated amount is paid at regular intervals; PCA is obligated to render a certain service or time
on Client’s req’s; PCA may be reimbursed for travel & other out-of-pocket expenses

3.) Salary Cost Times a Multiplier, Plus Direct Cost / Reimbursable Expenses
➢ This method is best suited for Projects wherein the costs are difficult to pre-determine
➢ Total basic salaries of PCAs & their staff multiplied by a factor from 3.0 as a multiplier
plus cost of reimbursable fees or Direct Cost

Fee = Salary Cost x 3.0 Multiplier + Reimbursable Expenses

4.) Fixed / Lump Sum Payment –when the scope of PACS req’d is clearly & fully defined

5.) Percentage of Total Project Cost – Calculated as an agreed percentage of project’s ultimate cost

➢ Fees for services that require inputs of an artistic, innovative & creative endeavor shall not be determined
in the same manner as services that involve purely technical and scientific undertakings

➢ Interest Due on Late Payment of Fees – PCA shall be entitled to interest in additional to a percentage
determined by the IAPOA, or mutually agreed upon by the PCA & his Client, on all fees, other charges &
reimbursements due & not paid within 30 days from receipt of billing

➢ Seal & Use of Seal Under PACS – PCA shall sign & affix his prof’l license number & the seal duly-
approved by the PRBoA & IAPOA on all AR’l doc.s as outputs prepared or supervised by him

➢ PCA should secure a Professional Liability Insurance Policy, a Professional Indemnity Insurance or
equivalent in Bond Form suitable w/ the magnitude & scope of project involvement w/ the corresponding
compensation. Such cost shall form part of the total project cost chargeable to the Client.

➢ Selection of PCA – Only duly–qualified FPCAs shall render AR’l consulting; If no FPCA is available
but Non-FPCA (FA or FC), min. of Two (2) Filipino RLAs in same specialization as understudies

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PROFESSIONAL PRACTICE

(Alver Notes Reference) RA 7160 – LOCAL GOV’T CODE 1991

Appointive Local Officials Common to All Municipalities, Cities, & Provinces


▪ Secretary to Sanggunian ▪ Planning & Devl’t Coordinator ▪ Social Welfare & Devl’t Officer
▪ Treasurer ▪ Civil Registrar ▪ Env’t & Natural Resources
▪ Assessor ▪ Administrator Officer
▪ Accountant ▪ Legal Officer ▪ Cooperative Officer
▪ Budget Officer ▪ Agriculturist ▪ Population Officer
▪ Health Officer ▪ Architect ▪ Veterinarian
▪ Engineer ▪ Information Officer ▪ General Services Officer

Qualifications of M/C/P Architect


➢ Duly licensed
➢ 5 years practice for C/P Architect
➢ 3 years practice for M Architect

POWERS & DUTIES


➢ Basic services & adequate facilities
➢ Plans & programs
➢ Renewal of blighted areas, land reclamation, land greening, marine foreshore
➢ Max utilization of land & water
➢ Redesign spatial distribution of basic facilities during calamities

GLOBAL PRACTICE
WTO – World Trade Organization
WTO includes agreements aimed at liberalizing both Goods Trade & Trade in Services
Operates a global system of trade rules, it acts as a forum for negotiating trade agreements,
it settles trade disputes between its members & it supports the needs of developing countries

Basic Principles
➢ Most–Favored Nation ➢ Transparency ➢ Unrestricted Int’l Payments
➢ Market Access ➢ Objective ➢ Individual Countries’ Commitment
➢ National Treatment ➢ Progressive Liberalization

GATS – General Agreement on Trade in Services


GATS is the WTO agreement covering Services Trade
System of int’l trade rules; for fair & equitable treatment of all participants
(Principle of non-discrimination); w/ guaranteed policy bindings

GATS Coverage
1) Cross–Border Supply – services supplied from one country
2) Consumption Abroad – consumers from one country use service from another
3) Commercial Presence – company from one country setting up branches in another
4) Movement of Natural Persons – individuals traveling from own country
to supply services in another

GATT – General Agreement on Tariffs & Trade – GATT is the central WTO agreement covering
Goods Trade

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PROFESSIONAL PRACTICE

(EO 1008–Feb 4, 1985) Executive Order No. 1008 – CONST’N INDUSTRY ARBITRATION LAW
CIAC – Const’n Industry Arbitration Commission
➢ Shall have original & exclusive jurisdiction over disputes arising from, or connected with,
contracts entered into by parties involved in construction in the PH;
These disputes may involve gov’t or private contracts
➢ For the Board to acquire jurisdiction, the parties shall submit the same to voluntary arbitration
➢ The jurisdiction of the CIAC may include but is not limited to:
▪ Maintenance & Defects ▪ Violation Of the Terms of Agreement
▪ Commencement Time & Delays ▪ Application Of Contractual Provisions
▪ Changes in Contract Costs ▪ Violation Of Spec.s For Mat’ls & Workmanship
▪ Amount Of Damages & Penalties ▪ Payment Defaults of Employer or Contractor

ARBITRATION – A way of settling Const’n dispute(s) between parties


➢ Avoid formalities, delay, expense, vexation of ordinary litigation
➢ Who agree to submit such dispute(s) for resolution by their chosen judges or arbitrators
➢ Arbitration is a simple, speedy & less expensive alternative to court action
➢ How many arbitrators may settle a dispute? A single arbitrator or an arbitral tribunal of three (3)
➢ What cases are excluded from the coverage of E.O. 1008?
➢ Disputes arising from employer-employee relationships (under Labor Code of the PH)

MEDIATION – Settling disputes through single neutral third party (“Mediator”)


➢ The goal of mediation is for a neutral third party to help disputants come to a consensus on their own
➢ Mediator does not assume sole responsibility for generating solutions; but works together w/ the parties
as a partner to assist them in finding the best solution to further their interests
➢ Mediation can be effective at allowing parties to vent their feelings and fully explore their grievances

CONCILLATION – Settling disputes through panel of “Conciliators”


➢ The “Conciliator” plays a relatively direct role in the actual resolution of a dispute
& even advises the parties on certain solutions by making proposals for settlement
➢ The conciliator, not the parties, often develops & proposes the terms of settlement

LITIGATION – Involves a defendant facing off against a plaintiff before either a judge or a judge and jury
➢ The judge or the jury is responsible for weighing the evidence and making a ruling
➢ Info conveyed in hearings & trials become public record
➢ Lawyers typically dominate litigation, which often ends in a settlement agreement

ARBITRATION CONCILLATION / MEDIATION


May proceed even in absence of one or both
Cannot proceed if any of the parties are not present
parties
Fees based on sum in dispute Fees on per hour basis
Meetings scheduled by arbitrators Meetings scheduled by parties
Meetings recorded Report of meetings recorded
Meetings held in CIAC Venue agreed by parties
Arbitrators can rule over objections No definite time
30 days resolution but not more than 6 months
Not binding
from signing of Terms of Reference
Result is binding; Writ of execution Agreements reached by filing motion in court

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PROFESSIONAL PRACTICE

RA 9184 – GOV’T PROCUREMENT REFORM ACT


This Act shall apply to the Procurement of Infrastructure Projects, Goods, & Consulting Services, regardless of
source of funds, whether local or foreign, by all branches & instrumentalities of gov’t, its dep’ts, offices & agencies,
including gov’t-owned and/or -controlled corporations & local gov’t units

Competitive Bidding – All Procurement shall be done Submission & Receipt of Bids – A bid shall have two (2)
through Competitive Bidding components; Technical & Financial components which
should be in separate sealed envelopes, submitted
Bids & Awards Committee simultaneously
➢ Advertise and/or post the invitation to bid
➢ Bidder may modify his bid, provided that this is done
➢ Conduct pre-procurement & pre-bid conferences
before the deadline for the receipt of bids
➢ Determine the eligibility of prospective bidders
➢ Bidder may, through a letter, withdraw his bid before
➢ Receive bids
the deadline for the receipt of bids
➢ Conduct the evaluation of bids
➢ Undertake post-qualification proceedings
Bid Opening – BAC shall publicly open all bids at the
➢ Recommend award of contracts to the head of the
time, date, & place specified in the bidding doc.s
procuring entity or his duly authorized representative
Ceiling for Bid Prices – Bid prices that exceed this ceiling
PROCUREMENT ACTIVITIES
shall be disqualified from further participating in the
a) Advertisement bidding. There shall be no lower limit to the amount of the
b) Letter of Intent (LOI) award.
c) Eligibility Check
Bid for the Procurement of
d) Issuance of bid docs
Goods & Infrastructure Projects – The bids that pass the
e) Pre-Bid Conference preliminary exam shall be ranked from lowest to highest by
f) Clarification their calculated prices. The bid w/ the lowest calculated
g) Bid Bulletin price shall be referred to as the "Lowest Calculated Bid"
h) Opening of Bids
i) Bid Evaluation Bid Evaluation of Short–Listed Bidders
j) Notification for Consulting Services – shall be evaluated &
numerically ranked; by factors such as, experience,
k) Negotiation
performance, quality of personnel, price & methodology,
l) Post Qualification etc. The Bid with the highest calculated rating shall be the
m) Issuance of Notice of Award “Highest Rated Bid”
n) Contract Preparation & Signing
o) Approval of Contract by Higher Authority Post–Qualification – The stage where the bidder
p) Notice to Proceed (NTP) undergoes verification & validation whether he has
passed all the requirements and conditions as specified in
Observers – In all procurement stages, BAC shall have at the Bidding Documents.
least two (2) observers, one (1) from a duly recognized
private group, & the other from a non-gov’t organization; w/ Bidder with the:
no direct or indirect interest in the contract to bid ➢ Lowest Calculated Bid (from Goods & Infra. Proj.)
shall be considered the
Honoraria of BAC Members – in an amount “Lowest Calculated Responsive Bid”
not to exceed 25% of their basic monthly salary subject to
availability of funds ➢ Highest Rated Bid (from Consulting Services)
shall be considered the
Reference to Brand Names – Spec.s for the Procurement “Highest Rated Responsive Bid”
of Goods shall be based on relevant characteristics and/or
performance req’s. Reference to brand names Failure of Bidding – No bids are received; No bid qualifies
shall not be allowed as the Lowest Calculated Responsive Bid or Highest Rated
Responsive Bid; or, when the selected bidder refuses to
Pre–Procurement Conference – BAC is mandated to accept the award of contract. In such instances, the contract
hold such on each & every procurement; shall assess its shall be re-advertised and re-bid
readiness; confirm certification of availability of funds; &
review all relevant doc.s in adherence to law.

Pre–Bid Conference – At least one pre–bid conference


shall be conducted for each procurement

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PROFESSIONAL PRACTICE
Single Calculated / Rated & Responsive Bid Period of Action on Procurement Activities
Submission – shall be considered for award: The procurement process from the opening of bids up to the
award of contract shall not exceed three (3) months, or
a) If after advertisement, only one prospective bidder a shorter period determined by the procuring entity
submits a LOI and/or applies for eligibility check, &
meets or criteria, after w/c it submits a bid, w/c is found Failure to Enter into Contract &
to be responsive to the bidding req’s Post–Performance Security – BAC shall disqualify the
said bidder and shall undertake post-qualification for the
b) If after the advertisement, more than one prospective next-ranked Lowest Calculated Bid or Highest Rated Bid.
bidder applies for eligibility check, but only one bidder This procedure shall be repeated until an award is made.
meets the criteria, after w/c it submits a bid w/c is found However, if no award is possible, the contract shall be
to be responsive to the bidding req’s; or subjected to a new bidding.

c) If after the eligibility check, more than one bidder ALTERNATIVE METHODS OF PROCUREMENT
meets the eligibility req’s, but only one bidder
submits a bid, and its bid is found to be responsive to 1) Limited Source / Selective Bidding
the bidding req’s Direct invitation to bid from a set of pre-selected
suppliers or consultants with known experience and
➢ In all instances, the Procuring Entity shall ensure that proven capability relative to the req’s of a particular
the ABC reflects the most advantageous prevailing contract
price for the Government
2) Direct Contracting / Single Source Procurement
Notice & Execution of Award Does not require elaborate Bidding Documents
not exceeding fifteen (15) calendar days from because the supplier is simply asked to submit a price
declaration of Responsive Bid. In case of approval, the quotation or a pro-forma invoice together with the
Head of the Procuring Entity shall immediately issue the conditions of sale, which offer may be accepted
Notice of Award to the bidder w/ the Lowest Calculated immediately or after some negotiations
Responsive Bid or Highest Rated Responsive Bid
3) Repeat Order – direct Procurement of Goods from the
Notice of Award – Within ten (10) calendar days, the previous winning bidder
winning bidder shall formally enter into contract with the
Procuring Entity. When further approval is req’d, the 4) Shopping – Procuring Entity requests for the
approving authority for the contract shall be given a submission of price quotations for readily available off-
maximum of twenty (20) calendar days to approve or the-shelf; Goods or ordinary/regular equipment to be
disapprove it procured directly from suppliers of known qualification

In the case of Gov’t–Owned 5) Negotiated Procurement – Procuring Entity directly


And/or -Controlled Corp.s negotiates a contract w/ a technically, legally &
The concerned board shall take action on the said financially capable supplier, contractor or consultant
recommendation within thirty (30) calendar days from
receipt thereof.
Contract Prices – For the given scope of work in the
Notice to Proceed contract as awarded, all bid prices shall be considered
not later than seven (7) calendar days from the Date of as fixed prices, and therefore not subject to price
Approval of the contract to the winning bidder escalation during contract implementation, except under
extraordinary circumstances and upon prior approval of the
GPPB (Gov’t Procurement Policy Board)

Offenses & Penalties – Imprisonment of


not less than 6 Years & 1 Day, to 15 Years

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PROFESSIONAL PRACTICE

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