UAP DOC. 401 STANDARD CONTRACT
OWNER-ARCHITECT
OWNER ARCHITECT
AGREEMENT FORM
U A P Document 401 a
Date
:
Owner/client
:
Attention
:
Thru
:
Subject
:
Dear sir/s
:
This will confirm our agreement for me to furnish professional services as architect
of your
Proposed
:
Located at :
In accordance with the following terms and conditions:
I. GENERAL SCOPE OF ARCHITECTURAL SERVICES
The ARCHITECT/s shall perform professional services, which can consist
generally of the following:
1. Preliminary services include conferences with the client and inspection
of building site.
2. Schematic design based on the requirements/needs of the Owner.
3. Preparation
perspective.
of
Final Design Development
drawings
including
4. Preparation of Contract Documents consisting of the following:
4.1 Architectural Drawings and Details
4.2 Structural Drawings and Details
4.3 Electrical Drawings and Details
4.4 Sanitary and Plumbing Drawings and Details
4.5 Mechanical Drawings and Details if required
4.6 Specifications
4.7 Budgetary Cost Estimates
5. Periodic visits of Construction.
(Note: 8-hour of full time supervision or construction management is not
included but may be under separate contract)
II. ARCHITECT’S FEE
The owner agrees to pay the Architect in accordance with the Architect’s
National Code(UAP Doc. 202) a basic fee of
_ percent(%) of the total
estimated project construction cost. However, the fee shall be adjusted up or
down based on the final construction cost. However, the fee shall be adjusted
up or down based on the final construction cost.
III. MANNER OF PAYMENT
1. Upon signing of this Agreement, the Owner-Client shall pay the
Architect in the following manner: The amount of PESOS:
(P ) as the minimum payment for Architect’s basic services. However,
monthly retainer fees can be arranged and deducted from the total fees
during the during the preparation of the different phases of the project up
to completion of Contract Documents.
2. Upon completion of the preparation of schematic design phase up final
design development drawings—30% of the Architect’s fee.
3. upon completion and submission of five (5) sets of sighed and sealed
Contract Documents---50% of the Architect’s fee. (Equivalent to 85% of
total fee).
4. During construction implementation (periodic visits) – balance of fee
computed on the final Project Construction Cost. Time frame for
construction implementation shall not be more than 1.3 of the time
allotted for the project. Any extra time necessary for periodic observation
will be renegotiated.
5. Upon request of the Architect, the Owner agrees to make partial
payments during each of the various stages of work, provided that such
payments are within the frame work of the payments outlined above.
IV. DELAYED PAYMENT
Any payment due the Architect beyond 30 days from receipt of billing
shall bear 2% interest per month.
V. DATA REQUIRED FROM THE OWNER
All technical description of property, duly certified lot and vicinity plans,
contour maps, etc. at a convenient scale and other relevant data will be
furnished by the Client/Owner so that the design of the project can start
immediately.
VI. CHANGES AND/OR REVISIONS
Any changes and/or revisions requested by the Owner after approval of
final design shall be subjected to compensation agreed by both parties but not
less than man hour time charge plus materials used times a factor of 2.5.
VII. OWNERSHIP OF DOCUMENTS
Contract documents shall remain the property of the Architect in
accordance with RA 545 and PD 49 whether the design is executed or not.
Additional copies when required will be for account of the Owner.
Very truly yours,
Conforme
Architect
Owner-Client
Date
UAP DOC. 401 STANDARD CONTRACT
OWNER-ARCHITECT
OWNER ARCHITECT
AGREEMENT FORM
U A P Document 401 b
PROJECT
:
LOCATION
:
OWNER
:
ARCHITECT
:
DATE
:
March
2010
THIS AGREEMENT, made and entered into this
day of Two Thousand and
Ten by and between
with postal
address at
the party of the First Part,
hereinafter called the CLIENT, and ARCHITECT with postal address at
the party of the
second part, herewith after called the Architect.
WITNESSETH,
That whereas the OWNER intends to
hereinafter called the PROJECT.
NOW, THEREFORE,
The Owner and the Architect, for and in consideration of the foregoing premises
and the others covenants hereinafter named, agree as follows:
ARTICLE 1.
SCOPE OF WORK
That the scope of work to be done by the Architect, as herein authorized by the
Owner, for the subject project herein referred to consists of professional services
for the following:
1.1
Site planning of the building or buildings including other concomitant
structures, as may be determined by the Owner.
1.2
Designing
ARTICLE 2.
of
the
ARCHITECT’S BASIC SERVICES
The Architect’s Basic Services consist of the following:
2.1
Preliminary Design Phase
a. The Architect shall consult with the Owner to ascertain the requirements of
the Project and shall conform such requirements to the owner.
b. He shall discuss to the Owner his budget for the said project for design
consideration.
c. He shall request to the Owner to submit the lot plan dully prepared and
signed by a registered Geodetic Engineer. If possible Land Title included.
d. The Architect shall make ocular inspection of the site to feel the surrounding.
e. He prepares Preliminary Design studies leading to the recommended solution
together with a general description of the Project for the approval by the
Owner.
f. He shall submit to the Owner a Statement of Probable Construction Cost base
on Current Cost Parameter.
2.2
Design Development Phase (Preliminary Studies)
1. The Architect shall prepare the Design Development Documents
consisting of plans, elevations and other Drawings and outline
specifications; to fix and illustrate the size and character of the entire
project in its essentials as to kinds of materials, type of structure.
2. He shall submit to the Owner a colored Perspective for visual idea of the
Project.
3. He shall submit to the Owner the Client’s Confidential Information Record
for final guideline in the preparation of Contract Document Phase.
2.3
Contract Document Phase (Final Working drawing)
1. The architect shall prepare from the approved Design development
Documents, the Construction Drawing and specification setting forth in
detail the work required for the architectural, structural, electrical,
sanitary, mechanical, fire protection, service connected equipment and
site work.
2. He shall prepare specifications describing type and quality of materials,
finish, and manner of construction and the general conditions under
which the project is to be constructed.
3. He shall furnish not more than five (5) complete sets of contract drawings,
specifications and general conditions for purposes of building permit.
4. He shall keep the Owner informed of any adjustments to previous
Statements of Probable Project Construction Cost indicated by changes
in scope, requirements or Market conditions.
5. He shall assist the Owner in filling the required documents to secure
approval of Government authorities having jurisdiction over the design of
the project.
6. He shall provide complete working drawings and specifications to
contractor for Bidding purposes and the Contractor pay the Architect for
all Printed materials.
2.4
Construction Phase
1. The Architect shall prepare forms contract letting, documents for
construction, including forms for invitation and instruction bidders and
forms for bidder’s proposals.
2. He shall assist the Owner in obtaining proposals from Contractors and in
awarding and preparing construction contracts.
3. To the extent provided by the contract between the Owner and the
Contractor, he shall make decisions on all claims of the Owner and
Contractor and on all matters relating to the execution and progress of
the work or the interpretation of the Contract Documents. He shall check
and approve samples, schedules, shop drawings and other submissions
only for conformance with the information given by the Contract
Documents, prepare change orders and assemble written guarantees
required of the Contractors for submission to the Owner.
4. He will make periodic visits to the site to familiarize himself generally with
the progress and quality of the work and to determine in general if the
work is proceeding in accordance with the Contract Documents. He will
not be required to make exhaustive or continues on-site inspections to
check the quality of the work and he will not be responsible for the
Contractor’s failure to carry out the construction work in accordance with
the Contract Documents. During such visits and on the basis of his
observations progress of the work, will endeavour to guard the Owner
against defects and deficiencies in the work Contractors, and he may
condemn work as failing to conform to the Contract Documents.
5. Based on his observations and the Contractor’s Application for Payment,
he will determine the amount owing to the Contractor and he will issue
Certificates for Payment in such amounts. These Certificates will constitute
a representation to the Owner, based on such observations and the work
has comprising the Application for Payment that the work has progressed
to the point indicated.
By issuing a Certificate for Payment, the Architect will also represent to the
Owner that, to the best of his knowledge, information and belief that, to the
best of his knowledge, information and belief based on what their observations
have revealed, the quality of the work is in accordance with the Contract
Documents. They will conduct inspections to determine the dates of substantial
and final completion and issue a final certificate for Payment.
6. The Architect shall provide a Project Engineers to act as full time
supervisor, coordinators and to implement all the drawings in contract
document as submitted by the architect.
The project Engineers shall do all works from bidding and all matter related to
execution and progress of the work or interpretation of the Contract Documents
with the direct monitoring by the architect at all time.
ARTICLE 3.
ARCHITECT’S FEE AND MANNER OF PAYMENTS
3.01
That the CLIENT agrees of PROFESSIONAL FEES of
PERCENT
OF THE TOTAL SITE DEVELOPMENT & CONSTRUCTION COST for the ArchitecturalEngineering and Master Planning for the development cost of the site.
3.02
That payments to the Architect on account of his fee shall be made by
the Client as follows:
a. Acceptance fee of
of the Professional Fees (P
) upon
signing of this Agreement before we proceed with further studies of the project
and to cover the expenses being shoulder by the architect at the moment.
b. Upon the completion of the Schematic Design Services, after submission
of the Schematic Design to the Owner, a sum equal to
,
computed upon a reasonable estimated construction cost of the structure.
c. Upon the completion of the Design Development Services, after submission
of the Schematic Design to the Owner, a sum sufficient to increase the total
payments on the fee to
_ of the Basic Fee computed upon the
same estimated construction cost of the structure.
d. Upon the completion of the Contract Documents Services, after submission of
the Contract Documents to the Owner, a sum sufficient to increase the total
payments on the fee to
percent of the Basic Fee computed
upon a reasonable estimated construction cost of the structure.
3.03 Since the Construction Period is indefinite and no target period of
accomplishment, the remaining amount shall for the Supervision Fees which shall
be paid Monthly bases during the construction period of 8-12 months.
ARTICLE 4.
THE CLIENT’S RESPONSIBILITIES
4.01
The Owner shall provide full information as to his requirements for the
Project.
4.02 He shall designate, when necessary Project Engineer authorized to act in
his behalf. He shall examine documents submitted by the Architect and render
decisions pertaining thereto promptly, to avoid unreasonable delay in the
progress of the Architect’s work. He shall observe the procedure of issuing orders
to contractors only through Architect.
4.03
He shall furnish or direct the Architect to obtain at the Owner’s expense,
a
certified survey of the site, giving, as required, grades and lines of
streets, alleys, payments, and adjoining property; rights of way, restriction,
boundaries, and contours of the building site; locations, dimensions and
complete data pertaining to existing buildings, other improvements and trees,
full information as to available service and utility lines both public and private
and boring test and pits necessary for determining sub-soil conditions.
4.04 He shall pay for structural, chemical, mechanical, soil mechanics or other
tests and reports as may be required for the project.
4.05
He shall pay for design and consultancy services on acoustic,
communication, electronic and other specialty systems as may be required
by the Project.
4.06
He shall arrange and pay for such legal, auditing, and insurance
counselling
services and taxes as may be required for the Project or by the
government.
4.07
He shall pay all reimbursable expenses incurred in the project as called
for in Article 7 and all taxes (not including income tax) that the government
may Impose on the Architect, as a result of the services rendered by the
Architect, as
a result of the services rendered by the Architect on the
project whether the
services were performed as an individual practitioner,
as a partnership or as a
corporation.
4.08 If the Owner observes or otherwise becomes aware of any defect in the
Project, he shall give prompt written notice thereof to the Architect.
ARTICLE 5.
PROJECT CONSTRUCTION COST
5.1.1 That the cost of the work or Project Construction Cost as herein referred
to, means the cost of the completed structure to the Owner including plumbing
and electrical fixtures, mechanical & air con equipments, generators, pumps,
elevators, escalators, fire fighting equipment, automatic fire sprinklers system,
communication and sound system elements attached to the building and all
items indicated in the drawings, specified or designed by the Architect. Other
items if designed and planned by the Architect, such movable closets,
cabinets, pieces of furniture, covered walks, grotto, pools, landscaping and
other items of similar nature are to be paid separately by the Owner to the
Architect as stipulated in Art. 7.02. The Project Construction Cost, however, does
not include any Architect’s fee or engineer’s fee or the salaries of the
construction inspectors. When labor or materials are furnished by the Owner
below its market cost, the cost of the work shall be computed upon such current
market cost.
ARTICLE 6.
BASIC FEE AND BASIC RATE
The “Basic Fee” and “Basic Rate” referred to in Article 3, applies to
construction work done by a contractor or contractors on the basis
of a lump sum contract or lump sum contracts. Construction work let on any
cost-plus- fee basis, or on any basis other than the lump sum contract basis,
where the Architect has to render more than the regular or basic services
shall be the
subject of a special additional charge commensurate with
the special services required. Such special charge shall be in addition to the
Basic Fee provided
herein.
ARTICLE 7.
OTHER EXPENSES CHARGEABLE TO THE OWNER
7.1 Government Taxes on Services: The Architect’s Fee as stipulated in Article 3 is
net to the Architect. Any tax that the government may impose on the Architect
as a consequence of the services performed for the Project (exclusive of
income tax) shall be Basic Fee provided herein.
7.2 Different Periods of Construction: that if portions of the building are erected
at different periods of time, thus increasing the Architect’s construction phase
period and burden of services, charges pertaining to services rendered during
the construction phase shall be doubled. It is understood that a suspension of
construction for a period of not exceeding six (6) months shall not be covered
by this provision.
7.3 Separate Services: that if the Owner requires the Architect to design or plan
movable closets, cabinets, pieces of furniture, covered walks, grotto, pools,
landscaping and other items of similar nature, the Owner shall pay the Architect
additional compensation in the amount of Fifteen Percent (15%) of the
construction cost of the above work.
7.04 Other Professional Services: that the Architect’s fee includes normal
structural, electrical, sanitary and mechanical engineering services, but not
include services for survey, soil exploration and laboratory tests which are on the
account of the Owner as stipulated in Article 4.04. Other services that may be
need in order to complete the project such as acoustic engineers, mural
painters, sculptors and interior decorators are to be recommended by the
Architect for the Owner’s approval and cost for these services are to be paid by
the Owner and not deductible from the Architect’s Fee.
7.05 Extra Sets of Contract Documents: that the Architect is to furnish the
Owner five (5) sets of Drawings, Specifications and other Contract Documents.
Cost for printing or reproduction of extra sets of Contract Documents when
required by the Owner or his representatives is to be paid by the Owner.
7.06 Changes Ordered by Owner: if the Architect is caused extra drafting and
other expenses due to changes ordered by the owner, after the approval of the
preliminary design phase, the Architect shall be paid such expenses and
services involved as per the agreed amount by both parties but not less than the
amount equivalent to the direct cost of consultant fee and personnel salaries
plus cost of material times a multiplier of 2.5.
ARTICLE 9.
ESTIMATES
Since the Architect has no control over the cost of labor and materials, or
competitive bidding, he does not guarantee the accuracy of any Statements of
Probable Construction Cost, or any Semi-Detailed or Detailed Cost Estimates.
ARTICLE 10. DESIGN AND PLACEMENT OF SIGN
All signboards of contractors, sub-contractors, jobbers and dealers that
will be placed at the job site during the progress of construction shall be
approved by the Architect as to size, design and content. After the
completion of the project, the Owner or his lessee shall consult the Architect
in the design and size of all signboards, lettering, directories and display
boards that will be placed on the exterior or public areas within the building,
in order to guard the
Owner’s interest that nothing will be installed in the
building that would mar
the function and aesthetics of the structure.
ARTICLE 11. OWNERSHIP OF DOCUMENTS
All designs, drawings, specifications and copies thereof, prepared and furnished
by the Architect in connection with subject project pursuant to this Agreement,
are instruments of professional service. As instruments of service they are the
property of the Architect whether the work for which they are made may be
executed or not, and are not to be reproduced or used on other work except
by written agreement with the Architect.
ARTICLE 12. ARBITATION
All questions in dispute under this Agreement shall be submitted in
accordance with the provisions of the Philippines Law of Arbitration and
provided for in
Art No. 876.
The Parties to this Agreement hereby agree to full performance of the
covenants
Contained herein.
IN WITNESS WHEREOF, the parties to this Agreement have on the day year first
above given, hereunto set their hands at the bottom of this page and on the
left-hand margin of
All the other pages of this Agreement.
By:
CLIENT
ARCHITECT
SIGNED IN THE PRESENCE OF:
Owner – Architect Agreement….. 09
OWNER ARCHITECT
AGREEMENT FORM
U A P Document 402
PROJECT
:
LOCATION
:
OWNER
:
ARCHITECT
:
CONTRACTOR
:
THIS AGREEMENT, made and entered into this
day of
HUNDRED and by and between
postal address at
party of the second part, here in after called the CONSTRACTOR.
NINETEEN
with
The
WITHNESSETH,
That the owner and the contractor, for and in consideration of the covenants,
agreement and stipulation set forth, do hereby agree as follows:
ARTICLE 1. SCOPE OF THE WORK
1.01
The constructor, in consideration of the payment to be made by
the owner to the Constructor of the sum of money hereinafter
named, agrees to furnish all labor, materials, equipment, plants,
tools and other facilities and the satisfactory and faithful
performance of all the work necessary to commence and
complete the project ready to use (except the works to be done by
other parties hereto) as shown on the Drawings and described in
the Specifications, instruction and other related documents as
prepared by
acting
documents entitled the architect.
as and
in these contract
ARTICLE 2. TIME OF COMPLETIONA AND LIQUIDATED DAMAGES
2.01
The work stipulated in this Contract shall be completed “broom”
clean and ready for use not later than
.
2.02
As time is an essential element in this contract, the Constructor
agrees to pay the owner the amount of
for each and
every calendar day of delay (Sunday and holidays included) in
which the constructors fails to complete the work beyond
the said payment to be considered as liquidated
damages.
ARTICLE 3. THE CONTRACT AMOUNT
3.01
The owner agrees that for and in consideration of the faithful
performance by the Constructor of this contract, he shall pay to the
Constructor, in a manner provided hereinafter, the amount of
(P
).
3.02
It is expressly agreed by both parties that no change shall be made
in the above mentioned contract amount as a result of any
fluctuation in the cost of materials and/or labor, except those
conditions as enumerated in art. 3.03.
3.03
should the Owner require the constructor to perform work over and
above that required by this agreement and additional cost shall be
added to the contract amount and, likewise, should be ordered to
omit work as required by this agreement, the cost of work omitted
shall be deducted from the contract amount. In either case, the
cost of additions or reductions shall previously be mutually agreed
upon in writing by both owner and constructor upon
recommendation of the architect before execution.
3.04
Any payment due and payable to the constructor may be offset
against any liquidated damage payable to the owner under this
contract.
ARTICLE 4. PAYMENTS
4.01
Payments on account of this contract shall be made by the owner
at the end of every month equivalent to ninety percent of the value
of estimated work as computed by the architect using a basis of
“breakdown of work and corresponding value” mutually agreed
upon between the architect and the constructor prior the start of
construction.
4.02
Should the Owner fail to pay within 30 days the sum of any
certificate of the architect then due, the constructor shall receive in
addition to the sum in the certificate, interest thereon, at the legal
rate in force.
4.03
Final and full payment of the consideration herein above
mentioned shall be made by the Owner to the constructor upon
fulfilling the conditions set forth in the general conditions.
ARTICLE 5. THE CONTRACT DOCUMENTS
The following documents prepared by the architects shall constitute
and integral part of this contract as fully as if hereto attached or
herein stated, except as otherwise modified by mutual agreement
of parties:
a.
Architectural Drawings
sheets
b.
Structural Drawings
sheets
c.
Electrical Drawing
sheets
d.
Plumbing (sanitary) Drawings
sheets
e.
Mechanical Drawings
sheets
f.
General Conditions
pages
g.
General Specifications
pages
h.
Structural Specification
pages
i.
Electrical Specification
pages
j.
Plumbing (sanitary) Specifications
pages
k.
Mechanical Specifications
pages
l.
General Scope of Work
pages
m.
Schedule of Materials & Finishes
pages
n.
Supplementary & related Documents
pages
ARTICLE 6. PERFORMANCE AND PAYMENT BONDS
6.01 The Constructor, within 15 days from signing of this Contract shall
furnish the Owner Performance and Payment Bongs in the form of a
surety bong acceptable to the Owner in the amount equal to thirty
percent(30%) of the full contract price, conditioned for the faithful
performance of the Contract and the satisfaction of obligations for
materials used and labor employed on the work. These bonds shall
be effective within a period of one (10 year after the acceptance
of the work by the Owner.
ARTICLE 7. TAXES, LICENSES, PERMITS AND FEES
7.01 All taxes, licenses, permits and fees which may be due may be due
to the local and/or national government on account of
performance and completion of the work stipulated herein.