SERVICE CONTRACT
THIS AGREEMENT, made and entered into this ___th day of Month, Year Two Thousand and _________
by
and
between
________________
with
postal
address
at
_______________________________________________, hereinafter called the OWNER, and
_____________________________________with postal address at ___________________________,
herein called the ARCHITECT.
WITNESSETH,
That whereas the OWNER intends to build a ______________________ to be located at
_________________________________________, hereinafter called the PROJECT.
NOW, THEREFORE, The Owner and the Architect, for and in consideration of the foregoing promises and
of the other covenants hereinafter named, agree as follows:
ARTICLE 1
Architect’s Basic Responsibilities
1.1 The Architect's services consist of those services performed by the Architect, Architect's employees
and consultants as enumerated in Article Two of this Agreement which include basic structural, mechanical,
plumbing, sanitary and electrical engineering services.
1.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and
care and the orderly progress of the Project. The Architect, upon the Owner’s request and approval, shall
submit a schedule or time parameters for the performance of the Architect's services which may be
adjusted as the Project proceeds. This shall include allowances for periods of time required for the Owner's
review and for approval of submissions by authorities having jurisdiction over the Project.
.
1.3 Services for Interior Design and specification of loose furniture are not part of the Architect’s basic
services. If such services are requested by the Owner, another proposal with a basic fee will be provided
which will include inventory of existing furniture, selection, bidding, and checking installation of new
furniture. Compensation will be based on the designed scope of furniture and equipment to be provided by
the Architect and shall be negotiated by the parties involved.
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ARTICLE 2
Scope of Architect’s Services
2.1 Pre-Design and Project Definition Phase
2.1.1 The Architect shall investigate, identify and document the needs of the Owner for use in the design of
the Project and shall aim to arrive at a mutual understanding of such requirements with the Owner.
2.1.2 The Architect shall assist the Owner in locating/analyzing the proposed Project site, evaluating its
adequacy with regard to topography, sub-surface and surrounding conditions, utilities, initial development
costs, ecological conditions, legal considerations and other factors.
2.1.3 The Architect shall provide recommendations in line with the proposed design of the Project,
translate the Owner’s space requirements into an architectural program and if deemed necessary, assist in
the appointment of other specialists, consultants or engineers for the inspection and assessment of the site
or existing structure.
2.2 Schematic Design Phase
2.2.1 The Architect shall arrange, attend and record meetings with the Owner and other relevant and
related parties for the preparation and submission of the following documents:
a.)
b.)
c.)
d.)
e.)
Design Conceptualization
Preliminary Sketches
Area Computation
Preliminary Perspective Showing the massing of the building
Probable project construction cost based on current cost parameters
2.2.2 Upon the approval of the submitted schemes above, the more concrete development of the design
shall take place. The above-cited documents shall be attested by the signature of the Owner to indicate his
approval.
2.3 Design Development Phase
2.3.1 The Architect shall undertake a study and assessment of plans, sections, elevations and other
drawings, and outline specifications, to fix and illustrate the size and character of the entire Project, and the
materials and type of structure as may be required. The following documents shall be submitted during this
phase by the Architect to the Owner:
a.)
b.)
c.)
d.)
e.)
f.)
Floor Plans
Roof Plans
Sections
Elevations
Perspective – vistas and focuses
Preliminary material specifications
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g.)
Statement of probable project construction cost derived from current cost parameters and
area computation from developed design.
2.3.2 The Architect shall coordinate with Engineering Consultants to discuss, verify and confirm detailed
building services on the electrical, mechanical, plumbing and sanitary requirements of the Project.
2.3.3 The Architect shall advise the Owner of any adjustments to the preliminary estimate of construction
cost.
2.3.4 The Owner shall place his signature on the Design Development documents as indication of his
approval of the said Plans. The next Phase of the Architect’s basic services shall proceed thereafter.
2.4 Contract Documents Phase
2.4.1 The Architect shall prepare based on the approved Design Development Documents: the
Construction Drawings, Plans, Designs and Specifications setting forth in detail the work required for the
architectural, structural, electrical, electronic, mechanical, plumbing, sanitary, service-connected equipment
and site development work. In line with this paragraph, the following documents shall be submitted by the
Architect to the Owner:
a.)
b.)
c.)
d.)
Provision of Architectural- signed and –sealed drawings
Provision of Professional Structural Engineer- signed and- sealed drawings
Provision of Power Layout and Lighting Layout with corresponding computations
and diagrams
Provision of Water Line and Sanitary Line Layout with corresponding computations
and diagrams
2.4.2 The Architect shall prepare the Technical Specifications describing type and quality of materials,
finish, manner of construction and the general conditions under which the Project is to be constructed;
2.4.3 The Architect shall furnish not more than seven (7) sets of the required plans, designs, drawings,
specifications and estimates for the purpose of securing the Building Permit for the Project. For the
purposes of bidding, complete sets of contract drawings, specifications and general conditions shall be
issued by the Architect to prospective Constructor-Bidders only upon the Owner’s official instruction/s.
2.4.4 The Architect shall keep the Owner informed of any adjustments to the previous estimation of
construction cost previously communicated during the Design Development stage.
2.4.5 The Architect may assist the Owner, upon his request and for an additional charge to be specified by
the Architect, in the filing of the required documents to secure approval of governmental authorities having
jurisdiction over the design of the Project.
2.4.6 If the Architectural plans, designs, drawings, specifications and estimates were not approved by the
appropriate government authority, they will be revised accordingly subject to the approval of the Owner.
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2.5 Construction Phase
2.5.1 The Architect shall prepare based on the approved Contract Documents and any further adjustments
in the scope or quality of the Project and in the construction budget authorized by the Owner, Construction
Documents consisting of Drawings and Specifications setting forth in detail the requirements for the
construction of the Project for review and approval by the Owner.
2.5.2 The Architect shall assist the Owner in the preparation of contract letting documents for construction,
including forms for invitations and instructions to construction bidders and forms for bidder proposals if
deemed necessary.
2.5.3 The Architect shall assist the Owner in obtaining and analyzing proposals from Constructors and in
awarding and preparing construction contracts.
2.5.4 To the extent provided by the contract between the Owner and the Constructor, the Architect shall
make decisions on all claims of the Owner and Constructor and on all other matters relating to the
execution and progress of the Project and/or the interpretation of the Contract Documents. The Architect
shall examine and approve samples, schedules, shop drawings and other submissions to ensure that they
are in conformance with the data indicated in the Contract Documents, prepare change orders and
assemble written guarantees required of the Constructors for submission to the Owner.
2.5.5 The Architect shall make periodic visits of twice a week to the site to check the general progress and
quality of the work and to determine whether the work is proceeding in accordance with the Plans and
Specifications in the Contract Documents. The Architect will not be required to make exhaustive or
continuous on-site inspections to check the quality or quantity of the work and will not be responsible for the
Constructor's failure to carry out the construction work in accordance with the Contract Documents. During
such visits and on the basis of his observations while at the site, the Architect will keep the Owner informed
of the progress of the work, will endeavor to guard the Owner against defects and deficiencies in the work of
Constructors, and he may condemn work as failing to conform to the Contract Documents.
2.5.6 If more extensive representation and inspection of the construction onsite is required, a separate fulltime inspector or supervisor shall be hired by the Owner. The conditions, under which said inspectors or
supervisors shall be selected, employed and directed, shall be agreed to by the Owner and the Architect and
set forth as an exhibit to this Agreement.
ARTICLE 3
Owner’s Responsibilities
3.1 The Owner shall provide full information as to his requirements for the Project.
3.2 The Owner shall arrange and pay for such legal, auditing and other services such as tests, reports,
surveys and specialty systems as may be required for the Project.
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3.3 The Owner shall pay all reimbursable expenses incurred in the Project as called for in Article Two of
this Agreement 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 on the Project.
3.4 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 4
Architect’s fee, manner of payment and timeline
4.1 The proposed professional fee for the basic services of the Architect as set forth in Article Two of this
Agreement shall be __________. The settled fee will also cover the professional fees of the structural,
electrical and sanitary engineers/ consultants engaged in the Project.
4.2 Upon the completion of the Schematic Design Services, but not more than 15 days after submission of
the Schematic Design to the Owner, a sum equal to THIRTY PERCENT (30.0%) of the Basic Fee shall be
due to the Architect.
4.3 Upon the completion of the Design Development Services, but not more than 15 days after submission
of the Design Development Documents to the Owner, a sum equal to THIRTY PERCENT (30.0%) of the
Basic Fee shall be due to the Architect.
4.4 Upon the completion of the Contract Development Services, but not more than 15 days after
submission of the Design Development Documents to the Owner, a sum equal to FORTY PERCENT
(40.0%) of the Basic Fee shall be due to the Architect.
4.5 Any major revisions requested by the Owner on his approved plans and drawings during the
Schematic and Design Development Phase shall be charged to the Owner accordingly.
4.6 Reimbursable Expenses are in addition to the payment for Basic Professional Fee and Additional
Services which include expenses incurred by the Architect, Architect's employees and consultants in the
interest of the Project such as transportation expense and other fees related thereto. Payment thereof shall
be given by the Owner not more than 15 days after the Architect submitted his liquidation report or
breakdown of expenses with corresponding receipts and invoice, if available.
4.7 Should any work designed or specified by the Architect be suspended or abandoned in whole or in part,
the Architect is to be paid by the Owner commensurate with the services rendered and/or corresponding to the
component Architect’s Fees due at the stage of suspension or abandonment of the work.
4.8 The timeline for the submittals of the Architect to the owner on each phase of the former’s services shall
be as follows:
Architectural Design Phase
A. Schematic Phase
B. Design Development Phase
C. Construction Phase
Date
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ARTICLE 5
Ownership of the Documents
5.1 All designs, drawings, models, specifications and other contract documents and copies thereof,
prepared, duly signed, stamped and sealed and furnished as instruments of service, are the intellectual
property and documents of the Architect, whether the work for which they were made is executed or not,
and are not to be reproduced or used on other work except with a written agreement with the Architect
(Sec. 33 of R.A. No. 9266).
By:
NAME OF OWNER/CLIENT
OWNER
NAME OF ARCHITECT
ARCHITECT
SIGNED IN THE PRESENCE OF:
______________________________
_________________________________
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ACKNOWLEDGEMENT
Republic of the Philippines)
City/Municipality of _______________ ) S.S.
Before me, a Notary Public in ______________ personally appeared Mr. _______________, with Residence
Certificate No. _____________ issued on _______________at ______________ and Architect _______________
with Residence Certificate No. _____________ issued on ____________ at ______________, both known to me
and to me known to be the same persons who execute the foregoing instrument and acknowledged to me that the
same is their free act and deed.
In witness whereof, I have hereunto set my hand and affixed my Notarial Seal this __ day ______________ in the
City of ___________, Philippines.
NOTARY PUBLIC
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