Draft Design Build
Draft Design Build
THIS AGREEMENT, made and entered into this ___th day of Month, Year Two
Thousand and _________ by and between ________________ with postal address at
_______________________________________________, the party of the First Part,
hereinafter called the OWNER, and _____________________________________with postal
address at ___________________________, the party of the Second Part, herein called
the ARCHITECT.
WITNESSETH,
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:
1.02 Basic (Regular) Detailed Architectural and Engineering (DA&E) Design of the
Project to be located at ________________________________.
days after submission of the Schematic Design to the Owner, a sum equal to fifteen
percent (15.0%) of the Basic Fee, computed upon a reasonable estimated
construction cost of the Project, less the amount paid under a.
c.
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 sufficient to increase the total payments on the fee to forty percent (40.0%) of
the Basic Fee computed upon the same estimated construction cost of the structure
as in b.
d.
Upon the completion of the Contract Documents Services, but not more than
15 days after submission of the Contract Documents to the Owner, a sum sufficient
to increase the total payments on the fee to ninety percent (90.0%) of the Basic Fee
computed upon a reasonable estimated construction cost of the structure as in b.
e.
Within 15 days after the awards to the winning Constructor-bidder or bidders
the payments to the Architect shall be adjusted so that it will amount to a sum
equivalent to ninety percent (90.0%) of the Basic Fee, computed upon the lowest
bona fide Bid or Bids or upon the winning Bid Price.
f. Progress Billing on the remaining ten percent (10.0%) of the Architects Fee
based on the original Statement of Probable Project Construction Cost (SPPCC);
g.
Upon completion of the work, the balance of the Architects fee computed on
the Final Project Construction Cost (FPCC) of the Project shall be paid.
3.03 That the Owner agrees to make partial payments during each of the various
stages of the Architect's work, upon request of the Architect, provided that such
payments are within the framework of the manner of payments outlined above.
ART. 4
THE OWNER'S RESPONSIBILITIES
The Owner shall undertake the following acts:
a. provide full information as to his requirements for the Project;
b. when necessary, designate a representative authorized to act on his behalf;
c. promptly examine and render decisions pertaining to documents submitted by
the Architect to avoid unreasonable delay in the progress of the Architects work;
the Owner shall issue orders to the General Contractor only through the Architect;
d. furnish or direct the Architect to obtain at Owner expense, a certified survey of
the site, giving, as may be required, topographical and/or relocation surveys
covering grades and lines of streets, alleys, easements, encroachments and related
information, boundaries, with dimensions and complete data pertaining to existing
buildings, structures, trees, plants, water bodies, wells, excavations/ pits, etc. and
other improvements and full information as to the available utility/ service lines
both public and private; zoning compliances, clearances, deed/s of restrictions,
encumbrances and annotations to titles, association guidelines and standards, and
soil investigations/ tests, borings and test pits necessary for determining soil and
sub-soil conditions;
e. promptly pay for architectural and all other engineering and allied services
required for the Project;
f. pay for the design and consulting services on acoustic, communication,
electronic, and other specialty systems which may be required for the Project;
g. arrange and pay for such legal, auditing, insurance, counseling and other
services as may be required for the Project;
h. pay for all reimbursable expenses incurred in the project as called for in ART 5:
Other Conditions on Services and all taxes including VAT (but not including income
tax) that the Government may impose on the Architect as a result of the services
rendered by the Architect for/ on the Project, whether the services were performed
as a natural person i.e. an individual practitioner or as a juridical entity i.e. as a sole
proprietorship, partnership or corporation; and
i. if the Owner observes or otherwise becomes aware of anything that may impair
the successful implementation of the Project, he must give prompt written notice to
the Architect.
ART 5.
OTHER CONDITIONS ON SERVICES
5.01 Conditions for the Architects Fee
The Architects Fee is based on the Project Construction Cost. Where the Architect
has to render additional services, additional compensation shall be required.
5.02
Other Services
Other services that may be needed in order to complete the Project such as services
of acoustic and illumination engineers/ specialists, mural painters, sculptors, and
other service providers are to be recommended by the Architect for the Owners
approval. Costs for these services are to be paid for separately by the Owner and
shall be subject to a coordination fee payable to the Architect.
5.03 Scale Models, 3D Models and Walk-Thru Presentations
Should a scale model, 3D models and/or walk-thru presentation of the Architects
design be necessary, they are to be recommended by the Architect for the Owners
approval. Costs for these services are to be paid for separately by the Owner and
shall be subject to a coordination fee payable to the Architect.
5.04 Per Diem and Traveling Expenses
A per diem plus traveling and living expenses shall be chargeable to the Owner
whenever the Architect or his duly authorized representative is required to perform
services at a locality beyond fifty kilometers/ 50 km (air, straight line or radial
distance) from his established office as it appears in the Architects letterhead.
5.05 Extra Sets of Contract Documents
The Owner shall pay the Architect for additional sets of Contract Documents.
5.06 Change/s Ordered by the Owner
If the Architect renders additional professional services due to changes ordered by
the Owner after approval of the Architects outputs, the Owner shall pay the
Architect for extra time, resources/ drafting, or other office expenses.
5.07 Work Suspended or Abandoned
If the work of the Architect is abandoned or suspended in whole or in part, the
Owner shall pay the Architect for the services rendered corresponding to the
amount due at the stage of suspension or abandonment of the work. The primary
service of the Architect is the preparation of architectural plans/ designs,
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).
5.15 Cost Records
During the progress of work, the Owner shall furnish the Architect a copy of the
records of expenses being incurred on the construction. Upon completion of the
project, the Owner shall furnish the Architect a copy of the summary of all cost of
labor, services, materials, equipment, fixtures and all items used at and for the
completion of the construction.
5.16 Design and Placement of Signs
All signboards of the General Contractor, sub-contractors, jobbers and dealers that
shall be placed at the project site during the progress of construction shall be
approved by the Architect as to size, design and contents. After the completion of
the project, the Owner or his building lessee shall consult the Architect for the
design, size of all signboards, letterings, directories and display boards that will be
placed on the exterior or public areas attached to the building project in order to
safeguard the Owners interest. Nothing should be installed inside or outside of the
building that would compromise its safety and aesthetics.
5.17 Project Construction Cost (PCC)
Project Construction Cost (PCC, reference Annex A of this Agreement, as supplied
by the Architect and as herein referred to), means the cost of the completed
building to the Owner, including the structure, plumbing/sanitary and electrical
fixtures, mechanical equipment, elevators, escalators, air-conditioning system, fire
protection system, alarm and clock system, communications and electronic system,
elements attached to the building and all items indicated in the plans, designs,
drawings and specifications prepared by the Architect and his consultants. The
construction cost of other items planned and designed by the Architect, such as
architectural interiors (AI) and site development plan elements and other items of
similar nature, additionally planned / designed by the Architect are also part of the
PCC.
The cost of materials used and the labor for their installation are part of the PCC. If
these items are furnished by the Owner below its market cost, the cost of the
material and labor shall nonetheless be computed on the basis of the current (and
fair market value) costs.
The PCC does not include any of the fees for the Architect, the Engineer, the
Specialist Consultants or the salaries of the construction inspectors.
5.18 Project Development Cost
Project Development Cost shall include cost of the construction as well as all
professional fees, permits, clearances and utilities and cost of acquiring the project
site / lot, cost of money, etc.
ART.6
SUCCESSORS AND ASSIGNS
The Owner and the Architect each binds himself, his partners, successors, legal
representative and assigns to the other party to this Agreement, and to the partner,
successors, legal representatives and assigns of such other party in respect of all
covenants of this Agreement. Except, as above, neither the Owner nor the Architect
shall assign, sublet or transfer his interest in this Agreement without the written
consent of the other.
ART.7
ARBITRATION
All questions in dispute under this Agreement shall be submitted in accordance with
the provisions of R.A. No. 9285,otherwise known as the Alternative Dispute
Resolution (ADR) Act of 2004 and as provided for under E.O. No.1000, governing
Construction (and Consulting) Industry Arbitration, as well as the applicable
provisions of the New Civil Code.
In case of any dispute concerning this Agreement, the Parties may venture into a
negotiation/mediation period for fourteen (14) calendar days, failure of which would
authorize any of the parties to engage in conciliatory discussions within another 14
calendar days, or to immediately seek arbitration modes of ADR under the
Construction Industry Arbitration Commission (CIAC), guaranteeing a resolution of
the issues presented within a six (6) month period, after which the losing party may
file a Petition for Review before the Court of Appeals (CA).
The exclusive venue of such ADR proceedings shall be the CIAC Office at corners
Sen . Gil Puyat Ave. and Makati Ave. in Makati City, PH.
The exclusive venue of such ADR proceedings shall be the CIAC Office at corners
Sen . Gil Puyat Ave. and Makati Ave. in Makati City, PH.
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 and year first
above given, hereunto set their hands at the bottom of this page and on the lefthand margin of all the other pages of this Agreement.
____________________
Owner
____________________
Architect
_______________________________
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