aearchitects

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National Road Alangilan, Batangas | aearchitects@gmail.com
(0907) 236 0612 | (0910) 257 3343

NOW, THEREFORE,

The OWNER and the ARCHITECT, for and in consideration of the foregoing premises and of the other covenants hereinafter
named, agree as follows:

ARTICLE 1. SCOPE OF WORKS

The scope of works to be done as herein agreed between the OWNER and the ARCHITECT for the subject project
herein referred shall be DESIGN-BUILD SERVICE BY ADMINISTRATION to consist of professional services as
follows:

1.1 ARCHITECT as Designer & Builder

a. Prepare drawings and documents required for the completion of the project. Attached as Annex B.
b. Assist in securing of permits. The ARCHITECT may secure the necessary permits from local and national
government offices and local or national utility services for the OWNER. Fees and miscellaneous
expenses shall be charged to the OWNER.
c. Hire workers and/or Specialty/Trade Contractors that would work with the construction team.
d. Coordinate and supervise all construction groups involved in the project.
e. Purchase materials and rent tools & equipment.
f. Approve methods and systems of construction.
1.2 Quality Control of Work and Keeping of Records
a. Make regular visits to the site and inspect progress, quality of work, materials and equipment for
consistency with the specifications and good architecture & engineering practice.
b. Make a Construction Log Book as required by the Building Officials Office. At the end of the Project, and
upon full payment, this Construction Log Book shall then be turned over to the OWNER for securing of the
Certificate of Completion & Occupancy.
c. Keep records and books of accounts & deliveries for submission to the OWNER at the end of the project.

ARTICLE 2. COSTS & MANNER OF PAYMENTS

2.1 Part and parcel of this agreement is an estimate of the PROBABLE CONSTRUCTION COST, (Attached as
Annex A). This is a budgetary cost estimate based on the ARCHITECTS latest completed projects.

2.2 The Owner agrees to pay the ARCHITECT professional fees, Ten Percent (10%) for the Design Services (Ref.:
UAP Document 200, PRC SPP Document 202) and Ten Percent (10%) for the Straight Contract/ Design
Build by Guaranteed Maximum Cost (Ref.: UAP Document 200, PRC SPP Document 207).

2.3 Release of payments to the ARCHITECT for the Design Phase shall be made by the Owner as follows:
a. First payment, five percent (5%) upon acceptance and signing of this agreement. Design Work shall
commence within three (3) working days.
b. Schematic Design/s for approval shall be presented within Thirty (30) Calendar Days.
c. Second payment, ten percent (10%) upon approval of the Schematic Design.
d. Production drawings, documents for securing of Building Permits shall then be made and completed within
Thirty (30) Calendar Days.
e. Third payment, twenty percent (20%) upon completion of Production drawings.
f. Construction documents shall be prepared for securing of Building and other Permits within Seven (7)
calendar Days. Processing of permits shall then commence.
g. Fourth payment, fifty percent (50%) upon securing of Permits and Licenses required for construction.
h. Fifteen percent (15%) upon completion & acceptance of the project.

2.4 Release of payments to the ARCHITECT for the Construction Phase shall be as per SCHEDULE REVOLVING
FUND.

2.5 To be considered as part and parcel of this AGREEMENT shall be the Probable Construction Cost (attached as
Annex A), Design Proposal Drawings (to be attached as Annex B), Bill of Materials and Cost Estimates (to be
attached as Annex C), Architectural Specifications (to be attached as Annex D), Schedule of Revolving Fund
for Professional Services (to be attached as Annex E) and Schedule of Revolving Fund for Construction
Phase (to be attached as Annex F).

2.6 That the cost of the work or Project Construction Cost as herein referred to, means the cost of the structure to
the Owner including all structural, architectural, plumbing electrical & mechanical elements as shown on the
bill of materials, drawings and specifications - all as specified, designed and approved.

OWNER ARCHITECT AGREEMENT

DESIGN BUILD SERVICES BY ADMINISTRATION
Ref.: UAP Document 200, PRC SPP Documents 202 & 207 RA No. 9266
 aearchitects
Architectural | Structural | Interior | Construction | Management
National Road Alangilan, Batangas | aearchitects@gmail.com
(0907) 236 0612 | (0910) 257 3343

ARTICLE 3. COMMENCEMENT OF WORK AND TIME OF COMPLETION

3.01 The ARCHITECT shall commence the construction not later than Seven (7) Days after the first release of the
first REVOLVING FUND and shall regularly proceed and complete the construction within:

SIX (6) MONTHS or ONE HUNDRED EIGHTY (180) CALENDAR DAYS

to be counted from the commencement of the work; unless prevented by typhoon, storm, tropical and/or
monsoon rains, fortuitous events, delays requested or caused by the OWNER, in which case the OWNER
agrees to extend the completion time accordingly.

3.2 That the said project may be finished at an earlier date if the OWNER so desires, provided that the
corresponding adjustments to the release of REVOLVING FUNDS be made. This will also require a
corresponding adjustment on work schedule at the site. That instead of the regular working hours, another
eight (8) to ten (10) hours of work shall be allowed by the OWNER.

ARTICLE 4. THE OWNERS RESPONSIBILITIES

4.1 The OWNER shall provide full information as to his/her requirements for the Project.

4.2 The OWNER shall, if and when required, arrange and pay for such legal, auditing, bonds, insurance and
counseling services as may be required for the project and/or by the local, provincial, regional or national
government.

4.3 The OWNER shall release the REVOLVING FUNDS no later than the scheduled dates; each day of delay in
payment thereof shall cause seven (7) days extension in the Time of Completion. In no case shall the
release of payment be delayed for more than three (3) days; otherwise, the ARCHITECT may suspend or
stop the construction and production works. Such suspension shall cause corresponding additional cost for
all the rented equipment/s and salaries of workers as required by the Department of Labor and Employment
(DOLE).

4.4 The OWNER shall promptly pay all reimbursable and emergency expenses incurred or paid by the ARCHITECT.

4.5 If the Owner observes or otherwise becomes aware of any defect in the Project. He/she or his/her representative
shall give prompt written notice thereto to the ARCHITECT.

ARTICLE 5. OTHER EXPENSES CHARGEABLE TO THE OWNER

5.1 Government Taxes on Services: The Fees as stipulated in Article 2.02 is net to the Architect. Any taxes or fees
that the government may impose on the Architect as a consequence of the services performed for the Project
(exclusive of income tax) shall be paid by the OWNER.

5.2 Different Periods of Construction: that if certain phases of construction are delayed by causes such as delay on
delivery of materials or other specialty items procured by the OWNER, thus increasing the ARCHITECTs
construction phase period and burden of services, charges pertaining to services rendered during such
period shall be commensurately paid by the OWNER.

5.3 Changes Ordered by the Owner: that if certain parts of the project are amended or caused to be amended by the
Owner and/or his/her representative/s, corresponding addition to the Project Construction Cost shall first be
approved by the ARCHITECT before actual implementation.

5.4 Work Suspended or Abandoned: If the Project is abandoned or suspended, in whole or in part, the ARCHITECT is
to be paid by the Owner for the services rendered corresponding to the fees due at the stage of suspension
or abandonment of the work. Workers, tools & equipment may then be removed from the site without
prejudice to the ARCHITECT, his contractors & sub-contractors. The responsibility of all used & unused
materials & works finished & unfinished shall be borne by the OWNER.

ARTICLE 6. SUCCESSORS AND ASSIGNS

6.01 The OWNER and the ARCHITECT each binds himself, his partners, successors, legal representatives and
assigns to the other party to this agreement, and to the partners, successors, legal representatives and
assigns of such other party in respect of all covenants of this Agreement. Except, as above, neither the
OWNER nor the ARCHITECT shall assign, sublet or transfer his/her interest in this Agreement without the
written consent of the other.

OWNER ARCHITECT AGREEMENT

DESIGN BUILD SERVICES BY ADMINISTRATION
Ref.: UAP Document 200, PRC SPP Documents 202 & 207 RA No. 9266
 aearchitects
Architectural | Structural | Interior | Construction | Management
National Road Alangilan, Batangas | aearchitects@gmail.com
(0907) 236 0612 | (0910) 257 3343

ARTICLE 7. OWNERSHIP OF DOCUMENTS

7.1 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).

ARTICLE 8. ARBITRATION

8.1 All disputes or questions shall first be subject to arbitration under this OWNER-ARCHITECT AGREEMENT and
shall be settled in accordance with the provisions of this Article;

8.2 Notice of the demand for arbitration of any dispute shall be filed in writing with the other party to the contract.
The demand for arbitration shall be made within Seven (7) days after the dispute has arisen, in no case
however, shall the demand be made later than the time of final payment of the contract.

8.3 When the demand for arbitration is requested, a BOARD OF ARBITRATION shall be formed in this manner:
The OWNER and the ARCHITECT shall each appoint one member each of this Board and these
two members shall appoint a third member who shall act as Chairman. No one with a financial interest in the
subject under arbitration will be permitted to serve on this Board. The Board may engage experts to act in
an advisory capacity. Minutes shall be kept of all meetings and signed by all members of the Board.
Decisions of the Board shall require only a simple majority and all parties shall be paid in accordance with
the agreement set forth before the proceedings.

8.4 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.

OWNER ARCHITECT AGREEMENT

DESIGN BUILD SERVICES BY ADMINISTRATION
Ref.: UAP Document 200, PRC SPP Documents 202 & 207 RA No. 9266
 aearchitects
Architectural | Structural | Interior | Construction | Management
National Road Alangilan, Batangas | aearchitects@gmail.com
(0907) 236 0612 | (0910) 257 3343

All contents of this Agreement are in accordance with the provisions of Republic Act No. 9266 (Architecture Act of 2004), its
Implementing Rules & Regulations (IRR), Architects Code of Ethical Conduct (UAP Doc 200) and the Standards of Professional
Practice (SPP).
After acceptance and signing of this agreement, the OWNER shall give a copy to the ARCHITECT.

The Parties to this Agreement hereby agree to full performance on 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 left-hand margin of all the other pages of this Agreement.

By:

_MR. MEYNARD S. MAGSINO_ MARY JANE C. ARCE .

OWNER ARCHITECT

SIGNED IN THE PRESENCE OF:

_________________________________ _______________________________

ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES

BATANGAS CITY ) S.S

BEFORE ME, a Notary Public for and in Batangas City personally appeared the following persons, to wit:

Name Drivers License No. Valid Until

______________________ ________________ _____________________

______________________ ________________ _____________________

Known to me to be the same persons who acknowledge the foregoing Owner-Architect Agreement and they acknowledged to me
that the same is their free and voluntary acts and deeds.

Doc. No. ________;

Page No. ________; ____________________________
Book No. ________; NOTARY PUBLIC
Series of 2017.

OWNER ARCHITECT AGREEMENT

DESIGN BUILD SERVICES BY ADMINISTRATION
Ref.: UAP Document 200, PRC SPP Documents 202 & 207 RA No. 9266