Comprehensive Contract

7/25/2019 Comprehensive Contract

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CONTRACT AGREEMENT

Project: Proposed Subdivision with Commercia !uidin"#

Location: !aan"a Cit$% !ataan

This a"reement made and entered into this&'thda$of MarchTwo Thousand and (ourteenby between:

RO!ERT O) AG*+,AR

O-NER

Address:_____________ !ataan Peninsua State *niversit$___________

MAR+CAR M) SARM+ENTO

ARC.+TECT

PRC /+0 No)1 &&23&3&3

Address: !SAR24A

Mobie No) 35635'7&678

It is agreed that the Architect is commissioned to do Ph$sica Pannin" for building

sites in the Proposed Subdivision with Commercia !uidin".

+) 0E(+N+T+ON O( -OR9:

The Architect determines the adequate size and aroriate configuration and assemblagefor a roosed roject in consideration of the use! allocation and interface of saces for gi"en

acti"ities. Physical lanning or #ace lanning is done mainly through rimary data gatheringsuch as inter"iews! consultations! interfaces! focus grou discussions $%&'s(! sace lanning

sur"eys! sace audits! etc. and subsequent analyses i.e. satial layouts with stac)ing concets!

articularly for multi*storey structures.

++) SCOPE O( SER+CES:

The wor) of the Architect under this contract is a Physical and +n"ironmental Planner. This


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ser"ice requires the Architect to do Ph$sica Pannin"for building sites requiring a comosite

of se"eral building en"elo on a contiguous site of 633 hectares which is a moderate$ ;at

area ;or theProposedSubdivision Pannin" ;or .ousin" Pro


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) 0ATA RE*+RE0 (ROM T.E O-NER:

All technical descrition of roerty! duly certified lot and "icinity lans! contour mas

etc. at a con"enient scale and other rele"ant date will be furnished by the 4lient58wner so that

the design of the roject can start immediately.

+) C.ANGES AN0>OR RE+S+ONS:

Any changes and5or re"isions requested by the owner after aro"al of final design shall

be subjected to comensation agreed by both arties but not less than man hour time charges lus

materials used times a factor of -.1.

++) EFTRA SETS O( CONTRACT 0OC*MENTS:

The Architect shall furnish the 8wner fi"e $1( sets of 'rawing! #ecifications and other

contract documents. 4ost of rinting or reroduction of e7tra sets of 4ontract 'ocuments when

required by the 8wner or his reresentati"e is to be charged to and aid by the owner.

+++) O-NER=S RESPONS+!+,+T+ES:

,. Pro"ide full information as to his requirements for the roject.

-. 'esignate when necessary! reresentati"e authorized to act in his behalf. +7amine

documents submitted by the Architect and render decisions ertaining there to romtly! to a"oid

unreasonable delay in the rogress of the Architect;s wor). 8bser"e the rocedure of issuing

orders to contractors only through the Architect.

. %urnish or direct the Architect to obtain at the 8wner;s e7ense! a certified sur"ey of the

site! gi"ing! as may be required! toograhical sur"eys! grades and lines of streets! alleys

easements! encroachments! zoning and deed restrictions! boundaries with dimension and

comlete data ertaining to e7isting building! and other imro"ements and full information as to

a"ailable utility ser"ice lines! both ublic and ri"ate< and test boring and its necessary for

determining sub*soil conditions.

/. Pay for structural! acoustical! chemical! mechanical! soil mechanics or other test and reorts

as may be required for the roject.

1. Pay for design and consultancy ser"ices on acoustic! communication! electronics and other

seciality systems which may be required for the roject.

3. Arrange and ay for such legal! auditing and insurance counselling ser"ices as may be

required for the roject.


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6. Pay for all reimbursable e7enses incurred in the roject as called for in #ection 3 =8ther

4onditions on #er"ices> and all ta7es $not including income ta7( that the go"ernment may

imose on the Architect as a result of the ser"ices rendered by the Architect on the roject

whether the ser"ices were erformed as an indi"idual ractitioner! as a artnershi or as a

cororation.

?. If the 8wner obser"es or otherwise becomes aware of anything that may imair the

successful imlementation of the roject! he shall gi"e romt written notice thereof to the

Architect.

+F) O-NERS.+P O( 0OC*MENTS:

4ontract documents shall remain the roerty of the Architect in accordance with

2eublic Act o. @-33 otherwise )nown as =The Architecture Act of -99/> and the Intellectual

Proerty 4ode of the Philiines whether the design is e7ecuted or not. Additional coies whenrequired will be for account of the 8wner.

er$ tru$ $ours% Con;orme%

A2I4A2 . #A2I+T8 28B+2T 8. A&0ILA2

Architect Owner2Cient

___________________________ _________________________

0ate 0ate


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Project: Proposed (our /71 Store$ Commercia !uidin"#


This a"reement made and entered into this&'thda$of March

Two Thousand and (ourteenby between:

RO!ERT O) AG*+,AR

O-NER



ARC.+TECT

PRC /+0 No)1 &&23&3&3

Address: !SAR24A

Mobie No) 35635'7&678

It is agreed that the following are the scoe of wor) of the Architect to do the Post

Construction Services of the (our /71 Store$ Commercia !uidin". The following are theser"ices to be erformed by the Architect:

a. Building and +quiment aintenance

b. Building and &round Administrations

c. Post*4onstruction +"aluation

+) GENERA, SCOPE O( ARC.+TECT*RA, SER+CES:

The A24CIT+4T5# shall erform rofessional ser"ices! which shall consist generally of the

following:

,. Preliminary ser"ices include conferences with the client and insection of building site.

-. #chematic design based on the requirements5needs of the 8D+2.

. Prearation of %inal 'esign 'e"eloment drawings including ersecti"e.

/. Prearation of 4ontract 'ocuments consisting of the following:

/., Architectural 'rawings and 'etails


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/.- #tructural 'rawings and 'etails

/. +lectrical 'rawings and 'etails

/./ #anitary and Plumbing 'rawings and 'etails

/.1 echanical 'rawings and 'etails if required

/.3 #ecifications

/.6 Budgetary 4ost +stimates

1. Periodic "isits of 4onstruction.

$ote: ?*hour of full time suer"ision or construction management is not included but may be

under searate contract(

++) ARC.+TECT=S (EE:

The roject is a =(O*R /71 STORE? COMMERC+A, !*+,0+NG>! located at Balanga 4ity! Bataan.

The Architect will furnished! labor and materials for the comlete construction of a roosed roject. As

agreed in the contract by both arties! the roject will be liable! elegant finished and a modern design as

er secification of materials of this contract. The total floor area is ,-.99 square meters. The roject

contract amount is P6! ,63!999.99.

4omutation:

Total area: ,-.99 sq.mts

ultilier: P-! 999.995sq.mts $laborEmaterials(

,-.99 7 P-! 999.99F

P'% &'%333)33 H Estimated or Probabe cost / Contract sum1

ote:

$This includes Architect;s suer"ision and rofessional fees! mobilization and other o"erhead e7enses. (

The 8wner agrees to ay the Architect in accordance with the Architect;s ational 4ode $0AP

'oc. -9-( a basic fee of P6,6! 399.99 ercent $,9G( of the total estimated roject construction cost.Cowe"er! the fee shall be adjust u or down based on the final construction cost.

+++) MANNER O( PA?MENT:

,. 0on signing of this Agreement! the 8wner*4lient shall ay the Architect in the following

manner


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Pa$ment Schedue:

a. 1G 0on #igning of Agreement ____________________________________ P1! ??9.99

b.,1G 0on comletion of #chematic 'esign #er"ice____________________ P6,! 639.99

c. 1G 0on comletion of 'esign 'e"eloment #er"ices________________ P,/! 1-9.99

d. ?1G 0on comletion of 4ontract_________________________________ P1?! ?99.99

note: $0on comletion of the construction wor)! the balance of Architect;s fee comuted on

the final construction cost of the structure shall be aid.(

0on request of the Architect! the 8wner agrees to ma)e artial ayments during each of the

"arious stages of wor)! ro"ided that such ayments are within the framewor) of the ayments outlined

abo"e.

+) 0E,A?E0 PA?MENT:

Any ayment due the Architect beyond 9 days from receit of billing shall bear -G interest er

month.

) 0ATA RE*+RE0 (ROM T.E O-NER:

All technical descrition of roerty! duly certified lot and "icinity lans! contour mas etc. at a

con"enient scale and other rele"ant date will be furnished by the 4lient58wner so that the design of the

roject can start immediately.

+) C.ANGES AN0>OR RE+S+ONS:

Any changes and5or re"isions requested by the owner after aro"al of final design shall be

subjected to comensation agreed by both arties but not less than man hour time charges lus materials

used times a factor of -.1.

++) EFTRA SETS O( CONTRACT 0OC*MENTS:

The Architect shall furnish the 8wner fi"e $1( sets of 'rawing! #ecifications and other contract

documents. 4ost of rinting or reroduction of e7tra sets of 4ontract 'ocuments when required

by the 8wner or his reresentati"e is to be charged to and aid by the owner.

+++) O-NER=S RESPONS+!+,+T+ES:



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-. 'esignate when necessary! reresentati"e authorized to act in his behalf. +7amine documents

submitted by the Architect and render decisions ertaining there to romtly! to a"oid unreasonable delay

in the rogress of the Architect;s wor). 8bser"e the rocedure of issuing orders to contractors only

through the Architect.

. %urnish or direct the Architect to obtain at the 8wner;s e7ense! a certified sur"ey of the site!

gi"ing! as may be required! toograhical sur"eys! grades and lines of streets! alleys easements!

encroachments! zoning and deed restrictions! boundaries with dimension and comlete data ertaining to

e7isting building! and other imro"ements and full information as to a"ailable utility ser"ice lines! both

ublic and ri"ate< and test boring and its necessary for determining sub*soil conditions.








4onditions on #er"ices> and all ta7es $not including income ta7( that the go"ernment may imose on the

Architect as a result of the ser"ices rendered by the Architect on the roject whether the ser"ices were

erformed as an indi"idual ractitioner! as a artnershi or as a cororation.


successful imlementation of the roject! he shall gi"e romt written notice thereof to the Architect.

+F) O-NERS.+P O( 0OC*MENTS:

4ontract documents shall remain the roerty of the Architect in accordance with 2eublic Act

o. @-33 otherwise )nown as =The Architecture Act of -99/> and the Intellectual Proerty 4ode of the

Philiines whether the design is e7ecuted or not. Additional coies when required will be for account of

the 8wner.


A2I4A2 . #A2I+T8 28B+2T 8. A&0ILA2


___________________________ _________________________

0ate 0ate


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RO!ERT O) AG*+,AR

O-NER



ARC.+TECT

PRC /+0 No)1 &&23&3&3

Address: !SAR24A

Mobie No) 35635'7&678

It is agreed that the Architect is hired b$ the Owner as a Pro


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1. Preare eriodic cost e"aluations and estimates related to the o"erall budget and to the

reliminar allocations of the budget to the "arious systems.

3. 2ecommend for early urchase of those secified items of equiment and materials that

require a long lead time for rocurement and deli"ery and e7edite and urchases in general

6. Ad"ise on the re*ac)ing of bidding documents for the awarding.

?. 4hec) bid ac)ages drawings and secifications.

@. 4onsider the tye and scoe of wor) reresented by each bid ac)age

,9. 2e"iew all contract documents

,,. 4onduct re*bid conferences among contractors

,-. anage wor) on 4onstruction Phase of the roject

++) ,EGA, RESPONS+!+,+T?:

Based on the ci"il code! the roject manager has no legal resonsibility in so far as designand construction is concerned. It is still the Architect and 'esign +ngineers who are resonsible

for thedesign! while the 4ontractor is solely resonsible for his construction. It is for this reason

that the construction manager and the roject manager are not allowed to interfere in the field of

design and construction as this may be construed as relie"ing the designers and 4ontractors ofresonsibilities as ro"ided by law.

+++) ARC.+TECT=S (EE AN0 MANNER O( PA?MENT:

The Architect as Pro


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IH.- The Architect shall establish rocedures for communication and coordination

among the Project Team and others with resect to all asects of the study of the Project!and imlement such rocedures.

IH. The Architect shall establish and maintain a numbering and trac)ing system for allProject records! including changes! requests for information! submittals! and

sulementary instructions and shall ro"ide udated records at each 8wner;s meeting

and when requested.

IH./ The Architect shall erform its ser"ices consistent with the rofessional s)ill and

care ordinarily ro"ided by Architects racticing in the same or similar locality under the

same or similar circumstances. The Architect shall erform its ser"ices as e7editiouslyas is consistent with such rofessional s)ill and care and the orderly rogress of the

research

IH.1 +7cet with the 8wner;s )nowledge and consent! the Architect shall not engagedin any acti"ity! or accet any emloyment! interest or contribution that would reasonably

aear to comromise the Architect;s rofessional judgment with resect to this roject.

IH.3 The Architect shall maintain the following insurance for the duration of this

Agreement. If any of the requirements set forth below e7ceed the tyes and limits theArchitect normally maintains! the 8wner shall reimburse the Architect for any additional

cost.

IH.6 After the study the Architect must submit all his research to the client.

) O-NER=S RESPONS+!+,+T?:

1., The 8wner shall ro"ide full information as to his requirements for the roject.

1.- The 8wner must submit to the Architect all the documents that the Architect might need

in the rocess of the study.

1. 'esignate when necessary! reresentati"e authorized to act in his behalf. +7amine

documents submitted ser"ices rendered by the Architect li)ewise to render decisions

ertaining thereto romtly! to a"oid wasting of time and to come u to a good and

aro"ed results.

+) S*CCESSORS AN0 ASS+GNS:

The 8wner and the Architect each binds himself to an Agreement! and as stated! neither the

8wner nor the Architect shall assign! or transfer his interest in this Agreement without thewritten consent of the other.


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++) AR!+TRAT+ON:

All questions in disute under this Agreement shall be submitted in accordance

with the ro"isions of 2.A. o. @-?1!otherwise )nown as the Alternati"e 'isute2esolution $A0R( Act of -99/ and as ro"ided for under +.8. o.,999! go"erning

4onstruction $and 4onsulting( Industry Arbitration! as well as the alicable ro"isions

of the ew 4i"il 4ode. In case of any disute concerning this Agreement! the Parties maynegotiate following the allowable number of days. The e7clusi"e "enue of such

Aternative 0ispute Resoution shall be the 4IA4 8ffice at corners #en . &il Puyat A"e.

and a)ati A"e. in a)ati 4ity! PC.

The arties to this Agreement hereby agree to full erformance of the co"enants contained

herein.

+N -+TNESS -.EREO(! the arties to this Agreement ha"e on the day and year first abo"egi"en! hereunto set their hands at the bottom of this age and on the left*hand margin of all the

other ages of this Agreement.

er$ tru$ $ours% Con;orme% A2I4A2 . #A2I+T8 28B+2T 8. A&0ILA2


___________________________ _________________________

0ate 0ate


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RO!ERT O) AG*+,AR

O-NER



ARC.+TECT

PRC /+0 No)1 &&23&3&3

Address: !SAR24A

Mobie No) 35635'7&678

It is agreed that the Architect is hired b$ the Owner as a Pro;essiona Consutin"

Architect in the Proposed Subdivision with Commercia !uidin". As such the following will beerform by the Architect for the success of the roject.

+) SCOPE O( -OR9:

,. Ce becomes the Architect*of*record for the roject

-. Assumes the attendant rofessional resonsibility and ci"il liabilities consistent with the

ro"ision under "alid and subsisting laws.

. &i"e indeendent ad"ice relati"e to wor) and the success of the roject.

/. 'o e7tension of technical assistance and ser"ices.

1. 0nderta)ing acti"ities requiring aroriate )nowledge! s)ills! training and e7erience

3. 2ecognized cometence! integrity and financial and logistical caability


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II) ARC.+TECT=S (EE:

The fee for the Consutin" Architect chargeable to the 4lient as agreed with the

corresonding wor) mention on the scoe of wor) is a Per 0iem o; .our$ !asis)

Per 0iem or .our$ !asisIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIP'33)33 per .our

$ote: +7enses for tra"el and other out*of*oc)et e7enses incurred while away from his

home5office shall be reimbursedby the 4lient(

&8 hours accumuated consutation time J P'33)33 per

diem_____________________P&6%33)33

III. GENERA, CON0+T+ON

/.,( The architect reresent the engineer of this roject shall be fully in charged to

susend all acti"ities on job site in case of bad weather condition. Tyhoon signal

no. - . will automatically susend the oeration and the owner will be notified

immediately regarding this situation.

IH. O-NER=S RESPONS+!+,+T+ES



documents submitted by the Architect and render decisions ertaining there to romtly! to a"oid

unreasonable delay in the rogress of the Architect;s wor). 8bser"e the rocedure of issuing


. %urnish or direct the Architect to obtain at the 8wner;s e7ense! a certified sur"ey of

the site! gi"ing! as may be required! toograhical sur"eys! grades and lines of streets! alleys

easements! encroachments! zoning and deed restrictions! boundaries with dimension and



determining sub*soil conditions.

/. If the 8wner obser"es or otherwise becomes aware of anything that may imair the


Architect.


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H. AR!+TRAT+ON

All questions in disute under this Agreement shall be submitted in accordance with

the ro"isions of 2.A. o. @-?1!otherwise )nown as the Alternati"e 'isute

2esolution $A0R( Act of -99/ and as ro"ided for under +.8. o.,999! go"erning4onstruction $and 4onsulting( Industry Arbitration! as well as the alicable

ro"isions of the ew 4i"il 4ode.

In case of any disute concerning this Agreement! the Parties may then "enture into a

ne"otiationeriod for fourteen $,/( calendar days! failure of which would authorize

any of the arties to engage in conciiator$ discussions $with a neutral rdarty as an

acti"e articiant in see)ing the resolution of the disute( within another ,/ calendar

days! or to immediately see) mediation or arbitrationmodes of A0R under the4onstruction Industry Arbitration 4ommission $C+AC(! which also handles disutes

concerning rofessional or consulting ser"ices! guaranteeing a resolution of the issues

resented within a si7 $3( month eriod! after which the losing arty may file a

Petition for 2e"iew before the 4ourt of Aeals $4A(.

I DIT+## DC+2+8%! the arties to this Agreement ha"e on the day and year first abo"e

gi"en! hereunto set their hands at the bottom of this age and on the left hand margin of all other

ages of this Agreement.

er$ tru$ $ours% Con;orm

A2I4A2 . #A2I+T8 28B+2T 8. A&0ILA2


___________________________ ________________________

0ate 0ate


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RO!ERT O) AG*+,AR

O-NER



ARC.+TECT

PRC /+0 No)1 &&23&3&3

Address: !SAR24A

Mobie No) 35635'7&678

It is a"reed b$ both partiesunder this contract that the Architect is hired to render Pre2

0esi"n Service% Economic (easibiit$ Studies.

+) 0E(+N+T+ON O( -OR9

The Pre*'esign #er"ices co"er a broad line of architectural ser"ices ranging from initial

roblem identification to ser"ices that will allow the Architect to initially concetualize

an array of architectural and allied solutions.

A) Scope o; services

+conomic %easibility #tudies is a study to determine the "iability of a roject such as its

cost of de"eloment "ersus its otential return to the 8wner. These in"ol"e the rocurement!

analysis and use of secondary information gathered for the roject to aid 4lient in early decision

ma)ing. A detailed cost analysis can guide the 4lient and the Architect in selecting a more "iable

alternati"e lan. This wor) or ser"ice of the Architect is based on the re*feasibility studies. It

will determine the "iability of roosed de"eloment. Thus! the roject will set the Project


17/39

against resent and future trends to forecast how it will erform o"er time. This requires rimary

data gathering and analysis.

++) ARC.+TECT=S (EE AN0 MANNER O( PA?MENT>MET.O0 O(COMPENSAT+ON

0nder this contract and Architect;s ethod of 4omensation the fee for the Architect

should be based on ultile of 'irect Personnel +7enses

Computation o; the Tota Cost o; Service:

a. Architect=s rate per hour_______________________P699.99 7 ,9

hours_______P@,.999.99

b. Consutant rate per hour_______________________P,!199.99 7 , hours _______

P,@!199.99

c. Technica Sta;;% Researcher=s rate >hour____________P -19.99 7 -9?

hours_______P1-!999.99

$? hrs 5day 7 -3 days F -9? hours(

$AE4ET( F 0irect Cost P&6%@33)33

%ee: P&6% @33)33 J 6)@ $inclusi"e of o"erhead and reasonable rofit(

F P/93!-19.99 : Cost o; Service

E ?9! 999.99 _ : Reimbursabe eJpenses

P78%6@3)33 222222 Tota Service (ee / (ee R1

The Owner a"rees to mae partia pa$mentseach of the "arious stages of the

Architect;s ser"ices! uon request of Architect! ro"ided that such ayments are within the

framewor) of the manner of ayments outlined abo"e.

+++) 0E,A?E0 PA?MENT:

Any ayment due the Architect beyond 9 days from receit of billing shall bear 6Dinterest er

month.


18/39

+) O-NER=S RESPONS+!+,+T+ES:



documents submitted by the Architect and render decisions ertaining there to romtly! to a"oidunreasonable delay in the rogress of the Architect;s wor). 8bser"e the rocedure of issuing


. %urnish or direct the Architect to obtain at the 8wner;s e7ense! a certified sur"ey of the

site! gi"ing! as may be required! toograhical sur"eys! grades and lines of streets! alleys

easements!encroachments! zoning and deed restrictions! boundaries with dimension and



determining subsoil conditions.








4onditions on #er"ices> and all ta7es $not including income ta7( that the go"ernment may

imose on the Architect as a result of the ser"ices rendered by the Architect on the roject

whether the ser"ices were erformed as an indi"idual ractitioner! as a artnershi or as a

cororation.



Architect.

) O-NERS.+P O( 0OC*MENTS:

4ontract documents shall remain the roerty of the Architect in accordance with

2eublic Act o. @-33 otherwise )nown as =The Architecture Act of -99/> and the Intellectual

Proerty 4ode of the Philiines whether the design is e7ecuted or not. Additional coies when

required will be for account of the 8wner.


19/39

+) AR!+TRAT+ON

All questions in disute under this Agreement shall be submitted in accordance with thero"isions of 2A @-?1! otherwise )nown as the Alternati"e 'isute 2esolution $A'2( Act of

-99/ and as ro"ided for under +8 ,999! go"erning 4onstruction $and 4onsulting( Industry

Arbitration! as well as the alicable ro"isions of the ew 4i"il 4ode.

In case of any disute concerning this Agreement! the arties may then "enture into a

negotiation eriod for %802T++ $,/( 4AL+'A2 'AJ#! failure of which would authorizeany of the arties to engage in conciliatory discussions $with a neutral third arty as an acti"e

articiant see)ing the resolution of the disute( within another %802T++ $,/( 4AL+'A2

'AJ#! or to immediately see) mediation or arbitration modes of A'2 under the 4onstruction

Industry Arbitration 4ommission $4IA4(! which also handles disutes concerning rofessionalor consulting ser"ices! guaranteeing a resolution of the issues resenting within #IK $3( 8TC

eriod! after which the losing arty may file a Petition for 2e"iew before the 4ourt of Aeals

$4A(.

The arties to this Agreement hereby agree to the full erformance of the co"enants

contained herein.


gi"en! hereunto set their hands at the bottom of this age and on the left hand margin of all otherages of this Agreement.


A2I4A2 . #A2I+T8 28B+2T 8. A&0ILA2


___________________________ ________________________

0ate 0ate


20/39





RO!ERT O) AG*+,AR

O-NER



ARC.+TECT

PRC /+0 No)1 &&23&3&3

Address: !SAR24A

Mobie No) 35635'7&678

It is agreed that the Architect is commissioned to do +nterior Spaces for building


The wor) of the Architect for the SpeciaiKe Aied#er"ices is to builds +nterior Spaces

that will contribute to the total design of structure. Ce design and de"elos interiors of building

and residences such that they contribute to the hysical! "isual and intellectual comforts of the

users. The Architect may get assistance from 4onsultants whose e7ert ad"ice may be needed in

the detailing of interior elements.

+) SCOPE O( SER+CES:

,. Prescribes furniture and interior design finishes aroriate for different acti"ities and

saces and reares furniture and furnishing layout.

-. Preares the design and schedule of furniture gi"ing their dimensions! secifications and

locations.

. Assists the client in conducting bids or negotiation with furniture fabricators and other

sulier.


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/. 4hec)s and aro"es samles of materials and sho drawings of furniture! furnishing!

fi7tures and decor items.

1. 4onducts final insection and aro"al of furniture and other items.

++) PA?MENTS:

Tota pro


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e. +7cet with the 8wner;s )nowledge and consent! the Architect shall not engaged

in any acti"ity! or accet any emloyment! interest or contribution that would

reasonably aear to comromise the Architect;s rofessional judgment withresect to this roject.

f. The Architect shall maintain the following insurance for the duration of thisAgreement. If any of the requirements set forth below e7ceed the tyes and limits

the Architect normally maintains! the 8wner shall reimburse the Architect for any

additional cost.

g. After the study the Architect must submit all his research to the client.

+) O-NER=S RESPONS+!+,+T?:

/., The 8wner shall ro"ide full information as to his requirements for the roject.

/.- The 8wner must submit to the Architect all the documents that the Architect might need


/. 'esignate when necessary! reresentati"e authorized to act in his behalf. +7amine



aro"ed results.

) S*CCESSORS AN0 ASS+GNS:

The 8wner and the Architect each binds himself to an Agreement! and as stated! neither the8wner nor the Architect shall assign! or transfer his interest in this Agreement without thewritten consent of the other.

+) AR!+TRAT+ON:


with the ro"isions of 2.A. o. @-?1!otherwise )nown as the Alternati"e 'isute2esolution $A0R( Act of -99/ and as ro"ided for under +.8. o.,999! go"erning


of the ew 4i"il 4ode. In case of any disute concerning this Agreement! the Parties may

negotiate following the allowable number of days. The e7clusi"e "enue of suchAternative 0ispute Resoution shall be the 4IA4 8ffice at corners #en . &il Puyat A"e.


The arties to this Agreement hereby agree to full erformance of the co"enants containedherein.


23/39

+N -+TNESS -.EREO(! the arties to this Agreement ha"e on the day and year first abo"e

gi"en! hereunto set their hands at the bottom of this age and on the left*hand margin of all the



A2I4A2 . #A2I+T8 28B+2T 8. A&0ILA2


___________________________ _________________________

0ate 0ate


24/39





RO!ERT O) AG*+,AR

O-NER



ARC.+TECT

PRC /+0 No)1 &&23&3&3

Address: !SAR24A

Mobie No) 35635'7&678

It is agreed that the following are the scoe of wor) of the Architect as a (u Time

Supervisor in the Proposed Subdivision with Commercia !uidin")


,. Interret drawings and documents for comliance by the contractor.

-. Assign his staff to underta)e the full time suer"isory wor) and erform the following

a. uality 4ontrol of wor)

b. +"aluation and 4onstruction wor)

c. Meeing of records! reorts and contract documents

d. 4onduct regular coordination meetings with the 8wner! 4onsultant! +ngineer and 4ontractor

e. Attend conferences called by the 8wner or the Architect5+ngineer*4onsultant

f. Accomany the 8wner! the Architect5+ngineer*4onsultant or their reresentati"e$s(! and

go"ernment insectors during their "isits to the roject.


25/39

++) ,+M+TAT+ON O( A*T.OR+T?:

,. The construction suer"ision grou shall not enter into the field of resonsibility of the contract;s

roject suerintendent.

-. Ce shall not ma)e decisions on matters that are the sole resonsibility of the Architect and5or

'esign +ngineer.

+++) ,EGA, RESPONS+!+,+T?:

The 4onstruction #uer"ision &rou is resonsible to the 8wner on administrati"e matters. 8n

technical matters he is resonsible to the Architect and the design +ngineers. Ce does not ha"e and legal

resonsibility as far as the resent ci"il code is concerned. It is still the Architect and the 'esign +ngineer

who are resonsible for their design while the contractor is resonsible for his construction wor).

+) CONTRACT AMO*NT AN0 MANNER O( PA?MENT:

The ser"ices of the Architect as a (u time supervisorwill be aid by the 8wner by

Percenta"e (ee Method which is &)@D of the roject construction cost.

Pro


26/39

c. The Architect shall establish and maintain a numbering and trac)ing system for all

Project records! including changes! requests for information! submittals! and

sulementary instructions and shall ro"ide udated records at each 8wner;smeeting and when requested.

d. The Architect shall erform its ser"ices consistent with the rofessional s)ill andcare ordinarily ro"ided by Architects racticing in the same or similar locality

under the same or similar circumstances. The Architect shall erform its ser"ices

as e7editiously as is consistent with such rofessional s)ill and care and theorderly rogress of the research


in any acti"ity! or accet any emloyment! interest or contribution that wouldreasonably aear to comromise the Architect;s rofessional judgment with

resect to this roject.

f. The Architect shall maintain the following insurance for the duration of thisAgreement. If any of the requirements set forth below e7ceed the tyes and limits

the Architect normally maintains! the 8wner shall reimburse the Architect for anyadditional cost.


++) O-NER=S RESPONS+!+,+T?:

6., The 8wner shall ro"ide full information as to his requirements for the roject.

6.- The 8wner must submit to the Architect all the documents that the Architect might need


6. 'esignate when necessary! reresentati"e authorized to act in his behalf. +7amine



aro"ed results.

+++) S*CCESSORS AN0 ASS+GNS:

The 8wner and the Architect each binds himself to an Agreement! and as stated! neither the8wner nor the Architect shall assign! or transfer his interest in this Agreement without the

written consent of the other.

+F) AR!+TRAT+ON:

All questions in disute under this Agreement shall be submitted in accordancewith the ro"isions of 2.A. o. @-?1!otherwise )nown as the Alternati"e 'isute

2esolution $A0R( Act of -99/ and as ro"ided for under +.8. o.,999! go"erning



27/39


negotiate following the allowable number of days. The e7clusi"e "enue of such

Aternative 0ispute Resoution shall be the 4IA4 8ffice at corners #en . &il Puyat A"e.and a)ati A"e. in a)ati 4ity! PC.


herein.

+N -+TNESS -.EREO(! the arties to this Agreement ha"e on the day and year first abo"e




A2I4A2 . #A2I+T8 28B+2T 8. A&0ILA2 Architect Owner2Cient

___________________________ _________________________

0ate 0ate


28/39





RO!ERT O) AG*+,AR

O-NER



ARC.+TECT

PRC /+0 No)1 &&23&3&3

Address: !SAR24A

Mobie No) 35635'7&678

It is agreed that the Architect is commissioned to do ,andscape 0esi"n Services

for building sites in the Proposed Subdivision with Commercia !uidin".

The wor) of the Architect for the #ecialize Allied #er"ices is to do Landscae 'esign #er"ices

that will contribute to the total design of structure. Ce design and de"elos landscae of building

and residences such that they contribute to the hysical! "isual and intellectual comforts of theusers. The Architect may get assistance from 4onsultants whose e7ert ad"ice may be needed in

the detailing of landscae elements.


,. Preares the general ground modelling lan and lanting layout

-. Preares drawings and secifications of needed utility lines

. Preares schedule of shrubs! trees and other lants

/. Preares details of landscaing elements

1. Assists the 4lient in conducting bids or negotiations with landscae contractors

3. 4hec) and aro"es samles of materials


29/39

6. 4onducts final insection and aro"al of landscaing wor)

?. Assists the 4lient to e"aluate the amount due the contractor

++) PA?MENTS:

Tota pro


30/39

d. The Architect shall erform its ser"ices consistent with the rofessional s)ill and

care ordinarily ro"ided by Architects racticing in the same or similar locality

under the same or similar circumstances. The Architect shall erform its ser"icesas e7editiously as is consistent with such rofessional s)ill and care and the

orderly rogress of the research


in any acti"ity! or accet any emloyment! interest or contribution that would

reasonably aear to comromise the Architect;s rofessional judgment withresect to this roject.

f. The Architect shall maintain the following insurance for the duration of this

Agreement. If any of the requirements set forth below e7ceed the tyes and limitsthe Architect normally maintains! the 8wner shall reimburse the Architect for any

additional cost.


+) O-NER=S RESPONS+!+,+T?:

/., The 8wner shall ro"ide full information as to his requirements for the roject.

/.- The 8wner must submit to the Architect all the documents that the Architect might need


/. 'esignate when necessary! reresentati"e authorized to act in his behalf. +7amine



aro"ed results.

) S*CCESSORS AN0 ASS+GNS:

The 8wner and the Architect each binds himself to an Agreement! and as stated! neither the

8wner nor the Architect shall assign! or transfer his interest in this Agreement without thewritten consent of the other.

+) AR!+TRAT+ON:


with the ro"isions of 2.A. o. @-?1!otherwise )nown as the Alternati"e 'isute

2esolution $A0R( Act of -99/ and as ro"ided for under +.8. o.,999! go"erning4onstruction $and 4onsulting( Industry Arbitration! as well as the alicable ro"isions


negotiate following the allowable number of days. The e7clusi"e "enue of such

Aternative 0ispute Resoution shall be the 4IA4 8ffice at corners #en . &il Puyat A"e.



31/39

The arties to this Agreement hereby agree to full erformance of the co"enants containedherein.

+N -+TNESS -.EREO(! the arties to this Agreement ha"e on the day and year first abo"egi"en! hereunto set their hands at the bottom of this age and on the left*hand margin of all the



A2I4A2 . #A2I+T8 28B+2T 8. A&0ILA2


___________________________ _________________________

0ate 0ate


32/39





RO!ERT O) AG*+,AR

O-NER



ARC.+TECT

PRC /+0 No)1 &&23&3&3

Address: !SAR24A

Mobie No) 35635'7&678

It is agreed that the Architect is commissioned to do (easibiit$ Stud$ for building


The 8wner and Architect agree as follows:

Artice +) 0e;inition o; Service

(easibiit$ Stud$is a detailed analysis of the roject based on re*feasibility studies will

determine the "iability of a roosed de"eloment. The studies will set the roject against

resent and future trends to forecast how it will erform o"er time. This requires rimary datagathering and analysis.

Artice ++) Architect=s Services

,. The ser"ices erformed by the Architect shall be as enumerated in Article IH andshall be erformed in a manner consistent with the rofession;s usual and customary

standard of reasonable care.

-. The Architect ser"ices shall be erformed as e7editiously as is consistent with

rofessional s)ill and care and the orderly rogress of the Dor). 0on request of the


33/39

8wner! the Architect shall submit for the 8wnerNs aro"al a schedule for the

erformance of the Architect ser"ices based on the time eriods.

. ArchitectNs #er"ices shall be reasonably accurate and free from material errors or

omissions. Architect shall romtly correct any )nown or disco"ered error! omission!

or other defect in the lans! drawings! secifications! or other ser"ices ro"ided byArchitect without any additional cost or e7ense to 8wner.

Artice +++) Owner=s Responsibiities

,. The 8wner shall ro"ide full information regarding requirements for the Project.

-. The 8wner shall designate a reresentati"e authorized to act on the 8wnerNs behalf

with resect to the Project. The 8wner or such authorized reresentati"e shall render

decisions in a timely manner ertaining to documents submitted by the Architect inorder to a"oid unreasonable delay in the orderly and sequential rogress of the

ArchitectNs ser"ices.

. The ser"ices! information! sur"eys and reorts required shall be furnished at the

8wnerNs e7ense! and the Architect shall be entitled to rely uon the accuracy and

comleteness thereof.

Artice +) 0etaied Scope o; Service

,. +stimate the wea)nesses as well as the strengths of the roject.

-. Analyze the ad"antages and the disad"antages of the roject.

. +"aluate the rojectNs otential for success.

/. Analysis of economic trends.

1. Analysis of historical! current! and future suly of and demand for condominiums in

the resecti"e cometiti"e mar)ets.

Artice ) Architect=s (ee and Manner o; Pa$ment

1., That the owner agrees to ay the Architect for feasibility studies! a basic fee of

199! 999 Pesos for the roject.

1.- That ayments to the Architect on account of the agreed Architect;s %ee shall be

made by the 8wner as follows:


34/39

a. A minimum of %orty Thousand Pesos $P/9999( uon signing of this

agreement as the mobilization comonent of the agreed Architect;s %ee.

b. 0on the comletion of the site selection and analysis of the amusement

ar)! but not more than ,1 days after the submission of reort documents! the owner agrees to

ay forty ercent $/9G( of the total basic fee stated in 3.,.

1. That the 8wner agrees to ma)e artial ayments during the ser"ice of the

ArchitectNs wor)! uon request of the Architect! ro"ided that such ayments are within the


Artice +) Other EJpenses

,. Transortation in connection with the roject

-. The cost for the rinting or reroduction of e7tra sets of 4ontract 'ocuments by the

8wner or his reresentati"es is to be borne by the 8wner.

. &o"ernment Ta7es on #er"ices: Any ta7 that the &o"ernment may imose on the

Architect as a consequence of the ser"ice erformed for the Project $e7clusi"e of

income ta7( shall be aid by the 8wner.

Artice ++) Ownership

All architectural documents! not limited to lans! designs! drawings! secifications!reorts and coies thereof! reared and furnished by the Architect in connection with subject

Project ursuant to this Agreement! are instruments of rofessional ser"ice. As instruments of

ser"ice they are the intellectual roerty of the Architect whether the wor) for which they aremade may be e7ecuted or not! and are not to be reroduced or used on other wor) e7cet by

written agreement with the Architect. This is in ursuance with the ertinent ro"isions of

2eublic Act $2.A.( o. @-33! romulgated on arch ,6! -99/! effecti"e ,9 Aril -99/! and of2.A. o. ?-@! otherwise )nown as the OIntellectual Proerty 4ode of the PhiliinesO aro"ed

in,@@6.

Artice +++) Arbitration

All questions in disute under this Agreement shall be submitted in accordance with thero"isions of 2.A. o. @-?1!otherwise )nown as the Alternati"e 'isute 2esolution $A'2( Act

of -99/ and as ro"ided for under +.8. o.,999! go"erning 4onstruction $and 4onsulting(

Industry Arbitration! as well as Art. -9/- of the ew 4i"il 4ode.


35/39


herein.





A2I4A2 . #A2I+T8 28B+2T 8. A&0ILA2


___________________________ _________________________

0ate 0ate


36/39





RO!ERT O) AG*+,AR

O-NER



ARC.+TECT

PRC /+0 No)1 &&23&3&3

Address: !SAR24A

Mobie No) 35635'7&678

It is agreed that the Architect is commissioned to do Site Seection and Ana$sis

for building sites in the Proposed Subdivision with Commercia !uidin".

The 8wner and Architect agree as follows:

Artice +) 0e;inition o; Service

#ite #election and Analysis entails the formulation of site criteria! assistance to the 4lient

in site e"aluation as well as analysis to determine the most aroriate site5s for a roosed

roject or building rogram.

Artice ++) Architect=s Services

/. The ser"ices erformed by the Architect shall be as enumerated in Article H and shall

be erformed in a manner consistent with the rofession;s usual and customarystandard of reasonable care.


37/39

1. The Architect ser"ices shall be erformed as e7editiously as is consistent with

rofessional s)ill and care and the orderly rogress of the Dor). 0on request of the

8wner! the Architect shall submit for the 8wnerNs aro"al a schedule for theerformance of the Architect ser"ices based on the time eriods.

3. ArchitectNs #er"ices shall be reasonably accurate and free from material errors oromissions. Architect shall romtly correct any )nown or disco"ered error! omission!

or other defect in the lans! drawings! secifications! or other ser"ices ro"ided by

Architect without any additional cost or e7ense to 8wner.

Artice +++) Owner=s Responsibiities

/. The 8wner shall ro"ide full information regarding requirements for the Project.

1. The 8wner shall designate a reresentati"e authorized to act on the 8wnerNs behalfwith resect to the Project. The 8wner or such authorized reresentati"e shall render

decisions in a timely manner ertaining to documents submitted by the Architect in

order to a"oid unreasonable delay in the orderly and sequential rogress of theArchitectNs ser"ices.

3. The ser"ices! information! sur"eys and reorts required shall be furnished at the8wnerNs e7ense! and the Architect shall be entitled to rely uon the accuracy and

comleteness thereof.

Artice +) Genera Scope o; Service

,. #ite selection

-. #ite in"entory and analysis

. #ite e"aluation

Artice ) 0etaied Scope o; Service

,. Identify the best site based on the hysical! cultural! and regulatory characteristics of

the site and its surroundings! as well as the site;s adatability to and comatibility

with the roosed rogram.

-. Initial e"aluation of the hysical features and quality of the site.


38/39

. In"estigate the location and site if they ha"e the otential to accommodate the

building rogram.

/. +"aluate the site in terms of climate! toograhy! geotechnical and soil

characteristics! utilities! natural features and surroundings! transortation and access!

and historic reser"ation and landmar)s.

Artice +) Architect=s (ee and Manner o; Pa$ment

3., That the owner agrees to ay the Architect for site selection and analysis ser"ices!

a basic fee of 19! 999 Pesos for the roject.

3.- That ayments to the Architect on account of the agreed Architect;s %ee shall be

made by the 8wner as follows:

a. A minimum of Twenty %i"e Thousand Pesos $P-1999( uon signing of

this agreement as the mobilization comonent of the agreed Architect;s %ee.

b. 0on the comletion of the site selection and analysis of the amusement

ar)! but not more than ,1 days after the submission of reort documents! the owner agrees to

ay forty ercent $/9G( of the total basic fee stated in 3.,.

3. That the 8wner agrees to ma)e artial ayments during the ser"ice of the

ArchitectNs wor)! uon request of the Architect! ro"ided that such ayments are within the


Artice ++) Other EJpenses

/. Transortation in connection with the roject

1. The cost for the rinting or reroduction of e7tra sets of 4ontract 'ocuments by the

8wner or his reresentati"es is to be borne by the 8wner.

3. &o"ernment Ta7es on #er"ices: Any ta7 that the &o"ernment may imose on the

Architect as a consequence of the ser"ice erformed for the Project $e7clusi"e of

income ta7( shall be aid by the 8wner.

Artice +++) Ownership

All architectural documents! not limited to lans! designs! drawings! secifications!

reorts and coies thereof! reared and furnished by the Architect in connection with subject

Project ursuant to this Agreement! are instruments of rofessional ser"ice. As instruments ofser"ice they are the intellectual roerty of the Architect whether the wor) for which they are

made may be e7ecuted or not! and are not to be reroduced or used on other wor) e7cet by

written agreement with the Architect. This is in ursuance with the ertinent ro"isions of2eublic Act $2.A.( o. @-33! romulgated on arch ,6! -99/! effecti"e ,9 Aril -99/! and of


39/39

2.A. o. ?-@! otherwise )nown as the OIntellectual Proerty 4ode of the PhiliinesO aro"ed

in,@@6.

Artice +F) Arbitration

All questions in disute under this Agreement shall be submitted in accordance with thero"isions of 2.A. o. @-?1!otherwise )nown as the Alternati"e 'isute 2esolution $A'2( Act

of -99/ and as ro"ided for under +.8. o.,999! go"erning 4onstruction $and 4onsulting(

Industry Arbitration! as well as Art. -9/- of the ew 4i"il 4ode.


herein.

I DIT+## DC+2+8%! the arties to this Agreement ha"e on the day and year first abo"egi"en! hereunto set their hands at the bottom of this age and on the left hand margin of all other

ages of this Agreement.


A2I4A2 . #A2I+T8 28B+2T 8. A&0ILA2


___________________________ ________________________

0ate 0ate

Comprehensive Contract

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