(Part of the IRR of R.A. No. 9266)
1. INTRODUCTION
1.1 Applicability of this Document
1.1.1 While these implementing rules and
regulations specifically refer to the “individual” professional practice of the Architect as
a natural person, the same may also apply to the Architect’s “group practice” as part of a
juridical entity i.e. as a DTI-registered sole proprietorship or as a SEC-registered
partnership or corporation, subject to full compliances with Sec. 37 of R.A. No. 9266
(The Architecture Act of 2004) and its implementing rules and regulations and
derivative regulations including resolutions of the Board and the Commission.
1.1.2 Foreign Architects offering services
under this service are subject to full compliances with Sec. 38 of R.A. No. 9266 and its
implementing rules and regulations (including resolutions of the Board which calls for a
“local counterpart Architect” for any foreign architect) and other periodic issuances of
the Board and the Commission as well as procedures/requirements of the Department
of Labor and Employment and the Bureau of Immigration and Deportation governing such
foreign architects. Therefore, a foreign architect practicing architecture in the
Philippines for projects on Philippine soil must first secure a Temporary/ Special Permit (TSP)
and a work permit from the Department of Labor and Employment (DoLE) and must work
in collaboration with a local counterpart Architect who is a Registered and Licensed
Architect (RLA) under Philippine law.
1.1.3 Business Process Outsourcing (BPO)
and Knowledge Process Outsourcing (KPO) firms which have been DTI- or SEC-registered in
the Philippines to provide services for overseas clients are not authorized to
provide architectural services for projects located on Philippine soil unless they are
PRC-registered architectural firms satisfying Sec. 37 of R.A. No. 9266 and its implementing
rules and regulations (IRR) and its derivative regulations including resolutions of the
Board and other periodic issuances of the Board and the Commission.
1.1.4 The Architect’s outputs described /
listed under this SPP may be expanded or increased depending on the requirements of the
project or the Architect’s experience, capabilities and specialization/s.
1.2 Regular Design Services of an
Architect
1.2.1 In regular practice, the Architect
acts as the Owner’s/ Client's/ Proponent’s Adviser and/or Representative. He translates the Owner's
needs and requirements to spaces and forms in the best manner of professional
service.
1.2.2 The Architect’s work starts at the
inception of the project when the Owner outlines his requirements to the Architect. The work
covers the various aspects of the project, from analysis and study of the needs and
requirements, to the preparation of the necessary instruments of service, and finally to the
supervision during project implementation. It ends only when the general contractor or
builder turns over the completed project to the Owner.
2. SCOPE OF SERVICES
2.1 Project Definition Phase
This phase involves the definition of the
requirements of the project by the Owner. The Architect in turn informs the Owner of the technical
requirements of the project and the concomitant professional fees. In this phase, the
Architect:
2.1.1. consults with the Owner to
ascertain the conceptual framework and related requirements of the project and confirms such
requirements with him.
2.1.2. gathers relevant information and
data leading to the definition of the requirements of the project, including the scope of the
Architect’s services.
2.1.3. reviews and refines the owner’s
space requirements and translates them into an architectural program.
2.1.4. prepares an initial statement of
probable construction cost.
2.2 Schematic Design Phase
This phase consists of the preparation of
schematic design studies derived from the Project Definition Phase, leading to conceptual
plans. The Architect:
2.2.1 evaluates the Owner’s program,
schedule, budget, project site and proposes methods of project deliveries.
2.2.2 prepares the initial line drawings
representing design studies leading to a recommended solution, including a general description
of the project for approval by the Owner.
2.2.3 submits to the Owner a Statement of
the Probable Project Construction Cost (SPPCC) based on current cost parameters.
2.3 Design Development Phase
Based on approved schematics and
conceptual plans, the Architect prepares:
2.3.1 the Design Development documents
consisting of plans, elevations, sections and other drawings,
2.3.2 outline specifications to fix and
illustrate the size and character of the entire project as to type of materials, type of structural,
electrical, mechanical, sanitary, electronic and communications systems.
2.3.3 diagrammatic layout of construction
systems, and
2.3.4 an updated SPPCC for submission to
the Owner.
2.4 Contract Document Phase
Based on the approved Design Development
Documents, the Architect:
2.4.1 prepares the complete Contract
Documents consisting of detailed designs and construction drawings, setting forth in
detail the work required for the architectural, structural, electrical, plumbing/
sanitary, mechanical, electronic and communication works prepared by the Architect and the
respective professionals involved.
2.4.2 prepares 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 submits to the Owner seven (7) sets
of all construction drawings and technical specifications for purposes of obtaining a
building permit.
2.4.4 updates the SPPCC based on changes
in scope, requirements or market conditions.
2.4.5 assists the Owner in filing the
required documents to secure approval of government authorities having jurisdiction over the
design of the Project.
2.5 Bidding or Negotiation Phase
2.5.1 In this phase, the Architect:
a. prepares the Bid Documents such as
forms for contract letting, documents for construction, forms for invitation and
instruction to bidders, forms for bidders’ proposals, general / specific conditions
of contract, etc.
b. assists the Owner from the early stage
of establishing a list of prospective Contractors to awarding of the
construction contract.
2.5.2 For competitive bids / procurements,
the Architect:
a. furnishes complete sets of the Bid
Documents for purposes of bidding in as many sets as may be required to conduct a
successful bidding. The said documents are loaned to bidders at an amount sufficient
to cover direct and indirect costs attendant to the preparation, packaging,
reproduction and delivery of the said documents.
The Bid Documents are the intellectual
property of the Architect (Sec. 33 of R.A. No. 9266), and must be returned by all
entities acquiring bid documents. A bond may be required to assure the return of the Bid
Documents.
The Architect retains the sole ownership
and copyright to the said documents (Sec. 33 of R.A. No. 9266). As such, bidders
must not reproduce nor use the documents for unauthorized purposes. The Owner also
must not use the documents for any other purpose other than the project for
which the Owner and Architect signed an agreement.
b. helps in organizing and conducting
pre-bid conferences,
c. responds to questions from bidders,
d. assists the Owner in obtaining
proposals from Contractors, analyzes bid results and prepares abstract of bids, notice of
award, notice to proceed and other construction contracts.
2.5.3 For negotiated contracts, the
Architect performs similar functions as in item 2.5.2 but
negotiates with one Contractor instead of
many bidders.
2.6 Construction Phase
In this phase, the Architect performs the
following:
2.6.1 makes decisions on all claims of the
Owner and Contractors on all matters relating to the execution and progress of work or the
interpretation of the Contract Documents.
2.6.2 prepares change orders, gathers and
turns over to the Owner written guarantees required of the Contractor and
Sub-Contractors.
2.6.3 makes periodic visits to the project
site to familiarize himself with the general progress and quality of work and to ascertain that
the work is proceeding in accordance with the Contract Documents. The Architect shall
not be required to make exhaustive or continuous 8-hour on-site supervision to
check on the quality of the work involved and shall not be held responsible for the
Contractor's failure to carry out the Construction work in accordance with the Contract
Documents. During such project site visits and on the basis of his observations, he shall
report to the Client defects and deficiencies noted in the work of Contractors, and shall
condemn work found failing to conform to the Contract Documents.
2.6.4 determines the amount owing and due
to the Contractor and issues corresponding Certificates for Payment for such amounts
based on his observations and the Contractor's Applications for Payment.
These Certificates will constitute a certification to the Client that the work has progressed to
the state indicated and that to his best knowledge, the quality of work performed
by the Contractor is in accordance with the Contract Documents. The Architect shall
conduct the necessary inspection to determine the date of substantial and final
completion and issue the final Certificate of Payment to the Contractor.
2.6.5 Should more extensive inspection or
full-time (8-hour) construction supervision be required by the Client, a separate
full-time supervisor shall be hired and agreed upon by the Owner and the Architect subject to the
conditions provided in the SPP Document on Full -Time Supervision. When the Architect
is requested by the Owner to do the full time supervision, his services and fees shall
be covered separately in conformance with the applicable and appropriate SPP Document.
3. MANNER OF PROVIDING SERVICES
There are two ways by which the Architect
may enter into contract with the Owner as the Lead Professional working with other professionals
in the engineering and allied professions:
3.1 with a single contract between the
Architect and Owner, and sub-consultancy contracts between the Architect and the other
professionals working with the Architect.
3.2 with the Architect and the engineering
and allied professionals executing separate contracts with the Owner.
In both cases, the professional
responsibilities and civil liabilities of each State-regulated professional
remains separate. The Architect does not
assume any of the responsibilities and liabilities of the other
professionals (RLPs).
4. PROJECT CLASSIFICATION
Professional architectural work is
classified in accordance with the degree of complexity and the creative skill required to meet the
requirements of the Client within technical, functional, economic and aesthetic constraints. Based on these
groupings, the corresponding scale of charges shall be prescribed in the Architect’s Guidelines
to determine the fair remuneration to the Architect.
4.1 Group 1
Buildings of the simplest utilization and
character which shall include but not be limited to the following:
- Armories Packaging and Processing Plants
- Bakeries Parking Structures
- Habitable Agricultural Buildings Printing Plants
- Freight Facilities Public Markets
- Hangars Service Garages
- Industrial Buildings Simple Loft-Type Buildings
- Manufacturing / Industrial Plants Warehouses
- Other similar utilization type buildings
4.2 Group 2
Buildings of moderate complexity of plan /
design which shall include but not be limited to the
following:
- Art Galleries Office Buildings / Office Condominium
- Banks, Exchange and other Buildings Park, Playground and Open-Air
- Financial Institutions Recreational Facilities
- Bowlodromes Residential Condominiums
- Call Centers Police Stations
- Churches and Religious Facilities Postal Facilities
- City/Town Halls & Civic Centers Private Clubs
- College Buildings Publishing Plants
- Convents, Monasteries & Seminaries Race Tracks
- Correctional & Detention Facilities Restaurants / Fastfood Stores
- Court Houses/Halls of Justice Retail / Wholesale Stores
- Dormitories Schools
- Exhibition Halls & Display Structures Serviced Apartments
- Fire Stations Shopping Centers
- Laundries & Cleaning Facilities Showrooms / Service Centers
- Libraries Specialty Shops
- Malls / Mall Complexes Supermarkets / Hyper-marts
- Motels & Apartels Welfare Buildings
- Multi-storey Apartments Mixed Use Buildings
- Nursing Homes Other buildings of similar nature or use
4.3 Group 3
Buildings of exceptional character and
complexity of plan / design which shall include but not be
limited to the following:
- Airports / Wet & Dry Ports & Terminals Mental Institutions
- Aquariums Mortuaries
- Auditoriums Nuclear Facilities
- Breweries Observatories
- Cold Storage Facilities Public Health Centers
- Convention Facilities Research Facilities
- Gymnasiums Stadia
- Hospitals & Medical Buildings Telecommunication Buildings
- Hotels Theaters & Similar Facilities
- Laboratories/ Testing Facilities Transportation Facilities & Systems
- Marinas and Resort Complexes Veterinary Hospitals
- Medical Arts Offices & Clinics Other buildings of similar nature or use
4.4 Group 4
Residences (single-detached,
single-attached or duplex; row-houses or shop-houses), small
apartment houses and townhouses
4.5 Group 5
- Monumental buildings and other facilities
- Exposition & Fair Buildings Museums
- Mausoleums, Memorials, & Monuments
- Specialized decorative buildings
- Buildings of similar nature or use
4.6 Group 6
Projects where the plan / design and
related Contract Documents are re-used for the repetitive construction of similar buildings without
amending the drawing and the specifications
4.7 Group 7
Housing Project involving the construction
of several residential units on a single site with the use of one (1) set of plans / design,
specifications and related documents
4.8 Group 8
Projects involving extensive detail such
as designs for built-in components or elements, built-in equipment, special fittings, screens,
counters, architectural interiors (AI), and development planning and/or design
4.9 Group 9
Alterations, renovations, rehabilitations,
retrofit and expansion / additions to existing buildings belonging to Groups 1 to 5
4.10 Group 10
The Architect is engaged to render opinion
or give advice, clarifications or explanation on technical matters pertaining to
architectural works.
5. METHOD OF COMPENSATION
The Architect’s compensation is based on
the Architect’s / architectural firm’s talents, skill, experience, imagination, and on the type
and level of professional services provided. Compensation for Regular Design Services may be based
on one or more of the following:
5.1 Percentage (%) of Project Construction
Cost (PCC)
The Architect’s Fee based on the PPC shall
be detailed in the Architect’s Guidelines.
5.2 Multiple of Direct Personnel Expenses
This cost-based method of compensation is
applicable only to non-creative work such as accounting, secretarial, research, data
gathering, preparation of reports and the like. This method of compensation is based on
technical hours spent and does not account for creative work since the value of creative design
cannot be measured by the length of time the designer has spent on his work. The computation is
made by adding all costs of technical services (man hours x rate) and then multiplying it by a
multiplier to cover overhead and profit.
The multiplier ranges from 1.5 to 2.5
depending on the office set-up, overhead and experience of the Architect and the complexity of the
Project.
Other items such as cost of
transportation, living and housing allowances of foreign consultants, out-of-town living and housing allowances
of the local consultants and the like, are all to be charged to the Client. At the start of the
commission, the Architect shall make known to the Client the rate of professionals and
personnel who will be assigned to the Project and the multiplier that has to be applied before
agreeing on this method of compensation.
FORMULA
Assume:
A = Architect’s rate / hour
C = Consultant’s rate / hour
T = Rate per hour of Technical Staff,
Researchers and others involved in the Project
AN, CN, TN = No. of hours spent by
Architect, Consultants and Technical Staff
M = Multiplier to account for overhead and
reasonable profit. The value may range from 1.5 to 2.5 depending on the set-up of the Architect’s
office and the complexity of the Project.
R = Reimbursable expenses such as
transportation, housing and living allowance of Consultant, transportation, per diem, housing and
living allowance of local consultants and technical staff if
assigned to places over 100km. from area
of operation of the Architect.
Cost of printing of extra set of drawings,
reports, maps, contract documents, etc. over the seven (7) copies submitted to the Client,
overseas and long distance calls, technical and laboratory tests, licenses, fees, taxes and similar
cost items needed by the Project.
Direct cost = AN + CN + TN
Fee = Direct Cost x M
Total Cost of Service charged to Client =
Fee + R
5.3 Professional Fee Plus Expenses
This method of compensation is frequently
used where there is continuing relationship involving a series of Projects. It establishes a
fixed sum over and above the reimbursement for the Architect’s technical time and overhead.
An agreement on the general scope of the work is necessary in order to set an equitable
fee.
5.4 Lump Sum or Fixed Fee
This method may be applied to government
projects since they entail more paper work and time-consuming efforts.
5.5 Per Diem, Honorarium Plus Reimbursable
Expenses
In some cases a Client may request an
Architect to do work which will require his personal time such as:
5.5.1 attending project-related meetings,
conferences or trips;
5.5.2 conducting ocular inspection of
possible project sites; and
5.5.3 conferring with others regarding
prospective investments or ventures and the like.
For these particular activities, the
Architect as agent of the Owner may be paid on a per diem and honorarium basis plus out-of-pocket
expenses such as but not limited to travel, accommodations and subsistence.
5.6 Mixed Methods of Compensation
The SPP provides for more than one method
of compensation on a project. Each project should be examined to determine the most
appropriate method of compensation.
6. OWNER’S RESPONSIBILITIES
6.1 Provide full information as to his
requirements for the Project.
6.2 When necessary, designate a
representative authorized to act on his behalf.
6.3 Promptly examine and render decisions
pertaining to documents submitted by the Architect to avoid unreasonable delay in the progress
of the Architect’s work. The Owner should issue orders to the General Contractor only
through the Architect.
6.4 Furnish or direct the Architect to
obtain at his 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.
6.5 Promptly pay for architectural and all
other engineering and allied services required for the project.
6.6 Pay for the design and consulting
services on acoustic, communication, electronic, and other specialty systems which may be required
for the project.
6.7 Arrange and pay for such legal,
auditing, insurance, counseling and other services as may be required for the project.
6.8 Pay for all reimbursable expenses
incurred in the project as called for in Section 7: “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 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.
6.9 If the Owner observes or otherwise
becomes aware of anything that may impair the successful implementation of the project, he shall
give prompt written notice to the Architect.
7. OTHER CONDITIONS ON SERVICES
7.1 Conditions for the Architect’s Fee
The Architect’s Fee is based on the
Project Construction Cost. Where the Architect has to render additional services, additional
compensation shall be required.
7.2 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 Owner’s 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.
7.3 Scale Models, 3D Models and Walk-Thru
Presentations
Should a scale model, 3D models and/or
walk-thru presentation of the architect’s design be necessary, they are to be recommended by
the Architect for the Owner’s 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.
7.4 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 50.0 kilometers (air, straight line
or radial distance) from his established office as it appears in the Architect’s letterhead.
7.5 Extra Sets of Contract Documents
The Owner shall pay the Architect for
additional sets of Contract Documents.
7.6 Change/s Ordered by the Owner
If the Architect renders additional
professional services due to changes ordered by the Owner after approval of the Architect’s outputs,
the Owner shall pay the Architect for extra time, resources/ drafting, or other office
expenses.
7.7 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, specifications and other building
construction documents. These are sets of detailed instructions that shall serve as the basis for the
General Contractor to implement the project. Once the Architect has prepared all these
documents, the Architect has completed the Detailed Design and Contract Documents Phase of his
services, which is equivalent to Ninety percent (90%) of his work.
When the Owner therefore fails to
implement the plans and documents for construction as prepared by the Architect, the Architect
is entitled to receive as compensation the sum corresponding to ninety percent (90%) of
the Architect’s fee.
7.8 Different Periods of Construction
If portions of the building/s are erected
at different periods of time, thus increasing the construction period and Architect’s burden
of services, charges pertaining to services rendered during the Construction Phase shall be
adjusted proportionately. When the suspension of construction exceeds a period of six (6)
months, the fee for the remaining works shall be doubled.
7.9 Services of Specialist Consultants
If the Owner requires the services of
specialist consultants, they shall be engaged with the consent of the Architect. The cost of
their services shall be paid for separately by the Owner and shall not be deducted from the Architect’s
fee.
7.10 Separate Services
Should the Owner require the Architect to
design movable or fixed pieces of cabinets and other architectural interior (AI) elements, site
development plan (SDP) components, urban design elements, and other items of similar
nature, the Owner shall pay the Architect in addition to the Architect’s fee. The compensation shall be
based on the Project Construction Cost as provided for under SPP Document 203.
7.11 Fulltime Construction Supervision
Upon recommendation of the Architect and
with the approval of the Owner, full-time construction supervisors as will be deemed necessary
shall be engaged and paid by the Owner. If no Project / Construction Manager is present, the
full-time construction supervisor shall be under the technical control and supervision of the
Architect and shall make periodic reports to the Owner and to the Architect regarding the
progress and quality of the work done.
7.12 Estimates
Any SPPCC or any Cost Estimate submitted
by the Architect can attain only a certain degree of accuracy. As the Architect has no control
over the cost of labor and materials, or the many factors that go into competitive bidding,
he does not assume any professional responsibility for such cost estimates, unless glaring errors
or discrepancies are clearly evident.
7.13 Government Taxes and Services
The Architect’s Fee is a net amount. Any
tax (exclusive of income tax) that the national and/or local government/s may impose on the
Architect as a consequence of the services performed for the project shall be paid by the
Owner.
7.14 Ownership of Documents
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).
7.15 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.
7.16 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 Owner’s
interest. Nothing should be installed inside or outside of the building that would compromise its safety
and aesthetics.
7.17 Project Construction Cost (PCC)
Project Construction Cost (PCC) 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.
7.18 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.
Source : https://www.united-architects.org
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