“Bawal ang patiwarik”

By: Arch. Ernesto R. Zarate

YOU MAY BRAND ME SUPERSTITIOUS… nay, not just superstitious but overly superstitious for delving on this topic. But, as I have often said in my books, “Oro, Plata Mata, Filipino Building Beliefs” and its sequel, “More Filipino Building Beliefs,” (with tongue-in-cheek, of course) “Wala naman mawawala,e. Kaya sumunod ka na lang.”

There is this Batangueño building belief that they call “Bawal ang patiwarik” or “Upside-down is forbidden.” This means that building materials shall be installed in a house with their natural ends where they should be—the bottom end of a piece of bamboo should be at the bottom part, and the top end should be on top. Even wood members have to follow this “rule.”

The poser, as mentioned in the books, is—“How would you know which is the bottom or top part of a piece of wood that has been precision-cut in a lumberyard?” The ends look the same. One cannot visually differentiate the bottom from the top, it seems.

Well, there are three ways in which to distinguish the natural top from the natural bottom.

First, tie a piece of cord or rope at the exact middle of the length of wood. Raise it up. The end that tips down is the bottom. You see, wood is denser at the bottom.

Second, scratch both ends of the wood and smell it. The end that has the stronger scent of sap is the bottom because, by gravity, sap settles to the bottom of the wood.

The third method is by observing how the piece of wood flows down a stream. (Lumber used to be delivered to the job site in this manner during the olden days.) The leading end is usually the heavier end, thus the bottom end. The lighter end always trails.

Batangueños abide by this “Bawal ang patiwarik” idea because of the belief that if a post or vertical member is placed in a house with the wrong end up, “palubog din daw ang buhay ng mga nakatira doon.” (The lives of the people staying in that house would also sink.)

This belief applies also to other things and not necessarily limited to just construction materials.

Which is brings us to the bone of contention of my “dissertation”.

The root cause of all the ills and troubles of the Philippine National Police is this: their logo is upside down.

What I am talking about is the shield symbol… it is upside down.

I am from the North. And I observed that all the ceremonial shields used by the Igorots have their three points up and two points down. It is the representation of a warrior in a defense position. This is similar to a boxer in defense who has his two hands up. The third point would be his head. While the two ends pointing down would represent his legs.

In the course of my researches for the books I have written, in all the illustrations I have come across of indigenous Filipino weaponry, it is the same… three ends up and two ends down.

Baligtad ang ginagamit na kalasag ng PNP.

“Bawal ang patiwarik.”

Maybe the leadership of the PNP can look in to this. As I say again and again, “Wala namang mawawala kung sumunod sa pamihiin, e. Magastos nga lang kung ngayon pang gagawin ang pagbabago.

by Ernie Zárate.)

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LUCKY NUMBERS

By: Arch. Ernesto R. Zarate

Wikipedia tells us that “Numerology is any study of the purported divine, mystical or other special relationship between a number and some coinciding observed (or perceived) events… but are no longer considered part of mathematics and are regarded as pseudomathematics or pseudoscience by modern scientists.” Let’s leave this matter to these experts. We shall just concern ourselves with what Filipinos believe are lucky numbers, and as architects, on the auspicious dates to commence any endeavor like starting the construction, pouring of concrete for the foundations or beams, or moving in to the completed structure.

Many believe that these important endeavors must be carried out on dates that end in number “8” or “0” because as one writes these numbers, the hand movement is upwards. “5” and “2” and are not too bad and are permissible as the writing of the numbers ends in the horizontal. All the other numbers, however, end with a downward stroke and thus are usually not selected by staunch believers of this superstition..

But this goes diametrically opposite for other people. They say the 7th, 17th, or 27th, of the month are the best dates for launching any endeavor.

Aside from dates, for many Chinese, the Arabic number “8”, because it has the shape of two closed rings, or two coins placed one on top of the other, is considered luckiest or at least attracts good fortune. Many rich people from Hong Kong often buy at premium prices automobile plate numbers bearing the number “8”, especially “888.” It would not be improbable then that this also should be applicable to lot or house numbers.

In this regard, 1990 National Artist for Architecture, Leandro V. Locsin has to be the luckiest architect in the Philippines. He was issued PRC Reg. No. 888. We all know that PRC Registration Numbers are not chosen by successful examinees in the government exams—they are issued at random by the Board of Architecture of the Philippine Regulation Commission.
by Ernie Zárate.)

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MUSIC AND ARCHITECTURE

By: Arch. Ernesto R. Zarate

18th century German philosopher Friedrick von Schelling is the author of the famous quotation: “Architecture in general is frozen music.” The relationship between architecture and music is truly amazing. We could write several pages of dissertation comparing the two arts. It is no wonder therefore, that many architects are into music.

Here is a motley list of trivia that I was able to gather:

1. To pay for his passage, 1973 National Artist for Architecture Juan F. Nakpil worked as a pianist in the ocean liner he sailed in when he first traveled to the United States to study.

2. 1990 National Artist Lindy Locsin had to make a career decision whether to be a concert pianist or an architect. Thank God he shifted to architecture before his completing his final recital.

3. Filipino Architecture advocate Bobby Mañosa is a proud member of the Executives Combo, a band composed of prominent politicians and businessmen. His first choice of a college course was music but his father dissuaded from taking up music.

4. TV personality Ariel Ureta finished his architecture at UST but did not take the board and went to Radio then TV. He was one of the most prolific jingle composers during his advertising days.

5. The oldtimers would remember Eddie Peregrina, a singing idol of the seventies. He was the classmate of Arch. Ramon Zaragoza at the UST College of Architecture and Fine Arts.

8. Joey de Leon studied architecture at NU. He too composed many pop songs. He is also an accomplished artist (painting).

9. If he did not relocate to the United States in the eighties, Arch. J. Ramon Faustmann would have been one of the prominent architects in the Philippines today. Guitar music was his forte. He also performed with the Executives Combo.

10. Pop singer Ariel Rivera studied architecture at George Brown College in Canada.

11. Famous stage and screen performer Leo Valdez quit architecture while in his third year into the course to concentrate on his stage career.

12. Many still remember Nonong Pedero during the OPM era of Philippine music. He was an architectural student at UP when I first met him.

13. Singing idol Christian Bautista who seems to be more popular in Asia than in his home country is a graduate of Landscape Architecture at UP.

14. In the seventies, we also had composer/arranger and orchestra leader Emil Mijares who also took up architecture at Mapua together with the Pat Boone of the Philippines then, Nick Balbona, Jr.

15. In the States, Art Garfunkel of the famous Simon and Garfunkel songwriting and singing duo, studied architecture at Columbia U.

Other personalities who took up architecture in college but were not necessarily into music:

1. Jaime Zobel de Ayala graduated at Harvard where he finished a course on Architectural Sciences. He later went on to attend the Advanced Management Program in the Far East, conducted by the Faculty from the Harvard Graduate School of Business Administration in Baguio, in 1963.

2. Lito Atienza, the former Mayor of Manila and former DENR Secretary, studied architecture in UST.

3. Newly elected Mayor of Pasig Maribel Andaya-Eusebio is a registered licensed architect and takes over from her husband, Bobby Eusebio who is also an architect.

4. Pol Medina, the cartoonist and writer of the comic strip “Pugad baboy” finished his architecture at UST in 1983, worked for two years in Iraq, then started his career as a cartoonist with the comic strip about a community of fat characters called “Polgas.”

5. Other movie stars who took up architecture include Rita Avila, Ernie Ortega, Vic Vargas, Romnick Sarmenta and of course Miss Shamcey Supsup.

Did you know that even Adolf Hitler almost became an architect? In his biography found in Spartacus International on the Internet, we read that “…when he was eighteen Hitler received an inheritance from his father's will. With the money he moved to Vienna where he planned to become an art student. Hitler had a high opinion of his artistic abilities and was shattered when the Vienna Academy of Art rejected his application. He also applied to the Vienna School of Architecture but was not admitted because he did not have a school leaving certificate.”

by Ernie Zárate.)

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DOES “MATA” REALLY MEAN “DEATH”?

By: Arch. Ernesto R. Zarate

Some scholars opine that the word “mata” in the Filipino building belief was originally “mala” or “bad” in Spanish but through the years, it metathesized or mutated to become “mata.” Although it is not the literal translation, it sounds much like the term for “death” in Tagalog (“mamatay” is to die) as well as all the other vernacular languages and it is for this reason that Filipinos readily accepted the Spanish “mata” to mean “death.”

In my later researches, I discovered that this particular custom of counting steps did not originate from Spain. Considering that the galleon trade has been flourishing in our country for centuries during the Spanish regime, I am of the belief that we adapted the phrase “Oro, plata, mata” from South America. In fact these words are found in several refranes (proverbs) from Cuba, Puerto Rico, Mexico, Venezuela, Panama, and other Latin American countries.

One proverb common in these areas goes this way. “Aceituna. Una oro, dos plata; la tercera, mata.” Translating from Spanish, this is “Olive. One is gold; two silver; the third kills.” Another common saying is “Sandia. Por la mañana oro, al mediodia plata y por la noche mata,” translated as “Watermelon. For the morning gold, afternoon, silver and for nighttime, kills.” “La naranja, (orange)—oro, por la mañana; a la tarde, plata; a la noche, mata."

Some scholars claim that these refranes advise that it is best to eat fruits in the morning, may be permissible during daytime but never at night. One went to the extent of explaining the acid contained in fruits especially melon, watermelon, or orange, does not work well with human digestive juices at night when our body should rest.

There might be some other symbolism being presented here because I have doubts if one gets killed after eating three olives. Some translations state that “mata” actually means “bush,” not “kill” or “death.” To learn more of this, I posted the question “What is oro, plata, mata?” in the service feature of Internet provider Yahoo called “Yahoo Answers” and one Internet surfer gave this reply:

“ORO in ORO, PLATA, MATA does not refer to gold itself but to gold coins, the symbol of royalty and fine living. PLATA does not refer to silver itself but to silver coins, the symbol of the lifestyle of commoners. MATA refers to shrubs, the symbol of the working class whose life depended not on symbols of the currency but on what the earth gives, the crop.” (jodywisteria@yahoo.com.)

Correlating this now to our stair belief, it would seem that “mata” does not mean death to the occupants of the house that uses a wrong stair count… just an apprehensive portent that the house will have poor residents.

(From “More Filipio Building beliefs” by Ernie Zárate.)

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Hiring an Architect is the best investment you can have

 

If you are building a house and on a tight budget, hiring an architect is the best investment you can have. An architect can assist and help you achieve your needs, aspirations and vision, as well as add value to your project through good/proper design and sound construction. An Architect strives to transform a building into architecture through the right combination of form, materials and details. He/She creates spaces that will make you feel good, places where you can relax and a place you can call home.

Undertaking a building project - whether a new build, extension or a renovation – can be a daunting experience. When you engage an architect you are employing someone who has undertaken seven years of architectural training (5 years of formal college education and 2 years of apprenticeship) and has passed the tough government regulatory examination – no other building professional is trained in design and construction to such a level of expertise. Would you trust your project to anyone else?

Remember that bad design have its corresponding costs. Badly designed buildings and places incur costs to the building's owner, community and even to society. This costs may include monetary value, running costs, maintenance costs, function, etc. And don't forget the emotional stress you will get once you come home everyday and experience the result of bad design. So think twice before getting any person to design your house. It is only the Architect who can do the work for you.

source

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How safe is it to use centralized gas piping in a building or house?

To date, it seems that investigations to the Serendra blast is focusing on the use of the centralized gas piping system in the building, the system being used in all Bonifacio Global City buildings and condominiums. This type of system is widely used in developed countries. But in the Philippines, only few developments have used this type, which is still relatively much safer than using the conventional tank system.

So if the building is using a centralized gas piping system, here are some safety tips for homeowners in such condominiums. When the gas passes through a customer's gas meter, it becomes the property of the customer.  Once inside the home, gas travels to equipment and appliances through piping installed by the home-builder and owned by the customer, who is responsible for its upkeep.

When the gas reaches a customer's meter, it passes through another regulator to reduce its pressure to under ¼ pound, if this is necessary.  (Some services lines carry gas that is already at very low pressure.) (see distribution system)  This is the normal pressure for natural gas within a household piping system, and is less than the pressure created by a child blowing bubbles through a straw in a glass of milk.  When a gas furnace or stove is turned on, the gas pressure is slightly higher than the air pressure, so the gas flows out of the burner and ignites in its familiar clean blue flame.

It is important for you and your family to know what to do when you smell, hear, or see gas leaking.
Even a slight gouge, scrape or dent to a pipe or coating may cause a dangerous break or leak in the future.


When you suspect a gas leak you should...
* Leave your home immediately and take others with you. If outside, get well away from where you suspect the gas is leaking.
* Open windows before you leave if the odor is faint.
* Call emergency hotlines.
* Tell responders if there is also a problem with your electric service.
* Follow directions from emergency responders who are on site.

When you suspect a gas leak you should NOT...
...do anything to create a spark that could cause an explosion, such as:
* Light a match
* Turn appliances or lights on or off (including flashlights)
* Use a telephone or cell phone
* Ring a doorbell
* Start a car

Gas Safety in the Home
Follow these gas safety rules at home:
* Never use a gas range or oven to heat your home.
* Gas-fired appliances such as stoves or gas dryers that are attached to a flexible connector should only be moved or replaced by professionals. Old flexible connectors should be replaced and not reused because they may become brittle over time and develop small cracks, which leak enough gas to reach a hazardous level.
* Don’t step, sit, lean, or place any objects on flexible connectors attached to appliances.
* To prevent combustible gases from entering a building through sewer lines, make sure that indoor sewer-line caps are intact and securely attached.
* Keep cleaning products, gasoline, paints, and other combustible materials away from gas appliances.
* Don’t let children play near gas appliances.
* Keep the path and area around the gas meter clear so it can be reached in case of an emergency.
* Don’t enclose your gas meter. Remove dirt from around your gas meter and associated piping by using a brush instead of a shovel.

Protect Yourself Against Carbon Monoxide
Carbon monoxide (CO) is a colorless, odorless, poisonous gas that can cause serious illness or death if inhaled in large concentrations for even a short period of time. Every home has fuel-burning appliances that can produce CO if they are not working properly.

Symptoms of CO poisoning include headaches, tightness of chest, dizziness, nausea, and fatigue.
* If you suspect CO poisoning, immediately evacuate the premises and call 911.
* Install CO detectors in your home. If you use a battery-operated or plug-in detector with battery backup, check the batteries every month and replace the batteries once a year.
* If the CO alarm sounds, but no one is showing symptoms of CO poisoning, open windows, turn off all potential CO sources, and leave. Have a qualified technician investigate the source of the CO and inspect your appliances, detector, and chimneys to make sure they are operating correctly.
* All vents, chimneys, and flues should be inspected and cleaned annually by a qualified technician.
* Be sure appliances, including portable generators, are properly adjusted and working to manufacturer’s specifications and local building codes.

* Do not use kerosene or propane auxiliary heaters indoors or in any enclosed space.
* Never use a gas range or oven to heat your home.
* Barbecue grills and portable generators should be used only outdoors. Do not use them in an enclosed porch or garage.
* Never leave your car, lawn mower, snow blower, or portable generator running in an enclosed space or in a garage or shed, even if the door is open.

Signs of a Gas Leak
* Smell — A distinctive, strong odor similar to rotten eggs. A distinctive odor to gas is added so that leaks are easier to detect.
* See — A white cloud, mist, fog, bubbles in standing water, blowing dust, or vegetation that appears to be dead or dying for no reason.
* Hear — A roaring, hissing, or whistling sound may indicate escaping gas.

It is important for you and your family to know what to do when you smell, hear, or see gas leaking.

source1 and source 2

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Service Agreement between Owner and Architect

ARCHITECT - OWNER AGREEMENT 

for Full Detailed Architectural and Engineering (DA&E) Design Services

(In Full DA&E Design Services i.e. the Architect brings in all of the Design Engineers as part of his Design Team. The Architect’s Fee is computed based on a percentage of the Project Construction Cost (PCC). The Fee percentage (%) shall also be based on the type of the Project. The ultimate determinant of the Architect’s Fee is the Final Project Construction Cost (FPCC), computed at the completion of the construction work.) 

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,

That whereas the OWNER intends to build a ______________________ to be located at _________________________________________, hereinafter called the PROJECT. 

NOW, THEREFORE, The Owner and the Architect, for and in consideration of the foregoing promises and of the other covenants hereinafter named, agree as follows: 

ART. 1. SCOPE OF WORK

That the scope of work to be done by the Architect, as herein authorized by the Owner for the subject Project herein referred to, consists of professional services for the following: 

1.01 Site development planning (SDP) of the grounds of the building, including other concomitant structures within the Project site, as may be determined by the Owner. 

1.02 Basic (Regular) Detailed Architectural and Engineering (DA&E) Design of the Project to be located at ________________________________. 

ART. 2. ARCHITECTS BASIC SERVICES

The Architect's Basic (Regular) Services shall consist of the following:

2.01 Project Definition Phase 
This phase shall involve the definition of the requirements of the Project by the Owner. The Architect in turn shall inform the Owner of the technical requirements of the Project and the concomitant professional fees. In this phase, the Architect shall:
a. consult with the Owner to ascertain the conceptual framework and related requirements of the Project and confirm such requirements with the Owner;
b. gather relevant information and data leading to the definition of the requirements of the Project, including the scope of the Architect’s services;
c. review and refine the Owner’s space requirements and translate them into an architectural program; d. prepare an initial statement of probable construction cost.

2.02 Schematic Design Phase
This phase shall consist of the preparation of schematic design studies derived from the Project Definition Phase, leading to conceptual plans. The Architect shall:
a. evaluate the Owner’s program, schedule, budget, project site and proposes methods of Project deliveries;
b. prepare the initial line drawings representing design studies leading to a recommended solution, including a general description of the Project for approval by the Owner;
c. submit to the Owner a Statement of the Probable Project Construction Cost (SPPCC, reference Annex “A”) based on current cost parameters.

2.03 Design Development Phase
Based on approved schematics and conceptual plans, the Architect shall prepare:
a. the Design Development documents consisting of plans, elevations, sections and other drawings;
b. the 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;
c. the diagrammatic layout of construction systems; and
d. an updated SPPCC for submission to the Owner.

2.04 Contract Document Phase
Based on the approved Design Development Documents, the Architect shall:
a. prepare 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 by the other State-regulated building professionals involved;
b. prepare the Technical Specifications describing type and quality of materials, finish, manner of construction and the general conditions under which the Project is to be constructed;
c. submit to the Owner seven (7) sets of all construction drawings and Technical Specifications for purposes of obtaining a building permit;
d. update the SPPCC based on changes in scope,  requirements or market conditions; and e. assist the Owner in filing the required documents to secure approval of government authorities having jurisdiction over the design of the Project;

2.05 Bidding or Negotiation Phase
a. In this phase, the Architect shall:
i. prepare 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.;
ii. assist the Owner from the early stage of establishing a list of prospective General Contractors to the award of the Construction Contract;

b. For competitive bids/ procurements, the Architect shall:
i. furnish 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 must also not use the documents for any other purpose other than the Project for which the Owner and Architect signed a Service Agreement;
ii. help in organizing and conducting pre-bid conferences;
iii. respond to questions from bidders;
iv. assist the Owner in obtaining proposals from General Contractors, analyze bid results and prepare the abstract of bids, notice of award, notice to proceed and other/ related construction contracts; and

c. For negotiated contracts, the Architect shall perform similar functions as in item b. above but negotiates with one General Contractor instead of many bidders.

2.06 Construction Phase
In this phase, the Architect shall perform the following:
a. make 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;
b. prepare change/ variation orders (CVOs), gather and turn over to the Owner written guarantees required of the Contractor and Sub-Contractors;
c. make 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 eight (8)-hour on-site supervision to check on the quality of the work involved and shall not be held responsible for the General 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 the Architect’s 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;
d. determine the amount owing and due to the Contractor and issue corresponding Certificates for Payment for such amounts based on his observation/s 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 the Architect’s 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;
e. 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 2010 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 2010 SPP Document.

ART. 3     ARCHITECTS FEE AND MANNER OF PAYMENT
3.01      That the Owner agrees to pay the Architect for professional services, a fee of ______ Percent (0.0%) of the Final Project Construction Cost (FPCC), with other payments and reimbursements as hereinafter provided, the said percentage hereafter called the Basic Fee. For the initial computation of the Basic Fee for use in this Agreement however, the Statement of Probable Project Construction Cost/ SPPCC (reference Annex “A”) shall be used.
3.02     That payments to the Architect on account of the agreed Architect’s Fee shall be made by the Owner as follows:
a.     A minimum of Twenty Five Thousand Pesos (P25,000.00) upon signing of this Agreement as the mobilization component of the agreed Architect’s Fee.
b.     Upon the completion of the Schematic Design Services, but not more than 15 days after submission of the Schematic Design to the Owner, a sum equal to 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 Architect’s Fee based on the original Statement of Probable Project Construction Cost (SPPCC);
g.     Upon completion of the work, the balance of the Architect’s 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 Architect’s 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 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.
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 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.
5.03    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.
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 Architect’s 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 Architect’s 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, specifications and other building construction documents, in collaboration with other State-regulated professionals. 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.
5.08    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.
5.09    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.
5.10    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 the 2010 SPP Document 203 and its applicable guidelines.
5.11    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.
5.12    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.
5.13    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.
5.14    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).
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 Owner’s 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 left-hand margin of all the other pages of this Agreement.


____________________                                       ____________________
Owner                                                           Architect

SIGNED IN THE PRESENCE OF:


_______________________________                ________________________________


Republic of the Philippines)
City of ____________       ) s.s.

Before me, a Notary Public in and for the City of ______________, personally appeared the Owner, ________________________ with Community Tax Certificate No. 00000000 issued on Month 00, 201_ in ¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬-____________ City and the Architect, _____________with Community Tax Certificate No. 00000000 issued in _________, on Month 00, 201_, both known to me to be the same persons who executed the foregoinq Instrument and its Annexes, and acknowledging to me that the same is their free act and deed.

In witness whereof, I have hereunto set my hand and affixed my Notarial Seal this ____ of _________ in the City of ___________, Philippines.

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