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Bldg. Laws - Ra 9266

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RULE I - TITLE, POLICY STATEMENT, DEFINITION OF TERMS, AND SCOPE OF PRACTICE


❑ → Directly and
professionally responsible for the total design of
the project for the client and who shall assume the
civil liability for the plans, specifications and
contract documents he/she has signed and
sealed.
❑ →
directly and professionally responsible and liable
for the construction supervision of the project.
❑ → rofessionally and
academically qualified and with exceptional or
recognized expertise or specialization in any
branch of architecture.
RULE I - TITLE, POLICY STATEMENT, DEFINITION OF TERMS, AND SCOPE OF PRACTICE


❑ → sole proprietorship, a
partnership or a corporation registered with the
DTI AND/OR SEC and then with the Board of
Architecture and PRC.
❑ → synonymous with
an Architectural Partnership registered with SEC.
❑ → group of
professionals in architecture and allied professions,
for the purpose of delivering professional service in
Architecture and Allied professions.
→ 75% composition requirement are Architects
❑ → group of 2 or
more Architects duly registered with the SEC and
then with the Board of Architecture.
RULE I - TITLE, POLICY STATEMENT, DEFINITION OF TERMS, AND SCOPE OF PRACTICE


❑ → part of the
Architects’ Nat’l Code contains the norms and
principles governing the practice of the profession
in the highest standards of ethical conduct.
❑ → generally include the
following documents:
▪ Special Provisions or conditions
▪ General Conditions
▪ Drawings
▪ Specifications
▪ Other Bid Documents
❑ → Intellectual
Proprietary Rights retained by an Architect over
any architectural documents/ work.
RULE I - TITLE, POLICY STATEMENT, DEFINITION OF TERMS, AND SCOPE OF PRACTICE


❑ → Architect who is not a
Filipino citizen nor an Architect registered and
licensed in the Philippines.
❑ → Local Philippine
Architect, that must work in association with a
Foreign architect on a project on Philippine soil.
❑ → Involving transfer of
systematic knowledge for the manufacturer,
process, or service including management
contracts, assignment or licensing of all forms of
intellectual property rights.
RULE I - TITLE, POLICY STATEMENT, DEFINITION OF TERMS, AND SCOPE OF PRACTICE


❑ → detailed physical
planning of Land or Property on which vertical
structures are to be proposed.
❑ → Detailed site development
planning of all areas surrounding a
building/structure but only within the property
limits of the land on which are to be erected.
❑ → Physical and Systemic design
undertaken on a community/urban plane.
RULE I - TITLE, POLICY STATEMENT, DEFINITION OF TERMS, AND SCOPE OF PRACTICE


❑ → Board of Architecture
❑ → Construction Industry Arbitration
Commission
❑ → Integrated Accredited Professional
Organization of Architects
❑ → Philippine Contractors Accreditation
Board
❑ → Philippine Domestic Construction Board
RULE II - PROFESSIONAL REGULATORY BOARD OF ARCHITECTURE: ORGANIZATION,
POWERS, AND FUNCTIONS


RULE II - PROFESSIONAL REGULATORY BOARD OF ARCHITECTURE: ORGANIZATION,
POWERS, AND FUNCTIONS


❑ Prescribe and adopt the “IRR of the Architecture Act
of 2004”
❑ Supervise the registration, licensure and practice of
architects
❑ Administer oaths
❑ Issue, suspend, revoke, or reinstate the Certificate of
Registration and the Professional Identification Card for
RLA.
❑ Monitor the conditions affecting the practice of
architecture
❑ Prescribe and/or adopt the Code of Ethical Conduct
and Standards of Professional Practice
❑ Hear and decide administrative cases involving
violations of R.A. No. 9266
❑ Prescribe guidelines for the Continuing Professional
Development (CPD) program
RULE II - PROFESSIONAL REGULATORY BOARD OF ARCHITECTURE: ORGANIZATION,
POWERS, AND FUNCTIONS


❑ Prepare, adopt, issue or amend the syllabi of the
subjects for examinations
❑ Approve, issue, limit or cancel temporary or special
permit to practice architecture
❑ ensure that all higher educational instruction and
offerings of architecture comply with the policies,
standards and requirements of the course prescribed
by the CHED
❑ Discharge such other duties and functions as may be
deemed necessary for the enhancement of the
architecture profession.
RULE III - EXAMINATION, REGISTRATION AND LICENSURE


❑ Day 1 Morning – 30%

❑ Day 1 Afternoon – 30%


❑ Day 2 All Day – 40%


❑ To be qualified / passed the licensure examination, a


candidate must obtain a weighted general average
of:


RULE III - EXAMINATION, REGISTRATION AND LICENSURE


❑ Architectural plans and specifications
prepared by, or under the direct supervision
of a registered architect shall be stamped
with a seal of such design as the Board shall
authorize and direct upon registration.
❑ It shall be unlawful for anyone to stamp or seal any
documents if:
❑ registrant named thereon has expired or revoked, unless
renewed or re-issued
❑ Any architect to sign his/her name, affix his/her seal or
use any other method of signature made under another
architect’s supervision, unless work actually performed
by the former.
❑ Unlawful for any person, except the architect-of-record,
to sign for any branch of work not actually performed by
him/her.
❑ No officer/employee of this Republic, shall
accept/approve which not prepared/submitted with all
the provisions of R.A. No. 9266; nor have not been so
prepared and signed and sealed by the author.
RULE III - EXAMINATION, REGISTRATION AND LICENSURE


❑ Drawings and specifications duly signed, stamped or
sealed, as instruments of service, are the intellectual
properties and documents of the architect, whether
the object for which they are made is executed or not.
RULE IV - PRACTICE OF ARCHITECTURE

❑ Any person who shall practice or offer to practice
architecture in the Philippines without being
registered/licensed and who are not holders of temporary
or special permits.
❑ Guilty of misdemeanor and charged in court by the
Commission → be sentenced to a fine of not less than:
P100,000.00 ~ P5,000,000.00 or to suffer imprisonment
for a period not less than:
6 months ~ 6 years or both, at discretion of Court.


❑ Guilty → be sentenced to a fine of not less than:
P50,000.00 ~ P500,000.00 or to suffer imprisonment for
a period not less than:
6 months ~ 6 years or both, at discretion of Court.
RULE IV - PRACTICE OF ARCHITECTURE

❑ Any person or entity, who/which shall entice, compel,
coerce, require or otherwise force an architect to
undertake/perform any service without first executing
a written contract/service agreement, shall be guilty of
a misdemeanor.
❑ If Guilty → Fine of not less than (P200,000.00) or to suffer
imprisonment for a period not exceeding six (6) years,
at the discretion of the Court.


❑ shall seek opportunities to be of constructive service in civic


and urban affairs.
❑ Shall promote the interest of his professional organization, He
should share in the interchange of technical information and
experience with the other design professions and the
building industry
❑ Comply with the standards of ethical conduct and practice
of the profession, at no time act in a manner detrimental to
the best interest of the profession
❑ shall not use paid advertisement nor use self-laudatory,
exaggerated or misleading publicity
❑ shall not solicit nor permit to solicit in his name,
advertisements or other support towards the cost of any
publication presenting his work
❑ shall not mislead the public through advertisements, signs or
printed matter citing his professional specializations.

❑ May introduce to Client the professional services he is able


to perform provided it is limited to presentation of examples
of his professional experience and does not entail the
offering of free preliminary sketches or other services.
❑ Shall acquaint / ascertain from Client at the very inception
of their business relationship, the exact nature and scope of
his services and the corresponding professional charges.
❑ Shall advise a Client against proceeding with any project
whose practicability may be questionable due to financial,
legal or arresting or exigent conditions.
❑ Shall explain the conditional character of estimates other
than estimates submitted in the form of actual proposals by
contractors
❑ shall consider the needs and stipulation of his Client and the
effects of his work upon the life and well-being of the public
and the community

❑ Shall charge his Client for services rendered, a professional fee with
the work involved based upon the Basic Minimum Fee prescribed
under “Standards of Professional Practice”.
❑ Shall not undertake, under a fixed contract sum agreement. In
certain cases, undertake the construction of a project even when
the plans were prepared by him provided it is undertaken in
conformity with the conditions set forth under sections covering
“Construction Services” “Comprehensive Services” or “Design-Build
Services”.
❑ Shall be compensated for his services solely through his
professional fee charged directly to the Client, shall not accept nor
ask for any other returns.
❑ Shall be free in his investments and business relations outside of his
profession from any financial or personal interests which tend to
weaken and discredit his standing as an unprejudiced and honest
adviser
❑ Shall include in his agreement with the Client a clause providing for
arbitration as a method for settlement of disputes.

❑ Shall give the Contractor every reasonable aid to enable


him to fully understand the contents of the Contract
Documents.
❑ Shall not knowingly call upon the Contractor to correct or
remedy oversights or errors in the Contract Documents.
❑ Shall immediately upon his personal knowledge and
inspection, reject or condemn materials, equipment or
workmanship which are not in conformity with the Contract
Documents.
❑ Shall not, at any time or circumstance, accept free
engineering services, or receive any substantial aid, gifts,
commissions, or favors from any Contractor or subcontractor
❑ Upon request by the Contractor, promptly inspect each
phase of the work completed.

❑ Shall not avail/use of engineering or other


technical services offered by
manufacturers/suppliers of
materials/equipment which may be
accompanied by an obligation detrimental to
Client or which adversely affect the
Architect’s professional opinion.
❑ Shall not at any time receive commissions,
discounts, fees, gifts or favors from agents or
firms handling building materials or
equipment. however, accept market
discounts which shall be credited to the Client.

❑ Shall not render professional services without compensation


except for small civic or charity project.
❑ Shall not knowingly compete with other Architects on the
basis of differences of professional charges, nor use
donation as a device for obtaining competitive advantage
except worthy civic/religious projects.
❑ Shall not seek commissions already known to him as
previously endowed to another Architect.
❑ Shall not, enter as a competitor in any Architectural
Competition when he has direct relations with the
formulation of the Program thereof or when he has been
engaged to act as Professional Adviser or Juror for such
competition.
❑ Shall not undertake a commission for which he knows
another Architect has been previously employed until he
has notified such other Architect

❑ Shall not undertake a commission for additions,


rehabilitation or remodeling of any erected structure
undertaken previously by another Architect without duly
notifying him.
❑ Shall not knowingly injure falsely or maliciously, the
professional reputation, prospects or practice of another
Architect.
❑ Shall refrain from associating himself with or allowing the use
of his name by any enterprise of doubtful character or
integrity.
❑ Shall not affix his signature and seal to any plans or
professional documents prepared by other persons or
entities .
❑ Shall inspire the loyalty of his employees and subordinates
by providing them with suitable working conditions, requiring
them to render competent/efficient services and paying
adequate compensation

❑ Shall unselfishly give his share in the


interchange of technical information and
experience among his colleagues and young
aspirants

❑ shall unselfishly give his time and effort to the


advancement of the profession through his
active and personal commitment/
involvement with the accredited professional
organization
Done in the City of Manila, this 26th day of January 1995.

JOSE MACARIO B. DE LEON, Chairman

EDILBERTO F. FLORENTINO, Member


JOSEFINA M RAMOS, Member

Attested to:
CARLOS G. ALMELOR Secretary, Regulatory Boards

Approved:
HERMOGENES P. POBRE Commission Chairman

MARIANO A. MENDIETA ARMANDO C. PASCUAL Associate


Commissioner Associate Commissioner



ARCHITECT'S GUIDELINES - RULE II

❑Percentage-Based Fee
❑Lump Sum or Fixed Fee
❑Time Basis
❑Multiple of Direct Personnel Expenses
❑Per Diem, Honorarium plus
Reimbursable Expenses
❑Per Diem or Hourly Basis
ARCHITECT'S GUIDELINES - RULE II


❑ PPCC (Probable Project Construction Cost)

❑ APCC (Awarded Project Construction Cost)


❑ FPCC (Final Project Construction Cost)



ARCHITECT'S GUIDELINES - RULE II

❑ DAEDS (Detailed Architectural & Engineering


Design Services)

❑ DADS (Detailed Architectural Design Services)



ARCHITECT'S GUIDELINES - RULE II


❑ PPCC (Probable Project Construction Cost)

❑ APCC (Awarded Project Construction Cost)


❑ FPCC (Final Project Construction Cost)



ARCHITECT'S GUIDELINES - RULE II


❑ may be used when the scope of services required can
be clearly and fully defined at the outset of the project
❑ lt is then very important that the Client and the
Architect agree on the details of the scope of the
project
❑ Two Types:


ARCHITECT'S GUIDELINES - RULE II


❑ Charged on an agreed-to hourly (man-hours) or daily
(per diem) or per month rate.
❑ Time-based fees are typically used for the following:






ARCHITECT'S GUIDELINES - RULE II


❑ 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.
❑ Direct cost = An + Cn + Tn
❑ Fee = Direct Cost x M
❑ Total Cost of Service charged to Client =Fee + R


❑ May request an Architect to do work which will require
his personal time.

❑ Furnished by Professional Consulting Architect (PCA)
.


ARCHITECT'S GUIDELINES - RULE III | SPP Doc. 201


❑ After the initial meeting / conversation /
codependence w/ the client, the Architect must
submit his proposal for pre-design services.
▪ Scope of Work
▪ Manner of Payment
▪ Owner’s Responsibility
▪ Other Conditions of Services

❑ The Architect should request for a five percent (5%)


acceptance fee based on agreed professional fee
(PF) upon signing of the agreement.

❑ Client shall make progress payments upon request of


the Architect within seven (7) calendar days from the
submission of the statement of the account.
ARCHITECT'S GUIDELINES - RULE III | SPP Doc. 202


❑ Professional architectural work is classified in
accordance with the degree of complexity and the
creative skill required to meet the requirements of the
Client:
❑ Group 1 - Buildings of the simplest utilization and
character
▪ Armories ▪ Packaging & Processing
▪ Bakeries Plants
▪ Habitable Agricultural ▪ Parking Structures
bldg. ▪ Printing Plants
▪ Industrial Bldg. ▪ Service Garage
▪ Manufacturing/ ▪ Simple Loft-Type
Industrial Plants Buildings
▪ Other Similar
Warehouses/ Utilization
type bldgs.
ARCHITECT'S GUIDELINES - RULE III | SPP Doc. 202
❑ Group 1 - Buildings of the simplest utilization and character
ARCHITECT'S GUIDELINES - RULE III | SPP Doc. 202
❑ Group 2 - Buildings of moderate complexity
ARCHITECT'S GUIDELINES - RULE III | SPP Doc. 202
❑ Group 3 - Buildings of exceptional character and complexity
ARCHITECT'S GUIDELINES - RULE III | SPP Doc. 202
❑ Group 4 - Residences (single-detached, single-attached or duplex,
row-houses or shophouses), small apartment houses and
townhouses

❑ Group 5 - Monumental buildings and other facilities requiring


consummate design skill and much precise detailing.
ARCHITECT'S GUIDELINES - RULE III | SPP Doc. 202
❑ Group 6 - When plan/design/related Contract Documents are re-
used for the repetitive construction of similar buildings without
amending the drawing and the specifications.
ARCHITECT'S GUIDELINES - RULE III | SPP Doc. 202
❑ Group 7 - When the Architect is engaged to undertake a 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.
ARCHITECT'S GUIDELINES - RULE III | SPP Doc. 202
❑ Group 8 - Projects involving extensive detail such as designs for
built-in components or elements
▪ Fee(RPF) = 15% of the PCC

❑ Group 9 - For alterations, renovations, rehabilitations, retrofit and


expansion/additions to existing buildings belonging to
Groups 1 to 5
▪ should be increased to (50%) or a total of (150%) of the RPF.

❑ Group 10 - engaged to render opinion or give advice, clarifications


or explanation on technical matters
▪ RPF shall not be less than (Pl,000.00) per hour subject to
increase depending on the extent and coverage of service
▪ Architect's fee shall not be less than (P5,000.00) per
appearance
ARCHITECT'S GUIDELINES - RULE III | SPP Doc. 202


❑ Signing of Service Agreement → 5% PF

❑ Schematic Design Phase → 15% PF|20% Collected


→ Consists of the Preparation of Schematic Design Studies
leading to Conceptual Plans.
→ Submits SPPCC to Owner.

❑ Design Development Phase → 20% PF|40% Collected


→ Approved Schematic & Conceptual Plans.
→ Submits Updated SPPCC to Owner.

❑ Contract Document Phase → 50% PF|90% Collected


→ Approved Design Development Document.
→ Submits to owner 7 sets of all Construction Drawings
→ Prepares a Complete Contract Documents.
ARCHITECT'S GUIDELINES - RULE III | SPP Doc. 202


❑ Bidding or Negotiation Phase → 90% PF|90% Collected
→ 15 days after the award to the winning bidder.
→ upon the winning Bid Price.

❑ Construction Phase → 10% PF|100% Collected


BY PHASE .
→ Professional Fee is broken down as follows:
→ (5%) percent for Architect's Liability
→ (5%) percent for the Periodic Construction
Supervision (PCS)
→ Prepares Change Orders.
ARCHITECT'S GUIDELINES - RULE III | SPP Doc. 202


ARCHITECT'S GUIDELINES - RULE III | SPP Doc. 203

❑ Architectural interior (Al)
❑ Acoustic Design
Recommended
Professional Fee (RPF) is
❑ Architectural Lighting 10% to 15% of the cost of
Layout and Design work depending on the
complexity of the work
❑ Site Development Planning


30%

50%

50%
ARCHITECT'S GUIDELINES - RULE III | SPP Doc. 203

❑ Physical Planning for The Recommended
Professional Fee (RPF) is
building sites
P50,000.00 per hectare for
the first five (5 has.) hectares
■ net to the architect
ARCHITECT'S GUIDELINES - RULE III | SPP Doc. 203

❑ Physical Planning for The Recommended
Professional Fee (RPF) is
building sites
P50,000.00 per hectare for
the first five (5 has.) hectares
net to the architect

30%
(FRDP)
30%
(CMDP)
20%
(PMDP)
20%
(DMDP)
ARCHITECT'S GUIDELINES - RULE III | SPP Doc. 204

❑ → in a better Position to Interpret
his Drawings & Documents and to assure conformity
by the Contractor.
❑ → Normally
recommended by the Arch. Based on their
Performances.
→ To Supervised on Construction
❑ → Construction Inspector who assist
the Architect.


❑ → Directly &
Professionally Liable/ Responsible for the Construction
Supervision of the Project.
❑ → Member of Staff of owner;
Firm Hired by the Owner to manage the Construction
of Particular Project
❑ Arch. Can serve as Construction Manager
ARCHITECT'S GUIDELINES - RULE III | SPP Doc. 204







ARCHITECT'S GUIDELINES - RULE III | SPP Doc. 204

❑ Services of the Architect as Construction


Manager can be compensated by a
Recommended Professional Fee (RPF) of
1.5~3% of the Project Construction Cost (PCC).

❑ Recommended Professional Fee (RPF)


for Project Manager is
2~5% of Project Construction Cost (PCC).
ARCHITECT'S GUIDELINES - RULE III | SPP Doc. 205


❑ Working in a dual capacity as Architect-of-record
and as Consulting Architect.
❑ Working as Consulting Architect only.

■ →
❑ Recommended Professional Fee (RPF) based on
value-pricing is from 4% to 6% of gross rental.
▪ This incentive-type of management fee will ensure
more efficient and economical operation and
maximize building revenues.
ARCHITECT'S GUIDELINES - RULE III | SPP Doc. 206


❑ Architect enters into a contract with the Owner to
perform comprehensive architectural services.
❑ He assumes the role of the Project Manager or Project
Development Manager or overall coordinator.
❑ He may expand his staff by hiring the experts needed
or form a professional team:

❖ Architect ❖ Sociologists
❖ Engineers ❖ Planners
❖ Market Analyst ❖ Bankers
❖ Accountants ❖ Lawyers
❖ Gen. Contractors
❖ Real Estate
Consultants
ARCHITECT'S GUIDELINES - RULE III | SPP Doc. 206


❑ Percentage of Project ❑ Professional Fee plus
Construction Cost Expenses
❑ Multiple of Direct ❑ Lump Sum or Fixed Fee
Personnel Expense


❑ Recommended Professional Fee (RPF) for Project
Manager is 2% to 5% of Project Construction Cost
(PCC).
❑ lf the Architect as Project Manager performs
Regular Design Services for the same project, he is
compensated separately for these services as
stipulated in SPP DOC. 202.
ARCHITECT'S GUIDELINES - RULE III | SPP Doc. 207


❑ Design-Build Services by Administration
❑ Design-Build Services on a
Guaranteed Maximum Cost

❑ Architect may be involved in construction, including
that of his/her own design by adopting:
❑ Architect is part of or a member of the entity
constructing his/her design
❑ Works in tandem with or has authorized an entity to
construct his/her design.
❑ Architect is himself/herself a State-licensed contractor
ARCHITECT'S GUIDELINES - RULE III | SPP Doc. 207

❑ RPF for an Architect doing Design-Build Services by


Administration shall be 7% of the Project
Construction Cost (PCC), exclusive of the
Architect's Fee for the Regular Design Services.

❑ RPF for an Architect doing Design-Build Services


on a Guaranteed Maximum Cost shall be 10% of
the Project Construction Cost (PCC)
ARCHITECT'S GUIDELINES - RULE III | SPP Doc. 207


❑ The Architect may bill and be paid for the progress
payments during construction proportional to the
percentage of progress of completion of the construction
work.
❑ Should the work be not completed, the pro-rated RPF
component shall be paid to the Architect by the Client.
❑ The Client directly pays all costs for labor and materials.
❑ The Architect does not advance any money for payment of
expenditures connected with the work. A Revolving Fund is
given to the Architect beforehand.
❑ The Owner/ Client shall pay for the cost of all permits,
licenses and other incidentals to the work.
❑ Architect may appoint a construction superintendent,
purchasing agent, timekeeper and property clerk aside from
the usual labor personnel required - subject to the Owner/
Client's approval.
ARCHITECT'S GUIDELINES - RULE III | SPP Doc. 208


❑ Competition Secretariat → body formed by the Owner and
approved by the Professional Advisor & Jury.

❑ Professional Advisor → is an Architect nominated/


appointed and paid by the Owner and approved by the
IAPOA National Board of Directors (NBD) thru its ADC
Committee to organize the ADC on behalf of the Owner.

❑ Technical Advisors → Specialist personnel consulted by


Jurors during the conduct of the ADC to obtain all necessary
relevant information.

❑ Jury → people appointed by the Owner to assess the entries


to the competition.

❑ Competition Budget/Costs → earmarked for the salary of


the Secretariat throughout the duration of the Competition,
(from time it is launched up to end of the Exhibition, Awarding.)
ARCHITECT'S GUIDELINES - RULE III | SPP Doc. 208


❑ For Idea Competition only→ may be possible to remunerate
only the first (1st) prize winner.
❑ Owner undertakes to accept the decisions of Jury and to
pay the prizes allotted within one (1) month of the official
announcement of the ADC results.
❑ Each participant by invitation shall receive an honorarium in
addition to the prizes awarded.
❑ ADC-generated plans/designs may not be used or altered in
any way except by agreement with the author.
❑ The Owner or his agents are not free to pick out portions of
the entries to compose another plan/ design.
❑ lf the winning Competitor is unable to satisfy the Jury of his
ability to carry out the plan/design work, the Jury may
require the winner to collaborate with another Architect of
the winning Competitor's choice
ARCHITECT'S GUIDELINES - RULE III | SPP Doc. 209

❑ means the rendering by a Professional Consulting Architect


(PCA) or by a consulting firm, i.e. a Registered Architectural
Firm (RAF), of independent advice, extension of technical
assistance and services.
❑ Filipino Professional Consulting Architect (FPCA)
❑ Foreign Consultant (FC) or Foreign Architect
ARCHITECT'S GUIDELINES - RULE III | SPP Doc. 209

❑ A Professional Consulting Architect (PCA) may provide


services directly or indirectly to the Client in the manner
prescribed, suggested or promulgated by the
Commission/Board through the IAPOA.
❑ Compensation of a professional consulting Architect (PCA)
may be computed based on one or a combination of the
following methods:

❖ Per Diem or Hourly ❖ Fixed/Lump Sum


Basis payment
❖ Retainer ❖ Percentage of Total
❖ Salary cost times a project cost
multiplier, plus direct
cost or reimbursable
expenses

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