Arch. Arny V. Lana, uap Charter President President / IPP - UAP DUBAI
“ Ignorance of the law excuses no one "
LAWS LA WS AFFECTING THE PRACTICE OF ARCHITECTURE IN THE PHILIPPINES
I. Architecture Architecture Laws RA 9266 - An act providing for a more responsive and comprehensive Regulation Regulation for Registration , licensing and Practice of Architecture, Repealing for for the purpose Republic act No. 545 as amended. Otherwise known as “An act to regulate the practice of Architecture in the Philippines,” and for other purposes (March 15,2004) RA 1581 – 1581 – Architecture Law of of 1956 1956 RA 545 – – Architecture Architecture Law of 1950
II. Regulatory and enforcement Laws RA 8981 - Professional Regulations Regulations Commission Modernization Modernization Act ( Dec. 5, 2000) PD 223 - Creating the Professional Regulation Commission ( June 22,1973) RA 386 - Civil Code of the Philippines ( June 18,1949) EO 546 - Creating a Ministry of Public works and a Ministry of Transportatio Transportations ns and Communications ( July 23,1979) RA 7160 - Local Government Code of the Philippines (1991) RA 876 - The Philippine Arbitration Law ( June 19,1953)
III. Design and Constructions Laws A. On Safety and protection PD 1096 - National building Code of The Philippines ( Feb. 19,1997 / IRR Latest Revision ( April 30,2005) RA 6541 - National Building Code of 1972 ( Aug. 26,1972) RA 1185 - Fire Code of the Philippines (1977) RA 9263 - Bureau of Fire Protection and Bureau of Jail Management and Penology Professionalization Act. ( March 10,2004) BP 344 - Enhancing The Mobility of Disabled Persons ( Feb.25,1983 / IRR Latest Revision April 30,2005.
B. On Housing and funding PD 957 RA 6552 RA 4726 BP 220 RA 8763 EO 538
- Condominium and Subdivision Buyers protective Decree ( July 12,1976) - Real Estate Buyers Protective Act ( June 18,1966) - The Condominium Act ( June 18, 1966) - Standards For Economic and Socialized Housing Projects (March 25,1982) - Home Guarantee Corporation Act ( March 7, 2000) - Prescribing the Administration of the Home Development Mutual funds ( June 4,1979) EO90 - Creating the Housing and Urban Development Coordinating Council ( Dec. 17,1986) RA3469 - Allowing The Constructions of Multi-storey Tenement Housing Projects for the poor and Homeless (June 16,1962)
C. On Water and Plumbing RA 1378 - National Plumbing Code of The Philippines ( Jan. 28,1959) / Latest Rev. Dec. 21,1999. RA 6234 - Creating Metropolitan Waterworks and Sewerage System ( June. 19,1971) RA 9286 - Latest Amendment to PD 198 or Provincial Water utilities Act of 1973 (April 2,2004) PD 1067 - Water Code of The Philippines ( 1977) Professionalization Act. ( March 10,2004) BP 344 - Enhancing The Mobility of Disabled Persons ( Feb.25,1983 / IRR Latest Revision April 30,2005.
D. On Environment Protection RA 9003 RA 3931 PD 1586 PD 1152 PD 984 PD 772
- Ecological waste management Program law ( Jan 26,2001) - National Water and Air Pollution Control Commission ( June 18,1964) - Establishing Environmental Impact Statement System (1978) - Philippine Environmental Code ( June 6,1977) - Pollution Control Decree ( 1976) - Penalizing Squatting and Other Similar Acts (1975)
E. Government Service and ethics Laws RA 8293 RA 3019 RA 8974 RA 8439
RA 6713 EO 525
- Intellectual Property of The Philippines ( June. 22,1997) / Jan.1,1998 - Anti-Graft and Corrupt Practices Act ( 1961) - Law on Acquisition of Right – of – way, site or Location for National Government Infrastructure Projects ( Nov. 7,2000) - Magna Carta For Scientists, Engineers, and researchers in the Government. ( Dec. 22,1977) - Code of Ethical Conduct of a Public Official and Employees (1972) - Responsibility of the Public Estate Authority on Reclamation Projects ( Feb. 14,1979)
SHELTER HOUSING AGENCIES I. KEY HOUSING AUTHORITY NHA ( NATIONAL HOUSING AUTHORITY) - Sole government Agency engaged in Direct shelter Production. Subdivision & Residential Condominium. HLURB (HOUSING & LAND USED REGULATORY BOARD) – Regulatory Board for Human Settlement. HIGC ( Home Insurance & Guarantee Corporation) – Assist private developers to undertake low & middle income mass housing production.
II. SUPPORT AGENCY HDMF ( Home Development Mutual Fund ) - Administer PAG-IBIG, administer contributions collected from Government agencies. SSS ( Social Security System ) – Primary provider funds for long terms housing mortgages for low and middle income earners of private sectors. GSIS ( Government Insurance System ) – Shall be the primary provider of funds for low-term housing mortgages for low and middle income Government employees. NHC ( National Housing Corporation) – Mass producing building materials. HUDCC ( Housing & Urban Dev. Coordinating Council ) – Supervise Government Housing Agencies. – Admin & enforcement: DPWH & Local Building Official HSRC (Human Settlement Regulatory Commission) – Zoning and land used .
A. ADMINISTERING THE REGULAR SERVICES OF ARCHITECTURE 1. Definitions of the Architects role in the Building Industry. 2. Liabilities and Responsibilities 3. Methods of Selecting the Architects 4. The Architectural Projects 5. The Professional Fees 6. The Inter- Professional relationships
B. THE SPECTRUM OF THE ARCHITECT’S SERVICES 1.The Pre-Design Services - PDS 2.The Regular Design Services - DS 3.Specialized Allied Services - SAS 4.Constructions Services - CS 5.Post-Construction Services - PCS 6.Comprehensive Architectural Services - CAS 7.Design Built Services – DBS
ARCHITECT – Professionally and academically qualified to practice architecture
TITLES OF THE ARCHITECTS EXECUTIVE ARCHITECT - This is the title for The Architect when he assumes the duties and responsibilities upon the attendant to his regular services. SUPERVISING ARCHITECT – Is one who acts as a coordinator of the work of several Architects are employed in executive capacities by the same client for the same projects. CONSULTING ARCHITECT – This is the Title for the Architect which he supplement the work of the executive and or supervisory architect in an Advisory capacity. This Office occurs when the projects requires the services of an expert who is considered to have specialized knowledge or experience of the special problems of the project. ASSOCIATED ARCHITECTS – This is the customary designation when two or more Architects are engaged in the same project, working on a collaborative basis as one office unit for the duration of the specific project.
ARCHITECT’S ADSTRACT WORLD 1. Concept 2. Document : reports, pictures, graphics and drawing. 3. Implement / execution 4. Post implementation
ARCHITECT’S PHYSICL WORLD 5 M’s resource in Construction 1. materials 2. money 3. manpower 4. machines 5. minutes
THE ARCHITECT’S CODE OF ETHICS I shall work with this general objective – that my duty is not only to myself, but also to my Country and God. I shall uphold the ideas and follow the norms of conduct of a noble profession and endlessly endeavor to further its just ends. I shall humbly seek success not through the measure of solicited personal publicity, but by industrious application to may work, strive to merit a reputation for quality of services and for fair dealing. I shall ask from all, remuneration for my services while expecting and asking no profits from any other source. I shall hold the interest of my Client over and above any self-interest for financial returns. I shall exercise my professional prerogatives always with impartiality and disinterestedness. I shall avoid any private business investments or venture which may ten to influence my professional judgment to the detriment of the trust placed upon me. I shall inspire by my behavior the loyalty of my associates and subordinates and take upon me the mentorship of the aspirants to the profession. I shall confine my criticisms and praises within constructive and inspirational limits and never resort to these means to further malicious motives. I shall dedicate myself to the pursuit of creative endeavor towards the goal of enlightened Art and Science generously sharing with colleagues, friends and strangers alike the benefits of my experience and experiments.
CODE OF ETHICAL CONDUCT The profession of Architecture calls for men of the highest integrity, judgment, business capacity and artistic and technical ability. An Architect’s honesty of purpose must be above suspicion; he acts as professional adviser to his client and his advice must be unprejudiced; he is charged with the exercise of judicial functions as between client and contractor and must act with entire impartiality; he has moral responsibilities to his professional associates and subordinates; and he is engaged in a profession which carries with it grave responsibilities to the public. These duties and responsibilities cannot be properly discharged unless his motives, conduct, sense of moral values and ability are such as to command respect and confidence.
In order to promote the highest standards of ethical conduct in the practice of Architecture, the United Architects of the Philippines ; with the approval of the Board of Architecture and the Professional Regulation Commission, has codified and formulated at the following principles for adoption and compliance of the Architect.
THE ARCHITECT’S RESPONSIBILITIES IN RELATION TO THE PEOPLE
1 S TATEME NT : The Architect is engaged in a profession which carries with it civic responsibilities towards the public, whether such responsibilities are the natural outcome of good citizenship or of his professional pursuit or whether they partake of informative and educational matters or of his normal, good public relations.
THE ARCHITECT’S RESPONSIBILITIES IN RELATION TO HIS CLIENT
2 S TATE ME NT : The Architect’s relation to his Client is depended upon good faith. To insure the continued existence of such state of good relationship, the Architect’s position carries with it certain moral obligations to his Client and to himself. 2-a The Architect may introduce to a prospective Client the professional services he is able to perform provided it is limited to presentation of examples of his professional experience
THE ARCHITECT’S RESPONSIBILITIES IN RELATION TO THE CONTRACTOR 3 S TATE ME NT : The Contractor depends upon the Architect to safeguard fairly his interests as well as those of the Client. 3-a The Architect shall give the Contractor every reasonable aid to enable him to fully understand the contents of the Contract Documents by furnishing clear, definite and consistent information in all pertinent contract documents to avoid unnecessary mistakes that may involve extra costs to the Contractor.
THE ARCHITECT’S RESPONSIBILITIES IN RELATION TO MANUFACTURERS, DEALERS, AND AGENTS 4 S TATEME NT : An exchange of technical information between Architects and those who supply and handle building materials or equipment is necessary and therefore encouraged and commended. However; 4-a The Architect shall not avail or make use of engineering or other technical services offered by manufacturers, or suppliers of building materials or equipment which may be accompanied by an obligation detrimental to the best interest of the Client or which may adversely affect the Architect’s professional opinion.
THE ARCHITECT’S RESPONSIBILITIES IN RELATION TO HIS COLLEAGUES AND SUBORDINATES 5 S TATE ME NT : The Architect has a moral responsibility towards his profession, his colleagues and his subordinates. 5-a The Architect shall not render professional services, without compensation except for small civic or charity projects. He shall neither offer nor provide preliminary services on a conditional basis prior to definite agreement with the Client for the commission of the project.
THE ARCHITECT’S SERVICES
201 PRE-DESIGN SERVICES: • • • • • • •
None creative projects / Payments made MDPE
Economic Feasibility Studies Project Financing Architectural Programming Site Selection and Analysis Site Utilization and Land-Use Studies Space Management Studies Promotional Services
202 DESIGN SERVICES : Regular sequential process Payments MBF : Project Construction Cost •Schematic Design Phase – Integrated Engineering services •Design Development Phase •Contract Document Phase General Conditions Agreement Specifications Special Provision Drawings •Construction Phase Milestone of Constructions ( Project Scheduling ) •References 1.Horizontal References 2.Vertical References
ARCHITECT’S FEE : ARCH,L PROJECTS Group 1 SIMPLE Projects ( no partition ) …………………… 6% Group 2 MODERATE Structures ( have interior partitions) … 7% Group 3 EXEPTIONAL Structures (requires consultant ) ….. 8% Group 4 RESIDENTIAL ……………………………………………10% Group 5 MONUMENTAL …………………………………………..12% Group 6 REPETITIVE ………………………………. 80% 60% 40% Group 7 HOUSING ………………………………………… 60% 30% Group 8 EXTENSIVE DETAILING ……………………………… 15% Group 9 ALTERATIONS / RENOVATION ………………………150% Group 10 CONSULTATION ARBRITATION …………….. P200/ 500
PAYMENT SCHEDULES a. Upon Signing of agreement 5% b. Schematic Design Phase 15% c. Design Development Phase 35% d. Contract Documents 85% e. Retention Fee -15% ( Architects Liability – 10% / Supervision -5%)
203 SPECIALIZED ALLIED SERVICES 1.Physical Planning 2.Interior Design 12% - 20% ( with consultant 5% ) 3.Landscaping 10% - 15% ( with consultant 5% ) 4.Acoustics, Communication & Electronic Engineering 10% - 15% (with consultant 5%) 5.Comprehensive Planning Physical , Economic, Socio-Cultural, Transport , Legal & Administrative
204 CONSTRUCTION SERVICES ( FULL TIME SUPERVISION ) Payment : Percentage Method 1 – 1 ½% CM PM -
Percentage Method 1 - 1 1/2% Percentage Method 2 - 5%
205 POST CONSTRUCTION SERVICES BUILDING & EQUIPMENT MAINTENANCE BUILDING & GROUNDS ADMINISTRATION ( RENT ) Monitoring of Security and Janitorial services Update of local ordinances and building regulations
POST-CONSTRUCTION EVALUATION Evaluate use of Facility Determine effectiveness of building systems and materials Functionality of the building plans Study of functionality and effectiveness of the design Payment : salary method / Percentage method 4 – 6 % of gross rental
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206 COMPREHENSIVE ARCHITECTURAL SERVICES All services (UAP DOC 201-205 ) Equivalent to Project Manager COMPENSATION ( Payment) Percentage Method Combination
207 DESIGN-BUILT SERVICES BY ADMINISTRATION • Project constructed under the direct and sole responsibility of the Architect • 7% Fee as Compensation separate Architects Fee for regular design services ON A GUARANTEED MAXIMUM COST • Client given a guaranteed maximum cost for the construction of the project • 10% Fee as Compensation separate Architects Fee for regular design services • Handling projects at the shortest time, at lowest cost with quality and performance
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208-a SELECTION OF THE ARCHITECT • •
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DIRECT SELECTION Clients Personal selection of architect COMPARATIVE SELECTION Clients choose between other architects for the best suited for the project DESIGN COMPETITION For monumental, civic, and prestigious private building projects
208-b METHODS OF COMPENSATION 1. Percentage of Construction 2. Multiple of Direct Personnel Expenses 3. Professional Fee plus Expenses 4. Lump Sum or Fixed Fee 5. Per Diem Reimbursable Expense 6. Mixed Method of Compensation
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SPECIFICATION
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SPECIFICATION: PURPOSE & IMPORTANCE OF SPECIFICATIONS •Specification is defined as a written document describing in detail the scope of work, materials to be used, methods of installation, and quality of workmanship for a parcel of work to be placed under contract. •It provides information for proper construction or material and equipment which cannot be placed in drawings. •It segregates the information shown on the drawings into various sections. •It instruct the different material suppliers of the extent of their work •It constitutes one of the contract documents together with the drawings and the agreement of contract between the owner and the contractor. In court it is more important than the drawings. •The contractor can then get his subcontracts on the basis of the s pecification breakdown of sections. QUALIFICATION OF SPECIFICATION WRITER • A professional specification writer maintains a good library of technical documents, an extensive collection of manufacturer literature and catalogs and is knowledgeable in various codes used in his area. •The following qualifications are necessary for an effective specification writer: 1.A degree in the required discipline and eventual professional registration 2.A good basic skill in drafting and detailing 3.A thorough knowledge of construction gained by extensive field inspection 4.The ability to write in a proper and concise manner 5.An orderly mind 6.The ability to get along with fellow workers
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SPECIFICATION: PURPOSE & IMPORTANCE OF SPECIFICATIONS •Specification is defined as a written document describing in detail the scope of work, materials to be used, methods of installation, and quality of workmanship for a parcel of work to be placed under contract. •It provides information for proper construction or material and equipment which cannot be placed in drawings. •It segregates the information shown on the drawings into various sections. •It instruct the different material suppliers of the extent of their work •It constitutes one of the contract documents together with the drawings and the agreement of contract between the owner and the contractor. In court it i s more important than the drawings. •The contractor can then get his subcontracts on the basis of the specification breakdown of sections. QUALIFICATION OF SPECIFICATION WRITER • A professional specification writer maintains a good library of technical documents, an extensive collection of manufacturer literature and catalogs and is knowledgeable in various codes used in his area. •The following qualifications are necessary for an effective specification writer: 1.A degree in the required discipline and eventual professional registration 2.A good basic skill in drafting and detailing 3.A thorough knowledge of construction gained by extensive field inspection 4.The ability to write in a proper and concise manner 5.An orderly mind 6.The ability to get along with fellow workers
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TYPES OF SPECIFICATIONS
1. P erformance S pecifications - the result of the product, rather than the product itself are specified
2. Des criptive Specifications - gives a description of the product
3. B rand Name S pecification - the desired product is specified by the name given and model number “or an equal approved by the architect”
4. Clos ed S pecification -there are two types of closed specifications, the single product and the multi product. Closed specifications are usually brand name specifications. The multi product is the same as a single product except that more than one product is used. “no other brand will be accepted”
5. Open S pecifications - open because all manufacturers whose product meet performance or description specified may bid. All performance and descriptive specifications are open. Brand name specifications are open if the phrase “or equal”
6. R eference S pecification - the item desired is referred to by a number corresponding to a number published in a specification.
7. Combination Specification -it is possible to have combinations of performance, description and reference specification.
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THE 16 DIVISION UNIFORM CONSTRUCTION INDEX Division 1- General Requirement Division 2- Site Work Division 3- Concrete Division 4- Masonry Division 5- Metals Division 6- Wood & Plastics Division 7- Thermal & Moisture Protection Division 8- Doors And Windows Division 9- Finishes Division 10- Specialties Division 11- Equipment Division 12- Furnishings Division 13- Special Construction Division 14- Conveying System Division 15- Mechanical Division 16- Electrical The use of a standard format for construction specifications is important for the following reasons: The use of the same procedure lessens the chance of omission or duplication of items. It facilitates the location of items in the same place in each section after the users become familiar with the format. Its outline can serve as a checklist during the design development stage.
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THE 3 PART SECTION FORMAT Each of the 16 divisions of the Uniform Construction Index is further divided into sections in the specifications, 3 Part Section Format. The specifier must discipline himself to ask three fundamental questions about the product: •What is the product? •How it is incorporated into the work •What interrelationships have existed, do exist, or will exist for the product with the remainder of the product or with any portion of the project. The 3 basic parts of the section format are:
Part 1- G eneral This part covers general areas concerned which precede and follow the work, and which define the scope of work
Part 2- Products This part defines in detail the materials, equipment, systems, fi xtures, etc which will be incorporated into the work
Part 3- E xecution It describes in detail the manner in which items covered by part 2 are to be incorporated into the work.
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ELEMENTS OF SPECIFICATIONS COMPOSITION Drawing in general shall show : • Architectural and engineering design •Plans, elevations, details and all essential dimensions
•Designation of each portion by the title or symbol, to allow reference to it •The extent of the various material by symbols and otherwise •Notes giving the basic design data, assumed loads, allowable stresses, desi gn references and requirements •Limit of work Specification shall give all necessary information governing : •Materials and workmanship •Inspection and tests •Supplementary contractual requirements •Necessary information which is not supplied by the drawings
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UAP DOCUMENT 301 : GENERAL CONDITION
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SECTION 1: DEFINITIONS •CONTRACT DOCUMENTS – consists of the following: Agreement General conditions Special provisions Specifications Drawings
•OWNER – person ordering the project for execution •ARCHITECT – commissioned by the owner •ENGINEER – person so named in the contract document •PROJECT REPRESENTATIVE – full time construction inspector hired by owner assisting in the supervision of the work. •CONTRACTOR – person or firm whose proposal has been accepted & contract awarded
•SUB-CONTRACTOR – having direct contact with contractor, acts in behalf of the contractor in executing any part of the contract
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•SURETY – person, firm, or corporation providing guarantee for contractor’s bonds •PROPOSAL – offer of a bidder •PROPOSAL BOND – cashier’s check or surety bond with the proposal submitted by the bidder to guarantee that the bidder will enter into the contract. •PERFORMANCE BOND – (15%) approved form of security furnished by the contractor as a guarantee to execute work in accordance with terms of the contract. •PAYMENT BOND – (15%) approved form of security furnished by the contractor as guarantee to pay all obligations arising from the contract •GUARANTEE BOND – (15%) approved form of security furnished by the contractor to guarantee to the quality of materials and workmanship performed. •AGREEMENT – contract between owner and contractor undertaking the project •ADVERTISEMENT/ INVITATION TO BID – notice or invitation issued to bidders giving information of the magnitude and extent of the project, nature, etc. •BID BULLETIN – additional information on contract documents
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•INSTRUCTION TO BIDDERS – list of instructions on preparation & conditions for award of contract •DRAWINGS – graphical representation of work •GENERAL CONDITIONS – printed documents stipulating procedural and administrative aspects of the contract •SPECIAL PROVISIONS – instructions that supplement or modify drawings, specs, & general conditions of the contract. • SPECIFICATIONS – written or printed description of work describing qualities of m aterials and mode of construction •SUPPLEMENTARY SPECS – add’l info issued as an addition or amendment to provisions of specs. •SCHEDULE OF MATERIALS AND FINISHES – outline specs enumerating type and trade names of materials used •BREAKDOWN OF WORK AND CORRESPONDING VALUES – list of work and c orresponding value in materials & labor including profit and overhead allowance. •WRITTEN NOTICE – info, advice or notification pertinent to the project •ACT OF GOD/ FORCE M AJEURE – catastrophes, phenomena of nature, misfortunes and accidents which human prudence cannot foresee or prevent. •TIME LIMITS – duration of time allowed by the contract for project com pletion •LOCAL LAWS – laws, ordinances, and government regulations applicable to the project •WORK – includes labor and materials, equipment, transportation, faculties necessary for completion of the project •FURNISH - “purchase and/or fabricate and deliver to the jobsite” •INSTALL – build in, mount in positions, connect or apply •PROVIDE – “furnish and install”
