ARCHITECTURAL. PRACTICE & CONSTRUCTION MANAGEMENT • THE NEW LADDER TYPE CURRICULUM
GEORGE SALINDA SALVAN ... fuap • ASSISTANT PROFESSOR • • • • • • •
CoUege of Engineering and Architecture Baguio Colleges Foundation 1980-1988 First and lone graduate of B.S. Architecture, 1963 North of Manila, St. Louis University Baguio City Former instructor 1965-1969 at St. Louis University Recipient of various ACE certificates, Architects Continl'ir · Education Program A licensed Architect, active practitioner and a licensed building constructor, inventor and a board topnotcher. Past president of United Architects Phils. Baguio Chapter 1982 and 1983 Elected National Director; UAP, Regional District' for the year 1987. Conferred the title of "FELLOW" United Architects Phils. College of Fellows, October, 1988
JMC PRESS, INC. 388 Quezon Avenue, Quezon City
Copyright.© 1986 bv: JMC PRESS, INC . .
and GEORGEs·. SALVAN All rights reserved. No pen of this book may be reproduced in an~ manner without permission of the publish8f.
FIRST EDITION ISBN : . 971 -11-0353-2 Published and Printed by: JMC PRESS, INC. 388 Quezon Avenue, Quezon City
Distributed by: GOODWILL BOOKSTORE Main Office : Rizal Avenue, Manila P. 0. Box 2942, Manila
PREFACE
· A generation ago, the concept of management as a component of professional design practice was virtually unheard of . A building begins as a conception in the mind of its architect. The conception must be elaborated in his drawing office adapted to practical considerations and then conveyed to a number of people who will cooperate in tha erection of the building. This book is intended as a referenc~ for all managers of design practice, whether they be professional architects or engineers who have assumed management roles in their firms. or trained managers who have choeen to apply their skills in design firms. It is also· hoped that it may find its ways into the education of the increasing number of graduates who will be future architects and engineers and who are wisely choosing to add management degrees to that preparation for practice . For the students, this book was prepared and organized to meet the new curriculum and the syllabus prepared by the Ministry of Education. It is divided into three parts. The First part dealing on all 'the laws pertaining t<' labor, civil, bu1ld1ng laws. t~re codes. law on the practice of architecture, the purpose of which is to inculcate upon the student, the legal obliga· tions, duties and responsibilities ot the ArcnJtect. To give the student sutt1C1ent mastery m using the building code, and other laws refated to land development and h•;man settlements. To give the student an understanding of building contracts and duties ot a building inspector. The second part deals with the Administering the regular services of the Architect. Here the student is provided with the basic re(luirements of how the architect can fulfill the role of a responsible professional. He is provided w ith tools in efficient conduct of client relations. The students is also provided w ith the background knowledge in properly administering the product ion of documents for building designs and construction projects.
Part Three is geared towards the comprehensive Services of the architect. The subject matters are arranged to provide the student with further knowledge of the architect's broaqer role in practice. He is given basic skills and techniques in project management. Another purpose is to e(luip the student with basic tools in resource allocation competence in inter-professional coordination necessary for the fulfillment of comprehensive services of the architect. As for students of civil engineering, the third part is greatly recommended as it deals with constructive management, preparing Feasibility Studies, the planning and scheduling of construction work or pert-cpm, the specification writinq and most important of all. the oro· cedure in letting out or joining a Bid in Construction.
ACKNOWLEDGMENTS
This book was finished on time through the very patient and sincere hardworking efforts of the artist and graduate of architecture, BCF, Mr. Jerry Jun Suyat. Special thanks are als·o acknowledged to Clamor Lecitona from NU who laid out the cover design. To Johny Camsol, Fermin D. Balangcod, Roy Pagador, Rey Puno, Jeffrey Behis, Renato Sy from BCF who in some way or the other helped in the preparation of this book. To Mr. Luis V. Canave who patiently guided me on the complete process of publishing and printing of books and to Mr. Francisco C. Malicsi, Teresita G. Espinoza, Eduardo C. Villanueva, in their untiring cooperation in preparing the manuscripts and layouts as typewritten by Thelma T. Villareal in computerized typesetting. My utmost thanks also goes to Architect Raffy Chan for lending his books, and to Mrs. Macabiog our BCF Librarian for her cooperation. And to the many students whose prodding and interest in the publication of this book made it a reality.
v
Dedicated to all future Architects and Engineers The hope for a functional, comfortable and convenient designs for better living~
TABLE OF CONTENTS PART I LEGAL OBLIGATIONS. LAWS, RULES. CODES Chapter
1
PROFESSIONAL REGULATORY LAWS ..... ... .. ... .......... ... ... .. . Republic Act 545, 2 Presidential Decree 223, 15 LOI 1000, 19 Rules and Regulations, 20 Policies and Resolutions, 28 Logbook, 32 Agencies involved in Shelter, 31
Chapter
Chapter
Chapter
2
NATIONAL BUILDING CODE P.O. 1096
3
THE LABOR CODE OF THE PHILIPPINES
4
FIRE CODE OF THE PHILIPPINES
43
Implementing Rules and Regulations, 44 Building Permit Applications, 44 Processing of Applications for Building Permit, 52 Assessment and Collection of Fees, 57 Signs, 61 Arcades and Sidewalks, 69 Abatement/Demolition of buildings, 75 Access Streets/Roads and Alleys, 80 Occupant Loads, 83 Protection and Safety Requirements for Construction and Demolition, 84 Light and Ventiiation, 103 Construction of Building with Zones of Airports, 114 Maximum Heights of Buildings, 118 Parking and Loading Space R'equirements, 121 Guidelines in the design of Public Buildings, 125
127
Conditions of Employment, 128 Implementing Regulations, 131 Night Shift Differential, 133 Weekly Rest Period , 134 Weekly with Pay, 136 Service Incentive Leave, 138 Thirteenth Month Pay, 138 Medicare Law, 142 Social Security Law, 153
Part 1 Part 2 · Rule 1 Rule 2 Rule 3 Div. 3 Div . 4
157
Provisions on Fire Safety Construction, 158 Rules and Regulations implementing the Fire Code, 159 General Provisions, 159. General Precautions against Fire, 160 Fire Safety in Buildings, 161 Classification of Occupancy, 162 Means of Egress, 164
ix
Sec. 3.401 Sec. 3.402 Sec. 3.403 Sec. 3.404 Sec. 3 .406 Sec. 3.407 Sec. 3.408 Sec. 3.409 Sec. 3.410 Sec. 411
Div. 5
Chapter
5
Protective Enclosure of Exits, 164 Doors, 169 Interior Stairs and Smoke-proof Towers, 172 Outside Stairs, 174 Ramps, Exit Passageway, 179 Escalators and Moving Walks, 179 Fire Escape, Stairs, Ladders, 180 Illumination of Means of Engress, 184 Exit Marking, 185 Features of Fire Protection, 186
1n
CIVIL CODE OF THE PHILIPPINES .............. ..... ....... ..... ....... ... . 189 Obligations, 190 Contracts, 194 Liability of the Architect Art. 1723, 203
PART II OFFICE PRACTICE AND RESPONSIBILITIES Chapter
6
THE UNITED ARCHITECT'S OF THE PHILIPPINES
205
Objectives, 207 Types of Membership, 208 Architectural Continuing Education, 211
Chapter
7 8
Chapter
9
Chapter
10
Chapter
Chapter
11
THE ARCHITECTS CODE OF ETHICS
215
SELECTION OF THE ARCHITECT AND METHODS OF COMPENSATION .... ....... ...... .. .. .... ... ... .... .. .. ... ... .. .... ... ... .. .. 221 PROJECT CLASSIFICATION .............. ... ... ... .. ... .. ... ......... ........ . 231 SPECTRUM OF THE ARCHITECT' S SERVICES Pre-Design Services, 238 Regular Design Services, 240 Owner's Responsibilities, 242 Conditions on Services, 242 Specialized Allied Services, 245
ORGANIZING THE ARCHITECT'S OFFICE .. .. ... . ... .. .. ... .. .. .. .. .. .. 253 Office Organization, 2.54 Office Location, 258 Office Personnel, 264 Consultants, 271 References and Samples, 275 Finances and Insurance, 279 Public Relations, 291 Business Aspects of Professionals Practice, 296
Chapter
12
MARKETING ARCHITECTURAL SERVICES ... ..... ... ........... ..... ... 301 Market Research, 304
X
List Building, 305 Bird-dogging, 305 Strategy Research, 306 Courting, 308 Paperwork, 310 Interviews, 316 Closing, 321
Chapter
13
OWNER AND ARCHITECT CONTRACT FORM ..................... 323
PART Ill CONSTRUCTION MANAGEMENT Chapter
14
FULL TIME SUPERVISION .................................................... .$31
Construction Management . . . . . . . . . .. ... .... ...... ........... ................. 337 Chapter
15
COMPREHENSIVE ARCHITECTURAL SERVICES . . . . . .. . . ... . . . . . . 341
Project Management . ... ... ........... ....................................... 343 Chapter
16
POST-CONSTRUCTION SERVICES ............ ............... ... . . ..... ..
349
Building Equipment Maintenance, 350 Building and Grounds Administration, 350 Post Construction Evaluation, 350 Technical Functions of Building Admi~istration, 35l
Chapter
17
DESIGN BUILD SERVICES.......... . ................ . .............. ...... By Administration, 356
355
By Guaranteed Maximum Cost, 357
Chapter
18
SELECTION OF THE CONTRACTOR ..................................... 359
Different Types of Contracts .. . .. . .. .. . . .. ... .. .. .. .. .. .. .... ... .. .. ... .. .. 360 Chapter
Chapter
Chapter
19
PRE-BIDDING OF PROJECTS
20
AWARDING THE CONTRACT ................................................ 371
21
GENERAL CONDITIONS OF A CONTRACT .. . .. .. .. .. .. . .. ... . ... .. .. 3n
365
Prequalifying the Bidders, 366 Invitation to Prequalify, 367 · Prequalification Documents, 368 Processing of Prequalification Statements, 369 Notification of Selected Bidders, 369
Invitation to Bid, 372 Proposal Form, 372 Preparation of Bids, Bid Bond, 374 Submission, Opening of Bids, 374 Evaluating of Contracts, 375
Change Orders, 378 Advance Payment, 378 Progress Payment, 378 Retention Money, 378 LiQuidated Damage, 378
xi
Contract Price Escalation, 379 Payments, 380 Format of Application for Payment, 383 Shop Drawings, 391 Permits, Licenses, 391 Construction Stakes, 391 Temporary Structures and Facilities, 391 Laying Out the Work, 393 Inspection of Work, 393 Defective Work, 394 Changes in the Work, 394 Value of Extra Work, 394
Claims for Extra Cost, 394 Cleaning Up, 394 Disputes, 395 Arbitration, 395
Chapter
22
Chapter
23
BUILDING CONTRACT FORM BETWEEN OWNER AND CONTRACTOR ... . .. .. ... .... ... .. ... . .. .. ......... ........ .. .. ... ........... 3fJ7 PLANNING, SCHEDULING,
PROGRAMMtt-~S .
...... ... .. ..... ...... 403
Bar Chart Method, 404 Critical Path Method CPM, 409
Chapter
Chapter
24
FEASIBILITY STUDIES........ .... .. ... ... ..... .. .. .. ........ .. .. ................. . 425
25
SPECIFICATIONS WRITING .. ....... .. .. ........ ......... ..... .. ........... .. . 447
Preliminary Project Study, 426 Subdivision Project Study, 428 Financing Requirements, 443
Three part Section Format, 450 Groupings of Paragraphs, 451 Part 1 General, 451
Part 2 Products, 454 Part 3 Execution, 454 Outline of a Specification, 460
xii
Professional
Regulatory laws REPUBLIC ACT NO. 545 AN ACT TO REGULATE THE PRACTICE OF ARCHITECTURE IN THE PHILIPPINES Be it enacted by the· Senate and House of Representative of the Philippin~s.
ARTICLE 1 . ORGAN,ZATION SECTION 1. Creation and composition of a Board of Examiners for Architects. -Within thirty da~ after the approval of this Act, there shall be created a Board of Examiners for Architects to be composed of a Chairman and two members to be appointed by the Secretary of Public Works and Communications.
SEC. 2 . PoweNJ vested in Board. -
The Soard of Examiners fOf Architects shall administer the provisions of this Act; issue, suspend or revoke certificates of registra· tion for the practice of architecture; and administer oaths in connection with such cer· tificates of registration. In carrying into effect the provisions of this Act, the Board may, under the hand of its Chairman and the seal of the Board, subpoena witnesses. compel their attendance, and require the production of books, documents , and similar evidence in a case involving violation of any of the provisions of this Act. Any member of the Board may ad· minister oaths or affirmations to witnesses appearing before it. If any person shall refuse to obey any subpoena so issued, or shall refuse to testify or produce any book, document, etc., the Board may present its petition to the Court of First Instance, set· ting forth the facts, and thereupon such court shall, in a proper case, issue its subpoena to such person, requiring his appearance before such court and there to testify or produce such books, papers, documents, etc., as may be deemed necessary and pertinent by the Board. Any person failing or refusing to obey the subpoena or order of the said court may be proceeded against in the same manner as for refusal to obey any other subpoena or order of the said court. The Board shall, from time to time, look into conditions affecting the practice of ar· chitecture in the Philippines and, whenever necessary, recommend to the Secretary of Public Works and Communications ttw adoption of such measures as may be deerned proper for the maintenance of good ethics and standards in the practice of architecture in the Philippines and for the protectiOJ1 of public welfare, life, health, and property.
SEC. 3. Quaeiflcations of Board Members. - Each Member of the Board shall, at the time of hls appointment: ( 1) Be a citizen of the Philippines and a resident thereof;
2
(2) Hold the degree of B.S . Arch., B. in Arch ., M . in. Arch., or the equivalent thereof conferred by an Architectural School or college legally chartered and of good standing ; . (3) Be legally quali.fi ed to practice architecture tor at least ten years and actually in active practice .on t he date of his appointment ; (4~ Not be a member of the faculty of any school, college or university where a regular course in .architecture is taught, nor have pecuniary interest in such institution. No former member of the faculty of any school, institute or university where architecture is taught can become a member of the board unless he had stopped teaching f or at IE:!ast three consecut ive years.
SEC. 4 . Terms of Office . - The members of the Board shall hold office f or a t erm of three years after appointm ent or until their successor's shall h~we duly qualified. The members of the Board first appointed under this Act shall hold office for tM following terms: One member for one year; one member for two years; and one m ember for three years. Each member of the Board shall qualify by taking the proper oath prior to entering upon the performance of his duties. SEC. 5. Executive Officer of the Board. - The Commissioner of Civil Service shall be the Executive OHicer of the Board , and shall conduct t he examinations given by t he Board and shall designate any subordinate officer cf the Bureau of Civil Service to act as Secretary of the Board. All records and m inutes of t he Bo ard , includi ng oil examination papers, shall be kept by the Bureau of Civil Service . SEC. 6. Vacancy and Removal of Board Members. - Any vacancy occ uring in the membership of said Board before the ·expiration of the term of office of the member separated therefrom shall be filled for the unexpired term by appointment by the Secretary of Public Works and Communications . The Secretary of Public Works and Communications m ay remove any member of the Board for continued neglect of duty or incompetency , or f or unprofessional or dishonorable conduct, after having given the member concerned an opportunity to d ef end in the proper administrative investigation. SEC. 7. Compensation of Board. ·- The members of the Board shall each receive a compensation the sum of five pesos for each applicant examined or registered. Any Architect in the service of the government of the Republic appointed as m emb·er of the Board shall receive the compensation herein provided, in addition to his salary. All fees shall be received by the disbursing officer of the Bureau of Civil Service, and such officer shall pay all authorized expenditures of the Board, including the compensation provided for by this A ct for members of the Board. SEC. 8. Rules and Regulations. - The Board may, w i1h the approv al of the Secretary of Public Works and Communications, adopt 5uch rules and regulation s, as may be necessary to carry out t he provisions of this A ct into effect. Penal provisions may be included in said regulations, the violation of which shall be punishable by a fine of not less than five hundred pesos nor more than one thousand pesos or by Imprisonment for not less than six months, nor more than one year, or both, in the discretion of the Court. SEC. 9. Annual RepOrt. - The Board shall submit an annual report to the Secretary of Public ·Works and Communications· after the close of each fiscal year giving a detailed account of its proceedings during the year and making such recommendations as it may deem proper.
3
SEC. 1 0. Roster of Architects. - A roster showing the names and places of business of all registered professional architects shall be prepared by the Commissioner of Civil Service during the month of July of every year. commencing one year after the date this Act becomes effective. Copies of this roster shall be mailed to each person so registered and placed on file with the Secretary of Public Works and Communications and, copies thereof shall be furnished to all department heads, to the Collector of Customs. to such other Bureaus or government agencies, to the mayors of all chartered cities, to the Director of Public Works and provincial and municipal authorities as may be deemed necessary and to the ·public upon request.
ARTICLE II.
REGISTRATION AND EXAMINATION
SEC. 11. Certlflcat• of Rttglatratlon. - Whenever the provisions and requirements for registration under the provisions of this Act have been fully complied with and fulfilled by an applicant, the Board shall issue a certificate of registration of said successful applicant as registered architect. Said certificate shall authorize the person to whom it is issued to practice architecture in this country, subject to the provisions of this Act and the Rules and Regulations of the Board. SEC. 12. Registration of Architects Required. - In order to safeguard life, health and property, no person shall practice architecture in this country, or engaged in preparing plans, specifications or preliminary data for the erection or alteration of any building located within the boundaries of this country, except in this last case when he is a duly registered civil engineer, or use the title "Architect", or display or use any title, sign, card, advertisement, or other device to indicate that such person practices or offers to practice architecture, or is an architect, unless such person shall have secured from. the examining body a certificate of registration in. the manner hereinafter provided, and shall thereafter comply with the provisions of the laws of the Philippines governing the registration and licensing of architects. SEC. 14. Definition of Tenna .. a) An architect defined. - An architect is: A person who is technically and legally qualified to practice architecture. b) Who may be known as an architect or practice architecture. - Only those who have qualrtied and received a certificate of registration issued by the Board shall be permitted to practice architecture within the Republic of the Philippines, or to use titfe of Architect" or any words, letters, figures. signs, cards, or other means to indicate that the one using them is an architect, or to advertise or indicate in any manner whatever that they are qualified to perform the work of an architect. cl General practice of architecture. - The practice of architecture is hereby defined to be: The act of planning, architectural and structural designing, specifying, supervising, and giving general administration and responsible direction to the erectjon, enlargement or alterations of buildings and architectural design of engineering structures or any part thereof, the scientific, aesthetic and orderly coordination of all the processes which enter into the production of a complete building or structure performed·through the medium of unbiased preliminary studies of plans, consultations, specifications, conferences, evaluations, investigations, contract documents and oral advice and directions regardless of whether the persons engaged in such practice are residents of the Philippines or have their principal office or place of business in this or another country, and regardless of whether such persons are perform-
4
ing one of all these duties, or whether such duties are performed in person or as the directing head of an office or organization performing them. d) Authorship defined. - The author or authors of a set of plans or specifics· tions are those in responsible charge of their preparation, whether made by them personally or under their immediate supervision. SEC. 16. Archi1ects regfstereG when this taw is passed. - All architects registered at the time this law take effect shall automatically be registered under the provisions thereof, subject, however, to the provisions herein set forth as to future requirements. Certificate of registration held by such persons in good standing shall have the same force and effect as thought issued after the passage of this Act. SEC. 16.
Exemption From Registration
1 . Any person residing in the PhJiippines may make plans and specifications for any of the following: a} Any building in chartered cities or in municipalities with building ordinances, not exceeding the space requirement specified therein, as requiring the services of an architect. · b) Any building enlargement or alteration which is to be used for farm purpose only costing not more than ten thousand pesos. c) Provided, however, That nothing herein contained shall :prevent any person from designing or directing the designing of buildings that are to be constructed for his own personal use or for tnat of his family, unless such buildings are intended for public employment, assembly or other occupancy by the public, in which case an architect shall be employed-for the purpose: And provided, further, that such person does not use the title architect or any title derived therefrom. 2. Nor shall anything in this Act prevent draftsmen, students, clerks-of-work, superintendents and other employees of those lawfully engaged in the practice of architecture under the provisions of this A ct, from acting under the instruction, control or supervision of their employer. 3·. Nor shall anything in this Act prevent pr:of essional civil, mechanical, electrical, min~ng and chemical engineers duty licensed or registered to practice their profession: Provided, however, such persons do not use the designation "Architect" 4. Nor shall anything in this Act prevent persons, who prior to the approval of this Act, have been lawfully engaged in the practice of "Maestro de Obras" to continue as such, provid~d they shall not undertake the making of plans and supervision for the following classes of work: a} b) c) d)
Building of concrete whether reinforced or not. Building of more than two stories. Building with frames of structural steel Building of structures intended for public gathering or assemblies such as theaters, cinematographs, stadta, churches, or the structures of like nature.
5. Officers and enlisted men of the Armed Forces of the United States and the Philippines, and civilian officials and employees of the Government of the United States stationed in the Philippines, while engaged in lhe practice of Architecture for the United States and/or the Philippines . 6. Architects employed by or under contract· with the government as experts, ad-
visers or consultants, shall be given temporary license after submitting the necessary credentials and subject to the approval of the Board , for a period not to exceed six months. subject to renewals for a like period until his contract with the Government expires . Architl;lcts . shall not be allowed , it licensed in such capacity, to dedicate themselves to the private practice of architecture nor charge fees for services rendered except those received from the Government . SEC . 1.7 . Examination Required. - Except as otherwise specifically allowed, all applicants for registration for the practice of architecture shall be required to undergo a technical examination as provided in th1s Act . SEC. 18 . Qualifications of applicants for Examination and for a certificate of registration as architect shall, prior to admission to examination, establish to the satisfaction of the Board: al That he is at least twenty-one years of age; · b) That he is of good reputat ion and moral character;
cl That he has completed the high school course or its equivalent; d) That he is a graduate of a five -year cour se in architecture . or its equivalent of a school. college, academy, or institute duly recognized by the Government and in <1ddition has a specific record of at least two y ears of diversified experience as ar· chitectural draftsman. clerk-of-work, specification writer or .superintendent: Provided, however, that an applicant holding a Master's degree in Architecture from ~ schooL college, university or institute recognized · by the Government or th€: Government or the state in which it is established, shall b e credited one year in his practical experience. SEC. 19 . Fraudu~nt App\\cations.- The Soard may refuse to renew, or may suspend or revoke. any certificate or registration obtained by false swearing or any misrepresentations made in applying for registration or examination and may refuse to renew or grant registration to any applicant whose application contains such fal se eviden<:;e or information. SEC. 20. . Holding of Examination. - Examination for candidates desiring to practice architecture in the Philippines. shall be given twice a year in the City of ~ a nila and other places where conditions may warrant, on the second Mondays, Tuesdays, and Wednesdays of January and July, provided such days do not fall on a holiday, in which case the working day following will be the day of examination. Written or printed notice of such examination shall be mailed to each applicant who has filed his name and address with the Secretary of the Board, at least t hirty days prior to the first day o'f examination SEC. 21. Subjects of Examination. - The subjects in which applicants for architect's certificate shall be examined including their relative weights and subject coverages to take effect starting January, 1 988 as per PAC Circular 85-13. SEC. 22. Report of Ratings. - The Board of E:xaminers for Architect s shall, within one hundred and twenty days after the date of completion of the examination, report the rating obtained by each candidate to the Commissioner of Civil Service, who shall submit such ratings to the Secretary of Public W orks and Communications tor approval. SEC. 23. {)
Reexamination. - An applicant who for the third time fails to pass the examina-
tion for the same grade shall not be allowed to take another until at least one year has · elapsed after his examinati.on.
SEC. 24. Issuance of Certificates. - The Secretary of Public Works and Communica. tions shall, upon recommendation of the board, issue a certificate of registration upon payment of the registration tee as provid ed in this Act to any applicant who, in the opinion of the Board and after approval by the Secretary of Public Works and Communications, has satisfactorily met all the requirements specified in this Act. All certificates of registration shall show the full name of the registrant, shall have a serial number, and shall be siQned by all the members of the Board, the Secretary of Public Works and Communications and the Commissioner of Civil Service . and shall be attested by the official seal of the same Board. The issuance of a certificate of registration by the Board to a registrant shall be evidenced that the person named therein is entitled to all the rights and privileges of a registered architect, while said certificate remains unrevoked and unsuspended.
SEC. 25.
Seal and Use of Seat
1) Each registrant hereunder shall, upon registration, obtain a seal of such design as
the examining body shall authorize and direct. Plans and specifications prepared by, or under the direct supervision of a registered architect shall be stamped with sa·ld seal during the lifP, of the registrant 's certificate, and it shall be unlaw ful for any one to stamp or seal any documents wi1h said seal after the certificate of the registrant named thereon has expired or has been revoked . unless said ce rtificat es shall have been renewed or reissued . 2) No officer or employee of this Republic. chartered cities, provinces and municipalities, now or hereafter charged with the enforcement of laws, ordinances or regulations relating to the construction or alterations of buildings, shall accept or approve any plans or specifications which have not been prepared and suiJmitted in full accords with all the provisions of this Act. Nor shall any payment be approved by any such officer for any work, the plans and specifica-tions for which have not been so prepared and signed and sealed by the author. 3) Signing of plans, specifications and other documents. - It shall be unlawful for any architect to sign his name, affix his seal , or use any other method of signature on plans, specifications or other documents made under anoth"'r architect's supervision, unless the same is made in such manner as to clearly indicate the part or parts of such work actually performed by the former; and it shall be unlawful for any person, except the architect in charge, shall be fully responsible for ali plans, specifications, and other documents issued under his seal or authorized signature. The Board shall make all necessary rules and regulations relating to signing and sealing of drawings, specifications, reports. and other documents registered by architects. 4) Drawings and specifications duly signed, stamped or sealed, as instruments of service, are the property and documents of the architect, whether the object for which they are made is executed or not. It shall be unlawful for any person, without the written consent of the architect or author of said documents, to duplicate or to make copies of said documents for use in the repetit ion of and for other projects or buildings, whether executed partly or in whole.
SEC. 26. fees for Examination and Registration. - For the purpose of defraying the expenses of said Board for carrying out the provisions of this Act, the follow ing fee s shall be paid to t he Secretary of the,Board: a) By an applicant to an examination, forty pesos. b) By an applicant for a Certificate of Registration as a registered architect , ten pesos . cl By an applicant f or reinstatement or restoration of registration that has been volunfarily surrendered, revoked or suspended, or for replacement of lost certificate, ten pesos. All of the above fees shall acco~pany the application . and no part o f said fee shall be refunded.
SEC. 27 . Refusal to issue ceftificate. - The Board ot Exam1ners tor Architects shall refuse to issue or renew a Certifica te of regis tration to any person convicted by a court of competent jurisdiction of any criminal offense involving moral turp1tude or to any person guilty of immoral or dishonorable conduct or to any person of unsound mind. In the event of refusal to issue certificates far any reason, the Board shall give t he applicant a written statement setting forth the reasons for such ac t 1on. which statement shall be incorporated in the record of the Board.
SEC. 28 . Suspension and revocation of Certificates - The Board shall have the power. upon notice and hearing . to suspend and revoke any certificate of registration of any registrant for any cause specified in the preceding section . or for the use of perpetration o f any fr aud o r deceit in obtairing a certificate of registrat ion, or for gross negligence or incompetency or for unprofessional or dishonorable co nduct: Provided, however . that such action of the Board shall be subject to appeal t o the Secretary of Public Works and Communications whose decision shall be fin al. It shall be sufficient ground for the revocation of a certificate issued to a person under this Act for unprofessional o r dishonorable conduct, if: a} He has signed, and affixed or permitted to be signed or affixed h is name or sealon any plans. designs, specifications. drawings, technical reports, valuation, estimate, or other similar documents or work not prepared by him , or not executed under his immediate supervision. or b) He has paid money except the regular fees provided for , to secure a certificate of registration; or c) Has falsely impersonated a practitioner, or former practitioner of a like or different name, or has practiced under an assumed , fictitious or corporate name other t han that of the registered; dl Has aided or abetted in the practice of architecture any person not duly authorized to practice architecture in the Philippines. Any person, firm or association, may prefer charges in accordance wittl the pro visions of this section against any registrant, or the Board may motu proprio investigate and/or take cognizance of acts and practices constituting sufficient cause for suspension or revocation of the certificat e of registration by proper resolution or order. Such charges shall in writing and shall be sworn to by the person making them and shall be filed with the secretary of the ~oard .
be
SEC. 29. Reissue of Revoked or Suspended Certificates and replacement of lost certificates. - The Board may, after the expiration of one year from the date of revocation or suspension of a certificate for reasons it may deem sufficient, entertain an application for a new certificate of registration ~rom a person whose certificate has been revoked or suspended , and, in doing so it may, in its discretion, exempt the applicant from the necessity of undergoing an examination. It may also replace certificates which have been lost.
ARTICLE Ill. - SUNDRY PROVISIONS RELATIVE TO THE PRACTICE OF ARCHITECTURE SEC. 30. Prohibitions in the practice of Architecture. - Any person who shall practice or offer to practice architecture in the Philippines without being registered or exempted from registration in accordance with the provisions of this Act, or any person presenting or attempting to use as his own the certificate of registration or seal of another, or any person w ho shaH give any false or forged evidence of any kind to the Board or to any member thereof in obtaining a certificate of registration or seal of another, or any person who shall falsely impersonate any registr-ant of like or different name, or any person who shall attempt to use a revoked or suspended certificate of registration or any person who shall use in connection with his name or otherwise assume, use or adve rtise any t itle or description tending to convey the impression that he is an architect when he is not an architect, or any person who shall _violate any of the provisions of this Act, shall be guilty of misdemeanor and shall upon conviction, be sentenced to a f ine of not less than five hundred pesos nor more than one thousand pesos or to s·uffer imprisonment for a period .not exceeding three months, or both, in the discretion of the Court. SEC. 31. Non-registered parsons shall not claim equivalent service. - Persons not registered in the Republic of the Philippines as architects shall not claim or represent either services or work as equivalent to those of a duly qualified registered architect, or that they are qualified for any branch or function of architectural practice, even though no form of the title "Architect" is used. SEC. 32. Liability of representative of Non-RegisteJed Persons. It shall be hereafter unlawful for any person or firm or corporation to seek to avoid the provisions o1 this Act by having a representative or employer and the employee shall be deemed guilty of violation of this Act. Solicitat ion of architectural work shall be construed as offering to practice architecture and it shall be unlawful for any but registered architects to do so. SEC. 33. Collection of Professional Fees. It shall be unlawful for any unregistered person to collect a fee for architectural services except as an employee collecting a fee as representative of Registered Architect. SEC. 34. Corporations cannot Register. The practice of architecture is a professional service, admission to which shall be determined upon the basis of individual, personal qualifications. No firm, company, partnership, association or corporati-:>n may be registered or licensed as such for the practice of archiiectur~ . but this section shall not be construed as preventing such combin ations of individual persons from using the term "Architect": Provided, That each member of the partnership, firm or association
is properly registered and licensed. Individual members of a partnership are responsible for his own act. SEC. 35. Reciprocity requirements. - No person who is not a citizen of the Philippines at the time he applies to take the examination shall be allowed to take it unless he can prove in the manner provided by the Aules of Court that , by specific provision of law. the. country' of which he is a citizen, subject, or national either admits citizens of the Philippines to the practice of the same profession without restriction or allows them to practice it after an examination on terms of strict and absolute equality with citizens, subjects, or nationals of the country concerned, including the unconditional recognition of degrees issued by institutions of learning duly recognized for the purpose by · the Government of tne Philippines: Provided, that if he is not a citizen of the Philippmes, and was admitted to the practiCe ot a profession m the Philippines afte1 December 8. 1 941, his active practice in that profession either in the Philippines or in the state or country where he was practicing his profession, shall not have been interrupted for a period of two years or more prior to July 4, 1946. and that the country or state from which he comes allows the citizens of the Philippines by specific provisions of taw, to practice the same profession without restriction or on terms of strict and absolute equality with citizens, subjects or nationals of the country or state concerned. SEC . 36 . Enforcement of the Act by office of the Law. - It shall be the duty of all constituted Officers of the taw of the National Government, of any provincial, city or municipal government of any political subdivision thereof to prosecute any person violating the provisions of this Act. The Secretary of Justice or any assistant duly designated by the former shall act as legal assistance as may be necessary in carrying out the provisions of this Act. SEC. 37. Act not affecting other professions. - This Act shall not be construed to affect or prevent the practice of any other legally recognized profession. SEC. · 38. Operation of decisions in judging any part of the Act Invalid. - If any clause sentence, paragraph or part of this shall not affect, invalidate or impair any other part of said Act, but shall b~ ~o nfin~d_ in its op~ration to the clause, sentence, phrase . paragraph or part ·directlY anvoived in the controversy in which such judgement is rendered. SEC. 39. Atl existing provisions of provincial, city or municipal ordinances or regulations pertaining to examinations for architects , and all other laws, part of laws, orders, ordinances or regulations in conflict with the provisjons of this Act are hereby repealed. SEC. 40.
This Act shalt take effect upon Its approval.
Approved, June 17, 1950. -
Reference:
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OFFICiAL GAZEiTE, VOL. 46, NO. 10 (pp. 4782 - 4792)-
PROPOSED PROFESSIONAL REGULATORY CODE TITlE
VI
THE BOARD OF ARCHITECTURE CHAPTER 1
DEFINITION OF TERMS, AND ADDITIONAL QUALIFICATION OF APPLICANTS ART. 59 (a) The practice of architecture shall constitute in holding out oneself as skilled in the knowledge, art, science and practice of architecture, and as an architect; or offering , rendering , furnishing or contracting on a fee basis or otherwise, se rvices such as consultation and advice, teaching major architectural subjects, environmental site analysis; physical planning, space planning, site planning, architectural and structural designing, specifying, supervising, and giving general management, administration, coordination and responsible direction to the designing, the construction, the erection, enlargement, or alterations of buildings or structures intended for public or private use or complexes of buildings , use utili zation and planning of the space within and the surrounding such buildings or structures and their sites, and architectural design of engineering structures or any part thereof; the scientific, aesthetic, and orderly coordination of all the processes of safeguarding life, health and property which enter the production of a complete building or structure, including all its components, and its en•1irons performed in all of their phases through the medium of comprehensive architectural services, such as technical, economic, and f inancial feasibility studies, promotional services, operational program ming, building programm ing, unbiased studies of plans, consultations, specifications estimates, conferences, evaluations, investigatiofiS, contract documents, construction . and project management, administration of construction, oral advise, and directions regardless of whether the persons engaged in such practice are residents of the Philippines or have their principal office or place of business in this or another country, and regardless of whether such persons are performing any one or all of these duties.
An Architect shall be considered such in the practice of his profession, if the nature and character of his employment whether as an officer or employee in a private enterprise or . educational institution involves decision-making requiring professional knowledge in the art and science architecture, and such employment or position requires that the holder thereof must be an architect; or if he holds or Is appointed to a position in the architectural occupational group in the government or in government-owned or controlled corporations, including those performing proprietary functions, where a civil service eligibilit y as an architect is a prerequisite.
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b} An architect is a bonafide holder of a certificate of registration issued by the Board of Architecture in accordance with this Code. The author or authors of a set of plans or specif ications and other documents related to the practice of the. profession are those in responsible charge of t heir preparation, whether made by t hem personally or under their immediate supervision . lt shalf be unlawful for any person, corporation , institution or agency to order, or cause the design , construction, reconstruction, erection , addition or alteration to any building unless all architectural designs, site planning, space planning and architectural details are prepared by ·or prepared under the responsible charge of, and signed and sealed by a registered architect.
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ART. 60.
Suppletory to the general qualifications prescribed under Article 1 7 of this Code, an applicant to the licensure examinations for the practice of architecture must, unless modified ih accordance w ith this Code. h ave at lea st two years of diversified experience as an architectural designer, draftsman, clerk-of-work. specification writer or superintendent, duly certified by a practicing architect and endorsed by the university, college, institute or school where he finished his course and favorably recommended by the duly accredited professional org anization: Provided , that every year of deficiency in the required diversified experience may be substituted by twelve units credit in the subject to be prescribed by the Board in the rules and regulations.
ART . 61 . An appl icant holding a Master's Degree in architecture from a university, college, institute, or school recognized by the Government or the government of the state or coun try in which it is established. shall be credited one year in his practice experience.
CHAPTER 2 SCOPE OF EXAMINATIONS, AND OWNERSHIP OF DRAWINGS, SPECIFICATIONS, AND THE LIKE ART. 62 . Subject to approval of the Commission. the Board of Architecture shall have the power to prescribe, amend. or revise the subjects in the licensure examinations f or t he practice of architecture and their corresponding relative weights, and unless modifie GI. shall generally cover architectural design; history and theory of architecture; environmen· tal site analysis; physical planning . architectural engineering; structural design ; architec tural practice and ethics; and building materials and specifications. ut ilities systems, methods ot construction , and construction drawings . ART. 63. Drawings and specifications and other related documents, inciuding government projects, duly signed, stamped or sealed as instruments of service, are the properties and documents of the architects. whether the object for which they are tnade is executed or not.
No person shall . w ithout the written consent of the architect or author of said documents. reproduce or make copies of said documents for use in the repetition of, and for other proiects Of buildings, whether executed partly or in whole.
TIT l E
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LICENSURE EXAMINATION AND REGISTRATION CHAPTER 4 REGISTRATION WITHOUT EXAMINATIONS, AND TEMPORARY SPECIAL PERMIT TO PRACTICE ART . 30 . Any person who in the date oi approva\ of this code, holds a doctorate degree in accounting, agricultural engineering, chemistry, civil engineering. cri minology , nutrition and dietetics, electrical engineering, electronics and communications engineering, medical technology, mining engineering. naval architecture and marine engineering. nursing. pharmacy, sanit ary engineering, social work, or sugar t echnology with at least five years technical experience of such character as to indi cate that he is competent to practice the profession concerned; acquired after receiving the doctorate degree, and who
l:l
possesses the qualific ations prescribed under Article 1 7. of this Code. may upon application filed w ithin ono year from the date of. approval hereof and payment of the required fee. be issued a certificate of registration as certified public accountant, agricultural engineer. archite.ct, chemical enginee'r . chemist, civil engineer, criminologist, nutritionist-dietitian, professional electrical engineer . elect ronic s and communications engineer, forester . geodetic engineer, geologist. professional mechanical engineer. medical technologist, mining engineer, naval architect and marine engineer, registered nurse, pharmacist, sanit ary engineer. social. worker. or sugar technologist, respectively, without the necessity of licensure examinat ions t herefor.
ART. 31. Upon approval·of application and payment of the required fee or fees, the following may be granted temporary special permit to practice their respective professions in the Philippines for such period of time as the commission may authorize, provided, that ther~ i«> no Filipino registered professional qualified for such requirement at the time that the application was made or approved. a) Foreign agricultural engineers, architect s. chemic al engineers, c hemists, civil engineers. c riminologists. dentists. nutritionist-dieticians, electrical engineers, electroni cs and communication engineer, f orester, geologists or geological engineers, mechanical , erection or guarantee engineer's medical technologists mining engineers, naval architect and marine engineers . and sugar technologists called in for consultation or tor specific purpose as may in the judgment of the commission be necessary and absolutely essential for the development of the country: Provided, that their practice shall be limited only to the partic ular work for which they were engaged by the Filipino registered professionals commissioned to undertake such work. and that they are legally qualified to practice their respective professions in their own state or country in which the qualifications and requirements for obtaining a certificate of registration are not lower than those specified in this Code: Provided, f urther, that before the expiration of the period granted, renewal of their temporary special permits shall be secured . b) Foreign professionals to be engaged as professors, instructors, teachers, lecturers, crit ics in such fields as in t he judgment of the commission, be necessary and absolutely essential in the field of education: Provided, that their wor.k shall be confined to such teaching only and they shall not engage in the practice of their professions in their private capacity. c ) Foreign professionals who are missionaries , and who shall engage in the practice of their medical, social and allied professions for humanitarian and charitable purposes in the rural areas: Provided, that practice of Filipino professionals in said areas is not duly impaired and competed with.
TITLE
Ill
FOREIGN RECIPROCITY, PRACTICE AND HEARINGS CHAPTER 1 FOREIGN RECIPROCITY ART. 32.
Upon recommendation of the Board concerned , the Commission may, in com· pliance with international commitments and considering the number of qualified persons in the Philippines, entertain an offer by a foreign country or state to establish reciprocal reta-
tions in the practice of a certain profession or professions subject to the condition that by specific J?rovisions of law, the country, state, or province tendering an agreement admits citizens of the Philippines to the practice of the particular profession or professions with or without examinations on terms of and absolute equality with the citizens, subjects, or nationals of said country, state, or province, including the unconditional recognition of prerequisite degrees issued by institution of learning duly recognized by the Government of the Philippines: Provided, That upon recommendation of the Commission and the Board concerned and upon approval of the Prime Minister, a temporary special permit to practice a profession for a specified occasion and specific period of time may be issued to any foreigner, regardless oi whether or not reciprocity exists in the practice of his profession between hls country and the Philippines, and under conditions as may be determined by the Commission if such foreigner is internationally known to be an outstanding expert in his chosen profession or a well-known specialist in any of its branches, and that hisservices will promote the advancement of the profession in the Philippines and will not duly impair and compete with Filipino professionals.
CHAPTER 2 CORPORATE PRACTICE ART. 33.
The practice of a profession . which includes the offer to render , furnish or contract professional services, shall be in an individual and personal capacity. The commission, upon recommendation of the Board concerned, and according to the rules it may adopt, may grant authority to practice any of the regulated professions to a corporation registen;d under the ·laws of the Philippines, Provided that at least eighty percent of the capital of which is owned by citizens ot the· Philippines who are registered professionals, and provided further, that all officers. including the president and general manager and at least eightv percent of the stockholders are registered· professionals of the same profession or allied profession for which authority to practice is granted . The authority granted shall be renewed every year before the expiration thereof. The Commission shall satisfy itself that the corporation complies, during .the life of the authority granted, with the requirements herein provided .
ART. 34. A corporation authorized to practice a profession or closely allied professions cannot have any other purpose except such practice. The construction and the manufacturing, contracting business. fabricating and marketing construction components systems or material, shall not be deemed as allied professions to the architectural and engineering professions. ART. 35. Corporate practice shall be limited to one profession only except as may be authorized by the Commission among closely allied professions . ART. 36. Only a registered professional w~o is a stockholder of the corporation may perform in the name of the corporation, acts constituting the practice of his profession as defined in this Code. The corporation may employ persons not so registered, but such persons shall not render or offer to render any professional services. ART. 37 . Shares -in a corporation authorized to practice a profession may be transferred only to persons qualifed under article 33. Any transfer in violation of the restrictions shall be void. ART. 38.
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A corporation authorized to practice a profession shall adopt a name indicating
expressly the profession in which such corporation is engaged . The Board concerned shall adopt the rules and regulatio ns necessary to carry out the provision.
ART. 39. Individuals, corporations, institutions, firms, associations, entities, agencies and other organizations who are not authorized to practice any of the professions may employ professionals for services allied to their trade or business only, or for their process operat ion, production or maintenance only and shall not compete With private practitioners; Provit:.led that the employer shall be liable solidarity with the employed professional for the damages as provided in the c ivil code of this Code. ART. 40. Any of the followin g shall be a ground for disapproval, or revocation of the authority of a corporation to practice a profession: 1. When any officer, including the president or general manager, as well as members shall become disqualified person to practice the profession . 2. When such corporation shall violate any applicable rule . regulation or code of ethics, adopted by the Board regulating the profession. 3. When such corporation shall violate any provision of this Code.
ART. 41 . In partnerships or firms organized for the practice of a profession or closely allied ·professions . all partners or firm members must be registered professional of the same profession or the closely allied professions and each partner and fi rm member may perform only those acts constituting the practice of his profession.
MALACANANG MANILA PRESIDENTIAL DECREE NO. 223 AS AMENDED BY PRESIDENTIAL DECREE NO. 6 57 CREATING THE PROFESSIONAL REGULATION COMMISSION AND PRESCRIBING ITS POWERS AND FUNCTIONS. WHEREAS, the regulations for the various professions presently regulated by the Office of the Boards of Examiners is so extensive, practically covering all social and economic life of the country; WHEREAS, the existence of the Board of Examiners is misconstrued for a number of years now as nothing more than an examining unit, though all the professional laws creating the various Boards have charged them with the supervision and regulation qver the professional practice in the Philippines; and . WHEREAS, to effectively, enforce the laws regulating the various professions, there is an urgent need to create a three-man Commission to administer , implement, coordinate and supervise the various Boards of Examiners; NOW, THEREFORE, I FERDINAND E. MARCOS, President of the Philippines by virtue of the powers ves~ed in me by the Constitution and Commander-in-Chief of all the Armed Forces of the Philippines, and pursuant to Proclamation No. 1081, dated September 21, 1972, as amended, do hereby order and decree:
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SECTION 1. Professional Regulation Commission. - There is hereby created a three-man Commission to be known as the Professional Regulation Commission which shall be attached to the Office of the President for general direction and coordination . SEC. 2. Compositjon. - The Commission shall be headed by one full-time Commissioner and two-full-time Associate Commissioners, all to be appointed by the President for a term of nine {9) years without reappointment to start from the time they assume office! except the first two Associate Commissioners who shall be appointed, one for six (6) years and the other for three {3) years, and thereafter, any vacancy in the Commission shall be filed for the unexpired term only with the most senior of the Associate Commissioners succeeding the Commissioner at expiration of his term, resignation or removal. No person shall be appointed chairman or member of the Commission unless he is at least forty 140) years of age , familiar with the principles and methods of professional regulation and/or licensing and has at least five (6) years of executive or management experience. SEC. 3. Exercise of powers and functions of the Commission.- The Commissioner, who shall be the Chairman of the Commission, and the Associate Commissioners as members thereof shall , as a body, exercise general administrative, executive and policy-making functions for the whole agency. SEC. 4 . Compensation. - The Commissioner shall receive an annual compensation of fortyeight thousand pesos (fl48,0001 with five hundred pesos (P'600) commutable transportation and representation allowances and the Associate Commissioners, thirty-six thousand pesos (P36,000) each with three hundred and fifty pesos (11360) commutable transportation and representation allowances. SEC. 5.
Powers of the Commission: - The powers of the Commission are as follows:
a) To administer, implement and enforce the regulatory policies of the National Government with respect to the regulation and licensing of the various professions and occupations under its jurisdiction including the maintenance or professional and occupational standards and ethics and the enforcement of the rules and regulations relative thereto. b} To perform any and atr acts, enter into contracts, make such rules and regulations and issue such orders and other administrative issuances us may be necessary in the execution and implementation of its functions and the improvement of its services. cl To review, coordinate, integrate and appr.ove the policies, resolutions, rules and regulations, order ·or decisions promulgated by the various Boards with respect to the profession or occupation under their jurisdictions including the results of their licensures examinations but their decisions on administrative cases shall be final and executory unless appealed to the Commission within thirty (30) days from the date of promulgation thereof; d) To administer and conduct the licensure examinations of the various Boards according to the rules and regulations promulgated by it; determine and fix the places and dates of examinations; appoint supervisors and room examiners from among the employees of the Government or private individuals who have been trained by the Commission for the purpose who shall be entitled to a daily allowance of not less than ten pesos (P'1 0) for every examination day actually attended; use the buildings and facilities of public and private schools for examination purposes; and approve the release of examination results; e) To keep and maintain a register of the authorized practitioners of the profession or occupation; issue certificates of registration or licenses signed by all the members of the Board concerned and the Commissioner with the official seal of the Board affixed; f)
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To have custody of all the records of the various Boards including their examination
papers, minutes of deliberation, records of edmil'listrative cases and investigations and examination results; g) To determine, fix and collect the amount ·to be charged for examination, registration, registration without examination, licenses, annual registration fees, certifications, surcharges and other fees not specified under the provisions of Republic Act No. 6511 or amend the rates provided thereunder subject to approval by the Office of the President; · · · h) To appoint, subject to the provisions of existing laws, such officials and employees of the Commission as are necessary in the effective performances of its function and responsibilities, prescribe 'their duties and fix their compensation; and to organize or reorganize the sttutture of the Commission, create or abolish positions, change the designations of existing position· to meet changing conditions or as the need therefor arises: Provided, That ·such changes shall not affect the employment status of the incumbents, reduce their ranks and/or. salaries for result in separating them from the services; H To submit and recommend to the President of the Philippine nominees for appointment as members of the various Soard from among those nominated by the bonafide . professlo.nal organizations accredited by the Commission t-o till existing or probable . vacancies; j) The Commission may, upon the recommeCtdation of the Soard concerned, approve the registration of and authorize the issuance of a certificate of registration with or without examination to a foreigner who is registered under the laws of his country: Provided. That the requirements for the registration or licensing in said foreign state or country are substantially the sarpe as those required and contemplated by the laws of the Philippines and that the laws of such foreign state or country allow the citizens of the Philippines to practice the profession on the same basis and grant the same privileges as the subjects or citizens of such foreign state or country: Provided, finally, That the applicant shail submit co'm petent and conclusive documentary evidence, confirmed by the Department of Foreign Affairs, showing that his country's existing laws permit citize.~s 6f the Philippines to practice the profession under the rules and regulations governing citizens thereof. The Commission is also hereby authorized to prescribe ae!ditional requirements or grant certain privileges to foreigners seeking registration in the Philippines if the same privileges are granted to or same additionai requirements are required of citizens of the Philippines in acquiring the same certificates in his country: (As amended by PO 657) k) The Cqmmission shall have general supervision over foreign nationals who are authorized by existing laws or granted special permits to practise their professions temporarily in the Philippines to see that the terms and conditions for their employment are strictly observed and adhered' to; · ·
11 To prescribe or revise, in conjunction with the Board concerned and the Secretary of Education and Cu)ture or his authorized representative, collegiatd courses the completion ot·or ·graduation from which shall be a prerequisite for admission into the practice of the professions concerned; m ) To exercise general supervision over the members of the -various Boards; n) To promulgate such rules and regulations as may be necessary to effectively implement policies with respect to the regulation and practice of the professions; o) To perform such other functions and duties as may be necessary to carry out effectively the various provisions of professional regulatory laws, decrees or orders.
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SEC. 8 Powera, functions •nd reaponslbllldel of v•ioua powers. functions end responsibilities:
Boara lbd retain the foHowlng
a) To loOk from t ime to time into the conditions affecting the practice of the profession or occupation under their respective jurisdictions and whenever necessary, adopt such measures may be deemed proper tor the enhancement of the profession or occupation and/or the maintenance of high professional. ethical and technical standards and for this purpose the members of a Board may personally or through subordinate employees of the Commission conduct ocular inspection or visit industrial , mechanical. eJectrical or chemical plants or works. hospitals, clinics and other engine~ring works where registered practitioners of the profession or occupation are employed or are working for the purpose of determining compliance with the profession or occupation .or as an aid in formulating policies relative t hereto in accordance with the established policies, promulgated by the Commission; bl
To investigate violations of their respective laws and the rules and regulations pro-mulgated thereunder and for this purpose may issue summons, subpoena duces tecum t o alleged violators or witnesses thereof and compel their attendance to such in· vestigations or hearings;
c) To ct,elegate the hearing or investigation of administrative cases filed before them ex· cept in cases where the issue involved strictly concerns the practice of the profession or occupation , in which case the hearing shall be presided by at least one member of the Board concernec' assisted by a legal or hearing officer of the Commission; d) To promulgate decisions on such administrative cases subject to review by the Commission. If after thirty (30) days from the receipt of such decision no appeal is t aken therefrom to the Commission, the same shall become final and immediately enforceable; e) Subject to review by the Commission, to approve registration without examination and the issuance of the corresponding certificat es of registration; f) After due process, to suspend revoke or reissue certificates of registration of causes
provided for by law or by the rules and regulations promulgated thereafter: g) To determine and prepare the contents of licensure examlnat\ons;.score
and rate the examination papers and submit the results thereof to the Commission within one hun· dred twenty ( 120) days after the last examination day unless extended by the Commission; and subject to approval by the Commission, determine the appropriate pass· ing general rating if not provided for in the law regulating the profession.
SEC·. 7. Names of various Boards. - The names of the var\ous Board,_ shaU be changed by the Commission by deleting the word ''Examiners''. SEC. 8. Tnnafer of personnel, fundi, records, etc. -The present office of the Boards of Examiners, its personnel, funds, records, supplies , equipment, materials, furniture and fixtures are hereby transferred to the Commission. SEC. 9. RepeaBng Qausa. -The provisions of Republic Act No. 546 are hereby repealed as well as those of other pertinent laws inconsistent herewith.
SEC. 10. Effactfvfty. - This Decree shall take effect in:tmediately . Done in the City of Manila, this 22nd day of June in the year of Our lord, nine\een hundred and seventy-three.
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FERDINAND E. MARCOS President Republic of the Philippines
By the President: ALEJANDRO MELCHOR . Execut ive Secretary
MALACANANG Manila LETTER OF INSTRUCTION NO. 1 000
TO THE PROFESSIONAL REGULATION COMMISSION, THE MINISTRY OF HUMAN SETTLEMENTS, THE MINISTRY OF FOREIGN AFFAIRS, THE MINISTRY OF PUBLIC HIGHWAYS. THE MINISTRY OF TRANSPORTATION AND COMMUNICATIONS, THE MINISTRY OF TOURISM , AND ALL GOVERNMENT AGENCIES CONCERNED WHEREAS, P.O. 22 3 created the Prof essional Regulation Commission charged with the supervision and regulation over the professional practice in the Philippines; WHEREAS , in support of P.O . 223 and its implernentinq rules and regulations, the variou5 professional organizations have voluntarily integrated themselves, one for each profession, and subsequently accredited by the Professional Regulation Commission; WHEREAS, integrated professional organization are necessary for the upliftment of the standards of the profession through their self-regulation and disCipline for better service to the Filipino people; WHEREAS. the PAC accredited bonafide professional organizations contribute an important role in promoting and maintaining high professional, ethical, and technical standards among its members through their continuing education activities, thereby elevating them to a higher level of competence; proficiency, integrity and social commitments; WHEREAS, the PRC accredited bonafide professional organizations which truly represent the professionals in our country, have proven their capabilities, competence and social consciousness by collaborating with government agencies in the pursuit of national goals, and through the several national, regional and international conferences which they have sponsored organized, or attended. NOW, THEREFORE, I, FERDINAND E. MARCOS, President and Prime Minister of the Republic of the Philippines, by virtue of the power vest ed in me by the Constitution do hereby order and direct the Professional Regulation Commission , the Minis~ry of Human Settlements , the Ministry of Foreign Affairs , the M inistry of Education and Culture, the Ministry of Public Highways , the Ministry of Public Works, the Minister of Tourism, the Ministry of Transportation and Communications and all government agencies concerned to authorize and support only PRC accredited bonafide professional organizations, and their members to organize, host sponsor or represent the Filipino professionals in national, regional and international forums, conferences, conventions where the concerned profe~Jsions are in
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volved. AND 1 FURTHER ORDER AND DIRECT that all government agencies and any of its instrumentalities shall give priority to members of the accredited professional organizations in the hiring of its employees and in the engagement of professional services. This letter of Instruction shall take effect immediately. Done in the City of Manila, the 20th of March in the Year of the Lord, Nineteen Hundred and Eighty.
tSGO) FERD\NAND E. MARCOS President and Prime-Minister of the Philippines
Republic of the Philippin.es PROFESSIONAL REGULATION COMMISSION Manila
BOARD OF ARCHITECTURE Board Resolution No . .1 0 Series of 1 9 84 The Board, in its meeting held today. had for consideration the adoption of rules and regulations relating to preparing, signing and sealing of plans, drawings, specifications and other documents registered by architects pursuant to Sec. 25 of RA 545', in order that such rules are in full accord with all the provisions of RA 545, and in conformity with the Title Block in the Standard F.orm for Building Plans as prescribed under the implementing rules and regulations of the National Building C').d e (PO 10) and Art. 1723 of the Revised Civil Code. Pursuant further to Sec. 25 (3) of RA 545 which provides, "and it shall be unlawful for any person, except the architect in ~harge, to sign for any branch of the work, or any function or ar· chitectural practice, not actually performed by him. The architect in charge shall be fully responsible for all plans, specjfications and other documents issued under his seal or authorized signature", the Board of Architecture, in the exercise of the power vested in it by RA 545 and PO 223, resolved, as it hereby resolves, to adopt the following rules: 1. The architect in charge is the architect of the building or structure. The author of its plans, specifications and other documents and coordinator of all the processes or branches of the work which •lnter into thy production of the complete building or structure· performed through the medium or by means of plans, specifications, contract documents, advice, and others. (Sec . 14c. RA 545) 2. No person can sign the plans and specifications for any branch of the work not actually performed by such person. 3 . An engineer or design. professional may be engaged by the architect in charge to perform a branch of the work or process relating to the building designed by the architect. Such branch of the work or process must actually be performed by the engineer or design professional who shall be fully responsible for all plans, specifications and other documents for such branch of work or process actually performed by him.
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4 . The Title Block on all plans and drawi.ngs prepared, signed and sealed by architects shall conform to any of the sample models of Title Blocks, with notes thereon, hereto attached, made integral parts of this Resolution and marked as Annexes "A" and "B". The Title Blocks shall be used for: (a) Schematic Design drawings and studies; (b) Design Development Documents; and (c) Contract Documents which consist of Construction Drawings and Specifications that set forth in detail the work required for architectural, structural, electrical, plumbing/sanitary, mechanical 6lnd other serviceconnected equipment.
5. Violation of any of these rules shall be sufficient cause for suspension or revocation of the architect's certificate of registration. Violation of these rules shalt likewise be punishable by a fine of not less than five hundred pesos {~500.00) nor more than one thousand pesos (11'1 ,000.00) or by imprisonment of not less than three (3) months nor more than one ( 1) year, or both in the discretion of the Court. This Resolution shaft take effect immediately upon approval by the Commission and after fifteen ( '\ 5) days iol\ow\ng its publication in the Ofiicial Gazette. Done in the City of Manila this 27th day of March, 1984.
ISGD) CESAR V. CANCHELA Chairman ISGO) JUAN A. MARAVILLAS, JR. Member
!SGD) JULIO D. MATIAS Member ATTESTED : (SGD) SALUD M. SAHAGUN Secretary
Approved and promulgated as part of the rules and regulations governing the practjces of architecture this 21th day of September, 1 9 84 . (SGO) ERIC C. NUBLA Commissioner (SGD) NUMERIANO TANOPO, JR. Associate Commissioner
.,
(SGO) DOMICJANO C. NATIVIDAD Associate Commissioner
Published in the Official Gazette Vol. 80, No. 42 p. 5479, 10-15-1984 Issue
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Republic of the Philippines PROFESSIONAL REGULATION COMMISSION Manila
BOARD OF ARCHITECTURE
Board Reso\ution No. 24 Series of 1 9 84 WHEREAS, in Resolution No. 108 dated September 7, 1 977, the United Architects of the Philippines petitioned the Professional Regulation Commissioner and the Board of Architecture to approve the "General Conditions", UAP Document No. 301 • as a standard document for use by practicing architects in the Philippines; WHEREAS, the "General Conditions", UAP Document No. 301, whose provisions establish · the relationship among the owner, the Architect and the Contractor and stipulate the norms by which the contractor shall perform his work are in consonance with the present trend of architectural practice in the Philippines: WHEREAS, the "General Conditions", UAP Document No. 301. was approved and adopted by the Board of Architecture and the Professional Regulation Commission in Board Resolution No. 15 dated November 15, 1977, as one of the official documents which the practicing architect may use in the discharge of his duties; WHEREAS, the UAP now proposes certain revisions in the aid "General Conditions", UAP Document No. 301, as follows: "Art. 3, Paragraph 3.03, Sub-Paragraph a. "Should a conflict occur between Drawings, or a conflict between Specifications, or between Specifications and Drawings , the Contractor shall be deemed to have estimated a more expensive way of doing work unless he shall have asked for and obtained a decision, in writing from the Architect before submission of proposals as to which method or materials will be required. If, after award, the less expensive work is done, the Contractor shall credit the Owner an amount equivalent to the difference between the more expensive and the less expensive work." "Art 22.04ARCHI,TECTS' ACTION ON A REQUEST FOR PAYMENT: Within fifteen days after receipt of any Request for Payment by the Contractor, the Architect shall either issue a Certificate of Payment or withhold the Request for Payment. When the Architect decides to withhold the Request for Payment, he shall inform the contractor in writing the reasons for withholding it. IF THE CONTRACTOR AND ARCHITECT CANNOT AGREE ON A REVISED AMOUNT, THE ARCHITECl' WILL ISSUE A CERTIFICATION OF PAYMENT FOR THE AMOUNT FOR WHICH HE IS ABLE TO MAKE REPRESENTATION TO THE OWNER." Art. 2 7. CONTRACTOR'S RIGHT TO SUSPEND WORK OR TERMINATE CONTRACT: If the Contractor is compelled to suspend work due to hardships or difficulties under b, c, and d above. then the contract sum shall be increased by the amount of the contractor's reasonable costs of shut-down, delay and start up, which shall be effected by appropriate change order." WHEREAS. the Bortrd of Architecture, after receiving said revisions, find them in order to maintain the high leve1 of professionalism in the implementation of infrastructure projects; NOW. THEREFORE, BE IT RESOLVED, AS IT IS HEREBY RESOLVED, that the above-stated revisions in the "General Conditions", UAP Document No. 301, are hereby approved· and adopted :
22
RESOLVED FINALLY, that the above take effect upon approval by the Commission and fifteen ( 1 5) days following its publication in the Official Gazette. Done in the City of Manila th is 7th day of November ,.984.
(SGD.) CESAR V. CANCHELA Chairman (SGO.) JULIO 0. MATIAS Member
(SGD.) JUAN A. MARAVILLAS, JR. Member
ATTESTED: (SGD.) SALUD M. SAHAGUN Secretary Approved and promulgated as part of the rules and regulations governing the practice of architecture in the Philippines this 26th day of November 1984.
(SGO.) NUMERIANO T ANOPO, JR. Associate Commissioner (SGD.l OOMtClANO C. NATIVIDAD Associate Commissioner Published in the Official Gazette Vol. 80, No. 52 pp. 2145-46 Dec. 24, 1984 Issue
Republic of the Philippines PROFESSIONAL REGULATION COMMISSION Manila
BOARD OF ARCHITECTURE
Resolution No. 2 Series of 1984 WHEREAS, the Board of Architecture, Professional Regulation Commission, and the United Architects of the Philippines (UAP) have long realized the need of adopting a more effective. systematic and efficient regulation or procedure of recording the diversified experience of an applicant for liC\'nsure examination required under Section 18 (d) RA 545, but which is geared along cur·ent prb. tices in the architectural profession; WHEREAS, the UAP in its Resolution No. 18 dated July 14, 1982, submitted for the considerat ion of the Board of Architecture, a draft of the proposed text of the LOGBOOK (Specific . Record) OF DIVERSIFIED EXPERIENCE IN ARCHITECTURE; WHEREAS, a revised copy of the rest of the logbook incorporating provisions -from the Code of
23
Ethics and recent regulations, together with standard forms, was resubmitted to the Board of Architecture on July .1 0, 1983, for its action; WHEREAS, the Board of Architecture, after thorough review and instituting necessary amendments thereto, finds the logbook and standard forms, which are hereto attached and made integral parts of this resolution, to be satisfactory and in compliance with the provisions of RA 545 and other pertinent rules and regulations governing the practice of architecture; in order to achieve high standards in the profession through a proper diversified training program; NOW THEREFORE, pursuant to the powers vested upon it by Sec. 2 and 8 or RA 545 and Sec. 6 (a) of PO 223, the Board of Architecture hereby adopts the attached LOGBOOK OF DIVERSIFIED EXPERIENCE in architecture, UAP Doc. 21 0, as a requirement governing admission to licensure examination for architects, for the immediate compliance by all concerned, non-compliance or violation of which shall be ground for administrative penalties Ot' disqualification from licensure examination, as the case may be; BE IT RESOLVED , as \t \s hereby fesolved, that all applicants for the architect licensure examination beginning July 1986 shall be required to submit the Log Sheets of Diversified Training to the Board of Architecture as a prerequisite for admission to the exa.mination; RESOLVED FURTHER, that all architects in the Philippines are hereby required, under the provisions of UAP Doc. 21 0 to mentor and give practical training and experience or serve as adviser to at least one ( 1) trainee-aspirant to the profession, for a minimum period of four (4} months or six hundred and forty (640) hours for every year. as a requisite for the renewal of certificate of registration, provided that each four-month period is credited for one (1) year; RESOLVED FINALLY, that this resolution, together with the attached LOGBOOK OF OIVERSfFtEO EXPERIENCE IN ARCHITECTURE. UAP Doc. 21 0, consisting of text and standard forms, shall take effect fifteen ( 15) days following its publication in the Official Gazette. Done in the City of Manila this 20th day' of February, 1984.
v:
(SGDJ CESAR CANCHELA Chairman (SGD.) JULIO D. MATIAS Member
ISGO.) JUAN A. MAAAVILLAS, JR. Member
ATTESTED: (SGD.) SALUD M. SAHAGUN Acting Secretary Approved as part of the rules and regulations governing the practice of architecture in the Philippines this 26th day o f M6rch. 1984.
(SGD.) ERIC C. NUBLA Commissioner ISGO.) NUMERIANO TANOPO, JR. Associate Commissioner
24
(SGD.) OOMICIANO C. NATIVIDAD Associate Commissioner
Published in the Official Gazette, Vol. 80, No. 14 pp; 2145· 2146, 4 -2-84 issue.
Republic of the Philippine~ PROFESSIONAL REGULATION COMMISSION Manila
BOARD OF ARCHITECTURE
Board Resolution No. 2 Series of 1983 The Board , in its meeting held today, had for consideration the requirement by law {Sec. 2, RA 545 and Sec . 6a, PD 2231 for an architect to maintain high professional and ethical con· duct because his duties and grave responsibilities to the public be properly discharged unless his motives, conduct, sense of moral values and ability are such as to command respect and confidence, not of his colleagues in the profession but the general public as well . The prohibition of the following acts are designed to rai se the standards of personal behavior or the architect to .f ollow a set of moral principles and values that will project to the public that an architect is a total professional who, aside from being technically competent, is ethical, virtuous, respectable, honest, righteous. and noble in the conduct of his professional and social life. To assure the public of the maintenance of high, professional and ethical conduct of the architect, the Board, in the exercise of the powers vested in it by Section 2 and 8 of RA 545 and Section 6a of PO 223, resolved, as it hereby resolves, to take cognizance of the following acts and practices· as unprofessional or dishonorable conduct and constituting sufficient cause for the reprimand, non-renewal, suspension or revocation of the certificate of registration of an architect that, to wit: 1. Committing any ac;t which is disgraceful, shameful, degrading, repulsive to good morals, disgusting, depraved, based and/or of inferior quality; 2. Addiction to alcoholic beverages and/or improper scandalous behavior arising from drunkenness or under the influence of liquor or drugs; 3 Making, abetting, directly or indirectly, false or misleading press releases or misleading press releases or advertisements, or advertising of services tn a mercantile mann£~r; 4. Sowing abetting or spreading rumors or intrigues, whether factual or not that tend to discredit, destroy. and cast aspersion on the character and honor of fellow drchitect, the accredited professional association, or the profession itself;
a
5. Committing prohibited acts and practices relative to election for any elective office in his professional association, whether committed by a candidate for any elective office or by any other member wh·o benefits from such act, directly or indirectly, in any form or manner, by himself or thru another pers~.n. Giver and recipient shall be liable. These acts are as follows: a. Payment of the dues or other indebtedness of any member; b. Giving of food , drink, entertainment, transportation or any article of value or any similar consideration to any person;
25
c. Making promise or causing an expenditure to be made or offer or promise to any person when used for the purpose of inducing or influencing a member to withhold his vote or to vote or against a candidate; d. Personal advertisement and press release .
6. Aiding or acting as a dummy of a person, firm. company or corporation not authorized to practice architecture in the Philippines.
7. Failure to attend PRC authorized seminars or continuing education programs designed to upgrade his competence and ethical standard as architect;
8. Violation of any provision of official UAP Documents such as Constitution and ByLaws. UAP Doc. 103; Election Code UAP Doc. 104; Uniform Chapter By-Laws, UAP Doc. 1 05 ; and Policy Manual, UAP 106; all forming part of accreditation documents of UAP which are on file with approved and considered by PRC to be in force and effect as the rules governing the conduct of architeets;
9. Failure to comply with any of his duties and obligations as member in good standing of the accredited professional association ;
10. Violation of any provision of the National Code for Architects including the Code of Ethk.al Conduct, UAP Doc. 200, and Standards of Professional Practice, UAP Doc . 201-208 , inclusive; 11. Non-involvement or non-participation in any professional association, community, civic and government activities for community and national development. This resolution shall take effect after fifteen (15) days following its pub!ication in the Official Gazette. Done in the City of Manila this 6th day of January 1983.
(SGD.) CESAR V. CANCHELA Chairman (SGD.) JULIO D. MATIAS Member
(SGD.) JUAN A. MARAVILLAS, JR. Member
ATTESTED : (SGD.) JULIAN G. BALLARAN Secretary APPROVED: (SGD.) ERIC C. NUBLA Commissioner
COMMENTARIES ON THE SUBJECT OF: ISSUANCE, REISSUANCE, RENEWAL, SUSPENSION AND REVOCATION OF CERTIFICATES OF REGISTRATION OF ARCHITECTS by CESAR V. CANCHELA, FUAP Chairman Board of Architecture Professional Regulation Commission March 6, ·1984 On Sec. 27 RA 545
The Board· of Architecture shall refuse to issue or renew a certliicate of registra· tion to the following persons:
1 . convicted of any criminal offense involving moral turpitude. 2. guilty of immoral or dishonorable conduct 3. of unsound mind On Sec. 28 RA 545
The Board has the power, upon notice and hearing, to suspend or revoke any cer· tificate of registration of an architect for the following causes: 1. Conviction of any criminal offense involving moral turpitude, immoral and dishonorable conduct, and unsound mind.
2. Use of perpetration of any fraud or deceit in
obt~ining
certificate of registra·
tion. 3. gross negligency 4. incompetency 5. Unprofessional or dishonorable conduct if. he: a) signed and sealed plans, specifications and other documents not prepared by him or under his immediate supervision. b) has paid money, except regular fees, to secure certificate of registration. c) falsely impersonated another practitioner other than himself. d) has aided or abetted practice of architecture by persons not authorized. or by being a dummy or such persons for said purpose. 6. Such other acts and practices which the Board may motu propio take cognizance of by proper resolution or order, as constituting sufficient cause for suspension or revocation of certificate of registration. a} (Note: Res. No. 2 of 1983, taking cognizance of certain acts and practices as unprofessional or dishonorable conduct and constitute sufficient cause for reprimand , non-renewal, suspension or revocation of the certificate of registration of an architect). The resolution has been promulgated as part of the Rules and Regulations governing the practice of architecture. On Sec. 61. PD 223
The Board of Architecture has the power and responsibility, after due process. to suspend revoke or reissue certificate of registration for causes provided for by law or by the rules and regulations promulgated therefor.
27
Republic of the Philippines PROFESSIONAL REGULATION COMMISSION Manila BOARD OF ARCHITECTURE
Board Resolution No. 9 Series of 1982 The Board, in its meeting held today, had for consideration the current professional practices. services and activities of the architect, here and abroad, which the Board considered and accepted as functions of architectural practice since these acts constitute the scientific and orderly coordination of all processes which enter into the production of a complete building or "structure" as provided in Section 14 (c) of Republic ct. No. 545. For the maintenance of high ethical and technical standards in the practice of architecture in the Philippines, the Board of Architecture, in the exercise of the powers vested in it by Sections 2 and 8 of Repu~lic Act No. 545, hereby declares, as it is hereby declared that the following acts constitute the scientific and orderly coordination of all processes which enter into the production of a complete building or structure and are w ithin the scope of the practice of architecture. The act of physical and land use planning; site planning; site selection, analysis and utiliza· tion; site development planning ; landscaping; subdivision planning; housing design ; urban planning and design; town and city planning; environmental site analysis and design; community architecture design; space programming and planning; architectural detailing; interior detailing and furnishing; designing architectural interiors; architectural programming; construction management; project management; work supervision; estimating; construction ad.. ministration; architectural lighting; architectural acoustics; mechanical. electrical, sanitary and utilities systems and equipment planning; teaching major architectural subjects, preparing proiect feasibility, financing, programming and promotional studies, and building maintenance and administration. This resolution shall take effect after fifteen ( 15) days following its publication in the Official Gazette. Done in the City of Manila, this 22nd day of February , 1982.
(SGD.l CESAR V. CANCHELA Chairman (SGO.I JULIO B. MATIAS Member.
tSGD.) JUAN A. MARAVILLAS, JR. Member
ATTESTED: (SGO.) JULIAN G. BALLARAN Secretary APPROVED: as part of the Rules and Regulations governing the practice of architecture, this 24th day of February, 1982. (SGO.) ERIC C. NUBLA Commissioner
28
(SGD.l NUMERIANO TANOPO , JR. Associate Commissioner
(SGD.) DOMICIANO C. NATIVIDAD Associate Commissioner
Republic of the Philippines PROFESSIONAL REGULATION COMMISSION Manila BOARD OF ARCHITECTURE
Board Resolution No. 5 Series of 1982 The Board in the meeting held today. had for consideration the unnecessary and deceptive information on the title block of architectural plans. It has been noted by the Board of Architecture, that a.s prevalent practice, the names of corporations, firms or non-registered persons, who are neither project · owners nor architect/authors appear in the title block of architectural plans, specifications, correspondence or .other instruments of service of the architect, such practice and devices which tend to convey to the general public, the. impression that such corporation, firm or non-registered person practice or offers to practice architecture or any R~gistered persons. Furthermore, this common branch of function thereof, is in violation of the architecture law, A.A. 545, which prohibits the practice of architecture by corporations and non-registered persons . Furthermore, this common practice is not in accordance with the Standard Form for Plans as regulated by the implementing rules and regulations of P.O. 1096, otherwise known as the National Building Code. To protect the public from such misleading, unnecessary and deceptive information, and so that the law may not be circumvented, for the maintenance of good ethics and standards in the practice of architecture in the Philippines, the Board of Architecture, in the exercise of the powers vested in it by Sec. 2 and B of R A . 545, hereby resolved as it hereby resolves, to promulgate and adopt the following regulation as a supplement to the existing rules and regulations of the Board implementing the provisions of A.A. 545: It shall be unlawful to place the names of corporations. firms or non-registered per· sons, except as project owners. in the title block of architectural plans, specifications, correspondence or ~ther instruments of service of the architect. All plans, specifications, correspondence, reports and other instruments of service of the architect shall indicate only the name of the architect, or architects in group practice, who prepared, signed, sealed and is responsible tor said documents of projects owner, shall appear thereon. The t itle block for architectural plans shall conform strictly to the Standard Form fo~ plans, as required under the regulation of P.O. 1096. (National Building Code). Violation of this regulation by any person, natural or judicial. shall be punishable by a fine of not less than five hundred pesos nor more than one thousand pesos or imprisonment of not less than six months nor more than one year, or both, in the discretion of the Court, without prejudice to any administrative action in accordance with Section 8 of R.A.
545. rhis regulation shall take effect after its approval by the Professional Regulation Commission fifteen ( 1 5) days following its publication in the Official Gazette. Done in the City of Manila, this 29th day of January, 1982. (SG D.) CESAR V. CANCHELA Chairman
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!SGD.) JUAN A. MARAVILLAS, J R. M ember
!SGD.l JULIO D. MATIAS Member ATTESTED: (SGD.) JULIAN G. BALLARAN Secretary
APPROVED: ·as part of t he Rules and Regulations governing the practice of architecture, this 8th day of February, 1982 .
\SGD.) ERIC C. NUBLA Commissioner ISGO.) NUMERIANO T ANOPO, JR. A ssociate Commissioner
(SGD.) OOMICIANO C. NATIVIDAD Associate Commissioner
COMMENTARIES ON ART. 1 723 OF THE REVISED CIVIL CODE REGARDING ARCHITECTS OR ENGINEERS LIABILITY FOR DAMAGES January 13, 1984 By CESAR V . CANCHELA, FUAP Chairman. Board of Architecture Professional Regulation Commission "ARTICLE 1 723" The engineer or architect who drew and authored specifications for a buildings is liable for damages within fifteen years from the completion of the structure, if the same should collapse by reason of a defect in those plans and specifications, or due to the defects in the ground. The contractor is likewise responsible for the damages if the edifice falls, within the same period, on account of defects in the construction or use of materials of inferior quality furnished by him, or due to any violation of the terms of the contract. If the engineer or architect supervises the construction, he shall be solidarity liable with the contractor. Acceptance of the building after complet ion, does not imply waiver of any cause of action by reason of any defect mentioned in the preceding paragraph. · · The action must be brought within 10 years following the collapse of the building." From the above law, the following implications are clear: 1. Art. 1723 conforms to and reaffirm RA 545, particularly Sec. 25 and Sec .
14~ cl.
2. The collapse of a building is attributable to defective structural plans and specifica· tlons. defective construction, or improper supervision ot construction. Defects in mechanical, electrical or sanitary plans will not cause the collapse of the building but can cause damage. · 3. Responsibility and liability for damage due to defects in the structural plans and specificat ions rests upon the engineer or architect who drew up and signed such plans and specifications. defect in which had caused the collapse of the building . 4. Article 1723 clearly implies that only the engineer or architect prepares structural plans and specifications of buildings. Please note however, that since th e word "ar· chitect" is specific, there is no doubt that the architect does prepare structural plans of buildings. Besides , the architectural and structural designing of buildings is the
30
practice of architecture as defined by RA 545 Sec. 14{c}. However, since the word "engineer" is not described, it can refer to civil, structural, mechanical, electrical, sanitary or other engineer. 5. Since the word "engineer" in Art. 1723 is not specific, in present practice however, it can be implied to refer to a "structural engineer". A structural engineer is a civil engineer who holds a specialty certificate of registration or recognition as such, issued by the Professional Regulation Commission. The word "engineer" therefore in Art. 1 7 2 3 can be correctly described without contradiction as the structural plans and specifications, and certainly not an ordinary civil engineer. 6. Either the engineer or architect may supervise construction and be held solidarity liable with the contractor. Again the word "architect" is specific while the word "engineer" is not but in present practice may however be implied to mean a civil engineer who possesses special knowledge of supervision or construction management of buildings and holds a PRC certificate of registration or recognition as such. 7. Structural design of buildings may not be qualified nor limited in scope for either the structural engineer or the architect. The concept is not supported by any existing Jaw on universal practice. What is important is that professional responsibility and liability is assumed by the structural engineer or architect who prepared and signed the structural plans and specifications of the buildings. 8. Although defects in mechanical, electrical, or sanitary or other engineering plans and specifications will not cause the collapse of the building, damages to the building should be the responsibility and liability of the corresponding engineer who prepared and signed their respective plans and specifications for the building. These engineers should be solidarily liable with the contractor if they supervise the construction of their respective branches of the work. g. Under Art. 1 7 2 3, only one signatory is required for the plans and specifications for any branch of the work required for the completion of a building. He is either the architect or corresponding engineer for such branch of the work.
.
HIGHER AGENCIES INVOLVED IN SHELTERS
;See additional lists on page 41)
HOUSING AND LAND USE REGULATORY BOARD IHLURBt Formerly the (HUMAN SETTLEMENTS REGULATORY COMMISSION) !HSRC) By virtue of Executive Order No. 648, the HSRC was organized to foster the growth and renewal of urban and rural communities in an integrative manner that promotes optimum. land use, adequate shelter and environment protection. It is to enforce, implement, coordinate and streamline land use policies and regulations on human settlements, including ~he implementation and enforcement of the Urban Land Reform Decree, land value and building rental regulations and other related laws.
HOME DEVELOPMENT MUTUAL FUND {HDMF) The HDMF administers the PAG-IBIG fund, a provident savings fund for housing. It entitles PAG-IBIG members who are public and private employees as well as the selfemployed to housing loans. NATIONAL HOME MORTGAGE AND FINANCE ·cORPORATION (NHMFC} NHMFC .is tasked with the generation of a continuing source of fund for housing through the secondary mortgage market system that seeks to attract private investments into housing. This system takes the risks from private investors who are in
31
HFC's main functions to attract private sources of capital for home financing. It pro~ vides mortgage credit insurance by acting as guarantor of individual home loans to assure the payment of said mortgage loans. It is also directly involved in providing construction and development finance for housing. NATIONAL HOUSING AUTHORITY tNHA)
The NHA is the construction agency of the Ministry. It is responsible for undertaking housing development and resettlement and for prescribing guidelines and standards for the reservation , conservation, and utilization of public lands identified for housing and resettlement. NATIONAL HOUSING CORPORATION (JIJHC)
The NHC is responsible for developing, standardizing and mass producing building materials for housing and stockpiling of the same gowrnment housing projects. HOME FINANCING CORPORATION (HFC) HFC was formerly the Home Financing Commission created in 1965 by the President Ramon Magsaysay to ease the housing problem. It was revitalized in 1979 by Presi~ dent Marcos through Executive Order No. 635 which strengthened its original func~ tion and expanded its powers to make it more responsive to the country's growing shelter requirements. LOGBOOK
The Logbook of Diversified Experience in Architecture involves three groups: .the Trainees who are prospective examinees, the Mentors who are licensed architects and the Advisers who are faculty members for trainees while still students . Graduates are not required to have advisers where trainee graduated from. Each group is given specific guidelines in the implementation of the program. The general objective is to ensure that those who shall take the licensure examination for architects have had sufficient diversified experience necessary in comp\iance with the provisions of R.A. 645. It also aims to require all the practicing architects to take upon themselves the mentorship of the aspir.a nts to the profession as a salient provision of the Architects' Co.de of Ethics. The logbook includes the rules of training, activity areas, ancillary subjects and diversified training forms, which record the diversified experience gained by the trainee. The forms must be duly certified by the mentor and the adviser. A SPECIFIC RECORD OF DIVERSIFIED EXPERIENCE is required by law to be establish· · ed to the satisfaction of the Board of Architecture, prior to admission to licensure examination. Section 18 of RA 545 entitled "Qualification of Applicant for Examination", provides among others, that any person applying for examination and for a certificate of registration as architect shall, prior to admission to examination, establish to the satisfaction of the Board that he or she has a ., specific record of at least two years diversified experience as architectural draftsman, clerk-of -work, specification writer or superintendent: provided, however, that an applicant holding a Master's·d~gree ih Architecture from a school, college, university or institute recognized by the Government or the State in which it is established , shall be credited one year in his practical experience. " The Board of Architecture holds the view that an applicant; in order to acquire the minimum two year diversified experience must necessarily ga\n experience in all work designation above~enumerated. For instance, two years practical ex~ perience solely as specification writer cannot be considered as diversified experience. turn assured by the NHMFC, thereby ensuring wide participation of private financing institutions.
32
Candidates who have had practicat training and/or experience in other countries may be given accreditation according to the requirements established in the logbook or as required by the Soard of Architecture. Each training and/or experience period must be duly certified by the mentors or offices where he worked, and must be submitted to the Board of Architecture . Professional Regulation Commission, together with his application for examinati on. The Board of Architecture shall determine the equivalent credit hours of such training and/or experience, and in no case shall the experience gained in other countries be credited by more than 2000 hours. To complete the required diversified experience of two years or equivalent of 3840 hours, he is required to log at least 2000 hours of diversified experience in the Philippines. The Nationa l Code for Architects on the other hand , emphasize in no uncertain terms in its UAP OQC. 200; .Code of Ethics, that it is the duty and moral obligation of an . aspir.ant to the profession." (Architects Code of Ethical Conduct). Pursuant to this, the Board of Architecture will require every architect to give training to at least one trainee aspirant to the profession. for a minimum period of four (4) months for every year. This will afford a greater number of trainees to acquire the experience required under several architects . Through time, the various Boards of Architecture in the past have.devised ways and means to enforce ~he requirement on diversified experience and to rationalize and institutionalize a system to make the requirement more effective and efficient for the benefit of all concerned. This logbook of Diversified Experience is a result of the reconciliation of an architect's moral duty under the Code of Ethical Conduct and the trainee' s obligation to acquire diversified exi>erience and as required by law. This logbook when faithfully accomplished is specif.ic and reliable record of diversified experience that establishes to the ·satisfaction of Board of Architecture, an applicant' s qualification for admis· sion to take the licensure examination as required by law.
tne
DATE OF EXAMINATION Examrnation "shall be given twice·a year in the City of Manila and othe! places where conditions may warrant on the second Mondays, Tuesdays, and Wednesdays of January and July provided such days do not fall on a holiday, in which case the working day following will be the day of examination." Since passing the examination will lead directly to the issuance of certificate .of registration by the Board of Architecture and corporate membership in the United Architects of the Philippines, it is designed to test if the candidate has reached a desirable standard of professional competence and proficiency.
OBJECTIVES Of: LtCENSURE EXAMtNATION a. to test knowledge of subject matters , intellectual abilities and skills, apptication , analysis, synthesis and evaluation; b. to test the student proficiency in architecture and his knowledge, professional practice and ability to apply it; and to reveal his understanding of the ethics and responsibility of the professional; c. to assess the practical diversified experience he has gained. The arrangements for a diversified training program are designed to guarantee that the
33
qualifying candidate will not fail in llis professional responsibilities. The program acts as a complement to the theoretical knowledge he has learned in school so as to supply the can· didate w ith the experience which cannot be learned by other means. OT Form 001 and OT . Form 002 are included in every Logbook which gives the rules for the scheme and discusses the varieties of experience encourage. Professionalism under.(B) involyes a matter of judgment. and the examination is designed to reveal a candidate's competence and his ethical standards and character. SYLLABI & CONTENTS Of SUBJECTS OF LICENSING EXAMINATION FOR ARCHITECTS 1 . ARCHITECTURAL DESIGN AND PLANNING - 40% .
·Physical & ·land use Planning, Environmental Planning, Urban Planning & Design Space Planning, Utilllatlon and Programming; Interior Design; Site Development Planning; Site f'(anning. Selection Analysis and Utilization~ Landscape Architecture; Town and .City Planning; Architectural Detailing; Architectural Programming; Community Architecture; Sub-division Planning; Housing Design; Tropical Design; Building Design; Monumental Design; Architectural Design of Engineering Structures. 2. STRUCTURAL DESIGN AND UTILITIES SYSTEMS - 30% · Architectural Structures; Building Technology; .Reinforce~ Concrete; Steel Design; Timber Design; Theory of Structures; Stress Diagrams. Soil Mechanics; Seismic Analysis and Design Application; Mechanical, Electrical , Plumbing, Sanitary and Utilities Systems and Equipment; Architectural Lighting; Acoustics and Lighting. · 3 . ARCHtTECTURAL PRACTICE AND HISTORY OF ARCHITECTURE - 30% Specifications; Professional Regulatory Laws; RA 545; PI;> 223; LOI 1000; National Building Code;· Fire Code; Zoning Regulations; BP 220; PO 957 (Subdivision Law), Project Feasibility, Financing. Programming, Promotional Studies; Estimating; Architects National Code; Standards of Professional Practice UAP Doc. 201 208; Code of Ethical Conduct UAP Doc. 200; Contract Documents and General Conditions UAP Doc . 301; Documents of UAP Organization; Building Materials; Systems and Methods of Construction; Construction Management Works Supervision; Construction Administration; Building Administration; Construction Scheduling; History ~nd Theory of Architecture; Filipino Architecture; Legacies and Conservation. RATINGS AND PASSING AVERAGE A general average of 70% with no subject lower than 50 is .required to pass the examination. RE-EXAMINAliON An applicant who for the third consecutive time fails to pass the examination shall not be allowed to take another until at least one year has eiapsed his last examination.
after
A. GUIDANCE NOTES FOR TRAINEES
1'. OBJECTIVE The purpose of r.ecording in detail in the logbook the scope and period of practical diversified experience gained is to meet the requirement that those who shall take the licensure examination for Architects have had sufficient diversfied e)(J)8t'ience neces·
34
sary and duly recorded, in compliance with the provisions of A.A. 545 .and pertinent · to the Board of Architecture Resolutions. 2. NEED FOR ADVISER
It is advisable for the Trainee to choose his own Adviser. The Trainee shall: a. Report to the Adviser at least once a month to assess and certify the progress and work or training accomplished. b. Notify the Adviser of any change of training venue and status.
3. PLANNING YOUR ~ACTICAL TRAINING In planning your training program. do bear in mind that the rules and time limits are simply minimal and intended to guide you into the pattern of training that is likely to prove most effective. but it is the Board of Architecture who will finally decide whether your practical training has been adequate upon favorable recommendations by the UAP. The rules are drawn broadly so as to allow for complementary periods of training .
4. RANGE OF PROFESSIONAL ACTIVITIES During the required minimum period of two (2) years (3840 hours) the trainee should. seek opportunities whenever possible to participate in or at least observe the follow· ing activities. in coordination with his mentor. a. Meetings with clients, including discussions oi the brief and project drawings. b. Preliminary site investigations. meeting witr. local authority ofticials; c. Preparation of design and production drawing, specifications-and schedules; d. Meeting with contractors. surveyors, structural, mechanical, sanitary eng"ineers and other consultants; e. Pre-contract job management, contract, procedures, correspondence and reports; f. Site visits, site meetings with members of the construction industry; g. Post completion procedures. defects liability inspections and; h . Office procedures and o~ganization. Not all these activities are always available but a deficiency in your record may be treated objectively by the board of Architecture provided you may have every effort to compensate for the omission. For instance, a lack of experience in contract ad· ministration will be mitigated by a deliberate study in your own time subject to the recommendations of your Adviser. Your aim should be to maximize for educational ends the particular kinds of experience which the mentor is able to provide. 5. WORK EXPERIENCE UNDER ALLIED PROFESSIONALS
Work experience under licensed allied professionals may be credited provided, these. · are under the supervision of allied professionals concerned. The scope is obviously very wide and you must ask yourself just how valuable in each case the experience will be to you from a professional view point. Two weeks spent in a constructor's firm as a "checker" in the job site will give a trainee an excellent appreciation of the constructor' s work. Two months would have been an extravagance. Consult your Adviser in all such cases. /
6. QUALITY OF EXPERIENCE
The Board of Architecture will be concerned with the quality of your experience as wit~ its diversity. Much will depend on the way you approach the job and the con-
35
fidence you inspire in your mentor. The aim should be to use each task as an educational exercise as well as in gaining experience : If for instance, you are asked to prepare a contract for a small house, work out (in your own time) a critical path network and compare your forecasts with actual progress. On the site you should make a slump test and check levels dimensions and perpendiculars in order to gain experience in judging tolerances that are acceptable. Effective inspection of building work is a most important field of experience to acquire.
7. BASIS OF COMPUTATION OF TRAINING PERIOD The total number of hours that a full time trainee will earn in two (2) years is as follows: At eight (8 l five (5 l forty-eight 148) equals 8 x 5 x 48
=
hourS/day days/week work weeks/year 1,920 hours/ year or 3,840 hours in two 12) years
In no case, shall the diversified training period be less than a total of 3,840 hours.
8. THE LOGBOOK The trainee must secure a registered copy of the official Logbook as approved by the Board of Architecture. Professional Regulation Commission from the United Ar· chitects of the Philippines for an amount to cover cost only, duly approved by the Commission. For records of training and experiences _in architecture and allied professions the trainee should-fill up DT form 001 citing the synopsis of work completed under a men.tor. The trainee must accomplish DT form 002 showing a summary of the total number of hours required credit for each field of practice. DT form 003 must indicate a summary of the training venues, listing the mentors and advisers. Should additional forms be needed, these 'can be obtained from the UAP Secretarial. 9. MATERIALS NECESSARY IN TRAINING PROGRAM When undergoing training, a trainee should supply himself with his own drafting equipment and materials like, T -squares, triangles, technical pens, pentel pens, colored pencils, tracing papers and others that are necessary to the execution of work, unless otherwise offered by the mentor. 10. DUTIES AND RESPONSIBILITIES OF THE TRAINEE a. b. c. d.
To select an Adviser and to consult him regularly. To seek placement with mentors or firm for di-versiiieti tra\ning. To accomplish the required forms (jf the Logbook. To observe and follow all office rules and regulations issue
1 1 . DISCIPLINARY ACTION Failure to comply with any of the duties and responsibilities of the trainee as stipulated
36
above shall be subject to disciplinary action or termination of training which may be appealed to the Board and the Commission. B. GUIDANCE NOTES FOR MENTORS OF TRAJNEES
1 . OBJECTIVES The purpose of the logbook ·of practical experience is to ensure that those wt-to shall take the licensure examination for architects have had sufficient diversified experience necessary in compliance with the provisions of R.A. 545. Article 1, Section 18-C, which states "xxx has a specific 1'ecord of at least two (2) years of diversified experience ..... XXXXXXX." Resolution No. 9-A series of 1979 by the Board of Archit'ecture, Professional Regulation Commission pursuant to Sections 2 and 8 of R.A. 545, as amended, adopted UAP Document 200 (Code of Ethical Conduct) among others as the National Code for Architects as part of the Rules and Regulations governing the practice of Architecture in the Philippines (September 24, 1979); One of the provisions of the Architects Code of Ethics (UAP Doc. 200} states: "I shall inspire by my beha'vior the loyalty of any associates and subordinates and take upon me the mentorshipof the aspirants to the prc.fession." This provision constitutes a protessionat obligation and duty on the part of an architect to act as mentor and train an aspirant or candidate to the profession. 2 . MENTOR' S RESPONSIBILITIES
There are two major undertakings by the mentor which should be regarded as setting a minimum standard. a. fo give the trainee ·~easnnable opportunities to gain an adequate breadth and depth of experience from ·the range of professional activities describ-ed in the Logbook. b. To undertake direct supervision of trainee if mentor is practicing alone. or member of firm, _g overnment or private agency or faculty member of school, related to ar· chitecture. If head of a firm, to assign or designate a qualified Architect who will be responsible for the trainee's work so that adequate experience is obtained. 3 . EXPECTATIONS FROM A TRAINEE Many trainee during their first few weeks in an office tend to be judged on their ability to draw and detail. Some may compare unfavorably in skitts against a good draftsman. It is important to remember, however, that courses in architecture cover a wide range of subjects and have become much broader considering the new five-year ladder type curriculum. The trainee's particular skills and interest should therefore be established, in a wide range of more advanced work, such as aspects of user requirements, environmental control of integrated design schemes. 4. ARE MENTORS OBLIGED TO RETAIN AN UNSATISFACTORY TRAINEE? No.I But before making the decision to terminate his training, Adviser assigned to the trainee would appreciate an opportunity to discuss the matter with the mentor and with the trainee. Trainee who are obtaining satisfactory practical training are generally advised to remain with the.same mentor. 5. WHAT HAPPENS IF THE MENTOR'S WORK IS REDUCED UNEXPECTEDLY? If this happens, the mentQr may retain the trainee and assign him /her to do research
37
works within the various areas of training for not more than 3 2 0 hours. However, pro· blems in this regard may be taken up with his/her Adviser, and if practicable, to be transferred to another Mentor. 6 . WHAT USE IS THE DIVERSIFIED TRAINING (OTl fORMS OF ACCREDITATION OF PRACTICAL EXPERIENCE?
First, as a checklist for both the tfainee and mentor in ensuring that a broad .coverage of diversified experience is given as opportunity allows; Second, as an easily assessed and specific record, which w ill show to the satisfaction of the Board of Architecture the diversity of a candidate's training . IS IT NECESSARY TO GIVE EVERY KIND OF EXPERIENCE INCLUDED IN THE LOGBOOK OF DIVERSIFIED EXPERIENCE?
It is intended that every trainee should necessarily obtain all the different kinds of experience from one mentor. A trainee with an imbalance in the training gained during his first year witl obviously bear this in mind when applying with other men· tors or offices for the second period . The trainee should aim to make the most of the particular opportunities available at the time. The initiative in this respect must be the trainee's and should seek guidance from his Adviser on what is reasonable to expect in any circumstances.
8. QUALIFICATIONS OF A MENTOR a. Must be a Corporate member of the United Architects of the Philippines for at least one (1 } year. b. Must be in the active practice of his profession whether in private or government sector including teaching and allied professional undertakings. 9. DUTIES Of THE MENTOR
a. Open opportunities for the trainee to undergo diversified experience. b. Supervise the trainee in obtaining diversified experience in Architecture. c. Ensure that the record or logbook is properly kept and regularly discussed with the trainee . d . Coordinate with the Adviser of the trainee the progress of his training. 10. DISCIPLINARY ACTION
The trainee shall be subject to disciplinary action by mentor or termination of training for violations of rules and regulations set forth by the mentor or firm. Serious viola· tions may be brought by the Mentor to the attention of the United Architects of the Philippines which, after due process, may recommend action to the Board of Architecture, which action may be appealed to the Commission. 11 • COMPENSATION
The mentor is not obliged to accept or co1npensate any trainee . Renumeration of an · undergraduate or graduate is optional to the mentor.
C. GUIDANCE NOTES FOR ADVISERS OF TRAINEES . 1. OBJECTIVES
The purpose of 'the accreditation of practical experience is to ensure that those who shall take the licensure examination for Architects have had sufficient diversified ex-
38
perience necessary in compliance with the provisions of A.A. 545, Article 1, Section 18-C, which states: " ... has a specific record of at least two 12) years of diversified experience ... ''. 2. ROLE OF THE ADVISER
a. Assist the trainee in the compliance of the logbook. .b. Assist the trainee to look for a mentor, if necessary. RULES OF TRAINING 1. The minimum period of diversified experienC9 required is two 121 years or a total of 3840 hours. 1
2. The minimum of two years diversified training in all cases be spent in an architectural or allied professional firms, under the direct supervision and guidance of a UAP Corporate Member. 3. Practical training must include the range of professional activities set fourth in the Logbook, which must be duly signed by the Mentor and countersigned by the Adviser. (See DT Form -001 ). 4. The trainee must sign every form {DT Form-001 and DT Form-002) certifying that the · record therein is true information of his diversified training and experience in architecture. 5. The forms come in duplicates. The original forms which state "to be submitted to the Board of Architecture , PRC" must be detached from the logbook . Duplicates will be retained for the trainees' personal file and records. Do not submit the whole logbook . 6. The Board of Architecture will only consider a candidate's practical diversified training which is properly recorded in his registered Logbook, issued only by the United Architects of the Philippines, through the schools/coll eges of Architecture in the Philippines. Candidate should register in person for the Board licensure Examination. All the properly accomplished forms in the Logbook of Diversified Experience in Architecture (ORIGINALS} shall be submitted to the Board of Architecture one month before the examination . . OETAILED AREAS OF TRAINING
This list of training areas for architectural competency where the trainee should gain experience during the practical training are the services which are necessary to protect the public health, safety and welfare of users of building that architects design. These services are useful in the formulation of subject areas where the trainee should gain experience before taking the examination for Architects given by the Board of Architecture, PRC. It is important to always bear in mind that during your training you should sharpen your: a. b. c. d. e.
Analytical and perceptual ability Conceptual and synthetic process Creative and artistic talents Management and coordination competency Communicate talents covering graphic. numeric, literary, manipulative and verbal skills.
The following are specific areas of training and corresponding time percentage within the scope of the practice of architecture as stipulated under Resolution No.9, Series of 1982, dated February 22, 1982 of the Board of Architecture which trainees shall therefore be re· quired to undertake: A. Architectural Drafting, Designing, Planning and the Like (25%}
39
1. Space programming and Planning .t'.rchitectural Programming. 2 . Building Design 3 . Environmental Site Analysis and Design; Site Selection, Analysis and Utilizat ion; Site Development Planning; and Site Planning. 4 . Town and City Planning; Urban Planning and Design; and Subdivision .Pianning. 5. Physical and Land Use Planning; Community Architecture; and Landscape Architecture . 6. Housing Design, Architectural Design and Architectural Detailing. 7 . Interior Design; and Interior Detailing and Furnishing.
B. Preparation of Contract Documents. Specifications Writing and the Like (26%)
1. Preparation of working drawings, specification and other Contract Documents. 2. Preparing General Conditions and Construction Specifications. 3 . Preparing Project Feasibility, Financing, Programming and Promotio'nal Studies.
C. Clerk of Works and the Uke {15%t
1 . Construction Management 2 . Building Cost Estimating 3. Building Materials Purchasing 4 . Materials and Equipment Warehousing 6 . Construction Scheduling:PERT-'CPM 6. Construction Records and Time Keeping
0 . Superintendence and the Uke 110%) 1 . Works Supervision
2. Construction Administration 3. Building Maintenance and Administration 4 . Project Management E. Structural Design and Allied Engineering Fields (15%)
1 . Structural Designing, Drafting, Computations and the lik.e. 2. Mechanical, Electrical, Sanitary and Utilities Systems Equipment Selection and Plan· ning. 3. Architectural Lighting and Acoustics 4. Computer Study and Operation. F. Ancillary Services and the Like (10%1 1. 2. 3. 4. 5.
Assisting in Teaching Architectural Subjects Building Material and Equipment Sales and Servicing. Assisting in government public works projects. Building , Planning and Zoning Regulatory Functions Architectural legacies documentation, Res.earch and Restoration Work.
ACTIVITlES The following are activities that constitute synopsis of work that the trainee can perform in gaining experience in various training. During your initial encounters with the various fields of activity, seek assistance from your superiors and the more experienced. As mentors of the architectural profession they will gladly give you encouragement and support. 1 . Office meetin~s. brainstotrning and coordination works. 2. ConferencE> with rtients. 3. Meetings with local authorities
40
4. Prepar~tion of presentation materials, audio-visual aids, scaled models and other promotional studies. 5. Preparation of minutes and reports 6 . Site visitations and inspections 7. Preparation of architectural and structural design documents. 8. Architectural drafting and preparation of contract drawings. 9. Materials selection and specification writing. 10. ·cost planning, quantity estimating and cost controlling. 11 . Meetings and brainstorming with design team. 1 2 . Conference with building team 1 3. Office management, general administration and procedures. · 14. Pre-contract job management 1 5. Construction administration and works supervision. 16. Post-Construction and building operations . These activities together with the list of training can be utilized as a checklist in monitoring the practical experience you have gained during your tenure of traini~g.
H U DCC -
Housing and Urban Development Coordinating Council {an office mandated to coordi· nate and supervise the government's housing agencies.lt is also tasked with monitoring the perlormance of the housing sector, and is also involved in r&search and policy formations and policy advocacy. The HUDCC administers the government's national shelter program. Under the HUDCG structure, the SSS, the GSIS, and Pag-lbig are the frontliners. Thls also include the UHLP and HDMF. Below are the key housing agendes, the NHMFC. NHA, HLAB, and HIGC which are direct HUDCC supervision. The support agencies are the DBM, NEDA, DBP, OF. OPWH, and Representatives of four private sector organizations, which may be from SHOA. CAEBA, REBAP,PARE B. NAR, UAP, etc.)
A.. FRONTUNERS
8.
SSS
-
Social Security System (coverage in the SSS shall be compulsary upon all employee.s not over sixty years of age and their employers for the private sector)
GSIS
- Government Service Insurance System (The insurance system for the Public Sector)
PAG-IBIG
- Pag-lbig Fund (a provident savings fund for housing open to most private ent~ies)
UHLP
- Unified Home Lending Program (This is administered by NHMFC from funds constributed by SSS, HDMF and GSIS)
HDMF
- Home Development Mutual Fund (The HDMF administers the Pag-lbig fund, it ent~les Pag-lbig members who are public and private employees as well as the self-employed to housing loans).
KEY HOUSING AGENCIES
NHMFC
- National Home Mortgage Finance Corporation (The agency mandated to administer mortgage take-outs of buyers originated by banks and developers, faced with administrative problems in loan processing like shortage of evaluators, and computers as wall as power outages.}
41
NHMFC is tasked with the generation of a continuing aouroe of fund for housing through the seoondary mortgage market system that seeks to attract private investments Into housing. This system takes the risks from private investors who are in HFC's main functions to attract private sourcfi of capital for home financing. n provides mortgage credit Insurance by acting as guarantors of individual home loans to assure the payment of said mortgage loans. ll is also directly involved in providing construction and development finance for housing. NHA
- National Housing Authority (The Af,jeney tasked for the building d housing units and residential condominJums. The NHA also facilitates joint venture projects among landowners, developers, financial institutions and local governments.) It is responsible for undertakIng housing development and resettlement and for prescribing guidelines and standards for the reservation, conservation, and utilization of publlc Ianda identified for housing and resetttement.
HIGC
- Home Insurance Guarantee Corp. (insuring the subdivisions and also a lending entity)
HLRB
-
Housing and Land use Regulatoty Board (The government's principal regulatory body in housing and land development.) h is to enforce, implement, coordinate and streamline land use policies and regulations on human settlements, including the implementation and enforcement of the Ulban land Reionn Deaee, and value and building rental regulatlons and other related laws. The approval of preUminary and subdivision schemes and development plans of all subdivisions for residential, commercial industrial and other purposes of the pubtic and private sector, is now being transferred to the LGU - (local government units) as per the new local government code.
C. SUPPORT AGENCIES OBM
-
Department of Budget and Management
NEDA
-
National Economlc and Development Authority
DBP
-
Development Bank of the Phifeppines
OF
-
Department of Finance
DPWH
-
~partment
of Public Works and Highways
D. PRIVATE SECTOR ORGAHIZAllONS SHDA
-
Subdivision and Housing Developers Association, Inc.
CREBA -
Chamber of Realtors and Builders Associaton
REBAP -
Realtor$ and Builders Association of the Phils.
PAREB
-
Philfppine Association of Realtors and Builders
NAR
-
National Association of Realtors
UAP
United Architects. Phils.
E. OTHERS PEA USAid
Public Estates Authority (An agency tasked to implement relocation of squatter families.) -
United States At;ymc:tj for International Development
PADCO -
Planning and Development Collaborative international
NUOHF -
National Urban Development and Housing Framework (The comprehensive development plan urban and urbanizable areas intended primarily to uplift the conditions of the underpriveleged and homeless citizens in Urban areas and in resettlement areas.
This consist of volume I for macro framework for national development and housing, while volume It covers the guidelines for local government units, including town planning guidelines in condensed form, shelter P*tnning guidelines, implementing rules and regulations.
42
NATIONAL BUILDING CODE IMPLEMENTING RULES AND REGULATIONS RULE 1 BUILDING PERMIT APPLICATIONS A. DEFINITtONS 1 . BUILDING PERMIT - a written authorization granted by Building Official to an applicant allowing him to proceed with the construction of a specific project after plans, specifications, and other pertinent documents have been found to be in conformity with the National Building Code (PO 1096} and its implementing rules and regulations. It includes any or all of th~ Permits enumerated under Section 1 of Rule 11 1. {see page 49B 2. CONSTRUCTION - all on-site work done from site preparation, excavation, foundation; assembly of all the components and installation of utilities and equipments of building/structures. 3. ERECTION - Installation in place of components of a building/structures. 4. ADDITION - Any new construction which increases the height or area of an existing building/structures. 5. AlTERATION - construction in a building/structure involving changes in the materials used, partitioning, location/size of openings, structural parts, existing utilities and equipment but does not increase the overall area thereof. 6 . RENOVATION - Any physical change made on a building/structure to increase its value, utility and/or to improve its aesthetic quality. 7. CONVERSION - a change in the use or occupancy of a building/structure or any portion/s, thereof which has different requirements. B. REPAIR - Remedial work done on any damaged or deteriorated portionls of a building/structure to restore its original condition. 9 . MOVING - The transfer of a building/structure or portion/s thereof from its original location or position to another, either within the same lot or to a different one. 10. DEMOLITION - The systematic dismantling or destruction of a building/structure. in whole or in part. 11 . ANCILLARY BUILDING/STRUCTURE - a secondary building/structure located within the same premises the use of which is incidental to that of the main building/structure.
B. BUilDING PERMITS: No person, firm, or corporation, including any agency or instrumentality of the government shall erect, construct, alter. repair, move, convert, or demolish any building or structure or cause the same to be done without first obtaining a building permit therefore from the Building Official assigned in the place where the subject building is located or the building work is to be done. However, a building permit shall not be required for the following constructions and-repairs: provided that said constructions or repairs shall not violate any provisions of the Code and its implementing Rules and Regulations:
a. Minor Constructions: 1. Sheds, outhoiJses. greenhouses, children's playhouses, aviaries. poultry houses
44
and the like. not exceeding 6 sq. m. floor area, provided they are completely detached from any other building and are intend~d only for the private use of the owner.
2. Addition of open terraces or patios resting directly on the ground, not exceeding 20 sq. m. in floor area. exclusively for the private use of the owner.
3. Installation of Window grilles. · 4. Garden pools for the cultivation of water plants and/or aquarium fishes not exceeding 500 millimeter {0.50m) in depth. 5. Erection of garden walls other than party walls not exceeding 1.80 meters .in height, cementing, of footpaths, garden walks and/or driveways.
b. Repairs: 1 . Repair works not affecting or involving any structural member, such as replacement of deteriorated roofing sheets or tiles, gutters, downspouts, fascias, ceilings and/or sidings.
2. Repair of non-load bearing partition walls.
3. Repairs of any interior portion of a house not involving addition or alteration. 4. ·Repair and/or replacement of window and floorings. 5. Repair of perimeter fence and walls.
6. Repair and/or replacement of sanitary or plumbing fixtures, such as toilet bowls and cisterns, urinals and bidettes. pipes. fc.ucets, valves, water pumps and/or tanks.
7. Repair or replacement of faulty or deteriorated wiring devices, fixtures and safety devices, provided that no alteration shall be made on the service entrance and the main switch or breaker, and that no additional circuits shall be added. C. REQU,REMENTS Any person desiring to obtain a building permit shall file an application therefore in writing and on the prescribed form. (see. page 490, 492 and 4941
1. Together with the accomplished application form the following shall be submitted to the office of the Building Official: a. ln case the applicant is the reg)stered owner of the lot. 1 . Certified true copy of TCT (Title)
2. Tax Declaration 3. Current real property tax receipts (all xeroxed in 3 copies! b. In case the applicant is not the registered owner of the lot.
1 . Duly notarized copy of the contract of lease or 2. Duly notarized copy of the Deed of Absolute Sale, or 3. Duly notarized copy of the contract of sale. Five (5) sets of plans and Specifications, and Bill of Materials, Prepared, signed and sealed. {see page 4601 a. b. c. d.
by a duly licensed architect in case of architectural. by a duly licensed civil engineer for structural plans. by a duly licensed electrical engineer, in case of electrical plans. by a duly licensed sanitary engineer or master plumber, in case of plumbing or
45
sanitary installation plans. e. by a duly licensed professional mechanical engineer, in case of mechanical plans. 2 . The Building permit fQrms shalt be accomplished and s\gned by the Architect who prepared the plans and also the architect who will be in charge of the construction. The owner shall also sign the form. (see page 490)
3. The application for electrical permit form shall be duly filled up and bear the signature of 'the Electrical Engineer who prepared the Electr ical plan and also the signature of the Electrical Engineer who is in charge of the installation. fsee page 4921 4. The application for plumbing/sanitary forms shall bear the signature of the sanitary or master plumber who prepared the plumbing plans and the signature of the plumber in charge of the plumbing installations. (see page 494l 5. Logbook tsee page 521 NOTE: Plans and Specifications shall not be required f or: a) Tra
(P1 5,000.00). b) Single detached dwellings up to 20 sq. m. in floor area. For a or b, a simple sketch with map, will suffice.
~imensions ,
5 .1 ARCHITECTURAL DOCUMENTS:
NOT TO SCAL.E
46
accompanied by a site location and vicinity
a. Location Plan within a two kilometer radius for commerciaL industrial, and institutional complex and within a half-kilometer radius for residential buildings at any convenient scale.
SITE PLAN Scale 1:200
m
b. Site Development Plan at scale of 1':200 m. Standard or any convenient scale for large-scale devek>pment showing position of building in relation to lot, existing buildings within and adjoining the lot shall be hatched and distances between the proposed and existing, buildings shall be indicated.
c. PERSPECTIV E d . Floor Plans at scale of not less than 1:100 m for a small residence. a scale of 1:50 is good. e. ELEVATIONS -
at least four (4)
f. Sections - at least two (21 g. Foundation Plan at scale 1 :100 or more h. Floor -
framing Plan
i. Roof - framing Plan j. Details of Footing/Column at any convenient scale. k. Details of Structural Members, like stairs.
I. Balconies, Trusaes, Beams. etc. arch'l details like closets, cabinets etc.
5.2 STRUCTURAL ENGINEERING DOCUMENTS: a. Design analysis shall be required for all buildings or structures except for the following. 1 . Traditional indigenous family dwellings 2 . Single detached residential buildings with a total floor area up to 20.00 sq. m . b. Boring and Plate Load Tests (Soil Classification) required only for buildings or structures of four (4) stories and higher:
47
PER.SPC:C.i\VE.
48
SEC. 25 RA 545 Drawings and specifications duly signed, sealed or stamped, as instruments of service. are the property and documents of the architect, whether the object for which they are made is e~ecuted or not. It shall be unlawful for any person, without the writter~ consent of the architect or author of said documents. to duplicate or to make copies of said documents for use in the repetlti011 of and for other projects or buildings, whether executed partly or in whole.
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c. Seismic Analysis (Earthquake Forces) Every building or structure and every portion thereof except single detached buildings, duplexes, housing, church rectories which are less than 7.5 meters in height, shall be designed and constructed to resist stresSGs produced by lateret forces. 5.3 SANITARYIPLUMBING:
a. For new, additional or altered ·plumbing Installation not exceeding twenty (20) units, the engineering documents signed and sealed by a duly licensed master plumber shall include the following~ , . Plumbing Plan and Layout 2. Isometric Drawing 3. Guide Specifications and Bill of Materials 4 . 'Estimate of Cost (for statistical -purposes only) b. For new Sanitary Installation with more than twenty (20) units of plumbing installations. water supply, storm drainage, water purification and sewage treatment plant, applications shall be accompanied by sanitary plans and specifications signed and sealed by a·duly licensed Sanitary engineer. 1 . Sanitary plan, layouts and details.
2. Isometric drawings of roughing- ins of sanitary drainage, ventilation lines, hot and/or cold wateT distribution/supplies to plumbing fixtures and equipment 3. Detail drawings of Imhoff tanks/septic tanks in the absence of disposal to the street sanitary sewer. 4. Riser diagram of drainage including details of miscellaneous appurtenances such as manholes, junction boxes catch basins, water/sewer/storm drainage connections. 5. Design Analysis, technical specifications. 6. Estimate of Cost (for statistical purposes only) 7. Detail drawings of deep well water source and water-treatment device in the absence of municipal water system. 5.4
MECHA~ICAL:
a. The corresponding plans and specifications for 50 Hp or more, signed and seated by a duly licensed, Professional Mechanical Engineer shall contain the following: 1 . General layout plan for. each floor, to a scale of not less than 1 :, 00 m indicating the equipment in heavier lines than the building outline. Names of machinery and corresponding brake horsePQwer shall be indicated. 2. Longitudinal and Transverse action drawn to scale of at least 1:100 m showing interfloor relations and defining the manner of support of mitchinery (whether through building structure, by separate staging, or by foundations resting on the ground). 3. Isometric drawing for piping syatem showing: a. Assembly of pipes on rocks and supports. b. Complete individual piping system indicating terminal to terminal valves, fittings, sizes and color codings. 4. Plan indicating location of store rooms, fuel tanka, fire extinguishing system,
50
fire doors, fire escapes. ladders and other similar fire protective facilities. 5. Plans of all duct w ork installations , indicating dampers, controls. filters, fireproofing, acoustical and thermal insulation.
6. Detailed plans of machinery foundation and supports drawn to scale 1:50 m. 7. Detailed plans of boilers and pressure vessels with a working pressure of above 10 psi regardless of HP rating . 1:50 m. 8. Computation and detailed plans of elevator, escalators and the like.
9. Complete machinery list, showing a. Name and type of machinery b . Make and catalog number, size, model sedal number, capacity. c. Revolution per minute (RPM) and drive (direct, V-belt or flat-belt, gear reducer hydraulic, magnetic, chain or line shafting). d. Motor or Prime Mover Showing
1 . ICE (International Combustion Engine) a. Horsepower Rating (HP) b. RPM (revolution per minute) c. Total horsepower d . Fuel e. Use
2. ELECTRIC MOTOR: a. Horsepower (HP) rating RPM !revolution per minute) Voltage Chase Cycle Current g. Kilowatt (kw) h. Use
b. c. d. e. f.
10. Flow Sheets for processing plant, manufacturing plant or Assembly plant. b. For all installations, additions or alterations involving machinery of at least 20 HP the signature of the applicant shall be sufficient. c. Estimate cost of Installation and Equipment shall be submitted. 5. 5 ELECTRICAL For new electrical installation with more than twenty !20) outlets or a capacity of more than a 4 Kw, of any voltage, application shall be accompanied by electrical plans and specifications signed and sealed by a duly licensed professional electrical engineer, containing the following:
1 . General Electrical Layout with Legends
2. Single line Diagram 3. Riser diagram 4. Schedule of Loads 5. Design Analysis 6. Estimate of Cost 6. LOGBOOK AND STANDARD DRAWING SHEETS 7 . Whenever necessary, written certifications/ Clearances shall be obtained from the various government exercising regulatory functions affecting buildings and other
51
related structures, such as the: Housing and Land Use Regulatory Board HLURB (formerly the Human Settlements Regulatory Commission HSRC) zoning and land use National Housing Authority (NHA) For subdivision and residential condominium National Pollution Control Commission (NPCC) For pollution abatement and control Measures. Ministry of Tourism (MOT) For Tourism Oriented Projects Civil Aeronautics Administ ration (CAA) For height clearance for constructions near airports. Philippine Ports Authority (PPA) For constructions in port zones, etc. LOGBOOK PROJECT ·------- -- - - -- -- -- -- - - - - - - -- -- - - - - -
DA I LY I. W EATHER CONDITION:
AM
SITE
REPORT
PM
II. MANPOWER AVAILABILITY
·®·
EVENING
steelman
carpenters masons laborers utility men
9
c:::::::::J ~="' c:::J 3
6
6
supervisor to reman
COl.OfiCOOE
12
12
----
Foggy light rain r::::=::J Heavy rain
c::=J
Typhoon
electricians plumbers painters tinsmiths
Ill. CONSTRUCTION ACTIV\'T\ES: (Structural. Sanitary, Electrical. Mechanical, Architectural, etc.) IV. EQUIPMENT UTILIZATION V. CORRESPONDENCE - received & transmitted VI AGREEMENT, DECISIONS MADE VII. IMPORTANT VISITORS/PURPOSES
RULE II
PROCESSING OF APPLICA'liONS FOR BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY
A. BUllDlNG PeRMITS 1. VERIFICATION OF LAND USE AND ZONING COMPATIBIUTY a. The appficant goes to the zoning administrator who shall first verify conformity of the proposed building with the land use plan and zoning regulations of the City/Municipality.
52
{The building official acts on this in the places where there is no zoning administrator\. 2. FILING OF APPLICATION:
a. When satisfied that all documents, plans and specifications accompanying an application are in order . The Building Official gives due course to the application. b. Upon receipt of application the Building Official refers one t 1) set of plans and specifications to the chief of the Local Fire Service !CLFSl for his evaluation, review and /or r-ecommendation w ith res pect to fire safety and control requirements . The CLFS is given five days to act and submit this report to the Building Official .
3. LINE AND GRADE VERIFICATION: a. Building Official establishes and/or verifies lot as reflected in the Torrens title or TCT and its relation to the proposed building. b. Building establishes setbacks and determines grades in relation to road lots, property lines, streets or highways whether existing or proposed, as reflected in the land-use, zoning or development plan of the City/Municipality including road widening and construction of various public utilities and other infrastructure projects. 4. PROCESSING OF APPLICATIONS
(Corresponding Technical Staff evaluates bidding documents as to technical requirements for:) a) Architectural types of construction 11equirements ot Fire Zones Light and Ventilation Building Projections over public streets General Design and Construction Requirements Classification and General Requirements by use or occupancy. Signs bl Structural Structural design requirements Fire resistive requirements on construction Excavations. foundations and retaining walls The use of Computers Pre-fabricated Construction c) Sanitary/Plumbing - Sanitation d) Electrical - Electrical Regulations el Mechanical - Mechanical Regulations fl Fire Safety and Control - Fire extinguishing systems (The required . Fees under each Technical documents concerned shall be paid to the Public Works Cashier and then the receipts to be submitted to the assistant of the Building Official who is in charge of the Processing of the permit}.
5. FINAL EVALUATION a) The Technical Staff prepares assessment o f corresponding fees, including the 0 . 1% (or 10% of 1% = .001 or simply ~1 .00 for every 11"1 ,000.00 estimate) for example if the total permit is t-400,000 Multiply by .001 = P400.00 permit fee or J-400,000.00 divide by fD1 ,000.00 == ~400.00 Fee) FIRE FUND FEE. This is paid to t he fire dept. and a receipt is issued. 6 . ISSUANCE OF BUILDING PERMIT: a) When satisfied that the work described in an application for building permit and the plans and specifications submitted herewith, coniorm to the requirements of the Co de as well as of these Rules., the Building Official shall, within fifteen days from p ayment of the required f ees by the applicant, issue the building permit applied for. b) The Building Official may issue a permit for the c'onstruction of only a part or port ion of t he building or structure whenever the plans and specifications submitted together with the application do not cover the entire building or structure . c. The Building official may issue a permit for foundation and basement even while the application is still being processed, and shall charge corresponding fees therefor in accordance with pertinent provisions of rule 111. The fee so collected shall be deducted from the total building permit fees. 7. NON-ISSUANCE, SUSPEN SION OR REVOCATION OF BUILDING PERMITS: a. The Building Official may order or cause the non-issuance. suspension or revocation of building permits on any or all of the following reasons or grounds : 1 . Errors found in the plans and specifications. 2 . Incorrect or inaccurate data or information supplied. 3 . Non-compliance with the pertinent provisions of the Code or of any r ule or regulation issued thereunder. b. Notice of non-issuance, suspension or revocation of building permits shall always be made in writing, stating the reasons or ground therefor. 8. TERMS CONDITIONS OF PERMITS: a. Approved plans and specificatio.n s upon which the issuance oi the permit has been based shall not . be changed, modified or altered without the approval of the Building Official and the work shall be done strictly in accordance thereto. b. The issuance of a building permit shall not be construed as an approval authorization to the permittee to disregard or violate any of the provisions of the Code. ~-
Whenever the issuance of a permit is b ased on approved plans and specifications which are subsequently found defective. the Building Official is not precluded from requiring permittee to effect the necessary corrections in the said plans and specifications or from prevent ing or ordering the stoppage of any or all building operations being carried on thereunder which are not in acc ordance wit h the Code and/or this Rule.
d. In the actual execution of the project, the architect or civil engineer in charge of the construction w ork may hi re the services of one or more project inspectors/to assist in the full time inspection and supervision of all aspects of the construction. Said project inspector/s must be professional/s who is/are duly registered architect/s, engineers. master electrician/s master plumber/s. etc. qualified in their respective disciplines.
54
e. The owner shall put up a sign complying with the prescribed dimensions and re· quired information. Such sign shall remain posted on the construction site for the duration of the construction. isee pag~.; 497!
9. VALIDITY OF A BUILDING PERMIT: A building permit issued under the provisions of the Code shall expire and become null and void if the building or work authorized therein is not commenced within a period of one year from the date of such permit, or if the building or work so authorized is suspended or abandoned at any time after it has been commenced for a period or 120 days. CERTIFICATE OF OCCUPANCY FOR BUILDINGS/STRUCTURES CONSTRUCTED AFTER THE PROMULGATION OF THE NATIONAL BUILDING CODE (PO 1 096} ; (see page 4961
Pursuant.to Section 309 of the National Building Code (PO 1096}, no building or structure shall be used or occupied and no change in the existing use or occupancy classification of a building or structure or portion thereof shall be made until the Building Official has Issued a Certificate of Occupancy therefor.
1. To secure a certificate of occupancy, the following procedure shall be followed: The owner/applicant shall submit to the Building Official the following documents:
a. Certificate of Completion together with the logbook and the Building Inspection Sheet duly accomplished by the Contractor (if the construction is undertaken by contract) and signed and sealed by the architect or civil engineer in-charge of the construction work .. Said architect or civil engineer may hire the services of one or more project inspector/s to assist in the full time inspection and supervision of all aspects of the construction. Said project inspector/s must be qualified profes· sional/s, who is/are duly registered architect/s. master electrician/s, master plumber/s, etc. b. As-built plans and specifications jointly signed and sealed by the designer architect or civil engineer and the architect or civil engmeer·in-charge of the construction and signed by the contractor (if the construction is undertaken by contract) and confirmed by the owner. Said plans and specifications shall reflect faithfuliy all changes, modifications and alterations made on the originally approved plans and specifications which are the basis of the issuance of the original building permit. NOTE: Pursuant to Section 304 of the National Building Code, all such changes, modifications and alterations shall likewise be approved by the Building Official and the subsequent mandatory permit therefor issued before any work on said changes, modifications and alterations shall be started. The as-built plans and specifications may be just as orderly and comprehensive compilation of all the documents which include the original· ly approved plans and specification and all amendments thereto as actually built or they may be entirely new set of plans and specifications accurately describing and/or reflecting therein the building as actually built. The Office of the Building Official shall undertake the final inspection, verification and/or review of the building based on the Certificate of Completion, logbook. plans as built-plans as the case may be, and specifications on the prescribed standard form (see MPW Form No. 77·004-B), according to the following: LAND USE a. Conformity with approved Land Use Plan and Zoning Ordinance.
ARCHITECTURAL a. Types of Construction (Chapter 4 of the N.B.C. ) b. Requirements of the fire zones (Chapter 5 of the N.B.C.l c. Light and ventilation (Chapter 8 of the N.B.C. Rules XVI. NBC Memorandum Order 77.5) d. Building projection over public streets (Chapter 10 of the N.B.C.) e. General design and construction requirements (Chapter 12 of the N.B.C.) f. Classification and general requirements by use of occupancy !Chapter 7 of the N.B.C.)
g. Signs (Chapter 20 of the N.B.C. Rule V of the Implementing Rules and Regulations)
GEODETIC ENGINEERING a. Compliance with established line and grade.
STRUCTURAL AND CIVIL ENGINEERING a. Structural design (National Structural Code for Building\. b. Fire-resistive requirements in construction (Chapter 6 of the N.B.C.! c. Excavation, foundation and retaining walls (Section 1202 of the N.B.C.) d. Pre-fabricated construction (Chapter 1 5 of the N.B.C.)
SANITARY ENGINEERING AND PLUMBING a . Sanitation (Chapter 9 of the N.B.C.)
ELECTRICAL ENGINEERING a. Electrical regulations (Chapter 13 of the N.B.C. ; Rule IX NBC Memorandum Order 77-41
MECHANICAL ENGINEERING a. Fire-Extinguishing system (Section 1212, Chapter 12 of the N.B.C.l Pursuant to the Memorandum of Agreement signed on August 1, 1978 between the MONO and the MPW, the Building Official shall notify the Chief of the Local Fire Service to conduct his final inspection and requires him to submit his Fire Safety Inspection Certificate within five l5) working days from receipt of notif ication . In case of non-issuance. suspension or revocation of said Certificate by the CLFS, he shall so state in writing the reasons or grounds therefor.
NOTE: a. Said certificate shall be issued by the Chief of the Local Fire Service (CLFS) not later than five (5) working ~ays from referral. If. after the prescribed period , no action is taken by the CLFS, the Building 01ficial may issue the Certificate of Occupancy with the condition that the fire safety requirements shall be complied with the prescribed period set forth in the Fire Code of the Philippines. b. In case of Industrial bullding/s structures a certificate from the National Pollution Control (NPCC> shall also be required. Building Official's technical staff prepares assessment of fees . Building Official reviews technical evaluation and assessment of fees and orders payment for the full amount of fees .
Building Official issues the Certi.ficate of Occupancy in the form prescribed therefor (MPW Form 77·006-Bl A partial Certificate of Occupancy may be issued for the use or occupancy of a portion or portions of a building or structures prior to the completion of the entire building or struc· tures. Pursuant to Section 702 and 703 of the National Building Code, a building for which a Cer· tificate of Occupancy has been issued may further be issued other Certificates of Occupan· cy due to changes in use/s or type/s or occupancy is/are less hazardous based on life and fire risk then the original use or type of occupancy. INTERIM GUIDELINES ON LAND DEVELOPMENT
In the absence official land Use Plan, the following guidelines shall be observed: 1 . The Building Official shall determine the major land use pattern in his respective area of jurisdiction in consultation with Human Settlements Regulatory Commission IHSRC) or the local planning and/or development body. All new building construction shall conform to this major land use pattern. 2 . Any form of land qevelopment such as site grading, construction of curbs and gutters, fencing, etc., shall not be allowed unless adequate provisions for environmental protection are made to safeguard the area adjacent to the proposed development from flooding, pollution and other physical ill effects.
-3. In cases of large-scale land development covering an area of 2,500 square meters or more, the consent of the homeowners and/or barangay association and adjacent property owners shall first be obtained before any permit is issued. 4 . All land development projects covering housing subdivision and residential condomin iums shall conform to the rules and regulations promulgated under PO 9 53 and 957 by the National Housing Authority (NHA}.
RULE Ill
ASSESSMENT, IMPOSITION AND COLLECTION OF FEES
A. KINOS OF PERMITS:
1. Zoning and Land Use Verification 2. Establishment of Line and Grade 3. Excavation and Ground Preparation Permit· 4 . Building Permit, for the construction, erection, addition, alteration, renovation , conversion, repair, moving or demolition of residential, commercial, industrial, mstitutional, recreational, agricultural, ancillary, temporary and other buildings/structures.
Examples: Residential
Commercial
Single detached dwellings and duplexes for use of owner "on campus" dormitories, rectories, convents and monasteries, residential condominiums owned by o.ccupants, army bar· racks, etc. Single detache~ dwellings and duplexes for lease, boarding houses, apartments, accessories, hotels and inns, "of campus" dormitories, ·transportation terminals and stations, night clubs and dance halls, restaurants, markets and shopping
57
centers, theaters, sports stadia : grandstands, gaspline service station, parking garages, funeral parlors etc. Industrial
Factories, plants, mills, arsenals, breweries, processing plants, gas geneFating plants, shipyards. aircraft hangars. slipways, drydocks and piers, lumber mills. warehouse, storage tanks, grain and cement silos, etc.
In stitutional
Educational institutions, libraries, museums, clubhouses , hospitals, sanitaria, asylums, homes for the aged, jails, police and fire stations, places of worship, etc.
Recreat ional
- · Cinemas, billiard halls, disco pads, amusement houses, etc.
Agricultural
Barns, poultry houses. hatcheries, greenhouses, granaries, etc.
piggeries,
stables,
Ancillary
Garages, carports , tanks, towers, smokestacks and chimneys, vaults, swimming pools, pelota courts, aviaries, aquariums, zoo structures. fire walls and fences over 1.80 meters in height, etc. ·
Temporary
Field offices, laborers quarters, canopies and railings, protective fencing, etc.
Others
Cemetery structures such as mausoleums. tombs. multi-level niches, etc.
5. Demolition Permit 6. Moving Permit 7 . . Sanitary/Plumbing Permit, for the installation . alteration or repair of' sanitary , plumbing, water supply and drainage systems. 8. Electrical Permit, for the installation. alteration or repair of any electrical system . 9. Temporary Service Connection Permit 10. Pole/Attachment Location Plan Permit 11 . Mechanical Permit, for the installation, alteration or repair of elevators, lifts, escalators. dumb-waiters. conveyors, boilers, pumps, fans and blowers, pressure vessels. furnaces steam or pneumatically activated machinery or heat producing apparatus, air conditioning or refrigerating equipment or plant, including piping or duct work and appurtenances thereto, gas and fuel supply systems, etc. 12 . Fencing permit, for construction of fences up ~o 1.80 meters in height and made of materials other than those mentioned in Section 14.1 of this Rule. 13. Sidewalk Construction Permit 14. Temporary Sidewalk Enclosure and Occupancy Permit 15. Scaffolding Permit, for the erection of scaffolding on public areas . 1 6. Certificate of use or Occupancy, for full or partial, permanent or temporary use or occupancy and any change of use or occupancy. (see pag~ 4961 17. Annual Inspection of buildings/structures and their sanitary/plumbing, electrical and mechanical installations, machinery and equipment.
58
18 . Sign Permit, f or the erection, installation, repair, alteration or removal of signs, as enum erated in Rule V. 1 9. Communication/Electronics Permit B. ASSESSMENT OF BUILDING PERMIT FEES SHALL BE BASED ON THE FOLLOWING:
1 . Type of Occupancy or Use of Building
2. 'cost of Construction· 3. Floor Area 4. Height
"Cost ot Construction is t he cost per square meter o1 f loor area o~ building, based on group classification, as shown in Section 4 of this Rule. C. FOR THE PURPOSE OF FIXING THE AMOUNT OF FEES BASED ON THE USE OR OCCUPANCY OF THE BUILDING/STRUCTURE, THE GROUP OCCUPANCY CLASSIFICATION OF BUILDINGS ENUMERATED IN SECTION 401 OF THE NATIONAL BUILDING COOl! (PO 1096) SHALL BE THE TERM OF REFERENCE: Occupancy Groups are Classified int o five Categories, Namely: 1. CAT EGO RY
Residential buildings.
This shall comprise Group A and partly Group B
2. CATEGORY II
Commercial and Industrial - This shall comprise partly Groups B, C, E, F. G. H. and I buildings.
3. CATEGORY Ill
Social , Educational and Institutional - This shall comprise part ly Groups C, D. E and H buildings.
4. CATEGORY IV
Agri cultural - This shall comprise partly Group J buildings .
5. CATEGORY V
Ancillary - This shall comprise partly Group J buildings .
0 ; REGARDLESS OF THE TYPES OF CONSTRUCTION, THE COST OF CONSTRUCTION OF
ANY BUILDING FOR THE PURPOSE OF ASSESSING THE CORRESPONDING PERMIT FEES AND CERTIFICATE OF OCCUPANCY IS HEREBY FIXED AS FOLLOWS: Cost/Square meter GROUP
I, I. Metro Manila and all First Cla ss Cities.
II. Second Class Cities and First Class Municipalities Ill. All Others
Category II, Ill
Category IV
Pl,OOO .OO
,
800.00 p 600 .00
Category
v
P500 .00
P160.00
P400.00
P120.00
P300 .00
E. NO FEES SHALL BE CHARGED ON THE FOLLOWING APPLICATIONS: 1. Construction/additional/renovation/alteration of traditional indigenous family dwelling units as defined under Section 209 of the Code. 2. Construction/addition/renovation/alteration of public buildings. For purposes of this Rule the term "PUBLIC BUILDING OR STRUCTURE" refers to any building owned, oc-
59
cupied and operated by regular and/or specialized agencies or offices performing purely government functions. 3. Construction/ addition/renovation/alteration introduced or undertaken by the National Housing Authority on government ow ned tenement houses and other housing units while the ~itle of the lot is still under the name of the government . 4 . Reconstruction of buildings or structures damaged or destroyed by typhoons, fires, earthquakes or other calamities, provided that t he cost of such reconstruction shall not exceed twenty percent (20%) of the original construction cost based on the schedule of rates provided in this Rule and that an application therefor ls filed with the Building Official together w ith the Certificate of Damage which shall be obtained from the Office of the Building Official not later than thirty 130) days after the occurrence of such calamity. 5. Construction of buildings or structures by civic organizations, charitable institutions to be donated to the government for public use. 6. Construction/addition/renovation/alterat ion/repair of buildings/structures and electrical equipment/installations owned by electric cooperative organized and/or operating pursuant to PD 269. However, individual household. members of such cooperatives are not exempted. V . CERTIFICATIONS:
1. 2. 3. 4. 5. 6. 7.
Certified true copy of building permit .................. ..... ........... ....................... Certified true copy of Certificate of Use/Occupancy .................. ......... •o . . . . . Issuance of Certificate of Damage .... ... .. .... .... ... .. .. ... .... .............................. Certified true copy of Certificate of Damage .. .. ..... .. .. .. .. ...... ............. ........... Certified t rue copy of Electrical Certificate of Damage ......... .. .. .. .... .. .... ....... Issuance of Certificate of Gas Meter Inst allation ................... .............. ..... .... Certified true copy of Certificate of Operation ...... o•• • •••• o•. • o·· ·· o•• •• •. •• • 0
...
0
0
•• •• •••••• •
0
2.00
2.00 2 .00 ·
2 .00 2 .00 6:00
2.00
G. PAYMENT Of FEES: All fees mentioned in this Rule shell be paid to the Cashier of the District/City/Municipal Building Official or to the Municipal Treasurer before the issuance of the building permit . H. PENALTIES:
1. A surcharge of 100% shall be imposed and collected from any person who shall construct, install, repair, alter or cause any change ·in the use or occupancy of any building or parts thereof or appurtenances theret o without any permit. 2 . All inspection fees shall be paid within 30 days from the prescribed date; otherwise a surcharge of 2S% shall be imposed. 3 . Administrative fines, penalties and/or surcharges for various violations of the Code are prescribed under Sections 8 to 10 of Rule VIII.
RULE IV
DISPOSITION OF INCOME FROM FEES AND OTHER CHARGES:
This Rule is promulgated to define the procedure for the proper reporting 11nd recordrng of collections and disbursements of the funds of the General Fund Special Account 1 51 of the office of the Minister, MPW.
60
RULE V- SIGNS PursuC:lnt to Chapter 20 of the National Building Code lP. D. 10961, the following rules ana regulations shall govern the design, content, construction, location. installation al"d maintenance of outdoor billboards. advertising and display signs, streamers. posters and the like. A. DEFINITION -·· For purposes of this Rule, the fo'lowing definitions shail apply: a. SIGN - Any letter, word, numeral, pictor!al presentatror.. f!iustratior.. decoration. embl~~m. Jevicc. symbol or trademark. flag. banner. or pennant. or an-:. other figure of similar character that is: attached to painted on or in any manner represented on a building or structure. used to announce, direct attention to or advertise. and visible to the public.
b. BUSINESS SIGN - An accessory sign that directs attention to a profession. business. commodity, service or entertainment conducted. sold or offered in the same place where the business is located. An identification or on-premise sign. c. DISPLAY SIGN - Any material. device or structure that is arranged, intended, designed. or used as an advertisement, announcement or directory that includes a sign, sign screen, billboard or advertising device of any kind. d. ELECTRICAL SIGN - Any sign which has characters, letters, figures, designs, faces, backgrounds or outline illuminated by incandescent or fluorescent lamps or luminous tubes as part of the sign proper. These light sources being either external or internal. e. GROUND SIGN - A sign resting on the ground. f. POSTER ··
A fabricated flat surface upon which a message is either posted or
painted. g. ADVERTISING SIGN - A sign that directs attention to a business, profession, commodity, service or entertainment conducted, sold or offered at a place other than where the business, profession, etc., is located. An off-premise sign. h. PROJECTING SIGN - A sign fastened to, suspended from or supported on a building or structure, the display surface of which is perpendicular from the wall surface or is at an angle therefrom. i. TEMPORARY SIGN - A sign of cloth or other light and/or combustible material, with or without frame installed for a .limited period of time. j. WALL SIGN -
A sign painted on, attached or fastened to the surface of the wall or any part of a building or structure the display surface of which is par-allel to the wall surface.
k. SIGN STAND- Any movable structure on which a sign is mounted or supported. I. BILLBOARD - A panel for posting bills or posters. m. DISPLAY SURFACE - The entire area enclosed by the extreme limits or perimeter of a sign. n. DISPLAY WINDOW - That portion of a building abutting the sidewalk open to public view protected by grilles, screens or transparent materials for the display of goods. o. DISPLAY STAND - Any movable structure, table, showcase, cabinet and the like where goods or periodicals are displayed. p. ROOF SIGN - A sign installed on roofs, roof decks or eaves. q. IMPRINT - A plaque or sticker or lettering to be painted on either the top or the bottom
r. 1
of the poster or sign as a means of identifying the company to whom the structure belongs and the permit issued therefor. r. BUILDING LINE - The line formed by the intersection of the surface of the enclosing wall o f the building and the surface of the ground. s. ARCADE - Any portion of a building above the first floor project ing over the sidewalk beyond the first story wall used as protection tor pedestrians.
t. STRUCTURE - That which is built or constructed, an edifice or building of any kind. or any piece of w ork artifically built up or composed of parts joined together in some definite manner. u. CHAMFER - Surface produced by beveling square edge or corner equally on both sides.
B. tiENERAL PROVISIONS: 1 . Signs shall adhere to the Code of Ethics for Advertising and Promotions and to the rules and regulations of the appropriate agency in charge of the conduct of the business. 2. Signs shall promot e and uphold the public good especially in historical monuments and shrines, natural scenic areas. parks, parkways, and their immediate app roaches. Immediate approaches shall mean a distance not exceeding 50,00Gmeters from the periphery of said areas. 3 . Signs shall display or convey only messages or visuals that conform t o public decency and good taste. 4. Signs shall follow standards of design, construction and maintenance in the interest of public safety, convenience. good viewing and to promote proper urban design or community architecture . 5. Sign struc tures may be constructed only in area s where zoning regulati ons permit them and in accordance with t he accepted standards o f design; construct ion and maintenance. 6. Signs and sign structures shall be constructed in accordance with the provisions of Section 2003 of the National Building Code . Plans of signs structures exceeding 3.00 meters in height from t he ground shall be signed and sealed by a duly registered Architect or Civil Engineer. 7. Signs and sign structures built within highly restrictive fire zones shall be of incombustible materials. No combustible materials other than approved plastic shall be used in construction of electrical signs. 8 . Signs and sigro structures equipped with electrical devices shall have an electrical wir· ing plan conforming with the provisions of the Philippine Electrical Code duly signed by a profession al Elec trical Engineer; Provided . that for installation n ot exceeding 600 volts and 4 kilowatts, a sketch and bill of materials signed and sealed by an Electrical Engineer or Master Electrician shall be sufficient. 9 . Signs shall be placed in such a manner that no part of it s surface will interfere in any way with the free use of a doorway, a fire escape, standpipe or other required means of exits and fire-protect ive devices. 10 . Signs shall be erected in such a manner as not to confuse or obstruct the view or interpretation of any public sign, traffic signal or device, nor obstruct the sight, distract the attention of motorists, reflect bl!nding light or cause glare to oncoming traffic. 1 1 . Signs which are written in Chinese or any foreign language shall have a corresponding translation in English or in the local dialect . ) ( )" ....
1 2. The bottom line of all signboards adjacent to each other shall follow a common base line as determined by the Building Official. 13 . The installation of all kinds of signs shall be such that a harmonious and aesthetic relationship of all units therein is presented.
C. SPECIFlC PROVtSlONS: l. ADVERTISING SIGNS Outdoor adverti sing signs shall be permitted only in commercial or industrial zones as designated in the Official Zoning Map . 2. BUSIN ESS SIGNS 2.1 Business signs shall have a maximum w idth of 1 .20 meters and a length not exceeding the frontage of the lot. 2.2 Business signs installed, displayed or erected in the same bJJilding shall preferably be of identical size and flush against the building facade. 2.3 In highly built -up urban areas, business signs may be allowed within the immediate approaches as det\ned in Section 2. 2. 3 . RO OF SIGNS 3. 1 The design and construction of roof signs shall conform to the provisions of Sec . 2030 of the Nat ional Building Code. However, no sign shall be erected , attach· ed to, installed or fastened on roof tops of buildings of wooden structures. 3.2 Adequate provisions for grounding metallic parts of roof signs exposed to ligh·· ning shall be provided. 4. GROUND SIGNS Ground signs shall be subject to the following conditions: 4 . 1 Ground sig ns sha ll not exceed 6 .00 meters in height above the street crown except neon signs w hich shall be constructed in conformity w ith accepted engineering standards. 4 . 2 Ground signs shall be located within the property line and under no circumstances shall they occupy the street or sidewalk. .,. 4.3 Public government signs erected or installed within the area of the sidewalk shall be so designed and located that they do not obstruct the easy passage of pedestrians nor distract the attention of motorists. 4.4 Self-supporting outdoor signs along highways shall be located 10.00 meters away from the property lines abutting t he road right-of-way 5 . PROJECT ING SIGNS (see pages oJ and 641 The erection of projecting signs shall be subject to the following conditions : 5. 1 On non-arcaded streets or where arcades are proposed. signs shall not extend more than 1 .20 meters from the wall line or building line. On arcaded streets, the signs shall not project more than 1 .00 meter from the wall line over the street. For buildings abutting on streets or alleys without sidewalks or provisions therefor, the rules for arcaded streets shall apply on projecting signs.
5.2 A clearance of not less than 3.00 meters shall be provided below the lowest part of su ch signs projecting over sidewalks on buildings without arcades and a clearance of not less than 5.00 meters shall be provided below the lowest part of such signs projecting over arcaded streets.
":- 3 The erection of electric neon signboards or other advertisements of similar n atu re projecting over roadways or public streets, shall be allowed. provided that: a. Clear distance betweer~ the signboards erected on one building is not less than 4.00 meters. b. Signboards on multi-storey buildings shall b~ erected on the same v ertical line and sh all not overlap each other . c. T ops of signboards shall not extend over the topmost part of the parap et or the bottom line of the eaves of the building. d . Horizontal projections of signboards shall follow Rules 5.1 and 5.2 above. e. In c ase of two adj acent buildings , adjacent signboard s shall be placed at a distance of not less than 2.00 meters from the common boundary line . f. Signboards shall not obstruct any window or emergency exit, not be clo~er than 1 .00 meter to electric and telephone posts and wires .
g. Vertical clearances shall follow Rule 5.2 above.
4.00
a.oo
(MIN.J
I MIN.)
PltONT !LIVATIOM SECTION,
64
ROAO- RIGHT- OF- WAY
PROJECTING SIGN$--'
CURB LINE
6. WALLS SIGNS The construction of wall
EJ.LCTRIC OR
TElE~ fiiQST
si~ns
shall be subiect to the followinq conditions:
11'·----11
SIGN ..-----H---,+--t
6.1 Display signs placed against the exterior surface of bui\dings shan not extend more than 300 millimeters from the wall with its lowest portion not less than 3.00 meters above the sidewalk.
65
6.2 Sign shall not extend beyond the top and/or sides of any face of the exterior perimeter wall of the buildtng. Signs when made of combustible materials shall not exceed 4 .00 squere meter• in area. Those made of Incombustible materials may be allowed to cover the entire surface of bSank walla only and shalt not be &flowed to cover or obstruct openings.
·6.3 AJI signs painted or pasted on the exterior surface of bulldinga or 8ti'Uctures may be considered either as business or advertising signs. ·
6.4 Sign stands or display stands ahall not be placed on the sid•walk pavement.
6.5 Signs shall not be attached to, painted on, installed or displayed on posts or col· umns of arcades. 6.6 Display windows or wall signs within 3.00 meters above the sidewatk shatt be flushed or recessed.
7. TEMPORARY SIGNS 7. 1 Alt temporary signs, bills, posters and the like may be instaUed or posted only In areas or structures all.,wed by pertinent provisions of thi.s Code.
7. 2 Streamers strung over or across any public thoroughfare shall have the necessary permit therefor from the Building Official. The lowest point of the bottom edge of the streamer shall have a minimum clearance of 4.30 meters above the pavement.
0 . AOMINJSTRATlVE PROVISIONS:
1 . APPLICATIONS Any person desiring to display, erect, or maintain any design shall file an application therefor to ·the Office of the Building Official in a standard form stating among others, the location of the premises wherein said sign is to displayed, erected or maintained, accompanied by the pertinent drawings and/or sketches. The application shall also Include the location and the site plans, written consent of the owner of the premises and such other pertinent data as may be required by the Building Official. 2. PERMIT FOR ERECTlON OR INSTALLATlON
No sign of any kind shall be erected, Installed or constructed unless a permit therefor is obtained from the Building Official.
· 3. EXEMPTIONS A permit shall not be required for any sign not exceeding 0 .20 square meter of display surface nor for temporary signs for charitable, religious, and civic purposes duly authorized . This exemption shall not release .the owner from responsibility for its design. construction, installation, maintenance and removal. 4 . REMOVAL/ ALTERATIONS A sign with permit which was erected before the adoption of this Rute but not conforming hereto shall be given a grace period to conform dating from the receipt of notice as follows : a) Neon Signs ....... ............ .. .... .. .............. .. , .. .. .. . . .. . .. .. . . .. . .. . .. .. .. . .. . . 1 2 months b) All others . ·' · ...................................... ............. ......................... months
e
After the expiration of the period , such non-conforming signs shall be removed .
66
5. EXISTING SIGNS a. Existing signs without permit but comforming to the provisions of this Rule shall be allowed to remain provided the owner obtains a validating permit within 30 days from receipt of notice from the Building Official.
b. Existing signs without permit and non-conforming to the provisions of this Rult: shall be altered to conform to this Rule. The owner shall secure the necessary permit not later than 60 days from receipt of notice from the Building Official. In case of failure t o secure permit within the grace period the sign shall be removed by the owner. For failure of the owner to remove the sign, the Building Official shall cause the removal of the sign at the expense of the owner.
6. MAINTENANCE Signs shall be maintained in a safe and presentable condition. Should a sign become, in the opinion of the Building Official, unsafe or an eyesore, the permittee shall, upon notice from the Building Official, immediately restore the sign to a safe and satisfactory condition. For non-compliance with the notice, the Building Official shall restore the sign at the expense of the permitee.
7 . lDENTIFICATlON Signs shall bear the imprint of the permittee.
E. DESIGN:
1. GENERAL. Signs and sign structures shall be designed and constructed to resist wind and seismic forces as specified in this Rule. All bracing systt:ms shall be designed and constructed to transfer lateral forces to the foundations. For signs on buildings, the dead and lateral loads shall be transmitted through the structural frame of the building to the ground in such manner as not to overstress any of the elements thereof . · The overturning moment produced from lateral forces shall in no case exceitd twothirds of the dead load resisting moment. Uplift due to overturning shall be adequately resisted by proper anchorage to the ground or to the structural frame of the building . The weight of earth superimposed over footings may be used in determining the deadload resisting moment. Such earth shall be carefully placed and thoroughly compacted.
2. WIND LOADS. Signs and sign structures shall be designed and constructed to resist wind forces as specified in Chapter 2 of the National Structural Code for Buildings (NSC13).
3. SEISMIC LOADS. Signs or sign structures shall be designed and constructed to resist seismic forces as specified in Chapter 2 of the NSCB.
4. COMBINED LOADS. . Wind and seismic loads need not be combined in the design of signs or sign structure, only that loading producing the larger stresses need be used. Vertical design loads, except roof loads, shall be assumed to be acting simultaneously with the wind or seismic loads.
5. ALLOWABLE STRESSES. The design of wood , concrete, or steel members shall conform to the requirements of Chapter 3, 4 and 6, of the NSCB, Loads, both vertical and horizontal , exerted on the soil shall not produce stresses exceeding those specified in Chapter 7 of the NSCB. The working stresses of wire rope and its fastening shall not exceed 25 percent of the ultimate strength of the rope or fastener .
f. CONSTRUCTION
1. GENERAL. The supports of all signs or sign structures shall be placed in or upon private property and shall be securely built. constructed, and erected in conformance with the requirements of this Rule. 2. MATERIALS. Materials of construction for signs and sign structures shall be of the quality and grade as specified for building in this Rule. In all signs and sign structures, the materials and details of construction shall , in the absence of specified requirements, conform with the following: 2.1 Structural steel shall be of such quality as to conform with ASTM A 36. Secondary members in contact with or directly supporting the display surface may be formed of light guage steel, provided such members are designed in accordance with the specifications of the design of light guage steel as speci'fied in ASTM A 242 and in addition shall be galvanized. Secondary members, when formed integrally with the display surface, shall be not less than No. 24 guage in thickness the secondary members shall be No. 1 2 gauge. The minimum thickness of hotrolled steel members furnishing structural support for signs ~hall be 6.35 mm. except that if galvanized. such members shall be not less than 3.18 mm. thick. Steel pipes shall be of such quality as to conform with ASTM A 36. Steel members may be connected with one galvanized bolt provided that connection is adequate to transfer the stresses in the members. 2.2 Anchors and supports, when of wood and embedded in the soil. or within 150 mm. of the soil , shall all be of hardwood of a durable species or shall be pressure-treated with an approved preservative.
G. ANCHORAGE: 1 . Members supporting unbraced signs shall be so proportioned that the bearing loads imposed on the soil in either direction. horizontal or vertical, shall not exceed the safe values. Braced ground signs shall be anchored to resist the specified wind ·or seismic load acting in any direction. Anchors and supports shall be designed for safe bearing loads on the soil and for an effective resistance to pull out amounting to a force 2 5 percent greater than the required resistance for overturning. 2. Portable ground signs supported by frame or posts rigidly attached to the base shall be so proportioned that the weight and size of the base will be adequate to resist the wind pressure. 3. Signs attached to masonry, concrete, or steel shall be safely and securely fastened thereto by means of metal anchors, bolts, or approved expansion screws of sufficient size and anchorage to support the loads applied. (-)8
4 . No wooden blocks or anchors with wood used in connection with screws or nails shall be considered proper anchorage, except in the case of signs attached to wood framing.
RULE VI - ARCADES AND SIDEWALKS Pursuant to Section 1004 of the National Building Code (PO 10961, arcade shall be constructed on sidewalks o1 streets whenever required by existing building and zoning regulations. Subject to existing laws and regula.tions, the local planning authority shall determine which street shall have an open sitlewalk or an arcaded sidewalk, or a combination of both, and the width and height thereof, according to the following:
A . WIDTH OF SIDEWALK AND ARCADES
1. Sidewalks shall be of uniform width throughout the entire length of the street. The width of a sidewall< shall not be less than 1/6 of the road right-of-way . 1. 1 The sidewalk pavement shall have a non-slip surface and shall slope down from the building line towards the curb line at not more than one in fifty ( 1/50) and shall level off with the curb.
1.2 Sidewalks of 2.00 meters or more in width shall include on its outer side a planting strip of not less than 800 millimeters in width, separating the curb from the sidewalk pavement.
2. All arcades shall be of uniform width throughout the entire length of the street within the block. or from one street corner to another. 2 . 1 Arcade shall be cantilevered from the building line over the sidewalk, and the horizontal clearance between the curb line and the outermost face of any part of the arcade shall not be less than 500 millimeters.
c~~ ~A0!----------~~~~7~~~~,~~7-~ R
-IIIGHT•OP'• WI
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I. + ®R • t/1 ~ AOAI>-AIGHT· aF- WAY ROAI)WAY • Ill aF flo.t.D· RIGHT- Of'- WAY
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70
2 .2 Combined open and arcaded sidewalks shall be provided with a planting strip of not less than 800 millimeters in width as a separating strip between the arcaded portion ·and th e open portion of the sidew alk.
l't.ANTING Sill!*- --+-..
I
B. VERTICAL CLEARANCE OF ARCADES 1 . The vertical clearance of arcade shall be uniform throughout the entire length of t he street within the block or from one street corner to another.
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®
81.0<> (8)
CANTII.l\EMO ARCADE
2. The minimum vertical clearance of arcades shall be 3 meters and the maximum shall be 6 meters. !See Fig. 1 l page 72.
C. GRADE OF SIDEWALKS 1 . Sidewalks shall, as much as possible, be level and of uniform grade throughout the entire length of the street.
71
2. Whenever the slope of the street does not exceed one in twelve t 111 2) the sidewalk grade shall follow the level or slope of the street.
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3. Whenever the slope of the stre.et is one in ten ( 1/1 0) the sidewalk shall be maintained level for every 20 to 40 meters of run. Sidewalks of different levels shall be }oined by ineans of a ramp having a convenient slope not exceeding one in six {1/61
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4 . When the grade of two connecting sidewalks are between one in ten { 1/1 0) and one in eight ( 1/8) , the two sidewalks shall be joined by means oi a ramp having any convenient slope not exceeding_one in ten ( 1/1 0). ~ ')
1-
D. DRIVEWAY . ENTRANCES AND EXITS 1. DRIVEWAY ACROSS SIDEWALKS 1 .1 To maximize the use of the sidewalk area, the surface of the sidewalk and the drivewayshall as much as possible be at the same plane. The entry ramp of the driveway connecting the roadway surface to the sidewalk surface shall have a slope ranging from one in three ( 1/3) to one in iour ( 1/41. 1 .2 Whenever the height of the curb is more than 200 millimeters, driveways may be constructed across the entire width of the sidewalk, provided that the driveway shall be joined to the sidewalk by means of a ramp of rough finish having a slope of not mor e than one in eight ( 1/ 8). The driveway and the ramp shall be made of th e same materials as that of the sidewalk.
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1/1 SIDE RAMP
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CNOSS SECTION OF DftiVEWAY
73
1.3 Driveways underneath arcades may be allowed only underneath cantilevered arcades within the road right-of-way or underneath colonaded arcades on private properties outside the road right-of-way .
SIDEWALK
LIP tUAB JO!Hi 0, ROAOWA.Y 8o
Snt£ETOIJTTER WRONG : DRIVEWAY HIGHE:R .____ THAN SIDEWALK •
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LON81TUDlN.A1. SECTtON Of DRlVEWAY
2. ENTRANCES AND EXITS OF BUILDING ABUTTING SIDEWALKS SHALL BE MADE OF EITHER RAMPS OR STEPS .
2.1 Entrance or exit ramps shall have a stope not exceeding one in ten (1/10).
74
2.2 Entrance or exit steps shall have treads of not less than 300 millimeters. The minimum number of steps shall be two (2) with risers not exceeding 100 millimeters.
2.3 No portion of either entrance or exit ramps or steps shall intrude into the sidewalk pavement.
E. OBSTRUCTION ON SIDEWALKS Under no circumstances shall obstruction of any kind be allowed on sidewalks, whether open or arcaded .
RULE VII -
ABATEMENT/DEMOLITION OF BUILDINGS
A. GENERAl BUILDING REQUIREMENTS l, All buiidings or structure as well as accessory facilities thereto shall conform in all
respects to the principles of safe construction and must be suited to the purpose for which they are designed.
2. Buildings or structures intended to be used for the manufacture and/or production of any kind of article or product shall observe adeQuate environmental safeguards. 3. Buildings or structures and all parts thereof as well as all facilities found therein shall be maintained in safe, sanitary and good looking condition.
B. SITE REQUIREMENTS The land or site upon which will be constructed any building or structure, or any ancillary or auxiliary facility thereto, shall be sanitary, hygienic and safe. In the case of sites of buildings intended for use as human habitation or abode, the same shall be at a sate distance, as determined by competent authorities, from streams or bodies of water and/or sources of air considered to be polluted; from a volcano or volcanic site and/ or any other building considered to be a potential source of fire or explosion.
75
C. DANGEROUS BUILDINGS OR STRUCTURES Any building or structure which has any or all of the conditions or defects hereinafter described shall be deemed to be a dan~erous building or structure provided that such conditions or defects exist to the extent that life, health, property or safety of the public or its occupants are endangered. 1 . STRUCTURAL HAZARDS 1.1 Whenever any building or structure or portion thereof has been damaged by t ire. earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before the catastrophe and is less than the minimum requirements of the National Structural Code for Buildings for new buildings of similar structure, purpose or location. 1. 2 Whenever any portion or member or appurtenance thereof is likely to fall, or to become detached or dislodged or to collapse and thereby injure persons or damage property. 1 .3 Whenever any port ion of a building or structure, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability , or is not anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one-half of that specified in the National Structural Code for Buildings for such type of buildings. 1 .4 Whenever any portion thereof has been wrecked, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction. 1 . 5 Whenever the building or structure, or any portion thereof, because of 11} dilapidation. deterioration or decay; (2) faulty construction; (3) the removal, movement or instability of any portion of the ground necess~ry for the purpose of supporting such building; (4) the deterioration, decay or ·inadequacy of its foundation; or (5) any other cause, is likely to partially or totally collapse. 1.6 Whenever the exterior walls or other vertical structural members list, lean or buckles to such an extent that a plumbing passing through the center of gravity does not fall inside the middle one-third of the base. 1. 7 Whenever the building or structure, exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting member or members, or 50 percent damage or deterioration of its non-supporting members, enclosing or outside walls or coverings. 1.8 W henever the building or structure has been so damaged by fire, wind, earth· quake or flood, or has become so dilapidated or deteriorated as to become 1l an attractive nuisance to children; 2) a harbor for vagrants, criminals or as to 3) enable persons to resort thereto for the purpose of committing unlawful or immoral acts . 1 .9 Whenever any building or structure which, whether or not erected in accordance with all applicable laws or ordinances, has in any non-supporting part, member or portion less than 66 percent of the ( 1) strength; (21 fire-resisting qualities or characteristics; or (3) weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location. 1.10 Whenever any portion of a building or structure remains on a site after the . demolition of the building or structure or whenever any building or structure or
76
portion thereof is abandoned for a period in excess of twelve I 12 l months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public.
2. FIRE HAZARDS 2.1 Any building or portion thereof, device, apparatus, equipment, combustible material, or vegetation which may cause fire or explosion, or provide a ready fuel or augment the spread and intensity of fire or explosion arising from any cause.
2.2 All buildings or portions thereof not provided with the required fire-resistive or fire-protective construction or fire-extinguishing systems or equipment.
2. 3 Whenever any door, aisle, passageway, stairway, or other means of exit is not of sufficient width or size, or is not so arranged as to provide safe and adequate means of exit in case of fire or panic.
2.4 Whenever any building or structure. because of obsolensce, dilapidated condition, deterioration, damage, inadequate exits, lad. of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the Building Official to be a fire hazard.
3. HAZARDOUS ELECTRICAL WIRING 3.1 All wiring systems or installations which do not conform to the rules and regulations embodied in the Philippine Electrical Code. 3.2 Inadequately maintained or improperly used electrical wiring, outlets, devices and/or equipment. 4. HAZARDOUS MECHANICAL INSTALLATION
4. 1 Mechanical systems or installations which do not conform to the rules and regulations embodied in the Mechanical Engineering Code of the Philippines.
4.2 Inadequately maintained or improperly used mechanical outlets, devices and/or equipment. 4.3 Lack of improper operation of required ventilating equipment or air conditioners
5. INADEQUATE SANITATION AND HEALTH FACILITIES. 5.1 All sanitary and plumbing systems or installations which do not conform to the rules and regulations embodied in the Code on Sanitation and the National Plumbing Code of the Philippines.
5.2 Inadequately maintained or improperly used sanitary and plumbing facilities. 5.3 Infestation of insects, vermin, or rodents and lack of adequate control for the same.
5.4 lack of adequate garbage and rubbish storage and removal or disposal facilities. 5. 5 Source of pollution. 6. IMPROPER OCCUPANCY AND ARCHITECTURAL EYESORE 6.1 All buildings or portions thereof used or occupied .for purposes other than their intended uses. 6.2 Inadequate parking space, as required.
77
6.3 tnsufflcient amount of natural light and '!entilation due to inadequate open spaces such as courts, yards, and setbacks, as required.
6.4 Inadequate sizes of rooms and space dimensions and window openings . 6. 5 Dilapidated, blighted and other upresentable buildings or .structures against generally accepted aesthetic standards. 7. IMPROPER LOCAliON
7. 1 All buildings or structures or portions thereof which do not conform to the approved lend use and zoning plan. 7. 2 Buildings located in highly volcanic, earthquake or floodprone areas or sites considered to be extr4!!mely dangerous. 8. ILLEGAL CONSTRUCTION A building or structure shall be deemed to be an illegal construction when it is constructed, existing or is maintained in violation of any specific requirements or prohibition applicable to such building or structure as provided in the National Building Code; the building rules and regulations or in any law or ordinance of the city or municipality relating to the condition and location of the structure and building therein.
0. ABATEMENT OF DANGEROUS BUILDINGS
Pursuant to Section 215 of the NBC; when a building or structure is found or declared by the Building Official to be a nuisance, is dangerous or ruinous, the Building Official shall order its repair' vacation or demolition depending upon the degree of danger to life, 'heah"h safety and/or well-being of the general public and its occupants. F. PROCEDURE FOR DEMOLITION OF BUILO&NGS
The following steps shall be observed in the abatement/demolition of buildings under this Rule: 1 . There must be a finding or declaration by the Building Official ·that the building or structure is a nuisance, ruinous or dangerous. 2. Written notice or advice shall be served upon the owner and occupants-Is of such finding or declaration, giving him at least fifteen ( 1 5) days within which to vacate or cause to be vacated, repair, renovate, demolish and remove as the case may be, the nuisance, ruinous or dangerous building or structure or any part or portion thereof. 3. Within the fifteen-day period the owner may, if he so desires, appeal to the Secretary the finding or declaration of the Building Official and ask that a re-inspection of the building or structure be made. 4, If the appeal is meritortous the Secretary may designate a competent representative /s other than the Building Official to undertake the re-inspection or re-investigation of the building. The representative/& so designated aliall make or complete his/their report within a period of thirty days from the date of termination or re-inspection or reinvestigation. 5. If after re-inspection, the finding is the same as the original one, the Secretary thru the Building Official shall notify the owner, giving him not more than 1 5 days from receipt of notice with affirmed finding to vacate or cause to be vacated and make the necessary repair, renovation , demolition and removal of the subject building or parts thereof, as the case may be.
78
5.1 If the Building Official has determined that the building or structure must be repaired or renovated the Order to be issued shall require that all necessary permits therefore be secured and the work physically commenced within 1 5 days from the date of receipt of the Order and completed within such reasonable time as may be determined by the Building Official.
5.2 If the Building Official has determined that the building or structure must be demolished , t he Order shall require that the building be vacated with.i n 1 5 days from the date of receipt of the Order; that all required permits be secured therefor within the same 1 5 days from the date of the Order, and that the demolition be completed within such reasonable t ime as may be determined by the Building Official. 6 . The decision of the Secretary on the appeal shall be finaL 7. Upon failure of the owner to comply with the Order of the Building Official or of the Secretary, in case of appeal, to repair, renovate, demolish and remove the building or any part thereof after fifteen days from the date of receipt of the Order, the Building Official shall cause the building or structure t o be repaired, renovated , demolished and removed, partly or wholly, as the case may be, with all expenses therefor chargeable to the owner. 8. The building as repaired or in case of demolition, the building materials gathered after the demolition of t he building shall be held by t he Office of the Building Ofi icial until full reimbursement of the cost of repair, renovation, demolition and removal is made by the owner which , in no case, shall extend beyond thirty (30) days from the date ct the completion of the repair, renovation , demolition and removal. After such period, said building materials of the building thus repaired or removed shall be sold at pubilc auction to satisfy the claim of the Office of the Building Otf~ciai. Any amount in excess of the claim of the government realized from the sale of the building materials shall be delivered to the owner. F. OTHER REMEO.ES The procedures, actions and remedies provided herein are without prejudice to further action that may be taken by the Official against the owner/occupants of buildings or structures found or declared to be nuissance/s, dangerous, and/or ruinous under the provisions of Articles 482 and 694 to 707 of the Civil Code of the Philippines.
RULE VIII - ADMINISTRATIVE SANCTIONS AND PROCEDURES Pursuant to the authority vested in the Secretary, now Minister of Public Works under the provisions of Section 211 and 212 of the National Bu ilding Code of the Philippines {P.O. 1 096), rules and regulations are hereby promulgated to govern the conduct of cases involving the implementation of the Code as well as the enforcement of orders, rules and regulations issued in relation thereto and the imposition of administrative penalties for vio!Jltions thereof.
79
RULE IX - ELECTRICAL REGULATIONS - please refer to
Utilities 2 MECHANICAL REGULATIONS - please refer to Utilities 2
RULE X
RULE XI - ACCESS STREETS/ROADS AND ALLEYS Pursuant to Section 704 of the National Building Code (P.O. 1 096), no building shall be constructed unless it adjoins or has direct access to a public space, yard or street on at least one of its sides. All buildings shall fece a public street, alley or a private road which has been duly approved by the proper authorities. Said access streets, alleys or roads shall have t he following widths: 1 . Interior or rear lots shall have an access road with a minimum width depending upon the number ot ..buildings units -wr1icn it serves ·subject to approval ot the local planning authority, provided, however, that said access street or road shall not be less than three meters (3.00M) in w1dtn. · ···· · · ··
or
2. Multiple Living Units on Same lot on which apartments, rowhouse or accessorias or a group of single-detached buildings are built shall be provided , w ith an access road directly connecting said buildings or units to a public street or alley toUowing the schedule below •
.----RlAR OKN IPAC£ IMOIP£NO£NT UVIMI UNITS WITH ltDIVIOUAL E.NTRANCU
NOTE: WHEN NUMitR Of
INDEPENO!NT LIY... UNITS WITH INDIVIDUAL ENTRANCU tl INCR!MID AS IN MUL Tt·STORY APARTMENTS, THE WIDTM
OF THE ACCESS ftOAO SHALL If. INCUAKO COR• R£SPONDIN8LY AS PER SCHEDULE. PARICINI
SPACE SHALL II PROVIDED EXCLUSIVE Of ACC£88 ROAD REOUtREMUT .
4 ' - i - - - S.OO MTS. WIOE IIIINIMUM ACCUS ROAD FOR SIX (I) UNITS
• 80
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ALL ""IVATI ROADI Ott ACCIII TO •TUIOII I.OT*, IMALL II: ACC!IItll.a TO ITRUT .Oil f'UILIC lf'ACl OR YARO AND IUQt SMALL COM'OttM TO T._ f'GL\.OWIQ P"OVISIOMI AI TO YAROS AND OIRMle*l. 18.SO M.
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IIOTI : W•&RI I.I. .TM Of' llUII II 100.00 MTS. A CU..• DI-Me CMt TUittl COURT IHALL. HIO VIDCO , _ IACN lloUIMUII . . ..
a} Up to six {6) units ....... b) Seven (7) up to fifteen 11 5} units .. ... ........................ ooOooo• o... c) Sixteen 11 6) up to twentv·five (26} units ............ ..... ........... ......... 00.. .... .. ... ... .... ... .... .. ..... ... .. d) Twenty-six {26) up to t hirty-five (36) units .................... .... ... o........... ..... ......... ... ooo ••··· .. .. e) More than thirt y-five (35) units .• o.... : ...... 0
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3 .00 Mowide 4 o00 M. wide 5.00 M. wide 6.00 M . wide · 7.50 Mo wide
Privately-owned access roads shall be duly registered and annotated in the lot title as such for as long as the said apartments, rowhouses. et c., exist. All kinds of subdivision and residential condominiums shall comply with the rules and regulations on access roads promulgated by the National Housing Authority (NHAI.
RULE XII - CEMETERIES AND MEMORIAL PARKS Pursuant t o Section 102 and 203 of t he National Building Code (PO 1096), for the protec· tion of buyers or leases of lots in cemeteries and memorial parks as w ell as the owners/operators of concrete or memorial parks, the rules shall govern the establishment of cemeteries and m emorial parks .
RULE XIII 82
HANDLING AND STORAGE OF PHOTOGRAPHIC AND X-RAY FILMS
RULE XIV - OCCUPANT LOADS . Pursuant to Section 1207 of the National Building Code, tPD 1096}, the following rules and regulations shall govern the determination of occupant loads. For purposes of this Rule. the term Occupant Load shall mean the total number of persons that may occupy a building or a portion thereof at any one time .
1 . DETERMINATION OF OCCUPANT LOAD - The occupant load in. any building or por. tfon thereof for the purpose of resolvinq the required n-umber of eXIts shall be determir ed by dividing the floor area assigned to that ·use· by the· unit area per occupant set forth in Table A. 1 . 1 When the unit area per occupant for any particular occupancy is not provided for in the Table, Building Official shall determine the same based on the unit area for the occupancy which it most neany resembres .
1 .2 The occupant load of any area having f ixed seats shall be determined by the number of fixed seats installed. Aisles serving the fixed seats in said area shall not be included in determining the occupant load. 1 . 3 the occupant load permitted in a building or portion thereof may be increased above that specified in the Table if the necessary exits are provided . 1 .4 In determining the occupant load, all. portions of a building shall be measured to be occupied at the same time. 1.4 . 1 EXCEPTION - Accessory use area which ordinarily are used only by persons '¥Y"ho occupy the main areas of an occupancy shall be provided with exits as though they were completely occupied. However. in computing the maximum allowable occupant load for the floor/building, the occupant load of the accessory area /s shalt be disregarded .
Table A: General Requ"ements for Oceupant Loads and Exits•
USE OR OCCUPANCY
UNIT AREA PER OCCUPANT (Sq. M.l
A. Dwellings
28
B.
18.6 18.6 18 .6 1.8
c.
Hotels Apartments Dorm itories Classrooms Conference Rooms Exhibit Rooms Gymnasia School Shops Vocational Institutions Laboratories
D. Hospitals* •, Sanitaria* • Nursing Homes• • Children's Homes• • Homes for the Aged Nurseries for Children
1.4 1.4
1.4 4.6 4 .6 4 .6
8.4 7.4 7.4 7.4 3.25
Minimum of Two Exits other than elevators are required where number of occupants is over.
10 10 10 10
50 50 50 50
50 50 50 5 5 5 5 6
E. Stores - Retail Sales Rooms 83
Basement G(ound Floor Upper Floors Offices Aircraft hangars (no repair) Parking Garages Dining Establishments . Kitchens (Commercial)
F. Warehouses Mechanical Equipment Rooms G. Garages
H. Auditoriums Theaters Churches & Chapels Dance Floors Reviewing Stands Stadia
2.8 2.8
50 50
5.6
10
9 .3
30
46 .5
10
18.6
30 30 50
1.4 18.6 28
28 9.3 .65 .65 .65 .65 .65 .65
30 30 10 50
50 50 50 50
50
NOTE:
* In all occupancies, floors above the first story having an occupant load of more than ten (10) shall not have less than two (2) exits.
* * Institutional Sleeping Department shall be based on one occupant per eleven ( 11 l sq. meters of. the gross floor area: Inpatient Institutional Treatment Departments shall be based on one occupant per twenty-two {22~ square meters of gross floor area.
RULE XV - PROTECTION AND SAFETY REQUIREMENTS FOR CONSTRUCTION AND DEMOLITION Pursuant to Section 1101 to 1108 of the National Building Code (Pd 1096}, the followihg rules and regulations shall provide minimum standards of safety and protection for construction and/or demolition of buildings/structures. The provisions of this Rule shall apply to all work in connection with the construction and/or demolition of buildings/structures. The provisions of this Rule shall apply to all work in connection w ith the construction, alteration, repair, renovation, removal and demolition of buildings/structures.
1. GENERAL 1.1 The construction, erection, alteration and removal of scaffolds and the application, installation and setting up of safeguards and equipment devices shall be done by skilled workmen under the supervision of a person qualified by experience or training for such work. 1 .2 A safeguard, device or piece of equipment which is unsafe shall be reported to the superintendent or foreman who shall take immediate steps or remedy such condition or remove such safeguard, device or equipment. 1 .3 Scaffolds, ladders, stairs, fuel gas tanks and other devices or equipment falling within the scope of this Rule shall be maintained in a good, safe and usable condition as long as in use. 1 .4 No scaffolds, 'adders, railings or other devices or equipment or any part thereof required by this Rule shall be removed, altered or weakened when required by the work unless so ordered by the superintendent or foreman in charge.
84
1.5 Scaffolds, temporary floors, ramps, stairway landings, stair treads, and all other walkway surfaces shall be kept free from protruding nails and splinters. They shall be kept free from unnecessary obstructions so that the workers may move about safely.
1 .6 Prot ruding nails and tie wire ends shall be removed, hammered , hammered in or bent in a safe condition.
1 . 7 Electric lines, moving ropes and cable gears, or similar hazards with which a worker might come in contact shall be encased or protected .
1 .8 No person, firm or corporation, either personally or through an employee or agent of another, shall operate or move any machinery, equipment, material, scaffolds, or materials in process or assembly closer than 5 .00 meters to any energized high voltage overhead electrical facilities except with the approval of the electrical inspector.
1 .9 All workmen on any demolition job shall be furnished with and be required to wear industrial safety helmets. 1 . 1 0 Construction sheds and tool boxes shall be so located as to protect workers from dangerous falling walls and other falling objects.
1 . 11 The Building Official may permit the use of alternative methods and/or devices depending on local conditions provided that the minimum ~tandard of safety sought to be achieved under this Rule is not jeopardized.
2. Protective methods/Devices shall be provided in accordance w ith the conditions hereunder : 2 .1 Table 1 Height of Construction
Distance trom Construction
Protection Required
2 .40 meters or less
Less than 1 . 80 meters 1 .80 meters or more
Railing None
Less than 1 . 80 meters
Fence and Canopy
More than 2.40 meters
1 . 80 meters or more but not more than onefourth the height of construction 1 .80 meters or more but exceeding one-half the construction height
Fence and Canopy
none
2 .2 Fence a. When the horizontal distance between the outermost face of the building and the inner edge of the sidewalk is more than one-half the height of t he building, only a fence shall be required. b. Fences shall entirely enclose the construction/ demolition site. c . . Fences shall be built solid for its full length except for such openings as may be necessary for proper execution of the work. Such openings-shall be provided with doors which shall be kept closed at all times when in actual use.
85
OUTER-MOST FACE OF IUII..DING
FENCE
R 0 AOWAV
X WHEN:
X>
t
s ONLY A FENCE IS REQUIRED
d. Fences shall be erected on the building side of sidewalks or walkways and shall be made of approved materials (e.g. G.l. sheet, wooden boards and/or planks, plywood or " Lawanit", sawali) not less than 2.40 meters in height above the curb line. 2.3 Canopy a. When the horizontal distance between the outermost face of the building and the inner edge of the sidewalk is equal to or less than one-half the height of the building, a canopy shall be required in addition a fence.
to
OUTER- MOST FACE OF 8UILOING
X WHEN:
x<2
s
FENCE ANO CANOPY ARE REQUIRED
b. The protective canopy shall have a clear unobstructed height of 2 .4 meters above the walkway and shall be made of sufficient strength ar stabmty to sustain safely the weight of materials that may be placE thereon, and to withstand shocks incident to the handling of such prepar; tion for use, and accidental jars from trucks passing or delivering material:
86
c. When the canopy is used for the storage of materials or for the performance of work of any kind, substantial railing not less than 300 millimeters high shall be placed along the street side and ends of the canopy. The canopy shall be capable of safety sustaining a load of 800 kg. per sq. m. or the intended load to be placed thereon, whichever is bigger. d. The deck flooring of a canopy shall consist of planking not less than 50 millimeters in thickness, closely laid. All members of the canopy shall be adequately braced and connected to resist displacement of members or distortion of the framework. e. Canopies shall be constructed solid for its entire length except -for such openings as may be necessary for loading purposes. Such openings shall be kept closed at all times except during actual loading operation. f. Unless the top deck of the canopy is built solidly against the face of the building/structure to be constructed or demolished, the vertical face of the canopy supports next to the building shall be solidly fenced throughout in accordance with Section 2.2 of this rule, except for such openings as may be necessary for the execution of work. Such openings shall be provided with sliding or swinging gates which shall be kept closed at all times except when in actual use.
g. The street side of the canopy shall be kept open for a height of not less than 2.40 meters above the curb . The underside of the canopy shall be properly lighted at night with not less than one 1 00-watt bulb every 6.00 meters of its length and at each change of grade or elevation of sidewalk surface.
//////./~ ·~--ALTEitNATt POSITION Of' CANOI"Y ....0 MiliCI
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h. Where a wall of the building abuts or fronts a street, fans or catch platforms shall be erected along that w all at the level of the first floor of the building above the street level. Fans or catch platforms shall be erected at the level of other floors of the building as may b e necessary to prevent nuisance from dust or danger from falling debris or materials. 2 .4 Protective Net/Screens a. When the horizontal distance between the outermost face of the building and the outer edge of the sidewalk is less than one-half the height of the . building. a protective net extending from the uppermost part of the construction!demolition to ground level shall be required in addition to a f ence and canopy. b. Wherever required, protective netting/covering shall be of approved and substantially strong material such as G._l. wire gauge 16.38 millimeter mesh nylon net, canvass.
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AI...T£RNATE POSITIONS CF PROT ECTIVE NET O£PENDING
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c. Where a wall of the building abuts or fronts a street, dust screens shall be erected to cover the entire wall so as to prevent nuisance from dust. 2. 5 Walkways and Railings a. Where the sidewalk is permitted by the Building Official to be fully occupied and fenced-off or enclosed, a temporary walkway adjacent to the curb line shall be required ..Where the street has no sidewalk, a temporary w alkway adjacent to the street line not more than 1. 20 meters wide shall be provid-
ed. Where the road right·of-way is 5.00 meters or less, no temporary walkway shall be allowed. b. The width of the walkway shall be not \.ess than 1 . 20 meters but not more than one-third (1 / 3) the width of the sidewalk. Where only partial occupancy and fencing-off of the sidewalk is necessary, ·a temporary walkway will not be required provided that a width of at least 1.20 meters of the sidewalk is left open for the use of pedestrians. c. Walkways shall be. capable of supporting a uniform live load of 650 kg. per sq. m. A durable wearing surface shall be provided and maintained along the entire length of the walkway throughout the duration of the construction/demolition period. d . Where the walkway occupies part of the road wey protective railings on the street side shall be required. e. Where the walkway is adjacent to an excavation, protective railings on thf excavation side shall be required. f. Railings, where required, shall be built substantially strong and sturdy and shall be not less than 1 .00 meter in height. 2. 6 Warning Signs and Lights a. At every construction/demolition site, warning signs shall be conspicuously . posted around the property. Warning signs shall be adequately illuminated at night for the protection of unwary pedestrians . b. All entrances/exits to and from the construction/ demolition site shall be kept closed at all times except during actual passage of men, materials or equipment. Red warning lights shall be installed at all entrances/exits which shall be. kept lighted at night and during periods of unusual darkness . c. All warning signs and lights shall be properly maintained even when operations are not in progress. d. All areas of danger in demolition operations shall be property enclosed and danger signs posted. Watchmen shall be provided to warn workers of impending dangers and all unauthorized persons shall be excluded from places where demolition is in progress .
3. PRECAUTIONARY MEASURES 3.1 Excavations and Trenches a. Before undertaking excavation work, drilling or otherwise disturbing the ground, the person doing the work, or causing such contract all public utilities to determine the possible location of underground facilities, to avoid hazard to public safety, health and welfare caused by the inadvertent disruption of such facifities. b . The sides of every excavation in connection with construction operations, including trenches for pipes or any other purpose, shall be sheet-piled braced or shored when necessary to prevent the soil from caving in on persons engaged in work within the excavation. c. Every trench, 1.50.meters or more in depth, shall be provided with suitable means of exit or escape at least every 7. 50 meters of its length.
90
d. Where workers are employed adjacent to an excavation on work other than that directly connected with the excavation, substantial railings or fences shall be provided to prevent such workers from falling into the excavation.
3.2 Excavation and Fills a. Excavation or fills for building or structures shall be so constructed or protected that they do not endanger life or property.
b. Cut slopes for permanent excavations shall not be steeper than 2 horizontal to 1 vertical unless substantiating data justifying steeper slopes are submitted. Deviation from the foregoing limitations for slopes shall be permitt-ed only upon the presentation of a soil investigation report acceptable to the Building Official. c . No fill or other surcharge loads shall be placed adjacent to any building or structure unless such building or structure is capable of withstanding the additi·ona\ loads caused by the fill or surcharge. d. Existing footings or foundations which may be affected by any excavation shall be under pinned adeQuately , or otherwise protected against settlement, and shall be protected against lateraf movement. e. . Fills to be used to the foundations of any building or structure shall be plac· ed in accordance with accepted engineering practice. A soil investigation report and a report of satisfactory placement of fill, both acceptable to the Building Official shall be submitted. f. Any person making or causing an excavation below grade immediately ad.joining another property shall protect the excavation so that the soil of adjoining property will not cave-in or settle. Before commencing the excava· tion, the person making or causing the excavation to be made shall notify in .writing the owners of adjoining buildings not less than 1 0 days before such excavation is to be made.
· 3.3 Storage of Materials a. Materials to be stored at or near construction sites shall be piled or stacked in an orderly m anner to avoid toppling over or being otherwise displaced. No materials shall be piled or stacked higher than 1 .80 meters, except in yards or sheds intended especially for storage. When piles exceed 1.20 meters in height, the material shall be so arranged that the sides and ends of the piles taper back. b. The placing of construction materials in a building/structure during construction operations shall be done with the consideration of the effect of such loads on the structural members and such loads shall, in general, be placed as near as possible to the points of support of the structural members. Such loading shall not cause stresses in any structural member b~yond the design stresses . .c. Waste materials or rubbish resulting from construction operations shall be removed as rapidly as possible and shall not be allowed to accumulate on the premises or adjacent thereto. d. Storage of combustible materials shall not be allowed in any part of a buifding under construction untit fire proofing of that pert of the building has been installed. Storage of combustible materials shall not be permitted under or near welding operations.
91
e. In every building of reinforced concrete construction, forms of combustible materials shall be stripped from the concrete and removed from the building as soon as practicable. No part of the building shall be used for the storage of combustible materials until such forms have been removed in the part of the building. f. Storage of materials on stairs or in stairways or adjacent to stair openings shall not be permitted.
g. Open fires for the purposes of disposing of waste materials, the heating of roofing or other materials or for any other purpose whatsoever shall not be allowed except with the permisssion of the Chief pf the local Fire Service. In Fire Zones of Types 1, 11 and 111 construction, only heaters with enclosed flames shall be used for the heating of any roofing or other similar materials. Wherever any enclosed flame heaters or open fires are used, there shall be a workman in constant attendance, whose duty shall be to have such heater or fire under proper control at all times. 3 .4 Fire Protection a. In a building in which standpipes are required, such standpipes shall be installed as the construction progresses in such a manner that they are always ready for Fire Department use, to the topmost constructed floor. Such standpipes shall be provided with a Fire Department connection on the outside of the building at the street level and with one ( 1) outlet at each floor. b. In every construction operation wherever a tool house, storeroom or other shanty is built or a room or space is used for storage, dressing room or workshop, at least one (1 l approved handpump, tank or portable chemical or dry powder fire extinguisher shall be provided and maintained in an accessible location. c. During construction operation, free access from the street to fire hydrants and to outside connection for standpipes, sprinklers or other fire extinguishing equipment, whether permanent or temporary shall be provided and maintained at all times. No material or construction equipment shall be placed within 3.00 meters of such hydrant or connection, nor between and the center line of the street. 3.5 Sanitation and first aid a. Adequate toilet facilities, maintained in a clean, sanitary condition, shall be provided at the construction/demolition site for the use of the workers. b. An adequate supply of pure, cool drinking water shall be provided for workers during hours of work, and adequate sanitary washing facilities shall be provided for workers within reasonable access. c. At every construction/demolition operation, arrangements shall be made for prompt medi~al attention in case of accident. An ample supply of first aid medicine (e.g. iodine, mercurochrome, absorbent cotton , aseptic gauze bandages) shall be provided and maintained .in a clean sanitary cabinet, which shall be available at all times under the direction of the superintendent or a person designated by him. Unless competent medical attention is quickly available, where more than 200 workers are employed, a properly equipped first-aid room shall be provided, and a physician or competent nurse shall be in constant attendance.
92
3.6 Temporary Light and Power a. All parts of buildings/structures under construction/demolition, and all sheds, scaffolds. canopied walkways. work or storage areas, and equipment used in connection with such operations shall have sufficient light to insure safety and protection of life an9 property. In passageways, stairways and corridors the·average light intensity measured at floor level shall be not less than 2 foot candles. b. At locations where tools and/or machinery are used, the average light intensity measure at flooc level shall be not less than 5 foot candles. Natural or artificial illumination shall be provided in such a manner that glare-and shadows will not adversely affect the protection of workers and property. c. Temporary wiring for light, heat and/or power shall be adequately protected against mechanical or over-current failures. All conductive materials enclosing fixed or portable electric equipment, or forming a part of such equipment shall be properly grounded. d. Temporary electric service poles shall be self-supporting or adequately braced or guyed at all times. 3. 7 Welding and Cutting a. Gas welding and cutting and arc welding in construction/demolition operations shall be restricted to experienced workers to the NYMC. Suitable goggles or helmets and gloves shall be provided for and worn by workers engaged in gas welding or cutting or arc welding. Incombustible shields shall be provided to protect the worker when exposed to falling hot metal oxide. b. Gas welding or cutting shall not be carried out in any place where ample ventilation is not provided, or from which quick escape is difficult. When unavoidable. workers engaged in such work in confined spaces shall be allowed frequent access to fresh air. a relief worker shall be stationed close at hand to assist the worker in case of accident and to shut off the gases. c. Gas welding or cutting or arc welding shall not be done above other workers. When unavoidable, an incombustible shield shall be provided between the work and the workers below. A watchman shall be stationed to give warning at places where workers, in the course of their activity, are likely to pass under a gas welding or cutting or an arc welding operation. d. Tanks of fuel gas shall not be moved or allowed to stand for any extended period when not in use unless the caps of such tanks are in place. Suitable cradles shall be used for lifting or lowering oxygen or fuel tanks, to reduce to a minimum the possibility of dropping tanks. Ordinary rope slings shall not be used. e. Tanks supplying gases for welding or cutting shall be located at no greater distance from the work than is necessary for safety. Such tanks shall be securely fastened in place and in an upright position. They shall be stored or set in place for use so that they are not exposed to the direct rays of the sun or to high temperature. f. Before steel beams or other structural shapes or elements of construction are cut by means of a gas flame they shall be secured by cables or chains to prevent dropping or swinging. g. Where, in the course of demolition work, steel work or ironwork is being
93
cut, released or dismantled, all necessary precaution shall be taken to prevent danger from sudden twist, spring or collapse. 3 .8 Special Typhoon Precautions a. Whenever a typhoon is expected to pass at or near the construction site, all construction materials or equipment shall be secured against displacement by wind forces. Construction sheds, construction materials and equipment shall be secured by guying, shoring, or by tying down. b. Where a fuJI complement of personnel is employed or engaged for such protection purposes, normal construction activity or uses of materials or equipment may continue, allowing such reasonable time as may be necessary to secure materials or equipment before winds of gale force are anticipated , in accordance with warnings or advisories issued by the PAGASA. 4. EQUIPMENT, TEMPORARY STRUCTURES AND DEVICES:
4.1 Hoisting Machinery a. In addit ion to the requirements of Sec. 4 of Rule X, every hoisting engine ·shall be provided with adequate brakes capable of holding the maximum load at any point of travel. b. Hoisting machinery shall be enclosed to exclude unauthorized persons. If placed outside the building, further protection against falling objects shall be provided. Guards shall be provided for exposed gears and other moving parts and around hoisting cables at all points to prevent workers from tripping or getting their clothing caught . c. Ample room shall be provided around hoisting engines. motors or other machinery or apparatus to allow the free and safe movement of the operators. d . When hoisting machinery is set on an elevated platform, such platform shall be of substantial and sturdy construction. Guard rails and toe boards shall be provided along all open sides of such platforms. e. Electrical machinery and equipment to be used for construction work shall be instalfed and operated in accordance with the Philippine Electrical Code . f . Steam boilers used in construction work shall be installed, equipped and
maintained in accordance with the Philippine Mechanical Engineering Code. g. A tag or guide rope shall be used on all loads being hoisted or lowered. 4.2 Platform Hoists a. Platform hoists for the handling of materials in buildings under construction shall have the car substantially c.o nstructed and provided with covers, either solid or wire mesh . Sections of the cover may be arranged to swing upward for the handling of bulky materials. If suitable overhead protection is provided the covers may be omitted. b. Hoists shall be equipped with a broken-rope safety device. c. Where wheelbarrows or buggies are used for handling material on platform hoists, cleats shall be nailed to the platform to fix the proper position so that handles shall not project beyond platform edges.
94
d. Supports for the overhead sheave of the hoist shall be designed to carry two times the weight of the hoist and its maximum load.
4.3 Hoist Towers
a. Hoist towers erected in connection with construction work shall be substantially constructed. All members shall be so proportioned that the stresses shall r.ot exceed those specified for the material when carrying the dead load of the tower plus two times the weight of the platform or bucker or its maximum load . b . Every hoist to~er shall rest on a sufficiently solid foundation to prevent injurious settlement or distortion of its framework. c. The base of every hoist tower shall be screened or otherwise protected on all sides to a height of not less than 1 .80 meters. d. Every hoist tower shall be secured in not less than four directions against swaying or tipping, at intervals of not more than 9.75 meters in its height, by steel cable guys adequately anchored or by other satisfactory means. Such towers which are constructed adjacent to buildings shall be secured to the building frame at each floor as the construction progresses. e. Hoist towers erected within the building, but not occupying the entire opening through which they pass , shall be completely enclosed on all sides to the height to which material is to be loaded or uni"Oaded. f. Landing platforms in hoist towers or platforms connecting a hoist tower to
a
building or other structure shall be provided with guard rails and toe boards.
4.4 Derricks and Cranes a. Derricks shall be so designed and assembled that no part shall be stressed beyond the safe working stress for the material under its maximum rated load in any possible position. Such maximum load shall be conspicuously posted on each derrick. b. The foot-block of every derrick shall be firmly secured against motion in any direction. c. Guy derrick shall have the top of the mast held by not less than six (6) steel guy cables secured by firm anchorages and so placed that the angle of the guy with the mast shall be as large as possible.
d. The moving parts of derricks and cranes shall be kept well lubricated. Atl parts shall be inspected at least every other day. e. Use and operation of cranes shall be in accordance with Section 3 of Rule X. f. In the operation of cranes, and similar devices a standard signal system shall be used and all men assigned to the operation of such equipment shall be fully instructed on the signals.
4.5 Cables. Ropes, Chains and Blocks a. All ropes and cables used in connection with scaffolds, derricks and . hoisting apparatus shall be tested before being put to use at least oncEevery 30 days while in use, to insure their safety and suitability for the purpose . Any rope or cable found to be unsafe or unfit shall not be used.
95
b. Cables, ropes. chains and blocks shall be of such size that the maximum load supported by them will not exceed one sixth ( 1/6) of their breaking strength . Blocks designed for use with abaca ropes shall not be used for steel cables. Blocks used at or near floors or in other exposed places to change the direction of cables shall be enclosed or otherwise effectively guarded. · c. Chains shall not be used for slings, bridles or other similar purposes, but shall be restricted to only such purposes, as a straight pull. d . Hooks shall not be used for hoisting buckets, cages or skips. 4.6 Ladders and Temporary Stairway a. Except where either perman ent or temporary stairway or runways are re· quired, ladders shall be provided to give access to all floors, stagings or platforms where work is being done more than five storeys above ground or above a permanent or temporary floor. Ladders required by this Rule shall be substantial construction. They shall be left in place until the permanent stairway are ready for use or until temporary stairways are installed. Stairway~ shall be erected as soon as the building exceeds 18.00 meters in height. b. Ladders , other than sectional extension ladders, shall not be extended by joining two or more together. No single ladder shall exceed 6.00 meters in length. When greater heights are to be reached, intermediate platforms shall be erected. Ladder landings shall be at least -1.20 meters square and equipped w ith handrails and toe boards. Ladder rungs shall be spaced uniformly and as near to 300 mm. as is practicable. c. ladders leading to floors, staging or platforms shall extend at least 900 mm. above the level of such floors, stagings or platforms. d. When used temporarily in place of stairway or runways, ladders serving tra~fic in both directions simultaneously shall be at lea~t 1 .00 meter wide. If separate ladders are provided for going up and coming down, they shall be marked "UP" and "DOWN" respectively at each floor and platform level. e. All ladders, when prevent slipping. ladders, shall be and if necessary, or shaking.
in use, shall be set up in a manner to be secured and to ladders, except stepladders or other sel~·supporting securely fastened to a permanent support at the top, at the bottom, and braced to prevent swaying, bending
f. Ladders shall not be placed or used in shafts of operative elevators or hoists except by workers engaged in the erection, construction , alteration or repair of any such shafts, hoistway or equipment. g. Ladders shall not be painted, but may be oiled or treated with preservatives so as to permit the detection of faults. Every ladder shall be inspected by the superintendent or foreman in charge before being put to use on a construction operation and thereafter at least once every 30 days while in continued use. Broken or weak ladders, or ladders with weak or missing rungs, shall not be used or permitted to remain on the construction site: but shall be repaired and made safe or destroyed. h. Permanent stairways shall be installed in all buildings under construction as soon as conditions will permit.
9f)
When the work on a building has progressed to height in excess of 18.00 · meters and it has not been practicable to install the permanent stairways, at least on e temporary stairway shall be provided for the full height and continued upward as rapidly as the work progresses. i. Stairs and stairways Shall be of sufficient strength to support a load of at leas: 490 kg./square meter. All stairway shall be guarded on all open sides with hand rails and toe boards.
j. Temporary stc;tirs shall be constructed so thct treads and risers are uniform in width and height in any one flight. The sum of t he 'h eight of the two risers and the width of one tread shall be not t~ss than 160 millimeters nor more than 660 millimeters. Temporary stairway shall be not less than 91 5 millimeters wide. landings shall be not less than 762 millimeters long. No flight of stairs of a temporary stairways shall have a vertical rise in excess of 3.60 meters. Whenever necessary intermediate landings shal\ be provided. k. Temporary and permanent stairways shall be adequately lighted, as set forth in Section ·3.5 of this Rule. I. Permanent stairs that are to be used during construction and on which treads are t o be f illed in later shall have wooden treads firmly fitted in place for t he f ull area of t he tread. The top surfaces of the temporary treads shall be maintained above the tops of the risers or nosings.
m. No door.shall open directly onto a fliqht of stairs, but a landing eQual to at least the width of the door shall be provided between the door and the stairs. Temporary doors higher than 1.35 meters shall be fitted with wire glass panels. 4 .7 Runways and Ramps a. Runways and ramps in connection with scaffolds or extending from story to story or otherwise located and maintained for an extended period of time or for the transfer of bulky material shall be constructed of at least three 250 millimeters planks laid closely side by side and substantially supported and braced to prevent unequal deflection and spinging action. b. Runways and ramps shall have a slope not steeper than one in three. The total rise of a runway or ramp between landings shall not exceed 3.60 meters. c. When the rise is steeper than one in six, or when the rise is more than 1.8 meters and steeper than one in- eight, runways or-ramps shall be provided with cleats spaced not more than 200 millimeters apart. d. runways and ramps having a total rise of more than 1.80 meters or .passing over or near floor openings, high tension wires or other dangerous places, shall be provided with guard rails and toe hoards. 4.8 Scaffolds a. Properly const ructed scaffolds shall be provided for all work which cannot be done safely by workmen standing on permanent or solid construction, except when such work can be done safely from ladders. All such scaffolds shall be substantially constructed to support at least four times the maximum load, and shall be secured to prevent swaying.
97
b. Planks used in the construction of stationary scaffolds shall be not less than 50 mm nominal thickness. Where such planks overlap at the ends, the overlap shall be not less. than 1 50 mm. Planks shall be so placed that they cannot tip under the weight of the worker at any point. ~ails used in the construction of scaffolds shall be of ample size and length to carry the loads they are intended to support. All nails shall be driven full strength. No nails shall be subject to direct pull . . c. Ropes, cables, and blocl<s used in the support of swinging scaffolds shall be of sufficient size and strength to sustain at least six times the maximum loads to which they will be subjected. Where acids are likely to come into contact with them, ropes shall not be used in support of scaffolds, but steel cables properly protected by.grease or oil or other effective methods shall be used instead. d. Every scaffold , the platform level of which is more than 1.80 meters above the ground or above a permanent or temporary floor, other than iron workers' scaffolds and carpenters' braker scaffolds, shall be provided with guard rails and toe boards extending the full length of the scaffold and along the ends except where ramps or runways connect with them, unless otherwise enclosed or guarded. On suspended, swinging and pole scaffolds, the space between guard rails and toe boards shall be fitted with wire mesh screens securely attached. e. Where· objects are likely to fall on scaffolds from above, a substantial overhead protection shall be provided; not more than 3.00 meters above the scaffold platform , and at doorways, passageways or other points where workers must pass under scaffolds, a substantial overhead protection shall be provided. No materials or equipment other than required by the workers shall be placed on scaffold platforms. f. Roof brackets, roof scantling, crawling boards and similar forms of supports aha\\ be substantial in construction and securely fastened in place when in use. g. Barrels, boxes or other similar unstable objects shall not be used as supports for planking intended as scaffolds or place of work. h. When used over public sidewalk or other places of public use, scaffolds used for minor buildin9 repairs, alterations, or painting, shall be equipped with drop cloths to effectively prevent the falling of paint or debris. i. Scaffolds for sandblasting and guniting operations shall be entirely and effectively enclosed, and the determination of effective enclosure shall be the complete absence of particles of materials of operation in the air at a horizontal distance of 15.00 meters irom the point of operation. 4.9 Temporary Flooring a. In buildings of skeleton construction, the permanent floor, except for necessary hoiscyvay openings, shall when possible, be constructed as the building progresses. There shall be not more than three un-filled flobrs above the highest permanent floor. b. In buildings of wood joist construction, the under-floor shall be laid for each floor as the building progresses. c. In buildings of skeleton construction the entire working floor shall be
98
planked over, except spaces required for construction work, for raising or lowering materials, and for stairways or ladders. Planks shall be placed so that they cannot tip under the weight of a worker at any point and secured so that they cann.ot slip out of place.
4.10 Floor Openings . a. All floor openings use
4.11 Guard Rails and Toe Boards a. Guard rails, when required under this Rule, shall have the top rail not less than 910 IT)m. ~igh abov~ the platform l~vel. An intermediate rail shall be provided 'between t he top rail and the platform. All guard rails shall have adequate supports not more than 2.40 meters apart. . Every guard rail shall be constructed. to withstand a horizontal force of 30 kgs. per meter. ·
b. Toe boards, whenever required under this Rule, shaU be solid to full height, and .shall extend not less than 1 50 mm. above the platform level and shall be placed to fit close to the edges of the platform. They shall be adequately ·supported, secured and br~ced along the entire length to resist the impact of ·worker's feet and .the shifting of materials. Toe boards of wood shalt be not less than 25 mm. nominal thickness; with supports not more than 1.20 meters apart. Toe boards of metal shall not be less than 3.174 mm. thick, with support not more than 1.20 meters apart.
5. DEMOLITION 5 .1 Precautions before demolition a. Before commencing the work of demolition of a building/structure, all gas, electric, water and other meters shali be removed and the supply lines disconnected, except such as are especially·provided or required for use in connection with the work of demolition. b. All . fittings attached to the building and connected to any street lighting system, electrical supply or other utilities shall be removed .
99
c. All electric power shall be shut off and all electric service lines shall be cut and disconnected by the power company at or outside the property line. d. All gas, water end other utility service lines shall be shut off and cut or capped. or otherwise controlled at or outside the building line. In each case, as also in 6 . 1.3 above. the utility company inlv'olved shall be notified in advance and its approval or cooperation obtained. e. No electric cable or other apparatus, other than those especially required for use in connection with the demolition work, shall remain electrically charged during demolition operations. When it is necessary to maintain any power, water, gas or other utility lines during the .process of demolition, such lines shall be temporarily relocated and protected w ith substantial covering to the satisfaction of the utility company concerned . f. All necessary steps shall be taken to prevent danger to persons arising from fire or explosion from leakage or accumulation of gas or vapor; and from flooding from uncapped water mains, sewers and/or culverts. g. All entrances/exits to and.from the building shall be properly protected so as to prevent any danger to persons engaged in the demolition work using such entrances in the performance of their work. h . Glazed ashes and glazed doors shall be removed before the start of demolition operations.
6.2 Chutes a. Chutes for the removal of materials and debris shall be provided in all parts of demolition operations which are more than 6.00 meters above the point from which material is to be removed. Chutes shall be so situated and constructed so as not to pose any danger to the public or to workmen. b . Chutes shall be completely enclosed and shall be equipped, at intervals of 7.60 meters or less, with substantial stops to prevent descending materials from attaining dangerous speeds . Proper tools shall be provided and kept available to loosen materials or debris jammed in the chute. No materials or debris shall be dropped from any part of a building under demolition to any point outside the walls of the building except through properly enclosed wooden or metal chutes. c. Chutes which are at an angle of more than 46 ° from the horizontal shall be completely enc\osed on all four sides, except for openings at or about floor level at each ffoor, for the receiving of materials debris. d. Chutes at an angle of less than 46 ° with the horizontal may be left open on the upper side. However, where such a chute discharge Into another chute steeper than 46 ° with the horizontal, the top of the steep chute shall be covered at the junction point of the two chutes to prevent the spillage of materials or debris. e. Openings into which materials or debris are dumped at the top of a chute shall be protected by a substantial guardrail extending at least 1. 90 meters above the level of the floor.
f. At chute openings where materials or debris are dumped from wheelbarrows, a toe board or bumper not less than 160 mm. high and 50 mm. nominal thickness shall be provided. Any space between the chute and edges of floor openings through which the chute passes shall be solidly planked over.
100
g. Chutes, as well as floors, stairways and other places, shall be effectively wet down at frequent intervals, whenever the dust from demolition operations would cause a menace or hardship to adjoining buildings or premises. h . The bottom of each chutes shall be equipped with an adjustable gate or stop for r.egulating the flow of materials . Except when in actual use in the discharge of materials, the gate or stop shall be kept closed . A reliable person shall be designated to control the gate and the backing up and loading of trucks. He shall see to it that no person is allowed to stand or pass under the discharge end of the chute at any time. i. The area at the discharge end of each chute shall be completely enclosed with a substantial fence at all times or otherwise made inaccessible . A danger sign shall be placed at t he discharge end of every chute.
5.3 Demolition of Walls and Chimneys a. No wall, chimney or other construction shall be allowed to fall in man, except under competent supervision. Scaffolds or stagings shall be erected for workers if walls or other elements of the structure are too thin or tou weak Heavy structural members, such as beams or columns, shall be carefully lowered and not allowed to fall freely. b. Masonry walls or sections of masonry walls shall be permitted to fall upon the floors of the building in such masses as to exceed the safe carrying capacity of the floors.
c. No walls or section of walls
whos~ height is more than twenty-two (221 t imes its thickness shall be permitted to stand without lateral bracing unless such wall is in good condition and was originally designed to stand to a greater height without such lateral support.
d. Workmen shall not be permitted to work on top of a wall when weather con-. ditions constitute a hazard .
e. Before demolishing any interior/exterior wall which is within 3 .00 meters of any opening in the floor immediately below, such opening shall be substantially planked over unless all workmen sre removed from all floors below and access to such floors are positively prevented. f. At the completion of each day's work, all walls urn:femolished shall be left stable and in no danger of overturning or falling.
g. Foundation walls which serve as retaining walls to support earth and adjoining structures shall not be demolished until such adjoining structures have been underpinned or braced, and eart h either removed or supported by sheet piling or other suitable materials. h. In the demolition of brick and/or masonry chimneys which cannot safely be toppled or dropped, all materials shall be dropped down through the inside of such chimneys.
i. The loading point at the discharge end of any chute at or near at or near the bottom of a chimney shall be completely protected by means of any overhead timber canopy constructed in accordance with Section 2.3 of this Rule.
101
j. To enable workmen to reach or leave their work on any wall or scaffold , walkways shall be provided. Such walkways shall not be less than three (3) planks , properly tied or nailed to bearers of not less than 560 mm. in width, such that the planks do not deflect more than 50 mm. under normal loading.
k. In buildings of skeleton construction, the steel framing may be left in place during the demolition of masonry work . When this is done, all steel beam, girders and the like shall be cleared of all loose materials as the demolit ion progress downward.
5.4 Demolition of Floors
a. Before the demolition of floors and floor beams shall be completely supported by temporary planking and supports. When the load is transferred to lower floors , these floors shall be carefully propped. Demolition of floors shall not be started until the surrounding floor area to a distance of 6 .00 meters have been entirely cleared of debris and other unnecessary materials. b. No floor, roof or other part of a building that is being demolished shall be so overloaded with debris or materials as to render it unsafe.
c. Where workmen are engaged in the removal of iloors, planks of ample strength which are supported independently of the flooring shall be provided for the workmen to step on . The planks shall be so placed as to give the workmen a firm support in case the floor gives way or collapses unexpectedly. Where it is necessary for a workman to stradle a space between two planks, such space shall not exceed 400 millimeters. To enable workmen to reach any work place without the necessity ot walking on exposed beams, planks shall be provided to serve as catwalks. Stringers of ample strength shatl be installed to support. The planks where necessary of such intringers shall be supported· by the floor beams or girders. d. Planks used for temporary protectioh shall be sound and at least 2 5 mm, thick. They shall be laid close together, with the ends overlapping by at least 100 mm. over solid bearings to prevent tipping under a load .
e. Where floors are being removed, no workmen shall be allowed to work in the area directly underneath. Such areas shall be barricaded to prevent access to it.
f. Structural or load-supporting members on any floor shall not be cut or removed until all stories have that floor have been demolished and removed. g. Where any floor has been removed, the entire tier of beams on which any device is supported shalf be completely planked over, except for such openings as are required for the handling of material or equipment. h. Stairs and stair railings shall be kept in place and in usable condition as long as it is practicable. Steps and landings shall be kept free from debris.
102.
RULE XVI - LIGHT AND VENTILATION Pursuant to section 801 to 811 of the National Building Cede (PO 1 096), the following rules and regulations shall be observed: 1 . GENERAL PROVISIONS:
· 1.1 Subject to the provisions of the Civil Code of the Philippines on easements of · light and view. and to the provisions of chapter 8 of the code, every building shall be designed. constructed, and equipped to provide adequate light and ventilation . 1. 2 All buildings shall face a street or public alley or a private street which has been duly approved . 1 .3 No building shall be altered nor arranged so as to reduce the size of any room or the relative area of windows to less than t hat provided for buildings under this rule, or to create an additional room conforms to the requirements of this rule. 1 .4 No building shall be enlarged so that the dimensions of the required court or yard would be less than that prescribed for such building.
2. MEASUREMENT AND PERCENT AGE OF SITE OCCUPANCY 2.1 The measurement of site occupancy or lot occupancy shall be taken at the ground level and shall be exclusive of courts, yards and light wells. 2.2 Courts , yards, and light wells shall be measured clear of all projections from the walls enclosing such wells or yards with the exception of roof leaders. wall copings sills or steP.I fire escJ pes no• Pxcn(•dinQ 1./.0 n"' ("' 1n ..... , 1 ~, 2.3 Maximum stte occupancy shall be governed by use, type of construction, and height of the building and the use, area, nature and location of the site; and subject to the provisions of the local zoning requirements and in ·accordance with the following .
TYPE OF OPEN SPACES a - Public Ope., Spaces streets, alleys, easemen•s of seashores, rivers, plaza. playgrounds, etc.
es~cros.
railrond, tracks. parks.
b -· Private Open Spaces . courts, v
ro<:~ds
and park -
103
Table 1 - Private Open Space Requirements PERCENT OF OPEN SPACE
A & B (Residential)
TYPE OF LOT
All Others
a} Interior Lot (Lot located in the interior of a block made accessible from a public street or alley by means of a private access road)
50%
25%
b) Inside lot (Non-corner or single frontage lot)
2 0%
15%
c) Corner and/or Through Lot
10%
5%
5%
5%
d) Lots bounded on three (3) or more sides by public open spaces such as streets, alleys, easement of seashores, rivers , esteros, etc.
NOTE: 1) Refer to Section 3 of Rule 1 1 1 for occupancy grouping. 2) Group A buildings in R· 1 Zones shall follow the minimum yard standards in Table 1 1 to comply with the open space requirement. EXCEPTIONS: When the lots as described in (b), (c) and (d) in Table 1 are to shallow such that the public open space on which they abut can adequately supply light and ventilation to every room therein si,Jbject to the requirements on window openings, the requirements on private open space above may be waived, provided, however, that for lots abutting only one public open space, the depth shall be not more than 5.00 meters and for those abutting two or more public open spaces, the depth shall be not more than 10.00 meters .
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8
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104
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IHTEJ:IIOA LOT 09tn t{)OC:t
~,. ~.
• . c, o a
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-~PW~o..t
25% ooen apoet
,., !, F, 0, H .. I &<~'"
INSIOE t.OT ·20 "' OC*'I space fer A.I. C.O a J oc~ l5% optn . IPOCt 11r E,F,O, Hal occ_.a"
tront lot
- · ' - - --
l -
street
street
F\G. 1.1
FIG. 1.2
\ \
\
street
FIG. 1
CORNER l.: T 10 % open •
THROVGH LCTT 10 % open apace
tot A, I ,C, O a J tot
tk._I.C,O I J ..,....._
5" Opel'!
I_._.,
' " ' open a 1 oee
fOr E. F• •• H
i ___I
tlr!,F, O,H al
lpciCt
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tfrttt -------.F~IG~.~,~.4 r----- ---
FIG. I.!
..
....
0
CORNER- THROUGH LOT
!5 % open spoee """ en ,,_. tce11••cte•
i~
... ,I
,·• _ " '0
C~ER
LOT ABVTTlNO
3 OR MORE STREETS AL.LfY'S, RIVERS, £TC.
&'WI
CC~en
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l'efell.._,~
ttr"' FIG. US
1
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l:'
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i
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105
3. SIZES AN D DIMENSIONS OF COURTS AND YARDS M inimum sizes of courts and yards and their least dimensions shall be governed by the use, type of constru ction and height of the build ing as provided hereunder , pro vided that the minimum horizontal dimension of said courts and yards shall be not less than 2.00 m ete rs . All inner courts shall b e connected to a street or yard, either by a passageway with a minimum wid th of 1.20 meters or by a door through a room or rooms.
3.1 Courts - An .unoccupied sp ace b etween building lines and lot lines other than a yard : free, open and unobst ructed from the ground upward. a) Inner Court lines .
A court bounded on all sides or around its periphery by building
b ) Open Court .. A court boundecl on three sid as by building lines with one side bounded by another open spact whether public or private. cl Through Court - A court bounded on two opposi te sides by building lines w ith the othEH opposite sides bounded by other open spaces whether public o r private . Ever y court shall have a width of not less than 2. 00 m eters for one and two-story b uild ings . However , this may be reduce to not less than 1.5 0 m eters in cluster liv ing units such as quadruplexes . rowhouses and the lfke one or t wo stori es in heig ht with adjacent courts w ith an area of not less t han 3.00 square met ers . Provided , further. that the separation with or fen ces, if any , shall be not higher th an 2 .00 m eters . Irregularly shaped lots such as triangular lots and the like whose courts may be also triangular in shape may be exempted from having a minimum width of 2.00 meters, provided that no side thereof shall be less th an 3 .00 meters and the area shall be not less t han that required in Table 1.
S
OP£H
a.oo
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E
T
SI'ACll,-~~%~ •~t·..,..·
uc)l.
DtlltNSIOMS Of' SlOES 2..00 1111. AHO 1.&0 1111 . . . AY INT£" CHAN8[ .
T
llll i
A
E
T
SECT I ON
~
_ _ _ _ _ . . . . COUOT/TAOO--
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7
( tota l •••• 1101 leiS t l'lu reqlih u••nt of TAIIL£ I)
no aidf Ina ttoc111 J .OO "'·:
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For buildings more than t wo (2) stories in height, the minimum w idt h ot the court shall be increased at the rate of 300 millimeters (0. 3 0 m) for each additional story up to the f ourteenth story. For buildings exceeding fourteen (14) stories in height, the required widt h of the cou rt shall be computed on tl:le basis of fourteen ( 14\ st ories .
TABLE Ill Ml MIM\Jioot COURT •
KINOS OF LOT IMTERIOtl IN810£ ecwtUI~
T OTAL OPEN SI"ACE IIU REQUIRED
50,.,
~oo.~:<"'·
3
..
s
YAR!' WIDTH RtQUIREIIIEN T FOR EVEitY STORY 1
'
8
•
10% IIO•q.m. 10,.,
5o,q.m.
.
2.00 2 .30 2.410 2.90 3.20
l.~
!.80 4.10
! 10
"
~
I 4 ,40 ; 4,70
1t
1,, '
' ~. 00 ~30
\4
: !!. ~
abuttno ~~ ,,., ! ' : men*""· 30"·"'· nv.r.. -.oa:. l •Sampe Computation: A lot with an area (1f 600sq.m. Minimum Mtback Of 0 .30M. for ev.ry a1ory ttorttnv from m• third floor up shctll be added to tl\e minimum rtqUirtd wl.dth Of 2 . OOM.
l.OT
for tM fll'$t and ..coM 11oriet ond moy be d111ribut•d in different areas provided fhclt the to1al OCKJrtvott open space shall not be leu than tM percentOQt required.
'
width of court or oP•nlng at and upper floors
TABLE IV CLEAR Wl[)nt OF PUBliC lrAEET Oft AI..LfY
t---
108
2 .001111.
to 2. 991111. S. 9~
ITORY ti£1GHT ALLOM:D WITI40UT
Tn•
( ) ) Sfiii'•Y•
,_
14 1 S tor.,-.
3.00M.
tel
4.00 M.
to • .•• 1111.
,....
(51 Storeys
!U)O M.
to !!.Itt loot.
Sla
(41)
41-00M.
10
41."-M.
1•-w.ll ( TI Stofe7t
7.00111.
to 7.99M.
El_., ( 8) Stor•y•
1.00111.
to
l .ttM.
Mlae ( t) Store,.
9.00M. to
• . 99M.
T0111
Storey•
( 10) Storey•
S€TIACK
3 .2 Yard - The Vacant space left between t he building and the property lines . Yards shall be subject to the same basic requirements as courts. In addition, the follo wing rules shall be observed: a)
Yards for Residential Buildings
YARD Front Side Rear Where: R-1
ZONES R-2
R- 1 5.00 m. 2.00 m. 2.00 m.
R-3
*See abutments -do-do-
means Low-Density Residential Zone, characterized mainly by single-family, single detached dwellings with the usual community ancillary uses on a neighborhood scale, such as exclusive residential communities which are not subdivisions.
R-2
means Medium-Density Residential Zone, characterized mainly by mediumdensity housing like low and medium-rise, multiple family dwellings on a limited scale and the usual community ancillary uses on a barangay scale , such A semi-exclu sive subdivisions and semi-exclusive residential communities which are not subdivision s.
R-3
means High-Densi ty Residential Zone, characterized by a very mixed housing type and high density housing. like high-rise buildings with more than usual community ancillary uses increasingly commercial in scale.
PR>fiERTY WALl WITM ONE-HOU FIRE-RE SfSTlVE RATING
fWnY WITH I ONE-HOUR filE
RESISTIVE f\ATI
I I I
FRONT
SECnONAL ELEVAllQII
CROSS SECTION
REAR SECTIONAL
ELE,.TION
109
Abut ments on the f ront, side and rear property lines may be allowed provided t hat the f ollowing requirements shall b e c om plied with: 1. Open space as prescribed in \able , . 2. W indow opening as prescribed in Section 7 .
0
OPEN SPACE
b ALTERNATE LOCATIONS
PROP. LIME STREET
PfiOP.LlNE
STREET
110
PftOP.LINE STREET
PROP. LINE
STREET
3. F1r ewall with a minimum of one-hour fire resistive rating constructed w ith a minimum height clearance of 1 .00 meter above all the roof. The required open space shall be located totally or di stributed anywhere w ithin the lot in such a manner as to provide maximum light and ventillation into the building. b ) Yards Commercial , Industrial , Institutional and Recreational Buildings .
ROAD RIGHT-OF-WAY FRONT REAR SIDE ·····- - -··· ·····-·- ······-· - -- ..·--······-- -····-··--·--·-· ··---· · - -·-· ·- --·-·····- 30 ~eters & above 10m. 3 m. 3m. 25-29 meters 8 m. 3m. 3m . 6 m. 20-24 m eters 3m . 3 m. 4m . 1 0-1 9 meters 2m. 2m . Below 10 meters ..
__________
The yard requirements in Table 111 above are for newly-developed thoroughfares. For highly built-up urban areas with duly established lines and grades reflecting therein proposed road widening and elevation, the requirements in Tabl e 11 1 above may not be imposed and the building may abut on the front side and rear property lines provided that the requiremen ts on ope ~ space, window opening, artificial ventilation. if any, and firewall s are complied' w it h .
3. 3 Setback - the vacant space left between the building and lot lines not l ess than 2.00 meters in width . A setba ck may be considered part of the open space , provided that it abuts a permanent public open space without any separation between them which obstructs the free flow of light and ventilatiOn . Fences , if any, made of wrought or galvan ized iron bars and the like with solid masonry zocalo, if any, not higher than 1 .00 meter shall be allowed.
3 .4 Uncovered Driveways, Access and Parking Spaces may be considered as part of the open space provided that they are open and unobstructed from t h e ground upward as in courts and yards. 4 . CEILING HEIGHTS:
4.1 Habitable room s provided with artificial ventilation shall have ceiling heights not less th an 2.40 m eters mea sured from the floor to the ceiling; Provided that for buildings of more than one-storey, the minimum ceiling height of the firs t story shall be 2. 7 0 meters and that for the second story 2. 40 meters and the succ eeding stories shall have an unobstructed typical head-room clearance of not less than 2. 1 0 meters above the finish ed floor. Above stated rooms with a natural ventilation shall have ceiling heights not less than 2. 70 meters. 4.2 Mezzanine floors shall have a clear ceiling not less than 1.80 meters .tiJovc an•1 belovv it.
5. SIZES AND DIMENSIONS OF ROOMS: M inimum s1zes of rooms and their i east horizontal dimensions shall be as follows:
5.1 Rooms for Human Habitations 2.00 meters; 5.2 Kitchen -
6.00 square meters with a least dimension of
3 .00 squarP- meters w i th a least dimension of 1. 50 meters .
5.3 Bath and toilet -
1.20 square meters with a least dimension of 0.90 m eter.
11 J
6. AIR SPACE REQUIREMENTS IN DETERMINING SIZES OF ROOMS: Minimum air space shall be provided as follows: 6.1 School Rooms - 3.00 cubic meters with 1.00 square meter of floor area per person; 6.2 Workshop. Factories, and Offices person; 6.3 Habitable Rooms -
12.00 cubic meters of air space per
14.00 cubic meters of air space per person.
7. WINDOW OPENINGS: 7.1 Rooms intended for any use, not provided with artificial ventilation system, shall be provided with a window or windows with a total free area of openings equal to at least ten percent of the floor area of the room, laundry rooms and similar rooms shall be provided with w indow or windows with an area not less than one-twentieth of the floor area of such rooms, provided that such opening shall be not less than 240 sq . mm. Such window or windows shall open directly to a court yard , public street or alley , or open water course. Exception. Required windows may open into a roofed porch. a) Abuts a court, yard; public street or alley, or open water course and other public open spaces. b) has a ceiling height of not less than 2. 70 meters. c) has one of the longer sjdes at least 65 percent open and unobstructed. 7.2 Eaves over required windows shall be not less than 750 miliimeters from the side and rear property lines .
9. VENT SHAFTS: 8.1 Ventilation or vent shafts shall have a horizontal cross-sectional area of not less than 0 square meter for every meter of height of shaft but in no case shall the area be less than 1 .00 square meter. No vent shaft shall have its least d'lmension less man 600 millimeters.
0.,
8.2 Skylights - Unless open to the outer air at the top of its full area, vent shafts shall be covered by a skylight having a net free area of fixed louver open ings equal to the maximum required shaft area. 9.3 Air ducts shall open to a street or court by a horizontal duct or intake at a point below the lowest window opening . Such duct or intake shall ha"e a minimum unobstructed cross-sectional area of not less than 0 .30 square meter with a minimum dimension of 300 millimeters. The openings to the duct or intake shall be not less than 300 millimeters above the bottom of the shaft and street sur· face or level of court, at the respective ends of the duct or intake.
9. VENTILATION SKYLIGHTS: Skylights shall h~ve a gross area not less than that required for the windows that are replaced. They shall be equipped with movable sashes or louvers with an aggregate net free area not less than the required for openable part in the window that are replaced or provided with approved artificial ventilation of equivalent effectiveness.
112
10. ARTIFICIAL VENTILATION: 10.1 Rooms or spaces housing industrial or heating equipment shall be provided with artificial means of ventilation to prevent excessive accumulation of hot and/or polluted air. 10.2 Whenever artificial ventilation is required, the equipment shall be designed and constructed to meet the following minimum requirements in air changes:·
CUBIC METER USE OR OCCUPANCY
Apartment Banking Space Barber Shop Beauty Parlor .Broker's Board Room Cafeteria Cocktail bar Churches Department Stores Director's Room qrugstore's (no counter) Drugstore (w/counterl Funeral Parlor Gambling Rooms, Garage Hospital Room, Hotel Room Laboratories Office Restaurant. Kitchen Shop. retail Theaters
PER MINUTE PER PERSON
CEILING HEIGHT METER
2.40
MINIMUM
MAXIMUM
0.29 0.22 0 . 22 0.22 0 .57 0.43 0.57 0.14 0 . 22 0 .85 0.22 0 .29 0.14 0.57
0.43 0.29 0.29 0.29 0.85 0.57 0.85 0.22 0.43 0.14 0.29 0.43 0.22 0 .85
3 3 3 3 8 6 8 3 3 8 3 5 3 6
0.29 0.43 0 .29 0.34 0.22 0.14
0 .43 0 .57 0.43 0.43 0.29 0.22
3 6 4 5 3
3 .00
3.70
4.90
6.10
AIR CHANGES PER HOUR
2
2 2 2 6 4 - 1/2 6 2 2 6 2 3-3/4 2
6 2 4 - 1/ 2 3 3 - 314 2
1-1/2 1-1/2 1-1/2
1 -1/2 4-1/2
3/4 3/4
,
3-~
3 2Y.
4-Y..
3
1-1/2
'1-112 4-1/2
1-1/2 3 1 :-112 4-1/2
1 3 1 2
3 1-112
1-1/ 2
3
3/4 2-1/4
2~
1 -3/4
1 y, 2
7-1/2
1
3/4
1 -112
3-1/2 2-1/4
3/4 3/4 2Yz 1 - 3/4 2-1/4 3 /4 '3/4 2-1 / 4 3/4
l
314
10.3 For other rooms or spaces not specifically covered under this Section, applicable provisions of the Philippine Mechanical Engineering Code shall be followed. 11. ARTIFICIAL LIGHTING: Buildings/structures shall be designed and equipped to provide adequate lighting in accordance with the provisions of the Philippine Electrical Code and Fire Code of the Philippines.
113
RULE XVII - CONSTRUCTION OF BUlLDINGS/STRUCTURES WITHIN APPROACH/DEPARTURE ZONES OF RUNWAYS OF AIRPORTS Pursuant to Section 105 of the National Building Code (PO 1 096} and in accordance with the latest Civil Aeronautics Administration (CAA). now Bureau of Air Transportation (BAT), Air Regulations , the following rules and regulations shall govern the construction of buildings/structures within approach/departure zones of runways'of airports. 1. DEFINITIONS - For purpose of this Rule, the following definitions shall apply: APPROACH/DEPARTURE ZO NE OF AN AIRPORT - That area with an inner edge located 60 meters from the end of the runway, perpendicular and symmetrical about the prolongation of the runway centerline both sides of which have a divergence of 12.5% towards the..outslde, and with the inner edge as the short base of the isosceles trapezoid thus formed. INNER EDGE - A line perpendicular to t he prolongation of the runway centerline and 60 meters from the end of the runway . It is the short base of the isosceles trapezoid formed by t he approach/departure zone, having a length as follows : a) 1 50 meters for runways less than 1 , 500 meters only. b) 300 meters tor runways 1, 500 meters long or more. INNER HORIZONTAL SURFACE - A horizontal plane located 45 meters above the elevation of the airport , starting from a dist ance of 390 meters from the c enterline of the runway up to 4, 390 meters, for runways less than 1,500 meters long; and at a distance of 46 5 meters from the centerline of the runway up to 4465 meters, for runways 1,500 meters long or more . TRANSITLON SURFACE - A specified surface sloping upwards from the edge of the approach/departure zone and from a line originating at the end of the inner edge . drawn parallel to the runway centerline, having a slope of .4.3% ( 1 :7). The outer limit of the transition surface shall be determined by its intersection w ith the plane of the in· ner horizontal surface. STRIP OF RUNWAY - That rectangular area determined by a line originating at the end of the inner edge drawn parallel to the centerline of the runway having a total length of L + 1 20 meters, where l is the length of the runway in meters, and a width equal to the length of the inner edge. 2 . NO NEW BUILDING/STRUCTURE SHALL BE ALLOWED WITHIN THE STRIP OF A RUNWAY. 3. The portion of the approach/departure zone where new construction is aHowed is an isosceles trapezoid symmetrical about the prolongation of the runway centerline, the shorter base of which is the inner edge of the approach/departure zone . The height o1 building/structures within this zone shall be limited by an imaginary line with a slope of 2% for the first 3,000 meters from the inner edge reckoned from the surface of the runway, and thence 2.5% beyond 3,000 meters. The dimensions of the isosceles trapezoid are on the following table.
114
Length of runway in meters ...........- ...
--·--
~-
1 , 500 or more Less than 1 , 500
Inner edge (Short base) in meters
Long base in meters
Distance between bases in meters
300 150
1,050 900
3,000 3,000
4 .. A height clearance certificate shall fir st be secured f rom the CAA (not BAT) before a bu ilding permit may be issued for th e construction of buildings/ structures located: al within 5 00 me_ t ers measured normal to the centerline of the runway of an airport, regardless of height; bl from 500 meters up to 24.5 kilometers measured normal to the centerline of the runway of an ·airport and exceeding 45 meters in height abcve the elevation of the runway; c) w ithin· t he approach/departure zone of an airport at a distance of 2, 2 50 meters measured from the inner edge, regardless of height; d} within the approach/departure zone of an airport beyond 2,2 50 meters from the inner edge up to 1 5 kilometers and exceeding 45 meters in height above the eleva· tion of the runway.
ALLOWABLE CONDITIONS (BUILDABLE) WITHIN APPROACH - ~PARTURE ZONES
! AT . HEED NOT H
CONS\l. UO IF IIUIL.IliiGS / STfiUCTUI'I£
1$ NOT MOlt£ TliAH 4e .OO Ill . IN HE IGHT I£YDI40 Til£
31S M. Ofll !100 Ill OISTA!'fCE FIIOM STRI' EOG£
- -Y--... REQUIRES . C.A.A. CL£AMHCE !IIUl,-
CROSS SECTION troT
TO
SCALE
I .A.T. NEED NOT liE CGIStLTEO F
IUIUltNGS /-l'ntUCT'-"ES IS NOT l«lRE nw4 4&.00 M. IN HE~HT llEl'OND Tt£ ~2&0 M. DISTANCE FRON INNEJII
EO (If;.
LONGlTUO.NAL SECTION NOT
TO
SCALE
115
STAAT OF CL.£ARANCE
oP .TO
~. 00 M.
@ - SHORTER RUNWAY @ - LONGER 'RUftWAY @ .w>@- OISTANC£ TO
Cl.t:AR
lP TO
4,00 M. 1£1GHT.
A
START OF RUNWAY--~
l 000"'
4·. --- - 6 0 Ill.
1
MIN.
LONGITUDINAL SECTION
~ M. lHHER EDG£ - 1,500 lol . R\H«AY
!00 Ill INME.R EDGE + I, 500 M.
$Y_,.,..._ ,
ABOUT~ '-
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....__LIMITING I'UNES HOT TO 9E P(N£TRATEO BY ANY STRUCnRES.
CROSS
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PLAN 116
I
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3,0001111.
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117
RULE XVIII - MAXIMUM HEIGHT OF BUILDINGS/STRUCTURES Pursuant to Section 707 ot the National Building Code (PO 1096) the maximum height and number of stories of every building shall be dependent upon the character of occupancy and the type of construction considering population density, building bulk, widths of streets and car parking requirements in relation to other existing local land use plan and zoning regulations, geological, hydrological, meteorological, light and ventilation, as well as other environmental considerations, prevailing traffic conditions. the availability and capacity of public utility/service systems. 1. DEFINITIONS - For purposes of this Rule, the following definitions shall apply: HEIGHT OF BUILDINGS/STRUCTURE - The vertical distance from the e-stablished grade elevation to the nighest point of the coping of a flat roof, to the average height of the highest gable, pitch or hip roof, or to the top of the parapet, if the roof is provided with a parapet, whichever is higher (See Figs. A, B. Cl .
~
~~~~-r·~.
••~00
(A)
118
M. IIAX.
(8)
· CHARACTER OF OCCUPANCY - The classification of use or occupancy of buildings/structures or portions thereof. (see page 59) TYPE OF CONSTRUCTION - The classification based on the fire resistivity ratings o1 materials and methods of construction of buildings/structures or portions thereof. GRADE (ADJACENT GROUND ELEVATION) - The lowest point of elevation of the finished surface of the ~round between the exterior wall of a buildinq and a point 1. 50 meters distant from said wall or the lowest point of elevation of the finished surface of the finished surface of the ground between the exterior wall of a building and a property
UOiol .
AO£:
LOWEST POINT OF £LEVATION OF FIN. SURFACE 1.50 M. FfQI4 THE WALL OF BLDG.
WALLar FENCE
~AO£ :
t.OM:ST POINT OF ELEVATION Of' FIN. SUftF.ACE OF GftOUtiD BETWEEN EXTERIOR WALL OF 8l.DG. AND l"ftOI'ERTV LfiE OR F£t4CE.
l EI
STREET
line if it is less than 1.50 meters distant from said waiiiSee Fig. 3 1. In c ase walls are par~llel to and within 1 . 50 meters of public sidewalk, alley or other public way . the grade shall be the elevation of the sidewalk, alley or public way !See Fig. 41. ESTABLISHED GRADE ELEVATION - The point of reference on the highest adjoining sidewalk or the highest adjoining ground surface, as established by the proper government authority. However, in case of sloping ground, the average ground level of the buildable area shall be considered the established elevation, !See Fig. 5).
2 . DETERMINATION OF HEIGHT: 2.1 The height shall be measured from the highest adjoining public sidewalk or ground surface. Provided, that the height measured from the lowest adjoining surface shall not exceed such maximum height by more than 3.00 meters; Except, that towers , spires and steeples, erected as parts of the building and not used for habitation or storage are limited as to the height only by structural design, if completely of incombustible materials, or may extend not to exceed 6 .00 meters above the height limits for each occupancy group, if of combustible materials, (See Figs. 1-A, 1-B, 1-C). 2.2 The height of any buildings/structure shall be subject to clearance requirements of the Civil Aeronautics Administration (CAA) in the case of airports, and of military authorities in the case of security-oriented facilities/installations. 2.3 Character of occupancy and type of construction: Buildings/structures whose character of occupancy .or use and occupant load
:ne less hazardous as to life and fire risks may be built higher than those which are more hazardous.
1.:.!0
Building s/ structures falling under Types IV or V (steel. iron, co nc~ete or masonry construction) may be built higher than those falling under Types 1 or 11 (wooden construction). 2.4 In any given locality the height of buildings/ structures shall be governed by the following factors: a. Population density: Consider both the present and projected density in the area. Q. Building bulk: For a given volume of buildings/structures, that which has a lesser area of ground coverage may be built higher than that of greater area of ground coverage.
c. Widths of streets : Provide .for adequate light and ventilation and accessibility. d. Traffic conditions and parkinglloading requirements : Provide effective control of traffic and adequate parking/loading facilities. e. Provisions of land use plans and zoning ordinances. f . Geological conditions: Consider soil characteristics, location in relation to fault tines and earth· quake belts and proximity of volcanoes. g. Hydrological conditions: Consider the water table at the site and distance to waterways and shorelines. h. Meteorological Conditions: Consider the frequency and instensity of destructive typhoons, prevailin g wind direction, relative humidity, amount of precipitation and the prevailing ambient. i. Environmental conditions: Provide effective control of air, noise and thermal pollution. Promote growth of vegetation . Optimize natural light and ventilation. j. Availability and capacity of public utility/service systems: Consider the availability and adequacy of electric power, potable and nonpotable water supply, drainage and sewerage, transportation and communications facilities.
RULE XIX- PARKING AND LOADING SPACE REQUIREMENTS Pursuant to Section 803 of the National Building Code (PO 1096) providing for a maximum site occupancy, the following provisions on parking and loading space requhements shall be observed : 1. THE PARKING SPACE RATINGS LISTED BELOW ARE MINIMUM OFF-STREET REQUIREMENTS FOR SPECIFIC USES/OCCUPANCIES FOR BUILDINGS/ STRUCTURES: 1.1 The size of an average automobile parking slot shall be computed at 2.4 meters by 5.00 meters for perpendicular or diagonal parking, at 2.00 meters by 6.00 meters for parallel parking. A truck or bus parking/loading slot shall be computed at a minimum of 3.60 meters by 12.00 meters. The parking slot shalt be drawn to scale and the total number of which is indicated on the plans and
121
specified whether cr not parking accommodations, are attendant managed. (See Section 2 for computation of parking requirements). 1. 2 Low-income single detached living units in housing ptoject areas with individual lots not more than 100 square meters. Pooled parking at 1 slot/1 0 living units.
1.3 Multi-family living units regardless of number of stories with an average of living unit floor area of: a) Up to 50 sq.m. b) Above 50 sq.m. to 100 sq.m. c) More than 100 sq .m.
1 slot/8 living units 1 slot/4 living units 1 slot/living unit
1.4 Hotels
1 slot/1 0 1ooms
1 . 5 Residential hotels and apartels
1 slot/5 units
1.6 Motels
1 slot/unit
1 . 7 Neighborhood shopping center
1 slot/1 00 sq .m. of shopping floor area 1 slot/30 sq.m. of customer area.
1.8 Markets
1 .9 Restaurants, fast-food centers, bars 1 slot/30 sq.m. of customer area
and beerhouses 1. 10 .Nightclubs, supperclubs and theaterrestaurants (See Section 1.20)
1 slot/20 sq.m. of customer area
1 . 11 Office buildings
1 slot/125 sq.m. of gross floor area
1 . 1 2 Pension/boarding/lodging houses
1 slot/20 beds
1 . 1 3 Other buildings in business/ commercial zones.
1 slot/125 sq.m,. of gross floor area.
1 . 14 Public assembly buildings such as theaters, cinemas, auditoria, stadia, etc.
1 slot/50 sq.m. of spectator area
1 . 1 5 Places of worship and funeral parlor
1 slot/50 sq.m. of congregation area
1 . 1 6 Schools 1 . 1 6.2 Elementary , secondary, vocational and trade schools . -
1 slot/ 10 clasSfooms
1. 16.2 Colleges and universities 1 . 1 7 Hospitals
1 . 1 8 Recreational facilities 1. 1 8.1 Bowling alleys
1 slot/4 alleys
1-.18.2 Amusement centers
1 slot/50 sq.m. of gross floor area
1 .1 8.3 Clubhouses, beach houses and the like
1 slot/1 00 sq.m. of gross floor area.
1.19 Factories; man1,1facturing establishments, mercantile buildings, warehouses and storage bins.
1 car slot/1 ,000 sq .m. of gross floor area.
1 .20 Tourist bus parking areas
122
-- 1 slot/5 classrooms
2 bus slots/hotel restaurant .
or
theater
2. PARKING REQUIREMENT COMPUTATION: The off-street parking requirements rating may be reduced in accordance with any or all of the following applicable conditions, provided such conditions are permanent: 2.1 Only off·street service and loading bay requirements are to be provided if the area where the building/structure to be erected is designated as a pedestriandominated zone. 2.2 In mixed occupancies, the parking requirements shall be the sum of 100% of the domiT'ant use and 50% of each of the non-dominant uses. 2 .3 Fifty percent of all available on-street parking slots along roads f ronting the property lines, whether police-controlled or meter-controlled, may be included in computing parking requirements of individual buildings/structures located thereat. 2 .4 In areas where adequate public parking lots/multi-floor parking garages ar.e available within 200 meters of the proposed buildings/structures, only 20% of parking requirements may be provided within the premises. 2 .5 In computing for parking slots, a fraction of 0.5 and above shall be considered as t slot . In all cases however, a minimum of 1 parking slot shall be provided except in cases falling under Section 1.2 and 1 .3. 3. SPECIAL PROVISIONS: For buildings/structures intended for the use or occupancy of the handicapped, the following minimum provisions shall be observed : .
.
.
..
3 , 1 1 accessible parking Slot for."lhe h~ndi~apped · per 50 parking slots up to 1 50 slots and an additional slot fm every 100. thereaher , 3 .2 Wheel chair transfer area :
:.. ·.·. ·
One between every tws ·spaces . . Directly connects to accessible walks of travel and accessible building entrances (See Fig. 1 ). ·
ACCESSIBLE PATHWAY TO FACILITY SERVED
Fig.
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r>
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z c
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*Wheel bumper shail be used if parking lot pit'tement is at same level as accessible walkway. 3.3 Maximum distance of accessible parking area from facility served. Perking areas for the physically handicapped shall be within 60 m. of the facility being served. This shall be measured from the farthest parking space along ac- · cessible path t o the closest accessible entrance. {See Fig. 2).
rACILITY Sl RVUJ WALK WA'r
Fig. 2
I'ARKING
PARKING
I
I
3 .4 AU accessible parking spaces for the handicapped shall have the international symbol of access (See Fig. 3}.
Fig. 3
All signs are to be in white graphics on a dark blue background.
Size for exterior use shall be 30 em. or 60 em. by 60 em . lettering for brief facility identification for the· partially sighted shall be a minimum height of 5 .0 em.
4. LOADING SLOT REQUIREMENTS:
124
4 .1 Stores, manufacturing, wholesale of mercantile buildings/structures. or similar occupancies.
1 loading slot for every 5,000 sq.m. of gross floor area with a minimum of 1 truck loading slot .
4. 2 Hotels and hospitals
1 truck loading slot
GUIDELINES IN THE DESIGN OF PUBLIC BUILDINGS/STRUCTURES Pursuant to Section 203 of the National Building Code {PD 1 096) the following guidelines shall be observed in the design of public buildings/structures: · 1 . Public buildings/structures are permanent buildings/ structures owned by the government, wheth~r national or local, its agencies, including government-owned and/ or controlled corporations. 2. Design of public buildings/structures aside from baing logically functional and structurally souQd, should promote, enhance and express the aesthetic quality, customs and traditions.socio-economic values and cultural heritage of the region towards a distinct Filipino architecture. 2 . 1· The architectural character of public buildings/ strl,lctures should express the nature of their functions, use or occupancy and should reflect their identity as public buildings/ structures compatible with their total environment. 2.2 Public buildings/structures should be designed for permanence. 2. 3 Use of indigenous and/or locally manufactured/ produced materials, such as marble, stone, adobe, clay tiles, wood, coco wood, kapis shells should be maximized. 2.4 Use of natural light and ventilation by means of proper orientation, cross ventilation, convection, sun control devices and the like should be maximized. 2. 5 Choice of finishes should aim to minimize maintenance costs, 2.6 Decorative motifs and ornaments should evolve f rom native, ethnic or regional arts and be an inherent expression of the whole design. These guidelines are not intended to limit the creativity of the designer nor preclude the use of advanced or innovative technology. BATAS PAMBANSA BlG. 344 , . . Q.C .... Julv 26. 1982 Be it enscted by the Batasang Pambansa in session assembled
AN ACT TO ENHANCE THE MOBILITY OF DISABLED PERSON BY REQUIRING CERTAIN BUILDINGS, INSTITUTIONS. ESTABLISHMENTS AND PUBUC UTILITIES TO INSTALL FACILITIES AND OTHER DEVICES. SECTION 1. In order to promote the realitation of the rights of disabled persons to participate fully in the social li fe and the development of the societies in which they live and the enjoyment of the oppor· tunities available to other citizens, no license or permit for the construction. repair or renovation of public and private buildings for public use, educational institutions, airports. sports and recreation centers and complexes, shopping centers or establishments, public parking places, work-places. publlc utilities. shall be granted or issued unless the owner or operator th!;lreof shall install and incorporate in such building, establishment, institution or public utility, such architectural facilities or structural features as shatl reasonably enhance the mobility of disabled persons such as sidewalks, ramps, railings and the like. If feasible, all such existing buildings. institutions, establishments, or public utilities may be renovated or altered to enable the disabled pe~ns to have access to them: Provided, however, That buildings. institu· tioos, establishments. or public ut~ities to be constructed or established for which licenses or permits had already been issued may comply with the requirements of this law: Provided. further, That in case of government buildings, street and highways, the Ministry of Public Works and Highways shall see to it that the same shall be provided with architecturallacifities or ~tructural fea1ures for disabled persons. In the case of the parking place of any of the above institutions. buildings, or establishment, or public utilities, the owner or operator shall reserve sufficient and suitable space for the use of disabled persons. SEC. 2. In case of public conveyance, devices suc'1 as the prominent display of posters or stickers shall be u!ied to generate public awareness of the right€. of the disabled and foster understanding of their special needs. Special bus stops shall be designed for disabled persons. Discriminating against disabled persons in the ca.rriage or transportation of passengers is hereby declared unlawful.
125
!1.10 Minimum when oar Is pulled oa for at. poat.lble
access area
<
LAV
3 .70 H 3 .70 )( 2 .50 ~ 2 .60) handicapped reou or PARKING LOT DIMENSIONS LOCATED NURIST THE ButLDIMe
we
OUTLETS
URINAL
MULTIPLE ACCOMOOATIONS
SHOWIR SlAT
SOAP 018H
~ · PLAN
PLAN Grab raU
CURB CUT-OUT to ..,. provided ot every pedeatrtc:ln croulnt ELEVATION
ELEVATION 8101 TRAtiSFIR
landing
~(---6=·= 00 ~---~~~·~~--~·=·0=0~.~ RAMP 8PI!:C1FICAT10H t> S'-Pe of ,._, stHIU not ex.oeed 1:12
t> 1:20 •• oooct
[> Lancllnt ,..,Ired If tonter ramp lstpeolflecl
a.
l ( t.30.
SPACe: ALLOCATIONS
AT DOOR ARIA
126
••
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1
1.50
ramp INTRAHCI!: WITH VESTIIULI!:
~
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~
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Provkla .70 m. & • 90 m. hanc:lrolla on bothsldoa of RAMP
curb• provide on RAMPS
Labor Code Insurance
Social Security CONDITIONS OF EMPLOYMENT HOURS OF WORK ARTICLE 82. COVERAGE - The provision of this title shall apply to employees in all establishment and undertakings, whether for profit or not, but to government employees, managerial employees, field personnel, members of the family of the employer who are dependent on him for support. domestic helpers, persons in the personal service of another, and workers who are paid by results as determined by the Secretary of Labor in appropriate regulations. As used herein, "MANAGERIAL EMPLOYEES" refer to those whose primary duty consists of the management of the establishment in which they are employed or of a department or subdivision thereof, and to other officers or members of the managerial staff. "FIELD PERSONNEL" shall refer to non-agricultural employees who regularly perform their duties away from the principal place of business or branch office of the employer and whose actual hours work in the field cannot be determined with reasQnable certainty. ART. 83. NORMAL HOURS OF WORK - The normal hours of work of any employee shall not exceed eight {8).
ART. 84. HOURS WORKED- Hours worked shall include. a. All time during which an employee is required to be on duty or to be at a prescribed ~ork place. b.· All time during which an employee is suffered or permitted to work. Rest period of short duration during working hours shall be counted as hours worked . ART . 85 . MEALS PERIOD - Subject to such regulations as the secretary of Labor may prescribe, it shall be the duty of every employer to give his employees not less than sixty 160) minutes time-off for their regular meals. · ART . 86. NIGHT SHIFT DIFFERENTIAL - Every employeE~ shall be paid a night shift differential of not less than ten per cent (1 0%) of his regular wage for each hour of work performed between ten o'clock in the evening and six o'clock in the morning. ART . 87. OVERTtME WORK - Work may be performed beyond eight (8) hours a day provided that the employee is paid for the overtime work, an additional compensation equivalent of his regular wage plus at least twenty-five (25%) p~rcent thereof . Work performed beyond eight-hours on a holiday or rest day shall be paid an additional compensation equivalent to the rate of the first eight hours on a holiday or rest day plus at least thirty percent thereof.
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ART . 88. UNDERTIME NOT OFFSET BY OVERTIME - Undertime work on any particular day shall not be offset by overtime work. on any other day. Permission given to the employee to go on leave on some other day of the week shall not exempt the employer from paying the additional compensation required in this Chapter. ART. 89. EMERGENCY OVERTIME WORK- Any employee may be required by the employer to perform overtime work in any of the following cases: al When the· country is at war or when any other national· or loc~t ·emetgency has been declared by the National Assembly or the Chief Executive; b) When it is necessary to prevent loss of life or property or in case of imminent danger to public safety due to an actual or impending emergency in the locality caused by serious accidents, fire, flood, typhoon, earthquake, epidemic, or other disaster or calamity; c) When there is urgent w ork to be performed on machines, installations, or equipment, in order to avoid serious loss or damage to the employer or some other cause of similar nature; d} When the work is necessary to prevent loss or damage to perishable goods; and e) Where the completion or continuation of the work started before the eight hour is necessary to prevent serious obstruction or ·prejudice to the business or operations of the employer. Any employee required to render overtime work under th\s Article shall be paid the additional compensation required in this Chapter. ART. 90 COMPUTATION OF ADDITIONAL COMPENSATION - For purposes of computing overtime and other addit ional'remuneration as required by this Chapter the ''regular wage'' of an employee shall include the cash wage only withoutdedu~tion on account of facilit ies provided by the employer . · · · ·
WEEKLY REST .PERIODS ART. 91. RIGHT TO WEEKlY REST DAY -
·ar tt shall'be the duty of every employer, whether operating for profit ·or not, to provid e each of his employees a rest period of not less·than twenty·four {24) consecutive hours after every six (6) consecutive normal work days. b} The employer shall determine and schedul·e the weekly rest day of his employees subject to collective bargaining agreerrtent and to such rules and regulations as the Secretary of labor may provide. However , t he employer shall respect the preference of employee as to ttleir ·weekly rest day when such preference is based on religious grounds . ART. 92. WHEN EMPLOYER MAY REQUIRE WORK ON REST DAY require his employees to wor.k on any day:
The employer may
a) In case of actual or impending emergen'Cies caused by serious accident, f ire. flood, typhoon, earthquake. epidemic or other disaster or calamity to prevent loss of life and property, or imminent danger to public safety; b) In cases of urgent work to be performed on the machinery, equipment, or installation, to avoid serious loss which the employer would otherwise suffer; c) In the event of abnormal pressure of work due to special circumstances, where the employer cannot ordinar~ly be expected to r~sort to other measures;
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d) To prevent loss or damage to perishable goods; e) Where the nature of the work requires continuous ·operations and the stoppage of work may result in irreparable injury or loss to the employer; and fl Under other circumstances analogous or similar to the foregoing as determined by the Secretary of Labor. ART. 93. COMPENSATION FOR REST DAY. SUNDAY. OR HOLIDAY WORKa) Where an employee is made or permitted to work on his scheduled rest day, he shall be paid an additional compensation of at least thirty percent (30 %) of his regular wage. An employee shall be entitled to such additional compensation for work performed on Sunday only when it is his established rest day. b) When the nature of the work of the employee is such that he had no regular work days and no regular rest days can be scheduled, he shall be paid an additional compensation of at least thirty percent (30%) of his regular wage for work performed on Sunday and Holidays. c:;) Work performed on any special holiday shall be paid an additional compensation of at
least thirty percent (30%) of the regular wage .of the employee. Where such holiday work falls on the employee's scheduled/rest day, he shall be entitled to an additional compensation of at least fifty percent (50%) of his regular wage. d) Where the collective bargaining agreement or other applicable employment contract stipulates the payment of a higher premium pay than that prescribed under this Article the employer shall pay such higher ·rate.
HOLlOA VS, SERVICE INCENTIVE LEAVES AND SERVICE CHARGES ART. 94. RIGHT TO HOLIDAY PAY a) Every worker shall be paid his regular daily wage during regular holidays, except in retail and service establishments regularly employing less than ten ( 10) workers; I
b) The employer may require an employee to work on any holiday but such employee shatl be paid a compensation equivalent to twice his regular rate; and c) As used in this Article, "holiday" includes: New Year's Day, Maundy Thursday, Good Friday, the ninth of April, the first·of May; the twelfth of June, the tourth of July, the thirtieth of November, the twenty·fifth and the thirtieth of December, and the day designated by law for holding a general election. ART. 95. RIGHT TO SERVICE INCENTIVE LEAVEal Every employee who has rendered at least one year of service shall be entitled to a year· ly service incentive leave of five days with pay. b) This provision shall not apply to those who are already enjoying the benefit herein pro· vided, those enjoying vacation leave with pay of at least five days and those employed in establishments regularly employing less than ten employees or in establishments exempted from granting this benefit by the Secretary of labor after considering the viability or financial condition of such establishment. c) The grant of benefit in excess of that provided herein shall not be made a subject or arbitration or any court or administrative action. ART. 96. SERVICE CHARGES - All charges collected by hotels, restaurants and similar establishments shall be distributed at the rate of eighty-five percent (85%) for ell covered employees and fifteen percent {15%) for management. The share of the employees shall
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be equally distributed among them. In case the service charge is abolished, the share of the covered employee shall be considered integrated in their wages.
IMPLEMENTING REGULATIONS CONDITIONS OF EMPLOYMENT HOURS OF WORK: SECTION 1 . General Statement of Coverage - The provisions of this Rule shall apply to all employees in all establishments and undertakings, whether operated for· profit or not, except to those specifically exempted under Section 2 thereof. SEC. 2.
Exemption - The provision of this Rule shall not apply to the following persons if they qualify for exemption under the conditions set forth herein; a) Government empioyees whether employed by the Nat!ona! Government. or any of its political subdivisions, including those employed in government-owned and/or controlled corporations. b) Managerial employees, if they meet all of the following conditions, namely: 1 ) Their primary duty consists of the management of the .establishment in which they ar·e employed or of a department or sub-diVision thereof; 2) They customarily and regularly direct the work of two or more employees therein;
3) They have the authority to hire or fire other employees of lower rank; or their sug-
gestions and recommendations as to the hiring or firing and as to the promotion or any other change of status of other employees are given particular weight.
cl 'Officers or members of
a
managerial staff if they perform the following duties and responsibilities: 1 ) The primary duty consists of the performance of work directly related to management policies of their employer;
21 Customarny and regularly exercise discretion and independent judgment; 3) 1) Regularly and directly assist a proprietor or a managerial employee whose
primary duty consists of the mana.gement of the estabtishment in which he is employed or. subdivision thereof; or execute under general supervision work along specialized or technical lines requlring apec.ial training, experience, or kflowledge; or execute under general supervision special assignments and tasks; and 4) Who do not devote more than 20 percent of their hours worked in a work~week to , activities which are not dlrectty and close related to the performance of the work described in paragraphs 1 ), 2) and 3) above. d) Domestic servants and persons in the personat service of another if they perform such service in the employer's home which are usually necessary or desirable for the maintenance and enjoyment thereof or minister to the personal comfort, convenience, or safety of the employer as weft as the members of his employer' s household. e) Workers who are paid by results, including those who are paid on piece-work, "takay' ', "pakiao", or task basis, if their output rates are in accordance with the standards prescribed under Section 8, Rule VII, Book 111, of these reg~lations, or where such rates have been fixed by the Secretary of Labor In accordance with the aforesaid Section . f) Non-agricultural field l)ersonnel if they regularly perform their duties away from the
· principal or branch office or place of business of the employer and whose actual hours of work in the field cannot be determined with reaso~able certainty.
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SEC. 3 .
Hours Worked -The following shall be considered as compensable hours worked:
a) All t ime duriFlg which an· employee is required to be on duty or to be at the employer'.s premises or to be at a prescribed workplace; and b) All time during which an employee is suffered or permitted to work.
SEC. 4. Principles in Determining Hours Worked - The following general principles shall govern i_n determining whether the time spent by an employee is considered hours worked for purposes of this Rule:
al All hours are hours worked which the employee is required to give to his employer, regardless of whether or not such hours are spent in productive labor or involve physical or mental exertion ; b) An employee need not leave the premises of t he work-place in order that his rest period shalt not be counted, it being enough that he stops working, may r.est completely and may leave his workplace, to go elsewhere, whether within or outside the premises of his workplace; c) If the work performed was necessary, or it benefited the employer, or the employer. or the employee could not abandon his work at the end of his normal working hours because he had no replacement, all time spent for such work shall be considered as hours worked, if the work was with the knowledge- of the employer or immediate supervisor ; d) The time during which an employee is inactive by reason of interrupting in his work beyond his control shall be considered working time either if the imminence of the resumption of work requires the employees' presence at the place of work or if the in- . terval is too brief to be utilized effectively and gainfully in the employee:s own interest. SEC. 5 . Waiting Time a) Waiting time spent by an employee shall be considered as working time if waiting is an
integral part of his work or the employee is required or engaged by the employer to wait. b) An employee who is required to remain on call in the employer's premises or so close
thereto that he cannot use the time effectively and gainful\y for his own purpose shan be considered as working while on call. An employee who is not required to leave word at his home or with company officials where he may be reached is not working while on call. SEC. 6. Lectures. Meeting, Training Programs - Attendance at lectures, meeting, training programs, and other similar activities shaH not be counted as -working t ime if all of the following conditions are met: al Attendance is outside of the employee's regulaf working hours; b} Attendance is in fact voluntary; and c) The employee does not perform any productive work during such attendance. SEC. 7. Meal and Rest Periods - Every employer shall give his employees, regardless of sex, not less than one ( 1} hour time-off for regular meals, except in the following cases when a meal period of not less than twenty {20} minutes may be given by the employer provided that such meal period is credited as compensable hours worked of the employee:
a) Where the work is not-manual work in nature or does not involve strenuous physical exertion;
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b) Where the establishment regularly operates not less tnan sixteen hours a day; c) In cases of actual or impending emergencies or there is an urgent work to be performed on machineries, equipment or installations to avoid serious loss which the employer would otherwise suffer. and dl Where the work is necessary to prevent serious loss of perishable goods. Rest periods or coffee breaks, running from five (5) to twenty {20) minutes shall be considered as compensable working time. SEC. 8. Overtime Pay -Any employee covered by the Rule who is permitted or required to work beyond eight (8) hours on ordinary working days shall be paid an additional compensation for the overtime work in an amount equivalent to his regular wage plus at least twenty-five percent (25%1 thereof. SEC. 9.
Premium and Overtime pay for holiday and rest day work.
a) Ex-cept employees referred to under Section 2 of this Rule, an employee who is permitted or suffered to work on special holidays or em his designated rest days not falling on regular holidays. shall be paid with an additional compensation as premium pay of not less than thirty percent {30%) of his regular wage. For work performed in excess of eight (8) hours on special holidays and rest days not falling on regular holidays, an employee shall be paid an additional compensation for the overtime work equivalent to his rate for the first eight hours on a special holiday or rest day plus at least thirty percent (30%) thereof. b~
Employees of public utility enterprises as wei: as those employed in non-profit institutions and organizations shall be entitled to the premium and overtime pay provided herein, unless they are specifically excluded from the coverage of this Rule as provided in Section 2 hereof.
cl The payment of additional compensation for work performed or regular holidays shall be governed by Rule IV, Book 111, of these Rules. SEC. 10. Compulsory Overtime Work - In any of the following cases, an employer may require any of his employees to work beyond eight {8) hours a day, provided that the employee required to render overtime work is paid the additional compensation required these regulations: · a) When the country is at war or when any other national or local emergency has been declared by the National Assembly or the Chief Executive; b) When overtime work is necessary to prevent loss of life or property, or in case of imminent danger to public safety due to actual or impending emergency in the locality caused by serious accident, fire, floods, typhoons, earthquake, epidemic or other disaster or calamaties; cl When there is urgent work to be performed on machines, installations, or equipment, in order to avoid serious loss or damage to the employer or some other causes of similar nature;
NIGHT-SHIFT DIFFERENTIAL SEC. 1.
Coverage - This Rule shall apply to all employees. except:
a} Those of the government and any of its political subdivisions, including governmentowned and/or controlled corporations; ·
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b) Thos.e of retail and service establishments regularly employing not more than five (5} workers; c) Domesti c helpers and persons in the personal service of another; d} Managerial employees as defined in Book 1 11 of this Code; e} Field personnel and other employees whose time and performance is unsupervised by the employer. including those who are engaged on task or contract basis, purely com~ mission basis, or those who are paid a fixed amount for performing work irrespective of the time consumed in the performance thereof. SEC. 2. Night Shift Differential - An employee shall be paid night shift differential of no less than ten percent ( 10% l of his regular wage for each hour of work performed. between ten o'clock in the evening and six o'clock in the morning. SEC. 3. Additional Compensation - Where an employee is required or suffered to work on the period covered after his work schedule, he shall be entitled to his regular wage plus at least twenty-five percent (25%) and an additional amount of no less than ten percent ( 1 0%) of such overtime rate for each hour of work performed between 10 p.m. to 6 a.m. SEC. 4. Additional Compensation on Scheduled Rest Day/Special Holiday - An employee who is required or permitted to work on the period covered during rest days and/ or special holidays not falling on regular holidays, shall be paid a compensation equivalent to his regular wage plus at least thirty per cent 130%) and an additional amount of not less than ten percent I 10 % l of such premium pay rate for each hour of work performed. SEC. ~. Additional Compensation on Regular Holidays - For work on the period covered during regular holidays, an employee shall be entitled to his regular wage during these days plus an additional compensation of no less than ten per cent (10%) of such premium rate for each hour: of work performed. SEC. 6. Relation to agreements - Nothing in this Rule shall justify an employer in withdrawing or reducing any benefits, supplements or payments as provided in existing individual or collective agreements or employer practice or policy.
WEEKlY REST PERIODS SEC. 1 . General statement on Coverage - This Rule shall apply to any employers whether operating for profit or not, including public utilities operated by private persons. SEC. 2.. Business or Sundays/Holidays - All establishments and enterprises may operate or open for business on Sundays and holidays provided that the employees are given the weekly rest day and the benefits as provided in this Rule. SEC. 3. Weekly rest day - Every employer shall give his employees a rest period of not less than twenty-four (24) consecutive hours after every six consecutive normal work days. SEC. 4. Preference of Employee - The preference of the employee as to his weekly day -of rest shall be respected by the employer if the same is based on religious grounds. The employee shall make known his preference to the employer in writing at least seven 17) days before the desired effectivity of the initial rest day so preferred. Where, however, the choice of the employees ·as to their rest day based on religious grbunds will inevitably result in serious prejudice or obstruction to the operations of the undertaking and the employer cannot normally be expected to resort to other remedial 134
measures, the employ~r may so schedule the weekly rest day of their choice for at ieas: two (2) days in a month. . Schedule of rest Day -
SEC. 5.
al Where the weekly rest is given to all employees simultaneously, the employer shall make known such rest period by means of a written notice posted conspicuously in the workplace at least one week before it becomes effective. bl Where the rest period is not granted to all employees simultaneously and collectively. the employers shall make known to the employees their respective schedule of weekly rest through written notices posted conspicuously in the workplace at least one week before they become effective. SEC. 6. When work on Rest Day Authorized - An employer may require any of his employees to work on his scheduled rest day for the duration of the following emergency and exceptional conditions: a) In case of actual or impending emergencies caused by serious accident, fire, flood,
typhoon, earthquake. epidemic of other disaster or calamity, or prevent loss of life or property, or in cases of force maieure or imminent danger to public safety; b) In case of urgent work to be performed on machineries, equipment or installations, to avoid serious loss which the employer would otherwise suffer; c) In the event of abnormal pressure of work due to special circumstances . where the employer cannot ordinarily be expected to resort to other measures. d) To prevent serious loss of perishable goods: e) Where the nature of the work is such that the employees have to work continuously for seven (7} days in a week or more, as in the case of the crew members of a vessel to complete a voyage and in other similar cases; and f) When the work is necessary to avail of favorable weather or environmental conditions where performance or quality of work is dependent -thereon. No employee shall be required. against his will to work on his scheduled rest day except under circumstances provided in this Section, however, that where an employee volunteers to work on his rest day under other circumstances, he shall express such desi~e in writing, subject to the provisions of Section 7 hereof regarding additional compensation.
SEC. 7.
Compensation on Rest Day/Sunday/Holiday -
a) Except those employees referred to under Section 2, Rule 1, Book l11, an employee who is made or permitted to work on his scheduled rest day shall be paid with an addi· tiona\ compensation of at least 30% of his regular wage. An employee shall be entitled to such additional ~ompensation for work performed on a Sunday only when it is nis established test day. b) Where the'nature of the work of the employee is such that he has no regular work days and no regular rest days can be·scheduled, he shall be paid an additional compensatiqn of at least 30% of his regular wage for work performed on Sundays and holidays. c) Work performed on any special holiday shall be paid with an additional compensation of at least 30% of the regular wage of the employees. Where such holiday work falls on the employee's scheduled rest day, he shall be entitled to additional compensation of at least 50% of his regular wage. d) The payment of addit ional compensation for work performed on regular holiday shall be governed by the Rule IV, Book 111 , of these regulations.
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el Where the collective bargaining· agreement or other applicable employment contract stipulates the payment of a higher premium pay than that prescribed under this Sectio n the employer shall pay such higher rates. SEC. 8. Paid Off-Days - Nothing in this Rule shall justify an employer in reducing the compensation of his employees for the unworked Sundays, holidays, or other rest days which are considered paid off-days or holidays by agreement or practice subsisting upon the effectivity of the Code. SEC. 9. Relation to Agreement - Nothing herein shall prevent the employer and his employees or their representatives from entering into any agreement with terms more favorable to the employees than those provided herein or to be used to diminish any benefit granted to the employees under existing laws, agreements, and voluntary employer practices.
HOLIDAYS WITH PAY SEC. 1 . Coverage - The rule shall apply to all employees except : a) Those of the government and any of the political subdivisions including government· owned and controlled corporations; b) Those of retail and service establishments regularly employing less than ten { 1OJ workers; c) Domestic helpers and persons in the personal service of another; d) Managerial employees as defined in Book 11 1 of the Code; e) Field personnel and other employees whose time and performance is unsupervised by the employer including those who are engaged on task or contract basis. purely commission basis, or those who are paid a fixed amount for performing work irrespective of the time consumed in the performance thereof. SEC. 2. Status of Employees paid by the month - Employees who are uniformly paid by the month, irrespective of the number of working days therein with a salary of not less than the statutory or established minimum wage shall be presumed to be paid for all days in the month whether worked or not. For this purpose, the monthly minimum wage shall not be less than the statutory minimum wage multiplied by 365 days divided by twelve. SEC. 3. Holiday Pay - Every employer shall pay his employees their regular daily wage for cmy unworked regular holiday. As used in the Rule, the term' 'holiday'' shall exclusively refer to: New Year' s Day, M aundy Thursday, Good Fridays, the ninth of April, the first of May, the twelfth of June, the fourth of July, the thirtieth of November, the twenty-fifth and thirtieth of December and the day designated by law for a general election or national referendum or' plebiscite. SEC. 4. Compensation for Holiday Work - Any employee who is permitted or suffered to work on any regular holiday, not exceeding eight "(8) hours, shall be paid at least two hundred percent (200%) based on his regular wage rate. SEC. 5. Overtime pay for Holiday Work - For work performed in excess of eight hours on a regular holiday, an employee shall be paid an additional compensation for the overtime work equivalent to his rate for the f irst eight hours on such holiday work plus at ·least 30% thereof. 1:}(-j
Where the Regular holiday work exceeding eight hours falls on the scheduled rest day of the employee, he shall be paid an additional compensation for the overtime work equivalent to his regular holiday-rest day for the first 8 hours plus 30% thereof. The regular holiday rest day rate of an employee shall consist of 200% of his regular daily wage rate plus 30% thereof. SEC. 6.
Absences -
a) . All covered employees shall be ~ntitled to the benefit provided herein when they are on leave of absence with pay . Employees who are on leave of absence without pay on the day immediately preceding a regular holiday. may not be paid the required holiday pay if he has not worked on such regular holiday. b) Employees shall be granted the same percentage of the holiday pay as the benefit granted by competent authority in the form of employee's compensation or social security payment, whichever is higher, if they are not reporting for work while on such benefits . c) Where the day immediately preceding the holiday is a non-working day in the establishment or the scheduled rest day of the employee, he shall not be deemed to be on leave ·::lf absence on t hat day, in which the case he shall be entitled to the holiday pay if he worked on the day immediately preceding the non-working day or rest day. SEC. 7.
Temporary or periodic Shutdown and Temporary Cessation of Work -
a) In cases of temporary or periodic shut down and temporary cessation of work of an establishment, as when a yearly inventory or when the repair or cleaning of machineries and equipment is undertaken, the regular holidays falling within the period shall be compensated in accordance with this Rule. b) The regular holiday during the cessation of operation of an enterprise due to business reverses as authorized by the Secretary of Labor may not be paid by the employer. SEC. 8.
Holiday Pay of Certain Employees -
a) Private school teachers, including faculty members. of colleges and universities, may not be paid for the regular holidays during semestral vacations. They shall, however , be paid tor the regular holidays during Christmas vacation. b) Where a covered employee is paid by results or output , such as payment on piece work, his holiday pay shall not be less than his average daily earnings for the last seven {7) actual working days preceding the regular holiday; Provided, however, that in no case shall the holiday pay be less than the applicable statutory minimum wage·rate. c) Seasonal workers may not be paid the required holiday pay during off-season when they are not at work. d) Workers who have no regular working days shall be entitled to the benefits provided in this Rule. SEC. 9.
Regular Holiday Falling on Rest Days or Sundays
a) A regular holiday falling on rest day shall be compensated accordingly. bl Wher~ a regular ryoliday falls on a Sunday , the following day shall be considered a special holiday for purposes of the Labor Code, unless said day is also a regular holiday. SEC. 1 0. Successive Regular Holidays - yYhere there are two {21 successive r.egular holidays, like Holy Thursday and Good Fridays, an employee may not be paid for both holidays if h.e absents himself from work on the day immediately preceding the first holiday, unless he works on the fir st holiday, in which case he is entitled to his holiday pay on the second holiday.
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SEC. 11 . Relation to Agreements - Nothing in this Rule shall justify an employer in withdrawing or reducing any benefits, supplements or payments for unworked holidays as provided in existing individual or collective agreement or empl0yer practice or policy.
SERVICE INCENTIVE LEAVE SEC. 1.
This rule shall apply to all employees except:
Coverage -
a) Those of the governmen t and any of its political subdivisions, including governmentowned and con tro lled corporations; b) Domestic helpers and persons in the personal service of another; cl M anagerial employees as defined in book 111 of this Code; dl Field personnel and other employees whose performance is un su pervised by the employer including those who are engaged on task or contract basis, purely commis· sion basis, or those who are paid in a fixed amount for performing work irrespective of the time consumed in the performance there of; e) Those who are already enjoying the benefit herein provided; f}
Those enjoying vacation leave with pay of at least five days; and
gl Those employed in establishments regularly employing less than ten employees. S~C .
2. Right to Service Incentive Leave - Every employee who has rendered at least one year of service shall be entitled to a yearly service incentive leave of five days with pay.
SEC. 3 . Definition of Certain Terms - The term "at least one year service" shall mean service within 12 months, whether continuous or broken reckoned from the date the employee started working, inc luding authorized absences and paid regular holidays unless the working days in the establi shments as a matter of practice or policy, o r that provi ded in the employment contract is less than 1 2 months, in which case said period shall be considered as one year. SEC. 4. Accrual of benefit - Entitlement to the benefit provided in this Rule shall start December 18, 19 75, the date the amendatory provision of the Code took effect .
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SEC . 5. Treatment of Benefit -- The service incentive leave shall be commutable to its money equivalent if not used or exhausted at the e1'd of the year. SEC . 6. Relation to Agreements - Nothing in the Rules shall justify an employer ,from withdrawing or reducing any benefits, supplements or payments as provided in existing individual or collective agreements or employer's practices or policies.
APPENDIX "A" 13TH MONTH PAY PRESIDENTIAL DECREE NO. 851 * REQUIRING ALL EMPLOYERS TO PAY THEIR EMPLOYEES A 13TH-MONTH PAY WHEREAS, it is necessary to further protect the level of real wages from the ravage of worldwide inflation; WHEREAS; there has been no increase in the legal minimum wage rates since 1970;
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. WHEREAS , the Christmas season is an opportune time for society to show its concern for the plight of the working masses s~ they may properly celebrate Christma:3 and New Year. NOW, THEREFORE, I FERDINAND E. MARCOS, by virtue of the powers vested in me by the Constitution do hereby decree as follows: SECTION 1. All employers are hereby required to pay all their employees receiving a basic salary of not more than PJ1 ,000 a month, regardless of the nature of their employment; a 13th:month pay not later than .Oecember 24 or every year. SEC. 2. Employers already paying thP.ir employees a 13-month pay of its equivalent are not covered by this Decree. SEC. 3.
This Decree shall take effect immediately.
Done in the City of Manifa . this 16th day of December, 1975.
RULES AND REGULATIONS IMPLEMENTING PRESIDENTIAL DECREE NO. 851 By virtue of the powers vested in me by law, the following rules and regulations implementing Presidential Decree No. 8 51 are hereby issued for the guidance of all concerned. SEC. 1. Payment of 13-month pay- All employers covered by Presidential Decree No. 851, hereinafter referred to as the "Decree," shall pay to all their employees receiving a basic salary of not more than 11'1,000 a month a thirteenth-month.pay r·lOt later than December 24 of every year. SEC . 2.
Definition of certain terms - As used in this issuance -
a) "Thirteenth-month pay" shall mean one twelth (1/12 ) of the basic salary of an employee within a calendar year; b) "Basic salary" shall include all remunerations or earnings paid by an employer to an employee for services rendered but may not include cost-of-living allowances granted pursuant to Presidential Decree No. 525 or Letter of instructions No. 174, profitsharing payments, and all allowances and monetary benefits which are not considered or integrated as part of the regular or basic salary of the employee at the time of the promulgation of the Decree on December 16, 1 9 7 5. SEC. 3.
Employers covered -
The Decree shall apply to all emplo.yers except for to:
a) Distressed employers, such as (1) those which are currently incurring substantial losses or (2) in the case of non-profit institution6 and organizations, where their income, whether from donations, contributions, grants and other earnil"gs from any source. has consistently declined by more than forty (40%) percent of their normal income for the last twc !2l years, subject to the provision of Section 7 of this issuance; b) The Government and .any of its political subdivisions, including government-owned and controlled corporations operating essentially as private subsidiaries of the Government; c) Employers already paying their employees 1 3th-month pay or more in a calendar year or its equ ivalent at the time of th is issuance; d) Employers of those who are paid on purely commission, boundary, or task basis, and those who are paid a fixed amount for performing a specific work. irrespective of the time consumed in the performance thereof; except there the workers are paid on piecerate basis in which case the employer shalt be covered by this issuance insofar as such workers are concerned. 1.'·i: f
As used herein , workers pa1d on piece-rate basis shall refer to those who are paid a standard amount for every piece or unit of work produced that is more or less regularly replicated, without regard to the time spent in producing the same. The term "its equivalent" as used in paragraph (c) hereof shall include Christmas bonus, mid-year bonus: profit-sharing payments and other cash bonuses amounting to not less than 1/12 of the basic salary but shall not include cash and stock dividends, cost of living allowances and all other allowances regularly enjoyed by the employee, as well as non-monetary benefits. Where an employer pays less than 1I 12 of the employee's basic salary, the employer shall pay the difference. SEC. 4. Employees Covered - Except as provided in Section 3 of this issuance, all employees of covered employers shall be entitled to benefits provided under the Decree who are receiving not more than 111 .000 a month, regardless of their position, designation or employment status, and irrespective of the method by which their wages are paid, provided that they have worked for at least one month during the calendar year. SEC. 5. Option of covered employers - A covered employer may pay one-half of the 13th month pay required by the Decree before the opening of the regular school year and the other half or on or before the 24th day of December of every year. In any establishment where a union has been recognized or certified as the collective bargaining agent of the employees therein, the periodicity or frequency of pavm.ent of the 13th-month pay may be the subject of agreement. Nothing herein shall prevent employers from giving the benefits provided in the Decree to their employees who are receiving more than One Thousand 1,.1,000} Pesos a month or benefits higher than those provided by the Decree. SEC. 6. Special features of benefit - The benefits granted under this issuance shall not be credited as part of the regular wage of the employees for purposes of determining overtime and premium pay, fringe benefits as well as premium contributions to the State Insurance Fund, social security, medicare and private welfare and retirement plans. SEC. 7. Exemption of Distressed Employers - Distressed employers shall quality for exemption from the requirement of the Decree upon prior authorization by the Secretary of Labor. Petitions for exemptions may be tiled with the nearest regional office having jurisdiction over the employer not later than January 15, 1976. The regional officers shalt transmit the petitions to the Secretary of Labor within 24 hours from receip~ thereof. SEC. 8. Report of compliance - Every covered employer shall make a report of his compliance with the Decree to the nearest regional labor office not later than January 1 5, of each year.
The report shall conform substantially with the following form: REPORT ON COMPLIANCE WITH P.O. NO. 851 1. 2. 3. 4. 5. 6. 7. 8.
t40
Name of establishment Address Principal product or business Total employment Total number of workers benefited Amount granted per employee Total amount of benefits granted Name, position and tel. no. of person giving information
SEC. 9. Adjudication of Claims - Non-paym ent of the thirteenth-month pay provided by the Decree and these rules shall be treated as money claims cases and shall .be processed in accordance w ith the Rules and Regulations Implementing the Labor Code of the Philippines and the Rules of the National Labor Relations Commission. SEC. 10. Prohibition against reduction or elimination of benefits - Nothing herein shall be construed to authorize any employer to eliminate, or diminish in any way, supplements. or oth~r employee benefits or favorable practice being enjoyed by the employee at the time of promulgation of this i ssuance. SEC. 11. Transitory Provision - These rules and regulations shall take effect immediately and for purposes of the 13th-month pay of 1975. the same shall apply only to those who are employees as of December 16, 1975. Manila, Philippines, 22 December 1975. (S·GD.I BLAS F. OPLE Minister
SUPPLEMENTING
RULES AND REGULATIONS IMPLEMENTING P.O. NO. 851
To insure uniformity in the interpretation, application and enforcement of the provis·lons of P.O. No. 851 and its implementing regulations, the following clarifications are hereby made for the information and guidance of all concerned : 1. Contractors and Subcontractors, including· Security and Watchman Agencies, are exempt for the year 1975 subject to the following conditions: a) That the contr actors of such enterprises were ent ered into before December 16,
1975; b) That such enterprises have complied with all labor standards law during the year;
c) That the contract does not provide for cost escalation clause. d) That the contract cannot really accommodate 13th-month pay or its equivalent;
and
2. Private school teachers, including faculty members of colleges and universities, are entitled to 1/ 1 2 of their annual basic pay regardless of the number of months they t each or are paid within a year. 3. New establishments operating for less than one year are not covered except sub· sidiaries or branches of foreign and domestic corporations.
4. Overtime pay , earnings and other remunerations which are not part of the basic salary shall not be included in the computation of the 13th-month pay. 5. In view of th e lack of sufficient time for the dissemination of the provisions of P. D. No. 8 51 and its Rules and the .unavailability of adequate cash flow due to the long holiday season, complianc e and reporting of compliance with this decree are hereby extended up to March 31, 1 9 7 6 except in private schools where compliance for 1 9 7 5 may be made not later than 30 June 1 9 7 6 . 6. Nothing herein shall sanction the withdrawal or diminution of any compensation, benefits or any supplements being enjoyed by the employees on the effective date of this issuance. Manila, January 16, 1976. (SGD.) BLAS F. OPLE Minister
141
APPENDIX "B" SOCIAL SECURITY LAW REPUBLIC ACT NO. 1161, AS AMENDED Be it enacted by the Senate . and House of Representatives of the Philippines in Congress assembled. SEC. 1. Short title - This Act shall be known as the "Social Security Law" (As amended by Sec. 1 Pres. Decree No . .24 S-1972). SEC. 2 . Declaration of Policy - It is the policy of the Republic of the Philippines to establish, develop promote and perfect a sound and viable tax-exempt social security service suitable to the needs of the people throughout the Philippines which shall provide to cover employees and their families protection against the hazard s of disability, sickness, old age, and death, with a view to promoting their well-being in the spirit of social justice. (As amended by Sec. 1 RA 1792 and Sec . 2 Pres. Decree No. 24 , S-1972 )
A.
ADMINISTRATION
SEC. 3. Social Security System - a) To carry out the purposes of this Act, the Social Security System with principal place of business in Metro Manila, Philippines, is hereby created. The SSS shall be under the general supervision of a Social Security Commission composed of the Secretary of Labor, the SSS Administrator and six appointive members, two of · whom shall represent the labor group . Two, the management group and two, the general public, to be appointed by the President of the Philippines. The Chairman of the Commission shall be designated by the President from among its members. The term of the appointive members shall be three. Provided, that the terms of the first six appointive members shall be one, two and three years· for every two members, respectivelY.. All vacancies except through the expiration of the term, shall be filled for the unexpired term only . The appointive members of the Commission shall receive two hundred pesos per diem for each meeting actually attended by them. Provided, that no compensation shall be p~id for more than eight meetings a month. lAs amended by Sec. 2 RA 1792; Sec. 1 RA 2658; Sec. 1 RA 4857; Sec. 3, Pres. Decree No. 24 S-1972; Sec. 1 Pres . Decree No. 347, S-1973; Sec. 1 Pres. Oecreee No. 735, S-1975 and Sec. 1 Pres. Decree No. 1202 S- 19771. C.
Scope of the System
SEC . 9 Compulsory Coverage. - ta) Coverage in the SSS shall be compulsory upon all employees not over sixty years of age and their employers: Provided, That any benefit already earned by employees under private benefit plans existing at the time of the approval of this Act shall not be disconti_nued , reduced or otherwise impaired : Provided further. That private plans which are existing and in force at the time of compulsory coverage shall be integrated with the plan of the SSS in such a way where the employer' s contribution to his private plan is more than that required of him in this Act he shall pay to the SSS only the contribution required of him and he shall continue his contribut ion to his private benefit plan and to the Social Security System shall be the same as his contribution to his private plan before the compulsory coverage . Provided, further, That any changes, adjustments, modifications, eliminations or Improvements in the benefits to be available under the remaining private plan, which may be necesary to adopt by reason of the reduc· ed contribution thereto as a result of the integration. shall be subject to agreements between the employers and employees concerned: Provided further. That the private benefit plan which the employer shall continue for his employees shall remain under the employer's management and control unless there is an existing agreement to the contrary:
142
Provided, finally, That nothing in this Act shall be construed as a limitation on the right of employers and employees to agree on and adopt benefits which are over and above those provided under this Act. !As amended by Sec . 5. RA 1972; Sec. 5, RA 2658 and Sec. 2. (b) Filipinos recruited in the Philippines by foreign based employers for employment abroad may be covered by the SSS en a voluntary basis . (As amended by Sec. 2. Pres. Decree No. 177, S-1 973 and Sec. 6 Pres. Decree No. 735, S-1975). SEC. 9 -A Compulsory Coverage or the Self-Employed - Coverage in the SSS shall also be compulsory upon all self-employed persons earning P1 ,800 or more per annum;_Provided , That the effectivity of the coverage of certain groups of self-employed shall be determined by the Commission under such rules and regulations it may prescribe; Provided, further That the effectivity of the coverage of the following self-employed persons shall be in accordance with Section 10 (b) thereof. 1 . All self-employed professionals licensed by the Professional Regulations Commission or those licensed to practice law. 2. Partner and single proprietors of businesses. 3. Actors and actresses, directors, script writers and new correspondents who do not fall within the definition of the term " employee" in Section 8 (d} of this Act. 4. Professional athletes, coaches, trainers licensed by the Games and Amusement Board as well as jockeys and trainers licensed by the Philippine Racing Commission. Unless otherwise specified herein. all provisions of the SSS Law applicable to covered employees shall also be applicable to the covered self-employed persons . (As amended by Sec. 3, Pres. Decree No. 1636, S-1979) . SEC. 10 Effective date of Coverage- Compulsory coverage of the employer shall take effect on the first day of his operation and that of the employee on the day of his employment: Provided; that the compulsory coverage of self-employed persons referred to in paragraphs ( 1) to (4} shall take effect on the first day of January following the calendar year they started the practice of their profession or business operations but in no case earlier than January 1, 1980. (As amended by Sec. 6, RA 1792; Sec. 6. RA 2 658 and Sec. 4, Pres. Decree No. 1636, S-1979). SEC. 11. Effect of Separation from Employment - When an employee under compulsory coverage is separated from employment, his employer's contribution on his account and his obligation to pay contribution arising from that employment shall .be credited with all contributions paid on his behalf and entitled to benefits according to the provisions of this Act. He may, however, continue to pay the total contributions to maintain his right to full benefit. (As amended by Sec. 4 RA 4857 and Sec. Pres. Decree No. 735, S- 1975).
1:
SEC. 11-A. Effect of Interruption of Business or Professional Income - if the self employed realizes no net professional or business income in any calendar year. however, be allowed to continue paying contributions under the same rules and regulations applicable to separated covered employees . (As amended by Sec. 5, Pres. Decree No . 1636 S-1979).
SEC. 1 2.
Monthly Pension -
D. BENEFITS (a) The monthly pension shall be the sum of the following:
The average monthly sa lary credit multiplied by the replacement ratio; and year of ser· vice in excess of ten years. b) The monthly pension shall in no case be less than one hundred twenty pesos. nor paid in an aggregate amount of less than sixty times the monthly pension except to a
143
secondary beneficiary: Provided, That the monthly pension of surviving pensioners shall be increased by twenty percent. (As amended by Sec. 7, RA 1 792; Sec. 7, RA 2658; Sec. 5, AA 4857; Sec. 6, Pres. Decree No. 24; Sec. 3, Pres. Decree No. 1 77; Sec. 8, Pres. Decree No. 735, S- 197 5; Sec. 2, Pres. Decree No. 1202. S-1977 and Sec. 6, Pres. Decree No. 1639, S-1979). SEC. 12-A. Dependents pension - The dependent's pension shall be equivalent to ten percent of the monthly pension for each dependent child but not exceeding five, beginning with the youngest and without substitution. CAs amended by Sec . 3, Pres. Decree No. 1202; S-1977.). SEC. 12·8. Retirement benefits - (a) A covered employee who had paid at least one hundred twenty monthly contributions prior to the semester of retirement; and who ( 1) has reached the age of sixty years and is not receiving a monthly compensation of at least three hu!'dred pesos, or (2) has reached the age o~ sixty-five years, shall be entitled for as long as he lives to the monthly pension. Provided, That his dependents born before f)is retirement of marriage subsisting when he was fifty-seven years old shall be entitled to the dependents' pension. (As amended by Sec. 4, Pres. Decree No. 1202, S-1977). (bl A covered member who is sixty years old at retirement and who does not qualify for pension benefits under paragraph (a} above, shall be entitled to a lump sum benefit equal to the total contributions paid by him and on his behalf; Provided, That he is separated from employment and is not continuing payment of contributions to the SSS on his own. (c) The monthly pension shall be reduced upon the re-employment of a retired employee who is less than sixty-five years old by an amount equivalent to one-half his earnings over three hundred pesos. He shall again be subject to section eighteen and his employer to section nineteen of· this Act. (As amended by Sec . 7, RA 1 792; Sec. 7, AA 2658; Sec. 6 Pres. Decree No. 24, Sec. 3, Pres. Decree No. 177; Sec. 8, Pres. Decree No. 735; $ec. 4. Pres . Decree No. 1202 and Sec. 7 Pres. Decree No. 1636, S-1979). (d) Upon the death of the retired employee pensioner, his primary beneficiaries shall be entitled to eighty percent of the monthly pension, and his dependents to the dependent's pension: Provided, That if he has no primary beneficiaries and he dies within sixty months from the start of his monthly pension, his secondary beneficiaries shall be entitled to a lump sum benefit equivalent to the smaller of { 1) twenty times the monthly pension or (2) the difference of sixty times the monthly pension and the total monthly pensions payed by the SSS excluding the dependents' pension. (As amended by Sec. 7 Pres. Decree No. 1636, S- 1979). SEC. 13. Death Beneficiaries - Upon the covered employee' s death, his primary beneficiaries shall be entitled to the monthly pension and his dependents to the dependents pension : Provided, That he has paid at least thirty-six monthly contributions prior to the semester of death. Provided, further, That if the foregoing condition is not satisfied his primary beneficiaries shall be entitled to a lump sum benefits equivalent to twenty times the monthly pension: Provided, however, that the minimum death minimum death benefit shall not be less than the total contributions paid by him and his employer on his behalf nor less than one thousand pesos : Provided. finally, That the beneficiaries of the covered employee who dies without having paid at least three monthly contributions shall be entitled 'to the minimum benefit. lAs amended by Sec. 5, Pres. Decree No. 1202, S-1977 and Sec. 8 , Pres. Decree No. 1636, S-1 979} . SEC. 13-A. Permanent disabitity benefits - {a} Upon the covered employee's permanent total disability. if such disability occurs after he had paid at least thirty-six monthly contributions prior to semester of disability, he shall be entitled to the monthly pension and his
144
dependents to the dependent's pension: Provided, That if the disability occurs before he has paid thirty-six monthly contributions prior to the semester of disability, he shall be entitledto a lump sum benefits equivalent to thirty-five times the monthly pension: Provided, further, That the minimum disability benefit shall not be less than the total contributions paid by him and t)is employer on his behalf nor less than one thousand pesos: Provided, further, That a covered employee who becomes permanently totally disabled without having paid at least three monthly contributions shall be entitled to the minimum benefit: Pro· vide.d, finally, That a member who ( 1 I received a lump sum benefit and (2) is .re-employed not earlier than one year from the date of his disability shall again be subject to compulsory coverage and considered a new member, (As amended by Sec. 6. Pres. Decree No. 1202, S-1977). )b)· The monthly pension shall be reduced upon his re-employment by an amount equivalent to one·half of his earnings over three hundred pesos. The monthly pension and dependents' ·pension shall be suspended upon his recovery from the permanent· total disability, or his failure to present himself for examination at least once a year upon notice by theSSS, (As amended by Sec. 6, Pres. Decree No. 1202, S-1977 and Sec. 9, Presidential Decree No. 1636. S- 19791 (c) Upon the death of the permanent total disability pensioner, his primary beneficiaries shall be entitled to eighty percent of the monthly pension and his dependents to the dependents' pension. Provided, That if he has no primary heMficiaries and he dies within sixty month s from the start of his monthly pension, his secondary beneficiaries shall be entitled to a lump sum benefit equivalent to the smaller of ( 11 twenty times the monthly pension or (2) the difference of sixty times the monthly pension and the total monthly pensions paid by his SSS excluding the dependents' pension (As amended by Sec. 9 Pres. Decree No. 1636, S· 1 979}.
(d) The following disabilities shall be deemed permanent total:
1. Complete loss of sight of both eyes. Loss of two limbs at or above the ankle or wrists; Permanent complete paralysis of two limbs; Brain injury resulting to incurable imbecility or insanity; and Such cases as determined and approved by the'SSS, {As amended by Sec. 9, Pres. Decree No. 1636, S-1979).
2. 3. 4. 5.
(e) If the disability is permanent partial, and such disability occurs before thirty-six monthly contributions have been paid prior to the semester of disability, the benefit shall be such percentage of the lump sum benefit described in the preceding paragraph with due regard to the degree of disability as the Commission may determine. (As amended by Sec. 9, Pres. Decree No. 1636, S-1979). {f) If the disability is permanent partial, such disability occurs after thirty-six monthly contributions have· been paid prior to semester of disability, the benefit shafl be the monthly pension for permanent total disability payable not longer than the period designated in the following schedule:
COMPLETE AND PERMANENT LOSS OF USE OF One thumb One index finger One middle finger One ring finger One little finger One big toe One hand
NUMBER OF MONTHS
10
8 6 5 3 6 39 145
One arm One foot One leg One ear Both ears Hear_ing of one ear Hearing of both ears Sight of one eye
50 31 46
10 20 10
50 25
(As amended by Sec. 10, Pres. Decree No. 735, S-1975 and Sec. 9 , Pres . Decree No . 1636. S-1979}. (g) The percentage degree of disability, which is equivalent to the ratio that the designated number of months of compensability bears to seventy-five, rounded to the next higher integer, shall not be additive for district separate and unrelated permanent partial disabilities, to a maximum of one hundred percent, in which case the employee shall be deemed as permanently totally disabled . (As amended by Sec . 9 . Pres. Decree No . 1636, S-1 979).
SEC. 13·8. Funeral Benefit. - A funeral grant of seven hundred fifty pesos shall be paid to help defray -the cost of funeral expenses upon the death of a covered member, permanently totally disabled employee or retiree. !As amended by Sec. 11. Pres. Decree No. 735. S-1975). SEC. 14. Sickness Benefit. - (a) A covered employee who has paid at least three monthly contributions in the twelve-month period immediately preceding the semester of the sickness and is confined for more than three days in a hospital or elsewhere with Commission's approval, shall for each day of compensable confinement or fraction thereof be paid by his employer, or the SSS . if such person is unemployed,,an allowance equivalent to eighty-five percent of his average daily salary credit, sub)ect to the .following conditions.
be less than four pesos nor exceed twenty pesos nor paid longer than one hundred twenty days in one calendar year, nor shall any unused portion of the one hund~ed twenty. days of sickness benefit granted under this section be carried forward and added to the total number of compensable days allowable in the subsequent year;
(1) In no case shall the total amount of such daily allowance
(2) No employee shall be paid any sickness be.neflt for more than two hundred forty days
on account of the same confinement; and (3) The employee shall notify his employer of the fact of his sickness or injury within five calendar days after the start of his confinement unless such confinement is in a hospital or the employee became sick or was injured while working or within the premises of the employer in which case notification to the employer is not necessary. Provided, That is the member is unemployed he shall directly notify the SSS of his confinement within five calendar days after the start thereof unless such confinement is in a hospital in which case notification is necessary, the confinement shall be deemed to have the started not earlier than the fifth day immediately preceding the date of notification. (As amended by Sec. 9 RA 2658; Sec . 7, RA 4875; Sec. 8, Pres. Decree No. 24, S-1972; Sec. 12, Pres. Decree No. 735·, S-1975 and Sec. 10, Pres. Decree No. 1636, S-1979). lb) The compensable confinement shall begin on the first day of sickness, and the payment of such allowances shall be promptly made by the employer every regular payday or on the fifteenth and last day of each month, and similarly in the case of direct payment of the SSS, tor as long as such allowances are due and payable; Provided, That such allowance shall begin only after all sick leaves of absence with full pay to the credit of the
146
employee shall have been exhausted. (As amended by Sec. 9, RA 2658; Sec. 7 RA 4857; Sec . 8 Pres. Decree No. 24; Sec . 5·Pres. Decree No. 177 and Sec. 14 Pres. Decree No. 735, S-1975). (c) One hundred percent of the daily benefits provided in the pre<;eding paragraph shall be reimbursed by the SSS to said employer upon receipt of satisfactory proof of such payment and legality thereof; Provided, That the employer has notified the SSS of the confinement within one year per~od immediately preceding the date the claim for benefit or reimbursement is received by the SSS, except confinement in a hospital in which case the claim for benefit or reimbursement must be filled within one year from the last day of confinement. (As amended by Sec. 9, RA 2658; Sec. 1 RA 4428; Sec. 7, RA 4857 and Sec. 8 , Pres . Decree No. 24, S: 1972}. (dl Where the employee has given tl'w! required notification but the employer fails to notify the SSS of the confinement or to file claim for reimbursement within the period prescribed in this section resulting in the reduction of the benefit or denial of the claim sut;:h employer shall have no right to recover the corresponding daily allowance he advanced to the employee as required in this section, .(As amended by Sec. 8 Pres. Decree No. 24, S-1972 and Sec. 12, Pres. Decree No. 735-, S-1975). {e) The claim 1ri'r reimbursement shall be adjudicated by the SSS within a period of two months from receipt thereof: Provided, that should no payment b' received by the employer within one month after the period prescribed herein for adjudication the reimbursement shall thereafter earn simpJe interest of one per cent per month until paid. (As amended by Sec. 8, Pres. Decree No. 24, S-1972} . {f) The provisions regarding the notification required of the covered employee and the employer as well as the period within which the claim for benefit or re\mbursement may be filled shalt apply to all claims filed with the SSS beginning January 1, 1973. (As amended by Sec. 8, Pres. Decree No. 24, S-1972).
SEC. 14-A. Maternity Leave Benefit. - A covered female employee who has paid at least three monthly maternity contributions in the twelve-month period immediately preceding the semester of her children, abortion, or miscarriage and who is currently employed shall be paid a daily maternity benefit equivalent to one hundred per cent of her average daily salary credit for forty-five days subject to the following conditions: ~a) That the employee shall have notified her employer of her pregnancy and the probable data of her childbirth which notice shall be transmitted to the SSS in accordance with the rules and regulations it may provide;
{b) That payment shall be advanced by the employer in two equal installments within thirty days from ·the filling of the maternity leave applications; (c) That payment of daily maternity benefits shall be a bar to the recovery of sickness benefits provided by this Act for the same compensation period of forty-five days. for the same childbirth, abortion, or miscarriage. (d) That the maternity benefit provided under the Section shall be paid only for the first four deliveries after March 1 3, 19 7 3; (e) Thatthe SSS shall immediately reimburse·the employer of one hundred perc~nt of the amount of maternity benefits advanced to employee by the employer upon receipt of satisfactory proof of such payment and legally thereof; (f) That if employee should give birth or suffer abortion or miscarriage without the required contribution·s having been remitted for her by her employer of time of the pregnancy, the employ·er shall pay to the SSS damages equivalent to the benefits which said employee would otherwise have been entitled to ; and the SSS shall in turn pay such amount to the em.ployee concerned. ·
an
147
The SSS shall maintain a separate fund for maternity benefits equivalent to 0.4% of the monthly salary credit to be taken from the employer's contribution specified in Section 18 hereof, and such funds shall be administered and disbursed in the same manner, conditions. requirements and safeguards as those provide~ for other funds collected and kept by the SSS, in accordance with this Act. lAs amended by Sec. 7, Pres. Decree No. 1202, S. 1977 and Sec. 11 Pres. Decree No. 1636. S-1979) .
SEC. 15. Non-tranaferabifity of benefits. - The SSS shall pay the benefits provided for in this Act to such per&ons as may be entitled thereto in accordance with the provisions of this Act: Provided, That the beneficiary who is a national of a foreign country which does not extend benefits to a Filipino beneficiary residing in the Philippines, or which is not recognized by the Philippines. shall not be entitled to receive any benefit under this Act: Provided , further , That notwithstanding the ·foregoing where the best interest of the SSS will be served, the Commission may direct payments without regard to nationality or country of residence: Provided, further, That if the recipient is a minor or a person incapable of ad· ministering his own affairs, the Commission shall appoint a representative under such terms and conditions as it may deem proper: Provided, further, That such appointment shall not be necessary in case the recipient is under the custody of or living with the parents or spouse of the employee in which case the benefits shall be paid to such parents or spouse, as representative payee of the recipient. Such benefits are not transferable and no power of attorney or other document executed by those entitled thereto, in favor of any agent, attorney, or any other person for the collection thereof on their behalf shall be recognized , except when they are physically. unable to collect personally such benefits: Provided, further, That in case of death benefits, if no beneficiary qualities under this Act, said benefits shall be paid to the legal heirs in accordance with the law of succession: Provided, finally, That notwithstanding any law to the contrary. the payment of benefits under this Act shall ban the recovery of similar benefits under Title 11 of Book IV of the Labor Code of the Philippines, as amended , during the period of such payment for the same con· tingency, and conversely. (As amended by Sec. 10, RA 2658; Sec. 4 RA 3839; Sec . 8, RA 4857; Sec. 8-A, Pres. Decree No. 24, S-1972 and Sec. 13, Pres. Decree No. 735, S-1976). SEC. 16. Exemption from Tax. lega4 process and Lien. - All laws to the contrary notwithstanding the SSS and all its assets and properties; all contributions collected and all acruals thereto and income or investment earnings there- from as well as all supplies, equipment, papers or documents which may be required ~n connection w ith the operation of execution of this Act shall be exempt from any tax, assessment fee, charge or customs or import duty; and all bene-fit payments made by the SSS shall likewise be exempt from all kinds of taxes, fees or charges, and shall not be liable to attachments , garnishments , levy or seizure by or under any legal or equitable process whatsoever, either before or after receipt by the persons entitled thereto, except to pay any debt to the SSS. Any tax assessment against, and still unpaid by the SSS shall be null and avoid . (As amended by Sec. 9, Pres . Decree No. 24. S-1972 and Sec. 14, Pres:oecree No. 735, S-1975).
SEC. 17. Fee of Agents, Attorneys, Etc. - No agent, attorney or other ·person in charge of the preparation, filling or pursuing any claim for benefit under this Act shall demand or charge for his services any fee, and any stipulation to the contrary shall be null and void. The retention or deduction of any amount f rom any benefit granted under this Act for the payment of fees for such services is prohibited; Provided, however , That any member of the Philippine Bar who appears as counsel in any case heard by the Social Security Commission shall be entitled to attorney's fees not exceeding ten per cent of t he benefits awarded by the Commission, which fees shall not be payable before the actual payment of the benefits, and any stipulation to the contrary shall be null &nd void.
148
Any violation of the provision of this Section shall be punished by a fine of not less than five hundred pesos nor more than five thousand pesos, or imprisonment for not less than six months·nor more than one year, or both, at the discretion of the court. (As amended by Sec. 4, Pres. Decree No~ 34 7, S-1973 and Sec. 8. Pres. Decree No. 1202, S-19771. E.
Sources of Funds - Employment Records and Reports
SEC. 18. Employee's contribution. - (a) Beginning as of the last day of the calendar month when an employee's compulsory coverage takes effect and every month thereafter during his employment, the employer shall deduct and withhold from such employee's monthly salary, wage, compensation or earnings, the employee's contribution in an amount corresponding to his salary, wage, compensation, or earnings during the month in accordance with the following schedule effective on January 1 , 1 980: Salary Bracket Number II
Ill IV
v
VI VII VIII
IX X
Range of Compensation 1- 49.99 50- 99.99 100-149.99 150-199.99 200·249.99 250-349.99 350-499.99 500-699.99 700-899.99 900-0ver
Monthly Salary Credit 25.00 75.00 125.00 175.00 255.00 300.00 425.00 600.00 800.00 1,000.00
Monthly Contribution Employer
Employee
Total
1.70 4.30 6.40 9.00 11.40 15.20 21.60 30.40 40.50 50.70
.0.40 2.00
2.10 6.30 10.50 14.70 18.90 25.20 35.70 50.40 67.20 84.00
4.1{) 5.70 7.50 10.00 14.10 20.00 26.70 33.30
The maximum covered earnings.or compensation of all SSS members shall be limited toP 1,000 per month as provided in the foregoing schedule unless otherwise provided by the Social Security Commission through rules and regulations taking into consideration actuarial calculations and rate of benefits. (As amended by Sec. 10, RA 1792; Sec. 11, RA 2658; Sec. 10 Pres. Decree No. 24, · S-1972; Sec. 9 Pres. Decree No. 1202, S-1977 and Sec. 1 2, Pres. Decree No. 1636, S-1979) (b) Every employer shall issue a receipt for all contributions deducted from the employee's compensation or sha\\ indicate such deductions on the employer's pay envelopes. lAs amended by Sec. 12. Pres. Decree No. 1636, S-1979). SEC. 19. Employer's contributions. - (a} Beginning as of the fast day of the month when an employee's compulsory coverage takes effect and every month thereafter during his employment, his employer shall pay, with respect to such covered employee, the emp\oyer' s cont~ibution in accordance with the schedule indicated in Section eighteen of this Act. Notwithstanding any contract to the contrary, an employer. shall not deduct directly or indirectly, from the compensation of his employees covered by the SSS or otherwise recover from the employer's contributions with respect to such employees. (b) The remittance of such contributions by the employer shall be supported by a quarterly collection list to be submitted to the SSS at the end of each calendar quarter indicating the correct 10 number of the employer, the correct names and SSS numbers of the employees and the totat contributions paid for their account during the quarter. (As amended by Sec. 13. Pres.·oecree No. 1636, S-1979).
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SEC. 19-A. Contributions of the Self-employed. - The contributions to the SSS of the selfemployed shall be determined in accordance with Section 18 of this Act. Provided, That the average monthly net earnings declared by the self-employed at the t\me to his registration with the SSS shall be considered as his monthly compensation and he shall pay both the employer and employee contributions. Net earnings as understood under this section shall be the net income from his business or profession as reflected in the income tax, tax return for the immediately preceding year. excluding rental income, dividend, interest investments and the like or ali types of incoll)es which are not derived from his business registefed with the SSS or from the practice of his profession. The average .monthly net earning declared by the self-employed member at the time of his registration shall remain the basis of his monthly salary credit, unless he makes, at the start of the year, another declaration of his average monthly net earnings based on his income tax returns for the immediately preceding year , in which case such latest declaration becomes the new basis of his monthly salary credit. (As amended by Sec. 14, Pres. Decree No. 1636. S-1979) . SEC. 20. Government contribution. - As the contribution of the Government to the operation of the System, the Congress shall annually appropriate out of any funds in the National treasury not otherwise appropriated, the necessary sum or sums to meet the estimated expenses of the Syst em for each ensuing year. In addition to this contribution, the Congress shall appropriate from time to time such sum or sums as may be needed to assure the maintenance of an adequate working balance of the funds of the ~ystem as disclosed by suitable periodic actuarial studies to be made of the operations of the Systems. SEC. 21. Government Guarantee.- The benefit in this Act shall not be diminished and to guarantee said benefits the-government of the Republic of the Philippines accepts general responsibility for the solvency of the System. (As amended by Sec. 13, RA 1792}. SEC. 22. Remittance of Contributions. - (a) The con:ributions imposed in the preceding sections shall be remitted to the SSS within the first seven days of each calendar month following the month for which they are applicable or within such time as the Commission may prescribe. Every employer required to deduct and to remit such·contributions shall be liable for their payment and if any contribution is not paid to the SSS as herein prescribed, he shall pay besides the contribution a penalty thereon of th.;_.-e percent per month from the date the contrioution falls due until paid. If deemed expedient and advisable by the Commission, the collection and remittance of contributions shall be made quarterly or semiannually in advance, the ·contributions payable by the employees to be advanced by their respective employers: Provided, That upon separation of an employee, any contribution so paid in advance but not due shall be credited or refunded to his employer. (As amended by Sec. 12. Pres. Decree No_. 24, S-1972L (b) The contributions payable under this Act in cases where an employer refuses or neglects to pay the same shall be collected by the SSS in the same manner as taxes are made collectible under the National Revenue Code, as amended. Failure or refusal of the employer to pay or remit the contributions herein prescribed shall not prejudice the righ~ of the covered employee to the benefits of the coverage. The right to inst itute the necessary action against the employer may be commenced within twenty (20) y.:ars from the t ime the deliquency is known or the assessment is made by the SSS, or from the time the benefit accrues, as the case may be. (As amended by Sec. 15. Pres. Decree No. 16~6. S-1979). (c) Should any person, natural or judicial, default in any payment of contributions, t he Commission may also collect the same in either of the following ways.
150
1. By an action in court, which shall hear and dispose of the case in preference to any other civil action; or
2. By issuing a warrant to the Sheriff of any province or city commanding him to levy upon and sell any real and persona 1 property of the debtor. The sheriff's sale·by virtue of said warrant shall be governed by the same procedure prescribed for executions against property upon judgement by a court of record. (d) The last complete record of monthly contributions paid by the employer or the average of the monthly contributions paid during the past three years as ofthe date of filing the action for collection shall be presumed to the monthly contributions fer the account of employees listed therein payable and due from the employer to the SSS for each of the unpaid month, unless contradicted and overcome by other evidence: Provided, That the SSS shall not be barred from determining and collecting .t he true and correct contributions due the SSS even after full payment pursuant to this paragraph, not shall the employer be relieved of his liability under section twenty-eight of this Act (As amended by Sec. 12, Pres. Decree No. 24, S-1972 and Sec. 11 Pres. Decree No. 1202, S-1977). (e) For purposes of this section, any employer who is delinquent or has not remined all the monthly contributions due and payable may within six (6) months from approval of this amendatory act remit said contributions to the SSS and submit the corresponding col· lection lists therefor without incurring the prescribed three per cent penalty. In case the employer fails to remit the SSS the said contributions within the six months grace period, the penalty of three p,ercent shall be imposed from the time the contrib~tions f irst became due as provided in paragraph (a) or t his section: Provided, however, that the Administrator may, in meritorious cases, allow employers who have submitted a payment plan, on or before April 19, 1973. to pay their contributions due and payable up to December 31, 1973 without incurring the prescribed three percent penalty. (As amended by Sec. 12, Pres. Decree No. 24, S-1972 and $ec: 6 Pres. Decree No. 177, S· 1973}.
'to
SEC. 22-A. Remlttance of contributions of self-employed members shall remit their monthly contributions quarterly on such dates and schedules, as the Commission may specify through rules and regulations. The penalty of three percent per month for late payments provided for in paragraph (a) of Section 22 of this Act and the manner of collection of contributions specified in paragraphs (b), (c) and (d) of Section 22 of th is Act are also applicable to the collection of. penalties and contributions of the covered self-employed . !As amended by Sec. 1 6, Pres. Decree No. 1636, S-1979) . SEC. 23. Method of collection and Payment.- The SSS shall require a complete and proper cotlection and payment of contributions and proper Identification of the employer and the employee. Payment may be made in cash, checks, stamp, coupons, · t ickets, or other reasonable devices that the Commission may adopt. (As amended by Sec. 15 Pres. Decree No. 735, 5-1975). SEC. 24. f.rnptoyment Re~ords and Reports. - (a) · Each employer shall immediately report to the SSS the names, ages, civil statuses, occupations, salaries and ·dependents of all his employees who are subject to the compulsory coverage. Provided, That if an employe~ subject to compulsory coverage die or become sick or disabled or reach the age of sixty without the SSS having previously received any report or written communication about him from his employer or a contribution paid in his name by his employer, the said employer shall pay to the SSS damages equivalent to the benefits to which said employee would have been entitled had his name been reported on t ime by the employer to the SSS, except to the SSS, except that in case of pension benefits, the employer shall be liable to pay the SSS damages equivalent to five year's monthly pension, including dependent' s
151
monthly pension: Provided, further, That if the contingency occurs within thirty days from the date of employment, the employer shall be relieved of his liability for damages. (As amended by Sec. 15, RA 1792; Sec. 9, RA 4857 ; Sec . 13, Pres . Dec ree No. 24, S-1972: Sec. 16, Pres. Decree No. 735, S-1'975 and Sec. 12, Pres. Decree No. 1202, S-1977}. (b) Should the employer misrepresent the true date of employment of his employees or remit to the SSS contributions which are less than those required in this Act. resulting in a reduction of benefits, the employer shall pay to the SSS damages to the extent of such reduction . {As amended by Sec. 13, Pres. Decree No . 24, S-197 2 Sec. 16, Pres. Decree .No. 735, S-1975 and Sec. 17, Pres. Decree No. 1636, S-19791. (c) In addition to the liability mentioned in the preceding paragraphs (al and lbl hereof, the employer shall also be liable for the payment of the corresponding unremitted contribut ions and penalties thereon. (As amended by Sec •.17, Pres. Decree No. 1636, S- 1979). {d) The records and reports duly accomplished and submitted to the SSS by the employee or the employer, as the case may be kept confidential by the SSS except in compliance with a subpoena duces tecum issued by the Courts, shall not be divulged without the consent of the Administrator or any official of the SSS duly authorized by him. shall be presumed correct as to the data and other matters stated therein, unless the necessary corrections to such rl}cords and reports have been properly made by the parties concerned before the right to the benefit being claimed accrues. and shall be made the basis for the adjudication of the claims, if as a result of such adjudication of the claims. If a result of such adjudication the SSS in good faith pays a monthly pension to a beneficiary who is interior to right to another beneficiary or w ith whom another beneficiary is interior in right to another beneficiary is entitled to share, such payments shall discharge the SSS from liability, unless and until such other beneficiary notifies the SSS of his claim prior to the payments. (As amended by Sec. 13, Pres. Decree No. 24, S-1972 and Sec. 16, Pres . Decree No. 735, S-1975!. \e) Every employer shall be kept true and accurate work record for such period and containing such information as the Commission may prescribe, in addition to an "Annual Register of New Separated Employees'' which shall be secured from the SSS wherei~ the employer shall enter on the first day of employment or on the effective date of. separation the names of the persons employed or separated from employment, their SSS numbers, and such other data that the Commission may require and said annual register shall be sub.mitted the SSS in the month of January of each year. Such records shall be open for inspection by the SSS or its authorized representatives quarterly or as often as the SSS may require. The SSS may also require each employer to submit, with respect to the persons in his employ, reports needed for the affective administration of this Act . (As amended by Sec. 13, Pres. Decree No. 24, S-1 972). (f) Effective July 1, 1973, each employer shall require as a condition to employment, the presentation of a registration number secured by the prospective employee from the SSS may adopt: Provided that in case of employees who have earlier been assigned registration numbers by virtue of of previous employment, such originally assigned to them should be used for purposes of this section: Provided, further, That the issuance of such registration numbers by the SSS shall not exempt the employer from complying with the provisions of paragraph {a) of this Section. {As amended by Sec. 13, Pres. Decree No. 24, S-19721.
(g) Notwithst~nding any law to the contrary, microfilm copies of original SSS records and reports, duly certified by the offici~! custodian thereof, shall have the same evidentiary value a$ the originar and be admissible as evidence in all legal proceedings . (As amended by Sec. 16, Pres. Decree No. 735, S-1975).
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SEC. 24-A. Reports and Registration of the Self-Employed. - Each covered self-employed person shall, within thirty (30) days from the effective date of cover~ge, report to the SSS his name, age, civil status, and occupation, average monthly net income and his dependents: Provided, That if after said period of thirty days, he should die or become sick, or disabled or reach the age of sixty 160} without the SSS having previously received such report, the SSS shall not pay him the corresponding benefit. (As amended by Sec. 18, Pres. Decree No. 1636, S-1979}.
APPENDIX uC"
NEVV MEDICAL CARE LAW PRESIDENTIAL DECREE NO. 1519 REVISING THE PHILIPPINE MEDICAL CARE ACT OF NINETEEN HUNDRED AND SIXTY NINE SEC. 1. Medical Care Benefits*. - Under such rules, regulations and/or conditions as the SSS or the GSIS may prescribe subject to the approval of the Commission. A beneficiary under Program 1 who suffers from sickness or injury requiring hospitalization/surgical operation shall be entitled to the following benefits: Ia) Allowance for hospital room and board at twelve CP 12.00) pesos per day for a period not exceeding 45 days per year for each member of Program 1 and another 45 days per year to be shared by all his legal dependents. The Commission may; however, fix a higher rate not exceeding eighteen (P 18.001 pesos per day in accordance with such standards that it may set. {b) Allowance for necessary drugs and laboratory examination including X-ray not exceeding one hundred fifty (P150.00) pesos for single period of confinement. However, an amount not exceeding two hundred fifty IP250.00) pesos may be allowed for cases requiring intensive care as may be defined by the Commission. (c) Operating room fee allowance not exceeding twenty tP20.00) pesos for minor surgery, fifty (P50.00) pesos for medium surgery and seventy-five (P75.00) pesos for major surgery. (d} Surgeon's fee allowance not exceeding fifty (P50.00) pesos for minor surgery, two hundred fifty IP250.00l pesos for medium surgery and five hundred IP500.00) pesos tor major surgery, the exact amount of which shall be determined under a relative value scheme covering each kind of surgical procedure under rules and regulations !O be promulgated by the Commission for this purpose, but not to exceed five hundred (P500.00) pesos for any listed operation. The fee shall cover for two {2) days of pre-Operative care ar1d five (5) days of post-operative care. tet Anesthesiologist's fee allowance shall not exceed thirty per cent (30%) of tfle surgeon's fees. (f) Allowance for medical and dental practitioner's fe~ of ten (P 10.00) pesos for each daily visit not tq exceed two hundred (P200.00) pesos for a single period of confinement or for any sickness or injury provided that in determining the compensable daily visit occasioned by any one sickness or injury not more. than one visit for any one day shall be counted.
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(g) Allowance for sterilization expenses of a contributing member or his spouse as may be determined by the Commission. The beneficiary shall have the option to secure the drugs and medicines used for his treatment from either the hosp.ital ph.armacy wherein he i.s ~onfined or from any retail drug store of his own choice subject to the rules and regulations promulgated to the Commission or as provided for in Section 21 and 22 thereof. Out~patient and domiciliary care shall be carried out by existing government hospitals, rural health units, other government clinics and all clinics under the supervision of variousgovernment entities.
As soon as feasible the Commissi~n shall provide expense allowance for ambulatory and domiciliary care benefits rendered in/by government or private hospitals or clinics to beneficiaries of this Medical Care Act subject to rules and regulations promulgated by the Commission. All government hospitals. sanitaria, clinics, dispensaries and rural health units shall provide back-up services to the medical care plan especially for -patient occupying service beds. SEC. 2 . Participants in the Delivery of Medical Services. - Only the following may participate in the delivery of medical care services in the Philippine Medical Care Plan under such rules and regulations as the Commission may set: (a) Hospitals duly accredited by the Commission. (b) Drugstores duly accredited by the Commission. SEC. 3. Free Choice of Hospital, Medical or Dental Attendance. - Any beneficiary who becomes sick or is injured shall be free to choose the hospital in which he will be confined and the medical or dental practitioner or medical or dental attendance by whom he will be treated, under such rules and regulations as promulgated by the•Commission. The right of any beneficiary who so desires to arrange privately for medical care at his own expense shall not be prejudiced by any provision of this Decree. SEC. 4. Entitlement to Medical Care Benefits. - An employee who shall have paid at least three monthly contributions during the last twelve months prior to the first day of the single period of confinement, as well as his legal dependents shall be entitled to medical care benefits: Provided, That until such time that such an employee becomes entitled to the benefits of Program 1, he shall be covered by Program 11 . SEC. 5. Supervision. - The Commission, the SSS and the GSIS shall exercise supervision over the confined beneficiaries under such rules and regulations as they may promulgate for the purpose. This authority may be exercised by the Commission through its intermediaries. SEC. 6. The GSIS and SSS Health Insurance Funds. - Payment for Medical care benefits In Program 1 , shall be borne by the SSS and GSIS Health Insurance Funds which shall consist of all contributions and accruals thereto. These funds shall be kept distinct and separate from all other funds administered by the said agencies. The Health Insurance FJJnds administered under the GSIS and SSS shall be deposited, invested, administered and disbursed in the same manner and under the same conditions, requirements, and safeguards as provided by Republic Act Numbered Eleven Hundred Sixty-One, as amended and Commonwealth Act numbered One Hundred Eighty-Six as amended, with regard to such other funds as are administered by the SSS and GSIS respectively: Provided, That the SSS and GSIS may disburse each from operational ex-
154
penses not more than 12 percent of the total contributions and investment earnings col· lected during the year. SEC. 7 . Rates of Contributions for the S~S and GSIS health Jnsurance funds. - Contribu· tions for the Health Insurance Funds by members of the SSS and GSIS shall be compulsory in accordance with the following schedule: Monthly Salary Wage or Earnings 1.00- 49.99 99.99 50 .00· 100 .00- 149.99 150.00- 199.99 200.00- 249.99 250.00- 349.99 350.00 · 499.99 500.00-Above
Contribution Base 25.00 75.00 125.00 175.00 225.00 300.00 425.00 600.00
Employer's Contribution
0.30 .95
Employees Contribution
0.30 .95
1.55
1.55
2.20 2.80 3.75 2.35 7.50
2.20 2.80 3.75 5.35 7.50
SEC. 8. Collection of Contributions to the SSS and GSIS Health lnsur"'nce Funds. - The employer shall deduct from his employee's contribution. The employee's contribution and the employer's counterpart thereof shall be remitted by the employer directly to the GSIS or the SSS, as the case maybe, in the same manner as other SSS and GSIS contributions and shall be subject to the same penalties for late payment. The employer's counterpart contributions shall not in any manner be recovered from the employee. Failure of the employer to remit to the GSIS and the SSS the corresponding employee's and employer's contributions of the benefits of this Decree. SEC. 9. Effects of Separation from Employment. - An employee who is no longer obliged to contribute under Section 19 hereof by separation from employment may continue to enjoy medical care benefits, subject to such rules, regulations and/or conditions as the Commission may prescribe . SEC. 10 . Payment of Medical Care Benefits. - Payment for medical care services shall be made directly to the hospital, the medical or dental practitioner. and the retail drug store according to rules, regulations and/or conditions which the Commission may set: Provided, That when the charges and fees agrees upon between the beneficiary. who chooses to oc:;upy a bed more expensive than a service bed, and the provider ohhe service exceed the amount of benefits provided for under this Decree, the difference shall be borne personally by the patient. Medical care expenses incurred while outside the country may be reimbursed to the beneficiary under such rules, regulations and/or conditions as the Commission may prescribe. SEC. 1 1. limitation to Payment of Benefits. - Claims for payment of services rendered under this Decree which are filed beyond sixty (60) days after the discharge of the patient from the hospital or from the time a patient has been declared well shall be barred from payment . Payment for services rendered may be reduced or denied when the claimant: Ia) Furnishes false or incorrect information concerning any matter required by in Decree or the rules and regulations promulgated by the Commission.
(b) Falls without good cause or legal ground to comply with any provision of this Decree or the implementing rules and regulations of the Commission .
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The cost of medical care benefits of patients confined in service beds shall be limited to the prescribed medical care benefit allowances. When a claim is reduced or denied, the amount thus reduced or denied shall be charged directly or indirectly to the beneficiary involved unless the latter is directly responsible for the cause of such reduction or denial. · SEC. 12. Exclusion. -The benefits granted under the Medical Care Plan shall not cover any expenses for: Ia) Cosmetic .surgery or treatment; (b) Optometric Services;
(c) Psychiatric illness; (dl Normal obstetrical delivery; and (e) Services which are purely diagnosti~ .
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Fire Code of the Philippines P.O. 1185 Part 1 SECTION 8. Inspections, Safety Measures, fire Safety Constructions and Protective and/or Warning Systems
al Safety Measures for hazardous operation- Fire Safety Measures shall be reQuired for the following hazardo~s operations( processes: 1) 2) 3) 4)
Welding or soldering Industrial baking and drying Waste Disposal Pressurized/forced-draft burning equipment 51 Smelting and Forging 6) Motion picture projection using electrical arc lamps 7) Refining, distillation and solvent extraction.
PROVISION ON FIRE SAFETY CONSTRUCTION PROTECTtVE AND WARNING SYSTEM -
Owners, occupants or administrator of buildings, structures and their premises or facilities, except such other buildings or structures as may be exempted in the rules and regulations under Section 6 hereof, shall incorporate and provide therein fire safety construction, protective and warning system, end shall develop and implement fire safety programs, to wit: 1) Fire Protection Features such as sprinkler systems, hose boxes, hose reels or standpipe systems and other fire fighting equipment; 2) Fire alarm systems; 3) Fire walls to separate adjoining buildings, or warehouses and storage areas from other occupancies in the same building; 4) Provisions for confining the fire at its source such as fire resistive floors and walls extending up to the next floor slab or roof, certain boards and other fire containing or stopping components~ 5) Termination of all exits in an area affording safe passage to a public way or safe dispersal area; 6) Stairways, ¥ertical shafts, horizontal exits and other means of egress sealed from smoke and heat; 7) A fire exit plan for each floor of the building showing the routes from each room to appropriate exits, displayed prominently on the door of each room; 8} Self-enclosing fire resistive doors leading to corridors; 9) Fire dampers in centralized airconditioning ducts; 1 0) Roof vents fot use by f ire fighters; 11 ) Properly marked and lighted exits with provision for emergency lights to ade· quately illuminate exit ways in case of power failure. SEC. 9 PROHIBITED ACTS omissions:
The following are declared as prohibited acts and
a) Obstructing or blocking the exit ways or access to buildings clearly marked for fire safety purpose, such as but not limited to aisles in interior rooms, any part of stair· ways, hallways, corridors, vestibules, balconies or bridges leading to a stairway or exit of any kind, or tolerating or allowing .said violations;
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bl Constructing gates, entrances and walkways to building components and yards which obstruct t he orderly and easy passage of fir_e fighting vehicles and equip-
ment; c) Prevention, interference or obstructi0!1 of any operation of the Fire Service, or of duly organized and authorized fire brigades;
d) Obstructing designated fire lanes or access to fire hydrants; · e) Overcrowding or admission of persons · beyond the authorized capacity in movie houses, theaters, coliseums, auditoriums or other public assembly buildings, except in other assembly areas on the ground floor with open sides or open doors sufficient to provide safe exits; f) Locking f ire exits during periods when people are inside the building ; g) Prevention or obstruction of the automatic closure of Fire doors or smoke partitions or dampers; h) Use of Fire protective or fire fighting equipment of the Fire Service other than for fire fighting except in other emergencies where their use are justified; i) Giving false or malicious fire alarms;
jl Smoking in prohibited areas as may be determined by Fire Service or throwing of cigars, cigarettes, burning objects in places which may start or cause f ire; kl Removing , destr oying, tampering or obliterating any authorized mark, seal, sign or tag posted or required by the Fire Service for Fire safety in any building, structure or processing equipment; I) Use of jumpers or tampering with electrical wiring or overloading the electrical system beyond its designed capacity or such other practices that would tend to undermine the fire safety features of the electrical system.
Part 2
RULES AND REGULATIONS IMPLEMENTING THE FIRE
CODE RULE I
GENERAL PROVISIONS:
DIVISION 1 - GENERAL SEC. 1 SCOPE following:
The provisions of the Fire Code shall apply to and govern the
a. All persons ~
b. All private or·public buildings, facilities, structures and their premises, constructed before or after the effectivity hereof; c. Storage, handling or use of expfosives and/or combustible, flammable, toxic and other hazardous materials; d. Design and installation of electrical system; e. Fire Safety construction and f. Fire protective and Warning equipment or systems. SEC. 5
DEFINITIONS
AUTOMATIC FIRE SUPPRESSION SYSTEM - an integrated System o.f Underground or overhead piping or both connected to a source of extinguishing agent or medium
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and designed in accordance with fire protection engineering standards which when actuated by its automatic detecting device suppresses fire within the area protected. COMBINATION STANDPIPE- pipe line system filled with water and connected to a constant water supply for the use of the service and the occupants of the building solely for fire suppression purposes. DRY STAND PIPE - a type of standpipe system in which the pipes are normally not filled with water. Water is introduced into the system thru Fire Service connections when needed. FIRE ALERTING SYSTEM - a fire alarm system activated by the presence of a fire, where the signal is transmitted to designated locations instead of sounding a general alarm, in order to prevent panic. FIRE RESISTANCE RATING - the time duration that a material or construction can withstand the effect of standard fire Test. FIRE WALL - a wall designed to prevent the spread of fire, having a fire resistance rating ·o f not less than four (41 hours with sufficient structural stability to remain standing even if construction on either side collapse under fire conditions. FLAME SPREAD RATING - The time in which flame will spread over the surface of a burning material . FLAME (FIRE) RETARDANT - any compound, or mixture which when applied properly improves the fi re resistant quality of fabrics and other materials like wood . FUMIGANT - a gas, fume, or vapor used for the destruction or control of insects, fungi, vermin. germs, rodents or other pests. MEANS OF EGRESS- a continuous and unobstructed route or exit from any point in a building, structure, or facility to a public way. OCCUPANT LOAD - The maximum number of persons that may b e allowed to occupy a particular building. str~cture or facility or portjons thereof. PANIC HARDWARE- a mechanical device consisting of linkages and a horizontal bar across a door , which cause the door to open and facilitates exit from a building, structure or facility. PLENUM - an air compartment or chamber to which one or more ducts are connected and which form part of an air distribution system. DIVIS.ON 2 - ENFORCEMENT AND ADMINISTRATION SEC. 1. Fite Safety ,Inspection - Inspection of all buildings structure and facilities and the determination of compliance of provisions of this Fire Safety Inspector of t he Fire Service of the Integrated National Police. SEC. 2. Inspection Requirements - Fire Safety Inspection shall be conducted as a prerequisite to grants of permits and/or licenses by local governments or other govern~ ment agencies.
RULE II
GENERAL PRECAUTIONS AGAINST FIRE
DIVISION 1 -INCINERATORS AND OPEN BURNING SEC. 1. Bonfires and Outdoor Rubbish Firee - No person shall kindle or maintain any bonfire or rubbish fire or authorize any such fire to be kindled unless:
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11 The location is not less than fifteen ( 1 5) meters from any structure and adequate provision is made to prevent fire from spreading to within fifteen ( 1 5) meters of any structure; 2) The Fire is contained in an approved waste burner or incinerator located safely
not less than five (5). meters from any structure. SEC. 2.
·
Types and Construction of lnclneratora
a) Fixed commercial, industrial and apartment type incinerators shall be constructed
iri accordance with the provisions of the Building Code. b) Residential fixed incinerators shall be constructed of brick, concrete hollow blocks,
or other five-resistive material other than metal, with a completely enclosed combustion chamber and shall be equipped with a permanently attached spark arrester constructed of iron, heavy wire mesh, or other noncombustible material; with openings not larger than thirteen (13) millimeters. SEC. 3. location - Any residential incinerator· used in connection with a single family dwelling shall be located not less than one and one-half ( 1 1/2) meters from any wood frame building or structure, or other combustible material, or not less than one (1) meter from a masonry, stucco, similar fire resistive building or str~cture and not less · than one and one half ( 1 1/2) meters from any opening of said building or structures. Any residential incinerator used in connection with any occupancy other than a single family dwelling shall be iocated not less than three 13) meters from any building or property line: Provided, that the smoke stack of any incinerator terminate not less than one and one half ( 1 1/2t meters from any combustible roof, overhang on eave construction.
or
RULE Ill· .FIRE SAFETY IN BUILDING, STRUCTURES AND FACILITIES DIVISION 1 - ADMINISTRATION SEC. 1.01.
Scope
a) This rule deals with life safety from fire and Uke emergencies, it covers construction, protection· and occupancy features to minimize danger to life from fire, ·smoke, fumes, or panic before buildings are vacated. It specifies the number, size and arrangement of means of egress sufficient to permit prompt escape of oc· cupants from buildings, or structures or facilities in case of fire. b) Nothing in this rule shall be construed to prohibit a better type of building construe· tion, more exits or otherwise safer conditions than the requirements specified in this Rule.· c) This rule recognizes that panic in a burning building may be uncontrollable. It deals with the potential panic hazard through measures designed to prevent the development of panic. Experience indicates that Panic seldom develops even in the presence of potential danger, so long as occupants of buildings are moving toward exits which they can see within a reasonable distance with no obstruction or undue ·congestion in the path of Travel. However, any uncertainty as to the location or adequacy of means of egress. the presence of smoke, or stopping of travel', such as may occur when one person stumbles and falls on stairs may be conducive to panic. Panic danger is greatest when the number of people in a confined area. exceeds the capacity of the exits.
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OIVtSION 2. GENERAL SEC. 2.01.
Fundamental Requirement•
a. Building or structure, new or old, designed for human occupancy shall be provided with exits sufficient to permit the fast escape of occupants in case of fire or other emergency. The design of exits and other fire safety construction shall be such that reliance for safety to life in case of fire or other emergency w ill not depend solely on any single fire safety construction. Additional safeguards shall be provided for life safety in case any single safeguard is ineffective due to some human or mechanical failure. b. Every building or structure shall be so designed, constructed,_equif)ped, maintained and operated as to avoid danger to the lives and safety of its occupants from fire, smoke, ''fumes, or resulting panic during the period for escape from the building or structure. c. Every building or structure shall be provided with Exits of kinds, numbers, location and capacity appropriate to the individual building or structure, with due regard to the character of the occupancy, the number of persons exposed. The fire protection available and the height and type of construction of the building or structure, to afford all occupants convenient facilities for escape. d. Every exit of buildings or structures shall be so-arranged and maintained as to provide free and unobstructed egress from all parts thereof, at all times. NO LOCK or fastening that would prevent escape, from the inside of any building shall be in· stalled except in mental, penal, or correctional institutions where personnel are continually on duty and effective provisions are made to evacuate occupants in case of fire or other emergency. e. Every exit shall be clearly visible. The route to the exit shall be conspicuously marked in such a manner that every occupant of a building or structure will readily know the direction of escape. Each route of escape, in its entlretv, shall be soarranged or marked that the way to a place of safety outside is unmistakable. Any doorway or passage not constituting out exit or way to reach an exit, which may be mistaken for an exit, shall be MARKED as to minimize its possible confusion with an exit. · f. All means o~ egress shall be provided with adequate and reliable ILLUMINATION. g. In every building or structure of such size, arrangement, or occupancy that a fire may not itself provide adequate warning to occupants, FIRE ALARM FACILITIES · shall be provided. h. Ev&ry building or structure, section, or area thereof of such size, occupancy, and arrangement such that the reasonable safety of a number of occupants may be endangered by the blocking of any single means of egress due to fire or smoke, shall have at least two means of egress REMOTE from each other, so arranged as to minimize any possibility that both may be blocked by any one fire or other emergency conditions.
i. Every vertical way of exit and other vertical opening between floors of a building shalf be suitably enclosed or protected as necessary to afford reasonable safetY to occupants while using. ·exits and to prevent spread of fires, smoke, or -fumes tt:lrough vertical openings from floor to floor before occupants have entered exits. DMSION 3 - CLASSIFICATION OF OCCUPANCY
SEC. 3.301.
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a. ASSEMBLY- Places of Assembly include buitdings used for gathering together of fifty (50) or more persons in commercial places of assembly and one hundred 11 00) or more persons in non·co.mmercja) pJaces of assembly. This include theaten>; exhibition halls, restaurants, churches, dance halls, restaurants, chur· ches, dance halls, gymnasium, terminals, court rooms, etc .. b. EDUCATIONAL - include aU buildings used for the gathering of groups of six (6) or
more persons for purposes of instrument. .This include schools, colleges, univer· sities, academics, etc. c.. INSTITUTIONAL - those used for purposes such ·as treatment or care of persons suffering from physical or mental illness, disease or infirmity; care of infants, convalescents or aged· persons; and for penal or correctional purposes. These buildings are provided with sleeping facilities for .the occupants and are occupied by persons who are mostly incapable of self preservation because of age, physical or mental disability, or beCause of security measures not under the occupants con· trol. Institutional occupancies are the following: Health care facilities, such as hospitals and nursing homes; residential-custodial care such as nurseries, homes for the aged; and mental retarded care institutions, residential-restrained care such as penal institutions, reformatories, and jails. d. RESIDENTIAL -· One in which sleeping and/or sleeping accommodations are provided for residential purposes, except those classified under Institutional occupan· cies. The following groups are hotels; motels, pension houses, inns, apartments, dormitories, orphanages; lodging or rooming housesi and one and two family dwellings. e. MERCANTILE - Occupancies include stores, markets, and other rooms, buildings, or structures for. the display· and/or sale of merchandise. Included in this occupancy group are: Supermarkets; department stores; shopping centers; drugstores; and auction rooms. f.. BUSlNESS -
Buildings used. for the transaction· of business other than that covered under mercantile, for the keeping of accounts and records and similar pur· poses. Included in this occupancy group are office for lawyers; doctors; dentists;. and other professionals, general offices; City/town hall; court houses and libraries.
g. INDUSTRIAL - Occupancies include factories making products of all kinds and properties devoted to operations such as processing, assembling, mixing, packaging, finishing ·or decorating, and repairing, including among others, the following: Factories of all kinds; laboratories; dr'y cleaning·plants; power plants; pumping stations, smokehouses; laundries; creameries; gas plants; refineries, and sawmills. h. STORAGE - Includes all buildings, or structures utilized primarily for the storage or sheltering of goods, merchandise, products, vehicles or animals. Included in this. occupancy group are: Waterhouses, Cold storages; freight terminals; truck and marine terminals, bulk oil storage; parking garage; hangars; grain elevators: barns and stables.
C. 3.302. Hazardous Contents- For purposes of this rule hazard of contents shall be the relative danger of the start and spread of fir~, the generation of smoke or gases, the danger of exi>tosion or other occurence potentially endangering the lives and safety ot the occupants of th& building or structure due to the nature of the contents or processes/operations therein.
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CMuifiulion of Hu.rd of Contenr.: a} LOW Hazard Contents - are those of such iow combustibility that no selfpropagating fire therein can occur and that consequently ~ only probable danger requiring the use of emergency exits will be from panic, f.umes or smoke or fire from some external source. b) Ordinary hazard contents - are those which are liable to burn with moderate rapidity or to give off a considerable volume of smoke, but from which neither poisonous fumes nor explosions are likely to occur In case of fire. c} High Hazard Contents - are those which are liable to burn with extreme rapidity or from which gases or explosions are to be expected in the event of fire.
Sp«:/11/ Ptovl8/ona for High Haztlld Contenta 1 ) Exits shall be provided for such types and numbers and so arranged as to permit all occupanis to escape from the building or structure or from the hazardous area thereof the outside or to a ptace of safety with a travel distance of not over twenty three (23) meters.
21 Capacity of Exits - not less than one ( 11 unit of exit width for each thirty (301 persons if the exit is by inside or outside stairs; or one ( 1 ) unit of exit width for each f ifty (50) persons if the exit is by doors at ground level, by horizontal exits or by c'ass A ramps.
DIVISION 4 - MEANS OF EGRESS Protectiwl EncloiiUrtl of Exits 1 ) When an exit is required to be protected by separation from other parts of the building by some requirements of this rule, the separating construction shalf meet the following requirements. a) The separation shall have at least one-hour fire resistance rating when the exit connects three (3) stories or less, regardless of whether the stories connected are above or below the storey at which the exit discharge begins. b) The separation shall have at least two-hour resistance rating when the exit connects four (41 stories or more whether above or below the floor of discharge. c) Any openin·g in the separation wall construction shall be protected by an ap. proved self·closing fire resistive door. d) .openings in exit enclosure shall be confined to those necessary for access to the enclosure form normally occupied spaces and for egress from the enclosure. 2) No exit enclosure shal! be used for any purpose, suoh as piping for flammable liquids or gases, .which could Interface with its function as an exit.
D. Width llfld Capilclty of Muns of EgretJ$ 1 ) The capacity in number of persons per unit of exit width for approved components of means of egress shall be as follows: Level egress components (including Class A ramps) Inclined egress components (Including Class 8 ramp~) - 60 persons 21 Means of egress shall be measured in untts of exits width of fifty five (55) centimeters, Fractions of a unit shall be coUhted, except that thirty (30)
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centimeters added to one or more full units shall be counted as one-half (0.5) of a unit of exit width.
3) Units of exit width shall be measured at the narrowest unobstructed point of the means of egress except that a handrail may project inside the measured ·width on each side not more than eighty nine (89) millimeters and a stringer may project inside the measured width not more than thirty eight (38) millimeters. An exit or exit access door swinging into an aisle or passageway shall not restrict the effective width thereof at any point during its swing to less than minimum width hereafter specified.
E. Egress
~pscity
snd Occup11nt LOIId
1 ) The capacity of means of egress for any floor, balcony, tier, or other occupied space shall be sufficient for the occupant load thereof. The occupant load shall be the maximum number of persons that may be in the space at any time. but shall not be less than the number computed in accordance with the individual occupancies. For Places of Assembly Occupant load: The occupant load permitted by dividing the net floor area or space assigned to that use by the square meter per occupant as follows: An assembly area of concentrated use without f ixed seats such as auditoriums, church, dance floor, 10.65 sq.m, per person) An Assembly area of less concentrated use such as conference room, dining room, drinking establishment, exhibit room, gymnasium, (1.4 sq. mtp·erson) Standing room or waiting space (0.28) sq. m. per person) For Educational Occupancies The occupan t load shall be the maximum load but not less than one person for each 1.8 square meteres of net classroom area or 4.6 sq. m . of net area of shops, laboratories, etc. For Institutional Occupancies The occupant load shall be the maximum number of persons intended to oc· cupy that floor but not less than one ( 1) person for each 11 sq. m. gross floor area in institutional sleeping departments and not less than one ( 1 ) person for each 22 square meters of gross floor area of inpatient institutional Treatment departments. For Residential The occupant load in numbers of persons except for single and two family dwellings shall be determined on the basis of one ( 1) person·per 1 8 .6 square meters gross floor area. For Mercantile Occupancies One street floor, the occupant load is one {1) person for each 5.6 sq. m. gross floor area floors used for offices, storage, shipping not open to general public: one ( 1) person for each 4.3 sq. m . gross floor area. For Business Occupancies The occupant load of business purposes shall be no less than one (11 person per nine and t h ree tenth (9.3) square meters of gross floor area.
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For Industrial Occupancies The occupant load shall be one ( 1) person per 9. 3 square meters gross floor area. 2) Where exits serve more than one floor, only ~he occupant load of each floor considered individually need be used in computing the capacity of the exits at that floor: Provided , that exit capacity shall not be decreased in t he direction of exit travel. When means of egress from floor above and below coverage at an intermediate floor, the capacity of the means of egress from the point of convergence, shall not be less than the sum of the two .
F. Ammge/TI6nt of Exit: When more than one exit is required from a story, at least two of the exits shall be remote from each other and so arranged and constructed as to minimize any possibility that both may be bl
G. Exit Distsnc11 snd Desd-End Limits: The maximum travel distance in any occupied space to at least one exit, measured in accordance w ith the following requirements shall not exceed the limits for individual occupancies means of egress shall be so arranged that there are no deadend pockets, hallways, corridors, passage ways or courts whose depth exceeds the limits specified for individual occupancies.
For Pisces of Assembly a) No individual unit of exit width shall serve more than 100 person . b) Every Class A I 1 ,000 or more) capacity shall have at least four (41 separate exits as remote from each other.
cl Class (B) 300-600 capacity shall have at least two (2) separate exits 600 above shall have three (3) exits. d) Class IC) 50-300 capacity shall have at least 2 means of exit, consisting of separate exits leading to a corridor giving access to 2 separate independent exits in different directors. e) Every assembly occupancy shall be provided with a man exit to accommodate 1/2 of the total occupant load. f) Travel distance -
46 meters minimum if not protected by automatic the suppression and 61 meters if protected.
H.
Messuretm~nt
of Trsvel Dist•nc11 to Exits
1) The travel distance to an exit shall be measured on the floor or other walling surface along the center line of the natural path of travel, starting 30 centimeters from the most remote point, curving around any corner or constuction with a 30 centimeters clearance t herefrom, and ending at the center of the doorway or other point at which the exit begins. Where measurement in· eludes stairs, it shall be taken in the plane of the tread nosing. 2) In the case of open areas, distance to exits shall be measured from the most remote point subject to occupancy. In case of individual rooms subject to occupancy by not more than six (6) persons, distance to exits shall be measured f rom the doors of such rooms provided the path of travel from any point in the room to the room door does not exceed 15 meters.
3) Where open stairway or ramps are permitted. As a path of travel to required exits, such as between mezzanines or balconies and the floor below, the distance shall include the travel on th~ stairway or ramp, and the travel from the end of the stairway or ramp to reach an outside door or other exit, in addition to the distance to reach the stairway or ramp .. 4~
Where any part of an exterior way of exit access is within four and a half (4.5) meters horizontal distance of any unprotected building opening, for outside stairs, the distance to the exit shall include the length of travel to ground level .
. I. Access to Exits: 1) Exit shall be so located and exit access shaH be so arranged that exits are readily accessible at all times. Where exits are not immediately accessible from an open floor area, safe and continuous passageways, aisles, or corridors leading directly to every exit shall be maintained and shall be so arrange as to provide convenient access for each occupant to at least 2 exits by separate ways of travel, except where single exit or limited dead-ends are permitted by other provisions of this rule. 2) A door from
a room to an exit or to a way of exit access shall be of the side-
hinged, swinging type. It shall swing with exit travel when the room is occupied by more than 50 persons or used for a high hazard occupancy such access doors shall conform to the appropriate requirements of Sec. 3.402 on doors.
31 In no case shall access to exit be, through a bathroom, bedroom or other room subject to locking, expect where the exit is required to serve only the bedroom or other room subject to locking, or adjoining rooll)s constituting part of the same dwelling or apartment used for single family occupancy. 41 Way of exit access and the doors to exits to which they lead shall be so designed and arranged as to be clearly recognizable as such. Decorations or draperies shall not be placed on exit doors. Mirrors shall not be placed in or adjacent to any exit in such a manner as to confuse the direction of exit.
5) Exit access shall be so arranged that it wiU not be necessary tct travel toward any area of high hazard occupancy in order to reach the nearest exit, unless the path is· protected by suitable partitions.
as specified for individual occupancies, but in no case shall such width be less than 71 cen. timeters. Where a single way of. exit shal4 be at least equal to the required capacity of the exit to which it leads. Where more than one way of exit access leads to an exit. Each shall have a width adequate for the number of p~r- . sons it must-accommodate.
6) The minimum width of any way of exit access shall be
J. Exterior Weys of Exit Accen 1) Access to an exit may be by means of any exterior balcony, porch, gallery, or
roof that conforms to the requirements of this division. 2) Exterior ways of exit access shall have smooth, solid floors, substantially level, and shall have guards Qn the unclosed sides at least equivalent to those specified in paragraph "F" of Sec. 3.403. 3) A permanent, reasonably straight path of travel shall be maintained over the required exterior way of exit access. There shall be no obstruction by rail-
1h7
ings, barri~-rs or gates that divide the open space into sections appurtenances to individual rooms, apartments, or other uses. However. if, the width of the exterior way of exit access is greater than the required path of travel, it may be permitted to relocate furniture on one side out of the path's way. 4 ) an exterior way of exit access shall be so arranged that there are no deadends in excess of six 161 meters in length. 5) Any gallery , balcony, bridge , porch or other exterior exit access that projects beyond the outside wall of a building shall comply with the requirements of this Division as to width and arrangement. The material of construction may be as permitted for the building served. K.
Dlschttt~
from Exits
1) All exits shall terminate directly at a public way or at an exit discharge.
Yards, courts, open space, or other portions of the exit discharge shall be of required width and size to provide all occupants with a safe access to a public way . 2) Where permitted for individual occupants, a minimum of 50 percent of the exits may discharge through areas on the floor of discharge provided all of the following are met: al Exits shall discharge to a free and unobstructed way to the exterior of the building ~h ich way is readily v isible and identifiable from the point of discharge from the exit. b) The floor of discharge into which the exit discharges and any other portion of the level of discharge with access to the discharge areas are protected w ith automatic fire suppression system or separated from it in accordance with the requirements for the enclosure of exits (Section 3.401 paragraph "o") . Exception: The above requirements may be waived if the discharge area is a vestibule or foyer complying with all the following: The depth from the ext erior of the building is not greater than 3 .00 meters and the length is not greater than 6 meters. The foyer is a separated from the remainder of the level of discharge by construction providing protection at least the equiva.lent of wired glass in· steel frames, and the foyer serves only for means of egress including exits directly to the outside. c) The entire area on the floor of discharge is separated from areas below by construction having a minimum of two-hour fire-resistance rating. 3) Stairs and other exits shall be so arranged as to make clear the direction of egress to the street. Exit stairs that continue beyond the · floor of discharge shall be interrupted at the floor of discharge by partitions, door·s, or other effective means. 4 ) Stairs, ramps, bridges, balconies, escalators, moving walls and other components of an exit discharge shall comply with the detailed requirements of this division for such components. 5) Subjec·t to approval, exits may be accepted where discharging to roofs or other sections of the building or adjoining buildings, where the roof has a fire resi$tance rating at least the equivalent of that required for the exit enclosure, where there is a continuous and safe means of egress from the room, and all other reasonable requirements fol"fire safet y are maintained.
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L. Headroom: Means of egress shall be so designed and maintained as to provide adequate headroom as provided in other sections of this rule but in no case shall the ceiling height (headroom) be less than 2.3 meters nor any projection from the ceiling be · less than 2:00 meters from the floor.
M. Changes in Elevation: Where a means of egress is not level such difference in elevation shall be negotiated by stairs or ramps conforming to the requirements of this division for stairs and ramps. N. Interior Finish in Exits: The flame spread of interior finish shall not exceed Class B in exit enclosures.
0. Maintenancettnd Workmanship 1) Doors, stairs, ramps, passages, signs, and all other components of means of egress shall be of substantial, reliable construction and shall be built or installed in accordance with good engineering practice. 2) Means of egress shall be continually maintained free of all destructions or
impediments to insure instant use in case of fire or other emergency. 3) Any device or alarm installed to restrict the improper use of a means of
egress shall be so designed and installed that it cannot, even in case of failure, impede or prevent emergency use of such means of egress.
SEC. 3.402
Doors
A . Applicetion 11 A door assembly, including the doorway, frame, door, and necessary hardware, may be used as a component in a means of egress when it conforms to the general requirements of Sec. 3.401 and to the special requirements of · this Section. At such the assembly is designated as a door. 2) Every door and every principal entrance which are required to serve as an exit shall be so designed and constrU<:ted that the way of exit travel is obvious and direct. Windows, which because of their physical configuration or design and the materials used in their construction could be mistaken for doors, shall be made inaccessible to the occupants by barriers or railings conforming to the requirements oi paragraph "F" of Section 3.403. B. Swing end Force to Open 1 ) Any door used in an exit shall be so designed and installed .that when a force · is applied to the door on the side from which egress is to be made, it shall swing in the direction of exit travel from any position to the full instant use of the opening in which it is installed. During its opening process or when fully opened, door shall not obstruct the exit width as determined by paragraph 'D" of Section 3.402. 2) A door providing access to a stairway shall swing in the direction of ecit travel. A door during its swing shall not block stairs or landings and in no case, in new buildings, shall any door at any point in its swing reduce the effective width of stair or landing to less than one unit of exit width, nor when opened interface with the full use of the stairs.
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3 l The force required to fully open door shall not exceed twenty three ( 2 3) kilos applied to the latch stile.
C. Locks, Lstchss, Alsrm Deviees: 1 ) A door shall be so arranged as to be readily opened from the side from which egress is to be made at all times when the building served thereby is oc· cupied. Locks, if provided, shall not required the use of a key for operation from the inside of the building. 2} A la.t ch or other fastening device on a door shall be provided with a knob, handle, panic bar. of other simple type releasing device, the method of operation of which is obvious, even in darkness.
3) A door designed to be kept normally closed in a means of egress, such as a door to a stair enclosure or horizontal exit, shall be provided with a reliable self-closing mechanism, and shall not at any time be secured in the open position. A door designed to be kept normally closed shall bear a sign reading substantially as follows:
FIRE EXIT PLEASE KEEP DOOR CLOSED
D. Units of Exit Widths: 1 } In determining the units of exit width for a doorway. only the clear width of the doorway when the door is in the open position shall be measured. Any projections into the doorways by doorsteps or by the hinge stile shall be disregarded.
a doorway is divided by mullions , the allowable units of exit width for the entire doorway shall be the sum of the units of exit width measured separately for each individual door in the opening.
2 } Where
E. Width snd Floor Level: 1) No single door in
a doorway shall be less than seventy one (7 1 l centimeters
wide. 2} No single door in a doorway shall exceed one hundred twenty two ( t 2 2} centimeters in width. 3) The floor on both sides of a door shall be substantially level and shc:~ll have the same elevation on bot h sides of the door, for a distance on each side at least .equal to the width of the widest single door. When the door discharges to the outside or to an exterior balcony . exterior exit, or exterior exit, access, the floor level outside the door may be one step lower than the inside but not more than twenty and a half (20.5) centimeters lower.
F. Psnic Hardwal'fl 1) When a door is required to be eQuipped with panic hardware, the panic hardware shall cause the door latch to release when a force of not more than seven (7) kilos is applied to the releasing device in the direction of exit trevel. 2) Such releasing devices shall be bars or panels extending not less than two thirds {2/ 3) of the width of the door and placed at heights suitable for the service required, and shall not be less than seventy six (76} nor more than one hundred twelve ( 11 2) centimeters above the floor .
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3) Only approved panic 4)
hardw~re
shall be used.
Required panic hardware shall not be equipped with any locking or dogging device, set screw, or other arrangement which can be used to prevent the release of the latch when pressure is applied to other bar.
G. Maintenance No lock, padlock, hasp, bar. chain, or other device or combination thereof shall.be installed or maintained at any time on or in connection with any door on which panic hardware is required by this rule, if such device prevents, or is intended to prevent, the free use of the door for purposes of egress. H. Powsr Operated Doors 1) Where required doors are operated by pcwer, such as those photo-electric
activated mechanism which open upon the approach of a person or doors with power-assisted manual operation, the design shall be such that in event of power failure the door may be opened manually to permit exit travel or closed where necessary to safeguard means of egress. 2) No power-operated door shall be counted as a required exit unless it also swings with the exit travel by manual means. ·
1. ScrHn and Storm Doors No screen door or storm door in conection with any required exit shall swing against the direction of exit travel in any .case doors are required to swing with the exit travel. ~.
Revolving Doors: 1 J A revolving door shalt not be used in a means of egress for an exit from the floor of discharge directly to the outside except where specifically permitted. It shall not be used at the foot or top of stairs at the floor of dischargfl. Where permitted, the revolving door shalt be given a credit of only fifty (50} percent of the required units of exit width. 2) The number of revolving doors used as exit doors shall not exceed the number of swinging doors used as exit doors within six (6) meters. Exception: Revolving doors may serve as exits without adjacent swinging doors for street floor elevator lobbies, if no stairways or doors from, other parts of the building discharge through the lobby, and the lobby has no occupancy other than as means of travel between elevators and street. 3) Revolving doors shall be equipped with means to prevent their rotation at too rapid a rate to permit orderly egress.
K. Turnstiles
11 No turnstiles or similar device to restrict travel, to one direction, or to collect fares or admission charges, shall be so placed as to obstruct any required means of egress, except that approved turnstiles not over ninety one (91) centimeters, which turn freely in the direction of exit travel, may be used in any direction of exit travel, may be used in any occupancy where revolving doors are permitted. 2) Turnstile in or furnishing access to required exits shall be of such design as to provide fifty six (56) centimeters clear width as the turf.lstiles rotates.
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SEC. 3 .403.
Interior St•rs end Smoke proof Tower•
A. General All stairs serving as required means of egress shall be of permanent fixed construction. B. C!Hs•s of stMT8 - Stairs shall be of Class A or class B types. In class A the maximum height between landings is 2.75 m and the Class 8 is 3.70 M.
C. Treads end Risers 1 ) The height of every riser and the width of every tread shall be so proportioned that the sum of two (2) risers and a t read, exclusive of its nosing of projections is not less than sixty (60) centimeters nor more ~han sixty three and a half (63.5) centimeters. 2) The minimum number of risers in any one flight of stairs shall be three (3) D. Enclosurtl: All interior stairways shall be -enclosed in accordance with the provisions of Section 3.501 of this Rule:
E. Stair Det•Hs 1) E.aoh new stair and platform, landing, balcony and stair hallway floor used in building of four (4) stories or more and in all new buildings, required by this rule to be of fire-resistive construction , shall be non-combustible material throughout except that handrails are exempted from this requirement. Treads of stairs and landing floors shalt be solid. 21 Each stair, platform, landing, balcony , and stair hallway floor shall be designed to carry a load of four hundred eighty-eight (488} kilos per square meter, or a concentrated load of one hundred thirty six ( 136) kilos, so located as to produce maximum stress conditions. 3) Where material of stair treads and landings Is such as to involve danger of slipping , nonslip material shall be provided on tread surface. 4) Stairways and intermediate landings shall continue with no decrease in width along the direction of exit travel.
F. Gu•«h •nd H•ndl'llils 1l Means of egress such as stairs, stair landings, balconies, ramps and aisles, located along the edge of open-sided floors and mezzanines, . shall have guards to prevent fells over the open side. Each new stair landing, and Class B ramp shall have handrails on both sides. 2 ) Required guards and handrails shall continue for the full length of each flight of stairs. 3) The design of guards and handrails and the hardware for attaching handrails to guards balusters or masonry walls shall be such that there are no projecting lugs on attachment devices or non projecting corners or members of grills or panels which may engage loose clothing. Opening in guards shall be desig11ed to prevent loose clothing from becoming wedged In such openings . 4 ) Handrails Details: a) Handrails on stair shall be not less than seventy six l 76) centimeters nor
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more than eighty six and one-half 186.5) centimeters above the upper surface of the tread, measured vertically to the top of the rail from a point on the tread twenty five (25) millimeters back from the leading edge. bl Handrails shall provide a clearance of at least thirty eight between handrail and wall to which it is fastened.
138~
millimeters
c) Handrails shall be so designed as to permit continuous sliding of hands on them. d} Every stairway required to be more than two hundred twenty three (223) centimeters in width shall have intermediate handrails dividing the stair· way into portions not more than two hundred twenty three (223) centimeters in width. 5) Guard and Details a) The height of guards shall be measured vertically to the top of the guard from a point on the tread twenty five (25) millimeters back from the leading edge or from the floor of landings or balconies. b) No guards shall be required for inside stairs which reverse direction at in· termediate landings where the horizontal distance between successive flights is not more than thirty and a half (30.5) centimeters. c) Guards shall both be less tha·n one hundred six ( 106) centi~eters high. Guards protecting changes in level one story or less on interior balconies and mezzanines shall be not less than ninety one (91) centimeters. d) Guards shall be so constructed that the area in the plane of the guard from the top of the floor, riser, or curb to the minimum required height of guard shall be subdivided or filled in one of the following manners: • A sufficient number of intermediate longitudinal rails so that the clear distance between rails measured at right angles to the run of rail does not exceed twenty five and a half centimeters (25.5). The bottom rails shall not be more than twenty five and a half (25.5) centimeters from the top of the floor measured vertically. • Vertical balusters spaced not more than fifteen and one fourth ( 1 5. 2 5) centimeters apart. • Areas filled wholly or partially by panels of solid wire mesh or expanded metal construction or by ornamental grills which provide protection against falling through the guard equivalent to the provided by the intermediate rails or vertical balusters. • The lower part of the area may consist of a continuous substantial curb, the top of which is not less than seventy six ·(76) millimeters on stairs (measured at right angles to the curb from its top to the nosing of the tread) and not less than fifteen and one-fourth (16.26) centimeters for level areas.
G. SnwktJproof Tow•': l) A smokeproof tower shall be a stairway endurance. so designed that the
movement into the smokeproof tower of products of combustion, produced by a fire occuring in any part of the building, shall be limited. 2) A smokeproof tower, as herein specified, shall bQ a continuous fire-resistive encrosure protecting a stairway from fire or smoke. in the building served,
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with communication between the building and the tower by means of balconies directly open to the outer air . 3) Stairs, enclosure walls. vestibules. balconies and other components of smokeproof towers shall be of noncombustible materials, and all other requirements hereinbefore specified for inside stairs shall apply to stairs in smokeproof towers . · 4) Stairways shall be completely enclosed by walls having a two hour fire resistance rating and comprised of noncombustible material. There shall be no openings in walls separating the enclosure from the interior of the building . Fixed or automatic fire windows are permitted in an exterior wall not subject to severe fire exposure hazard from the same or nearby buildings. 6) Access to the smokeproof tower shall be provided from every story thrcugh vestibules open to the outside. Ot'l an exterior wall or from balconies overhanging an exterior wall, but not subject to severe fire exposure hazard. Every such vestibule or balcony shall have an obstructed length and width not less than the required width of exit doors serving the same and shall be directly open to a street or alley or yard or to an enclosed court open at the top not less than six (6) meters in width and ninety two (92) square meters in area. Balconies or vestibules shall have guards not less than hur:'dred six ( 1 06) centimeters high and shall conform with paragraph "F" (5) of this section. Watt openings exposing balcC\nies or vestibules shall be protected in.accordance with paragraph "B" of Section 3 .404. 7) Access from a building to vestibules or balconies shall be through doorways not less than one ( 1 l meter wide for new and ninety one l9') centimeters wide for existing towers. These openings and the entrance to the towers shall be provided w ith approved, self-closing fire doors swinging with the exit travel. Clear wired glass not exceeding one half (0.5) square meter shall be provided in all doors giving access to the enclosure. H. Monument•! Stslr• Monumental stairs, either inside or outside, amy be accepted as required exits if all requirements for exit stairs are complied with, including required enclosures and minimum width of treads, except that curved stairs may be accepted with a radius of seven and one-half (7 .5) meters or more at the inner edges.
SEC; 3 .404. Outa\de Stairs A . GentHBI 1 ) Any permanently installed stair outside of the building served is acceptable in a means of egress under the same condition.
a.
Enc/oSUftiS
1) Under all conditions where enclosure of inside stairways is required, outside stairs shall be separated from the interior of the buildings with wells having the same fire-resistance rating as that required for the wall enclosing inside stairs. Any qpening in such wall shall be protected by fire doors or fixed wired glass windows. Protection of opening maybe waived of the building is three (3) stories or less and ·it is provided with a remote second unit. 2) If the building is four· (4) stories or more, openings within the distances set below shall be protected .
174
a) Within four and a half (4.5) meters from any balcony, platform or stairway constituting a part of the exterior or outside stairs. b) Within three (3) stories or ten and two thirds (10.67) meters directly below any balcony, platform or stairway consisting a part of the outside stairs. cl Within two (2) stories or six and one-tenth (6.11 meter~ directly t;>elow a platform or walkway leading from any story to the exits. B. Egress from Area of Refuge:
1 I Every fire section for which credit is allowed in connection with a horizontal exit shall have in addition to the horizontal exit shall have in addition to the horizontal exit or exits at least one stairway, doorway leading outside, or other standard exit. Any fire section not having a stairway or doorway leading outside shall be considered as part of an adjoining section with stairway. 2) Every horizontal exit for which credit is given shall be so arranged that there are continuously available paths of travel leading from each side of the exit to stairways or other standard means of egress leading to outside the building. This reQuirement is complied with where the entire areas from each side of the horizontal exit to the stairways or other standard means of egress are occupied by the same tenant; or where there are public corridors or other continuously available passageways leading from each side of the exit to stairways or other standard means of.egress leading to outside the building. 3} Whenever either side of the horizontal exit is occupied, doors used in connec· tion with the horizontal exit shall swing in opposite directions and shall not be locked from either side. 4) The floor area on either side of a horizontal exit shall be sufficient to hold the occupant of both floor areas, allowing not less than three-tenths {0.3) square meter cfear ffoor area per person.
C. Bridges 11nd be/conies 1 ) Each bridge or balcony. utilized in conjunction with horizontal exits shall comply with the structural requirements for outside stairs and shall have guards and handrails in general conformity with the reQuirements of Section 3.403 for stairs and smokeproof towers.
to
2) Every bridge or balcony shall be at least as wide as the door leading it and not less than one hundred twelve ( 11 2) centimeters from new construction. 3) Every door leading to a bridge or balcony serving as a horizontal exit from a fire area, snail swing with the exit travel out of the fire area. 4) Where the bridge or balcony serves as a horizontal exit in one direction, only the door from the bridge or balcony into the area of refuge shall swing in. 5) Where the bridge or balcony serves as a horizontal exit in both directions, doors shall be provided in pairs swinging in opposite direction, only the door swinging with the exit travel to be counted in determination of exit width, unless the bridge or balcony has sufficient floor area to accomodate the occupant load of either connected building or fire area on the basis of three tenths (0.3) square meter per person or in existing buildings by specific permission of the direction general or his duly authorized representative, in
175
which case doors on both ends of the bridge or balcony may awing out from the building. 6) The bridge or balcony floor sh.a ll be tevel wfth the floor of the building.
be employed where there is a difference in level between con~ nected buildings or floor areas. Steps may be used where the difference In elevation ia greater ·than fifty three and one-thlrd (63.34) centimeters. Ramps and stairs shall be in accordance with the sections of this rule pertaining to ramps, stairs and outside stairs .
7) Ramps shall
8) All wall openings, in both of the connected buildings or fire areas eny part of which is within three (3) meters of any bridge or balcony as measured horilontally or below, shall be protected with fire doors or fixed metal-frame wired-glass windows.
D. 0ptlllin!J6 ThtOUgh WaM• loT Hotlzontlll Exh•:
11 Walls connected by a horizontal exit between buildings shall be of noncombustible material having a two (2) hour fire resistance rating . They shall provide a separation continuous to the ground. 2) Any opening in such wall1, whether or not such openings serves as an exit, shall be adequately· protected against the passage of fire as smoke therefrom.
· 31 Swinging fire doors a horizontal exits shall swing with the exit travel. Where a horizontal exit serves areas on both sides of a wall there shall be adjacent openings with swinging doors at each wall, opening in opposite directions, with signs on each side of the wall of partitions indicating as the exit the door which swings w lth the travel from that side, or other approved arrangements providing doors always swinging with any possible exit travel. 4) Sliding fire doors shall not be used on
a horizontal exit except where the doorway is protected by a fire door on each side of the wall in which such sliding fire doors are located. tn this case, on fire door shall be of the swinging type as provided in paragraph "C" (3) above and the other may be an automatic sliding fire door that shell be kept open whenever the building is · occupied. ·
E. Omls6/on Df Fife Peitltlon Dn Certain Floors: 1 } Where .a fire partition is used to provide a horizontal exit in any story of a building, such partition may be omitted In·any lower story under the fo\low~ ing condttions: a} The open fire area story from which the fire partition is omitted shall be separated from the stories above the construction having at least a 2-hour fire resistance rating.
b} Required exits from the stories above the open fire area story shall be separated therefrom by construction having a 2-hour fire resistance rating and shall discharge outaide without travel through the open fire aree story. c) Vertical openings between the open fire area story and the stories above shall be enclosed with conatructi~n having a 2~hour fire resistance rating. Other details shall be in accordance with the applicable provisions of Section 3.601.
176
2) Where a fire partition is used to provide' a horizontal exit for any story below the discharge under the following conditions: a) · The open fire area story shall be separated from the stories below by co~ struction having at least a 2·hour fire resistance rating. b) Req!,Jired exits from stories below the open fire area story shall be separated from the open fire area story by conssruction having a 2 -hour fire resistance rating and shall di!$charge directly outside without travel through the open f ire area story. c) Vertical openings between the open fire story and the floors below shall
be enclosed with the construction having 2-hour fire resistance rating. Other details shall be in accordance with the applicable provision of Sec: tion 3.501. SEC. 3 .406.
Ramps
A. Inside Ramps:
1) Application: A ramps shall be permitted as component In a means of egress when it conforms to the general requirements of Section 3.401 and to the special requirements of this Section. 2) Classification: a) A ramp shall be designated as Class A or Class Bin accordance with the following table: Class A
Class B
Width .......................... .
1 1 2 em and greater
76 to 112 em
Slope .......................... ..
8 to 10%
Maximum height between ·Landings ............... ..
No limit
10 to 17%
3.66 m
Capacity in person per unit as modified by Divisions 7 through 5 Down .......................... .
60
Up ... ............................ .
45
45 45
3). Protective Enclosure: a) When a ramp inside a building is used as an exit or exit component, it shall be protected by separation from other parts of the building as specified in. Section 3.401 "C". b) Fixed wired glass panels in steel sash may be installed in such a separa· tion in a building fully provided with automatic fire suppression system. c) There shall be no enclosed usable space under ramps in an exit enclosure nor shall the open space· under such ramps be used for any purpose . 4) Other Details:
f!) A ramp and the platforms and landings associated therewith shall be
designed for not less than · four hundred eighty-eight (488) kilos per square meter Jive load ar:td shall have a nonslip surface. b) The slope of a ramp shall not vary between landings. Landings shall be level and changes direction of travel ff any shall be made only at landings.
in
177
c} A ramp used as an exit or exit component in a building more than three (3) stories, or in a building of any height of noncombustible or fire resistive construction, shall be of noncombustible material. The ramp floor and landings shall be solid and without perforations . d) Guards and handrails complying with Section 3.403 "F" shall be provided In comparable situations·for ramps except that handrails are notrequired on Class A ramps.
B. Outaide Rampa: · 1) General
a) Any ramp permanently installed on the outs~de of the building may be accepted as component in a means of egress under the same conditions as an inside ramp: provided, That it complies with all requirements for inside ramps except as modified by the following provisions of this subsection
''E"·. as to avoid any handicap to their use by persons having a fear of high places. For ramps more than three (3) stories, any arrangement intended to meet this requirement shall be at least one hundred twenty ( 120) centimeters.
b) Outside ramps shall be so arranged
2) Enclosures:
a) Under all conditions where enclosures of inside ramps is required outside ramps serving as exits shall be separated hom the interior of the building by a wall construction that has a fire resistance rating equal to that required for such enclosure. In buildings three (3) stories or less, such protection need not be required where th~re is provided a remote second exit. If the building is four (4) stories or more in height, the openings in the wall be protected in the same manner as provided for outside the stair.
be approximately level with the floor of the building, or no more than twenty and three-tenths (20.3) centimeters below of the inside floor .
b) Balconies, to which access doors, shall
3) Ramp Details
a) Except where embedded in masonry or concrete or where a suitable fireresistive and waterproof covering is provided, no structural metal member shall be employed the entire surface of which is nat capable of being insp~cted and painted. b} All supporting members for balconies and ramps, which are in tension and fastened directly to the building, shall pass through the wall and be securely fastened on the opposite side of shall be securely fastened to the framework of the building. Metal members shall be protected effectively against corrosion, where they pass through walls. Holes in the walls through which metal members pass shall be effectively fire-stopped to pra$erve the fire resistive quality of the wall. c) Balcony and ramp enclosures and railings shall be designed to resist a hor.i zdntal force of seventy five (75) kilos per lineal meter of r.ailing or enclosure applied at the top of the railing or to the enclosure one hundred seven (1 07) centimeters above the floor .
178
SEC. 3.407. ·Exit Passageway
A. Application Any hallway, corridor, passage or tunnel, may be designated as an exit passageway and used as an exit or exit component when conforming to all other requirements of Section 3.401 as modified by the provisions of this Section.
· B. Protective Enclosure and ~rrangement: 1 ) An exit passageway shall be protected by separation from other parts of the building as specified in paragraph '"C" on Section 3:401.
a separation in a building fully provided with automatic fire suppression system.
2} Fixed wired glass panels is steel sash may be installed in such
C. Width: The width of an exit passageway shall be adequate to accomodate the aggregate capacity of all exits discharging through it.
0. Floor: The floor shall be solid and without perforations. SEC. 3.408.
Escalators and Moving Walks
A. Application:
1l An escalator or moving walk. may be accepted as a component in a means of egress when it conforms to the general requirements of Section 3.401 and to the special requirements of this Section. 2) A sign indicating the direction of the nearest approved exit shall be placed at the point of entrance to anv.. escalator or moving walk that is not a means of egress. 3)
An escalator shall be of horizontal tread type and shall be of non-combustible construction thrOughout, except for the step tread surfaces, handrails and step wheels.
4) A single escalator eighty one (81) centimeters wide shall be credited as one ( 1) unit of exit width. An escalator one hundred twenty one I 1 21) centimeters wide, shall be given credit for two (two) units of exit width. 5) There shall be an unobstructed space of at least ten (1 0) centimeters outside the handrails and above the handrail for the full length of the escalator. 6} No single escalator shall have an uninterrupted vertical travel of more than one story. 7) As escalator shall be designed and operated according to generally accepted standards of safe engineering practice.
C. Moving W11lks 1) An inclined moving walk shall comply with the applicable requirements of Section 3.406 for ramps. and a level moving walk shall comply with the applicable requirements of Section 3.407 for exit passageways, except as modified by this section. 2) No moving walk capable of being operated in the direction against the normal exit travel shall be used in a means of egress.
179
3) A moving walk shall be designed and operated according to generally ac· cepted standards of safe engineering practice.
SEC. 3.409. Ffre Escape, Stairs, Ladders. and Slide &capes. A. Rte Escape Stlllrs '1) General
Fire escape stairs (not those under Section 3.403 and 3.404) may be used in required meBns of egress only in existing buildings, subject to the applicable provisions of Divisions 7 through 1 5. Fire escape stairs shall not constitute more than fifty (50%) percent of the required exit capacity in any case. Fire escape stairs shall not be accepted as constituting any part of the required means of egress for new buildings.
B. Fire Escape Shall provide a continuous unobstructed safe path of travel to th.e ground or other safe or refuge to which they lead. Where the fire escape is not continuous, as in cases where stairs lead to an adjoining roof. which must be crossep before continuing downward travel, the direction of travel shall be clearly indicated, and suitable walkways with handrails shall be provided where necessary. Where a single means· of egress consists of a combination of inside stairs and fire escape stairs, each shall comply with the applicable provisions of this Rule, and the two shall be so arranged and connected as to provide a con· tinuous safe path of travel. 2) Types
The following types of fire escape stairs are recognized by this Rule: Return platform types with superimposed runs .or straight run type, with platforms continuing in the same direction. Either or these may be parallel to or at right angle to the building. They may be attached to buildings or erected independently of them and connected bridges. 3) Stair Details:
·Fire escape stairs. depending upon the requirements of Division 7 through 1 5 of this Rule, shall be in accordance with the following table and subse· quent paragraphs. Existing Stairs Existing for Very Small Sta\rs Buildings
180
Minimum Widths ..................... .. ...... .. ..........
55.9 em clear
45 .7 em clear
Minimum horizontal dimension any landing of platform ...........................................
55.9 em
45.7 em
Maximum rise ... ............ .... ;.. .... ....... .. ....... .. .
22.9 em
30.5
Minimum tread, exclusive of nosing ...... .... .. .. :.
22.9 em
15 .25 em
Minimum nosing or projection ...... .. ................
2.5 em
No requirements
Tread Construction ... ...... .. . .. .. .. . . . . ... . . . . . . . .. .. ..
Solid, 13 mm diameter perforation permitted
Flat metal bars on edge, or square against turning spaced 38. 1 mm maximum on centers.
Winbars (spiral)
None
Permitted subject to capacity penalty
••• I I I •
Itt • • Ill • • • • I
Itt
••••tt • • • l
• •
f I • ... t t
ern
Risers . . . . .. .. . .. . . . . . . . . . .. . . . . . . . . . . .. . . . . . . .. . . . . . . . . .. . . . .
None
No requirement
Maximum height between landings ................
3.66 m
No require!llent
Headroom, minimum ...................................
2 .13 m
1.98 m
Access to Escape .. . . .. . .. . . .. .. .. .. . •. .. . . . . . . . . . . . . .. .. .
Door or casement windows 61cmby1 .98 m or double hung windows ?6.2 em by 9, .44 em clear opening
Level of access opening . ... .. ... ............. .......... Not over 30.5
Same
em above floor; steps if higher Discharge to ground .. .. .. . . ... . . .. ... .. . . . .. . . . .. .. .. . .
Swinging stair section permitted
Swinging stair or ladder if approved
Capacity number of person$ .. .. ..... ........ .. .. .. ...
45 per unit, access by door; 20 if access by climbing over window rail
38 if winders or ladder from bottom balcony 5; if both.
4 ) Arrangement and Protection of Openings: a)
Fire escape stairs shall be so arranged that they will be exposed by the smallest possible number of window and door openings. There shall be no transom over doors. e·very opening, any portion of which is in the limit ~pacified below , shall be compietely protee
5) Access:
a) Access to fire escape stairs shall be provided in accordance with the table in paragraph (3) (a) of Section 3.409 and the general provisions of paragraph "G" Section 3.401. b). Where access is by way of double windows, such windows shall be so counterbalanced and maintained that they can be readily opened wlth a minimum of physical effort. Insert screens, if any, on any type of opening giving access to fire a escape stair shall be of types that may be readily opened or pushed out. No storm sash shall be used on .any window providing to fire escape stairs. c) Fire escape stairs shall extend to_the roof in all cases where the roof is subject to occupancy or is constructed and stranged to provide an area of refuge from fire. In all cases where stairs do not extend to the roof, access thereto shaJI be provided by a ladder in accordance with pertinent provision of Section 3 .409 on Fire Escape ladder, except that such lad· ders are not required in the case of roofs with pitch or slope steeper than. sixteen and two thirds ( 1 6 . 6 7%) percent. d) Balconies, to which access is secured through windows with sills above the inside floor 1eve1, shall be not more than forty six (46) centimeters below the sill. In no case shall be balcony level be above·the sill.
181
6) Materials and Strength: a) Iron, steel or concret~ or other approved noncombustible material shall be used for the construction of fire escape, balconies, railings, and other features appurtenant thereto. b) Balconies end stairs shall be designed to carry a load of four hundred
thirty six (4361 kilos so located as to produce maximum stress tions.
condi~
c) Except where embedded in masonry or concrete or where a suitable fire resistive and waterproof covering is provided no structural metal mem_ber shall be employed the entire surface of which is not capable of being inspected and painted. d) All supporting members for balconies and stairs, which are in tension and are fastened directly to the building. Where metal members pass through walls, they shall be protected effectively fire stopped to preserve the fire resistive quality of the wall . e) Balcony and ~tair enclosure and railings shall be designed to withstand a horizontal force of seventy five (7 5~ kilos per meter of railing or enclosure without. serious deflection, and support at walls for such railings or enclosures shall be in the manner specified in (6) (b) for tension members, except as provided In (61 (f). 7)
Guards and Handrails: a) All tire escapes shall have walls or guards on both sides, in accordance with "E" 11) and "F" (51 of Section 3.403, except for height, which shall be one hundred seven (107) centimeters and ninety one (91) centimeters for fire escape for every small buildings, the height being measured ver· tically from a point on the stair tread twenty five (25} millimeters beck from the leading edge, or vertically above any landings or balcony floor level. b) All fire escape shall have handrails on both sides, no~ less than sev~nty six (76) centimeters not more than one hundred seven .<107) centimeters high, measured vertically from a point on the. stair tread twenty five (25) · millimeters back from the leading edge, aU in general conformity to the requirements for stair handrails. "F" (1) through "F" (4) of Section 3.403. c) Handrails and guards-shall be so oonstructed as to withstand a force of ninety one (91) kilos applied downward or horizontally at any point.
8) Swinging Section of Fire Escape Stairs: a} Swinging stair sections shall not be used for fire escape stairs except where termination over sidewalks, alleys or driveways makes it impracticable to build stairs permanently to the ground. Where used, swinging stairs shall comply with all provisions of this subsection. b) Swinging section of stairs shall not be located over doors, over the path of travel from any other exit, or in any location where there are or are like· ly to be obstructions. c) Width of swinging section of stairs shall be at least equal to that of ·the stairs above, d) Pitch/slope shall not be steeper than that of the stairs above-. el Railings shall be provided similar in height and construction to those re-
182
quired for the stairs above. Railings shall be designed to prevent any possibility of injury to persons at head or stairs or on balconies when stairs swing downward. Minimum clearance between moving section where hands might be caught shall be ten ( 1 0) centimeters. f) If distance from lowest platform to ground exceed three and two thirds (3.671 meters, an intermediate balcony not.more than th~ee an two-thirds
(3.67) meters from the ground or less than two 12) meters in the clear underneath shall be provided with not less than that of the stairs and length not less than one and two tenths (1.2) meters. g) Counterweight shan be provided ior swinging stairs and this shall be of type balancing about a pivot, no cables being used. Counterweight shall be securely bolted in place, but sliding ball weight or their equivalent may be used to hold stairs up and help lower them. Counterbalancing shall be such that a person weighing sixty eight (68) kilos, who makes one step from the pivot, will not start swinging the section downward, but when he is one quarter of the length of the swinging stairs from the pivot, the section will swing down. h) Pivot for swinging stairs shall have a bronze bushing or have sufficient clearance to prevent sticking on account of corrosion. i) No latch to lock swinging stair section in up positi~n shall be installed.
B. Fire Escspe Ladders 1 ) USE - No form of ladder shall be 'LJsed as a fire escape under the provisions of this Rule, except that ladders conforming to the following specifications may be used to provide a means of escape from boiler rooms, grain elevators and towers as permitted by Divisions 14 and 1 5, elevated platforms around machinery or similar spaces subject to occupancy by not more than three able-bodied adults. 2) Installation a) AU leaders. shall be permanently installed in fixed position, supported by rigid connection to the building or structure at intervals not exceeding three (3) meters. b) Where ladders provide access to roofs or elevated platforms, rails shall extend not less than one hundred fourteen (114) centimeters above roof line or platform floor or above coping or parapet. Extension of side rails to roof shall be carried over coping· or parapet to afford hand hold. c) Ladders shall be arranged parallel to buildings or structures with travel either between ladder and building, in which case minimum clearance center of rungs and building shall be sixty eight (68) centimeters, or out-· side of ladder, in which case minimum clearance between center of rungs and building shall be sixteen (16} centimeters. d) ladders shall be vertical or positively inclined (i.e., ladder sloping out over the head of a person using it) shall be permitted. 3. Construction: a) ladders shall be constructed of iron, of steel or of other metal in design having equivalent strength and resistance to corrosion. b) Rails of iron or steel ladders shall be not less than one and one-fourth
183
( 1.25} centimeters by five (5) centimeters in section , not less than forty (401 centimeters apart. cl Rungs shall be not less than twenty two {22) centimeters nor more than thirty and one~half (30. 5) centimeters on center. d) The lowest rung of any ladder sh·an be not more than thirty and one~half (30. 5) centimeters above the level of the ground or balcony floor beneath it.
C. Slide Escape: 1 l Use and Capacity Rating a)
A slide escape may be used at component in means of egress where specifically authorized by Divisions 7 through 15.
b) Slide escapes, where permitted as required exits, shall be rated at one
unit per s\ide, with rated trave1 capacity of 60 persons per f11inute. c) Slide escapes, except as permitted for high hazard manufacturing buildings or structures, shall not constitute more than twenty five (25%1 percent of the required number of units of exit width from any building or structure or any individual story or floor thereof. d) Slide escape, used as exits shall comply with the applicable requirements
of this Division for other types of ex its subject to the discretion of th$ Director General of is authorized representative. 2 ) Types -
SEC. 3 .410.
Each slide escape shall be of an approved type.
Illumination of Meant of Egrets
A. General 1 ) Illumination of means of egress shall be continuous during the time that the condition of occupancy require that the means of egress be available for use. Artificial lighting shall be employed at such places and for such periods of time ·as required to maintain the illumination to the minimum lumen values herein specified.
2} Illumination of means of egress shall be provided for every building and structure, as required by Division 7 through 15. 3) The floors of means of egress shall be illuminated at all points including angles end intersection of corridors and passageways, landings of stairs, and exit doors to values of not less than one thousandth (0.001 I lumens per square centimeter. 4) Any required illumination shall be so arranged that the failure of any lighting unit, such as the burning outof an electric bulb, will not leave area in darkness.
B. Sources of Illumination: 1 ) Illumination of means of egress shall be from a source of reasonably assured realiability, such as public utility electric service. 2) Where electricity is used as a source of illumination of means of egress, the installation shall be properly made in accordance with the appropriate made in accordance wit~ the appropriate and internationally accepted standards.
184
3) No battery operated electric light nor an.y type of portable lamp or lantern shall be used for primary illumination of means of egress, but may be used as !'In emergency source to the extent permitted under Emergency lighting paragraph "C" of the Section. 4) No luminescent, fluorescent, or reflective material shall be permitted as substitutes tor any of the required illumination herein specified.
C. Emergency Lighting: 1) In occupancies specified in Division 7 through 15, emergency lighting facilities shall be provided for means of egress. Where maintenance of illumination depends upon charging from one energy source to another, there shalf be no appreciable interruption of illumination during the changeover. Where emergency lighting is provided by a prime mover-operated electric generator, delay of not more than ten ( 1 0) seconds shall be permitted. 2) Emergency lighting facilities shall be arranged to maintain the specified degree of illumination in the event of failure of the normal lighting for a period of at least one half ( 1/ 2) hour in building more than thirty six and a half (36. 5) meters in height. 31 An emergency lighting system shall be provided as specified in Division 7 through 15. subject to the ground of Director General or his duly authorized representative as to the suitability of the equipment for its intended use and the conditions in the individual premises. 4) Electric battery-operated emergency lights shall use only reliable types of storage batteries, provided with suitable facilities for maintenance in properly charged condition. Dry batteries shall not be used to satisfy these requirements. Electric storage batteries used in such lights or units shall be approved tor their intended used and shall comply with the internationally accepted standards. 5) An emergency lighting system shall be so arranged as to provide the required illumination automatically in the event of any interruption of normal lighting, such as any failure of public utility or other outside electrical power supply, opening of a circuit breaker or fuse, or any manual act, including accidental opening of a switch controlling normal lighting facilities. 6} An emergency lighting system shall either be continuously in operation or shall be capable of repeated automatic operation without intervention.
SEC. 3.411.
Exit Marking
A. Signs: 1} Where required by the provisi ons of Division 1 5, exits shall be marked by a readily visible sign. Access to exits shall be marked by readily visible sign in all cases where the exit or way to reach it s not immediately visible to the occt~pants and in any case where required by the applicable provisions of Divisions 7 through 1 5 for individual occupancies. 2) Any door, passage, or stairway which is neither an exit nor a way of exit access and which is so located or arranged as likely to be mistaken for an exit, shall be identified by a sign reading "NOT AN EXIT" and shall be identified by a sign indicating its actual character, such as "TO BASEMENT", "STOREROOM ", "LINEN CLOSET" or the like.
185
3) Every required sign designating an exit or way of exit access shall be so located and such size, color, and design as to readily visible. No decorations, furnishing, or equipment which impair visibility of.an exit sign shall be permit· ted nor shall be permitted, nor shall there be any brightly illuminated sign (for other than exit purposes), display, or object in or near the line of vision to the required exit sign of such a character as to so detract attention from the exit sign. 4) A sign reading "EXIT", with an arrow indicating the direction, shaU be placed in every location where the direction of travel to reach the rtearest exit is not imm~diately apparent. 5) Every sign shall be distinctive in color and shall provide c~:mtrast with decorations, interior fin\sh, or other signs. B. lllumln11tlon of Signa: 1) Every sign shall be suitably illuminated by a reliable light source giving a value of not less · than five thousandth (0.005} lumens per square centimeters on the illuminated surface. Such illumination shall be cont1nuous as required under the provisions of Section 3.510. Ulluminat\on of Means of Egress} and where emergency lighting facilities are required, exit signs shan t>e illuminated from the same source. 2) Internally illuminated signs shall be provided in all occupancies where reduc· tion of riormal Illumination is permitted such as to motion picture theaters.
C. Size of Signs: Every exit shall have the word "EXIT" in plainly legible letters not leas than fifteen (15) centimeters high with the J)i-incipal strokes of letters not less than nineteen ( 1 9) millimeters wide, except that in existing buildings externally illuminated exit signs therein having the word "EXIT" in plainly visible letters not less than eleven and one-half (t 1.5) t:entimeters high, other than in places of assembly, may be continued in use. DIVlSIONS 6 - FEATURES OF FIRE PROTECTION
SEC. 3.601
Protection of Vertical Opening and Combustible Concealed Space•
A. GeMI'tll: 1) Every stairway. elevator shaft, light and ventilation shaft, chute and other opening between stories shan be enclosed or protected to prevent the spread of fire or smoke, except openings of building protected by automatic fire suppression system as permitted by other Section of this Rule. 2) In any building with low or ordinary hazard occupancy protected with automatic fire suppression system, up to three (3) communicating floor levels are permitted without enclosure protection between floors, provided all the following conditions are met. a) The arrangement is permitted by the applicable occupancy section of this Rule and by the Director General or his.duly authorized representative; b) The lowest or next to the lowest level is a street floor; c} The {Intire area including all communicating floor levels Ia sufficiently open and unobstructed so that It mav be assure~ that tire or other dangerous .condition in any. part will be lmmediately obvious to the occupants of all communicating levels and areas;
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dl Exit capacity is sufficient to provide simultaneously for all occupants of all communicating levels and areas, all communicating levels in the same fire area being considered as a single floor area for purposes of d etermina· t ion of required exit capacity. el Each floor level , considered separately, has at least one-half of its in· dividual required exit capacity provided by an exit or exits leading directly out of that area withou traversing another com municating f loor level or being exposed to the spread of f ire or smoke therefrom; and
fJ A ll requirements of t his Rule with respect to interior f inish, protection of hazards. construction and other features are fully observed, without waivers. expect openings in floors of educational and educat ional and in· stitutional occupancies shall be enclosed as required in Divisions 8 and 9 , respectively. 3) Each floor opening, as specified in paragraph "A" ( 1) of this Section shall be enclosed by substantial walls having fire resistance not less than tl;lat re· qui red for stairways, paragraph "A" (4) hereof, with approved fire doors or windows provided in openings therein, all so designed and installed as to provide a complete barrier to the spread of fire or smoke through such openings. 41 The en.closing walls of floor openings serving stairways. or ramps shall be so arranged as to provide a continuous path of escape including landings and passageways. in accordance with Section 3.403, providing protection for persons using the stairways or ramp against fire or smoke therefrom in other parts of the building. Such walls shall have fire resistance as follows: a) New buildings four stories or more in height two hours five resistance . bl Other new buildings - One ( 1) hour c) Existing buildings - 112 hour, except where greater resistance is required by t he Direc tor General or his duly authorized representa t ive in considerati on of the hazard present .
TURNSTILE used to co11tro1 traffic.
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Republic Act 386 Civil Code of the Philippines (Contracts and Obligations) OBLIGATIONS ART: 1166 - An OBLIGATION is a juridical necessity to do or not to do. ART. 1157 - Obligations arise from: 1 . Law 2. Contracts 3. Quasi-Contracts 4 . Acts or Omissions punished by law 5 . Ouasi·delicts
DIFFERENT KlNDS OF OBLIGATIONS: SECTION 1.
PURE AND CONDITIONAL OBLIGATIONS
ART. 1181 - In conditional obligations, the acquisition of rights, as well as tht! extinguishment or loss of those already acquired, shall depend upon the happening of the event which constitutes the condition. ART. 1182 - When the fulfillment of the condition depehds upon the sole will of the debtor, the conditional obligation shall be void. If it depends upon chance or upon the will of a third person, the obligation shall take effect in conformity with the provision of this C-ode. ART. 1183.- Impossible Conditions; those contrary to good customs or p'u blic policy and those prohibited' by law shall annul the obligation which depends upon them . If the obligation is divisible, the part thereof which is not affected by the impossible or unlawful condition shall be valid.
The condition not to do an impossible thing shall be considered as not having been agreed upon.
SEC. 2 - OBUGATlON WITH A PERiOD ART. 1193 - Obligations for whose fulfillment a day certain has been fixed, shall be demandable only when that day comes. Obligations with a resolutory period take ef~ feet at once, b.ut terminate upon arrival of the day certain. ·
A day certain is understood to be that which must necessarily comes, although it may not be known. When if the uncertainty consists in whether the day will come or not,
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the obligation is conditional, and it shall be regulated by the rules of the preceding Sec. 1125a. ART. 1198 - The Debtor shall lose every right to make Use of the Period. 1 l When after the obligation has been contracted, he becomes insolvent, unless he gives a guaranty ·or security for the debt. 2} When he does not furnish to the credilor the guarantees or securities which he has promised. ·3) When by his own acts he has impaired said guarantees or securities after their establishment, and when through a fortuitous event ...... they disappear, _unless he immediately gives new ones equally satisfactory; 4) When the debtor violates any understanding, in consideration of which the
creditor agreed to the period; 5) When the debtor attempts to go abroad.
SEC. 6
OBLIGATIONS WITH A PENAL CLAUSE
ART. 1226. ln. obligations with a penal clause, the penalty shall substitute the indemnity for damages and the payment of interests in case of noncompliance, if there is no stipulation to the contrary. Nevertheless, damages shall be paid if the obligor refuses to pay the penalty or is guilty of fraud in the fulfillment of the Obligation. The penalty may be enforced only when it is demandaple in accordance with the provisions of t his Code. A~T .
1227. The debtor cannot exempt himself from the performance of the obligation by paying the penalty, save in the case where this right has been expressly reserved for him. Neither can the creditor demand the fulfillment of the obUgation and the satisfaction .of the penalty at the same t ime, unless this right has· been clearly granted him. However, if after the creditor has decided to reQ.u ire the1ulfillmentof the obliga· tion, the performance thereof should become impossible without his fault, the penalty may be enforced.
ART. 1228. Proof of actttai damages suffered by the creditor is not necessary in order that the penalty may be demanded. · ART. 1229. The judge shall equitably reduce the-penalty when the principal obligation has been partly or irregularly complied with by the debtor. Even if there has been no performanc_ e , the penalty may also be reduced by the courts .if it"is iniquitous or unconscionable. ART. 1230. The nullity of the principal obligation does not carry with it that of the penal clause.
EXTINGUISHMENT OF OBLIGATIONS GENERAL PROVISIONS ART. 1231 .
Obligations are extinguished :
11 By payment or performance; 21 · By the loss of the ~hing due; 3) By the condonation or remission of the debt; 4) By the confusion or merger of the rights of creditor and debtor; 51 · By compensation; 61 By n()vation.
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Other causes of extinguishment of obligations, such as annulment, rescission, fulfillment of a resolutory condition, and prescription, are governed elsewhere in this Code.
SECTION 1. PAYMENT OF PERFORMANCE ART. 1232. Payment means not only the delivery of money but also the performance, in any other manner, of an obligation. ART. 1233. A debt shall not be understood to have been paid unless the thing or service in which the obligation consists has been completely delivered or rendered, as the case may be. ART. 1234. tf the obligation has been substantially performed in good faith, the obligor may recover as though there had been a strict and complete fu\fiUment, \ess damages suffered by the obligee. ART. 1235. When the obligee accepts the performance, knowing its incompleteness or irregularity, and without expressing any protest or objection, the obligation is deemed fully complied with. ART. 1236. The creditor is not bound to accept payment or peformance by a third person who has no interest in the fulfillment of the obligation, unless there is a stipulation to the contrary. Whoever pays for another may demand from the debtor what he has paid, except that if he paid without the knowledge or against the will of the debtor, he can recover only insofar as the payment has been beneficial to the debtor. ART. 1237. Whoever pays on behalf of the debtor without the knowledge or against the will of the latter, cannot compel the creditor to subrogate him in his rights, su~h as those arising· from a mortgage: guarranty, or penalty . ART. 1238. Payment made by a third person who does not intend to be reimbursed by the debtor is deemed to be a donation, which required the debtor's consent. But the payment is in any case valid as to the creditor who has accepted it. ART. 1239. In obligations to give payment made by one who does not have the free disposal of the thing due and capacity to alienate it shall not be valid, without pre· judice to the provisions of article 1427 under the Title on "Natural Obligations." ART. 1240. Payment shall be made to the person in whose favor the obligation has been constituted, or his successor in interest, or any person authorized to received it. ART. 1241. Payment·to a person who is incapacitated to administer his property shall valid if he has kept the thing delivered, or -insofar as the payment has been beneficial to him. Payment made to a third person shall also be valid insofar as it has redounded to the benefit to the creditor ne~d not be proved in the following case$: 1 ) If after the payment, the third person acquires the creditor's right; 2) If the creditor ratifies the payment to the third person; 3) If the creditor's conduct, the debtor has been led to believe. that the third person h&d authority to receive the payment. ART. 1242. Payment made in good faith to any person in possession of the credit shall release the debtor. ART. 1243. Payment made to the creditor by .the debtor after the latter has been judicially ordered to retain the debt shall riot be valid.
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ART. 1 ?..44. The debtor of a thing cannot compel the creditor to receive a different one, although the latter may be of the same value as, or more valuable than that which is due. In obligations to do or not to do, an act or forbearance cannot be substituted by another act or forbearance against the obligee's will. ART. 1245. Dation in payment, whereby property is alienated to the creditor in satisiac. tion of a debt in money, shall be governed by the law of sales. ART. 1246. When the obligation consists in the delivery of an indeterminate or generic, whose quality and circumstances have not stated, the creditor cannot demand a thing of superior quality. Neither can the debtor deliver a thing of inferior quality. The pur· pose of the obligation and other circumstances shall be taken into consideration. ART. 1247. Unless it is otherwise. stipulated, the extra-judicial expenses required by the payment shall be for the account of the debtor. With regard to judicial costs, the Rules of Court shall govern. ART. 1248. Unless there is an express stipulation to that effect, the creditor cannot be compelled partially to receive the presentations in which the obligation consists. Neither may the debtor be required to make partial payments. However, when the debt is in part' liquidated and in part unliquidated, the creditor may demand and the debtor may effect the payment of the former without waiting for the liquidation of the latter. ART. 1249. The payment of the debts in money shall be made in the currency stipulated, and if it is not possible to deliver such currency. then in the currency which is leg~l tender in the Philippines. The delivery of promissory notes payable to order. or bills of exchange or other mercantile documents shalt produce the effect of payment only when they have been cashed, or when through the fault of the creditor they have been impaired. In the meantime, the action derived from the original obligation shall be held in abeyance. ART. 1250. In case an extraordinary inflation or deflation of the currency stipulated should supervene, the value of the currency at the time of the establishment of the obligation shall be the basis of payment, unless there is an agreement to the contrary. ART. 1251.
Payment shall be made in the place designated in the obligation.
,There being no express stipulation and if the undertaking is to deliver a determinate thing, the payment shall be made wherever the thing might be at the moment the obligation was constituted. In any other case the place of payment shall be the domicile of the debtor. If the debtor changes his domicile in bad faith or after he has incurred in delay, the ad·· ditional expenses shall be borne by him. These provisions are without prejudice to venue under the Rules of Court. SUBSECTION 1.
APPLICATfON OF PAYMENTS
ART. 1252. He who has various debts of the same kind in favor of one and the same creditor, may declare at the time of making the payment, to which of them the same must be applied. Unless the parties to stipiJiate, or when the applic~tion of payment is made by the party for whose benefit the term has been constituted, application shall not be made as to debts which are not yet due.
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If the debtor accepts from the creditor.a re~pt in.which an application of the payment is made, the former cannot complain ofe the same, unles.s there is .a cause for In· validating the contract. ART. 1263.•If the debt produces· interest, payment of the principal shall not be deemed to have·been made until the i nterests have been covered. ART. 1264. When the payment cannot be applied in ~ccordance with the preceding rules, or if application cannot be inferred from other circumstances, the debt which is most onerous to the debtor, among those due, shall be deemed to have been satisfied. If the debts due are of the seme nature and burden, the payment shall be applied to all of them proportionately.
CONTRACTS GENERAL PROVISIONS ART. 1305. A contract is a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service .
ART. 1306. The contracting parties may establish such stipulations, clauses, terms and con· ditions as they may deem convenient, provided they are not contrary to law, morals, good customs public order, or public policy.
ART. 1307. Innominate contracts shall be regutated by the stipulations of the parties, by the provisions of Titles 1 and 11 of this Book, by the rules governing the most analogous nominate contracts, and by the customs of the place. ART. 1308. The contract must bind both contracting parties; its valklity or compliance can· not be left to the will of one of them. ART. 1309. The determination of the performance may be left to a third person, whose deci· sion shall not be bindlng until it has been made known to both contracting parties. ART. 131 0. The determination shall not be obligatory if it is evidently inequita~le . In such case, the courts shall decide what is equitable under the circumstances. · ART. 1311. Contracts take effect only between the parties, their assigns and heirs. except in .case where the rights and obligations arising from the contract are not transmissible by their nature, or by stipulation or by provision of law . The heir is not liatlle beyond the value of the property he received from the decendant. If a c ontract should contain some stipulation in favor of a third person, he may demand its fulfillment provided he communicated his · acceptance to the obligor before its revocetion. A mere incidental benefit or Interest of a person is not suffiCient. The con· tracting parties must have clearly and deliberately conferred a favor upon a third person. AR1'. 1312. .\n contracts creating rea\ rights, third persons who come into possession of the object of the contract are bound thereby, subject to the provisions of the Mortgage Law and the Land Registration laws.
ART. 1313. Creditors are protected in cases of contracts intended to defraud them . ART. 1314. Any third person who induces another to violate his contract shall be liable for damages to the other contracting party . ART. 1315. Contracts are perfected by mere consent, and from that moment the parties are bound not ~nly to the fulfillment of what has been expressly st ipulated but also to all the consequences which, according to their nature, may be in ke6ping with good faith, usage and taw.
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ART. 1316. Real contracts, such as deposit, pledge and commodatum, are not perfected until the delivery of the object of the obligation. ART. 1 317. No one may contract in the name of another without being authorized by the latter, or unless he has by law a right to represent him.
A contract entered into in the name of another by·one who has no authority or legal representation, or who has acted beyond his powers, shall be unforceable, unless it is · ratified, expressly or impliedly, by the person or whose behalf it has been executed, before it is revoked by the other contracting party.
ESSENTIAL REQUISITES OF CONTRACTS GENERAL PROVISIONS ART. 131 8.
There is no co.ntract unless the following requisite$ concur:
1 ~ Consent of the contracting parties; 2) Object certain which is the subject matter of the contract; 3) Cause of the obligation which is established. SECTION 1 - CONTRACT ART. 1319. Consent is manifested by the meeting of the offer and the acceptance upon the t hing and the cause w hich are to constitute the contract. The offer must be certain and the acceptance absolute. A qualified ac.ceptance constitutes a counter-.offer.
Acceptance made by letter or telegram does not bind the ofierer except from the time it came to his knowledge. The contract, in such a case, is presumed to have been entered into in the place where the offer was made. ART. 1320.
An acceptance may be express or. Implied.
ART. 1321. The person making the offer may fix the time, place, and manner of acceptance, all of which must be complied with .
ART. 1322. An ·offer made through an agent is accepted from the time acceptance is communicated to him. ART. 1323. An offer becomes ineffective upon the death, civil inte'rdic;:tion, insanity, or insolvency of either party before acceptance is conveyed. ART. 1324. When the offerer has allowed the offeree a certain period to accept, the offer may be withdrawn at any time before acceptance by communicpting such withdrawal, except when the option is founded .upon a consideration, as something paid or promised. ART. 1325. Unlt;~ss it appears otherwise , business advertisements of things for sale are not definite offers, but mere ·invitations to make an offet". ART. 1326. Advertisements for bidders are simply invitations to make proposals, and the advertisers is not bound to accept the high'e st or lowest bidder, unless the contrary appears. ART. 1327.
The following cannot give consent to a contract.
1) Unemancipated minors: 2}. Insane or demented persons, and deafmutes who do not know how to write. ART. 1328. Contracts entered to during a LUCID interval (Temporaryperiod of nationality between period of unsanity or d&lirium) are valid. Contracts agreed to in a state of drunkenness or during a hypnotic spell are voidable.
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ART. 1329. The incapacity declared in article 1327 is subject to the modifications determin~d by law, and is understood to be without prejudice to special disqualifications established in the laws. ART. 1330. A. contract where consent is given through mistake, violetlce, intimidation, undue influence, or fraud is voidable. ART. 1331.
In order that mistake may invalidate consent, it should refer to the of the thing which is the object of the contract, or to those conditions which have principally moved ·one or both parties to enter into the contract.
sub~tance
Mistake as to the identity or qualiiications oi one oi the parties w1U vitiate consent only when such identity or qualifications have been the principal cause of the contract. A simple mistake of account shalt give rise to its correction. ART . 1332. When one of the parties is unable to read, or if the contract is in a language not understood by him, and mistake or fraud is alleged, the person enforcing the con· tract must show that the terms thereof have been fully explained to the former. · ART. 1333. There is no mistake if the party alleging it knew the doubt, contigency or risk affecting the object of the contract. ART. 1334. Mutual error as to the legal effect of an agreement when the real purpose of the parties is frustrated, ·may vitiate consent. ART. 1335. There is violence when in order to wrest consent, serious or irresistible force is employed. There is intimidation when one of the contracting parties is compelled by a reasonable and well-grounded fear of an imminent and grave evil upon his person or property, or upon the person or property of his spouse, descendants or ascendants, to give his consent. To determine the degree of the intimidation, the age, sex, and condition of the person shall be borne in mind. A threat to enforce one's claim through competent authority, is the cl.aim is just or legal, does not vitiate consent. ART. 1336. Violence or intimidation shall annul the obligation, although it mav have been employed by a third person who did not take part in the contract. ART. 1337. There is undue influence when a person takes improper advantage of his power over the w ill of another, depriving the latter of a reasonable freedom of choice. The following circumstances shall be considered: the confidential, family, spiritual and other relations between the parties, or the fact that the person alleged to have been unduly influenced-was suffering from mental weakness, or was ignorant or in financial distress. ART. 1338. There is fraud when, through insidious words or machinations of one of the contracting parties, the other is induced to enter into a contract which, without them, he would not have agreed to. ART. 1339. Failure to 'disclose facts, when there is a duty to reveal them, as when the parties are bound by confidential relations, constitutes fr~ud. ART. 1340. The usual exaggerations in trade, when the other party had an opportunity to know the facts, are not in themselves fraudulent. ART. 1341. A mere expression of an opinion does not signify fraud, unless made by an expert and the other party has relief on the former's special knowledge.
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ART. 1342. Mispresentation by a third person does not vitiate consent, unless such .misrepresentation has created substantial mistake and the same is mutual. ART. 1343. error.
Misrepresentation made in good faith is not fraudulent but may const1tute
ART. 1344. In order that fraud may make a contract voidable, it should be serious and should not have been employed by both contracting parties. Incidental fraud only obliges the person employing it to pay damages. ART. 1345. Simulation of a contract may be absolute or absolute or relative. The former takes place when the parties do not intend to be bound at all; the latter, when the parties conceal their. true agreement. ART. 1346. An absolutely simulated or fictitious contract is void . A relative simulation, when it does not prejudice a third person and is not intended for any purpose contrary to law, morals. good customs, public order or public policy binds the parties to their real agreement. SECTION 2 - OBJECT OF COI'\ITRACTS ART. 134 7 . All things which are not outside the commerce of men, including future things. may be the object of contract. Atl rights which are not intransmissible may also be the object of contracts. ART . 1348.
Impossible things or services can not be the object of contracts .
ART. 1349. The object of every contract must be determinate as to its kind . The fact that the quantity is not determinate shall not be an obstacle to the existence of the contract. provided it is possible to determine the same without the need of a new contract between the parties . SECTION 3 - CAUSE OF CONTRACTS ART. 1350. In onerous contracts the cause is understood to be, for each contracting party, the presentation or promise ot a thing or service by the other; in remuneratory ones. the service or benefit which is remun erated; and in co ntracts of pure beneficence. the mere liberality of the benefactor. ART. 1351. The particular motives of the parties in entering.into a contract are different from the cause thereof. ART. 1352. Contracts without cause , or with unlawful cause, produce no effect whatever. The cause is unla wful if it is contrary to law, morals , good customs. public order or public policy . ART. 1353. The statemen t of a false causes in contracts shall render them void, if it should not be proved that they were founded upon another cause which is true and lawful. ART. 1354. A lthough the cause is not stated in the contract, it is presumed that it exist and in lawful, unless the debtor proves the contrary. ART. 1355. Except in cases specified by law, lesion or inadequacy of cause shall not invalidate a contract, unless there has been fraud , mistake or undue influence . FORM OF CONTRACTS ART. 1356 . . Contracts shall be obligatory, in whatever form they may have been entered into, provided all the essential requisites for their validity are present. However, when the law requires that a contract be in some form in order that it may be valid or en-
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forceable, or that a contract be proved in a certain way, that requirement is absolute and indispensable. tn such cases, the right of the parties stated In the following article cannot be exercised. ART. 1367. If the law requires a document or other special form , .as in the acts and contracts enumerated in the followiog article, the contracting parties may compel each other to observe that form, once the contract has been perfe~ted. This right may be exercised simultaneously wlth the action upon the contract. ART. 1368. The following must appear hi a public
docu~ent .
1) Acis and contracts which have for their object the creation, transmission, modification or extinguishment of real rights over immovable property; sales of real property or of an interest therein are governed by articles 1403, No. 2. and 1405; 2l The .cession, repudiation or renunieiation of heredttary rights or of those of the conjugal partnershtp of gains; 3} The power to administer property, or any other power which has for its object an act appearing or which should appear in a public document, or should prejudice a third person. 4) The cession of actions or rights proceeding from an act appearing in a public document. All other contracts where the amount involved exceeds five hundred pesos must ap· pear in writing even a private one. But sales of goods chattels or things in action are governed by artictes 1403, No. 2 and 1405. VOIDABLE CONTRACTS ART. 1390. ·The following contracts are voidable or annullable, even though there may have been no damage to the contracting parties: 11 Those where one of the parties is incapable (if giving consent to a contract: 2) Those where the consent is vitiated by mistake, violence, intimidation, undue influence or fraud. These contracts are binding, unless they are annulled by a proper action in court. They are susceptible of ratification. ART. 1391. The action for annutlment shall be br.ought within four years. This period shall begin: In cases of intimidation, violence or undue influence, from the time of defect of the consent ceases . In case of mistake or fraud, from the time of the discovery ot the same. And when the action refers to contracts entered into by minors or other incapacitated persons, from the time the guardianship ceases. ART. 1392.
Ratification extinguishes the action to annul a voidable contract.
ART. 1393. Ratification may be effected expressly or tacitly . It is understood that there is a tacit ratiiication if, with knowledge of the reason which renders the contract voidable and such reason having ceased, the person who has a right to invoke it should execute an act which necessarily implies an intention to waive his right. ART. 1394.
Ratification may be effected by the. guardian of the incapacitated person.
ART. 1396. Ratification does not require the conformity of the contracting party who has no right to bring the action for annullment.
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ART. 1396. Ratification cleanses the contract from. all its defects from the moment it was constituted. ART. 1 3 97. The action for the annulment of contracts may be instituted by all who are thereby obliged principally or subsidiarity. However, persons who are capable allege the inC.apacity of those with whom they contracted; nor can those who exerted intimidation, violence, or undue influence, or employed fraud, or caused mistake base . their action upon these flaws of the contract. ART. 1398. An obligation having been annulled, the contradicting parties shall restore to each other the things which have been the subject matter of the contract, with their fruits. and the price with its interest, except in cases provided by law. In obligations to render service, the value thereof shall be the basis for damages.
ART. 1399. When the defect of the contract consists in the incapacity of one of the parties, the incapacitated person is not obliged to make. any restitution except insofar as he has been benefited by the thing or price received by him . ART. '1400 . Whenever the person obliged by the decree of annulment to return the thing can not do so because it has been lost through his fault, he shall return the fruits received and the value of the thing at the time of the loss, with interest from the same date. ART. 1401. The action of annulment of contracts shall be extinguished when the thing which is the object thereof is lost through the fraud or fault of the person who has a right. to institute the proceedings. If the right of action is based upon the incapacity of any one of the contracting parties, the loss of the thing shall not be an obst acle to the success of the action, unless said loos took place through the f raud or fault of the plaintiff.
ART . 1402. As long as one of the contracting parties does not restore what is virtue of the de'crees of annulment he is bound to return, the other cannot be compelled to comply with what is incumbent upon him. UNENFORCEABLE CONTRACTS
ART. 1403.
The following contracts are unenforceable, unless they are ratified:
1) Those entered into in the name of another person by one who has been given no authority or legal representation, or who has acteq beyond his powers;
21 Those that do not comply with the Statute of Frauds as set forth in this number. In the following cases an agreement hereafter made shall be unforceable by action, unless the same, or some note or memorandum thereof, be in writing, an subscribed by the party charged, or by his agent; evidence therefore, of the agreement cannot be received without the writing, or a secondary evidence of its contents: a) An agreement that by its terms is not to be performed within a year from the making thereof; b) A special promise to answer for the deot default, or miscarriage of another. c) An agreement made in consideration of marriage, other than a mutual promise to marry; d) An agreement for the sale of goods, chattels or things in action, at a price not less than five hundred pesos, unless the buyer accept and receive part of such goods and chattels, or the evidence, or some of them, of such things in action, or pay at the time some part of the purchase money; but when a sale is
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made by auction and entry is made by the auctioner in his sales book, at the time of the sale, of the amount and kind of property sold, terms of sale, price, names of the purchasers and person on whose account the sale is made, it is a sufficient memorandum; e) An agreeQ'lent for the leasing for a longer period than one year, or for the sale of real property or of en interest therein; f} A representation as to the credit of a third person. 3} Those where both parties are incapable of ghting consent to:a contract. ART. 1404. Unauthorized contracts are governed by article 1 31 7 and the principles of agency in Title X of this Book. ART. 1405. Contracts infringing the Statute of Frauds, referred to in No. 2 of article 1403, are ratified by the failure to object to thEt presentation of oral evidence to prove the same, or by the acceptance of benefits under them. ART. 1406. When a contract is enforceable under the Statute of Frauds, and a public documents i.6 necessary for Its registration in the registry of deeds, the parties may avail themselves of the right under 1 3 57. ART. 1407. In a contract where both parties are incapable of giving consent express or implied ratification by the parent, or guardian as the case may be, of one of the contraction parties shall give the contract the same effect as if only one of them were incapacitated. If ratification is made by the parents or guardians, as the case may be, both contracting parties, the contract shall be validated from the inception. ART. 1408.
Unenforceable contracts cannot be assailed by third persons.
VOID OR INEXISTENT CONTRACTS
ART. 1409.
The following contracts are inexistent and void from the beginning:
1 ) Those whose cause. object or purpose is contrary to law, morals, good customs, public order or public policy; 2) Those which are absolutely simulated or fictitious; 3) Those whose cause or object did not exist at the time of the transaction; 4) Those whose object is outside the commerce of men; 5) Those which contemplate an impossible service; 6) Those where the intention of the parties relative to the principal object of the contract cannot be ascertained; · 7) Thase expressly .Prohibited or declared void law. These contracts cannot be ratified. Neither can the right to set up the defense of illegality be waived. ART. 1410. The action or defense for the declaration of the inexistence of a contract does not prescribe. ART. 141 1 . When the nullity proceeds from the 1\\egamtv oi the cause or object ot the contract, and the act constitutes. a criminal offense, both panies being in pari delicto, they shall have no action against each other, and both sha.ll be prosecuted . Moreover, the provisions of the Penal Code relative to the disposal of. effects or instruments of e crime shaH be applicable to the things or the price of the contract. This rule shall be applicable when only one of the parties is guilty; but the innocent one may ctaim what he has given, and shall not be bound to comply w ith his promise .
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ART. 1412. If the act in which the unlawful or forbidden cause consists does not constitute a criminal offense, the following rules shall be observed: 1) When the fault is on the part of both contracting parties, neither may recover wh&t he has given by virtue of the contract, or demand the performance of the other's undertaking; 2) When only one of the contracting parties is at fault, he cannot recover what he has been promised him. The other, who is not at fault, may demand the return of what he has given without any obligation to comply with his promise. ART. 1413. Interest paid in excess of the interest allowed by t he usury laws rnay be recovered by the debtor, with interest thereon from the date of payment. ART. 1414. When money is paid or property delivered for an ·illegal purpose, the contract may be repudiated by one of the parties before the purpose has been accomplished, or before any damage has been caused to a third person. In such case, the courts may, if the public interest will thus be subserved, allow the party repudiating the contract to recover the money or property. ART. 14'1 6. Where one of the parties to an illegal contract is incapable of giving consent, the courts may, if the interest of justice so demands, allow recovery of money or pro· party delivered by the incapacitated person. ART. 1416 . When the agreement is not illegal per se but is merely prohib~ted, and the prohibition by the law is designed for the protection of the plaintiff, he may, if public policy is thereby enhanced, recover what he has paid or. delivered . ART . 1417. Wt)en t he price of any article or commodity is determined by statute , or by authority of law , any person paying any amo\Jnt in excess of the maximum price allowed may recover such excess. ART. 1418. When the law fixes, or authorizes the f ixing of t he maximum number of hours of labor, and a contract is entered into whereby a laborer undertakes to work longer than the maximum thus fixed, .he may demand additional compensation for ser· vice rendered beyond the time limit. ART. 1419. When the law sets, or authorizes the setting of a minimum wage for laborers, and a contract is agreed upon by which a laborer accepts a lower wage, he shall be entitled to recover the deficiency. ART. 1420. In case of a divisible contract, if the illegal terms can be separated from the legal ones, the latter may be enforced. ART. 1421 . The defense of illegality of contracts is not available to third persons whose interests are nbt directly affected. ART. 1422. A contract which is the direct result of a previous illegal contract, is also void and inexistent. SECTION 2 - CONTRACT OF LABOR ART. 1700. The relations between capital and labor are not merely contractual. They are so impressed with public interest that labor contracts must yield to t he common good. Therefore, such contracts are subject to t he special laws on labor unions, collect ive bargaining, strikes and lockouts, closed .shop, wages, working conditions, hours of labor and similar subjects. ART. 1701 . Neither capital nor labor shall act oppressively against the other, or impair the interest or convenience of the public. ART. 1702.
In case of doubt, all labor legislation and all labor contracts shall be con-
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strued in favor of the safety and decent' living for laborer. ART. 1703. No contract which partially amounts to involuntary servitude, under any guise whatsoever, shall be valid. ART. 1704. In collective bargaining, the labor union or members of the board or committee signing the contract shall be liable for non-fulfillment thereof. ART. 1706.
The laborer's wages shall be paid in legal currency.
ART. 1706. Withholding of the wages. except for a debt due, shall not be made by the employer. ART. 1707. done.
The laborer's wages shall be a lien on the goods manufactured or the work
ART. 1708. The laborer's wages shall not be subject to execution or attachment, except for debts incurred for food, shelter. clo'thing and medical attendance. ART. 1709. The employer shall neither seize nor retain any tool or other articles belonging to the laborer. ART. 1710. Dismissal of laborers shall be subject to the supervision of the Government, under special laws. ART. 1711. Owners of enterprises and other employers are obliged to pay compensation for the death or injuries to their laborers, work.men, mechanics or other employee, even though the event may have been purely accidental or entirely due to a fortuitous cause, if the death or personal injury arose out of and in the course of the employment. The employer is also liable for compensation if the employee contracts any illness or disease caused by such employment or as the result of the nature of the employment. If the mishap was due to the employees own notorious negligence, or voluntary act. or drunkenness, the employer shall not be liable for compensation. When the ernployee's lack of due care contributed to his death or injury. the compensation shall be equitably reduc~d.
ART. 1712. If the death or injury is due to the negligence of a fellow~ worker, the latter and the employer shall be solidarity liable for compensation. If a fellow-worker's intentional or malicious aet is the only cause of death or injury, the employer shall not be answerable, unless it should be shown that the latter did not exercise due diligence in the selection or supervision of the plaintiff's fellow-worker. SECTION 3 - CONTRACT FOR A PIECE OF WORK ART. 1 713. By the contract for a piece of work the contractor binds himself to execute a piece of work for the employer, in consideration of a certain price or compensation. The contractor may either employ only his labor or skill, or also furnish the material. ART. 1714. If the contractor agrees to produce the work from material furnished by him, he shalt deliver the .thing produced to the employer and transfer dominion over the thing. This contract shall be governed by the following articles as well as by the pertinent provisions on warranty of title and against hidden defects and the payment of price in a contract of sate. ART. 1715. The contractor shall execute the work in such a manner that it has the qualities agreed upon and has no defects which destroy or tessen its value or fitness for its ordinary or stipulated use. Should the work be not of such quality, the employer may require that the contractor remove the defect or execute another work. If the contractor fails or refuses to comply with this obligation, the employer may have the defect removed or another work executed, at the contcactor's cost.
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ART. 1716. An agreement waiving or limiting the contractor's liability for any defect in the work is void lf the contractor acted fraudulently. ART. 1717. If the contractor bound himself to furnish the material , he shall suffer the loss if the work should be destroyed before its delivery, save when there has been delay in receiving it. ART. 1718. The contractor who has undertaken to put only his work or skill, cannot claim any compensation if the work should be destroyed before its delivery, unless there has been delay in receiving it, or if the destruction. was caused by the poor quality of the materia!, provided this fact was comniunicated.in due time to the owner, the contract is extinguished. ART . 1719. Acceptance of the work by the employer relieves the contractor of liability for any defect in the work unless: 1) The defect is hidden and the employer is not, by his special knowledge, expected
to recognize the same; or 2) The employer expre.ssly reserves his rights against the contractor by reason of the defect. ART. 1720. The price or compensation shall be paid at the time and place of delivery of the work. unless there is a stipulation to the contrary. If the work is to be delivered partially. the price or compensation for each part having been fixed, the sum shall be paid at the time and place of delivery, in the absence of stipulation .
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ART. 1721. If, in the execution of the work, an act of the employer is required, and he incurs in delay or fails to perform the. act, the contractor is entitled to a reasonable compensation. The am6unt of the compensation is computed, on the one hand, by the duration of the delay and the amount ofthe compensation stipulated, and on the other hand. by what the contractor has saved in expenses by reason of the delay, or is able to earn by a different employment of his time and industry. ARl'. 1722. If the work cannot be completed on account of a defect in the·material fur-. nished by the employer. or because of orders from the employer. without any fault on the part of the contractor, the latter has a right to an equitable part of the compensation proportionally to the work done, and reimbursement for proper expenses made. ART. 1723. The engineer or architect who drew up the plans and specifications for a building is liable for damages if within fifteen years from the completion of the structure, the same should collapse by reason of a defect in those plans and specifications, or due to the defects in the ground. The contractor is likewise responsible for the damages if the edifice falls, w'ithin the same period, on account of defects in the construction or the use of materials of inferior quality furnished by him, or due to any violation of the terms of the contract. If the engineer or architect supervises the construction, he shall be solidarily liable with the contractor. Acceptance of the buildings, after completion does not imply waivar of any of thtiJ causes of action by reason of any defect mentioned in the preceding paragraph. The action must be brought within ten years following the collapse of the building. ART. 1724. The contractor who undertakes to build a structure or any other work for a stipulated price, in conformity with plans and specifications agreed upon with the landowner, can neither withdraw from the contract nor demand ·an' increase in the price on account of the higher cost of labor or materials, save when there has been a change in the plans and specifications, provided:
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1 ) Such change has been authorized by the proprietor in writing: and 2) . The additional price to be paid to the contractor has been determined in writing by both parties.
ART. 1725. The owner may withdraw at will from the construction of the work, although it may have been comm4!nced indemnifying the contractor fOI' ell the latter's expenses, work, and the usefulness which the owner may obtain therefrom and damage~.
ART. 1728. When a piece of work /ras been entrusted to a person by reason of his per· sonal qualifications, the contract is rescinded upt)n hjs death. ln.this case the proprietor shall pay the heirs of the c6ntractor in proportion to the price agreed upon, the value of the part of the work done, and of the materials prepared pro· vided the latter yield him some benefit. The same rule shall apply if the contractor cannot finish the work due to circumstances beyond his control. ART. 1727.
The contractor is responsible for the work done by persons employed by
him. ART. 1728.
The contractor is liable for all the claims of laborers and others employed by him, and of third persons for death or physical injuries during the construction.
ART. 1729.
Those who put their labor upon or furnish materials for a·piece of work undertaken by the contractor have an action against the owner up to the amount owIng from the latter to the contractor at the time the claim is made. However, the following shall not prejudice the laborers, employees and furnishers of materials: 1) Payments made by the owner to the contractor before they are due; 2) Renunciation by the contractor of any amount due him from the owner . This article is subject to the provisions of special laws.
ART. 1730.
lilt is agreed that the work shall be accomplished to the satisfaction of the proprietor, it is understood that in case of disagreement the question shall be subject to expert judgment.
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The United Architects of the Philippines and Related Professional Organizations THE UNITED ARCHITECTS OF THE PHILIPPINES H\STORY OF ARCHITECTURAl ORGANIZATIONS IN THE PHIUPPINES The first Engineers and Architect's Law Act. No. 2985, was passed by the National Assembly in 1 921 where the Maestros de Obras or Master Builders are required to register as Architects. As the number of practicing architects began to increase, the need for establishing and controlling professional standards and conduct of ethics became necessary. In 1933 the Philippine Architects Society tPAS) was organized. The Society drafted the con~ stitution and by-laws and the adoption of a Code of Ethics and Standard Professional Fees. On Sept. 2 , 1945, the .name of the society was amended to the Philippine Institute of Architects and Pfanners (PIAP) which was subsequently changed to PIA. In 1950 the League of Philippine Architects ILPAl was formed as the second architectural organization. During this year, the profession of Architecture was given its first separate statute with the enactment of Republic Act 545, " An Act to Regulate the Practice of Architecture in the Philippines." A third organization of architects, called the Association of Philippine Government Architects tAGPA) was formed in 1958 . His excellency President Ferdinand Marcos issued PD 223 in June 1973 creating the profes· sional Regulation Commission !PAC) with the duty of regulating atl the professions and accrediting only one professional organization lo represent a profession . Recognizing the need to formally integrate, the three architectural associations, APGA. LPA and PIA each appointed three representatives to f9rm the Panel of Negotiators in May 1973 with the Board of Examiner for Architects as consultants. One year later, the respective Board of Directors of the three organizations on Dec. 12, 1974 unanimously approved the constitution and By-Laws, and the Ad Hoc Commission was authorized to sit as an Interim Board to administer, implement and coordinate the various ac· tivities of the new organization until the first regular Board of Directors and officers was duly elected. The new integrated society was called, the United Architects, of the Philiwt(les (UAP). And became the first accredited professions\ organization when on~ay 12, 1 97~Jthe f»RC issued Certificate No. 001 to the UAP as the duly accredited professional organization for architects in the Philippines. In the process of consolidating all the documents of the three organizations, the UAP saw the need to review and update them in order to be more responsive to the practice of the profession
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in the Philippines. The first draft of the revised National Code was divfded into two divisions, namely:
1 . Code of Ethical Conduct -and -
2. Standards of professional Practice STANDARDS OF PROFESSIONAL PRACTICE
SECTIONS:
CLASSIFICATION: 1 . Pre-Design Services
2. 3. 4. 5. 6. 7.
Design Services Specialized A llied Services Construction Services Post-Construction Services Comprehensive Architectural Services Design-Build Services 8. Selection of Archite.cts and Methods of Construction 9. Competition Code
UAP Doc. UAP Doc. UAP Doc. UAP Doc. UAP Doc. UAP Doc. UAP Doc.
201 · 202 203 204 205 206 207
UAP Doc. 208 UAP Doc . 209
The Final form of the Architect's National Code was approved by the UAP National Board of Directors and Professional. Regulation Commission for compliance by the practicing Architects in the Philippines on July 2 1 , 1 9 7 9. COMMITTEE ON PROFESSIONAL PRACTICE & ETHICS:
Chairman Vice Chairman Members
Felipe M . Mendoza, FUAP Froilan L. Hong, CUAP Otillo A. Areilano,' FUAP Cesar Canchela, FUAP Antonio S. Dimalanta, FUAP Cristina R. Fugoso, UAP Geronimo V. Manahan, UAP Norberta M. Nuke, FUAP Rebecca V. Tobia
V:
PURPOSE AND OBJECTIVES
The Architects of the Philippines, aware of the need of integrating the architectural profession in order to better project the value and importance of the role of the architect in nation building and public service, hereby adopt the following objectives: · a. To unite all registered architects of the Philippines. b. To establish and promote the highest standards of ethical conduct and excellence ln the practice and service of the architectural profession; . c. To uplift the standards of ar·chitectural education, conduct researches, accumulate and disseminate information and ideas in architecture, environmental design, ecology, technology, culture and other related fields. d. To cooperate and coordinate with other allied professions, trades and industry; e. To participate in matters concerning national develo-pment of the country. f. To cooper.ate_with the ~oard of Architecture and other government agencies: g. To cooperate and coordinate with international organizations in the field of architecture, environmental design.and other fields of arts, science and technology; and
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h. To render any lawful and appropriate assistance to any of its members .
MEMBERSHIP TYPES OF MEMBERS: 1. CORPORATE MEMBERS- any duly registered architect in t he Philippines is qualified to be a corporate member and thereby print after his name, the initials "UAP". Every aorporate member shall be a UAP Chapter ort the basis of residence, place of work or place relevant to his practice. He shall pay his yearly dues to be in good standing . 2. CHARTER CORPORATE MEMBER - All corporate members of the three organizations, APGA, LPA, PIA, who registered with the UAP on or before December 31, 1975. He shall have the right to a document evidencing his membership thereto, receive and abide by this By-Laws, use and print after his name, the initials "CUAP". representing " Chapter Member" UAP. 3 . FELLOW - any corpor~te memtMtr upon his formal bestowal of the title fellow shall have the right to use and print after his name the initials "FUAP" representing "Fellow, UAP." a. Qualifications - corporate members, to qualify for nomination to fellowship must have been in good standing with the UAP continuously for at least ten ( 1 Ol years at the time of his nomination and must have rendered notable contribution to the advancement of the architectural profession be it is design, construction, journalism, education or public service for which the jury fellows nominated him as fellow and confirmed by three-fourths 13/4) affirmative vote of the National Board of Directors in secret Ballot. b. Nomination - this shall be made through a written-petition by at least twenty corporate members in good standing belonging to the same district signing as nominators, or by a group of at least ten (10) Fellows in good standing excluding the jury members . c. Rights and Priveleges - Every corporate member who has been conferred fellowship continues to enjoy all the rights·and priveleges of a corporate member, but as a mark of distinction and honor has the privelege to use the title "Fellow", print after his name the initials "FUAP" and wear his fellowship medallion at all formal social functions of the UAP and the right to a diploma evidencing his fellowship, to attend aJI meetings of the college·of Fellows and set with the jury of Fellows: d. College of Fellows - The College of Fellows shall be composed of all corporate members who hold the title of "FELLOW, UAP". Any corporate member, upon his formal bestowed of the title "FUAP", automatically becomes a member of the College of Fellows .
. e-. Likha Award - the highest distinction that may be bestowed by the National Board. This award shall be given as a recognition of his having achieved the highest standards of ethical conduct and excellence in the practice and service in the different fields of the architectural practice and for his distinguished contribution Qnd service to the UAP organization and to his community, his government and country. 4. MEMBER EMERITUS - a corporate member who has been in good standing, with the association continuously for at least fifteen ( 15) years, and retires from the practice of architecture. He shall continue to enjoy all the rights and priveleges of a corporate member and has the privelege to use the titte "Member Emeritus" print after his name the initials "EUAP", and Is exempt from the payment of all fees and dues.
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5. HONORARY MEMBER - conferred upon any person who is not an architect, but who is nominated by at least ten I 1Ol UAP Fellows in good stand ing, who has distinguished himself to be of high reputable character, has contributed and given special service to the architectural profession, arts or allied sciences, journa·lism and public service, is elected by the National Board of Directors oi the UAP upon recommendation oi the committee on Membership as honorary member.
6. CORRESPONDING MEMBER -
conferred upon foreign architects of high and · reputable character , who, having contributed to the advancement of the architectural profession, is nominated by at least ten ( 1Ol corporate members in good standing and elected by the National Board of Directors of the UAP.
FEES AND DUES The UAP shall levy initiation fee and annual dues as follows:
1 . Initiation Fee 2. Annual National Due
,. 40 .00 ,. 150.00
NATIONAl BOARD OF DIRECTORS:
The National Board of Directors shall be composed of seventeen ( 1 7 l members distributed as follows: Five (5 ) di rectors at large and twelve { 12) directors are tepresenting the twelve regional districts. 1.
Bengu et- B~guio
2. Pangasinan-Dagupan 3. llocos Norte 4. !locos Sur
5. Abra 6. Batanes 7. Cagayan
8. lfugao · 9. lsabela
10. Kalinga-Apayab 11. La Union 1 2. Mountain Pr ovince 1 3. Nueva Viscaya 14. Quirino
District II (Central luzon)
1 . Bataan 2. 8ulacan 3. Nueva Ecija
4. Pampanga 5. Tarlac 6. Zambales
District Ill Area of the City of Manila North of Pasig River District IV Area of the City of Manila South of Pasig River District V Quezon City North of Quezon Boulevard and Don Mariano Marcos Avenue District VI Area of Quezon City South of Quezon Boulevard and Don Mariano Marcos Avenue District VII Area compromising Caloocan City and the municipalities of Valenzuela, Malabon, Navotas, Marikina, Pasig, Mandaluyong, San Juan and Taytay, Rizal.
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District VIII Area comprising the City of Pasay and the municipalities of Makati. Paranaque. Las Pinas . Muntinlupa, Tagu\g and Pateros. District IX (Southern Tagalog and Bicol) Areas comprising the provinces and cities in the Southern Tagalog and Bicol regions. District X (Central and Eastern Visayas) Areas comprising the provinces and cities in the islands of Cebu,-Bohol, leyte, Samar, and Siquijor and the province of Negros Oriental. District XI (Western Visayas) ~
#
Comprising the provinces of Iloilo. Capiz, Antique, and Negros Occidental. District XII (Mindanao) Comprising the provinces and cities in the islands of Mindanao Sulu, Basilan, Tawi-tawi and Camiguin. NATIONAL OFFICERS
Nat\onal President, Vice President · Operations, Vice President Programs and Development, National Secretary and National Treasurer. CHAPTER OFFICERS:
President, Vice President for Operations, Vice President for Programs and Development, Secretary, Treasurer and two (2) directors. The members of the Board of Directors shall serve for or.e I 1 I year starting on January 1st up to December 31st of the Calendar year, or until their successors shall have been duly elected and qualified. No member of the Board o f Directors sh.all hold office for more than three (3) consecutive terms. CHAPTER COMMITTEES
al Committee on Private Pract\ce - This embraces the functions ot the following: 1 . Professional Practice
2. Ethics 3. General Welfare 4. Allied Profession 5. Competition bl Committee on Governl')'lental and External Affairs following: 1. 2. 3. 4.
this e.mbraces the functions of the
Legislation Internal Affairs National and Civic Affairs Public Relations
.,
c) Committee on Education - this embraces the functions of the following : 1. 2. 3. 4.
:!.10
Architect's Continuing Education (ACE) Pilipino Architectural legacies (PAL) Research Academic Institutions
d) Committee on Internal Affairs - This embraces the ·functions of the following:
1 . Chapter Organizations Membership Awards Ways and Means By-Laws G~neral Information
2. 3. 4. 5. 6.
Ace-Program ARCHITECTS CONTINUING EDUCATtON
ACE is the acronym for Architect' s continuing.Education. It is a renewal process to prepare the architect for the comprehensive practice of architecture. The United Architects of the Philippines (UAP} is undertaking this program which is designed to systematize the wealth of information. The architect needs in his practice not only for today but for tomorrow.
WHY ACE Simply because it will prepare the architect to practice his profession with the· highest level of competence. Architecture differs from the other major cut forms in that it is created in response to a need. But the needs today and that of tomorrow differs from what the needs were a generation ago. In this age of accelerated social and technological change, we must be ready to challenge the corresponding changes in the profession. Therefore, the challenge posed is to study, understand, anticipate and use change as an opportunity to further the values and objective of the profession, and to increase its skill and effectiveness. HOW Enroll in the ACE program. The limited time available for formal enroll in an academic institution.
educ~tion
inhibits the architect to
1. Complete a learning "module" (a standard unit of measure) by attending ten I 1OJ contact hours spread in different sessions. 2. Submit a case study report forty five (45) days after· the completion of the ten ( 10} contact hours. This is a pre-requisite to this program . 3. A continuing Education Unit ICEUl is equivalent to ten
11 0) contact hours of participation.
4. Attendance and successful completion of the program is equivalent to one (1} CEU. 5. Reading materials will be distributed one w eek prior to the sessions (or given before 8 A.M . on the scheduled day) WHERE: The ACE program will be a roving educational package. From time-to-time, the educational package will be brought to the regional center in the country. It will tie up with the leading educational institutions of the country to provide administrative support in collaboration with the regional chapters of the United Architects of the Philippines. (In Metro Manila. it is usually held at the Eng'g Center, U.P. Diliman, or at a five star hotel and la1ely at Ramon Magsaysay Bldg. at Roxas Blvd).
HOW MUCH It depends on the venue and the lecture hours. However as of 1986. a one-day module would cost 1'160.00 for a UAP Member which includes all handouts, two 121 snacks, lunch, Cer· tificate of Attendance and Certificate of Credits earned .
:.!11
WHAT DO I LEARN:
LEARNING MODULES 1 . PROJECT PLANNING & MANAGEMENT Project Development
Construction Administration Project Feasibility Studies Guiding Administration and Management Energy Management in Buildings
2. ENVIRONMENTAL ANALYSIS Initial Environmental Examination (IEEl Environmental Impact Statement lEIS) Site Analysis & Climatology
3. ARCHITECTU-RAL PROGRAMMING Space Planning Market Analysis Process of Programming Behavioral Consideration 4. DESIGN
Architectural Design Process Urban Design & Community Architecture Building Interiors Landscape Design and ·Site Planning Housing
5. TECHNOLOGY Energy Building Utilities Building Materials Construction Technology Building Structures Building Environment Computer Aided Design Structural Visualization for Architects Architectural Engineering - Applied Structural Design
6. FINANCE & auiLOING ECONOMICS Cost Estimating Cost Planning and Cost Control Life Cost Analysis Real Estate Project Financing 7. PROFESSIONAL PRACTICE Marketing Architectural Services Office Administration Architecture and Law Educational Administration Practical Specifications Writing
ARCHITECTS CONTINUING EDUCATION (ACE) PROGRAM ACE PROGRAM COURSE MODULES (As approved by the National Board in Resolution 35-85 on March 23, 1985) Rationale: Outlined below is the Restructured ACE Course Module arrived at after a rigid strategic planning process designed to establish clearcut and well-defined interrelated tasks in the profession of Architecture. It will serve as a framework for continuous and efficient management of the program. It will also provide for the methodical and systematic operations of the program.
The outline shows a broadscope perspective of the various areas in which all programs can be derived and expanded. These programs, will then be subject to further development and adjustments, as the need arises. MODULE 1 - PRACTICE
101 Architect as a Designer 1011 Architectural Designer 101 2 Interior Designer 1013 Landscape Designer
102 Architect as a planner 1021 Urban Planning 1022 Town Planning 1023 Community Planning 103 Architect as a Manager/Administrator 1031 Construction Manager 1032 Project Manager 1 033 Facility Manager 1034 Building Administrator 104 Architect as an Educator 105 Architect in Gov't Service 106 Architect as a Developer 107 Architect as Arbiter 108 Architect as a Contractor 109 Architect as a Businessman
2023 Programming 2024 Construction Cost Control 2025 Regulations Control MODULE 3 - TECHNOLOGY
301 Presentation 3011 Rendering and Illustration 301 2 Model Making 302 Design Decision Making Process 3021 Project Program Planning 3022 Conceptual E:valuation 3023 Design Development Process 303 Cost Planning 3031 Budgetary Cost Planning 3032 Quantity Cost Planning 304 Design Documentation 3041 Working Drawings 3042 Specifications 305 Building Components 3051 Building Materials
201 Business Management 2011 Marketing 2012 Compensation Management 2013 Finance Management 2014 Personnel Management 2015 Insurance Management
306 Architectural Engineering 3061 Structural System 3062 Electrical System 3063 Mechanical System 3064 Sanitary System 3065 Fire Safety System 3066 Auxiliary System 3067 Energy Efficient System 3068 Acoustics 3069 Lighting System
202 Project Management 2021 Project Management Principles 2022 Budgeting & Scheduling
307 Tools and Aids 3071 Office Equipments 3072 Photography
110 Architect as a Researcher MODULE 2 - MANAGEMENT
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MODULE 4 - COMPUTERS 401 Introduction Programs 4011 Computer Literacy 40 2 Appreci ation PrOQram s 4021 Effective Use of Micro 402 2 M aximum Use of M icro 403 Application Programs 403 1 Spreadsheets 4032 W ord Processing 4033 Data Base Manag ement MODULE 5 - SPECIAL PROGRAMS
501 Leadership Dynamics
Architects Code of Ethics THE ARCHITECT'S RESPONSIBILITIES IN RELATION TO THE PEOPLE. The Architect is engaged in a profession which carries with civic respon1 . STATEMENT: sibilities towards the public, whether such responsibilities are the natural outcome of it
good citizenship or of his professional pursuit or wh'ether they partake of informative and educational matters or of his normal , good public relations . a The Architect shall seek opportunities to be of constructive.service in civic and urban affairs and to the best of his ability advance the safety, health and well-being of the people and the community as well as the promotion, restoration or preservation of the general amenities and other examples of historic and architectural heritage of the nation. b The Architect shall promote the interest of his professional organization and do his full part of the work to enhance the objectives and services of the organization. He should share in the interchange of technical information and experience with the other design profession and the building industry. c The Architect as a good citizen shall abide and observe the laws and regulations of the government and comply with the standards of ethical conduct and practice of the profession in the Philippines. He shall at no time act in a manner detrimental to the best interest of the profession. d The Architect shall not use paid advertisement nor use self-laudatory, exaggerated or misleading publicity. However. the presentation of factual materials, verbal or vist1al. of the aims , standards and progress of the profession through literature or by' in· dustrious application of his work and services which tend to dignify the professional or advance public knowledge of .t he Architect's function in society may be presented through any public communication media. e The Architect shall not solicit nor permit to solicit in his name, advertisements or other support towards the cost of any publication presenting his work. He should refrain from taking part in paid advertisement endorsing any materials of construction or pui!ding equipment.
f The Architect shall .not mislead the public through advertisements, signs or printed matter citing his professional specializations unless such qualifications are well known facts or sanctioned by professional consensus and years of experience.
THE ARCHITECTS'S RESPONSIBILITIES IN RELATION TO HIS CLIENT.
2. STATEMENT: 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. 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
216
experience and does not entail the offering of free preliminary sketches or other services without the benefit of an agreement with the Client for legitimate compensatior'l·. b The Architect shall acquaint or ascertain from the Client at the very inception of their business relationsh_ip, the exact nature and scope of his services and the corresponding professional charges. c· The Architect shall advise a. Client against proceeding with any project whose practicability may be questionable due to financial. legal or arresting or exigent conditions , even if such advice may mean the loss of a prospective commission to the Architect. d The Architect shall explain the conditional character of estimates other than estimates submitted in the form of actual proposals by contractors and in no case shall he guarantee any estimates or cost of the work. Neither shall he m islead his Client as to probable cost of the work in order to secure a commission. e The Architect shafl 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 as a whole, and to endeavor to meet the aesthetic and functional requirements of the project commensurate with the Client's appropriation. The Architect shall charge his Client for services rendered, a professional fee commensurate with the work involved and with his professional standing and experience based upon the Basic Minimum fee prescribed under the "Standards of Professional Practice" of the "Architect's National Code" g The Architect shall not undertake, under a fixed contract sum agreement, the construction of any project based on plans prepared by him. He may in certain cases, undertake the construction of a pl'oject even when the plans were pr.epared by him provided it is undertaken in conformity with the conditions set forth under sections covering "Construction Services" "Comprehensive Services" or "Design-Build Services" of the document on "STANDARDS OF PROFESSIONAL PRACTICE." h The Architect shall be compensated for his services solely through his professional fee charged directly to the Client. He shall not accept nor ask for any other returns in whatever form from any interested source other than the Client. The Architect shall be free in hi.s 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. free to act in his Client's best interests. If the Architect has any business interest which will relate to, or affect the interest of his Client! he should inform his Client of such condition or situation . The Architect shall include in his agreement with the Client a clause providing for arbitration as a method for settlement of disputes.
THE ARCHITECT'S RESPONSIBILITIES IN RELATION TO THE CONTRACTOR. • STATEMENT: The Contractor depends upon the Architect ·to safeguard fairly his interests as well as those of the Client. a The Architect shall give the Contractor every reasonable aid to enable him to tully understand the contents of the Contract Documents by furnishing clear, definite and
217
consistent information in all ~tinent ·contract documents to avoid unnecessary mistakes that may involve extra costs to the Contractor. b The Architect shall not knowingly call upon the Contractor to correct or remedy oversights or errors in the Contract Documents to the Contractor's financial disadvantage. c The Architect shall immediately upon his personal knowledge Qnd inspection, reject or condemn materials, equipment or workmanship which· are not in conformity with the Contract Documents in order·not to cause unnecessary delay and additional ~x pense to the Contractor. d The Architect shall not, at any time or circumstance, accept free engineering ser· vices, or receive any substantial aid, gifts, commissions, or favors from any Contractor or sub-contractor which will tend to place him under any kind of moral obligation. e The Archi.tect shall upon request by the Contractor promptly inspect each phase of the work completed and if found according to the terms of the Contract Documents issue the :;orresponding Certificates of Payment and the Final Certificate of Completion, respectively, to the Contractor.
THE ARCHITECT'S RESPONSIBILITIES IN RELATION TO MANUFACTURERS, DEALERS, AND AGENTS.
4. STATEMENT:
An exchange of technical information between Architects end those who supply and handle building materials or equipment is necessary and therefore encouraged and commended. However; ·a The Architect shalt not avail or make use of engineering or other technical services offered ~y 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. b The Architect shall not at any time receive commissions, discounts, fees, gifts or favors from agents or firms handling building materials or .equipment which may place him in a· reciprocal frame mind. He may however, accept market discounts which shall be credited to the Client.
THE ARCHITECT'S RESPONSIBILITIES IN RELATION TO HIS COLLEAGUES AND SUBORDINATES.
5.
STATEMENT: The Architect has moral responsibilities towards his profession, his colleagues and his subordinates. a The Architect shall not render professional services, without compensation except for small civic or charity projects. He shall neither offer nor provide pre!iminary ser~ vices on a conditional basis prior to definite agreement with the Client for the com~ mission of the project . b The Architect shall not knowingly compete w\th other Architects on the basis of dif· terence of professional charges, nor use donation as a device for obtaining com~ petitive advantage exce.pt for worthy civic or religious projects. Neither shall he submit solicited or unsolicited sketches or drawings in competition with other Architects
2 18
unless such competitive arrangements are conducted substantially under the of the UAP Architectural Competition Code.
term~:;
c The Architect shall not under any circumstances nor through any means seek commissions already known to him as previously endowed to another Architect, whether such endowment has been definitely agreed upon or still in the process of negoatiation. d The Architect shall not, in any case, 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. Neither shall the Architect accept and act as professional adviser or juror in any architectural competition when he has had any information or has reviewed or assisted in the preparation of any competition design entered. Nor shall an Architect, retained as professional adviser in a competition, accept employment as an Architect for that competition project except as Consulting Architect. e The Architect shall not undertake a commission for which he knows another Architect has been previously employed until he has notified such other Architect of the fact in writing and has conclusively determined that the original employment has been terminated and has been duly compensated for. f The Architect shall not undertake a commission for additions, rehabilitation or remodeling of any erected structure undertaken previously by another Architect without duly notifying him of the contemplated project even when the Owner is no longer the same. When the greater mass, area or design of the original structure is substantially maintained the new Architect should limit his advertisement or claim only to the extent .o f the work done to the structure. Architects are enjoined to preserve or restore as much as possible especially the few and remaining historic examples of our architectural heritage affecting this phase of practice. g The Architect shall not knowingly injure falsely or maliciously, the professional reputation, prospects or practice of another Architect. h The Architect shall refrain from associating himself with or allowing the use of his name by any enterprise of doubtful character or integrity. The Architect shall not affix his signature and seal to any plans or professional documents prepared by otper persons or entities not done under his direct personal supervision. The Architect shall inspire the loyalty of his employees and swbordinates by providing them with suitable working conditions, requiring them to render competent and efficient services and paying them adequate and just compensation therefore. He shall tutor and mentor the young aspirants towards the ideals, functions, duties and responsibilities of the profession. k The Architect shall unselfishly give his share in the interchange of technical information and experience among his colleagues and young aspirants and do his part in fostering unity in the fellowship of the profession. He shall unselfishly give his time and effort to the advancement of the profession thru his active and personal commitment and involvement with the accredited professional organization for Architects.
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Selection of the Architect and Methods of Compensation SELECTION OF THE ARCHITECT METHODS OF SELECTION There are three (3) basic methods of selection available to Architect.
a client seeking the services of an
1 . Direct Selection is most often used by an individual person undertaking a relatively
small project.
2 . Comparative· Selection is most often employed by committee representing institutions. ' corporations or public agencies.
3. Design Competitions are frequently used for Civic or monumental projects and prestigious private buildings. 1 . DIRECT SELECTION In this method, the client selects his Architect on the basis of:
1. Reputation
2. Personal acquaintance or Recommendation of a friend. 3. Recommendation of a former client 4. Recommendation of another architect 2 . COMPARATIVE SELECTION In essence. one Architect is compared with others and the client makes a selection based upon his judgment of which firm is most qualified for the successful execution of his project. Usually, a system is established whereby architectural firms must first qualify for an inter· view by submitting information describing their iirms. The client reviews these submis· sions and determines that perhaps six or seven might best serve his needs. Represen· tatives of these firms are then asked to present personally the qualifications of their organizations at an interview session. 1 . The Architect is usually given the opportunity to explain his background and particular
qualifications for the project under consideration and his approach to the proposed project. He is then asked to respond to questions from the selection committee.
2. It is customary for the following information to be solicited from the Architect: a. Date of organization of the firm ':> . References from former clients and from some financial institutions. c. Number of Technical staff members d. Ability to undertake the project under consideration with due recognition of other work in the office.
e. A list of similar projects built in recent years covering such points as: project cost - - - - Efficiency factors such as square meter costs , per pupil costs for schools, per car costs for parking garages, or per patient costs for hospitals --------unique solutions to pr ior commissions - - - - - Names of consultants normally used for servkes not provided by the Architect himself. 3. The selection committee established by the Client may consist of experience laymen; it may have on it representatives of other professions or the construction industry and it may include other concerned persons w ith related expertise, including Architect s and Engineers. The Archi tect should attempt to ascertain the composition of the selection committee so that his pfesentation can be given at the appropriate technical level. He should also learn il) ·advance the general scope of the project and the location of the site. This information should be readily available from the prospective client.
4. After the selection committee has interviewed each of the applicants, checked references and possibly visited actual buildings designed by each Architect, it forms its opinion of the most capable firm and then undertakes the negotiations of the Owner-Archi tect agreement and the compensation to be paid for architectural services.
5. The client, in order to be prepared for this negotiation, may undertake an inquiry into the method s .of compensation used for similar projects.
6. The Architect should be prepared to discuss the nature of the compensation. He should be able to explain to the client the scope of services of the Architect and the minimum Basic Fee. as prescribed by the Architect's National ·Code, which is mandatory. Throughout each discussion, the Client must remember that the purchasing professional services, that the cost of these professional services is very minor compared to the total cost of his contemplated project, and that often more extensive architectural services can resul t in th.e lowest total project cost. The client is buying personal services and expertise and should not be misled by the lure of the lowest compensation amount.
7. It is important for the Architect to be aware of the standards of Ethical Practice, concerning solicitation of a Client when another Architect has been retained for a project. An attempt to supplant another Architect who is in the process of negotiating for a commission should be viewed as detrimental to the selection process .
8. The client, while obviously interested in retaining a firm which has done similar types of projects. should be aware that many firms have done outstanding projects in their first attempt in a field, in which they have had little or no experience. Similarly, many young and/or small firms have been known to do outstanding work and should be given serious consideration.
9. Some other factors which should be considered in retaining an Architect include h is ability to establish realistic construction costs and his success in producing a design within that framework; his ability to maintain.. as appropriate time schedule and his success in administering construction contracts.
10. Of interest to some clients is the number of technical employees who will be assigned to their projects. With work of significant magnitude, size of the technical staff plus the staff of consultants is extremely important: Execution of multi-million dollar projects in a limited span of time requires a significant concentration of capable technical employees.
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3 . ARCHITECTURAL OEStGN COMPETITIONS Design competitions are based on the process whereby various architectural firms submit solutions to a particular problem and are judged on the comparative excellence of their submissions as evidence of their imagination and skill. The successful architect is then awarded the design of the actual project. Competitions offer many advantages to both the Architect and the Owner.
Advantages:
a. firms might not otherwise be considered for the project are encouraged to compete for the commission. b. In particular, the opportunity to compete tor a commission is offered to those young firms or those not previously having extensive experience w ith the type of project under consideration but are willing to spend the time necessary to enter the competition.
O.aadvantagea a. Although some competitions have resulted in the construction of outstanding buildings; some have produced disastrous results. b. The client contemplating the selection of ~n Architect by this means, should discuss this matter with other organizations who have conducted similar competitions so that he is well aware of the pros and cons. This method of selection is usually the most -expensive and time consuming and, for these reasons. its use generally limited to very large or historically important civic or commercial projects. If a client is considering conducting a design competition, he shou\d first seek the assistance of the UAP or one of its local components. UAP Qoc. 209 competition Code sets forth the procedures under which such competitions should be held, with a view toward producing the most satisfactory selection of an Architect. One of the first steps will be the selection of a Registered Architect as the professional Adviser. He assists the client, writes the program, advises on the choice of the jury, answers questions, and conducts the competition so that all competitors receive equal treatment, and so that strict anonymity is observed to the end that neither the OWNER, the Advisor, nor the jury will be aware of the identity of the author of any design until after the jury makes its report. At least a majority of the jury is composed of practicing Architects and the jury examines the rates and completion drawings. The drawings are as few in number and as small in scale as will express the general design of the building . The program specifies the limits of the cubical contents or square meter area and the total construction costs. Normally, the program must include a guaranteed contract on usually acceptable terms between the OWNER and the Architect selected by the jury, assuring that the winner of the competitions will be offered the assignment as Architect. Special provisions to substitute for this requirement are made for public Owners. Adequate cash prizes to compensate for the costs of submitting the drawings must be assured to a reasonable number of competitors. In addition to the prizes, fees and expenses should paid fo the advisor and to the members of the iurv. A considerable variation is possible in the size, complexity, and objectives on design competitions.
be
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METHODS OF COMPENSATION
Criteria The experienced Architect knows that a fair margin of profit in the practice makes it easier to serve the client's interest more effectively. Furthermore, the work of a successful Architect enhances the images and reputation of t he profession. The criteria for computing the Architect's compensation should be based on mutual evaluatioK of the amount of the architectural firm's talents, skill, experience, imagination, effort, and time available for. and reQuired by the project. The Method of Compensation should: 1 . Be fair to the Architect in that it should permit him to recover his costs and net him an adequate profit, provided he is reasonably effiCient. · 2. Be fair to the Client and the Architect by (eflecting the value of the Architect's ser· vices. 3. Be flexible to protect the Architect from cost increases because of changes or the scope of the commission. 4. Not create legal problems for the Arch itect. 5. Encourage the client to be cooperative and supportive. 6. Provide incentive for the Architect to produce the highest design quality. 7. Be easy to understand and simple to use. 8 . Provide a basis for the client to predetermine his costs for architectural services, and be otherwise acceptable . . to. him. 9. Encourages the Architect to develop a solution which w ill result in the lowest possi· ble construction cost consistent w ith t he client's requirements. 1 0. Not focus the Client's attention on "PRICE" but rather on the quality and perfor· mance of the Architect's services. 11 . Protect the Architect against the rising costs. of providing services during the course of a commission. FIVE METHODS OF COMPENSATION: 1 . PERCENT AGE OF CONSTRUCTION COST This method is fair to both the client and the Architect as the fee is pegged to the cost of the projec t the client is willing to undertake . The amount of the percentage is related to the size and the type of the Project. It is flexible and easy to apply since if there will be changes, additions or deductions of the work demanded by the Project or required b~' the Client, the Owner-Architect Agreement . need not be supplemented. 2. MULTIPLE OF DIRECT PERSONNEL EXPENSES This cost-based method of compensation is applicable only to non-creative work such as accounting, secretarial, research, data gathering, supervision, preparation of reports and the like. This method of compensation based on technical hour expended does not ac· count for creative work because the value of a creative design cannot be measured by the length of time the designer has spent on his work. This mett)od may therefore be applied only on pre-Design Services, Supervision work and other works which the Architect may perform other than the Regular and Specialized
225
Allied Design Services. The completion is made by adding all costs of Technical services (man-hours x rate) and multiply it by a multiplier which range from 2 to 2.5 to take care of o'verhead and profit. This multiplier depends on the office set-up, overhead and experience of the Architect and the complexity of the Project . Other items such as cost of transportation, living and housing allowances of foreign consultants, out·of-town living and housing allowances of local consultants , and the like, are to be charged to the client and reimbursed to the Architect. At the start of the commission, the Architect shall make known to the client the rate of professionals and personnel who will be assigned to the Project and .the multiplier that has to be applied before agreeing to this method of computation. FORMULA Assume: A C T
= = =
Architect's rate/hour Consultant's rate/hour Rate per hour of Technical Staff, researchers and otMrs involved in the project.
N 1 , N2 , N3 M R
=
Number of hours spent by Architect, Consultants and Technical Staff Multiplier from 2 to 2.5 Reimbursible expenses such as transportation, housing and living allowance of foreign consultants, per diem, transportation, housing and living allowance of local consultants and Technical Staff if assigned to a place over 100 km . from area of operation of the Architect;
=
=
Cost of printing of extra sets of drawings, reports, maps, contract documents, etc. over the five (5) copies submitted to the client; overseas and long distance telephone calls; Technical and laboratory tests; licenses, fees and taxes, etc. needed by the project. DIRECT COST FEE
= =
AN1
+
CN2
+ TN3
Direct Cost x Multiplier
Total Cost of Service Charged
=
Fee
+
R
To the Client · 3. PROFESSIONAL FEE PLUS EXPENSES This method of compensation, frequently used where there is a continuing relationship on a series of projects. It establishes a fixed sum over and above reimbursement for the Architect's Technical time end overhead. An agreement on the general scope of the work is necessary in order to set an equitable fee. 4 . LUMP SUM or FlXED FEE Some governmental agencies sometimes requests a form of contract which establishes a fixed sum for architectural and engineering services . The disadvantage of this method is that it represents a risk situation to the Architect, since his costs may exceed the agreed amount. Secondly, as there are often changes made by the Client either during the design or construction stages it adds cost not only to the construction but also to the work of the Architect. This will mean that for every change in the work, the Architect end the client will have to supplement their contract to stipulate the additional fee and time involved:
226
In the bureaucratic system of the government this will entail more paper work and timeconsuming efforts on computations, haggling of the tee for extra work and arduous proces-sing for the approval oi the supplementary work within the dient' s agency and the Auditing agency.
5. PER DIEM PLUS REIMBURSEABlE EXPENSE In some cases a client may request an Architect to do work which w1h require his personal time such as: a. Attend board meetings or conferences b. Occu!ar inspection of possible sites c . Confer with others regarding prospective
inves~ments
or ventures and the like. ·
For these particular activities. the Architect may be paid on a per diem basis plus out-ofpocket expenses such as travel, accomodations and subsistence, long-distance telephone · calls, secretarial service, etc.
DESIGN PROFESSIONS ARCHITECTS AND ENGINEERS
Architects and Engineers form the basis tor the design professions assisted by helper personnel of varied experience and skills. The ARCHITECT functions as the coordinator of the building process; he designs the structure; is responsible for the drawings and specifications, employ the consulting engineers or others who work as consultants, is the general administrator of the construction, and provides opportunities for assistance with many related problems that may arise. Architects must pass a rigid examination in various fields including structural, mechanical and electrical, as well as design and drawing, in order to be registered and legally use the title architect. The combination of architect and his own office personnel, plus the engineer-consultant and his office force, plus any special consultants, usually forms the design team. With this combination, the architect provides the expertise to plan the project and to develop the construction documents (working drawing and specifications). The STRUCTURAL ENGINEER calculates the structural requirements, the MECHANICAL ENGINEER designs the air conditioning, and ventilation and heating system, the SANITARY ENGINEER designs the plumbing systems, the ELECTRICAL ENGINEER designs the electric loadings and wiring systems. With many offices, the specifications are also "farmed out" to a CONSULTANT, such as unusual requirements for food service, material handling, acoustics, and ·other specialized needs . .As the Architect is most often the prime mover in. this process, with a direct contract with the client, he is also ~esponsible for the quality of all work issued . from his office including all work done by those also act as consultants to him . Obviously, the architect or engineer cannot norma·lly produce all the required documents by himself, so he is assisted by other technical personnel. Designers, Draftsman, Estimators, Landscape Architects. Decorators, or Artists. Not often considered a part of the design team are hundreds of clerical personnel who also are necessary to complete any project. Almost any office must have several typ.i sts, perhaps a receptionist, a bookkeeper,· a librarian, and secretaries, all trained in specific expertise. Nonskilled. employees include "Office Boys" , trainees, and general help in the reproduction rooms. In an. office that customarily includes additional services, there are planners, economic experts, real estate and Title personnel. legal assistants, and so on.
THE CONSTRUCTION FORCES The construction forces of all sorts thread through the construction field in a manner similar to t he b lood stream in a living being. The major arteries are the General Contractors. supplied by many contractors, who in turn are supplied by a myriad of material suppliers. In every phase there are hundreds and thousands of individual, Trade-craft mechanics, Salesmen and representatives . The entire process requires utmost coordination . The general contractor usually has the prime contract but occasionally some sub-contractor, mechanical or electrical perhaps, with a large portion of the project work, may be termed the prime contractor. A prime contract is one of the agreement between the owner and any contractor . In normal construction procedures, the numerous sub-contractors are not prime contractors since they usually have a contract with a general contractor, who has the prime contract w ith t he Owner. The Philippines have requirements for licensing of contractors . The agency in charge is the PCAB or Philippine Contractors Accreditation Board. Contractors are classified as: a) Engineering - licensed to do civil engineering work, roads. dams, irrigation systems, and the like. b) General Building - licensed to construct almost any type of building project. c) Specialty Contractors - one with specific expertise in a limited f ield such as plumber, painter, electrician, roofers, waterproofers, and other who normally work as " subs" for a prime contractor. The term Contractor is also known as Builder or Constructor. The Licensed Contractor is also categorized depending on his length of experience, projects made, equipment owned and financial capability as follows: Category "A"
very large and complex projects
Category "A" Category " B" Category "C"
large projects medium large projects medium size projects
small projects Category " D'' Specialty Contractors - indicate expertise, such as waterproofing and painting The building trades such as mechanics, carpenters, welders, masons, steelmen, roofers, painters, electricians, plumbers, and many others are also necessary for the construction of a project . Many tradesmen are represented on a project but have little direct contact with the architect or engineer. They are employed by the c ontractor or sub-contractor . MANUFACTURING INDUSTRY Every mat~rial or processes must have a starting point and this is the function of the manufacturer. Many of the raw materials are of such a nature that the architect may have only slight contact w ith their producers. Most of the direct contacts that an architect has with material producers is through the MANUFACTURER'S REPRESENTATIVE who periodically c alls upon the architect. These very capable people know all about their own companies products. advantages, disadvantages, costs, availability and similar factors. In addition, most good representatives are also familiar with their competition. The manufacturer's "rep" should be very important to the AiE and usually Is. Catalogs, data sheets, samples, technical knowleldge and other valuable information is provided through this individual. Most ~ ·reps" visit AlE offices on some schedule which may vary from as often as weekly to as seldom as once per year. These visits are greatly influence by office locat ion, amount and type of work the office handles, product manufactured. and the en efgy or interest of the manufacturer's representative. Some AlE offices have definite times when they will talk to manufacturer's "reps" and usually have closer relations~ips with some than with others. A
good relationship, however, is usually very beneficial to the A/E, since it provides a valuable in· formation source. Fabri cators may be classed by some as the .same as manufacturers, however, there j s a little difference. Manufacturers usually produce a single materials or a group of materials in the same general area. With some of the very large companies there may be several of these groups, each with a number of related products also, but their products are a combination of materials from a number of sources. They too may have representatives similar to major manufacturers of raw materials and their "reps" operate in a similar manner . To the A /E there is little dif· terence since ·either or both may be providing materials for a project that the A/E has in the planning stage or under construction. Still further along the product line is the local materials distributor. These firms normally represent a number of manufacturers and handle several related products. Subcontractors buy their supplies from such firms when quantities or other circumstances make it uneconomical to purchase directly from the manufacturer. While t he distributor is vitally interested in sales, and the A/E actually buys very linle, good contact with a local distributor may provide good information as to availability, cost, or related problems. Occasionally such contacts may even lead to new clients.
CONTROl AUTHORITIES The Building Official, who shall be appointed by and under the direct supervision of the Minister of the Ministry of Public Works, shall be primarily responsible for the enforcement of the provisions of the National Building Code of the Philippines (P.O. 1 096) as well as the Implementing Rules and Regulations issued therefor. He shall have overall administrative control and/or supervision over all work pertinent to building within his area of responsibility and shall have direct charge of processing of all building permit applications on the basis of land-u se and architectural , structural and geodetic {line and grade), sanitary and plumbing, electrical, mechanical and fire as w ell as other standard requirements, rules and regulations promulgated in accordance with the National Building Code. He shall review and evaluate the design, plans and programs with the corresponding specifications, estimates and other necessary building documents of all building projects under his charge. He shall inspect the construction, repair, addition, renovation and/or demolition of all buildings
in accordance with the National Building Code and approved Land-Use or Master Development Plan of the City or Municipality and shall have the right to enter into any building, building site, or its surrounding premises and into any new or unoccupied building or building complex. The owner of said building or building complex and building site, shall be duly informed of the findings and recommendations by the Building Official within a reasonable period of time. The inspections are simply to assure that the actual construction is in accordance with the approved construction documents. After construction has been completed, an additional check is required and a permit of occupancy especially of living accomodations is enforced.
In addition to building official' s checking, there may be quite a number oi others that need to review and approve construction documents. Fire departments check the fire code requirements. There 6s also the new Environmental control organizations to check the conditions on the effect of pollutions. etc. and of course for any other factors that may affect the health or safety of the publ ic. Deed restrictions, usually written by the original land developer, control such thing as minimum area of floor space, type of roofing, or wall surfaces, fences and even landscape work. The restrictions go with the purchase of the land and usually are enforced by a committee of people selected by local property owners.
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Planning Commissions or departments review documents for compliance or conflict with predetermined area planning and may issue pefmits or variances as occasion requires. The NHA or National Housing Authority is the construction agency of the Ministry. It is responsible for undertaking housing development and resettlement and for prescribing guidelines and standards for the reservation, conservation, and utilization of public lands identified for housing and resettlement.
RELATED E'-EMENTS In addition to those actually engaged in various phases of the construction of a project there are many others "behind the scenes" who are vital to the industry. These are so-called support operations. They include financial, real estate, insurance, economic surveys. topographic surveys, testing end a possible tong list of others. Financing of a project is seldom accomplished by tote\ "cold cash'' supp\ied by the owner. Even with tax-supported projects it is often necessary to supply construction money by them than "cold cash". Banks and savings and loan organizations lend money by mortgage on the property savings accounts which they lend at a profit. Savings and loan organizations obtain their money by reinvesting in real property via the loan plus Interest route. Some financial organizations or real estate firms also make sources who wish to earn more interest than is generally possible through other investments. Insurance companies and similar organizations also have money to lend through various channels so they are also in the financial business related to construction. The matter of finances actually controls almost any project. Fjrst there is a construetion budget that the A/E firm must meet and by which the contractor's bid is judged. Quite often, even before the Al E or contraCtor enters the picture, the financier may have made some commitment to the owner. During construction it is not unusual for payments to be made to the contractor by a voucher system from the lender, and of course a large ma}ority of construction, especially residential, is financed by long-term mortgages. The phrase "money talks" is certainly true in the construction field, but perhaps "money controls'' should be substituted instead. Insurance companies, in addition to being a possible sources for financing, are interested in, and can advise on, various materials that may influence insurance premiums after the project is constructed. In some cases, primarily industrial projects, the new plant is planned with the same cere in regafd to insurance requirements as it receives in regard to building code requirements. Perhaps a less obvious relationship is that of the casualty insurance carried by the architect, engineer, and contractor. In most states some state-sponsored or approved insurance is mandatory even if the firms involved do not think such coverage necessary. Another contact by the A/E with the insurance company may be in connection with his own errors-and omissions insurance, or with processing of contractor's bonds If the cQntractor has trouble in completing .the project properly. Real estate organizations of several types may also be involved. In relation to smaller projects the real estate contract may be only for completion of purchase of a parcel of property and the proper processing of the deed by title insurance or abstract. In some cases the reaJ estate firm is engaged in finding the right property wi~hin parameters established by the owner. In a few cases larger real estate firms are the owners and developers. And in some office building projects the real estate organization carries considerable weight in decisions which may affect their handling of leases for space. Some real estate firms are also directly or indirectly involved with management or building construction projects. Very few A/E firms are directly involved as actual real estate operators, although several may be Indirectly Involved by their members also belonging to land development firms. Developer organizations ere involved in all the facets of the construction process. Such organizations buy the land, plan the development, provide construction documents, build the project, sell the project, and perhaps continue as managers or at least as advisors. They either have all of the personnei and facilities "in-house" or they operate as brokers and employ firms with the desired expertise.
230
Project Classification PROJECT CLASSIFICATION Architectural work varies in complexities and in the creative skill required to successfully meet the requirements of the client w it hin the constraints of the technical, functional, economic, aesthetic and other considerations. The following groups of buildings are attempts to classify design projects in accordance with the degree of complexity of each project. The architect's fee includes the normal structural, electrical, plumbing/sanitary, and mechamcal engineering services and is determined by getting the percentage indicated in the scheoule of Fees and multiplying it w ith the Project Construction Cost.
SCHEDULE OF MINIMUM BASIC FEE
Group- 1 Structures of simplest , utilization character which are without c omplication of design or detail and require a minimum of fini sh, structural , mechanical and electrical desig n. Armories Bakeries Farm struct u res Freight facilities Hangars Industrial buildings Manufacturing/Industrial plants Packaging and processing plants
Parking structures Printing plants Public Markets Service garages Simple loft·t ype struct ures Warehouses Other similar utilization types of buildings
PROJECT CONSTRUCTION COST ~
M INIMUM BA SIC FEE
50 Million and less .................. ............ ............ . Over tt 50 Million t o I' 100 M illion ....... Million ..... . .
6 Percent
Over~
100 Million to~ 200 M illion
1' 5, 50 0 ,0 00 plus 4 percent of excess of
Over I' 200 Million to Jl' 500 Million
I' 9 ,500,000 plus 3 percent of excess of Ill 200 Million
Over ft 500 Million to Jl' 500 Million
,. 9 , 500,000 plus 3 perce nt of excess of Ill 200 M illion I' 1 8 , 500,000 plus 2 percent of excess of ,. 500 M illion ft 28,500,000 plus 1 percent of
Over Jl' 500 Million to 1' 1 Billion . ... ......... .... .......... .. Over P 1 Billion
I' 3 ,000,000 plus 5 percent of excess of 1' 50 Million
excess of P 1 Billion
Group- 2
Structures of moderate complexity of design requiring a moderate amount of structural, mechanical and electrical design and research Art galleries Banks, Exchange and other financial · institutions Bowling Alleys Churches and Religious facilities City HaHs College buildings Convents, Monasteries and Seminaries Correctional and Detention Institutions Court Houses Dormitories Exhibition Halls and Display structures Fire Stations laundries Motels and Apartels Multi-storey apartments
Nursing Homes Office Buildings Park, playground and open-air recreational facilities Police Stations Post Offices Private Clubs Publishing Plants Race tracks Restaurants Retail Stores Schools Shopping centers Specialty shops Supermarkets Welfare Buildings
And other structures of similar nature or use
PROJECT CONSTRUCTION COST
MINIMUM BASIC FEE
P 50 Million and less ......................................... .
7 Percent
Over P 50 Million to P 100 Million ..................... ..
P 3,500,000 plus 6 percent of excess of P 50 Million
Over II' 100 Million to II 200 Million
P 6,500,000 plus 5 percent of excess of P 100 Million
Over P 200 Million to P 500 Million
P 11,500,000 plus 4 percent of excess of P 200 Million
Over P 500 Million to P 1 Billion
P 23,500,000 plus 3 percent of excess of P 500 Million
Over P 1 Billion ................................................ .
P 38,500,000 plus 2 percent of excess of P 1 Billion
Group- 3
Structures of exceptional character and complexity of design or requiring comparatively large amounts of structural, mechanical and electrical design and research. Aquariums Atomic facilities Auditoriums Airports Breweries Cold storage facilities Communications buildings Convention Halls Gymnasiums
Laboratories Marinas Medical Office facilities & Clinics Mental Institutions Mortuaries Observatories Public Health Centers Research facilities Stadiums
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Hospitals and Medical buildings Hotels
Theaters and similar facilities Veterinary Hospitals
And other structures of similar nature or use
PROJECT CONSTRUCTION COST
MINIMUM BASIC FEE
P 50 Million and less ................ ; ........................ . Over P 50 Million to P 1 00 Million .... ... ..... .......... .
8 percent . P 4 ,000 ,000 plus 7 percent of excess of P 50 Million P 7,500,000 plus 6 percent of excess of P 100 Million P 13,500,000 plus 5 percent of excess of P 200 Million P 28 , 500,000 p lus 4 percent of excess of P 500 Million P 48, 500,000 plus 3 percent of
Over P 100 Million to P 200 Million ................... .. Over P 2 00 Million P 1 Billion .......... .. .............. .. . Over P 500 Million to P 1 Billion .. ..... .. ...... ... ....... . Over P 1 Billion ............................................... ..
excess of P t Billion
Group - 4 Residences (Single Detached or Duplex), small apartment houses and town houses.
10 percent of Project Construction
Minimum Basic Fee
Cost
Group- 5 Monumental buildings and other facilities requiring consumate design skill and much precise detailing. Exposition and Fair Buildings Mausoleums , Memorials Monuments Museums Minimum Basic Fee .. .. ...................... ... .
Group -
6
Specialized decorative bulldings And structures of similar nature or use
1 2 percent of Projec t Construction Cost
Repetitive Construction of Building•
When the design of the Architect is used again tor the repet itive construction of similar structures. without amending the drawing and the specifications, the Architect's fee is computed as follows: First Structure ...... ................................ ... ...... .. Second Structure ........................................... . Third Structure ............. .. .............. .. ................ . Succeeding structure
Group - 7
Minimum Basic Fee 80% of Basic Fee 60% of Basic Fee 40% of Basic Fee
Housing Projects
When the Architect ia engaged to undertake a HOUSING PROJECT involving the construction of several residential units on a single site with the u~e of one basic plan and specifications, the MINIMUM FEE chargeable thereunder·. shall conform with the following:
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First Unit . .. ............. .. .. .. .. ...... ... .... .. ... ..
1 0 Percent of the Const ruction Cost of one unit as Basic Fee
From two to ten units .... .... ..... .. .......... ..
Fee of one unit plus 60% of Bas ic Fee tor each additional unit
Eleven units and above .... .. ........ .......... .
Fee for 1 0 units plus 30% of Basic Fee for each additional unit.
Group - 8 Projects involving extensive detail such as furniture design, built-in equipment, special f ittings, screens, counters, interiors and other detailed. parts of appurtenances of buildings or structures and landscaping designs. Minimum Basic Fee ... ...... ................... ..
1 5 Percent of Project Construction Cost
Group- 9 For alterations and additions of existing structures belonging to Group· 1 to 5 enumerated above, compensation for services should be increased by 50 percent or a total of 1 50 percent of the Basic Fee.
Group -
10 Consultations and Arbitrations
Where the Architect is engaged to render opinion or gi ve advise, clarifications or explanation on technical matters pertaining to his profession, the Minimum Fee chargeable thereunder shall not be less than Two Hundred Pesos (P200.00) * per hour subject to increase depending on the extent and coverage of service required. When rendering service as an expert witness, the Architect's Fee shall not less than Five Hundred Pesos {P500.00)* per appearance irrespective of whether the scheduled hearing took place or not. "All references to f ixed amount shall refer to the value of the Peso as of November 1979. Adjustment of the price shall be made at the t ime of the contract .
235
Spectrum of the Architect's Services THE SPECTRUM OF THE ARCHITECT'S SERVICES The Spectrum of the Architect's services extends over the entire range of activities that proceed from the time the idea is conceived, perfected , transformed into sets of spacei des ign requirements, translated into str~cture through design, built used and become a permanent feature of the man-made environment. The Architect's services consist of the necessary conferences, deliberations, discussions, evaluations, investigation s. consultations, advise on matters affecting the scientific , aesthetic and orderly coordination of all the process of safeguarding life, health and property which enter into the production of different levels and sophistications of man-made structures and environment. The entire range of the Architect's services are divided into seven (7\ ma)or services as follows: 1 . PRE-DESIGN SERVICES .................... ................ ........ .. . This include Architectural Programming , Feasibility, study , site study, cost effectiveness study and others.
UAP Doc 201
2. DESIGN SERVICES ............. ... .................................... .
UAP Doc. 202
The Architect's Regular Services
3. SPECIALIZED ALLIED SERVICES ..... ...... ................ ...... .
UAP Doc. 203
This include Planning, Interior, landscaping, Acoustics, communications and Electronic Engineering . 4 . CONSTRUCTION SERVICES ... ..... .. ...... ......... .... ......... ..
UAP Doc. 204
Full-time supervision, construction Management.
5. POST CONSTRUCTION SERVICES .............................. ..
UAP Doc. 205
Buildings and Grounds Administration
6. COMPREHENSIVE SERVICES
UAP Doc. 206
Project Management Service
7. DESIGN-BUILD SERVICES ......................................... ..
UAP Doc. 207
Administering the Construction. DOC. 201
PRE-DESIGN SERVICES
There are many instances where the Architect is called upon by the client to perform services other than purely architectural or designing services. For the Architect to effectively assist and serve his client in Pre-design services, special training will be required leading to a broad background in real estate, finance, business, taxation, human behavior, space programming, and others, to supplement the architect's sk.ilt as a researcher, space activities organizer, coordinatOf and manager of the various activities of professionals and tradesmen.
It would not be expected however, that the architect would actually perform services in all such fields, but rather~ he would act as the agent of his client in producing some of the necessary services that he and his staff cannot provide . It is his task to coordinate these ser-
238
vices so that acting for his client, he can retain the degree of control and coordination of activities necessary to assure the client of a more unified result. The several activities that fall under the pre-design services are as follows:
1 . Economic Feasibility Studies. A study to determine the viability of a project such as its cost of development versus its potential return to the Owner. A detailed costbenefit analysis can guide the client and the architect in selecting a more viable alternative plan. (See page 426) 2. PROJECT FINANCING
Architects assist in the determination of requirements of lending agencies, incomeexpense relationship and relative demand for different building types in actual financing negotiations.
3. ARCHITECTURAL PROGRAMMING Investigating, identifying and documenting the needs of the client for use in the design of the project.
4. SITE SELECTION AND ANALYSIS Assisting the client in locating sites for the proposed project and evaluating their adequacy with regards to topography, subsurface conditions, utilities, development costs, climate. population. legal considerations and other factors. 5. SITE UTILIZATION AND LAND-USE STUDIES A detailed analysis of the site to develop its potential through the proper utilization of land.
6. SPACE/MANAGEMENT STUDIES Analysis of the space requirements of the project based on organizational structure and functional set-up. One method is to use human behavior and transaction analysis to pinpoint Linkages and interactions of spaces. The services cover space use and space character analysis, work station and space module design and a space program to serve as basis for architectural design. 7. PROMOTIONAL SERVICES
In some cases, the project would require promotional activities in order to generate financial support and acceptance from governing agencies or from the general public. The Architect with his own staff. can accomplish many of these activities including preparation of promotional designs, drawings, brochures and the like. As the agent of the Owner, the Architect can produce and coordinate the additional activities necessary to complete the services.
METHOD OF COMPENSATION
The Architect's services for the Pre-Design Phase were creative designing is not included are often compensated for on the basis of multiple of direct personnel expense. This cost based method of compensation is directly related to the Architect's and his consultant's effort where they are compensated for every technical hour expended on the project with a multiplier to cover overhead and a reasonable profit. This method is suitable for projects in which the scope of work is indefinite, particularly for large complex projects. Progress Payment for Services shall be made based on the accomplishments of the work of the Architect.
239
DOC. 202
ARCHITECT'S DESIGN SERVICES
A. REGULAR SERVICES
The architect, in regular P.ractice normally acts as his client's or the Owner's adviser. He translates the Owner's needs and requirements to spaces and forms in the best manner of professional services, he. can render. The Architect's work starts at the very inception of the project when the Owner outlines his requirements to him. It renges through his study and analysis of the various aspects of the project, goes through the preparation of the necessary instruments of service and through the multitude of construction problems and does not terminate until the project is completed. In effect, the Architect renders services whose sequence come in four phases as follows:
a. Schematic Design Phase b. Design Development Phase c. Contract Documents Phase and d. Construction Phase Phaae 1
SCHEMATIC DESlGN
a. Consults with the Owner to ascertain the requirements of the project and confirms such requirements with him. b. Prepares schematic design studies leading to a recommended solution including general description of the project for approval by the Owner.
a
c. Submits to the Owner a Statement of Probable Project Construction Cost based on current parameters.
Phase 2 DESIGN DEVELOPMENT a. Prepares from approved Schematic Design Studies, the Design Development Documents consisting of plans. elevations, and other drawings, and outline specifications, to fix and illustrate the size and character of the entire project in its essentials as to kinds of materials, type of structure, mechanical, electrical and sanitary systems and such other work as may be required. b. Submits to the Owner a further Statement of Probable Project Construction Cost. Phase 3
CONTRACT DOCUMENTS (see pp. 47-52, p. 460)
a. Prepares from approved Destgn Development Documents,·the complete Construction Drawings and Specifications setting forth in detail the work required for the architectural, structural, e4ectrical, pfumbing/sanitary, mechanical and other serviceconnected equipment. b. Prepares specifications describing type and quality of materials, finish, manner of construction and the general conditions under which the project is to be constructed. c. Furnishes the Owner not more than five (5) complete sets of all construction drawings, specifications and general conditions for purposes of bidding. d. Keeps the Owner informed of any adjustments to previous Statements of Probable Project Construction Cost indicated by changes in scope, requirements or market conditions. · e. Assists the Owner in filling the required documents to secure approval of govern ment authorities having jurisdiction over the design of the Project.
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Phase 4
CONSTRUCTION.
a. Prepares forms for contract letting, documents for construction, forms for invitation and instruction to bidders, and forms for bidders' proposals. (see p. 477) b. Assist the Owner in obtaining proposals from Contractors, in preparing abstract of bids and in award.lng and preparing construction contracts. c. When required in the qontract, makes decisions on all claims of the Owner and Contractor and on all other matters relating to the execution and progress of work or the interpretation of the Contract Documents. Checks and approves samples, schedules, shop drawings and other requirements subject to and in accordance with the descriptive information and provisions of the Contract Documents, prepares change orders, gathers and turns over to the Owner written guarantees required of the Contractor or sub-contractors. d. Makes periodic visits to the project site to familiarize himself w ith the general progress and quality of the work and to determine whether the work is proceeding in accordance with the Contract Documents. He shall not be required to make exhaustive or continuous 8-hour on-site supervision to check on the quality of the work involved and he shall not be held responsible for the Contractor's failure to carry out the construction work in accordance with the Contract Documents. During such project site visits and on the basis of his observations he shall report to the Owner defects and deficiencies noted in the work of Contractors, and shall condemn work· found failing to conform to the Contract Documents. e. Based on his observations and the Contractor's Applications for Payment, he shall determine the amount owing and due to the Contractor and shall issue corresponding Certificates for Payment for such amounts. These Certificates will constitute a certification to the Owner that the work has progressed to the state indicated and that to his best knowledge the quality of work performed by the Contractor is in accordance with the Contract Documents. He shall conduct the necessary inspection to determine the date of substantial and final Certificate for Payment to the Con· tractor.
f. Should more extensive inspection or full time (8-hour) construction supervision be · required by the Owner a separate full-time supervisor shall be hired and agreed upon by the Owner and the Architect subject to the conditions provided in the UAP Document on Full-Time Supervision. When the Architect is requested by the Owner to do the full time supervision his services and fees shall conform to the same UAP Document. B. PAYMENT SCHEDULE 1. Payments on account of the Architect's basic services shall be as follows: a. Upon the signing of the Agreement a minimum payment equivalent to five percent . (5%1 of the compensation for basic services. 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 ( 1 5%} of the Basic Fee, computed upon a reaaonable estimated construction cost of the structure . c. Upon the completion of the, Design Development Services but not more than 1 5 days after submission of the Design Development to the owner, a sum sufficient to increase the total payments on the fee to thirty-five percent (35%) of the basic fee computed upon the same estimated construction cost of the structure as in (b).
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d. Upon the completion of the Contract Documents Services but not more than 1 5 days after submission of the Contract Documents to the Owner. a sum sufficient to increase the total payments on the fee to Eighty-five percent (85%) of the Basic Fee computed upon a reasonable estimated construction cost of the structure as in (b).
e. Within 1 5 days after the awards of Bids, the payment to the Architect shall be adjusted so that'' w ill amount to a sum equivalent to eighty-five percent (85%) of the Basic Fee, computed upon the winning Bid Price. f. Upon completion of the construction work, the balance of the Architect' s fee, computed on the Final Project Construction Cost of the structure shall be paid.
2. The Owner shall 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. C. OWNER'S RESPONSIBILITIES 1. Provide full information as to his requirements for the project . 2. Designate when necessary, representative authorized to act in his behalf. Examine documents submitted by the Architect and render decisions pertaining thereto prompt ly, to avoid unreasonable delay in the progress of the Architect's work. Observe the procedure of issuing orders to contractors only through the Architect. · 3. Furnish or direct the Architect to obtain at the Owner's expense, a certified survey of the site, giving as may be required, topographical surveys, grades and lines of streets, alteys, easements. encroachments, zoning, and deed restrictions, boundaries, with dimensions and complete data pertaining to existing buildings, and other improvements and fult information as to available utility service lines both public and private; and test borings and pits necessary for determining subsoil conditions. 4 . Pay tor structural, acoustical, chemical, mechanical, soil mechanics or other tests and reports as may be required for the project. 5. Pay for design and consultancy services on acoustic, communication, electronia and other specialty systems which may be required for the project. 6. Arrange and pay for such legal, auditing, and insurance counselfing services as may be required for the project . 7. Pay for all reimbursible expenses incurred in the project as called for in Section 6 "Other Conditions on Services" and all taxes (not including income tax) that the government may impose on the Architect as a result of the services rendered by the Architect on the project whether the services were performed as an individual practit ioner, as a partnership or as a corporation. 8. If the Owner observes or otherwise becomes aware of anything that may impair the successful Implementation of the project, he shall give prompt written notice thereof to the Architect. D . OTHER CONDITIONS ON SERVICES 1 . Conditions for Minimum Basic Fee The "Minimum Basis Fee" referred to in Section 3.0 applies to construction work done by a Contractor on the basis of a Lump Sum Contract. Construction works that are let on cos.t-plus-fee basis, or on any basis other than the Lump Sum Contract, where the Architect has to render additional services shall be subject to additional
.242
compensation commensurate with the additional services required. Such additional compensation shall be in addition to the minimum Basic Fee . 2. Other Professional Services The Architect's fee includes normal structural, electrical, plumbing/sanitary and mechanical engineering services. Other services that may be needed in order to complete the project such as services of acoustic and illumination engineers , mural . painters, sculptors, interior decorators and landscape architects are to be recommended by the Architect for the Owner's approval and costs for these services are to be paid for separately by the Owner. 3. Miniature Models The Architect may make and include miniature models of his design studies as part of his preliminary work if he so deems it to be necessary but no extra charge for such miniature models shall be made by the Architect. However, if the Owner desires to have a miniature model of the final and approved design for exhibition and display purposes, the Owner shall pay for the cost of said miniature model. 4. Per Diem and Travelling Expenses A per diem of not less than P500 .00* plus traveling and living expenses shall be chargeable to the owner on any occasion where the Architect or his duly authorized representative shall be required to perform services at a locality beyond the radius of 100 kilometers from his established office. *All references to fixed amount shall refer to the value of the Peso as of November 1979. Adjustment of the price shall be made at the time of the contract. 5. Extra Sets of Contract Documents The Architect shall furnish the Owner five (5} sets of Drawings, Specifications and other contract documents. Cost of printing or reproduction of extra sets of Contract Documents when required by the Owner or his representative is to be charged to and paid for by the Owner. 6. Changes Ordered by Owner If the Architect is caused additional professional services, extra drafting or other office expenses due to changes ordered by the Owner after approval of the Qesign Development Documents, he shall be paid for such expenses and services involved. The amount. of compensation and the extension of time for the completion of the documents shall be upon mutual agreement of both parties . 7. Work Suspended or Abandoned If the work of the Architect is abandoned or suspended, in whole or in part, the Architect is to be paid by the Owner for the services rendered corresponding to the fees due at the stage of suspension or abandonment of the work. The primary service of the Architect is the preparation of plans, specifications and other building construction documents which are actually sets of detailed instructions ·that shall serve as the basis for the Contractor to build the Project. Once the Architect has prepared all these documents he has completed the Contract Documents Phase of his services which is equivalent to EIGHTY FIVE PERCENT (85%) 'of his work. Theremaining FIFTEEN PERCENT (15% of his work is broken down as follows: TEN PERCENT (t0%i for the Architect's liability under the Civil Code - and FIVE PERCENT (5%) for the construction phase service which includes preparation of contract documents forms and periodic visits during the construction . .243
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 t he sum corresponding to EIGHTY FIVE t85%) PERCENT of his fee. 8. Different Periods of Construction. If portions of the buildings are erected at different periods of time, thus increasing the Architect's construction phase period and burden of services, the charges pertaining to s.ervices rendered during the construction phase shall be doubled. A suspension of construction for a period not exceeding six (6) months shall not be covered by this provision. 9. Services of Consultants If the Owner desires to engage special consultants, such consultants shall be with the consent of the Architect and the cost of their services shall be. paid for separately by the Owner and shall not be deducted from the fees due the Architect. 10 . Separate Services Should the Owner require the Architect to design or plan movable or fixed pieces of furniture, cabinets, covered walks, grottos, pools, landscaping and other items of similar nature, the Owner shalf pay the Architect in addition to the Minimum Basic Fee, a compensation in the amount of Fifteen Percent (1 5%) of the Construction Cost of the above work . . 1 1 . Fuil-Time Supervision Upon recommendation of the Architect and with the approval of the Owner, full-time construction inspectors as will be deemed necessary shall be engaged and paid for by the Owner. The full-time construction inspectors shall be under the technical control and supervision of the Architect and shall make periodic reports to the Owner and to the Architect as to the progress and quality of the work done. 1 2 . Estimates Any Statements of Probable Construction Cost, or any Semi-Detailed or Detailed Cost Estimates submitted by the Architect is accurate only up to e certain degree. Tt1is is so because the Architect has no control over the cost of labor and materials, or the many factors that go into competitive bidding. 13. Government Taxes on Services The Architect's Fee as stipulated in Section 3 "Minimum Basic Fee" is net to the Architect. Any tax that the government may impose on the Architect as a consequence of the services performed for the Project (exclusive of income tax) shall be paid by the Owner. 14. Ownership of Documents All designs, drawings, models specifications and copies thereof, prepared and furnished by the Architect in connection with any project are instruments of professional service. As instruments of service they are the property of the Architect whether work for which they were made may be executed. or not, and are not to be reproduced or used on the other work except with a written agreement with the Architect. This is in pursuance with the pertinent provisions of Republic Act 546 promulgated on June 17, 1950 and of Presidential Decree No. 49 on the "Protection of Intellectual Property" Issued on November 14, 1972.
1 5. Cost Records During the progress of work the Owner shall furnish the Architect two (2) copies of records of expenses being incurred on the construction, upon completion of the project, the Owner shall furnish the Architect two (2) copies of thoe summary of all cost of labor, services, materials, equipment, fixtures and all items used at and for the completion of the construction.
16. · Design and Placement of Signs All signboards of contractors, sub-contractors, jobbers and dealers that shall be plac-
ed 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 and size of all signboards, letterings, directories and display boards that will be placed on the exterior or public areas attached to the building, in order to safeguard the Owner's interest that nothing will be installed inside or outside of the building that would man the safety and aesthetics of the structure.
1 7. Project Construction Cost Project Construction Cost as herein referred to, means the cost of the completed structure to the owner including plumbing and electrical fixtures, mechanical equipment, elevators, escalators, air-conditioning system, automatic fire sprinkler system, alarm and clock system, communications and electronic syGtem, elements attached to the building and all items indicated in the drawings designed by or specified by the Architect and his consultant. Other items if designed and planned by the Architect, such as movable or fixed pieces of furniture, cabinets, covered walks, grottos, pools, landscaping and other items of simitar nature are to be p~id for separately by the Owner to the A rchitect as stipulated in Section 6.10 (Separate Services) The Proj ect Construction Cost does not include any Architect's fee or Engineer' s fee or the salaries of the construction inspectors. When labor or materials are furnished by the Owner below its market cost, the cost of the work shall be computed upon such current market-cost.
DOC 203
SPECIALIZED ALLIED SERVICES
Architecture - the blending of aesthetics, functions, space and materials-results from the application of the skills of many people. Time and Technology have moved to a level where other allied professions are needed to complete, complement or supplement the necessary services for a building project. Today, the environmental design professions, of which architecture has a lead part, are inv~lved with a total commitment to i'mproving the way we live. The Architect's main responsibility to his client is to produce a structure that will house the actiyity it was intended for that is well-planned, soundly constructed, aesthetically satisfying and within the financial limitation of the project. The Architect's responsibility to society is to make sure that not the structure alone but also its physical environment can enhance the lives of all the people. He relates riot onty to purely design and build professions but to allied professions as well, to achieve totality in design. The design of the structure proper falls under the Architect's Regular Services (UAP Doc. 202). Design services needed within and outside the building which require specializations fall under "specialized Allied Services" namely:
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a. Interior Design. b. Acoustic, Communication and .Electronic Engineering. c. Landscape Design d. Physical Planning e. Comprehensive Ptanning A. INTERIOR DESIGN SERVICES
Depending on the complexity of the project, the Architect may get antatance from Consultants whose expert advice may be needed in the detailing of interior.elements.
SCOPE OF SERVICES 1 . The Architect, upon designing a structure, hou.es tpeeific activities by controlling the spaces where these activities ere to take place. The various spaces are designed to make the space fit the specific mood and the required activity.
Due to the discovery of new products and equipment, interior design has become a field of specialization . As such it offers the following services: a. Prescribes furniture and · interior des\gn finishes 'appropriate for different activities
and spaces and prepares furniture and futntahing layout. .
.
b. Prepares the design and schedule of furniture giv'ing their dimensions, specifications and locations. c. Assists the client in conducting bids or negotiations with furniture fabricators and other suppliers. d. Checks and approves samples of materials and shop drawings of furniture, furnishings, fixtures and decor items. e. Conducts final inspection and approval of furniture and other items. PAYMENTS
, . For projects including extensive detailing such as furniture design built-in equipment and special fittings, the Architect is paid 15% of the cost of the work . The fee may however vary from 12% to 20% depending on the complexity of the work to be undertaken. 2. The fee of the Architect as stipulated above includes the fee of the Consultant working with the Architect. 3 . Should the Client hire separately the services of the Consultant, the fee of said Consultant shall be on the account of the Client and paid directly by the Client. In such a case, the fee for the Architect for coordinating the work and relating the work of the Consultant to the design concept of the Architect will be 5% of the cost of the· work . 4. " Cost of the Work" means the total cost of the items which were either designed, speclfied or procured by the Architect and his Consultant for the Client, that were used or installed in the interiors of the building. 5 . The Architect shall be paid on the following schedule: a. Upon submission of the preliminary design - 30% of the fee. b. Upon submission of the final design - 50% of the fee. c. Upon compl.etion of the project- 20% of the fee.
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B. ACOUSTIC, COMMUNICATION AND ELECTRONIC ENGINEERING SERVICES Due t o the continuing evolution of products and techniques in sound control. communications and electronics, there is a wider flexibility in the design of the interior environment . The Architect is the prime professional commissioned by the Client to design the structure and all its utilities and to coordinate the works of all allied design professionals involved in the·project. As ·acoustic, communication and electronic engineering are fields of specialization , the allied professionals who wilt perform these services will serve as consultants to the Architect and the Client. The Architect shall coordinate their works and make certain that their inputs will comply to the requirements of the project and shall be compatible with the architectural design concept of the Architect. SCOPE OF SERVICES
The Architect and the Consultant offer the following services: a. Prepare the drawings and specifications for acoustic designs, acoustic treatment, sound control, sound reinforcement, sound insulation and communication system.
b. Prepare specifications of electronic equipment. c. Assist the client in the bidding or negotiation of the work. d. Check and approve samples of materials and equipment. e. Conduct final inspection of work and equipment.
f. Assist the Client to evaluate the amount due the Contractor. PAYMENTS
1 . The fee for acoustic, communication and electronic engineering services shall be f rom 10% to 15% of the cost of tlie work depending on the magnitude and complexity of the work required by the project. '· The fee of the Architect as stipulated above includes the fee of the consultants work· ing with the Architect.
3. Should the Client hire separately the services of the consultants, the fee of said consultants shall be on the account of the Client paid directly by the Client. In such a case, the fee of the Architect for coordinating the works of Consultants and relating their works with the design concept of the Architect will the 5% of the "Cost of the Work".
4. " Cost of the Work" means the total cost of all equipment, utilities and other items which were either designed, specified or procured by the Architect and his Consultants for the Owner, that were used or installed in the project.
5. The Architect shalt be paid on the following Schedule : a. Upon submission of the preliminary design- 30% of the fee
b. Upon submission of the final design - 50% of the fee
c . .Upon completion of the project - 20% of the fee.
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C. LANDSCAPE DESIGN SERVICES Arising from his concept of the total environment, the Architect is not merely concerned with the structure he created but the surround ing space as well. He studies the structure in relation with the existing environment and then consequently designs the surrounding areas of the structure so that the environment act as one Normally, landscaping of small projects can be done by the Architect and h·is staff. If the project, however, is big in scale, the Architect may hire other professionals Con· sultants. · SCOPE OF SERVtCES
In order to come up with a well-balanced design of the environment, the Architect offers the following services: a. Prepares the general ground modelling plan and planting layout.
b. Prepares drawings and specifications of needed utility lines. c. Prepares schedule of shrubs, trees and other plants. d. Prepare details of landscaping elements.
e. Assists the Client to evafuate the amount due the Contractor. PAYMENTS
1 . The fee for landscape design services shall be from 1 0% to 1 5% of the cost of the work depending on the magnitude and complexity of the work required by the project.
2 . The fee of the Architect as sti pulated above includes the fee of the Consultants work· ing with the Architect.
3. Should the Client hire separately the services of the consultant, the fee of said Consultant shall be on the account of the Client and paid directlv by the Client. In such a case, the fee of the Architect for coordinating the works of the Consultant and relating his work with the design concept of the Architect will be 5% of the "Cost of the Work" . 4. "Cost of the Work" means the total cost of all landscape work including the cost of utilities , landscaping materials and development of the site. 5 . The Architect shall be paid in the following schedu\e: a. Upon submission ·of the preliminary design - 30% of the fee b. Upon submission of the final design -
50% of the fee
c. Upon completion of the project - 20% of the fee D. PHYSICAL PLANNING SERVICES The Architect is not merely concerned with a structure. He is concerned with its relation with the immediate surroundings as well. In planning for building sites {industrial estates, shopping centers, etc) he studies the possible structures that will be sited there and their relation to other structures, the surrounding environment, and their effect and impact on the neighboring areas. If the Architect is commissioned to do physical plans for a specified site, he has to study human behavior and activities, look into the city's economic systems , its laws and regulations, tax structure, the city's infrastructure, utilities and on the whole, everything that will have a bearing on the project. When the Architect is exposed to all these aspects in suffi-
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cient detail he is engaged in the practice of a specialized service - that of Physical Planning. DEFINITION OF PHYSICAL PLANNING
Physical Planning is the art and science of ordering the use of land and siting of building and communication routes to secure the maximum practicable degree of economy , social amefllt ies, convenience and aesthetics. It is approached through a mechanism which integrates in time and space the following components: a. Physical, pertaining to the world of material things, the tangible and aesthetics. b. Social, concerned with the condition of people. c. Economic and administrative - including the science of management and resources. These components are used in reference to a smaller scale the siting of buildings and its influence on the neighboring areas to be affected. ROLE OF THE ARCHITECT -PLANNER
1. All ideas, concepts. needs and data eventually have to be translated into physical plans before they can be implemented. It is the Architect who provides a 3-dimensional perspective to 2-dimensional plan. By virtue of the Architect's training and experience in coordinating the works of a multi-disciplinary team, the Architect becomes the logical prime professional responsible for the direction of the team efforts to deal with the planning work. 2. The physical planning services of the Architect is separate and distinct irom the Architect' s regular services . The latter being concerned w ith the production of a structure of building with all its attendant sophistications and complexities while the former is concerned with the general quality of the setting for people, activities, buildings and other natural and man-made phenomenon. 3. Depending on the complexity of the project the Architect may hire additional Consultant whose expert advise may be needed to validate certain feature of the physical plan. The fee of any additional Consultant needed in the project must be paid for separately by the Client. PHYSICAL PLANNING SERVICES
When the Architect is commissioned to do physical planning for building sites such as Industrial Estates. Commercial Institutional and Government Centers. Sports Complexes. Tourist Centers . Resorts. Amusement Parks. Educational Campuses . Housing Subdivisions and the like, the services are as follows: a. Confers with the Client on project requirements and secures and/ or generates sufficient data base. from which reliable projections and/or analyses can be made for translation to physical design. b . Examines laws ordinances, rules and regulations affecting the project. c. Prepares concept development plans and report from relevant information gathered by other disciplines. d. Prepares scaled preliminary plans showing physical allocation of areas, roads and pedestrian arteries, basic utility layouts and building envelopes. e. Prepares' budgetary estimate of cost of physical development.
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f. Undertake modifications, revisions and changes as may be required. g. Prepares Final Pfans, Report and Specifications needed for approval by the proper government agencies concerned. PHYSICAL PlANNING SCHEDULE OF FEES Type 1.
Physical Planning for building sites such as Industrial Estates, Commercial Centers, Sports complexes, Resorts, Tourist Centers, Amusement Parks, Educational Campuses, Institutional and Government Centers end Site Planning of any complex consisting of several structures within a contiguous site.
-
• Basic rate for the first 50 hectares or less * Over 50 hectares up to 1 00 hectares
P 6,000 per hectare P 250,000 plus P 4,500 per per hectare in excess of 50 hectares
* Over 100
P 475,000 plus P 4,000 per hectare in excess
hectares up to 200 hectares
• Over 200 hectares
P 875,000 plus P 3,000 per per hectare in excess of 200 hectares.
* AU References to fixed amount are based on the 1979 purchasing value of the Peso. Adjustment of the fee shall be made at the time of the contract due to inflation and other factors .
Type 2 Subdivision Planning for housing on properties within Metro-Manila, cities regional centers and provincial capitals . * Basic rate for the first 1 00 hectares or less
P 3,000 per hectare
* Over 100 ·hectare
P 300,000 plus P 2,300 per
up
to 200 hectares
hectare in excess of 100 hectares • Over 200 hectares
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P 550,000 plus P 2,000 per hectare in excess of 200 hectares
Type 3 Subdivision Planning for housing on properties located on other localities beside those under Type 2.
* Basic Rate for the first 1 00 hectares or less
* Over 100 hectares up to 200 hectares
P
2,000 per
hectare
P 200,000 plus P 1,500 per hectare in excess of 1 00 hectares
* Over 200 hectares
P 350,000 plus P 1,000 per hectare in excess of 200 hectares
The rate stipulated under Article 5 above is based on the assumption that the land to be developed is moderately flat. If the land is rugged with steep terrain the fee shall increase by thirty percent (30%).
OTHER CONDITIONS ON PHYSICAL PLANNING
1 . The Architect may undertake the site planning of a project requiring a composite arrangement of several building envelop on a contiguous site of a moderate size of three (3) hectares or less. Any commission on physical planning of a larger magnitude or a complex nature, should be done by the Architect with several years of experience in planning or has had additional academic training in planning. He should most importantly possess administrative, technical and managerial ability aside f rom an equitable social commitment.
2. Should other services be required by the project, such as environmental studies, feasibility study, market analysis, movement systems, impact analysis and others, said services should be performed by an Architect acting as the prime professional of the team. 3. The cost tor environmental studies surveys, site investigation and titling of the parcels of land shaU be on the account of the Owner. 4. The detailed design of the building and landscaping elements is not part of ·physical planning services and shall be treated separately under the Architect~ Regular S9rvices" or "Specialized AJiied Services." · 5 . For the preparation of detailed engineering drawings and ~pacifications on roads, drainage, sewerage, power and communication system an additional fee of four percent (4%) of the cost of the development is to be charged.
E. COMPREHENSIVE PLANNING SERVIC~S EXPERTISE
Planning calls for the detailed study of physics!, social, economic and administrative component$ and as such requires the expertise and knowledge of other specialists. Comprehensive Planning Services is the range of all services offered by the environmentalp~anner from data base gathering to environmental impact statements up to the formulation of the Master Development Plan .
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In the formulation of the Master Development Plan, the following components are to be considered:
a. Physical Component Concerned with land use and the changes which occur w ithin the phyaice\ environment (within the space where these activities take place). b. Economic Component Concerned with the nation's assets and its management.
c. Socio-Cultural Component Concerned with the people their living conditions and the seeking of ways to ameliorate it. d. Transport Component Concerned with the movement of people and goods from one place to another .
e.
L~gal
and Administrative Component
Concerned with the relationship of policies to the existing laws.
THE ARCHITECT AS ENVIRONMENTAL PLANNER The Architect' s ability to synthesize and organize into a whole, various information relating· to the user's needs, user's perception and expectations, site and climatic factors, construction technology, materials, cost and other information has qualified him to take the lead ro\e in any undertaking that cut across various disciplines. The Environmental Planner is concerned with the management and use of land as weil as conservation and upgrading of the human environment. Since the Architect, with experience in planning has the social commitment end technical experience as coordinator of several disciplines, he is qualified as the Environmental Planner and leader of the multi· disciplinary team to offer Comprehensive Planning Services.
COMPREHENSIVE PLANNING SERVICES When the Environmental P1anner is commissioned to do town and regional planning or urban renewal projects, he performs the following:
a . Identifies existing la{ld use, resources. social behavior and interaction. b. Undertakes environmental analysis feasibility studies, demographic analysis.
c. Examines existing laws, ordinances, political/Social constraints. d. Prepares concept development plans, policies. implementing strategies to arrive at the Master Development Plan .
COMPENSATION FEES As a specialized service, the Architect shall be compensated for by the following methods:
a. Professional Fee plus Expenses The fee of the Architect-Planner for the Physical planning component is basad on the schedule prescribed under UAP Doc. 203~d "Physical Ptanning Services" while the fee for consultants, researches and oth8f' out of pocket expenses are reimbursable to the Architect.
b. Multiple of Direct Personnel Expense Refer to UAP Doc. 208-b "Methods of Compensation" for details.
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Office Organization OFFICE ORGANIZATION Completion of registration as an architect seems to inspire the new architect into considering a practice of his own. In many cases he may have been employed by a firm for several years, and while having been periodically promoted, may not entirely be satisfied with the prospects of his future. He may have been offered a commission to do a project on a "moonlighting' ' basis or the office in which he works may have passe.d along a small project which they could not handle for some reason. Probably everyone dreams of someday being "the boss" and young architects are no exception. In addition, the actual cash or equipment required to start an office for the practice of architecture or engineering is quite minimal. For young people, the starting of an office should not be too difficult, considering the possible workload that may be available. The young architect has, by this time, been an employee of a larger firm and should been able to observe quite a bit of the requirements. He should be familiar with most of the operations necessary for the production of contract documents. He may not be too familiar with the business end, the cash flow •.or the process of finding clients. One of the biggest surprises may be the number of hours that are worked per week. As an employee he probably worked a standard 40-hour week and had vacation or sicktime lei!lve. With a beginning practice, and perhaps for quite a while after starting, the 40-hour week will he a forfeited pleasure, and the new architect will work days, nights, and weekends to keep his office open.
EXPERIENCE OR NOT General experience may be difficult to come by in the larg·er office, but any experience is better than none at all. Fortunately, the two years required between college graduation and possible registration allows for the gain of much experience. Some people will have been project architects the larger offices and will have actually run jobs from client contacts and conferences, handling the design, supervising the preparation of contract documents, and all of the details of construction. Others may not have been so fortunate in having a varied background, but may have been excellent in one of perhaps two phases of the complete process. Too often this is just not enough.
in
Quite often also, two people, working side by side or in different offices, decide to start together. If both these individuals have the same expertise or specialty the joint arrangement is almost predoomed to failure unless one or the other changes. A union of two designers quit e often results in both wanting to design but neither "keeping the store open" by handling the business or production end. The same situation may result when the expertise or experience is in some other area of the business. Perhaps the best preparation for successful office where employees customarily are continualfy exposed to most all phases of the business. By this exposure they may develop a special interest or ability which could be most helpful. In a good many cases the person with limited experience is resttess enough to trv his own office, but after a few months or years find that the business ;end is not for him and returns to working for someone else. Others may team up with someone else to handle the portion of the work that they don't like or can't do. Perhaps one of the best activities in which the budding architect can engage is_li quick course in business methods at a local college, if they have not previously had that opportunity. Despite the feeling that architecture is an art, It ,also Is a business and must shovv a profi t if the architect expects to continue a practice.
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FIVE PRIMARY TYPES OF OFFICE ORGANIZATION. 1. SINGLE PROPRIETOR
The individual owner or single proprietorship type of operation is still alive and going well in many cases. The Primary advantage, of course; that the proprietor is his o.wn boss and can accept or reject any clients as he feels inclined. This may be good or bad. If there are enough clients with the right kind of projects, the new firm should not have much trouble. However. if the proprietor is a little particular about the type of work he does, and there isn't enough of that available, the going may be a bit more difficult. There is a considerable satisfaction in doing only the interesting and challenging projects, but many young offices fi nd that some compromise is usually necessary.
is
The disadvantages seem to outweigh the .advantages. While the architect m.av be a good aesigner and like 'this'part ot the-totai wo-rk, someone must be out finding more work to keep the office alive. The same is of course· frua·· other phases of the project. Finances to operate the offices are available through only one source - the owner. When the architect is out of the office, too often the office Is closed, with the possibility of missing important telephone calls manufacturer's. representatives, or prospective clients. A small office usually does small work-perhaps better quality, but nonetheless small in size or peso .. value. If draftsmen are employed. there Is always the problem ·of keeping them busy if projects are not available, and the additional lack of ability to do all phases of the project may cause some problems . Smaller offices seem to employ less experienced draftsmen, probably because salary outlay is lower, so the draftsmen may not be as thoroughly trained or able to make decisions without approval from the "boss". And certainly, if any trouble arises on a project or a court decision is given against the office, the single proprietor is the one who a5sumes the entire load-perhaps to bankruptcy.
to do
of"all
For those who like to have the entire responsibility, and can handle the financl.aland other aspects that go with it, single proprietorship is certainly rewarding. There is a pride in being able to feel that you, and you alone, operate a successful business doing quality work. There is also a responsibility · to any employees to keep them happily employed and of course to the architect's family. The latter can be a major problems since.. many more hours, nights, and weekends will be used in finding work and processing it properly. Until a single-proprietor office really develops, there is usually a minimal chance that multi· million pesos projects will be offered, due strictly to office size, but as the office continues to grow this deterrent mav be gradually eliminated. · The principal disadvantage of the small office is the simple fact that the office is small. Work that requires more facilities than are available in this size office may go elsewhere simply because of this fact. One method that may be used is, of course, to increase the of· fice force as occasion warrants. This means violent changes in operation and additional paper work . Joint-ventUres with other offices mf)y also be the answer, but limit the freedom experienced by the single proprietor . The fact that an office is led by a single proprietor also does not necessarily mean that it has to be small. Quite a few iarge offices. . started as a small single-owner operations, but grew by good management and still main· tained the single-owner status by employing the expertise necessary. 2. THE PARTNERSHIP
This form of office organtzation may be considered in two major styles: two or more equa• active partners, or a senior or a junior partner. Each condition may also involve associates. Partnerships exist where all partners are registered architects, where partners are ar· chitect or engineers, or even where only one person is a registered architect but other partners are contractors. lawyers, or good businessman in related fields. Which is best depends greatly upon the qualifications. financial status, capabilities and interest of those concerned.
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The.moat obvious advantage of a pannerahlp h• the feet that more than one practitioner me~~ne more cash-backing more ectual hands or bodies to do the work, more minds to think out the problema, and more client contact& that may be made. In a well-developed partr:terahlp, the varloue phases of th~ work are as equally divided as Is possible, each responalble of the portion delegated ta him. The partners may be aqua\ by v1rtue of equal Investment& In the bualne8s, or may be unequal due to unequal investment. Regardless of the amount of .lnvt~&tment, unlesa special responsibility Ia agreed.UJ)on, all partners ere · ~naible for the debtS of the partnership, and a contractual agreement by one partner blnde all partnenl. Certainty without • good agreement or confidence in partners, it might be an undeelrable situation at times.
me
In a good working panneqhlp aomeone needs to be bualneaa.getter, the "front-man" 10meone to handle the caeh flow and general busineaa phaees. Different persons need the ablllty to dealgn, and to eu~H the production work and field construction. Each partn. could belong to a different club or service <Wganlzatfon In order to have diverse contaCt. for poulbte buatneaa and probably should live In a different suburban area for the same reuon. TheM things may requtre some adjustment but probably will benefit the partnership In the end.
Now let' a take a look at the poa8lbUltlea of aenlor-junior partnership. This type of arrangement ..........y ltan. when an older, estabtllhed architect begins to feel that he is working too hard, that he has a bright energetic employee, Of that he would like to retire in a few yura. Mcm often the younger partner Is a long·time offk:e employee who supposedly knowt the operation of the office, complements the architect'a abilities, and is .,itchy" to be on hla own. The aenior partner la the one with the investment. Agreement regarding returna may be varied, but the tenior partner will retain control. If the idea Is to provide for ultimate retirement of the otder partner, there may be a gradual increase In percentage for the .y ounger partner with a corresponding decrease in the percentage for the one. until, at Ultimati retirement, the office belongs .to the younger. This may take a considerable J*iod of time of courae. While this Ia often an arrangement between only two men, there Ia no ·reaaon that more than one junior partner cannot be Included. So·partner8hlp sounds better than moat aingla·proprietorships. The advantages are that,
when properly constituted, the partners expertise complements each of the others. The flnanclal baN may be more broad end In greater depth aeeach·partner has some money. The partners will pro~bly live In different client contacts. And what more partners ·to there the required work neceSHry for best operation, the amount of extra work time, beyond a normal week, may be shortened. The primary diaadvan1age is that partners may not agree about business after an Initial periOd of "togetherness." The one who attends meetings, play golf, has client Oriented lunches, may be considered by the others as havIng too enjoyable a time. Unless strict control over contract signatures and cash flow is maiotarned, 'ft Is possible that unwelcome work situations may result. Several partners may want to work on design with no one Interested In production .documents or contract adnilntatretlon. In the senior junior pertnerahip, the older partner may be very set ln. this methods, design criteria, or type of projects. He may not be Interested in change and, since he has majority control, may not agree with hit junior partner. A major disadvantage if tun partnership is that each partner Is professionally and financially responsible for any or all business actions of other partners.
3 . ASSOClATES The term aeeoctates may mean something or relattvety nothing. When younger empiQyees reach an advanced stage of value to the office, they may conalder thefr own office. They mey have skills to replace and not really want to leave. They may simply want recognition. Enter the auociate statue, name on the door and letterhead, with no change in financial
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situation, or office responsibility may be the answer. If this arrangement continued, an additional raise in pay or a part of the profits may result~ In larger firms there may be quite as many associates as numbers of partners. Associates firm members expect to ultimately become partners and usually do or they use that status symbol to negotiate for a beUer situation elsewhere. Generally speaking, however, the office gets the bauer of the deal as the associate feels a greater responsibility since he is now a part of management and perhaps someday may become a partner. As a result he often takes on additional responsibUity and works more diJigentty. It's not really bad for the employee either since it inflates J'lis ego and indicates to the public that his firm considers him a cut above some others in the office.by such recognition. Some firms avoid the word associate but cre~te directors of this or that, which usually amounts to the same as associate.
4. THE CORPORATION In many cities a corporation may be formed by architects. SimP,Iy explained, the corpora~ tion is a theoretical employer organization and all members (stockholder~) are employees with financial responsibility limited by the amount of their investrnef!t. When a partnership becomes so large or unwieldy that efficient operation becomes difficult, the partners may decide that a corporation type office with its benefits, would be very interesting. A cor· poration is formed by obtaining approval of articles of incorporation, a charter from the city, establishing a board of directors, and electing a slate of controlling officers. A stock issue is provided and may be common stock or preferred stock, the latter having priority or preference when dividends are declared. Stock may have an initial par value or no value and the investors either buy shares, or acquire them by their monetary interest in the off ice. This cash inflow provides the starting f inances for the c orporation. The board of directors and elected officer s .are responsible for the efficient operation of the corporation and all persons work for the corporation as em~loyees and receives a.salary, plus stock dividends , plus a bonu•. if profits are more than ·those expected . Market value of stock fluctuates up or down from issue price depending upon amount of dividend or other ·indications of profitabte operation and may or may not be indicated in stock market quotations. ·Financial and size advantages are more rather obvious . With a greater number of stockholders there ls more money with which to work. As a large organization, it is possi· ble to have more emptoyees and more or bigger work. Diversification of skills o.r abilities is also more possible. Departmentalization may also result, again bringing larger and more varied types of projects. Proper business methods may bring a good return on any investment. All of this larger work, larger office, and less personal in-office contact may lead to a feeling of "factory wor~ers" and stifled ambitious younger people. With a larger group of principals it generally works out 1hat individuals develop considerable personal skills in a particular area rather than improving over the entire field, and while some p.e ople do not object to a human boss they do not like to be supervised by a corporation: · Bigness as related to a c.orporation, has its advantage and its disadvantage. From the standpoint of the client, the large corpofate office generally has the advantage of being able to provide expert knowledge in a number of fields, a client wishing to build a special manufacturing plant probably wm have better results with a large office with specialized interests, and most such offices are organized a corporations. From the standpoint of the employee, exposure in a large corporate office will give him a much different feel for projects than is generally possible in a smaller office. This may be good or bad depending upon the individual. A by-product of a large corporate . office may be the better understanding of business as it relates to the design professions.
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5. JOINT-VENTURES AND OTHERS
Regardless of the basic structure of a professional office, there are times when it may become expedient to combine offices or reorganize to better advantage. When several small offices feel that it may be advantageous to combine forces they may joint-venture the same as many other groups. This usually results in a form of partnership since each office functions as an individual, so joint-venture is to contil'!ue for a rather extended period of time, a corporation agreement may be best for the participants. Sooner or later most architectural offices consider Inclusion of full services (structural, mechanical, and electrical) within their organization. Depending upon the amount or work in these specialized fields, this may be an advantage, but in many cases the amount of architectural work is far greater than the engineering work. This immediately poses the question of separate but interlocked offices, one for architecture, and ~nother for engineering . In most of such cases the corporation form or limited partnership is more desirable. The developer 1'\es appeared on the construction scene in the past few years. This is usually a corporation-type organization or a conglomerate of several corporations . Unlike the architectural office or that of the consulting engineer, the developer office includes real estate purchase (and possible resale oi raw \and}, development oi plans, construction ot buildings, roads, and other facilities ,- sales, and perhaps maoagement. Any one of these activities could "go sour", even with the most expert advice, so particip~nts need to protect themselves as well as the interlocked activities. When we consider formation of an architecturaf office we normally consider only registered architects. There are many other combinations that may be considered, however, present day development and constructton practices indicate the serious con· sideration should be given to association in one form or another with contractors, land developers, or others in near-related fields. The old taboo on architects also operating as contractors for the same client has been removed. Assistance in profitable development of vacant land or urban reconstruction is also a possibility. Project management in cooperation with other businessman is an area of increasing in~ terest. Most .city · laws relating to use ot the title "Architect'', in any of these associations require that a clear indication be made as to exactly who is the architect. Where architectengineer combinations are arranged, each professional must usually sign or take responsibility for the entire project. Each type of arrangement should be carefully investigated before starting a new office and the one which seems to present the most advantages and fewest disadvantages considered. · ·
OFFICE LOCATtON One of the first questions that arises in starting any type of business Is the one of location. This is as true for the prospective A/E office as any other. There are a number of major issues that in· fluence the consideration of locations; some that are made or controlled by the proprietor, and some that are by~product of the society in which we live and work. In this chapter we will consider the major reasons involved but since every case, and every location has advantages or disadvantages the owner mus~ evaluate them himself. Whet will be acceptable or satisfactory in one case, may not be in another. Size of the office, type of work done, convenience of access, parking, services, as well as rent and utility costs, all contribute to consideration of any location. ·
1. BEFORE Most every architect or engineer, ready to open his own office has work in another office before feeling the urge to be on his own. While working in that other office he must also
258
have had some f eeling in regard to the location, its availability to clients, proximity to supply sources, parking facilit ies, cost per square meter of fi>ace, utilization~ and many other factors . A great ·many t imes actual cost information may not be available, but physical size, parking, and other conditions directly related to personal employment may provide some ideas. In addition, the budding architect probably has visited other offices on one occasion or another and can mentally note items that he thinks are advantageous or disadvantageous. He undoubtedly knows other people in other offices and obtains some "feedback" when they discuss a new feature in their offices or "gripe" about some conditions that they feel, could be battered. Every draftsman has his own ideas of the relationship between his drafting table and layout space, · amount of drawer or shelf space desired, lighting conditions, convenience of various office services, and the desirability of conference rooms, library, print room, and clerical area. These bits and pieces of stored information plus good common senses will go a long way in helping the new architects to select a good location .
2. THE "AT HOME" OFFICE Before we consider the separate oifice, perhaps just a few words in regard to the at home office may be in order. Many young architects "moonlight" after office hours, using a space room as an office. This may be a temporary expendiency to make a little extra money, but as a starting point for a full-blown business it is not very good. First, the dwelling is a residence used to bring up a family, with all of the children, the TV, the telephone ringing, cooking . Those distractions are not conducive to architectural thinking or creative work. Very few manufacturer's representatives will call at a residential address, so probably the architect wilt not be able to build up a library or perhaps even know the representatives. There may be some clients who will not object to coming to the "office" in the rear bedroom at a residence, but a great many more will probably not be enthusiastic about it. And even if all of these reasons may not be sufficient, city regulations and · business license rules may prevent this type of oJ)eration. Judgment of appropriate costs is also a big factor in the· home office. Telephone 'companies questions the use of a residential phone indicated as a business phone and the rates for use are considerably different. The Internal Revenue Service may make some embarrassing Inquiries about rent, utilities, and other items charged off a residence as business. Most residences are not on main streets or may not be a neighborhood easy to firid, so additional searching for ad· dresses may be an inconvenience. A1l-in·a11, the residential or "at home" office is not the best solution and may tend to create a negative feeling that a separate office does not.
3 . SPACE REQUIREMENTS If we can theri con·sider other arrangement than the family residence, we first should try to determine the floor space desirably. Rented areas will have a direct relationship upon the number of people that are expected to occupy it. Depending upon the physicaA arrange.rpent of drafting table and layout board, the average space is two by three meters: six square meters. Additional space for circulation, conference, storage, and o1her desirable areas brings this up to approximately 1 5 square meters per person. A recent survey indicated that about one-half the total floor area is devoted to administration: about 20% to production, 12% to storage, and 10% to service. With a minimum-sized office these figure do' not mean much, however, r a • 55 to 60 square meters are minimum for a oneman office and about 1 00 square meters for the average office of seven or eight persons. The area requirements may vary but their functions may be divided into the following groups:
259
Adminlstr•tion. Reception area and waiting room. Principal's office Conference room. (Room for at least a Secretarial apace, bookkeeping.
six~person
conference)
Production AI'H. Drafting space, project managers Office space for specifications, engineers. Model making apace (Optionat) Library and sample room. Estimating (Optional) StoT•IJfJ
.l'fltl.
Dead project storage. Correspondence storage. Vault (Optional}
Toilet area. Janitor Staff lounge (Optional} Items followed by (Optional) may not be needed in the smaller office or may be in com· bination with other spaces. tn the larger offices, separation office accomplishes the divi· sion by simply defining the areas in a great many cas~s. Careful con~ideration in regard to noise and traffic is essential. Clerical work sets up a chatter from typewriters; reproduction equipment is often noisy but doesn't generate a uniform background souna; telephones and related conversations are distracting; and the simple passage of people causes an undesirable pause in the work schedule. Certain background sound may be desirable, however. Radio or piped music, playing at low volume· and without news breaks, tends tC) aid in working pleasure~. Even steady outside traffic noises are not distracting. In trying to layout the office, however, it may be necessary to fully consider separation of noi68 sources in order to have best operation. Another Item that may want to ·be considered when planning for required space is the at· titude toward the client. Some offices have no objection to the client wandering into the production drafting area "to see what you're doing on my project. This could be an embarrassment if the production crew is not working on the particular client's work and usually disrupts the draftsman's train of concentration. Physical space may be such that the addition of the c\ient's bOdy prevents desired circulation or interferes with other draft· amen. A majority of offices prefer that the client does not circulate in the drafting room but instead all reviews of documents are made in an office or conference room . 4. YOUR OFFtCE
One of the most Influential public relations devices that an architect can have is an office that reflects his interest and feeling toward certain types of architecture or materials. Clients form an opinion of the ability of the architect from his surroundings and often even select an idea due to those office and quite often this is achieved by his arrangement ana deCoration of it. Employees also react to this. A warm atmosphere that reflects the interest in a project. In most cases the architect will have generated a particular channel or
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design concept that he likes, and this should be a major factor in selection of new offica location. 5. THE CITY LOCATION
Location .in a downtown area has a number of advantages for a new office, as well as a number of disadvantages that should also be considered . If the past employment has been in a city location, a natural tendency may be to consider a downtown location as being the best for the new office. Some idea of available space and cost may be available from the old office. At any rate , the square meter cost will, in all probability, be higher than in most other areas. Another readily apparent consideration will be availability and cost of parking, both 'for office personnel and clients. Does parking space come with the office lease covered, or an open lot? All of these questions need good answers to be used to advantage. How about proximity for supplies? Are suppliers and blueprinting firms near? And of course there is the question of the client . If the new office expects to be doing a great of residential work perhaps city location will not be so advantageous to clients as one located out of the business district. On the other hand, many industrial and commercial clients will have their office in business districts. With some types of clients the office location will not matter. since the architect will go to them for conferences and discussions. There is a certain amount of prestige connected with a downtown office, also. People who have offices in the central business district are expected to somehow have better of· fices, better knowledge, better employees, better projects, and to do a better job overall. Mere location cannot and does not provide automatic skill, but the location may provide better clients . Larger offices tend to have larger projects, which in turn attracts better employees and probably better expertise in many areas. These accumulated factors do not in themselves make a better office but location just may be a help. 6. THE SUBURBAN LOCATION A suburban location doesn't mean that the office is "out in the sticks." It is true that it isn't downtown but most cities have shopping centers or neighborhood business districts that may be very suitable for location of an architectural office, so let's consider a few reasons for such a move. To do this, perhaps we can parallel some of the reasons for a city location. In a neighborhood business district, there are often fair-sized office buildings as well as many smaller one. Due to the location away from the central business district, rental rates are generally tower and there are more spaces available. There may also be a better selection of related business tenants such as contractors, real estate offices, engineers, or others who may be of some assistance . And the fact that the location is away from the crowded areas also means that more, and perhaps less expensive, parking will also be availab\e. Quite often this parking is very convenient and at no additional cost to office personnel or clients. Suburban business districts usually have stores able to provide office supplies and if a blue-printing firm is not in the immediate area, they may often have delivery service. As far as the client is concerned, a great deal depends upon the ·type of business expected. A Suburban location may relate better to residential work and clients may be less reluctant to come into a tess busy area. It office client-prospects are not close by, or if they are of the type where the architect meets them in their own offices, the location of the architects' office is of little consequence. In an earlier paragraph, reference was made to related-business tenants in the same building. In a good many cases clients of real-estate firms may be referred to architects by them. This also holds 'true for contractors, engineers, and others. An additional advantage may be that the office may be nearer the architect's home and that of his employees, thereby shortening driving time and freewav traffic.
Office prestige may also be achieved in this type of location but perhaps by a different route. Smaller or separated office buildings provide an opportunity to redesign some structures to more advantageously display the office abllity . In many areas there are vacant lots upon which an office may be built. Also in some areas, the gradual changeover from residential houses that may be remodeled into interesting office space. In these cases, the public may have the opportunity to judge the ability and evaluate prestige by the exterior appearance of the office. Many interesting projects may come to the suburban office that the big downtown office doesn' t even hear about or isn't organize to handle properly. Personnel may be a little different because in many cases the employees ere more interested in "doing everything" in a smaller office. 7 . THE SMALL TOWN OFFICE With all of the crowing, higher costs, ecological problems, and inconveniences of the city, a great many people, including architects, are leaving the urban sprawl for the smaller towns. Such move may change the entire picture. Office space may again be more reasonable, ·but may also be less available, particulady space that reflects previous architecture. If the architect is fairly confident of success in his move he may want to design and build perhaps even with a rental space or two . Such action would allow him to demonstrate his design concepts and show the people what can he do. His residence will also be nearer the office. Parking nearby is usually readily available and at low cost or perhaps free. Supplies may be 8 bit of 8 problem, particularly reproduction work so some additional expense for duplicathig equipment may be necessary and supply may have to be ordered in larger quantit ies. An entirely different approach for clients may be developed . A move to a smaller town most often means that any earlier contacts probably are lost. local clientele will develop as the architect takes part in the community activities, and demonstrate his ability in the design of his own office or building. Practice may include considerable work of a residential nature, some commercial work of smaller size, a bit of governmental work, and con· siderable promotional work . This promotional work includes reworking of run-down areas, new or remodeling work, retail stores, and occasional school bond-determined work. Chances to be selected for the multi-million dollar new industrial plant will be very remote as this work will go to'the city firm nearest the industrial owner. All of this change may have a nonapparent factor in reducing tension, providing a more relaxed work at· mosphere, and a smaller office staff. After a session in a big office such change may be very desirable. 8. THE RURAL OFFICE The strictly rural location is really not very practical for a full-time architectural office, and even less so far a consulting engineer's office. Office spaces as such may be nonexistent, so remodeled barns or addition to residences may be the answer. Again such design and construction may be regarded as a demonstration of ability. Parking will usually be plen· tiful and.free . Supplies must be carefully purchased in quantity, and duplicating equipment must be a part of office furnishings. In general, the work coming into the office will be small and probably infrequent. A few locations may provide desirable work in cooperation with large land development, but the strictly rural office must be considered as a part-time operation in most cases.
9. COMPARISON Now that we have investigated the various general areas in which an office may be located, let us look at a closer comparison of them. The ratings may differ in .different parts of the country, but the general idea will remain about the same. From a casual review.of the accompanying chart, it would seem that the city office has all of the advan· tages. For the large office .
.262
Space available Rental Cost Parking Transportation Mfg. reps. Supplies Duplicating service Residential clients lndust./Comm. Clients Governmental clients
City
Suburban
Small Town
Rural
Good High Good Good Good Good Good Poor Good Good
Good Medium Good Fair Good Good Fair Fair Fair Fair
Fair low Fair Strictly Local Fair Fair Poor Fair Poor Poor
Poor Very Low None Poor Poor None Fair Very Poor Very Poor
This certainly is true, but tor the beginning smaller office the suburban-type location may be more desirable. Again the individual preference for surroundings must be considered when the office personnel is limited to two or three or even a one-man office. In these cases some very successful operations are carried on in small town situations and even a few in rural areas.
10. PERSONAL PREFERENCE Despite any comparison of locations or other considerations, the location of an office depends a great deal upon the individual. Each person has some feeling toward the type or work he would like to do and this in turn influences location. After working in a city office, many young architects want to get away from the hustle and bustle when they get on their own . This means that they will migrate to the suburbs or smaller towns . On the other hand, some people like the feeling of being in the mainstream of city business or have some initial project which is best processed in a downtown location. A similar preference seems to be a prevalent in s!lburban and small-town offices. People who have put in an internship in office in these locations often have done so to avoid the rigors of the city, and have a tendency to try to continue in a similar area. As in most everything else, there is no stock answer best locations. 1 1 . THE OTHER CITY
Up to 'n ow we have only considered relocation in a definite area in which the architect may have already been working, but what about new city? Occasionally the old location, citywise, may not seem to present the best opportunities for a new office. This i a big step since, in most cases, it means practically starting over. The architect loses all previous contacts, both with prospective clients and with contractors, suppliers and even manufacturers' representatives. A good review of construction starts, possible future pro· jects, the existing competition or any new · offices, supply of qualified personnel, and many other things, including additional finance arrangements, needs to be made. A leisurely survey of the proposed new area should be made and if possible congenial cQntacts formed with some of the firms operating in the area . Another important factor may be search for proper housing , markets, schools, and other living facilities. Supply, or lack of such facilities. may indicate some prospective clients overlooked by the local firms who have taken existing conditions in stride without thinking about them. In any case, change to another city is a major step and should be.thoroughly considered in all of its aspects. 1 2. YOUR OWN BUILDING Perhaps not strictly a location, but certainly closely related to location and definitely influenced by location, is the question of the AlE's own building. Sooner or later the ques-
263
tion of rent, lease, or ownership arise and the A/E must determine in which he is most interested for the present as well as the future. If the general location is right, the next question is to buy and remodel an existing building, or to design and build a new building from scratch. Existing buildings may not be properly arranged for the use intended, and may re· quire considerable time and money to rearrange . They may be obsolete also in regard to code requirements for plumbing and electrical fixtures, or may be structurally unsound. Remodeling work on old houses can be risky but if a good results. it can also be one of the best advertisements or public relations items possible. A new building is really a challenge. The A/E is not only designing a project which must be within the budget but must function 100% for its intended operation and must be esthetically pleasing to the public. The shape, material, and appearance of the city will generally indicate some favoritism by the A /E in one way or another. If this appearance is pleasing to the general public, it is likely that business may be a bit easier to obtain. If t he building is outstanding either as a great building or a& a monstrosity, the public will also know about it and will have varied opinions. In a number of cases an A/E may determine to build his own office, plus rental space, to help carry the load. Under these circumstances. it is probably a good ideas to plan for related organizations such as realtors, insurance or engineering firms, and to keep in mind the possibility of future expansion. Your own building is a major investment and a visible advert isement that should be carefully considered from all angles .
OFFICE PERSONNEL large office have some ot the same problems regarding the personnel required. Each must have a leader or manager, and a number of others to produce the work. Not all offices have the same titles for t heir employees, and not all with t he same t it les have the same job. A great deal depends upon the size of the office which in turn depends upon the clientele of the office. In the next few pages let us consider the position, education required, responsibili ties, and relative r~numeration, for .the several possible positions. Positions are not necessarily listed in the order of importance in an office as we shall see later. As an example, we must consider the positions in an office of perhaps twenty-five persons . In the smaller office many of the positions may be combined or nonexistent. In the very large of· fices there may be a number of persons with the same titles and the same responsibilities. From a salary position the Architect is, or at least should be , the top of the pile. The project manager, specifications writer. chief. designer, and contract administrator are next in line with approximately the same salary expectations. The titles of other positions, plus the chart in this chapter, indicate the relationship of the remainder. 1 . THE ARCHITECT - ENGINEER The architect-engineer is usually the boss. He is normally college educated in the field of architecture and registered by examination in the country in which his office does business. He has at least four or fiv~ years experien,~e in other offices. and may have been in his own office tor many years. He has the ability to meet and talk to clients as well as others in the community, and probably belongs to one or more clubs, primarily for possible client contacts. Despite the fact that he is essentially a businessman, he knows his profession and can probably "double" in any position in the office. Although most of the principals in an office have had a format education in their particular iield, there still seem to be quite a few whose formal education may have been ln a related field. A number of architects have education in planning, construction management, indu~trial science, and a few in chemistry or other sciences. The same is true of engineers. There are also quite a few "mustangs", people who have little formal education but years of experience, who have taken and passed the registration examination. Additionally,
some have multiple degrees in design, business administration, and an increasing number have law degrees. While the architectural or engineering graduate usually starts out in his chosen field, it is certainly an advantage to have additional education or experience in a business field when the principal becomes involved in the management or administration of an office. In partnerships or corporations organizations, there may be many combinations or expertise ·included in t he abilities of the principals. Not all architects are good designers or good production people. In these situation it may be very advisable to have persons in charge of design, production or field work, as well as business or office management. What is interesting and challenging to one person may not have the same appeal for another, and a good combination may spell the success of the office . The actual arrangement of duties also other office personnel to know who is the boss in certain areas and this is particularly important for smooth office operation.
2. PROJECT MANAGER A person with experience in all aspects of architecture and engineering and project management, the project manager may be registered as an architect or engineer, or it may be simply a title, to forestall any question of registration. Experience is relative, but would probably be in the area of five to twenty years in various positions. He manages the total project, and typical responsibilities normally include: obtaining and analyzing client requirements, establishing concepts for structural, mechanical and electrical systems, developing design concepts, checking project development against budgeted time, representing the client at public hearings and/or governmental agencies, and the general supervision of progress of the entire project. He may be a partner or associate in the firm . In a larger offices, t he proj ect m anager handles almost all of the phases of a project after the owner-architect contract is signed. In most cases the project manager, then , is t he leader of a t eam composed of design, production, and field personnel and directs all consultants who may be needed . In some cases the project manager may even '"sit-in" on these contract negotiations. Under his supervision the schematics are prepared, preliminary documents and design concepts are produced, and, after client approvals, an of the construction documents (drawings, t.;OSt estimates, and specifications) are provided. Also under his general supervision, the bidding procedure is carried out and all of the field observation. A possible ego-building item is the fact that, in addition to the office name, the name oi the project manager is often also prominently displayed on job signs and in project promotion items in newspapers or magazines.
3. JOB CAPTAIN The job captain may or may not exist in many offices. In the smaller offices this position may roughly correspond to that of project manager while in larger offices he is an assistant to the project manager. As an assistant to the project manager, the duties of the job captain are primarily concerned with the production of the working drawings. While the project manager handles the general affairs to a project, the job captains plans the sheet arrangement, assigns the various forms of drafting to the crew, helps coord ination with consultants , and compiles notes and other information for the specifications department. In some offices he may be t ermed a chief draftsman although his position is more than. that of a lead draftsman. As with many others in an A / E office, the education of the job capta·l n may be formal or based upon years of experience and he may or may not ba registered.
4. SENIOR DRAFTSMAN A person with substantial knowledge and experience or in younger men, a college graduate, may be a senior draftsman, but older men may be from the "school of harC1
knocks." Usually this person has at least eight to ten years experience. Major responsibility for him is in coordinating details and dimensions: checking working drawings for omissions or conflicts prior to bid time; checking for code compliance; controlling design continuity in detailing; and in smaller offices he does major drafting such as floor plans and elevations. In architectural Qffices this person is fully capable of interpreting any sketches from the design department completely through the finished drawing stage. The designer seldom sketches all door or window details, roof flashings, railing details, and similar parts . The senior draftsman is able to select proper details or draw them from experience. In a similar manner, the senior draftsman ln an engineering office should be capable of also detailing structure; connections, piping layouts, electrical circuits, and other required details. With proper experience many senior draftsman in architectural offices are also capable of doing a limited amount of engineering drafting from rough sketches by the engineer. His experience also makes him a good advisor and supervisor for less qualified or younger draftsmen in the crew. 5. INTERMEDIATE DRAFTSMEN Education for an intermediate draftsman probably includes graduation from a college of architecture or engineering plus three to five years of progressive experience. If not already registered this employee may be nearly ready for the final examination for registration. With less experience than the senior draftsmen, the intermediate draftsman prepares working drawings, coordinates details with plans or elevations, and works with the senior draftsman. In some cases the intermediate draftsman is proficient in executing presentat ion drawings, graphics, or renderings. 6. BEGINNING DRAFTSMAN A person w ith limited experience in architectural drafting, normally less than two years experience, and without a degree in architecture, is a beginning draftsman. He helps to prepare working drawings, helps prepare presentation drawings, does more correcting of drawings under supervision of others, and traces details. In small offices he may replace a trainee in this work . 7. TRAINEE With little or no architectural education or experience beyond high school, a trainee often starts as the blueprint machine operator. In addition, he files drawings, delivers office material and drawings, and is generally "handy" around the office. He may do some.basic drawings or tracing of details with supervision. 8. CONSTRUCTION ADMINISTRATOR With a major position in the firms, the construction administrator should have a total knowledge of construction methods, codes and contracts. He may be a graduate of college with a degree in architecture, construction engineering, construction management, or may have come from the ranks of construction superintendents. His responsibility includes actual administration of all projects under construction, periodic inspections of the onsite work, review and decision on shop drawings, communication w ith the contractor regarding change orders and payment reque$ts, some contact with manufacturers representatives regarding proper materials and supervision of field inspectors in larger offices. This individual may also act as the checker of contracts, plus the fact that he has not worked on the drawings or specifications, makes it easier for him to spot errors or omis· sions. He is also a ready source for information regarding qualification or ability of general contractors and 'Subcontractors and by his field contacts usually knows about availability of materials. In small offices this position may be filled by the principal, and in other offices it may be a combination with the project manager spot.
2.66
9. SPECIFICATIONS WRITER The specifications writer must have substantial knowledge of the use of materials and construction methods and may or may not be registered as an architect or engineer. Responsibilities include preparation of prdiminary and final specifications, checking working drawings for compliance with specifications, evaluating and recommending new materials and construction methods. dealing with manufacturer's representatives, and advising other office personnel on materials or methods. This person may also be in general charge of the library and~ room. Great literary ability is not a requifements but the "spec" writer must be able to clearly and concisely describe materials and methods to be used in the project . Sound knowledge of actual construction methods is a must, and with a bit of experience a better-thanaverage idea of labor and union procedures wilt become second nature. The "spec" writer wilt be a major office contact for most manufacturer's representatives and must have, or develop, the ability to compare equal products to determine if they are indeed essentially equal. Through his constant comact with produaers, the "spec" writer is in a good position also to advise the designer in regard to availability of materials and their relative costs. Many designers do not considet this possible help, and costly revision of design sometimes results due to pooriy selected materials or difficult and expensive installation methods.
1 0. THE DESIGNER Location of the designer in this discussion order does not imply that the designer holds a less important position than others in the ofiice. In fact, this position is one of the most important and quite often is he'd by one of the principals of the office. College education is normal, and registration may or may not be coincidental but is not mandatory. The designer is responsible for the layout a,d appearance factors of the project and works with the project manager to provide proper facili ties for the client. Work includes preparation oi schematics, prehrninary layouts, renderings, and sometimes interiors or special phases of the work. In en engineering office, the designer works out the system to be used, makes the ....;or caku&ations required , and roughsout diagrammatic sketches to be further developed br 1he dnlftsmen . While the percentage of the design personnel in an office is quite small , 3% to 5% of all projects begin here. Those covered by the designer is not simply to provide a pretty picture, as is quite often suggested, but to carefully and accurately plan the work in accordance with applicab6e code requirements and the client's needs. Most designers are not completely trained. adept. or interested in structural or other engineering systems, and may be limited in their knowledge of materials available. Once the basic idea has materialized into some form, experts in the engineering and materials field should be used to redesign any ponious that may be impossible to provide or that may be excessively expensive and will e~ 1he ewoiect budget. If a project cannot be constructed within the budget, the destgn _..... il • good place to start revising or even stopping.
1 1 . LIBRARIAN The librarian does no1 .... ,.,.., exist in most offices with less than fifty to seventy-five employer, but is v.y when an extensive library has been acquired and a large drafting force is ~ Uling reference material. In smaller offices, the "library" is often scattered 1hroughout the office in several different bookcases and most employees know the general wt.Mbou1s of specific material or will ask a fellow employee. The A/E librarian does not t.w tonn.llibt"ary training. In tact such training may be a detriment. Filing and retrieval of AlE •efaence consists almost entirely of arranging catalogs and other material in P'OC*' Cpreferably in the sixteen Divisions of the Uniform System) and in dating and updating new materials .
.,.,._._tt
A simple check-out system helps keep track of references and a limited ability to type is helpful in writing to manufacturers for literature . Some prior exposure t o building products via manufacturer, distributor, or contractor is helpful. The librarian's position, in a number of cases, has been the starting spot for specifications writers since constant handling of catalogs and samples often· creates an interest in specifications. Split-job responsibility such as secretary-librarian , or office trainee-librarian , do not usually w ork out so an office should arrange for a full-time position in most cases, or none at all.
12 . ENGINEERS-ARCHITECTS In some larger offices the special fields of mechanical an9 electrical design for projects is done "in-house" , that is in the A/ E office rather than being "farmed-out" to consultants. This then requires education and registered engineers to design the various system . and different 1·evels of draftsman to produce their working drawings. These engineering positions parallel the architectural positions very closely. The same is true of those resp onsible f or the structural design of a project. An increasing number of engineering offices are including some architectural work and reverse of the above is obviously true. Contractors also employ design personnel and a drafting force, so some positions may be comparable in the larger contracting offices . As w ith the A/E office, some public organizations such as large school districts, federal, state, and city-county governments also maintain A/ E depart ments and t heir operation and personnel may be similar, even if called by other names to suit civil service requirements. 1 3. NON-ARCHITECTURAL PERSONNEL Almost all offices require the normal complement of secretaries office accountants, file checks, receptionists, and other nonarchitectural personnel. The customary requirements for taking dictation , typing, filing, etc. are necessary and a great variety of education and experience may need to be considered. Smaller offices may need a combination-type person who can handle reception typing, filing , and perhaps even the accounting. In larger organizations, a number of very specialized positions may be needed: typists with training on special machines, acc.ountants with special tax, knowledge , and private secretaries with good organizational ability. And in some large offices even people trained in food handling or processing may be necessary.
14. OFFICE ORGANIZATION Most offices are not organized w ith only one project manager, one designer, and one production group. Such a singular arrangement would mean that, in general , only one project would be processed at a ti me and this would not be economical or feasible except in very small offices. Therefore, two principal systems may be used. The following Figure indicates an office with two or more project managers. The specialty personnel (design, consultants, specifications, and construction manager) each contribute their skills to each group as needed. This allows the office to operate properly with a minimum number of specialty people who may work only part of their time on one project and can therefore spread their skills. Many offices operate with some combination of either possibility. The average office employee approximately 3% to 5% of its entire force in a design capacity. The production force of production manager and the various draftsmen may total approximately 70%, with the remaining 25% to 27% serving as specialty or supporting personnel.
I
SR. ARCH\TECT
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1
J.,.
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I SPECIFICATIONS
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l COST ESTtMA113R
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The arrangement of the next Figure indicates a parallel type arrangement in which each manager essentially operates a small office. Here a design team, consultants, specifications personnel. and construction supervisor are assigned to one ground and work satisfactorily but it tends to waste manpower since complete utilization of skills on a fulltime basis is rarely possible in all phases of work. It also practically eliminates cooperation between groups or specialty people since they may not even work close together physically.
SR. ARCHITECT JR. ARCHITECT
JR. ARCHITECT
portfter
partner
JR . ARCHITECT
pcsrtfter PROJECT MANil8ER
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.JOB CAPTAIN
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FIG. 8 -
PARALLEL. TYP£ ARRAMClEMDCT
ORGANIZATIONAL
270
TRAiiE! DESitNER SPECIFICATIONS
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I COST ESTIMATOR I
CONSULTAMTS
CONSULTANTS
I BE91N.~AFTSMAN J
CHART
. .1 [ CONSULTANTS
CONTRACT ADMlM . INSPECTORS
CONSULT ANTS
Very few architectur·al-engineering office have the personnel capabilities or other facilities to handle all phases of a project within their own organization. There is no stigma attached to this inability since it simply stems from diffecences in educ8tion of personnel, size of office, type of projects usually worked on, specialization if FJny. ~many other things. The average small to medium-sized architectural office tt.eh)fe •ncAof88 consuttants to fill out where their own facilities or personnel do not covtw. The fields covered by consultants are wide. and few or many may be used by an office. Usually about at least two types of consuttants . . ~by most offices: structural and mechanical electrical. The latter may be two c:onalttants: one for mechanical work and one for electrical work. Cost estimating seNic:es 1n most commonly used where that capability is not present in an office. In tair1y recent,....another consultant has appeared ·:..... the specifications consultant or material rese • chel. eor.uttants may also be used to provide information regarding required for good preparetiolt and equipment; for product handling of all types; for fire protection and sprinkler systema for a mi8ceffany of special items,materiels, or processes. In an engineering office where erchitlectunl WOfk is not normally done, the architectural work is not normally done, the architectw81 firm may be employed as a consultant. Infrequently, experts in finance, real estate,~ •timitaf fields may be employed but are not usually considered as consultants .
..,..Ill
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Most consultants require a fee tor their serices and the amounts of such fees are included in the architect' s fee . Some consultams provide services without charge, but these depends a great deal upon local conditions 8Rd customs. Fees may be arranged in the same manner upon local conditions and customs. Fees may be arranged in the same manner upon which the fees of the project AlE are: Fee arrangement might include percentage of work provided, hourly rate, time or material agreement, lump sum. ot any other method that is mutually agreeable. Services provided by venou. consultants very nearly as much as do the consultants themselves. Basic engineering -.rviCes may be limited to structural, mechanical , or electrical calculations providing only mir*num rough sketches . This arrangement requires that the employer of the consultant does ell of the finished drafting and other detailing. Probably a more satisfactory agreement • one in which the consultant provides iinished drawings as well as presentation calculations~ proper specifications section . With this type of agreement, there must be good cooperation the two parties in order to assure that the drawings are on the same type sheets. tt.I..,.Ofications are provided with proper typing, section indicators, and on the same type n 11 s.
betw-•
RESPONSIBIUTY
The architect normalty cillecdw ~.s his own consultants, in which case he also assumed major responsibility tor their work as his own. In some ·cases , various consultants are engaged by the owner and direc18d to woltt with the architect, and vice versa . This condition leads to some confusion and ~-difficulty. Most of the time the owner e!Tiployed consultant is not a structural. mect•liclll. or electrical engineer doing a major portion of the object work. The consultant is more ofMn.,. ~tor, researcher, or advisor who makes surveys regarding srte, placement, tnffic .,...••• or other feasibility-type requirements. In connection with industrial projects, the c:anaJitant maybe the plant engineer who may be a great help to the E/E unless he tries 1D becoiM .,_designer of the project. With this type of consultant the responsibility must be deerty dilfill8d as some ideas or recommendations of the consultant may not mesh wlth the overall-- of the AlE.
"*'•·•
The project development is • e-n effort requiring the best talent within the least time. Many offices feel that their own sqft' ia fuly capable of doing all of the work required, and perhaps they may be - but can they do • good a job in the same time or less than the expert specializ-
271
ed consultant? It's doubtful the architect's office must be aware of the capabilities of both iU own staff and the consultants and must cooperate fully to benefit by the employment of outside assistance. In the smaller office, there is usually a shortage of time for the few employees to do all of the architectural, structural, mechanical, and eletrical work involved in producing a pro}ect, even if they had the capabilities. In the larger office, the tendency to have specialists, or at least those specifically . assigned certain portions of a project, is greater. With the increase in types of materials, methods of installation, environmental qualifications, code requirements, and the hundreds of other factors, it may be expected that we will continue to require more and more specialist or consultants.
DIFFERENT TYPES OF CONSULTANTS 1. STRUCTURAL CONSULTANTS
Structural consultants to an architect are most always registered civil or structural engineers. Their training and experience have been slanted toward calculating requirements for size and strength of beams, columns, footings, walls, etc. In some areas where earthquakes occur, structural engineers also will do all seismic calculations for the proposed project. The same general arrangement holds for areas where huiTicanes, tornadoes, or cyclones and prevalent. The engineer also generally has a staff of draftsmen who are capable of providing working drawings for the structural work. Few engineer's offices however ere staffed to provide properly organized structure! specifications. This is en unfortunate situation which may be the end result of inadequate instruction, or none at ell, in the education of the engineer. When the agreement for services only includes rough sketches from the engineer, they may or may not be provtded to scale and usually are on various types of paper and not very coordinated. The architect then needs to arrange these sketches in proper order, affix designators, coordinate them with his other drawings. and of course provide specifications from the engineer's notes. Calculations are normally provided on sheets that may be duplicated and passed on to building review depart· ments. When the structural engineer is required to provide the working structural drawings, there Is an additional burden on the architect to supply information materials. Initially the architect must supply "dummies" of the floor plans upon which the structural columns and beams wit! indicated. In some cases only the standard bordered sheets are supplied and the engineer makes the " dummies" from a line print supplied by the Architect. Along with the other drawings the engineer usually provides standard details in several forms. Quite often these standards are assembled on a single sheet and may be repeated over and over on different projects. Structural sections of the construction, special details, and copious notes relating to the strength of the materials are a part of the structural drawings. The engineer is a\ao responsible for providing the calcutations by which the structural members are designed. Each portion of the building must be proper-designed to meet the building codes and the total structure must be designed for eanhquakes, hurricanes, and other acts of God. These calculations must be in producible form in order to make copies for the building department review, as well as review by the architect. The specifications may or may not be developed by the engineer. The format for the specifications is established by the architect. The architect also detefm\ned the proper section numbers for the structural sections of the specifications. The actual information, the words and phrases, may be types in the engineers office and incorporated into the final specifications by the architect's specifications writer, or the engineer may supply adequate notes and the actual writing is done In the office of the architect. The latter is perhaps more satisfactory as tha architectural specifications writer can separate structural concrete from miscellaneous concrete (walks, gutters, fence foundations, machinery bases} and
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perhaps structural stee! from ornamental metals. Uniformity of appearance and paragraphing is easier also since the same team of writer and typist work together. 2. MECHANICAL -
ELECTRICAL CONSULT ANTS
Consultants for mechanical work and electrical work may be from separate offices or may be from one office which has facilities to perform both. Before we go further let's be sure or what we mean by mechanical. This term usually includes plumbing work, heating systems, ventilating air conditioning, and perhaps some more specialized phases such as special piping, solar systems, or even nuclear work. Any of these must be designed specifically for the project and requires a thorough knowledge of the requirements as well as a thorough knowledge of materials available, codes, and the project area temperatures, rainfall, solar conditions, etc. The electrical consultant must have approximately the same qualifications, oriented toward electrical work, of course. He knows the utility company rules and the local conditions. as well as suppliers and electrical contractors. The same requirements for drawings, calculations and specifications holds for mechanical or electrical consultants. However, education and experience here seem to favor the engineer's personnel. For the most part, architectural people are not trained adequately in mechanical or electrical working drawings and probably would normally not be able to properly transfer rough diagrams, often partially indicated, to finished working drawings. A pipe or wire shown incorrectly connected may give some interesting results . Specifications written for mechanical or electrical work also are different. Since these installations operate a system most engineers write their project specifications as a system rather than as separate materials ptus installations. To do this they must be familiar with the assumed operation oftheir systems. something the average architect doesn't know about. 3. COST ESTIMATING If the project cannot be built ~ithin the budget, the designer is in trouble . One of the methods to avoid this trouble is to do cost-estimat~ng before the project goes to the contractor for a bid. Only larger offices normally have in-house cost estimators so consultants are regularly used. These consultants often do work for contractors as well. so are familiar with material and labor costs. Cost estimates are quite often provided at the preliminary stage, partway through the working document stage, and a final estimate is made just prior to the distribution of documents. The competent consultant can give a reasonable estimate even at the preliminary stage since his experience allows him a very good idea of the amount of reinforcement required in concrete work, average in-place costs for various items, and the going rate for labor and profit. When drawings are more complete, the estimator of course, can make an accurate quantity take-off and p1'lce estimate. Close cooperation is as necessary with this consultant as it is with any other. A change in size, or quality usually means a change in costs. Adequate drawings, including structural, mechanical, and electrical are required . In some cases the cost estimates for mechanica lelectrical work may be provided by the engineer consultants "who have designed that work. When this happens, the cost consultant needs this Information to incorporate into his work. Estimates are usually provided for the architect as a series of pages of calculations w ith a final recap . There is no reason for this information to be duplicated, but it should be provided in a form intelligible to the architect. A review with the estimator. should be a part of the agreement. 4. HARDWARE CONSULTANT The specification of the finishing hardware is as specialized as moat any other part of a projeet. Finishing hardware includes all of the locks, latches, butts, hinges, pulls, closers, stops and other metal, wood, plastic, or combinations of materials and products that are
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necessary to operate doors, windows, and cabinet work. tn some cases the additional items of medicine cabinets, toilet and bath accessories, or specialized hardwares are also included. While not often registered or licensed, hardware consultants most generally are certified members of the American Society of Architectural Hardware Consultants. This society has a training and certificate program which qualifies its members to specify almost every type of finishing hardware that may be required. These consultants know the code requirements for openings of all types and may eliminate costly errors of all types and may eliminate costly errors or omissions. In many cases these consultants are employed by a hardware supplier or manufacturer and provide free services. In other in· stances the consultant is free lance, and works for a free similar to other consultants. One of the often-voiced objections to the use of an employee of a hardware distributor or manufacturer is that this sets up a closed specification in favor of the brands carried by the employer. There may be some slight advantage to the consultant's firm but this is real· ly not as great as it might seem since each consultant firm but this is really not as great as it might seem since each consultant is thoroughly familiar with the products and stock numbers of his competitors. The use of a definite series of identifications or brand is the easiest and the best way to small out requirements, and is readily transposed by other hardware consultants consist of a review of the drawings and the provision of a typed listing of hardware required. Final inclusions in the list, together with other specifications information, are the responsibility of the architect. 6. SPECIFICATIONS CONSULTANT
The specifications consultant is a relatively new addition to the list of specialists. In the early days of architecture and construction a small variety of well-known materials and methods of installation were in common use. Todey the variety of materials reaches into the hundreds of thousands and the architect simply cannot keep up with all of them in ad· dition to his other work. The specifications consultants, by virtue of his specialization, is able to know more about the qualities of materials, advantages·, or disadvantages of use, availability, and some idea of cost. By working from the architect's drawings and attending conferences, he is able to develop a better specifications. In large offices the normal specifications writing force may become overloaded and can be assisted by a freelance "spec" writer. In many cases this consultant is employed as a researcher or materials for certain uses and does little or no writing other than material reports. 6. LANDSCAPE ARCHITECTS
The landscape architect.is another specialist that may be retaineo as a consultant by the architect. In a few cases, the normal situation, the landscape architect is usually the consultant and provides drawings and specification for his specialty. Arrangements for this work should include all of the requirements discussed earlier. Layout for planting locations may be provided in sketch for final inclusion by the architect or may be completed· by the landscape architect. Specification, specially when they include the botanical names of the plants are perhaps best produced by the landscape architect is the fact that he knows, or certainly should know, exactly which plants grow best and provide the best appearance for a given location. Some exotic varieties_of plants look good initially, but are not comJ)Itlbte with the soil or climate. 7. SPECIALIZED CONSULTANTS
Sooner or later. nearly every office has a project which includes a condition or installation almost completely foreign to the general practice. Special requirements for food service, cooking, serving; storage, or handling, may require the expertise of a consultant who knows food handling methods and the equipment required. Transportation or conveying equipment is rather commonly used in industrial and manufacturing plants and usually re·
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quires a consultant familiar with this type of equipment. Water proofing, acoustics and lighting are two very common specialized fields in connection with theatres, TV installations, and similar projects, and most often require a consultant's service. There are many others that we could consider (surveyors, finance people, insurance consultants, fire con· trollers, video-audio experts) who may be necessary when the project is too complicated or the in-house force may have to spend too much research and development time to be economical. 8. ARCHITECT CONSULT ANT Up to now in this chapter, the consultant has not been the architect. This Is becoming less true as the construction business rapidly changes. In a number of cases there may be a construction management identity employed by the owner to provide all required services from purchase of land to completion of construction. Another process is the employment of a general contractor who contracts for all of the design and construction· a "turn-key" job. In either of these cases, the architect may be employed as the consultant and provide his specialty, design, working drawings, and specifications to the construction manager or contractor. As noted in another chapter of this book, the architect may act as consultant to an engineer who may, under other circumstances, be consultant to the architect. If this seems a little confusing let's consider a situation where a mechanical engineer is commissioned to redesign a power plant or refinery. The major portion of the work will be piping and machinery, but there may be some changes of floor plan, exterior elevations, finishes, and other more architectural items. In case of this kind, the architect may easily be the consultant. REFERENCES AND SAMPlES
Even the smallest office must at some time or, other rely upon books, catalogs, magazines, or some other form of reference material. Seldom does an office become so specialized that similar projects are worked on without some changes, hopefully changes for the better. Reference material appears and may be retained in many forms. but information sources for architectural offices may be categorized into the following major groups; architectural or construction-type magazines, manufacturers or materials catalogs, codes of various kinds, association "how-to·do·it" manuals, and reference texts. Each of these references sources should be readily available to all members of the office staff
but the factor of filing and retrieval is one of utmost importance. In the very small or one-man office, the problem may not be very acute but as the office force grows, so does the difficulty of proper filing and accessibility of reference material. In the small office, storage may be a relatively easy matter accomplished by the use of bookcase located at ends of drafting tables or .at the side or behind the draftsman. With an increase of office personnel, the probability that reference material will be misfiled and therefore lost is apparent. With an office of ten or more this often becomes a major problem. At this point it becomes almost imperative that the office organize a library.
1 . THE LIBRARY Libraries are varied in size, operation, and personnel required. One of the most simple organiz~tional methods is to use the sixteen divisions, all materials related to the same general subject may be filed together. A major problem arises, however, in how to place individual pieces of informational material within each major division. Two ways present themsE\Ives: to file alphabetically within the.divia.ion, or to file by subtitle of the division title. In the first case, it means that libra(y users must have some general knowledge of the scope of the division and may have to look at several pieces of ·reference. In the second case, it means that some catalogs may have to be dismembered in order to separate various related subsections. In many cases the first condition serves best for bound or
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loose-leaf catalogs installed on shelving, while the second condition may be used for filedrawer systems where catalogs are single sheets or small booklets.
A librarian may be employed to oversee the library operation. Since for office employees will know the exact information source they need when they can come to tne library, it is recommendend that they be allowed to inspect the material much as in public library stacks section. once a selection has been made, the material should be checked-out to the individual by the librarian, using standard library-type cards or by notations in a book kept by the librarian . Retrieval is a bit more difficult. By retrieval we must include all phases necessary to return the information material to its proper place on the shelf or in the file. The librarian alone should do this! A box or basket at the librarian's station should receive all returned material. If it has been properly marked originally for division etc., the librarian should have little or no trouble in replacing it properly. A book or catalog replaced on a wrong shelf, or in a wrong division, by an office member is a lost reference until accidentally found at some later date. Reference information in a lost category is of no value to the office and simply takes up valuable space. All shelf-fited catalogs of books should have a readable division number fixed to their exposed bound edge. Self-adhesive plastic strip numbers in contrasting color will do the job but some individual offices may find that the figures are a bit small tor easy reading. For larger size figures it may be wise to consider contact pressure-transfer types which can be purchased in sizes up to several inches high. A disadvantage w ith either of these is the possibility that darker plastic strips or black transfer letters may not show up well on dark bindings. In this case, it may be necessary or desirable to provide a white or light-colored gummed label first , with t he identification applied to it. Quite often It is necessary to provide binders for loose material or that information which is separated from a larger cat alog . This brings up a real problem since there usually are a number of different types of different manufacturers that will be represented in the accumulated collection . The binder may be a post-type or ring-type, but the latter is more adaptable to changes that need to be made. Each binder needs a table of contents and some identifying tag on the exposed edge of the binder, indicating the manufacturers contained therein. Another method for quick identification of filing divisions is the use of separators between divisions. These may be made of fiberboard or similar material and should prominently display the division number, possibly the adjacent numbers on opposite faces, and perhaps the tiles of the divisions . To also help,it may be desirable to apply labels of some replaceable material on the edges of the shelves. Another time saver in the hunt for a proper catalog is the prominent display of the Uniform System or other filing system.
2. CABINET - DRAWER FILING All literature saved for reference will not be supplied in hard-backed binders for shelf storage. Many manufacturers with good products, but limited in number, will have catalogs of only a few pages, usually unbound. Again these should be f iled using the six· teen Divisions of the Uniform System w ith possible subdivisions or sections. If the offices uses a master · system for writing specifications, the identifications used for each specification section will serve ideally for establishing subdivisions or sections. If no master system is used, it is suggested that the five-digit separation of the Uniform System be used. In either case, the small catalog or single sheets should be properly identified with division and section number for easy refiling. Standard vertical cabinets with pull-out drawers are used in most offices and provide considerable storage space with minimum f loor space at the line. Five~drawer-high cabinets have the disadvantage that the top drawer may be too high to provide easy visibility or access to its contents. Some offices have used side-opening file cabinets where the entire
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length of the file is exposed when the side is opened. This type allows more free access to the frames and metaledge folders. Each office will have a preference but in the process of establishing a workable system they should not overlook methods with which they have not been familiar before.
3. GENERAL SAMPLES Every office and uses samples of materials of construction. When the number is few they may be easily located on a desk, in a bookcase, in a box, or even in a small ~ile in the "back room". If the office customarily uses the same materials over and over, minimum labeling is required to keep track of various items. In many cases small samples of ceramic tile, resilient flooring, and similars are boxed by the manufacturer so labels are not necessary. As the office business and personnel grow , so do the number of different samples. When the products of one producer were adequate for a smaller project, now a number of-similar or equal products may need to be considered. No longer can samples be piled on the desk or in a box for one project. Comparison is required for other materials for other projects and a system must be devised. Again, call the Divisions of the Uniform System into play . Provide boxes, bins, or some other convenient containers for each product or similar products. Into the same box file all samples of resilient flooring for example. If there are too samples divide them into similar categories, i.e., asphalt tile, vinyl, cork, rubber. etc. Boxes should be sturdy and not too large to be difficult to handle when loaded. Upon the exposed end or side, put a large division number and a list of the contents by material and supplier. Label each box, carton, or individual samp le contained in the file box, with division number , manufacturer ' s representative might also be inscribed to make communications with him more rapid if needed. Sizes of individual samples sometimes pose a problem. Full size ceramic tile samples may be 1 % x 4 ~, or miniature (about 1 ~ x 1 ~) depending on the manufacturer's choice. Most other samples may originally be larger, and consequently harder to store. A good size for almost any sample is 6" x 6". Pesilient flooring (usually 9" or 12" square), acoustical material (usually 12" sq. or larger). and many other materials supplied in standard sizes should be cut down to fit the storage module. It is obvious that full-size samples of doors, windows, skylights, and similar products cannot be expected to be properly stored. A 6" x 6" comer sample will usually indicate all of the construction adequately. Bricks, stone, structural steel shapes, roofing, generally may be treated in like manner. When a larger sample is required it is normally for a particular project and is not a general office sample. Label each sample properly before storing it in the correct box or bin .
4. PROJECT SAMPLES Project samples are acquired and used for one particular project and may be discarded after the project is completed or may be stored in the general sample file. Selection of proposed materials is generatly made from general samples but the actual· color, pattern, or other feature may be slightly different for project installation. These variations come about due to batch differences, changes in manufacturing techniques, natural changes in stone or wood, dropped patterns of colors, and other processing problems. Samples may be most any size, especiaaly those that are token or small general samples. Upon receipt of project samples, they should be checked for proper labeling. Labels describing the material, project identification, supplier, and other data are usually affixed by the provider of the sample, and project samples are customarily supplied in from two to six or eight identical units. While only one sampie unit may be retained by the office project manager, the others are needed for me genera) contractor, hia field superintendent, subcontractor, material supplier, and possibly the Bf'Chitectural field man .
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Project samples, if approved for installation, shoutd be plainly marked as APPROVED and should have the date and name or initials of the person as approving the unit retained by the project manager. When the project has been completed, ·and the project samples are no longer needed, they may end up in one of two places: the general sample storage, or in a completed project storage. Ultimate .storage will depend a great deal upon space available. If project samples go to the {Jenera! sample storage, it is suggested that an additional label be attached indicating date of completion 'for future reference. If space is available, and the office practice is to retain project samples for a period of time, they are essentiany dead unless, or until, they need to be dug out for remodel matching of the project or some similar reason . A good label, indicating the project and the various samples endosed in the box, may save a lot of time if a search is made at a later date for a particular sample. 5. BUSINESS CARDS Almost every manufacture's representative engineer, consultant, and many others have business cards which list company name, representative's name address, and phone number. These are left with architects or engineers to provide a ready reference. Cards simply thrown in a drawer have a little or no use and may just as well be thrown in the .wastebasket. Filing of business cards for easy reference is quite easy. Most cards are of fairty uniform size. usual!~ about 2·' x 2 'h '', and may be filed in the empty boxes that the A/E office cards come in. Separator cards made from light cardboard and indicating the sixteen Divisions of the Uniform System are ideal for providing easy card references. Cards kept by the librarian in this manner are much more usable than when kept by in. dividual project managers or in books or other manner. 6. DATE THE iNFORMATION One of the most important details necessary for library information and related samples is the date received. This also holds true for most all literature that is to be retained, in· eluding business cards of manufacturer's representatives. Put a date on it when it is received. This may be a simple but legible scribble with a pen on the outside of a catalog or upon a business card or may be a standard date stamp. Some offices will even have a catalog register in which all incoming material is listed before it is filed. This may be overdoing it just a bit, but serves as a good and rapid guide to check any material that may be lost and If organized in the Uniform System makes it easier to find information by divisions. If more than one copy of a piece of literature is carried, each should have a number to facilitate keeping track of it. Nothing is more useless than out-of-date . inforr('ation unless it is material without any date. 7. OBSOLETE MATERIAL When does informational literature or general samples become obsolete? Generall.v , when they are superseded by newer or revised and up-to-date replacements. The normal urge is to juok the obsolete material but in many cases, this may be the wrong thing to do in an A/E office. In some cases, remodeling, or additions to a project, may be made easier if original material is available, especially samples. With the present situation in regard to responsibnity of a project for years after its completion and use, an AJE may want to, or have to, prove materials were installed as approved by samples. Space, required to maintain this storage properly may be an important factor. Many companies carry older copies of Sweet's catalog file in reserve for several years beyond their current dates. Old copies of the thousands of separate manufacturer's catalogs would be a virtual impossibility, Otd specifications are usually stored on shelving and prov\de an easy reference for both materials and style. They should be used as a reference however and not used to copy "cold" as changes may have occured in
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manufacturing or during construction. Depending upon the volume if work done by the A/E these old "specs" may take up little or lot of shelf room. Filing of drawings of completed projects is another matter. A good clear set, preferably "as-built" set with all job changes, nine locations and inverts, and other deviations marked, may be stored in rolls and racks or stored flat in drawers. Each should bear a tag indicating project. date, type of construction , and other useful data. Rack storage needs to be organized by type of project of year of construction and a good index !(ept up to date . A similar index is n~ed ed if drawer storage is used and each drawer should bear a label of its contents. Project manager's notes, changes orders, etc.• are usually stored in file cabinets along with financial information or design criteria and general correspondence relating to the project.
8. MAGAZINES Magazines of all types relating to design and construction will sooner or later become another problem for storage and retrieval. Current or newly late copies are usually available in reception rooms. then at project manager's or designers' desk, then at dratsman's boards, and finally in the "coffee room". Some may disappear as various o1fice personnel feel that they need a certain copy more than the office does. After a period of time some offices gather up the old magazines, together with old catalogs, and give them to schools for student references . Other offices file magazines. Normal filing of magazines by title and month of issue is practically a standard procedure. Contents may be indexed by duplicating the issue table of contents and keeping these in a binder for easy reference. This method minimizes the labor involved, but has the disadvantage (perhaps) of including all of the advertising in the magazine. One possible solution is to periodically tear the various magazines apart, separate interesting articles into categories lchurches. hospitals, methods, business), bind these into booklets , and junk the remainder. If property done this will, for a time, provide good reference material for design and other areas. The J)f"incipal ·fault seems to be in the fact that the selected material eventually becomes too old for the value of preparation and storage .
9. OTHER MATERIAL A considerabfe amount of other mat~rial will gradually gather which requires proper filing to be useful. This information comes in the form of building codes, mechanical or electrical codes, ASTM files, specification guides of various types, "how-to-do-it" manuals, and trade association sta'lderds. Standards reference books on many subjects may also form part of the reference library and should be available for check-out the same as catalogs or other material. Controf over all reference materials must be maintained, as misfiled or missing unit ant lost units.
FINANCES AND INSURANCE How much money does it take to start a new business? There is no firm answer to this question since one business may start off with a flourish and another start with practi_cally nothing. One rule-of-thumb indicates there shoWd be enough cash available to sustain a business f9r six months to a year without furthef income. If we accept this rule, how much does it take in dollars? or in Pesos? Hopefully. the operators of the new effice have a little "nest egg" and a client or two with whom they are currentfy working. Until those first proiects are complete, however, the cash flow is. going out .-.d there may be some slack times in the future when there is little or no income. 1. YOUR FINANCIAL "GUESSTJMATE" • Even before opening the principal(s) should sit down and thoughtfully and carefully consider all possible aspects of the pnt:Sent and future financial conditions. Known factor are
the present income, house or car payments, food, utilities, and other living expenses. How will a personal business affect medical insurance, is there an existing bank. loan, what amount of savings, stock, or bonds are available, and what about family recreation? On the minus side of the new business venture, there is office rent, utilities, furniture, in· surance, office supplies, and a big contingency item. Perhaps on the plus side there is a project commissions. Make a budget and do not forget that your former check/paycheck will be a thing of the past. You are now the boss and regular income may no longer be so regular. Considerable thought should be given to the matter of office size and personnel since these are two of the most expensive items the budget may show. Most AlE offices start small , often with only the principal as the sole employee. If this will be the case for the new office, it is very probable that physical space may also be small, but what may happen if another person is employed? Even a one·man office may need, and want, space for several positions in the drafting area as well as reception and conference rooms. How much will the additional space cost o\'er a period of time as compared to the cost of moving each time the office grows? If the new office is to be a partnership, how much cash or other resources does each of the partners have, what income are they expecting do the additional person or persons increase required office space and expense? Make a com· prehensive study and a realistic budget before you quit your present job to start your own practice.
2 . THE ACCOUNTING SYSTEM In order to know if the office is profiting , the new principal must establish some sort of accounting system: a bookkeeping method which he personalty may maintain or at least of which he knows the rudiments. It is entirely possible that the expense accounting used for home and Internal Revenue may suffice for the Office system to a more complex one may be devised. The most simple is the day journal in which all daily transactions of expense and incomes are reeorded on the same page but in different columns. This method may work for a time but has a several disadvantages the principal one being the difficulty of determining the relationship of income versus expense on any one project, except with much searching and scratch paper calculations . A second major disadvantage is one that probably is important to any system; posting of accounting items needs to be done when they happen or are reported. Unless only checks are used to pay expenses, "chits" or notes should be made out for every transaction . The next step from the day journal is some form of double-entry system. Here the day journal may still be used for initial entry of an item and as a quick reference for day-to-day activities, but is expanded to allow separation of accounts, and information. In addition to the journal pages, there are pages for a number of accounts such as rent, utilities, equipment, payrolls, and for each client. Operation is relatively simple. As payment for rent is made, it is noted in the journal for general information and on the page for rent as a specific item. As time on the Jones project is noted as an expense in the jou~nal, it is also noted in the pages for the Jones account as expense. If a payment is received from Jones it is recorded similarly, except as income. Properly kept, this allows a quick check for items in a day journal and an idea of expense versus income for client accounts . Beyond these two simple systems the principal(s) may want to consult a qualified and ex· perienced accounting firm. There are several reasons for this suggestion. By the time this point is reached, the principal no longer has time to actually do the bookkeeping, nor the time to properly review the work of someone else doing it. In addition, there are probably items of depreciation on equipment,- notes or accounts payable, accounts past due, convention or educational accounts, payroll deduction of various sorts, insurance {property) as well as medicai, and a host of others. The accounting firm may set up a different method or may expand the existing one, may handle the actual book entrles or instruct of-
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fice personnel, and may also act as tax consultants or financial advisors. In any case, it may be to the advantage of the principal to thoroughly understand the system, even though he may not do the work, since he, partners, banks, or Internal Revenue, may want to know what it's all about some day.
3. CREDIT AND LOANS Credit is the early advancement of money or services against payment at a future date. There has almost always been credit advanced by someone to someone else but present day business operated about 90% on credit. Credit-charge-cards, banks notes mortgages, all are credit originated. Sooner or later the A/F will reach a situation in which he needs more money to operate than he has and will need credit. In many cases this is not even a matter of having the available money, but one of convenience. Few offices payday- to-day bills for office supplies, blueprinting, automobile fuel, or even utilities on a cash basis as they occur. When major expenditures are contemplated, it is often necessary to obtain credit from a lending agency and this process requires certain declarations of financial solvency by the applicant. One of the most common declarations of such conditions is the financial statement which shows assets and liabilities of the applicant. Along with any discussion of credit we might also consider the matter of loans. Loans are a bit different from credit in that loans are secured by some collateral owned by the applicant. Usually a loans arranged through a bank and the bank may accept stocks, bonds, mortgage, even an unpaid for car. as security for loan. The bank will probably not lend full value of the security, and quite often may require collateral in the amount of two or three times the loan amount. Loans have a time factor for payment, and may or may not be renewed. If the loan is not repaid, the lending agency may sell the collateral and keep their loan and expenses. all as agreed upon by the person receiving the loan. Any remaining money is returned to the defaulter. 4. PROJECT BUDGETS In order to determine if an A/E is making a profit, or working at a loss, it is necessary to first have some information or estimate of costs of the project. Larger or older offices have a basis for costs that they can apply if they actually make up a budget or not. For the new office a great deal may depend upon an educated guess. The proper budget includes all of the direct expenses such as design, working drawings, specifications, consultants if any, and perhaps blueprinting. If possible, the cost of securing the commission is also considered as a direct expense, and an estimate of administrative and field observance costs needs to be included. In other words all items that can be estimated from previous work and have a direct bearing on the project need consideration. Indirect expenses includes variable amounts of the rent, utilities, furniture, secretaries' pay, office supplies, and similar items that cannot be totally charged to any one project. It should be fairly obvious that each of these is necessary, but how to charge their costs equitably is the problem. The total cost of each item is calculated per year or per month and then the total of all indirect costs calculated. This amount is then developed into either a percentage or project costs, or an hourly rate figure which can be applied to direct costs. This total indirect cost varies from as low as 40% to as high as 90%, however, 60% to 70% is more normal. An additional factor needs to be considered. This is the item of reserves, or money put aside for a time when business may not be so good and the A/E needs a savings account to fall back on. The actual amount to be included in a project budget is determined by the A/E, less the total of direct and indirect costs. When the total budget is calculated; the A/E may find that his hourly rate is very low or that he may even be operating at a loss. Some economic writers and some professionals advocate that young, or beginning, A/E' ~ ac-
cept projects which indicate a loss, with the idea that such clients will hetp to build up goodwill. This may be advisable if the client has other large project, for which the AlE is fairly certain to be retained, few successful businesses have ever existed that continue to operate at a loss.
5. PAYROLL RECORDS
One of the most important records that the A/E needs is the record of time expended to produce the construction documents. This cards for draftsmen, as well as the principal, are useful for cost accounting, budget planning, performance of employees, as well as for payroll, purposes. The time card needs to coincide with the pay period and may be weekly, bi-weekly, or monthly. A time card need not have an excessive amount of information, but certainly needs the employee's name, space for project names, space each day tor time worked, pay rate (although this may be entered by the payroll clerk), and in some offices a space for a work code. Wort< codes clarify the type of work done by the employee and more than one office uses the following symbols. C P 0 W
Securing commissions, conferences, correspondence Preliminary work of all types, drafting, estimates Design development, drafting, estimates, renderings Working drawings of all types, some offices subdivide this category by number into structural, architectural, landscape, heating, ventilating, etc. S Specifications, combinations with P or 0 may be used for preliminary or design development phases. F Field work of all types M or A - Management or administration For the accounting department this allows separation of each work activity for each pro· ject. This, of course, is vitally important if an accurate account of profit or loss is to be determined of each project. For the A/E principal, these time cards provide a background for later project budgets. The cards also may indicate, to some extent, the ability of the employee, either compared with other employees or against some office standard. Ability, in this case, can only be a judgment of the speed with which the employee works, and can hardly indicate his skill, which may be more important than speed.
NOTE: The following Sample Documents are available in Booklet forms at the UAP Secretariat office.
282
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JOB PRODUCTION RECORD
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UAP DOCUMENT A-7 12
DATE : F R O M - - - - - - - - - - - - - - -
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PROJECT
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UAP DOCUMENT A-712 • JO B PRODUCTION RECORD • DECEMBER 1984 SERIES UNITED ARCHITECTS OF THE PHILIPPINES • CULTU RAL CENT ER • ROXAS BLVD, • MANilA. f'HILIPPIN!S
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BILLING FOR ARCHITECTURAL SERVICES UAP
DOCUMENT
A-709
ARCHITECT'S PROJECT NO. - - - - - - - PROJECT _________________________ ___
DATE-----------------INVOICE------ - - - -- -
PROJECT LOCATION - - - -- -- - - - -
REF. N O . - - - - - -- - - -- BILLING N O . - - - - - - - - - -
OWNER - - - - - - - - - - - - - - - - - - - - - - - - - - - -
To:
Attn.:
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0 Schematic DesigrrPhase 0 Design Development Pl\ase 0 Contract Document Phase 0 Construction PhaSfl 0 Reimbursible Expenses 0 Others
On the lbo>,e sul:>ject/proi'tct, the sum of--- - - - - - - - - - - - - - - - - - - -- - - - - -- - - - -
---------------------------------------PESOS (P _______________ The present status of the aec:ount is as follows:
ARCHITECT:------------
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UAI' DOCU ... EtjT A-708 • BILLI""G FOil ARCHITECTUAAL. SERVICES • DECEMBER 1184 EDITION UNITED ARCHITECTS OF TliE PHIL.l,.INES • CUL.TUAALCENTER •A OXAS 11.110. • ..AN IL.A, PH IL.IPI'INES
284
TRANSMITTAL UAP DOCUMENT A-707
ARCHITECT'S PROJECT N O . - - - - - - - - - - - - - - PROJECT _________________________________ PROJECT LOCATION - - - - - - - - - - - - - - - - - -
DATE-------------------------------
AEF.NO.-----------------------------PLEASEACKNOWLEDGE : ___________________
{ ) Rei:eipt of enclosure
TO:
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Return enclosure to us
ATTN: WE ARE TRANSMITTING HEREWITH :
( I Under separate cover
( ) As per your request
FOR YOUR :
( I Approval ( I Information
) Use
) Revi-/Comments ) Cqly/Recocd
( I Distribution
THE FOLLOWING:
l Sce<:ifications
l I Drawings
Change Order
( l Shop Drawings
( ) Samples COPIES
REF. NO.
DATE
ACTION REQUIRED
DESCRIPTION
ACTION REQUIRED:
III No Action Needed
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For Signature and Return to Office
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For Signature and Forward under Remarks
See REMARKS below
REMARKS: ________________________________________________________________
ARCHITECT : - - - -
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DATE
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MEMO: TO:
DATE :
FROM:
TIME :
0 For your signature 0 For your information 0 ~=or your files 0 For your approval
MESSAGE
0 For immediate action 0 For your comments 0 For typing (Final}
0 Please handle 0 Please note & return
0 Please investiga te & report 0 Please see/call me
0 0 0
Please advice As you requested Please make draft 0 PLEASE RETURN
RECEIVED BY
OFFICIAL RECEIPT UAP DOCUMENT A -716
DATE:--- ------------
INPAY.MENTOF : _________________________
Architects' Project N o . - - - - - - - - - - - RECEIVED FROM
Project - - - - - - - - - - - - - - - - -
Project l o c a t i o n - - - - - - - - - - - - - - THE SUM OF: (amount in words)
Form of Architects' RegulliT Services:
0 Schemati<: Design Phase 0 Design Development Phase 0 Contract Document Phase 0 Construction Phase
0 Reimbursible Expenses Architect:--------
By: __________________ Title:._ _ _ _ _ _ _ __
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6 . INVESTMENTS As the office begins to show a profit, there may be consideration to expand or to put the money into some sort of investment. There are several types of investment that may be interesting but some have built -in chances that the A/E should realite. Except in ext reme national financial depressions, or emblezzlement, savings account in banks or saving in-loan organizations are safe, guaranteed by the government, and draw interest at a stipulated rate agreed upon in advance.
Stocks and bonds represent a possibility for investment. Company stocks are issued to initial investors and sold ·~ r resold as the company · prospers. A stock may be originally valued (par value) at say , one dollar. The company may then develop a process or product, make a good profit and the value of the stock goes up and a dividend and a dividend stock is declared. As the company prospers, noninitial investors are willing to pay more than the par value of the stock and as more demand is generated, the price of the stock also increases. Stock buying is a gamble. There is no guarantee that the price one day will be more or less than the next day, nor that there will be a dividend. The A/E who invests in stock expects to hold those securities until the market price increases to that he may make a substantial profit by resale. Should the market price drop, the holder may sell at a loss or hold the stocks until they again rise, maybe tomorrow or maybe in a year or two. Preferred stocks have first call on company dividends . Bonds are pledges of a company against their property or equipment, or for payment of principal and interest. Instead of issuing stock or obtaining a bank loan, companies, cities, t he federal government, and another organizations issue bonds. Bonds are bought or sold in units determined by their face value and usually are in amounts of P1 ,000. Most bonds are some sort of coupon attached, each of which represents, and is negotiable for, certain periods of interest. Discounted bonds are sold at less than face value and are redeemable with the holder's name, some are not. Nonregistered bonds are transferable and may be cashed by anyone. Real estate offers several opportunities for investment. Outright purchase of land or a building appreciate enough for a number of reasons, but tie up money in rather large sums, even if loans have been arranged . Other properties, in need of loans, may secure t hese loans by mortgages .t1ich bear interest and have a due date. Mortgages usually carry rather high tnterast end often are arranged through realty or savings-and-loan companies. Occasionally an oppof'tunity may arise in which an A /E may agree to accept part of his fee as an investment 01' pert--ownership in ' project he design. In general, real estate offers long-term, large sum investment possibilities that may not be advantageous to the A/E.
, 7 . PROFlT SHARING
Prof it sharing is one fonn of reward often used tn the A/ E office to encourage better efficiency and reduce costs of operation. The theory is quite simple: a profit budget is set up,_ the employees wM a rrttte harder and faster and complete the construction documents at less than budget estirNte, and additional profit shows on the accounting books, and a distribution of the savings (or part of them) is made to the employees. The theory is great, but the practical appkation is a bit more complicated. To begin with, there must be a reasonable and proven basis upon which to establish the production standards. This may be determine by reference to similar projects if adequate work records have been kept. The next problem is to decide who gets what pert of the excess profi+. In most cases a substantial portion is retained as office reserve, w ith the remainder divided among employees and princip.t(s) in proportion to their positions or salaries . In many cases there is a recruitment for n*linun veers of employment within the office, and the payment may be made at inteJvels of months or upon the final accounting of a project. In addition to the
added money for participating employees, this method tends to promote interest in the office and an effort to reduce production costs. 8. RETIREMENT PROGRAMS Retirement benefits are very common in our present business world and many A/E offices have such plans. Most have requirements for a minimum length of employment in the office plus a retirement age to be reached by the dependable employee. Two major types of retirement programs are in operation : total participation by the office atone, and a plan of wages which are matched in some manner by the employer. Either condition needs to be thoroughly investigated with a good tax counsel and accountant as income tax situations differ in the manner in which the money Is saved and paid. Retirement funds are usually deposited in a trust funds or similar account, or may not be invested for their interest earnings. Considerable bookkeeping is likely to be involved, but the system tends to create longevity in employees and a feeling of belonging that is beneficial to office operation .
9 . WITHHOLDING More and more the burden or withholding portions of wages for various taxes has become the problem of the businessman and the A/E is no exception. Major items withheld are for income tax, social security, medical or health benefits, and possibly for retirement. The A/E should investigate these requirements as soon as he considers hiring any employees as there are stiff penalties for failure to comply. Philippine income tax deductions begin when an employee's pay reaches P6250 and, depending upon marital status and number of dependence, ranges from 17% to approximately 6% of the gross pay. All of these deductions must be accounted for in the name of the person involved , and very careful records must be kept. In addition, the employer is obligeted to provide matching funds for some types of benefits so the best advice is to consult with the proper authorities before becoming involved, especially since the methods and amounts are continually being changed. 10 . MISCELLANEOUS There are several other; but overlooked, minor expenses that are continually required of the AlE in business. First probably is the registration fee to practice Architecture or Engineering. The professional's identification card must be renewed every three years with the profession&{ Regulation Commission, in accordance with Republic Act. No. 6511. The fee will run up to Seventy five pesos (P75.00} for three years. Most cities require a business license to be paid by any form of profit-making enterprise within the City borders. Such a license is. normally subscribed to annually and the fee is Seventy Five !P75.00) pesos for one year. This is normally called the PTR or Professional Tax Receipt and is written in the Professional's Plan and Specifications. Membership in professional organizations seems almost a must in our current society, and may be Yery well helpful to the A/E in a number of ways. The UAP, which is the accredited Architects organization usually charges ·one hundred fifty peso~ (P150.00} per year. Similar fees are charged by PICE, PAMEE, PIEE, AMIEP, ASEP and others engineering organizations. Professionals should also register his receipts with the Bureau of Internal Revenue and secure a tax account number. At the beginning of the year, he shall secure also a residence certificate A and B. There are many benefits that a professional can get in joining professional organizations. Social as well as professional benefits through regular meetings, exchange of tdeas, and educational programs are gained. Most often than not, the large or main distributors or
290
manufacturers of important materials promote their products through product presentations. The professional gets a first hand infonnation of the latest products where brochures and samples are give free.
11. GENERALINSURANCE Insurance is defihed as coverage t-"{ coubact whereby a company agrees to guarantee a customer against loss under specified conditions. Public liability and property damage {Pl and PDJ are perhaps the most common of insurance policies, excepting life insurara-..:e, and . provide protection against liability for njury or death of a person or property damage incurred in an accident. Accidents do occur in the office, in connection with automobile operation, at conferences and construction sites, and are not always limited to office per• sonnel. Even though a c\aim against the AlE may not be granted, the co&t of defense may be considerable, so adequate inswance should be provided. The A/E should also consider cm.r general forms of insurance to .minimize loss. Fire in· surance of furniture and ~is relatively inexpensive, but may mean the difference between continuing or closi."lg • business if 8 fire occurs. Along with normal coverage of furniture and equipment, me AlE may want to consider a special policy or "rider" which would compensate tor k)a of ~awings and other office records by iire-water damage. The ideal protection is dupication and remote storage, but this is expensive, time consuming, and very convenient. Office storage in fire proof safe or vallft may also be an answer, but such devices are also ecpe~lsi'lr'e, may not be available, and are worthless in any prolonged or Intense fire.
12. WORKMEN'S COMPEHSAllON W orkmen's compensation insurcJnce protects the A/ E against claims resulting from the injury or death of employaas through industrial accidents. In most accidentS cases there must be negligence shown by someone in order for the injured party to benefit. This is not true in industrial accidents. Many states now have compulsary workmen's compensation insurance, either carried by employers or through companies on the approved list of state. Along with this type of insurance, a number of states also have systems for unemployment paymems or disability compensation, paid fully or partially by the employer. Since each state have diffetent requirements, it would be impractical to list all conditions her.e but the AlE has •ecords to keep and, in most cases, money to pay out, so thorough investi-gation shoukl not be amiss.
PUBLIC RELATIONS Almost every business CXMISidafs means by which they can create a good impression on the general public or influence IP8Cial groups of individuals to patronize their businesses. Architects and engineers_.. no different than any other businessman. By the use of public rela· tionship the AlE may promote his own business and increase the stature of his profession in g~neral. To be effective in eny public relation to public needs, and to communicating the office position to the pu~ic. The evaluation of the posi1jon of the firm should include what the firm currently has that t l)e public needs , or can provide, if or when a new service is wanted. This opinions in regard to community activities. To communicata ~ office position requ ires 8 good interpretation of services available and an effective WfiY to present the information to the public·. Selection of the proper medium is most impootant .Swell as proper timing. Quite often the anticipated pub.lic relations release or activity is almost literally cancelled due to poor timing although considerable money and effort may heve been·spent to produce it. The A/E must choose a proper medium, time, and content for any public relations program .
291
A very great deal of the profession of architecture or engineering involves public relations of one sort or another . Professional services must be "sold" to clients the same as any other product or service. This may not be the idealistic way to look upon a profession, but it is the truth nonetheless. Public relations includes adyertising, and although the major architectural society in the United States and in the Philippines frowns on advertising as such, there are a number of ways to obtain this advertising in the guise of. public relations also includes membership in various organizations, public speeches, project signs, magazine or newspaper stories, architectural compet!tions, office brochures, entertainment, and a variety of similar approaches . Public recognition of the architect or engineer and his work is a· natural desire. 1 . ORGANIZATIONS Architects or engineers belong to organizations, professionals, social, or civic, for a number of reasons. They belong to professional organizations for the prestige involved for interchange of professional ideas, and perhaps for a few contacts that may be made. Membership in social or civic organizations may provide direct contact possibilities to become influential committee members while diligently working for worthwhile projects. In the case of civic organilations. These contacts may be the supervisors, attorneys, and others who are important in determining who is considered for architectural or engineering work for the city or other political body. In the case of service organizations, the selfsatisfaction gained by working on club projects is complemented by some business contacts that may teed directly or indirectly to architectural work . Strictly social clubs, yacht clubs, tennis clubs, and the like, serve a dual purpose in providing recreational facilities in addition to possible contacts with future clients. Social clubs also provide opportunities and comfortable accomodation for entertainment of clients or prospects. Personal activity in professional organizations often adds prestige to the image of the
A/E. Holding the office of president, or other administrative office, indicates to the general public that the person is held in rather high esteem by his fellow and that they look to him for leadership. On a national basis the same is true except that local opinion is now greatly reinforced by the support of members in other areas, some of whom know the person only by his local reputation as a good leader . A similar but less important status may be achieved by elected leadership in service or social organizations. A certain amount of prestige is provided by being an officer of one of these clubs and interchange of club activities may provide contacts that could be advantageous. A word of advice at this point may also provide valuable. Oo not be carried away by the honor of being elected an officer of any organization to the extent that it threatens the business operation or the AlE's family life. In a number of cases, especially if the individual operates one-man office, the amount of effort, time, and money used to attend to responsibilities of club office, drains the professional office of required leadership and creates problems with the family. Money expended may be directly out of the AlE's pocket since most organizations have only token reimbursement for expense incurred for attending meetings and other activities. · Time away from the office is another major consideration . If the principal in a smal\ office is gone a great deal of the time, client contacts, as well as offjce supervision usually suffers. Continued absence from the family, due to club activities held at night, weekends, or in a distant city, also may be a cause for discord. The A/E should consider all of the advan· tages as well as the disadvantages of being an officer of a club before he accepts nomination.
2 . PUBLIC SPEAKING Architecture and engineering are interesting subjects to the general public and of special interest to certain groups. Opportunities continually occur to speak before organizations of all types and the accomplished spe~ker is invited on more and more occasions. Each speech not only reaches the immediate audience, but may be picked up as newsworthy by
292
newspapers, magazines, radio reports, or television. The latter may also develop into additional public appearances for the speaker. Speeches must be organized to be informative and interesting to the audience and should be well enough rehearsed to eliminate reading of a text, although infrequent reference to notes is acceptable. At projec!-opening ceremonies or dedication activities, the architect may not be called upon to speak but tnis visible appearance probably would seldom hurt him. In many areas the local schools have career days inVolving various occupation, and this. is also an opportunity for the architect or engineer to speaR to be seen. Both architecture and engineering expose the practitioners to more direct contact with a questioning public than most any other professions. There is a continuous quest for new clients that is not present in the medical field, and in many businesses the client or customer returns again and again due to economic rather than professional reasons. Each AJE will be expected to represent that group at 'pulse-feeling" meetings of city, county or planning commissions and should be able to express himself adequately, without the presence of stage fright, is a bid advantage in doing business and influencing others.
3. PROJECT SIGNS Project signs are one of the most inexpensive yet most effective means of advertising or public relations. These project signs may be single units indicating the name of the architect responsible for the project. or may be billboard size with colored rendering of the project, names of owner, architect. consultants of various kinds, contractor and list of subcontractors, financial lender. and other related information. Most offices have an established format and original for project signs: usually one for wood or metal signs ' which may be fastened to the building or support and one made on paper by printing or blueprint process to be attached to the glass in windows on stores or remodeling work. Some communities or clients have special requirements regarding project signs. so care must be exercised to avoid complications. Project signs should be large enough to be easily read at a little distance usually from the adjacent street. They should be well d~signed with a good clear indication of the name of the architect, the word architect. and office location. Fancy backgrounds, intricate lettering or office logo~, or clashing color combination should be avoided. If billboard type projects signs are to be used, the size, name sizes and arrangement, colors and other design detailing should be done by the.architect and a com. ponent sign painter engaged to do the work. Quite often the contractor and several subcontractors also will want to put up their project signs on the job so instead of a clutter of individual mismatched signs, the architect may specify a billboard project sign as a part of the contract.
4. MAGAZINE- NEWSPAPER ARTICLES This type of public relations or office publicity has certainly had its ups-and-downs over the year~ and probably will continue to have them in the future. In either case a published article accompanied by photo reproductions is good public relations, but there are both policy and personal problems connected with each attempt. In order to be publishable a building designed by an architect or engineer ml!st solve a community problem, be an award winner, be timely in regard to ~ new trend or method, or have some unusual qualities of size, shape or location. Publication may occur at the start of a project, at the completion years after because of special conditions or interest, upon receiving an award. or at some extraordinary point during the construction.
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Newspapers are interested in what is happening now and therefore have a different interest in the work of an architect or engineer. Newspapers are interested in projects affecting the community, the environment, or other current events. Often the A/E may prepare good copy for an artlcre about his project, describing the solution for a particular problem, or the Introduction of a new concept. Most newspapers are eager to have such news articles, but occasionally a paper adopts the attitude that since architects do not advertise, the newspapers w\U not give them free advertising by printing their articles, their names in the article or even their names on delineations. While this attitude may be quite rare, it is also a challenge to the AJE to prove to new ~itors, via lunches, professional meetings, invitations to "open house" activities, that AlE's do have newsworthy projects for publica· tion. The A/E who desires newspaper publicity must remember that time is of the essence for newspaper st ories, so delay of article preparation, wrong size or type of photographs, or similar factors missing a deadline by a day or an hour, may mean no publication at all. Magazines operate in a different manner than newspapers, so a different approach is necessary. Most magazine articles are placed through professional public retations firms or professional photographers with magazine contacts. Occasionalty, a magazine special features editor will seek the architect or engineer. but this is not the most common procedure . The A./E provides the information, but the actual story is most often written by a reporter or staff writer. Good professional photographs may be edited from the final article due to space requirements or timeliness. The matter of timing is import in magazine articles also, but not in the same manner as for newspapers. Two types of artic4es require different time consideration. The feature article may need several months advance planning and writing in order to appear at a certain appropriate date. Articles about winter insulation are not common in mid-summer; articles about construction or design of exhibitions needs to coincide with openings; some special issue of magazine may neP.d planning far in advance. Another type of magazine publicity is with "filler" information supplied by AlE's. These are usually short descriptions of a special feature, photographs of a special details, or combinations that are not time-dated . Such material is filed by the magazine until some occurrence prompts publication of such material from several so_urces, some seasonal reason is apparent, or perhaps simply to fill out a page or column . Both newspapers and magazines can be a source of good public relations. 5. ARCHITECTURAL COMPETITIONS Most architectural competitions fall into one of two categories: those that search for good ideas by a board of trustees or sin:'ilar body with no intent or consideration for compensation to the entrance , or competitions organiz~d to include a selected entry list and to provide equitable pay for each entry, and a contract to the finalist chosen. Young architects are usually the ones involved in the first type and occasionally gain a contract, but the basic idea is one of putting one office against another and then selecting the most desirable aspects of each entry. Quite often the parameters are poorly defined and the judging done by inexperienced amateurs. In the second type, the requirements are fully defined, each entrant receives some remuneration for time spent, judging is done by ar· chitectural professionals with some lay help, and a contract is awarded . With a wellorganized competition, it is possible to obtain news media exposure before and during the event, and the possibility of good follow-up during constructioin or at completion. Competitions require time to prepare and this is one of the greatest drawbacks when an office is busy. A considerable amount of advanced planning is also necessary as most competitors is usually made through professional, or trade magazines, by mailed flyers or invitations, and in many cases by manufacturers on a yearly b~sls . Submittals normally require several plans and elevations, often in color, properly coordinated, and on standard sized boards. Judging is generally by a selected jury and contestants are not present at the
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critique. Announcement of award is generally by the same media as the original announcement of the proposed competition, and submittals are returned to contestants who supply shipping facilities and expenses. 6. OFFICE BROCHURES
Almost every commercial organization of_., kind ha&~ brochure which they use as a public relations document . Many ot these firms distribute these brochures is advocated but some ideas are suggested. Brochures should be up-to-date showing good samples of the work that the office has done. In -*~ilion, the brochure should contain a complete resume of office personnel. Ourte oft8n photographs and individuals resumes of principals are included . Two methods are used to include photos of completed projects . For general use and without speciahzation, an office wm include work as many different varieties as possible. In some cases a large office will include only office buildings; if a laboratory building is anticipated, only photos of laboratories will be shows; or if a church is to be considered, only churches are included. This procedures is not possible where an office has had considerable experience end a variety of project types. Copies of award citations, publicity' clippings, and other data favorable to the office, may also be contained in the brochure . Cover and binding should be well designed. Brochures should present the best picture of the office but should not be self-laudatory or bragging in nature. Financial consideration is a big fac~or an preparation and use of office brochures. Blackand-white printing or four-<:0101 printing command a considerable difference in cost, but both may be used successfully. Many brochures are fairly simple resumes of an A/E office, designed to be left with a prospective client, and cost can be reduced by using black-andwhite reproduction. More impressive and more expensive, brochures include may photographs, color logos or other embellishments, high-quality paper stock, and are provided for display only at conferences or other meetings . Generally, t hese more expensive broch ures are kept by the AlE for multiple showing: While not strictly a brochure, many offices maintain a file of 3 5 mm color slides showing the office, personnel, and proiects for brochures or other presentation material and have rather limited or spea.l use. When used in the home office of the A/E, it is possible to have a projector and other equipment set up and seating arranged for easy viewing. If the file and equipment are to be used at the client's office, the A/E should be sure to obtain prior approval, determine if the equipment can be set up without undue inconvenience, provide a screen, extension, cords and related gear, and do everything possible to make the presentation interesting and convenient. Slide shows should be carefully organized to include only pertinent information, should be long enough to prevent boredom, and should have good accompanying narration.
7. ENTERTAINMENT Entertainment is a perfectly legal and logical method to publicize the office. Lunches, dinners, theatre parties, yachting cruises, and similar entertainment allows and semi-social exchange between the AlE and the prospective client. In a relaxed atmosphere it is often possible to " talk shop" while playing golf, or at some other entertainment. All such entertainment needs to show customary good taste in its proposal and should have t he possibility of producing business. tn a good many cases the A/ E may find that he, consciously or unconsciously, selects the same golf foursome to continue this entertainment even after initial contact has accomplished its purpose . While this may be good for his golf game or card game, it does not materially increase his number of business contacts. Entertainment like most anything else, can be overdone . While a certain amount of productive entertainment is perfectJy legal, for tax purposes you must be able to prove with whom you were, what was the business reason for the entertaiment and a reasonable cost.
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8. THE OFFICE Perhaps one of the most influential factors in public relations takes place in the office. By this term we mean the actual office location and appearance, as well as the quality of work produce and the personnel employed. Each professional, of course, has his own idea of what a good office is, but a hard to find space in a run-down industrial area of a city is not likely to impress prospective clients. The rent may be cheap· and the space adequate, the location may be near the center of town, there may be ample parking and all other desirable qualities, but the overall picture would not tend to indicate a successful professional practice. Perhaps a smaller space in a newer office-type building, with the possibilities of good street exposure and ease of location would be a better solution. Often a small buitding housing, real estate offices, contractors or engineers, or· others related t o construction is available, and a certain amount of remodeling or decorating may be advan· tageous. The interior of the office itself, especially reception and conference should reflect the general attitude of the office. Natural wood paneling and natural wood trim may indicate that ~he architect likes the feel and appearance of wood and .use-s i't in his design work. A more modern atmosphere of stainless steel or chrome furniture with lots.of glass. may indicate a feeling for more industrialized design. Photos of renderings of completed work are almost a must, and should be periodically changed to offset any feeling that only a few projects turned out well enough to display proudly. Cheerful, courteous, well-groomed personnel also reflect the office feeling and prompt attention to phone .calls, mailings , and similar work strengthens the public•s feeling of competency.
9. OTHER APPROACHES A number of more minor public relations activities may bring new contacts or retain contacts with former clients. Attendance at openings by a principal of the office is a must and quite often is accompanied with appropriate flowers or card of congratulations. Keep up a good relationship with contractors, real estate people, manufacturer's representatives and other who may have contracts through their businesses or social groups that the architects does not have. Christmas card and birthday or anniversary cards also serves as a reminder. to past or possible clients, that you are still in business and availab~e if needed. Other opportunities will present themselves from time to time and the· A/E should be able to work out methods depending upon type of client, type of project, and his own desire or ability to perform. Remember however, that in the long run, the well-designed building and the pleased client are the two important public relations devices that any professional may have.
BUSINESS ASPECTS OF PROFESSIONAL PRACTICE
1. ARCHITECT'S CAPITAL In order to engage in the practice of architecture, one must have some tools and equipments before the practice has been estl!lb,ished long. Also some money presumably will been earned. Some of this earnings may not be due, some may be due but not col· lected in lieu of cash. If services are paid in cash, a part of the cash may be left in the treasury of the firm. It is also convenient to use ctedit with firms from whom purchases are made . 2 . ASSETS Anything owned. that has exchange value: a) Cash - may be changed for something else at any time.
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b) Accounts Receivable - consist of sums of money owned by the business and which are due. cl Prepaid - .some of the income of the business may be earned but not yet due. As an example, accrued income, if working drawing is done _!lalfway, it is accrued while the preliminary sketches are accounts receivable.
3. INVESTMENTS These are usually securities, but might include real property owned by the firm but not used for its practice. The purpose is to enable the firm to earn some income on the money which has been set up in reserve funds.
4 . PHYSICAL PLANTS al Automobiles - The most sellable item. In any Architectural practice, one automobile for use at least part of the time is necessity. b) Library - the second most sellable item is an up to date Library, which is essential for progressive, intelligent practice. c) Models and Art Objects - As an aid to developing an impressive atmosphere. This may help to stimulate business. d) Furniture and AppHances - More essential part. These may have somewhat the same as art object, but the ~se is mainly necessary to carry on the work of the firm . e) Alterations of Leased Property - If office space is rented, it is often necessary for alterations as to make it more suitable. f) Building - If the firm own the building it occupies, its value would be called asset entitled building.
5. LIABILITIES There are items of indebtedness of a business aJ Vouchers Payable - payable items among liabilities. The most urgent are current bills. b) Notes .Payable- money is from the bank or a loan from an individual or business, a written promise called the note is usually given bearing interest and due at a stated time. c) Prepaid Income - it may happen in practice that a client will pay in advance for services to be rendered. If this is done, the architect owes the client the service. d) Accrued Expense - such as the salary ot an employee which is -earned but not yet due. el Long Term Indebtedness - it might be that a firm would find it wise to buy or build a building or any additional equipment which would be paid for over a period of more than a year. This is a liability. 6. NET WORTH a) Capital Investment - when assets are purchased for the conduct of .a business, part of the money may be borrowed and part furnished by the owners of the business. b) Reserve for Slack Periods -The probability that some time in the near future there will be a period during which the volume of the work in the office is insufficient to operate the business at a profit provided for by the establishment of a fund. c} Surplus - Any profit left in the business in addition to reserve funds. 7. PROAT AND LOSS SYSTEM If a man produces more of anything than he and his family w ish to consume, he may: a) Trade it to someone who has surplus of something h.e may want. b) He may save it for future use.
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Accumulation of money by an individual may mean al that more value has been produced by him than he has consumed. b) that by assuming risks, he made profits. c) That he has loaned part of his accumulation to others with interest. 8 . ARCHITECT INCOME & EXPENSE
An architectural office, operating successfully under our present economic system shoukj make profit where conditions are normal. To accomplish this, the total income should exceed the total expense. If a firm is to avoid bankruptcy, when losses results from Its operation&, it is necessary that a reserve fund be accomplished from profits during periods which are normal. When responslbiUty, such as that assumed by an architect, must be carried, risks of losa
goea with it. Some risks can be recovered by insurance but every enterpriser must carry the principal rlsics of his business. Possible cunent uses, therefore, often are provided for by a reserve funds which may be called reserved for emergency. Payments fof service rendered by architects shoutd be In proportion to their professional ability. Salaries should be large enough to serve as recognition of the long years of training and the high caliber of native ability required. Since an ar.~hite_~ may usually be mote valuable to his own firm than another, the salaries of the principals of a firm should be somewhat higher than could be earned by some Individuals as employees of another archltecturat firm. The income from the operation of an architectural practice comes mostly from fees from cltenta. Income is really earned at the times the service Is rendered rather than when the service Ia paid for. An architecturaf firm might possible be successful therefore, during a period when more money is being paid out than received. If a firm hes accumulated earnings for reserve funds, and surplus, this should be invested. Thia produces more Income in form of interest or dividends from the investments. Such income is called non-operating income. Non-operating expense is usually small, being limlted ~inclpally to the actual expense of managing investments, including payment for time devoted to his activity. 9 . OPERATING EXPENSE INCLUDES
1) Direct expense - includes all items which are incurred in connection with definite building projects. a. Job development b. Production c . Administration Ex: salaries of technical personnel cost of consulting service cost of btueprinta & reproductions traveling and living expenses outside of agreed local area. Long distance and telegraphic message cost of expendable drafting materials. 2) Overhead Expenses - includes all items which continue whether or not there are many jobs in the office. Ex: telephone and telegraph charges, photographs, use of office and drafting equipments, office supplies, salaries of non-technical personnel use of library, transportation, management salaries, taxes licenses, contributions, gifts. Formula: Profit = income - expense
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10. SALARY, PROFIT AND OVERHEAD
It is worthwhile for an architect to establish his own practice, that practice should pay him a salary at least as large as the salary he would receive where he is employed by another firm. lf the work of the Architectural Office is being carried on from the home. a charge should be made for lights, heat and janitor service. Also a portion of the telephone bills, a portion of automobile expense and a portion of depreciation of automobile should be charge against the· business. NOT ES ON PRACTICE MANAGEMENT: MARKETING (By: Eduardo l. Roberto. Ph. 0.)
• W hat is Marketing in the Practire of the Architectural Profession? If Architectu re is the art and science of building then Marketing is the art and ~cience of satisfying building needs better than now or better than others.
" What is Marketing as a Management Area? It is one of the management functions carried out through the· four management processes. MANAGEMENT FUNCTIONS
MANAGEMENT PROCESSES
PLANNING
ORGANIZING
IMPLEMENTING
1. MARKETING
2. OPERATION S
CONTROLLING
______._ ~
3. FI NANCE
" What are the Management Processes? What is Planning? Deciding what to do now to improve the future. What is Organizing? Deciding who will do what with and under whom. What is Implementing? Deciding how to do what, when and by w hom.
What is Controlling? Deciding how well plans were organized and implemented so that the next planning, organizing and implementing will be better.
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What are the Management Functions? * Look at yoCJr income statement: Pro Forma with Ratios
ITEMS
YEAR
(Under Marketing)
INCOME: ..... ...... ..... .... .. .... .. .... ... .... .... .. ..... ... .. ... .. .... .... ...... .... .. ............. Architectural Service Fees Miscellaneous
iOO.O%
99.1% 0.9%
(Under Operations)
EXPENSES: ...... .... .. .. ....... .. ..... -...... ....... ... .......... ... ... .............. ............. . 34.2% Salaries. Benefits and Allowances 17.3% Professional Fees 5.7% Communication 12.7% Transportation and Travel Depreciation Materials and Supplies Rentals Utilities Light Water Telephone Amortization of ?reoperating Expenses Repairs and Maintenance Insurance Taxes and Licenses Representation and Entertainment Interest and Bank Charges Miscellaneous
99.2%
7.8%
6.3% 3.0% 3 .2%
0.9 1.2 0.9 0.6
4.0 0.3 l.1
(Under Finance!
EXPENSES OF INCOME OVER EXPENSES:
0.8%
Marketing Architectural Services MARKETING ARCHITECTURAL SERVICES Selling professional service is a matter of communication, and this is the process by which ideas are exchanged . In the past years professionals got a number of clients obtained throug" personal friendship and contact. However in recent years, the number of clients has multiplied and more and more they are corporate or committee in nature. This means that the selection oi professionals becomes a group decision based on analytical processes, rather than individual patronage. To cope with the consequences of all this, modern society has developed a whole range of new techniques of communications, marketing, advertising , promotion , public relations, merchandising, propaganda, and publicity. These are the terms and the tools. There are four basic levels involved in communication : a. Recognitton of the need: if the client who wants a custom house first calls in a builder . It is obvious that architects have incomplete communication. b. Clan ldentiflcatlon: when the local school board or highway department sends out invita· tion for professional service proposals, who w ill be on the list? Professionals must be sure their firm is counted in when all the firms. Tl'\ey consider equal are invited to submit proposals.
c. Competitive preference: The client will say one office looks better, one is cheaper. etc. So from a dozen firms under considefatlon, the choice is narrowed to two or three. Here Salemanship is important. A critical challenge to the professional's communication program at these stage is how an individual firm can have an identity different f rom or superior to its competitors. d. Selection : How one professional firm win a commission over its closest competitors is an equally complex and sometimes capricious process. It involves information, personality. strategy and some luck, all of which are elements of commun ication . The name of the game is salesmanship. Is Marketing Ethical? Is Marketing Professional? What really counts in the marketing of professional services is whether a given technique or ap· proach reinforces the professionalism of the seller to the client. In practical fact, most of the techniques prohibited by professional society ethics prior to 1970 are not ve~y useful because they don't sell in the market place. Those few that do help haven't lowered the standards of professionalism one bit. Is Marketing Ethical? If It is professional , you bet it is ethical. MARKETING VS SALES
Marketing deals with what you sell. Sales deals with how you sell it. There is a distinct difference between this two. The distinction begins with the difference between a product and a service. A product, in the sense of, for example an automobile, is a predetermined object which one buys or doesn't buy according to how the features it offers appi.Y to one's needs.
:m2
In the product world, marketing determines what is to be sold, and selling is a clearly distinct function which tries to persuade as many people as possible that the established model is just what they want. ··-
A service. on the other hand. is frequently marketed and sold at the same time. The customer who wants a bridge or building designed is originally more concerned with the process by which the engineer or architect will design it than with the end result. Considerations such as the firm's professional response to the program of the project, its approach to project management, and ability to meet budgets and schedules. and the personal chemistry between buyer and seller are the elements being purchased. As the skillful design firm adapts what it can do to the particular needs of the assignment at hand, and puts together a persuasive proposal demonstrating why its approach is just right for this particular project, it is marketing and selling simultaneously. In this context it has been demonstrated time and again that firms which offer a truly remarkable service will have lots of good assignments whether they are doing any active selling or not. Conversely, it has been equally demonstrated that firms which Jearn to sell but don't have much to offer will have very much less if no clients at all.
IMAGE OF THE PROFESSION Every business has an image from the moment it opens its doors. The founders of a given business can, by their approach. endeavor to shape their initial image. A new professional firm may, for example, wish to be known for "design", or for "highways". or for "comprehensive service''. or any one of numerous special qualifications or talents. It is up to the principals to decide what image they want. and in this context, there is no such thing as an image being "good" or "bad". In practice. every professional will be concerned with two different images. First - is the image of the profession as a whole. Second is the image of his own practice. Individual professionals cannot escape from the image of their profession, whether they like it or not. If people believe that Engineers are stodgy and architects are expensive, no single pro· fessioinal (no matter how change that on their own.)
IMAGE OF THE FIRM The public image of engineers of architects as a group creates the market for professional services. But it is the image of an individual firm that will capture a share of that market. The same principles ot image analysis apply when an individual iirm is planning its own marketing strategy. Foremost is the need to be sure that your view of yourself is shared by your clients and prospective clients. When all is going well, and a firm has a good batting average in competition for projects plus a high ratio of referral commissions walking in, it can be assumed the firm's image is positive. This does not mean. however, that the principal's view of the firm's Image is the same as the image held by clients. For example a firm that thought itself as strong in land planning services because it had most of the work in town, found through an image study that it got the work because it was cheaper. not because it was thought of as particularly strong professionally. Since the firm was having trouble making money, the image study demonstrated that it had a much larger marketing problem than was originally recognized. In some case studies. it was found out that to improve one's office in terms of winning competitive commissions. the name of the firm should be changed. If the principal architect has been there for quite some time, who has earned a negative image such as being opinionated, inflexible, and hard to work with, clients were reluctant to give work to the firm as long as he was perceived in control. So the solution is to retire him, put a young architect in control and limit or omit the founder from further interviews.
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THE BUSINESS DEVELOPMENT PROCESS There is a distinct step-by-step sequence by which professional services are offered, considered, and commissioned. From the professional's standpoint this business development proces.s can be divided into eight steps.
1 . Market Research - determining what kind of work you want to do and where to get it . .
2. List Building - identifying those with whom you want to be in touch.
3. Bird-dogging - beating the bushes to f ind the live ones. 4. Strategy Research - learning enough about each quarry to determine your choice of selling weapons.
5. Courting - the art of making professional relationships. 6 . Paperwork - preparing the forms and questionnaires. 7. Interviews - putting yourself across
8. Closing - making the sale
1.
MARKET RESEARCH This has two simple objectives:
1. Determining what kind of work you
w~n t
to do.
2 . Learning how t o find those who sponsor this work. According to professor Theodore Levitt of Harvard Business School. There are four phases in life expectancy of products or. services in the market place and knowledge of their cycle can be critically important to the timing of marketing strategy.
O&VaLOPto4&NT PHAS&' , • ., I I
,,_, ,___ ___1,_..
~1\0WTH
PHA$&
- - --
I
(ljfATURITY
P..M.
- .. - -·-......__ .. ·- -
[
-
-
-
iiME
_j_
..____,.
>
a. Market Development - the phase when a new service is first brought to or required by. the market, but before there is proven demand. Volume is low, and creeps ahead very slowly. There is generally very little competition. An example is when the first condominium was introduced to the Philippines . ·
b. Market Growth - the "take-off" stage when demand begins to accelerate and th e size of the total market expands rapidly. In Hotels, it was caused by tourism and world conventions. In school buildings it was caused by a baby boom. This is the most advantageous time to be in a market from a ~arketing standpoint. At the same time there is the sharpest increase in demand and the fewest competitors. c. Market Maturity - eventually demand begins to level off as the market need becomes satisfied and continuing volume is matched to national growth or replacement requirements. At this stage many firms have jumped on the bandwagon and there is rnore and more competition for a static market. As a general rule, by the ti me one sees example of a new project type rising across the landscape, that market cycle is w ell into maturity and it is late to cash in big. d. Market decline - eventually every service fulfills the demand or loses appeal or relevance . This is particularly true of the project and building type markets of in· terest to engineers and architects, because of our society's habit of "solving" nat ional priorities one at a time, ex:, the Government's highway program, the renewal of hospitals. etc., at this market stage there is more competition from firms that are geared up, but there i.s less and less w ork to go around.
The process of conducting market research is to establish: a. What market or pro;ect types will be investigated?
b. What territory (tocal, nationwide) will be studied?
c. Who are the sources that can be contacted for information? (Call or write the national office of associations and find out who of their Chapter or national Officers are based in the territory your are studying.
2
LIST BUILDING
I
Once a firm has selected the market it wants to pursue, the next step is to identify those who commission professional services for this work. At this stage the objective is to prepare a list of likely prospects to be. contacted later in search of leads. The yellow pages or the local phone directories is one source of list building. The Architect can write at least a hundred companies by inquiring if they have proposed projects and need the services of an architect.
3.
BIRD - DOGGlNG -
The Sales activity known as " btrd-
30S
3. The name and address of the executive in each organization who considers professionals and receives proposals. And from these contacts the professional will want to find out:
4. Whether the organization uses professional services such as the firm offers; and
5. Are any specific projects in prospect in the foreseeable future?
4• ~
STRATEGY RESEARCH
Finding the range before firing
There is nothing in the process of selling quite so exciting as the moment when one uncovers a genuine prospect who has an active project under way and is seeking the professional services one offers. Often, this moment arrives by mail from one of the organizations the professional has been bird-dogging. The letter will outline a scope of service required, and will ask if the firm wants to be considered. A questionaire may be attached. to be completed and returned by those who want to stay in the running. If the professional firm is really lucky, it may encounter a live project before it has competitors and while the field is relatively clear. Don't start the hard sell yet! This is a time tor strategy research. If you are going to sell yourself effectively later. now is the time to learn five things.
1 . Who is the Prospective Client? In addition to knowing the client's bus'mess, it is important to know who the people are who run the organization. All sorts of annual reports, catalogues, and directories list these names. It may happen that the officer of the firm seeking a professional is a friend, or a relative of one's client and this is good for referrals .
2. What is the Program? Every client has some sort of a program in mind. and it is wise that the professional will know all they can about that program before they start selling any services. Things to know are:
a. How did the client decide what it wants to build? b. Are the program requirements to be developed by the professionals who are about to be hired? c. If a detailed facilities program has already been prepared, is this to be rigidly followed or will the new professionals be able to contribute to it? d. Is there a budget? How was it arrived at, and how fixed is it? e. How will the project be financed? Is construction money available, or will money have to be raised after preliminary design 7
...
f . How will the project be built? 3. What is the Site? The professional should find out where the site Is. and should visit it. Most professionals agree that the character of the site has a very significant bearing on the design , quality, .and cost of any project built on it. At best, the professional's comments about a site which was already selected by a client may do much to demonstrate a philosophy of approach, and thereby help convince the prospect of the professional's suitability for the assignment . . The professional who gives good advice on an adverse site will invariably gain respect, and often will get the job.
4. How will professionals be selected? Strategy is all important in effective selling, and the prospect controls all the ground rules that influence strategy. These include: a. How many firms will be considered . b. How they will be initially screened {by written submittals or interviews). c. How many firms will be considered in the final interviews . d . Who will do the intetViewing.
e. What questions the intet'Vlewers will want to discuss. f . Where the interviews wiU be held (Is the room suitable for showing slides?}
g . How long the intenriew will last? h. Will price proposals be requested prior to selection? If "yes", how much weight will be given to the lowest price?
i. How the final se£ection will be made? j. Who will make the final selection 7
5 . What is the Timetab'e? There are two \2) important timetables a. The proj~t timetable. Obvtousty, an extreme timetable will influence a professional firm's ability to handle the job.
b. The timetable for setection of professionals. This ties in directly with the other aspects of strategy discussed above. From the sales point of view it is particularly valuable to knOw the " considercrtion time" that may be alloted between receipt of written submittals and selection of those to be interviewed; and the time be· tween the end of the interview and the final decision. Knowing these timetables may open up valuable opportunities for follow-up submittals, personal contact, and other erhk."tive techniques for salesmanship. When the timetable is not known. a great deal of effort can be wasted. And so the best way to Jearn the timetable is to ask the prospect. STRATEGY JUDGEMENTS After getting the answers. there are three important questions the selling professionals must ask themselves.
1. Do we want the job? 2. Have we any ChanCe of getting it? 3. It we go after it. wtwrt is our best strategy to win it? ln prac!ice, there is a tremendous cost in losing . Internally the energy that is spent putting together long-slot Pfopos• inflates the marketing budget and, more importantly, detracts from the kind of maximum energy that should be applied toward the ones you really can win. Externally, it is neYa"" w*t to let a client reject you because you have no bl.!siness trying to get the job. There is no faster WfiY to gain respect to one's professional judgment. than to withdraw from consideration for a job which is not your cup of tee. In other words, write the prospect an~ tell them the truth. If you .cannot tackle the job, tell them it is not being handled by your small office. The moral is always to put the best foot forward. If it looks like one has no chance of getting • particuler job, don't go ahead and strike out. Every time a board of peers considef's and rejects 8t professionals, your batting average declines. And when average gets too low, not one wiJa give you a chance.
::W7
It can be assumed that all the competitors will have access to the same strategy data. But it is highly unlikely that any two c ompetitors w ill interpret all this data the same way . The judgments you make at this stage will give you the greatest opportunity to establish your uniqueness in front of the client and hereby walk away with the job. It is good practice at this stage of planning and pursuit to review the following:
STRATEGY JUDGEMENT CHECKLIST 1 . What is the real job?
2 . .What do we know about the prospect (personality, position, decisionmakers, influences, preferences, etc.)?
3. What do we know about this prospect's project: - the objectives - their view of the problem - What they need from us (sc·ope of services)?
4. What is our view of: -
the prospect's objectives the prospect's problems what the prospect needs alternative approaches to the project?
5 . What does the prospect expect to hear from us? 6. What does the project need to hear from us? 7. What project team will be involved?
8. How will we present our approach?
9. What is the single most important message we want the client to know about us? You have the chance to adopt virtually any sales strategy you choose. The correctness of your choice in terms of whether you win or lose will depend, more than anything else. on the quality of your original strategy research. If you know everything there is to know about the prospective client, the assignment, the compef1tion, and the process of selection, then it is time to start selling!
5
I
COURTING All along the way, every selling pursuit involved courting the prospective client in order to develop rapport and confidence. In practice, some firms initiate in high proportion or all of their marketing at the courting phase. These firms know of certain activ·e clients with whom they want to work, and they focus their business development effort or getting known by these clients. Today's clients demonstrate a high degree of openness to new approaches and new faces. Courting by definition, is the process of establishing a level of professional relationship that makes the client comfortable with the idea of working with you - usually well before a decision is made on who will get the job. In every professional service, people must be comfortable with whom they are worki[lg if either party is going to get the most out of the professional relationship.
BASIC COURTING TECHNIQUES
There are three requirements to successfully court a professional relationship: 1. Be known
2. Be credible
3. Be useful The routes to becoming known are simple. One way is to be introduced and this can beeffective if the right person makes the introduction. The person making the introduction must have equal or greater credibility than by which you wish to be known. Lacking an introduction, the easiest way to become known is to introduce yourself and then reappear regularly and often enough so that your name· and even your face - are remembered and recognized. Getting known is iust this sort of process with all prospective clients. You must reappear at discretely regular intervals generally 60 to 90 days apart- and be patient enough to keep at it for six to nine months until you are readily recognized.
BECOMING CREDIBLE invotves both what is conveyed during the get-acquainted visit, and who does the conveying. tf the courting is done by a professional who is prepared to be the architect or Engineer for the client, the credibility conveyed will be quite different from what it might be if the catle.- is seen only as a sales representative or bird-dog for the firm. The bird-dog's role is to get information and finds the leads, and so only card-carrying registered professionals are given serious credibility. In any market, if the design firm's representative doing the courting is seen "only" as a
salesperson seeking work, credibility will be hard to establ~sh. Whoever is doing the courting must make genuine efforts to project a useful benefit to the prospective client, if any sort of credible professional relationship is to be developed. There are many ways to proiect the kind of benefits that will gain credibility. One way is to be an expert in the project type and make it clear to clients you know their business and may have something they can use. This is why a great deal of credibility is given to architects or engineers who appearonprograms_at £.!ient trade associations, write articles for client trade magazines. or otherwise become rccoqnitcd in a clien•'s field WhP.n •h1·s~~ professionals go courting, they are always way ahead of the generalists in establishing credibility. If the firm has particular strengths in personnel, location, process, cost controls; or whatever, these can be conveyed during the courting process to gain credibility. A good practice, when courting is to look for something specific to take the prospect on each visit - perhaps a printed pro;ect report that might be of interest, a reprint, of a trade magazine article about the firm•s wortt, or a new edition or supplement to the firm's brochure. The last but not the least route to credibility is through civic or professional associations. If the client sees you perform weH at something-even a wholly different activity - you will gain stature in the client•s eyes. This is why professionals who are active on civic boards or in professional society affairs do so well when they seek work from clients who are aware. of these roles. It is not the contacts that are made in public/professional service, that are so valuable, rather it is credibility you gain as one who has demonstrated the ability to lead and get things done. The final element of the courting process is being helpful. When courting reaches the stage where the prospect is comfortable asking for advice or a favor, and the professional is comfortable giving or granting it. a nature relationship has been established that will inevitably yield mutual benefits OVet' the long run.
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6 • COMMUNICATIONS ON PAPER - Letters, Ouestionaires and Proposals After contact is made and a project of-genuine interest is identified, the 'lext step is to I•
the prospect know if the firm is interested in being considered for the commission. How wal this is done - normally by letter and/or by completing a questionnaire - is critically important. With the introduction of price competition into the selection of design professionals. more
arid more clients have started calling for specific proposals which include both a defined statement of services and a commitment to fee. In most cases, the selection committee will request written submittals of brochures and questionnaires, and these will be reviewed to shorten the list. Thus. the quality of the paperwork submitted becomes very im'J)ortant. At the outset it must be emphasized that the real purpose of the documents submitted at . this stage of the business development process is to get an interview, not to get the job. Now is the time to communicate qualifications, not speci1ic services. Several generalizations can be made about the screening process: a. Firms with previous specific experience in the building· type under consideration ~lways rise to the top first.
b. If all firms give the same answer to a question, no matter how correct, the question becomes meaningless. c. A stock brochure. by itself will not receive the same degree of attention as individually prepared mat8fials. d. Graphic elaborateness of the submission is seldom an important criterion, and can induce negative reactions . Graphic quality, however, says much about the firm, and can be very important.
e. Brevity, with completeness, is an appreciated value . f. The genuineness of the firm's interest in the assignment under consideration is very im· portent. g. The covering ietter is possibly thP- most important document of all. Brief Resume of Key Persons, Specialists, and individual consultants anticipated for the project. If you propose the right people here in the right way, you are almost certain of an interview because the agency will look forward to the chance to meet them. If you propose the right people in the wrong way. you may be passed over for the wrong reasons. The Resume for each person should be CUSTOMIZED. Some Specific rules to follow:
a. "Name and Tit\e" In Gen8fal, organization titles are meaningless. Thus, don't say: John Doe, principal (or lliCe·prnident)'' say instead "John Doe, Civil Engineer or principal architect. Aim the title at the project. b. Project Assignment Don't hesitate.to .be redundant. As an example, "will act as Principal Engineer and Client Liaison throughout the project" . Make the function make sense in the client's eyeu.
c. "Other experience and Qualifications relevant to the proposed project ." Here, the most effective approach is to give specific examp.les of the person's involvement in prior projects similar to the assignmen~ under construction. The very best answers read like this: "Served as Project Manager for the Pl 0 Million XYZ project completed in 14 .months . on a fast track approach." "Designed the long-span structures for ABC project which won the AISC Award for innovative economies in steel. ·Job Captain in charge of production for the O EF Dam, involving management of a 1CO-person project team for 24 months." SCOPE OR SERVICE
All professionals must learn today to define their services whenever they are selling. do not say "normal architectural services" anymore. Since in point of fact there is no longer a "normal" professional service , and even if there were, how can one be sure that the client's definition of "normal" is the same as yours . A much better answer is : Comprehensive architectvral services including programming; Feasibility Analysis; site selection; Master Planning; Building Design; construction documentation and Specification; Cost Estimating; Interior Space Planning and Design; landscape Design; Construction Supervision.
CONSULTANTS Many questionnaires ask firms - especially architectural firms - to identify outside consultants they regularly engage or would use dt'l t he project at hand. It is w ise not to be hasty answering this question. Quite often, in both public and private work the client may have done some research ~w'hich led it to blacklist certain consultants whose performance it considers unsatisfactory. Where possible, a good answer is to stay loose, possibly with a general statement such as: We employ outside consultants after detailed evaluation of their suitability to the par· ticular project . including such factors as prior experience in the building type, geographic location, current availability ~f personnel, etc. Among the consultants who would be considered for this project are: (List several qualified firms in each consulting area} Final selection of consultant's will be made only after review with the client.
ASSIGNMENT OF PERSONNEL One question very often asked goes: "Name the key personnel who would serve as project manager, project designer, and job captain if your firm is selected, and give a biographical sketch ot each ." A major quandary occurs when a firm has what afe obviously t he " righ t " peopls on its staff, but they are not immediately available for reassignment. In such cases. it is entirely
proper to answer the question along these lines: Key personnel are assigned on the basis of their experience in the project type and th eir availability at the time the commission is awarded tc. us. Because we cannot be ce1 t.1-1i•1 when this project might be awarded to us, if at all, we cannot guarantee indefmitt.l•Y that specific personnel will remain avaiiable for this assignment. Attached ere biographies of two project managers, two designe~s. and two job capt ains from whom we would hope assignments for this project could be made. If we are selected for iinal consideration for this pt'oject we will then, of course, stipulate personnel to be assign· ed, and if they are unsatisfactory to the client we will withdraw.
This answer, obviously has two advantages . It does not commit the firm to tie up the key people waiting for an indefinite assignment, but it does permit the firm to submit biographies of its strongest personnel, even though it cannot be assured all of them will be available at the t ime the job is finally awarded .
PERSONNEL BIOGRAPHIES In preparing biographies of key personnel for presentations it is essential to tailor them to the assignment being sought. To do this, resumes must be custom rewritten for every project submitted. The most effective formats seems to be these that present the information in outline format, both because it is easy for the reader to focus on desired information, and because it is easier to insert- and edit custom sections . A composite of the outline format for b•ographies used by firms with a lot of experience in marketing their people would Include these elements.
Name Functional Title on the proposed project team-not the organization title (ex: "site Engineer in charge" or Project Manager" and not "Vice President) Role in Proposed Project This can greatly reinforce the validity of the proposed team to stay for each person something like: M will be specially concerned with site and regulatory constraints and will be based in Baguio City during the entire-on-site vestigation and programming phases of the project." ·
in-
EDUCATIONDegrees and colleges (if something specific can add strength, use it (ex: Wrote master's thesis on design of suburban Office parks".) REGISTRATION Registered with the Philippine Regulation Commission, Architect. Professional Membership United Architects Philippines, Philippine Institute of Civil Engineers. Related Experience: Here, include one or more one-sentence paragraphs describing relevant experience on other projects. These statements must be custom-written for each proposal because there are endless variations in emphasis that can be given to the same experience. For example, one person's project experience could be used in three different biographies as follows: A) Project Captain for feasibility Study of the 1 20 hectares XYZ Corporation Office Campus which Involved site and land planning, lend use analysis. and appearanee at public hearings. 8} Project Designer in Development Office Campus Plan for XYl Corporation encompass· ing Seven buildings each tailored to 111 different department, all on a 1 20- ha. Site where environmental preservation was a major constraint. C) Facilities programmer for 1 50,000 sq.m. XYZ corporation world head-quarters. involving interviews with 100.
Other activities. Here, mention can be made of civic or professional activities that bring credibility to the assigned role (ex: "keynote speaker at conference on land Use
Planning").
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Biographies on this format should never be longer than one typewritten page. Don't oversell, even if you have the ammunition. ;t one person has a dozen of relevant projects, choose only the best two or three so you don't make one person look far superior to others on the team. In terms of graphics, photographs with the biography can be a nice touch in many presentations. If a photo format is adopted, print the pictures on blank pages and then add the cust9m text by work processor, photocopy, or offset. Professional services is a people's business, and no marketing tool is more valuable than the ability to sell your service effectively.
REFERENCES The most frequently used influence system involves friends or contacts who intercede on one's behalf, more or less for personal reasons. It does not take a book to tell those who have such contacts how to play the game. The other formula for business development process for use of reference on fully professional term is: 1 . Use references whose judgement will be particularly respected by the prospective client. 2. Be sure they commit themselves to the project. Often references are asked for in the questionaire ; but is a good idea to offer references whether asked for or not. In doing so , remember it is the quality not the quantity of the references which is most important. Two or three names ate usually sufficient. If there is a choice, preference should go in approximately the following order of priorities: Satisfied Former clients; Persons in the same field as the prospective client Persons of stature in the community. Whenever reference are given to a third party, it is a good idea to forewarn the person stated so they will not be caught off guard if contacted. Sometimes a phone call is appropriate, but often a simple letter like this will do: Dear Dr. Jones I have taken the libeny of giving your name as reference to the North General Hospital Board, which is considering our services.
If you should be contacted we will be most grateful for any goo(/ words you can say on our behalf.
Ve;y Sincerely THE COVERING LETTER The best executed questionnaire and the best brochures may receive scant attention if they are not accompanied by a strong and effective covering letter. The letter or transmittal must emphasize the firm's specific qualifications for the job, and it must stress the firm's real interest in the assignment. The following is an examp\e of an ideal transmittal for a custom- prepared questionnaire and two inches of brochures.
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Dear __________________ We are honored to have been invited. To be considered as ArchittiCt / Engineers for the new XYZ Hospital. We have learned with particular interest the problems of budget and timetable which your Board faces. We believe we may be especially qualified to help because of our ex· perience with two very similar projects we have completed in the past three ye11rs. These are: ABC Hospital, where we programm(ld, designed and supervised constructio'! of e completely new 200-bed institution within a total time table of 30 months tn order to release the original building for urban renewal condemnation DEF Hospital; where we designed a 100-bed community hospitBI at a cost per bed 20• under the city's average snd assisted the institution in obtaining government financial assistance for 85• of the cost.
In addition to our direct experience with projects similar to yours, our offices are within walking distance of your new site, and two of our partners have their homes adjoining your property . we can, therefore. assure you the closest personal attention to achieve standards of design that w ill mak-e the new xyz Hospital a physical as well as functional asset to the community. Enclosed are the completed questionnaire and brochures requested in your letter of inquiry . We would very much like the opportunity to meet with your Board so that we may present our experience and interest in person. Very sincerely yours,
Several Ground rules about transmittals are: l. The primary purpose of the transmittal letter is to get on the short list. The job getting comes later.
2. The letter is a selling document, not a formal proposal. 3 . Brevity is essential. If questionnaires are attached, a letter of one to 1 1/2 pages is long enough. If no questionnaires are involyed, and the letter must be the complete statement, 3 or 4 pages should be.the outside maximum (even in such cases, a onepage transmittal and a three-page attachment may be more effective .
4. Always include the letter with a request for an interview. EXHIBITS OF EXPERIENCE
In general, regardless of what is included in the standard brochure, it is helpful to include in the custom paperwork presentation one or several project examples that directly address the interest of the prospective client. Often , they can simply be attached as loose· photographs with captions. fn more elaborate presentations, they may be bound into loose leaf binder containing the questionnaire and transmittal.
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The point here is that customizing a few illustrations to include the paperwork package is generally a plus, regardless of how excellent is the firm's standerd brochure. Wheneve~ ~aperwork can. be aimed directly at the assignment being sought, and appears to the rec1p1ent as something assembled particularly for that job, the message· conveyed is stronger than w~en it looks like boiler plate . this rule should be remembered in selecting the whole grapn1c f~rmat used to present paperwork submittals. Make the basic contents look like you cared enough to prepare it all individually for this one submittal. Then attach the stock brochures to that.
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PROPOSALS In practice, the elements that distinguish a proposed from a qualifications presentation are: 1 . A clearly defined approach to the work or scope of services.
2. A price 3. (sometimes) A proposed design solution.
Many sophisticated marketers of professional services will volunteer a proposal even when it is not requested . because they feel confident that what tb.ey put on paper will help outclass their competition. In other cases, the professional will conceive a service the client has never thought of and b·y< writing the proposal will actually be designing the job. This sort of thing is quite common in sQarch of government or foundation grants for research or prototype studies, espeCially for unique projects suet'! as a mass transit system. From interviews, the list of competitors is narrowed down to four firms and is issued a formal "REQUEST FOR PROPOSAL" (RFPl which call for a detailed work statement in reply, such as work team to think through the project. Prepare critical path schedules. organization charts, etc. DEFINING SERVICES
In essence, a proposal outlines a scope of service and sets a price. When proposals are drafted solely to record a legal agreement, they can be solely technical in nature. However, when a proposal is drafted before a commission has been awarded, it is a selling document and must be written to sell . One principal difference will be in how the services are defined. Technical jargon, such as "programming", "schematics". ''working drawings"· can be totally incomprehensible to the layperson. Such prospects may get the drift of what happens in these phases, but quite likely will not understand what it really means to the project, why the service is needed, or why it will cost so much. For example, this is a proper way to propose a service: Schematic design of the site plan, roads, utilities, and building, to established general locations, and massing fee due at completion: 1570
On the other hand, the same services can also be proposed in the following manner: PHASE II - Schematic Design - In this phase we will translate the program requirements into three-dimensional solutions, covering particularly : SITE ACCESS AND EGRESS .. Determination of best location for vehicle and pedestrian entrance and exits, including particularly an analysis of the traffic light situation on Main Street, and the feasibility of sidewalks. ROADS AND WALKS - layout of streets and path to preserve a maximum of the site amenities while keeping coats realistlc . UTILILTY GRIO - Establishment of a master utility distribution plan for water, sewer. storm drain, electricity, and gas planned to ,accomodate not only the initial program bat also to allow mass economical expansion in the future. BUILDING PLACEMENT AND FORM: Development of optimum building area, and height in relation to the functional requirements, topography of the site, zoning, aesthetics, and cost, with special emphasis· on the relative merits of a single structure versus a mul.tiple building complex. Attemata possibilities will be exptored throughout the schematic- Oesign Phase and all feasible schemes including relative cost estimates, will be reviewQQ with the client. The recommended scheme witt be developed both in drawings and a three-
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dimensional block model for presentation to the Board of Directors, together with a Schematic Cost Estimate which we guarantee to be reliable within 10% . Upon approval of Schematic Design, 1 5 % of the total fee will be payable. A good proposal makes specific reference throughout to the Individual factors of the project involved . And as it describes each service it will define the involvement of t he client and will clearly specify the output of each phase.
COMMUNICATING IN PERSON - THE INTERVIEW At this stage in the selling process, facts are much less important t han the personal interaction of the client and the professional. Every professional can tell when they meet a client with whom they would really like to work. The client reads the professional in just the same way . This then is the purpose of the interview- To convince the client that working with you will be an interesting and rewarding experience. There are a number of places on t he short list, and landing any one w ill do. At the int erview stage there is only one winner. This, then, is the time to take higher risks and go for broke because the odds are, if you play it safe, you will lose. To prepare for an interview, leam as much as poss\ble about the conditions order which it will be held.
a. Who will be interviewing - how many people will be present; what are their names? b. The physical setting - can slides be shown, will ther e be a screen or should the firm brings its own; are there easels for charts; blackboards, chalks, etc. c. The t imet able - is this the first or last interview of the day, how \ong will it last? d. The Agenda - are there particular subjects the Interviewers would like to see or hear abo ut? The ground rules for the interview will have 8 major influence on the approach and strategy to be followed . This rule w ill define whether the interview will be " FORMAL" or " INFORMAL". Someti mes t he interviewing client will be a single individual acting like the patron of old w ith complete authority to define the criteria, establish the terms of the working relationship, and make the selection. Developers, corporate enterpreneurs, and small business people frequently operate in this manner. Their interviewers are totally unstructured and generally result from a simple invitation to "come over and talk". This format usually calls for an informal interview. More often, the interviewers are a committee of a public agency or private organization to whom has been delegated the responsibility for selection. Frequently such committees will have little or nothing to do with the subsequent execution of the job; sometimes the interviewing group is merely a screening body with power only to recommend professionals for selection by higher authorities. Such groups tend to establish fixed formats and schedules for their Interviews and they often Issue invitations that stipulate the topics to be covered. The situations, by definition, are formal interviews. INFORMAL INTERVIEWS
To get the client int erested in the professional as an individual, a certain amount of SELF· CONFIDENCE is very helpful. In informal interviews try to avoid making a direct presentat ion of your case at the outset. If you Me one of several professionals the client is talking to it is quite likely the client has heard much of the same material before. And if you are the only firm being talked to, the client may not yet know why to care about the information
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being presented. In either case. a direct presentation should be avoided until the client has become interested in you . To do this, start off the interview by asking questions of the client. Examples might be: a. Has the program been translated into a detailed space analysis? b. How was the size of the site determined? c. Have you determined what zoning clearances will be needed? d. When will the site be available (cleared for construction to start? e. How do you expect to finance the project? f . Is f inancing available now, or w ill there be a wait after design while money is raised? g . Have you determined a philosophy of how this building should function? h. Have you considered how you will pick your builder?
i. How will you be organized to direct the project? j. Who will be in charge of liaison between yourselves and the professionals you select? The lucky professional who set off such a dialogue will be scoring points faster than ever could be registered by a formal presentation. Sometimes the professional's question will set off a discussion that will use up most of the time alloted for the entire interview . Don' t panic. This may be a high compliment. If time runs short, ask what t he prospect would most like to see or hear in the time remaining, and limit the presentation accordingly. FORMAl INTERVIEWS
This require an entirely different organization strategy. In the first place the setting tends to require a direct presentation at the outset, leading, hopefully, to some dialogue at the end. Secondly, an interviewing committee involves a number of different personalities, and the human connection is much harder to achieve. Finally, committees generally make decisions differently from individual patrons and it is important to recognize this in one ' s interview strategy. Committees most often make decisions by consensus, derived from largely objective criteria, rather than by simple confidence or instinct. In this sort of decision process, firms can easily get eliminated for minor reasons simply because the committee starts by looking for reasons to discard a contender. Sometimes committees select the common second choice if they all have different first choices since they choose professionals by being "fair" rather than with selecting the best firm . There are five basic questions which shou ld be answered in order to design an effective formal presentation.
1. What do we have to say to fulfill the formal selection criteria? 2. Who on our team will best relate to the personalities of the clients? 3. How should our people project themselves in the presentation? 4. What media will make it easiest for us to project our style1 5. What ls the one point we want the prospects to remember 10 minutes after we have left the room? The last questions is the most important. What will be used to identify the different contenders will be comments like:
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"The firm that did the XVZ Job" "The ffrm that said they could start tommorow" • 'The one who quoted the to·w est price•.. "The firm who told us. Whatever point you chose on which to stake your case, t,his is the place to take some risk. For if your one point is the same as everyone else - "We have a terrific record at cost control and meet\ng budgets" - it will be no point at all. When all firms give the same answers to the same issue, no matter how correct, the issue will become meaningless in the finP.I decision. The "RIGHT" interview message must come from your confidence in your abilities , your assessment of the needs of the client, and your response to those needs in terms of the approach and direction you would take if commissioned to do the job. This is why the client interviews more than one firm for a job - To find out what each might do with the assignment. The interview selection therefore decides more on issues related to the project itself than anything else. Some comments from interview committees are "I felt (firm X) just wanted the job; "I felt (Firm Vl was really interested in helping us"
The FIRST FIVE MINUTES
What happens during the first few minutes in the int erview room can be crucial to the sue· coss of a presentation . The objective is to get the attention of the members of the commmittee so they will be alert for the meat of what is to be said. How the team is introduced is the first consideration. If the professional group comes in and just give everyone's name, there is little reason for committee members to remember who is who. It is better for the moderator (or each person) to say something like: This is Engr. - - - - - -- - - --
who w ill be the chief structural engineer on
this·project. I em ~oniog
- - - - - - -- - - · a professional planner. and my role will be to get the approved.
Often, a helpful device in introducing the presentation team is to type the names and roles of those attending on a copy of the firm's letterhead and hand It to each member of the interviewing commitee. Another device to get the first five minutes off to a good start is to set forth the agenda for the presentation that will follow- A typewritten copy of the agenda you plan to follow may also be handled out, but be very brief. Introduce with a comment like ·"I have here our brochure, project report on etc.) and I will have it with you to review later...... ) .. The most important thing to convey in the first five minutes in some reason why the com· mittee should care about the rest of your presentation. Saying something like the foltowing in the first minute or two may be very helpful: "We've just completed a study of 32 projects similar to yours built across the country, and later in our presentation we'd like to share with you what we think we've learned that will benefit your project.
or "I spent last Thursday walking around on your property and reviewing. The zoning maps in City Hall, anc:t I've prepared some diagrams to show you later that I think will interest you.
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WHO SHOULD ATTEND
Clients are asking to meet at the interview the people who will actually, work on their job~ not just the marketing principles . The fewer number of people to atttend the better . However, every member of the firm at the interview should be equally prepared to participate in the questions and answers in the open discussion. Frequently a name principal or project manager will take charge and introduce everyone else, but must be careful not to dominate the presentatio~ as to undercut the rest of the team.
PRESENTING PAST WORK
The prospective cli ent hires an architect or engineer to solve a problem. Above all else, the client wants to know that the professional will understand the problem and will design a structure to solve it. Consequently. it is very unwise to base a graphic presentation on the "pretty picture" approach. It is far more important to explain to the prospect how a few selected problems were solved than it is to show a great many different facades or interiors, .no matter how attractive if architecture or how massive 11 engineering. . A "problem solving" presentation may begin with an effective illustration of the completed project, or a picture of the original site, accompanied by a sequence of iliustrations showing how the solution works. If the problem was functional. the pertinent plans an.d sections of the solution may be shown. If the problems was one of site, it may be appropriate to show views of four or five schematic alternatives which were explored before the solution was found. !Never miss an opportunity to show a committee that there may be mote than one solution to a problem. This wilt reassure them, particularly if some members have pet ideas of their own which they want considered when the project is under design). . If the problem being illustrated is one of cost, or budget, show the elements which made economies possible. If the solution involves unusual structural systems or construction techniques, picture of the construction in progress may be very interesting to the committee . The basic rule is not to show anything which cannot be presented in terms of how it helped solve a problem. Clients rarely hire Architects just to design beautiful buildings. First and foremost, the client wants a problem solved. So an advice is that Architects should not explain the aesthetic reasons why a particular material or detail was used. The degree to which beauty should be a factor on the solution will become evident in many other ways, and is best dealt with after the professional has been hired. · OTHER ·INTERVIEW GRAPHICS
a) "Live Graphics" on flip charts, easels and blackboards where the presenter writes and draws the points being made. on the spot, have two advantages no other media. provide: The interview audience cen be made to feel the material being illustrated is explicitly for them, and not canned~ and the skills of the presenter at direct communication of concepts and ideas is clearly demonstrated. Live presentation work particularly well before give and take . bl Videotape andfor custom sound Film - the advent of portable videotape outfits and practical 8 mm sound film systems allows the preparation of custom audiovisuals that relays to the particular subjects of an interview - such as site survey clips of statements by team members who cannot lor should not) attend a presentation.
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c) Prepared Films and/or synchronized slide presentation - This doesn't work particularly well at interview since the materials has to be canned and becomes nothing more than an audiovisual brochure. If canned visuals have any use at all, it may be as orientation pro· grams in your own office, where th~y can be shown to touring selection committe.es. d) Models - these three-dimensional objects can electrify an interview. They generally require the selection committee to \eave their chairs and walk to the model to see it. A model of a previous project that explains unusual concepts can get people involved in understanding a · technical point. A model of a proposed site or existing conditions can become the center· piece for considerable discussion of alternatives. e) Slides and Photos - loose slides or picture boards that can be arranged to suit the cir· cumstances and are presented live by someone on the team are still very effective if the commentary makes a relevant point.
THE QUESTION PERIOD The professional is advised to treat the questions seriously regardless of how unimportant they may sound. At the same tlme, it ia good to avoid lengthy answers which the com· mitee may have heard several times already. As the interviews proceed each member will tend to find his or her "own!' questions which ere different from those being asked by others on the committee. The questioner then "owns" those issues, asks the same questions of every contender, and may make their own selection based largely on their reaction to the answers. Thus, if a question is technical, it is wise to avoid being specific unless you are professionally committed to your ground. For example, to the question: "Should this be a steel or concrete structure?," the ~st answer is: "That will be one of the first issues we will want to study for you. We would go about those study by ...... etc." Also, beware if the question and answer dialogue causes the committee to ask questions of professional judgn\ent. For example, a discussion of the site may lead a comm\ttee member to ask whether the professional considers the property adequate. A direct answer could be very dangerous, no matter what the professional may actually believe, because it could lead to controversy. A better reply may be a statement that a site feasibility analysis would be one of the first services rendered by the firm, if chosen, and concerns about adequacy of the site would be·brought to the client's attention immediately.
THE EXIT '
The conclusion of the Interview is usually a bit awkward, for time has run out, others are waiting their turn, and the committee will be a little embarrassed to have to acknowledge that such an interesting, professional discussiqn has also been a competitive enterprise. It is important to leave quickly and gracefully when time is up. ln tact it is good practice for the professional to be the timekeeper, and when the alloted time is over, offer to leave. If the committee wants to run overtime, it should be entirely their doing.
But do not leave without covering these 3 points: 1. Ask when the committee expects to reach a decision. 2. Aak if the ·cpmmittee wm have the opportunity to visit completed projects before reaching a deeision, and urge them to see some of the firm's work. 3. tnvite the committee to visit the firm's offices.
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CLOSING THE SALE
At this stage, the initiative is no longer in the professional's control. All the cards are now in the prospect's hflnd. However the professional may, after the interview write a summary letter making a f1nal, strong pitch tor the job. The purpose of such a letter is three-fold. First, it serves as a courteous "thank you" for the interview. Second, it allows the professional to restate briefly the particular strengths which qualify the firm for the job. lastly, it is a final oppQ(tunity for the professional to demonstrate genuine· interest in the assignment. · Where appropriate, this letter may serve to save the project that is slipping from the profes· sional's grasp. This can occur when, after an interview, the professional suddenly realizes that a critical point may not have been covered. VISITS TO PROJECTS Selection committees which do visit completed work usually are of two schools on procedure· Some, in an apparent effort to assure they learn the "truth" believe the visit should be made without the professional present, others welcome having the professional serve as their host and escort.
When the opportunity to escort the committee is presented, a few simple rules are applied. a. project visit should be chiefly visual, rather than technical experiences. b. The length of the visit, therefore, will be determined by how long it takes to walk through the project and see its sign'1ficant features. c. For laypeople, a tour of 30 minutes to one hour is long enough. If technicians with special interests are in the group, provide them with a separate escort so they can concentrate on their area of interest. d. If the project is or the same type being considered by the prospective clients they may welcome the opportunity to discuss programatic information with the users. Therefore, if the owner/occupant offers an escort, try to have it be a representative of management, not someone from the building maintenance or operation staff . e. Do not ever ask the owner to "lend'', The tour. What the proud owner wants to show will often be less than pertinent and will take too long. f. State at the front door the program you were asked to solve, and then explain the functional solution as you go through the facility. There is little to be gained by extensive discussion of detail, systems, methods or materials whose choice was not essential to the solution. g. Whatever is planned, dry·run it in advance with the project owner, or send an advance scout an hour ahead of the prospects. The best plans laid by phone or letter have an uncanny way of being misinterpreted, resulting in hour-long waits for a key to unlock the mechanical room.
OFFICE VISITS
If the committee agrees to visit the professional's firm office, the best rule is to be relaxed. A certain amount of tidying is probably in order. The staff should continue work· ing on whatever they are doing. The visitors will be very interested in seeing and learning about the work in progress. Be sure the model or appropriate schematic drawings of interesting project are out in the open in the drafting room. Then it is easy to pause during the tour and explain one or two particularly interesting projects. The tour of tt'le physical office should be supplemented by a further presentation around a conference table of the firm's organizational structure and the methods by which the project under consideration will be handled.
321
CONTRACT PROPOSALS At this point, generally, one has survived the qualifications screening and has passed the "chemistry" test: the client is prepared to work with you, but wants to know the hard terms and conditions before making a final commitment. Some firma simply use standard contract forms as their response when asked for a formal submtttal at this stage. But-it is better to present a more sales - oriented document. The basic Jequirement of such documents is that they should begin with positive statements of what will be performed. One good approach, is to write a letter agreement to which is attached a boilerplate statement of "terms and conditions". Another is to draft a custom contr.ct document for your firm and submjt a completely individual contract to each client when requested.
SELLING THE FEE At the outset it must be emphasized that being low-bidder is not analogous to selling a fee. If one has done the best job of selling one's charges, and then also comes out low among the competitors, so ·much the better. But the great majority of professional selections do not go to the lowest price. Clients are quite aware as architectS and engineers have maintained for years, that quality professional services cannot be obtained on price alone. If the client wants the service of one firm enough, and its charges are presented in a believable and persuasive manner, it will get the job even when it quotes the highest price. Quite often, price quotations are requested before enough is known to specifically quantity the work required. In such cases one of the ·best approach is· to quote a range, such as: These services can be performed et a maximum fee· of P - - - - - _ depending on your classification of the foflowing questions:
to P
or wa have designed past projects of this type at a fee between 'lb end % of construction cost, with the range depending on how much of the effort will be done by youf team and how much w\11 btf entwety OUT responsibility.
Above all, don't cut your price just lO win work. If you are worth what you must charge to be fairly compensated for what you do, quote fairly; market the value of your services as hard as you can and you will win plenty of work.
322
Architect-Own·er Contract Form OWNER - ARCHITECT AGREEMENT FORM U A P Document 401 PROJECT LOCATION OWNER ARCHITECT THIS AGREEMENT. made and entered into t h i s - - - -- · day o f - - - - - - Nineteen Hundred 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, hereinafter called the ARCHITECT .
WITNESSETH, that whereas the OWNER intends to - - - - - -- - - - -- - - -- - - -- -
- --
-
-
-
----hereinafter called the PROJECT.
NOW, THEREFORE , the Owner and the ARCHITECT, for and in consideration of the foregoing premises and of the other covenants hereinafter named, agree as follows:
ARTICLE 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 planning of the building including other concomittant structures, as may be determined by the Owner. 1.02 Designing of the - - - -- - - - --'-- - -- - - - -- - - -- -
ART. 2.
ARCHITECT'S BASIC SERVICES
The Architects's Basic Services consist of the following: 2.01 Schematic Design Phase a. The Architect shall consult with the Owner to ascertain the requirements pf the Project and shall confirm such requirements to the Owner. ·
324
b. He shall prepare schematic design studies leading to a recommended solution together with a general description of the Project for approval by the Owner . c. He shall submit to the Owner a Statement of Probable Project Construction Cost based on current cost parameters. 2 .02 Design Development Phase !Preliminary Studies)
a-. The Architect shall prepare from the approved Schematic Design Studies, the Design Development Documents consisting of plans, elevations and other / drawings, and outline specifications, t o fix and illustrate the size and character of the entire Project in its essent ials as to kinds of materials, type of structure, mechan ical, electrical and sanitary sy stems and such other work as may be req u i r~d .
b. He shall submit to the Owner a further Statement of Probable Project Construction cost. 2.03 Contract Documents Phase a. The Architect shall prepare from the approved Design Development Documents, the Construction Drawings and Specifications setting forth in detail the work required for the architectural, structural, electrical, sanitary, mechanical , serviceconnected eQuipment, and site work. b . He shall prepare speci~ications describing type and quality o~ materials, finish, and manner of construction and the general conditions under which the project is to be constructed. c. He shall furnish not more than five (5) complete sets of contract drawings, specifications and general conditions for purposes of bidding. d. He shall keep the Owner informed of any adjustments to previous Statements of Probable Project Construction Cost indicated by changes in scope , requirements or market conditions . e. He shall assist t he Owner in f iling the required documents to secure approval of governmental authorities having jurisdiction over the design of the Project. 2.04 Construction Phase a. The Architect shall prepare forms of contract letting, documents for construction, including forms for invitation and instructions to construction bidders and forms for bidder's proposals. b. He shall assist' the Owner in obtaining proposals from Contractors and in awarding and preparing construction contracts . c . To the extent provided by the contract between the Owner and the Contractor . he shall make decisions on all claims of the Owner and Contractor and on all other matters relating to the execution and progress of the work or the interpretation of the Contract Documents. He shall check. and approve samples, schedules, shop drawings and other submissions only for conformance with the· information given by' the Contract Documents, prepare change orders and assemble written guarantees required of the Contractors for submission to the Owner. d. He will make periodic visits to the site to familiarize himself generally with the progress and quality of the work and to determine in general if the work is proceeding in accordance with the Contract Documents. he will not be reQuired to make exhaustive or continuous on-site inspections to check the quality or quan-
325
tity of the work and will not be responsible for the Contractor's failure to carry out the construction work in accordance with the Contract Documents. During such visits and on the basis of his observations while at the site, he will keep the Owner informed of the progress of the work, will endeavor to guard the Owner against defects and deficiencies in the work of Contractors, and he may condemn work as failing to conform to the Contract Documents. e. ·Based on his observations and the Contractor's Applications for Payment, he . will determine the amount owing to the Contractor and will issue Certificates for Payment in such amounts. These Certificates will constitute a representation to the Owner, .based on such observations and the data comprising the Application for Payment, that the work has progressed to the point indicated. By issuing a Certificate for Payment, the Archit6ct will also represent to the Owner that, to the best of his knowledge, information and belief based on what his observations have revealed, the qvality of the work is in accordance with the Contract Documents. He will conduct inspections to determine the dates of substantial and final comp)etion and issue a final Certificate for Payment. f. If more extensive representation and inspection of the site is required, a separate full-time inspectors or supervisors shall be hired by the Owner. The conditions under which said inspectors or supervisors shall be selected, employed and directed, shall be agreed to by the Owner and the Architect and set forth as an exhibit to this Agreement.
ART. 3.
ARCHITECT'S FEE AND MANNER OF PAYMENTS
3.01 That the Owner agrees to pay the Architect for professional services, a fee of - - - - - percent (__% __) of the Project Construction Cost, with other payments and reimbursements and hereinafter provided, the said percentage being hereinafter called the Basic Rate. 3.0~ That payments to the Architect on account of his fee shall be made by the Owner as
follows: a.
Pesos (P
) upon signing of tl)is Agreement.
b. Upon the completion of the Schematic Design Services, but not more than 1 5 days after submission of the Schematic Design to the Owner, a sum equal tQ fif· teen (151 percent of the Basic Fee, computed upon a reasonable estimated con· struction cost of the structure. c. Upon the completion of the Design Development Services, but not more than 1 5 days after submssion of the Design Development documents to the Owner, a sum sufficient to increase the total payments on the fee to thirty-five (35) percent 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 eighty-five t85) percent of the Basic Fee computed upon a reasonable estimated construction cost of the structure as in b. e. Within 16 days after the awards to the winning bidder or bidders the payment to the Architect shall be adjusted so that it will amount to a sum equivalent to eighty-fi.ve (85) percent of the Basic Fee, computed upon the lowest Bonafide Bid or Bids or upon the winning Bid Price.
f. Upon completion of the work, the balance of the Architect's fee, computed on the final Project Construction Cost of the structure 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
4.01 The Owner shall provide full information as to his requirements for the Project. 4.02 He shall designate, when necessary, representatives authorized to act in his behalf. He shall examine documents submitted by the Architect and render decisions per~ taining thereto promptly, to avoid unreasonable delay in the progress of the Ar~ chitect's work. He shall observe the procedure of issuing orders to contractors only through the Architect. 4.03 He shall furnish or direct the Architect to obtain at the Owner's expense, a certified survey of the site, giving, as required, grades and lines of streets, alleys, pavements, and adjoining property; rights of way, restriction, boundaries, and con~ tours of the building site; locations, dimensions and complete data pertaining to ex~ istlng buildings. other improvements and trees, full information as to available service utility lines both public and private and test borings and pits necessary for determining sub-soil conditions. 4.04 He shall pay for structural, chemical, mechanical, soil mechanics or other tests and reports as may be required for the project. 4.05 He shall pay for design and consultancy services on acoustic, communication , elec~ tronic and other specialty systems b may be required by the Project. 4 .06 He shall arrange and pay for such legal. auditing, and insurance counselling services and taxes as may be required ior the Project or by the government. 4.07 He shall pay all reimbursible expenses incurred in the project as called for in Article 7 and all taxes (not including income tax) that the government may impose on the Architect, as a result of the services rendered by the Architect on the project whether the services were performed as an individual practitioner, as a partnership or as a corporation. 4.08 If the Owner observes or otherwise becomes awaFe of any defect in the Project, he shall give prompt written notice thereof to the Architect.
ART. 5.
PROJECT CONSTRUCTION COST
5.01 That the cost of the work or Project Construction Cost as herein referred to, means the cost of the completed structur9 to the Owner including plumbing and electric('ll fixtures, mechanical equipment, air conditioning equipment, generators, pumps, elevators, escalators, fire fighting equipment, automatic fire sprinkler system, communication and sound system elements attached to the building and all items in~ dicated in the drawings, specified or designed by the Architect. Other items if designed and planned by the Architect, such as movable closets, cabinets, pieces of furniture, covered walks, grottos, pools, landscaping and other items of similar nature are to be paid separately by the Owoer to the Architect as stipulated in Art. 7.02 The project Construction Cost, however, does not include any Architect' s fee or engineers' fee or the salaries of the construction inspectors. When labor or materials are furnished by the Owner below its market cost, the cost of the work shall be computed upon such current market cost.
327
ARTICLE 6.
BASIC FEE AND BASIC RATE
The "Basic Fee" and "Basic Rate" referred to in Article 3, applies to construction work done by a contractor or contractors on the basis of a lump sum contract or lump sum contracts. Construction work let on any cost-plus-fee basis, or on any basis other than the lump sum contract basis, where the Architect has to render more than the regular or basic services, shall be the subject of a special additional charge commensurate with the special services required. Such special charge shall be in addition to the Basic Fee provided herein.
ARTICLE 7.
OTHER EXPENSES CHARGEABLE TO THE OWNER
7 .01 Government Taxes on Services: The Architect's Fee as stipulated in Article 3 is net to the Architect. Any tax that the government may impose on the Architect as a consequence of the service performed for the Project {exclusive of income taxl shall be paid by the Owner. 7.02 Different Periods of Construction: that if portions of the building are erected at different periods of time, thus increasing the Architect's construction phase period and burden of services, charges pertaining to services rendered during the construction phase shall be doubled. It is understood that a suspension of construction for a period not exceeding six {6) months shall not be·covered by this provision. 7 ~03 SepsrBte Services: that if the Owner requires the Architect to design or plan movable closets, cabinets, pieces of furniture, covered walks, grottos, pools, landscaping and other items of similar nature, the Owner shall pay the Architect additional c'?mpensation in the amount of Fifteen Percent (1 5%) of the construction cost of the above work. 7.04 Other Professional Services: that the Architect's fee includes normal structural, electrical, sanitary and mechanical engineering services, but do not include services for survey, soil exploration and laboratory tests which are on the account of the Owner as stipulated in Article 4.04. Other services that may be needed in order to complete the project such as acoustic engineers mural painters, sculptors and interior decorators are to be recommended by the Architect for the Owner's approval and costs for these services are to be paid by the Owner and not deductible from the Architect's Fee . 7 .05 Miniature Models: that the Architect may make and include miniature models of studies as part of his preliminary sketches if he so deems it to be necessary. No extra charge for such miniature models shall be made by the Architect. If the Owner desires to have such miniature models of the final and approved preliminary drawings for exhibitive and display purposes, the Owner shall pay for the cost of said miniature models. 7.06 Per Diems and Travelling Expenses: a per diems of not less than Five Hundred Pesos (?500.00) plus travelling and living expenses shall be chargeable to the Owner on any occasion where the Architect or his duly authorized representative shall be required to perform services at -a locality beyond the radius of 100 kilometers from his established office . 7.07 Extra Sets of Contract Documents: that the Architect is to furnish the Owner tlve (5) sets of Drawings , Specifications and other Contract Documents. Cost for printing or reproduction of extra sets of Contract Documents when required by the Owner or his representatives is to· be paid by the Owner. 7.08 Changes Ordered by Owner: if the Work of the Architect is abandoned or suspended, in whole or in part, the Architect is to be paid by the Owner for the services
328
rendered corresponding to the fees due at the stage of suspension or abandonement of the work. 7.09 Work Suspended or Abandoned: If the work of the Architect is abandoned or suspended, in whole or in part, the Architect is to be paid by the Owner for the services rendered corresponding to the fees due at the sta.g e of suspension or abandonement of the work. The primary service of the Architect is the preparation of plans, specifications and other building constructions that shall serve as the basis for the Contractor to build the Project. Since the Architect has prepared all these documents he has completed this Contract Documents Phase of his services which is equivalent to EIGHTY-FIVE PERCENT (85) of his work. The remaining FIFTEEN PERCENT (15) of his work is broken down as follows: TEN PERCENT ( 1 0%) for the Architect's liability under the Civil Code -and· FIVE PERCENT (5%)
for the construction phase service which includes prepara· tion of contract document forms and periodic visits during the construction.
When the Owner therefore fails to implement the plans and documents for construction as prepared by the Architect, the Archi tect is entitled to receive as compensation the sum corresponding to EIGHTY FIVE (85) Percent of his fee.
ART. 8 .
FULL-TIME SUPERVISION
Upon recommendation of the Architect and with the approval of the Owner, full-time con struction inspectors as will be deemed necessary, shall be engaged by the Owner and their salaries paid for by the Owner. The construction inspector shall be under the technical con: trol and supervision of the Architect and shall make period'1c reports to the Owner and to the Architect as to progress and quality of the work done.
ART. 9 .
ESTIMATES
Since the Architect has no control over the cost of labor and materials, or competitive bid· ding. he does not guarantee the accuracy of any Statements of Probable Construction Cost, or any Semi-Detailed or Detailed Cost Estimates.
ART . 10.
COST RECORDS
During the progress of work the Owner shall turt~ish the Architect two (2) copies of records of expenses being incurred for t he construction. Up.o n completion of the project , the Owner shall furnish the Architect two (2) copies of the summary of atl cost of labor, services, materials, equipment, fixtures and all items used at and for the completion of the construction .
ART. 11 .
DESIGN ANO PlACEMENT OF SIGNS
All signboards of contractors, sub-contractors, jobbers and dealers that will be placed at the job 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 lessee shall consult the Architect in the design and size of all signboards, letterings, directories and display boards that will be placed on the exterior or public areas within the building , in order to guard the Owner's interest that nothing will be _installed in the building that would mar the function and aesthetics of the structure.
ART. 12.
OWNERSHIP OF DOCUMENTS
All designs, drawings, specifications and copies thereof, prepared and furnished by the Architect in connection with subject project pursuant to this Agreement, are instruments of professional service. As instruments of serv\ce they are the property of the Architect whether the work for which they are made may be executed or not, and are not to be reproduced or used on other work except by written agreement with the Architect. This is in pursuance with the pertinent provisions of Republic Act 545 promulgated on June 17. 1950 and of Presidential Decree No. 49 on the "Protection of intellectual Property" issued on November 14, 1972. ART. 13.
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 partners, 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. 14.
ARBITRATION
AU questions in dispute under this Agreement shall be submitted in accordance with the provisions of Philippine Law on Arbitration and provided for in Art. 2042 of the New Civil Code of the Philippines and the provisions of Republic Act No. 876. 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.
By :
ARCHITECT
OWNER SIGNED IN THE PRESENCE OF:
Republic of the Philippines) City Gf Baguio ) s.s. Before me, a Notary Public in and for the City of Baguio personally eppeared Mr. and Mrs. Clamor Suyat with Residence Certificate No.1 033417-F illsued on January 5 , 1987, at Baguio City and Architect George S. Salvan with Residence Certificate No. A issued at Baguio City, on J anuary 6 , 1987, both known to me and to me known to be the same person who executed the foregoing instrument and acknowledged 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 8th day of January 1987 in the.City of Baguio, Philippines.
NOTARY PUBLIC Until Dec. 31, 1987
330
Full-Time Supervision and Construction Management UAP DOC. 204 , . THE PRINCIPALS For the past 50 years in our country, the design and building construction process Is under· taken by Four principal members, namely: A. The OWNER or employer - who has the decision to build as to purpose, size, cost anc location. He orders the implementation of a project;
B. The ARCHITECT and his ENGINEER - CONSULT ANTS Who render design services, as to space, function stability, environment, aesthetics, and limited inspection work;
C. The CONTRACTOR - who performs and delivers the construction work through his men, materials and equipment.
D. The individual SUPERVISOR - or group of individuals who assist on the supervision and delivery of the works.
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ORGANIZATIONAL CHART 333
t=ULL-TIME-SUPERVISION Up to the early fifties when project were manageable in size, the Architect was assisted by a construction inspector, traditionally called CLERK-OF WORKS. As projects become more complex, there is a need for a construction supervision group who will do the full time inspection at the jobsite. The Construction Supervision Group is normally .recommended by the Architect based on their performance ·and hired by the Owner. He is responsible both to the Owner and the Architect.
FUNCTIONS OF THE CONSTRUCTtON SUPERVISION GROUP
1 . QUALITY CONTROL OF WORK He makes certain that the Contractor complies with the plans, specifications and other contract documents and assures that workmanship is in accordance with sound and accepted construction practices. 2. EVALUATION AND CONSTRUCTION WORK He assists the Architect and the Design Engineer in the evaluation of the work of the Contractor. 3. KEEPING OF RECORDS, REPORTS AND CONTRACT DOCUMENTS
DESCRIPTION OF TASKS
1 . QUALITY CONTROL a) Assist the Contractor in the interpretation of the Contract Documents. b} Obtain from the ~rchitect additional details or information if, and when, required at the jobsite for proper execution of the work. c) Conduct on -site-observations and check the quality of the work, materials and equipment for consistency with the contract dOcuments. d) Notify Contractor if any material or any portion of the work does not conform to specifications or if unacceptable in quality . Confirm this in writing. e Follow-up and check daily on corrective work being undertaken. f) Check that materials are properly stored, handled, and used on the project. ·..
g) Inspect safety measures taken by the Contractor. (see page 84) h) Supervise/perform sampling and testing of materials when necessary. Promptly report test results to those concerned. i) Check, in the company of Contractor and others concerned, testing of plumbing, eJect'rical, air conditioning, mechanical and other installations. j) Disallow the installation of any material and equipment for which shop drawings have not been duly approved by the Architect.
k} Forbid the use of materials, tools and.equipment, workmanship which do not conform with the plans and specifications . I} Require ihe removal or repair of defective or faulty construction ;
or
if construction which could not be inspected in ·place; or the construction of a critical item, expressly identified as such, and which was performed without inspection.
334
m• Stop any work which is not being done in accordance with the plans and specifications and the contract agreement between the Owner and the Contractor. n} Before any project nears its completion stage, make a list of items for correction, and check each item as it is corrected before final inspection.
2. EVALUATION a) Consider and evaluate suggestions or modifications which may be submitted by the Contractor to the Architect and report them with recommendations to the Architect for final decision. b) Review and verify nature, quantities, and contractor's prices on change orders. c) Confirm, review and verify Emergency/extra work orders claimed by the Contractor. d) Review with aU concerned the requisitions for payment as submitted by the Contractor and forward them with recommendations to the Architer..t Jor disposition. (see page 383J a) Be alert to the various schedules of completion date and to conditions which ma'y cause delay in completion and report same to the Architect. When the construction work has been completed in accordance with the Contract Documents, advise the Architect that the work is ready for general inspection an(j acceptancE 3. RECORDS a) Keep in the field office an ordflrly file of: -
Copy of the Contract Agreement Copy of Approved Plans and Specifications Copies of Building Permits and Licenses
b) Make daily Inspection Reports which include: • Weather Conditions. . . s_unny, fair, windy, Raining, Typhoon, etc. • Manpower Availability and distribution of skills ... Foreman, Head, mason roughing mason, finishing & tiling masons, Head Carpenter. rough carpenter, finishing carpenter, Head Steelman, Helper Steelmen, laborers. plumbers. electricians, painters, welders, timekeepers, storage men, etc. (indicate how many) • Construction Activities, by Phase . . . (Structural, Sanitary, Electrical, Mechanical. Architectural, etc.) • Equipment Utilization . . . Bulldozers, concrete mixers, steel bar cutters, hoists, vibrators, etc. • Materials Delivered/Checked . . . 100 bags cement, 2 bags damaged, 20 pes - 2f' x 8" x 12' - 0" 1 pc. rejected. • Correspondence/Memoranda Transmitted • Agreement/Decisions made • Official Visitors • Observations/Recommendations
335
c) Keep in File the following Documents: Progress and Accomplishment Reports Change Orders Payments Processed As-Built Drawings/Information Maintenance and Operation Manuals of Equipment; Certifications, guarantees , and the like for items furnished on the project. OTHER FUNCTIONS OF THE CONSTRUCTION SUPERVISORY GROUP
1. Conduct regular coordination meetings with the Owner, the Architect-EngineerConsultant, the Contractor , and such other parties as may be required, or their designated representatives. 2. Attend conferences called by the Owner or the ·Architect/Engineer Consultant . 3. Accompany the Owner, the Architect/Engineer-Consultant or their representatives. and government inspectors during their visits to the project. LIMITATION OF AUTHORITY
1. The construction supervision group shall not enter into the field of responsibility of the Contractor's project superintendent. 2. He shall not make decisions on matters that are the sole responsibility of the Architect and/or Design Engineer. LEGAL RESPONSIBILITY
The construction Supervision Gro~ is responsible to the Ovmer on administrative matters. On Technical matters he is responsible to the Architect and the Design Engineers. He does not have any legal responsibility as far as the present Civil Code is concerned. It is still the Architect and the Design Engineer who are responsible for their designs while the Contractor is responsible for his Construction work . QUALIFICATIONS Full-time Inspectors must be at least a college graduate who has a degree in Bachelor of Science in Architecture, Civil Engineering, Mechanical Engineering, Sanitary Engineer or Electrical Engineering . He must have some experience in designing and very knowledgeable in building-materials and in construction. · COMPENSATION
The Construction Supervision Group is usually recommended by the Architect and is paid by the Owrier either on a salary basis or on an agreed flat rate per month. Overtime work is paid on · a higher rate. THE ARCHITECT AS FULL-TIME SUPERVISOR
1) When requested by the Owner, the Architect can also perform full-time supervisory services. As the Architect of the project, he is in a better position to interpret his drawings and documents for compliance by the contractor. He can assign his staff to undertake the full-time supervisory work and perform those works enumerated herein. 2) The services of the Architect as full-time supervisor can be compensated for by any of the following methods:
336
a. Percentage Fee Method A fee of 1 % to 1 Y2 % of the project Construction Cost. b. Multiple of Direct Personnel Expense Method- this cost~ based method of compensation is applicable onty to non-creative work such as accounting , secretarial research, data gathering, supervision, preparation of reports and the like. The computation is made by adding all costs of Technical Services (man-hours x rate} and multiply it by a multiplier to take care of overhead and profit. Formula = Fee + Reimburseable expenses where Fee = Direct Cost x Multiplier and where Direct Cost Architect' s rate/hr. x number of hours (An .)
= =
Consultant's rate/hr. x number of hours (CN 2) Technical Staff rate/hr x number of hours (TN3
and multiplier is from 2 to 2. 5
and A
= Aeimburseable
expenses such as transportation, housing and living allowance of foreign consultants, and of local consultants if assigned to a place over 100 km. from the area of operation. Cost of Extra prints of drawings, overseas and long distance telephone calls, Laboratory Tests, Licenses, Fees, Taxes, needed by the project.
Fee = AN 1 ,CN 2 + TN3 x 2 + A c. lump Sum or Axed Fee - freQuently used where there is continuity relationship on a series of projects. It establishes a fixed sum over and above reimbursement for the Architect's technical time and overhead. An agreement on the general scope of the work is necessary in order to set an equitable fee. CONSTRUCTION MANAGEMENT Due to the growing complexity of construction projects, There is a need to have a mora effec· tive cost control and faster project implementation scheme. The construction Manager has emerged to fill this need in the Construction Industry. The Construction Manager could be a member of the staff of the Owner or he could be an in~ dependent individual or firm hired by the Owner to manage the construction of a. particular project. FUNCTIONS: 1 . Coordinator and Supervision al Recommends the General Contractor and Specialty Trade Contractors that would work with the construction team. bl Coordinates and supervises all construction groups invol'ved in the project. c) Approves methods and systems of qonstruction 2. Cost and Time Control a) Programming, planning and scheduling of all construction activities and sees to It that these are properly monitored during execution phase . b) Prepares Pert CPM and Cash Flow c} Reviews all change Orders and Payments prior to approval of Owner. 3. Quality Control of Work and Keeping of Records
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NOTE - The functions of the Construction Group becomes part of the responsibilities of the Construction Manager. The Construction Manager may hire the Construction Supervision Group under his employ or it could be a separate group hired directly by the Owner but works under the control of the Construction Manager. LIMITATION OF AUTHORITY 1. The Construction Manager shall not involve himself directly with the work of the contractor such that it may be construed that he is relieving the contractor of his responsibility as provided for in the Civil Code. 2. He shall not impose methods, systems or designs that will substantially affect the construction schedule and impair the design concept of the Architect. 3. He shall not interfere with the Architect's design if such design generates the necesssry environmental and aesthetic quality of the project. LEGAL RESPONSIBILITY The Construction Manager usually reports directly to the Owner and he is therefore responsible to the Owner on aU aspects of the programming, coordination, quality control of the work and cost control. However, he has no legal responsibility should the equipment fall to function as per design or should a portion of the building collapse . It is the Architect with his design Engineers and the Contractor who are responsible by law for their designs and Construction respectively. QUALIFICATIONS The Construction Manager may be an individual or a firm. The individual or the principal of the firm must be a professional. preferably an Architect .or Engineer, long experienced in the Construction field and possessed with managerial talent and capabilities. Those who were contractors or who have been in responsible charge of construction are usually capable of making the transition from Contractors lo Construction Managers. CONSTRUCTION MANAGEMENT CONTRACT Construction management contracts are professional service contracts normally negotiated between the Owner and the Construction Manager. A basic fixed fee of 1%% to 3% of -the estimated constructor cost is the total compensation. The contract provides for reimbursement for the actual costs of certain designated services and general condition items. OTHER CONSTRUCTION MANAGEMENT CONTRACTING CONCEPTS 1. To motivate the Construction Manager to reduce acquisition and operating costs, The services of the Construction Manager is compensated for by a range of incentive type contracts and provisions. During the initial stages of acquisition,.lncentive type contracts are appropriate such as: a) Award Fee Provisions The Construction Manager has the opportunity to obtain an award fee of specified maximum size if the measured cost-related values meet or exceed the specified target values . b) Price Adjustment Provision The contract price is adjusted upward or downward in accordance with a prearranged formula.
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c) Operating and support cost factor provision provides a direct incentive on operating and support costs. 2. For the later stages oi a project, contract types are used to encourage better construction management services. The preceeding types of contracts for construction management service are used according to gross estimates and complexity of wor1c. al Firm Fixed Price The Owner will pay the Construction Manager a fixed fee·. The fee will be unaffected by variations between the est imate and t he bids or by change orders during the construction phase unless the owners initiates an increase in scope. b) Fixed Price Incentive The Owner will pay the construction Manager a f ixed fee which is adjusted according to the difference between the final allowable costs and the target costs. cl Cost plus Incentive Fee {CPIF) or Cost Plus Adjusted Fee (CPAFl - Cost reimbursement type contracts w ith provisions for a fee that is adjusted by "sharing" formulas applied to the differf\nce between the final allowable costs and the target costs. d) Cost Plus Fixed Fee
The Owner will pay the Construction Management a fixed fee plus reimbursement of certain expenses incurred in the performance of basic services .
THE ARCHITECT AS THE CONSTRUCTION MANAGER Trained in. the coordination of various specialties , the Architect can also serve as the Construe· tion Manager. He c~n easily supervise and make sure that all construction activities are properly monitored and followed and that all worksmanship is of the quality desired with all costs incurred justified. The services rendered as a construction manager shall be compensated for separately since construction management is not part of the regular services of the Architect.
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Comprehensive Architectural Services CONCEPT
The Transition of the Architectural profession from providing "basic" and "additional" services to a comprehensive nature is due to the fact that a continuity of services related to design and construction of complex buildi ng projects is necessary for the execution of a completely viable project. Comprehensive Architectural Services is a range of professional services that covers predesign service, Allied Services. Construction Services and Post Construction Services . In this extended dimension. the Architect is the prime professional. He functions as creator, coordinator and author of the building design with which a project wilt be constructed. It is not expected that the Architect will actually perform all the services. Rather, he is to act as the agent of the client in procuring and coordinating the necessary services required by a project.
SCOPE OF COMPREHENSIVE ARCHITECTURAL SERVICES 1 . PRE-DESIGN SERVICES
a. Economic Feasibility Study b . Project Financing
c. Architectural Programming & Scheduling d. Budgetary Estimate
e. Site Election and Analysis {Utilities, Transportation, Cost, Land-use) f. Site utilization and Land-Use Study {topographic survey , soil investigation, building codes, government entity clearances, etc.)
g. Promotional Services {marketing) h. Space/Management Study (Functional Relationship) 2 . DESIGN PHASE :
(Regular Architectural Services) Preparation of C~ntract Documents a. Preliminary Design - (outline specifications, preliminary estimate, presentation drawings & models) b. Working Drt:twings
c. Specifications d. General Conditions e. Bill of Materials f. Part time Supervision
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BIDDING OR NEGOTIATION PHASE g. Selection of Construction Manager h. Selection of General Contractor by preparing and distributing Bid Documents and evaluating bids for subsequent Awarding.
3. SPECIALIZED ALLIED SERVICES
a. Interior Design b . Landscape Design c. Acoustics, Communication and Electronic Engineering d. Planning
4 . CONSTRUCTION SERVICES
a . Full-Time Supervision b . Construction Management building permits, pert cpm scheduling, keeping of Field Records for the Owners like: • Time records • Materials & Equipment • Progress Reports • Change Orders • Payments • As-built Information • Shop Drawings • Field logbook • Contract Documents • Test Results • Minutes of Meetings & Correspondence Request, issuance, evaluation and approval of change Orders, verification and certification of Billing given by Contractor for the owner's payment, approval of SHOP DRAWINGS made by Contractor. Qualify control by testing and sampling of materials at site and factory. Inspection of Structural, mechanical, electrical, Sanitary/Plumbing Systems, Inspection of Civil Works, Testing of all Systems, Verification of AS-BUILT DRAWINGS, Verification of Final payment Billing and occupancy permit. 5. POST-CONSTRUCTION SERVICES a. Building and Equipment Maintenance b. Building Administration
PROJECi -...ANAGEMENT When the Owner hires an Architect or a firm to coordinate the whole range of comprehensive Architectural Services this constitute Project Management. Project Management is therefore that group of Management activities over and above normal architectural and engineering services carried out during the pre~design, design and construction phases, that contribute to the control of time, cost and quality of construction of a project. It is a procedure by which an Owner, desiring to embark on a project of unusual scope and com· plexity. engages a professional management service to provide lechnical consultations during
343
the conceptual and design stages of a project and also to provide for organizing and directing consultation activities, including purchasing, supervision, inspection and acceptance. It is the intention and the practice of project management not to impinge or relieve the designers and contractors of their respective normal duties and responsibilities in the design and construction of the project. Project Management is supposed to augment, supplement and be complimentary to the functions of Architects, Engineers and Contractors in meeting the broad and complex requirements of usual projects.
THE PROJECT MANAGER
The Project Manager's role is to plan, program and monitor the various activities, and act as an adviser on material costs and construction methods. His primary responsibility, therefore, is the exercise of overall cost control. lt relieves the Owner of many of the anxieties that usually beset him, particularly those concerned with forecasting costs and completion dates. · DETAILED FUNCTIONS
A. PRE-CONSTRUCTION PHASE As early a~ practicable during design development, perhaps concurrently with the Ar· chitect's Commission, the project manager should enter regular consultation with Ar· chitects and Engineers (AE) and w ith the Owner on all aspects of planning for the project. Pre-bid management service might include: 1} Advice Owner and Architect on practical consequences of their decisions and design options. Review drawings and specifications, architectural and engineering, for the purpose of advising on-site conditions, appropriate material alternates, construction feasibilit.Y of ~adous systems and the possible designed cost implications of local availability of materials and labor. 2) Prepare periodic Cost Evaluators and estimates related to both the overall budget and to the preliminary allocations of budget and to the various systems. These cost estimates will be successively revised and refined as working drawings for each system developed. The project Manager will advise the Architect-Engineer and the Owner whenever the refined estimates shows the probability of exceeding the budget allocation, or whenever the construction t ime required for a given system is likely to prolong or delay completion schedule .
31 Recommend for early purchase (by the Owner of those specified items of equipment and materials that require a long ~ead time for procurement and delivery and expedite purchases in general. 4 ) Advise on the pre· packing of Bidding documents for the awarding of separate construction contracts for the various systems and trades. This will include advising on the sequence of document preparation to facilitate phased construction work during completion of the design development. 5) Consider the type and scope of work represented by each bid package in relation to time required for performance, availability of labor and materials, community relations and participate in the schedule of both design and construction procedures. 6l As schedule criteria of design and construction emerge , the Project Manager may, w lth the cooperation of the Architect-Engineer, work some of the design operations into an overall CPM or other network scheduling operation . 7) ·check bid packages, drawings and specifications to eliminate overlapping of jurisdict ions among the separate contractors.
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8} Review all contract to be sure that someone is responsible for general requiremer.ts o--the site and for temporary facilities to house the management and supervision operation . Sometimes the Owner provides temporary facilities and certain furnishings fcx conduct of the jobsite management and commerce. The project manager should ascertain that specifications for such headquarters and furnishings are adequate to the operation. Sometimes the general requirements are separate contract under which temporary site buildings. general guardrails, some items of machinery, access and security measures are taken care ot, either by a separate contractor or one of the primes doing other parts of the work. As early as possible, the project manager should set up a checklist of such general requirements to be sure that someone is responsit»e for each. 9} Conduct pre-bid conferences among Contractors . sub-contractors and manufacturers of systems and sub-systems to be sure that all bidders understand the components of the bidding documents and the management techniques that will be applied including any computerized inter-communication, network scheduling, and cash flow controls. 1 0. Review stipulations of the Owner with the bidders regarding the project management personnel, services control authorities, insurance, bonding, liability and other aspects and requirements of the project.
B. CONSTRUCTION PHASE The Project Manager reviews all bids for compliances with stipulated conditions. He also makes recommendations for awards and may, with the concurrence of the Archit ects , Engineers and Owner enter into the pre-qualifying and actual awarding process. On a phase construction project, he will coordinate t he awards with the planning schedule and provide the. following services: 1) Manage the general coordination and scheduling of work. 2) Maintain his own supervisory and inspection staff at the jobsite as well as conducting factory inspectjons as required. 3) Observe work in progress to assure compliance with drawings and specifications. 4) Confer with Architects and Engineers when clarification or interpretation of the documents becomes necessary. 5) Obtain and transmit in writing to all concerned any contract interpretations where any possible dispute may arise. 6) Set·t:.:-' on-site lines of authority and communication to be S!J re progress of work of all contractors is unimposed and the intent of the Architects and Engineers are.accurately fulfilled. 7) Set up assurances, perhaps in the form of organization charts, showing the project administrator exactly what on-site personnel and organization channels · are made without the written approval of t he administrator. 8 ) Establish procedures for coordination among t he administrator, architects, engineers, ~eparate contractors and the construction management organization. 9) Conduct such conferences among successful bidders as may be necessary to maint ain schedule and clarify any matter in dispute. 1 0} Revise and refine estimates as construction proceeds and as required to incorporate
345
approved charges as they occur. Monitor estimates and changes to be sure that neither the Jchedule nor the budget is in danger of being exceeded. 11 ) Establish procedures for proces•ing shop drawings, catalogs, and samples, the scheduling of material requirements, and prompt cash flow as }ob phases are completed . 12) See that each contractor's labor and equipment are adequate for ths work and the schedule. 13) Be aware of safety programs developed by each separate contractor and specially those safety provisions for the overall job as provided by the general requirements contractor. The project manager should be sure that this attention to safety provisions does not relieve the separate contractors of their responsibilities or liabilities for safety and/or property damaged) . 14) Assist the Owner and the various contractors in the development and administration of an overall labor relations program for the project. 1 5) Update and keep current the CPM or other computerized overall control and be sure that all parties with the need to know are informed . 1 6) Maintain records at the jobsite and elsewhere including, but not limited to records of all contracts . shop drawings, samples, purchases, sub-contracts, materials, equipment, applicable codes and standards, etc. Those records are to be available to the Architect and Engineers and Owner may become property of the Owner at the t ime of f inal payment. 17) Maintain Cost Accounting records of all job components including separat e accounting of the cost consequences of any change order and its effect of the schedule. 1 8) Keep accurate progress reports during all stages of construction . 1 9) Review and process all applications for progress payments. 20) Review all requests for changes and submit recommendations to the architec ts , Engineers and the Owner. 21 ) Implement any special client requirements regarding processing forms or job condi· tions. 22) Be prepared to supply documentation required in the handling of claims or disputes (and be sure the cost of preparing any such submission is covered one way or another in the construction management agreement). 2 3) Advise Owner to obtain from qualified surveyors such as Certified records of site conditions, elevations, floor levels, etc. as may be required. 24 ) Insure th at cont ractors maintain a current set of records, w orking drawings and specifications.
of
25) Set up a joint inspection t he whole project at some specified interval prior t o completion, t he inspection t o be made by t he Project Manager in c ompany with the Owner. the Architects and Engineers and other interested parties. This inspection a_nd the final inspection should be followed by decisions on the part of all concerned as to the most economical and/or expeditious ways of handling a "punch list" of incomplete an d/or faulty inst all ations. LIMITATION OF AUTHORITY
a) The project manager shall not involve himself directly with the work of the Contractor such that it may be construed that he is relieving the Contractor of his responsibility as provided f or in t he Civil Code.
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b) He shall not impose methods, systems or designs that will substantially affect the construction schedule and impair the design concept of the Architect. . c) He shall not interfere with the Architect's design if such design generates the necessary environmental and aesthetic quality of the project. LEGAL RESPONSIBILITY
Based on the Civil Code, the Project Manager has no legal responsibility insofar as design and construction is concerned. It is still the Architect and Design Engineers who are responsible for the design, while the Contractor is solely responsible for his construction. It is for this reason that the Construction Manager and the Project Manager are not allowed to interfere in the field of design and construction as this may be construed as relieving the designers and the Contractors of responsibilities as provided by law. MANNER OF PROVIDING SERVICES
Normally the Architect enter into a contract with the Owner to perform comprehensive Ar· chitectural Services. By the very nature of the services, he assumes the role of the Project Manager or overall coordinator whose functions were outlined earlier. To perform the variety of services indicated in the comprehensive Architectural Services. The Architect must make full use of his own capability as well as the services offered by other professionals. He may expand his staff by hiring the experts needed or form a professional Team consist:ng of the following.
a. b. c. d.
Engineers
i. Bankers j. lawyers
Market Analyst
k. Surveyors
Accountants
1.• Researchers
Architects
e. General Contractors f. Real Estate Consultants g. Sociologists
m. Ecologist n. Behavioral Scientists o. Systems Analyst
h. Planners
If a project Manager is hired by the Owner, it is the responsibility of the Project Manager to hire the construction Manager either to be paid by him or by the Owner on a salary or percentage basis of construction cost. In the same manner, the full-time supervisor will either be with the staff of the Project Manager or hired by the Owner. METHOD OF COM.,ENSATION
The Project Manager is compensated on a percentage basis of 2% to 5% of estimated Project Cost. If the Architect as Project Manager performs regular Architectural services for the same pro· ject, he is compensated separately for these services.
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Post Construction
Services POST - CONSTRUCTION SERVICES Post Construction Services ''wraps-up'' the whole range of _ architectural services. It gives full meaning to what the professional calls comprehensive Architectural Services. The Channel of Communications from building owners and operators to architects, builders, manufacturers and building research groups is maintained so that inforf1'\ation on performance and upkeep of buildings , and building component is readily available. The involvement of the Architect in Post Construction Service helps maintain the necessary channel of Communications between the designers and the end users. Some of the services are the following: a) Building and Equipment Maintenance b) Building and Ground Administrations ' c) Post - Construction Evaluation A. BUILDING AND EQUIPMENT MAINTENANCE 1 . With the Completion of the structure and consequent turnover to the Owner, the latter can hire the services of an "IN HOUSE" or resident Architect. tt shall be the duty of the Architect to see to it that the building and all the parts thereat (plumbing and lighting fixtures, partitions. etc.) as well as the equipment (air conditioning, sprinkler system. Generators, etc .) are in good working condition and properly maintained. B. BUILDING AND GROUND ADMINISTRATION 1. Aside from building and equipment maintenance, the ''in-house" Architect functions as the building and grounds ad~atretor : The Yesponaibilities are: a) Billing of tenants for rentals and utilities like electricity, water, telephone and gas. b) Monitoring of Security and janitorial services . c) Must be conversant with local ordinances and building regulations enacted to protect health, life and property. C. POST CONSTRUCTION EVALUATION 1. Whenever desired by the Owner, the Architect can offer post-construction evaluation services consisting of the following: a) Evaluate the initial programs versus the actual use of facility . b) Determine the effectiveness of the various building systems and the materials · systems in use. c) Evaluate the functional effectiveness-of the plan d) Study the application and effectiveness of the design construction process undertaken.
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METHOD OF COMPENSATtON
1. Salary Basis - Fixed monthly/daily etc.
2 . Management Fee based on percentage of gross rentals. The rate of the Fee is from 4% to 6% of gross rentals. In both cases, the expenses for repairs of the building and equipment and malnten.ance of the grounds are paid separately by the Owner. TECHNICAL FUNCTIONS
The technical functions of building administration and management include the following:
1 . Interior and Exterior Maintenance and Operations Supervision a. Housekeeping, cleanliness and sanitation of building premises, specially lobby areas and comfort rooms, exterior facade, parking areas, etc. Proper scheduling , monitoring and personnel assignments should be made. Establish a standard and make regular in· spections to ensure compliance. b . Landscaping maintenance. Schedules, p-ersonnel and material requirements shajl de· pend on the area of landscaping, type and amount of plants, weather conditions, degree of use and other factOf'S. c. Solid waste collection , hauling and disposal. d. Pest control services. e. Painting, carpentry, and waterproofing. Depends on materials used, weather conditions and users, etc . f. Furniture and fixrures, includes furniture located in common areas, information and security desks, trash cans, ash trays, etc.
g. Assignment and scheduling of contractual services of janitorial services, elevator attendants,~· front desk operators , and other manpower services . 2 . Engineering maintenance and operations . Includes the efficient operations, maintenance and repairs of all mechanical, electrical. ventilating and air conditioning system, water pumps, deep·well system, plumbing and sanitary systems, telephone house cables, generator set and other building equipment and facilities. a. Development of a maintenance schedule and maintenance manual. Consider the following: Type of estabUshment Function and organizational set-up Type of equipment to be used and maintained. Budget Number of personnel Room classifications and use Density of u8ers per room Site development plan Floor plans and elevations Electrical and communications plans Pl umbing and mechanical plans
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b. The maintenance guide should include information such as Equipment t ype, brand, capacity Operational controls Local distributor of such equipment as pumps, motors, telephone and PABX systems, and airconditioning equipment. Location of transformers, panel board and other controls . c. Supervision of the operation of all mechanical and electrical equipment. Internal to technical supervision and staff , includes schedules , persons in charge , et c . - Det ermine number of maintenance personnel. running aircon systems, pumps and water systems running all electrical systems minor preventive maintenance of mechanical and electrical equipment minor civil works maintenance d . Direction and supervision of related maintenance calls from tenants on electrical, mechanical, plumbing and other needed maintenance works. e. Proper maintenance and repair coordination with the installer of the mechan ical and electrical installations in the project. 3. Technical Audit and Major Preventive Maintenance. Audit of mechanical and electrical equipment. Outside consultants with high technical skills on specific equipment usually required. \ 4. Development of an Energy Management Program . Use of an outside consultant is recommended. a. Set energy management policy Conducted detailed energy audit Data collection includes historical and background data, such as energy consumption , working drawings, maintenance records and other documents on file . Site inspection and interviews: architectural procedures, schedules, internal environment conditions, building utilization such as occupancy, and maintenance . b . Formulate the plan of action. c. Evaluate and maintain the energy management program . 5. Security and Safety Operations Includes security and safety operation, for the safeguarding of life and property of tenants and visitors . a. Proper control and supervision of all security agencies assigned to the premises, their respective posts, and coordination with its detachment officers. Assignment and scheduiing of guards, Inspection tours , and reporting systems of security agency guards. The use of a single agency is recommended. b . Institute security and safety measures for tenants and their visitors . visitors control: logbook issuance of gate passes and clearances for aU movement of all construction workers, materials, furniture, office equipment, and fixtures in and out of the building premises . c. Operation, control and monitoring of safety and emergency systems such as network alarm systems, electronic surveillance devfces and other communication facilities.
352
d. Pedestrian visitors and traffic flow control in the premises. vehicular traffic; control of entrances and exits of vehicles -
traffic/parking regulations and policy implementations
-
traffic directional sign age in the premises .
e. Local law enforcement on safety aspects, fire prevention and loss control. 6. Fire Safety Plan . Use of an outside consultant is recommended. a. Emergency planning b. Fire protection c. Fire exits d. Fire prevention, Fire suppression Fire loading Electrical systems Welding safety consciousness Safety inspections/audit e. Fire drills f. Training, development and formation of a Fire Bridge Team
g. Operation, supervision, control and monitoring of the centralized fire alarm systems. fire sprinkler systems. etc. h. Fire Code (PO 1 185), Consider: Means of Egress (Div . 4, FCPI - Doors, Interior Stairs and Smokeproof Towers; Outside Stairs; Horizontal Exits; Ramps; Exits Passageway; Escalators and Moving Walks; fire Escape Stairs. Ladders end Slide Escapes; illuminations of means of Egress; and Exit Making Features of Fire Protection (Div. 5, FCP) - protection of vertical opening and combustible concealed spaces; interior finish; Protective signalling system; automatic sprinklers and other extinguishing equipment; segregation and protection of hazards; smoke partitions and fire doors. Building service equipment {Oiv. 8, FCP) smoke venting; rubbish chutes, laundry chutes. and flue-fed incinerators; and automatic elevators. Maintenance of Exit Ways (Rule 4, FCP) Application of the various technical requirements enumerated above on various group. occupancies such as places of assembly; educational; institutional (hospttets, etc.); mercantile; industrial; residential, etc.
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Design-Build Services DESIGN-BUILD SERVICES
In any building project, there is an intricate balance between ~ime, quality and cost. The ar· chitectural profession has been under pressure to come up with overall answers to client's tor simultaneous handling of time, quality and cost of projects with the goal of maximizing these factors. The building industry and the architectural profession have devised several methods of project delivery with the ultimate goal of handling projects in the shortest possible time, at the lowest possible cost and at an acceptable quality and performance. One method of project delivery is the Design-Build Service which could be performed by the Architect. There are two ways to undertake Design-Build service namely. a. Design-Build by Administration b. Design-Build on a Guaranteed Maximum Cost A . BY ADMINISTRATION When the Project is constructed under the direct and sole responsibility of the Architect, he performs the following services: 1. Prepares schedule of work, construction program, estimate and bill of materials, plants, equipment and services; 2. Hires construction personnel and designates duties and renumerations thereof; 3 . Negotiates and enters into contract with piecework contractors and evaluates work accomplished thereunder; 4 . Procures materials plants and equipment, licenses and permits; 5. Authorizes Payments of Accounts; 6. Keeps records and books of accounts; 7. Negotiate with government agencies having jurisdiction over the project; 8. Manages all other businesses of the construction. CONDtTIONS fOR THE ABOVE SERVICES
a) All costs of labor and materials are paid directly by the client. The Architect does not advance .any money for payment of expenditures connected w ith the work. b) Although the Architect may prepare a detailed cost estimate of the Project, the estimate may be guaranteed only on a range of ten (10%) plus or minus the stated estimate. c) The Architect appoints, subject to the client' s approval a construction superintendent, a purchasing agent, a timekeeper or keepers, and a property clerk aside from the usual labor personnel required. Salaries of such persons are paid by the client and is not deductible from Architect's fee: d) Cost of all permits and license incidental to the work are paid by the Client.
356
COMPENSATION:
-The Fee of the Architect for the Design-Build Service by Administration is seven percent (7%1 of the Project Construction Cost in addition to th e Architect's fee for the Regular Design Services.
B. ON A GUARANTEED MAXIMUM COST 1) Basically the services rendered by the Architect is the same as that of the Design-Build by Administration. 2) This method essentially consists of the Client, being given a guaranteed maximum cost for the construction of the Project . 3) The manner of payment is by "Lump Sum" amounts scheduled to follow the progress of the Project. The Architect does not advance any amount to buy materials or pay labor. Instead, a "REVOLVING CAPITAL" is given by the Client to the Architect at the start of the Construction. 4) If there is a savings on the cost of the Pr6ject, it is divided equally between the Client and the Architec t . 5) If the guaranteed maximum cost is exceeded by not more than ten ( 1 0%) percent, it is divided equally between the Client and the Architect. However if t he excess is more than Ten ( 1 0%) percent, the Architect pays for all the extra costs in excess of the ten ( 10%) percent . 6 ) The fee of the A rchitect for the Design-Build Service on a guaranteed Maximum Cost
is either Ten ( 10% ) of the Project Construction Cost or is already built-in the Guaranteed Maximum Cost said Fee is aside from the tee of the Architect for Regular Design Services.
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Selection of the Contractor CONTRACTOR
The Contractor is a ~.9lpal m~!'!lber of building construction. He performs the constructlo n work, In accordance with the plans, specifications prepared by the Architect and to finish the construction work as per agreement in relation to time schedule. DETAILED FUNCTIONS:
a) During the bidding or negotiation phase, takes part in the selection of specialty trade contractors. · b) At the construction phase, secure Building Permits and Licenses. c) Construct and provide temporary field offices , temporary light, power and water/sanitary facilities. · d) Prepare cpm for approval (schedule of work) e) Request for change orders f) Prepares progress payments billings
g) Prepares shop drawings h) Testing and sampling of materials at site or factory. i} Coordination of works of various contractors and Specialty Trade Contractors.
j) Adherence to approved Schedule of Equipment Labor and Materials Deliveries .
k) Preparation of Requirements for Safety Measures (see page 841
.
.
.
I) Testing of Systems like Sanitary/plumbing Electrical, Mechanical and other auxiliary systems. ml Preparation of Reqaest for final Inspection n) Securing of Certificates of Occupancy, final inspection of Electrical, Sanitary and Mechanical from government agencies . ol Submits certificate of Complete payment of contractor's labor, Materials and Equipment . p) Preparation of As-built Drawings q) Issuance of Operating Manuals rl Issuance of Maintenance Guidelines and operating instructions. s) Correction measures on Deficiencies TYPES OF CONSTRUCTION CONTRACTS
1 . LUMP SUM CONTRACTS - a gross or total sum paid at one time 2. UNIT PRICE CONTRACT - a fixed quantity amount distance, measure, used .as standard or basic in awarding work credits. For example the unit prices are regards to: Amount
360
II' _______ sq.m. ,.
cu.m.
tt fl
lineal meter piece
,..
,. ,. , ,. ,. ,. ~
~
bag kiJo
bd .ft. unit span truckload hour outlet roll
Said prices is either for Labor only, materials only or for combination Labor and Materials 3. COST PLUS FIXED FEE CONTRACT- with the price for goods or services set at the cost of materials, labor. etc. plus a specified of .. profit. ............amount . . .. ...-- ·-·-· -- ··--~ -·~-
.._
4. COST PLUS PERCENT AGE FEE OF COST OF PROJECT - with the price for goods or services set at the cost of materials, I abor. etc. pius a specified percentage (%) of profit. (Labor and/or materials will be known v,:hen all receipts and payments, payrolls, etc. are totalled). This is now the basis to be used for a certain percentage {%).
5. ADMINISTRATION CONTRACT- The Contractor here manages or _9i.r_l!_~~ the affairs of the construction project like ordering materials & hiring of personnel but the _9WNER is the one res.ponsible .~o pav. the materials when the bills arrive, and the payrolls of
~he
laborers on payday.
6. MANAGEMENT. CONTRACT -The person or persons managing the construction in .Qehatt of th~__QWNE.~.· In here the contract may have been awarded to a General Contractor and the Contractor is directly managed by the management group.
7. GUARANTEED MAXIMUM PLUS PARTICIPATION ON SAVINGS - A pledge, a promise or assurance with confidence that the amount to be used in a construction w ill not exceed the specifie·a cost. Whatever savings made will be shared by the owner and the Contractor. ADVANTAGES AND DISADVANTAGES:
1. LUMP SUM A. ADVANTAGES a) Advantag.eous where the type of construction are largely standardized and where a variety of operations is required making it impracticable to break down the work into units. bl The owner has the advantage of knowing in advance the exact cost of the work and of having the assurance that the contract will be completed at the earliest practicable date since efficiency-and speed in completion will usually tend to increase the contractor's profit. c) Advantageous to the Owner when sufficient time is available to work out plans and specifications in details, thus· minimizing costly changes ana extra work at a later date. dl Advantageous when activity in construction industry is at low ebb thus insuring keen competitors and lower bids.
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B. OISADVANTAGES a) Requires definite plans and specifications otherwise contractor is forced to gamble on uncertainties or to increase his bids to cover the work condition to be expected. b) Constant inspection and supervision required to make certain services are completed in the manner prescribed in the contract. c) Bidders are seldom of equal responsibility and competence thereby making evaluation of bids difficult.
2. UNIT PRICE CONTRACT A. ADVANTAGES : a} Within reasonable range of quantity variations enables bidders to prepare bids without the usual bid expenses for "TAKE OFF" and estimate. b) Makes it possible to start a building with preliminary plans and thus save many months in time of completion. c) Advantageous in the construction of privately owned projects for which accurate take-offs are difficult to prepare.
B. DISAOVANTAGES: a) Usua\ly complicates the payment provisions of the Contract unnecessarily. b) In contrast to lump-sum contracts the Owner will not know in advance the exact cost of the work.
3. COST -PLUS FIXED FEE CONTRACT
A. ADVANTAGES a) Advantageous in the construction of large. privately owned buildings for which accurate bidding estimates are difficult to prepare. b) Contractor may be selected on the basis of merit. c) No incentive for contractor to inflate the construction cost since his fee would not be affected. d) Contractor is free in every respect to act in the best interests of the Owner - if executed by reputable contractor most economical and most satisfactory procedure. e) Makes it possible to start a building with preliminary plans and thus save many months in time of completion ...
B. DISADVANTAGES a) No specific incentive for the Contractor to exert his best efforts towards efficiency and the cost of the work may be increased thereby . bJ Demands greater degree of accuracy in purchasing and accounting. c) In contrast to lump-sum contracts the Owner will not know in advance the exact cost of the work.
4. COST-PLUS PERCENT AGE-OF-COST CONTRACT A. ADVANTAGES a) Permits the beginning of construction before the plans are completely
3n2
developed resulting in important saving of time in the completion of urgent projects and the Owner may make any desired changes in the plans and specifications as the work progresses. b) Extra work and change orders may sometimes be handled satisfactorily in this basis. 8. DISADVANTAGES: a) Additional speculative elements introduced into the contract as compared with straight forward fixed-fee basis. b) Usually complicates the payment provisions of the contract unnecessarily. c) The Contractor's Compensation ·Is increased by an increase in construction cost so that there Is no incentive for the contractor to economize construction. d) Encourages the unscrupulous contractor to deliberately inflate the construction cost in order to obtain the corresponding increase in his fee. el In contrast to Lump-Sum contracts the Owner will not know in advance the exact cost of the work. 5. ADMINISTRATION A. ADVANTAGES al Advantageous in the construction of large, privately owned buildings for· which accurijte bidding estimate are difficult to prepare. b} Administrator, if possessing integrity, is free in every respect to act in the best interests of the Owner. cl Makes it possible to start a building with preliminary plans and thus save months in time of completion. d) Unlike in the case of lump-sum contract no contractor's tax is passed on to the Owner, thus affording the Owner a saving (3% of gross cost of construction). 8. DISADVANTAGES a) Requires Owner to set up and maintain own construction and accounting organization for only one particular project so that the chances are the really experienced workers will not be attracted, thereby diminishing the assurance of obtaining good workmanship and efficient and economical operations. b) Owner will usually have to rent equipment from an equipment rental company at rates higher than a Contractor possessing such equipment would normally charge, or if the Owner chooses with storage, maintenance and operating problems aside from having dispose of the equipment at the end of the project. c) In contrast to lump-sum contracts, the Owner will not know in advance the exact cost of the work. 6. MANAGEMENT CONTRACT A. ADVANTAGES a) Allows selection of Contractors on a professional basis for their honesty, technical skill, and administrative ability. b} Purchasing power of the larger contractor, together with greater influence in various manufacturing shops, would reflect favorably on the ultimate cost and time elements.
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c) Management and general supervision of the project are normally obtained for a lower fee than would be normal. d) Affords owner the services of a well-established. Concern at a nominal cost, even starting from the planning stage so that his construction and practical know-how are taken advantage of to the maximum. e) Unlike in the case of a lump-sum contract no Contractor's tax is passed on to the owner, thus, affording the owner a saving {3% of gross cost of construction}. fl The scope of the work may be easily altered, and little or no negotiation is required to handle unforeseen construction problems, and the Owner is relieved of having to pay for a contingency item to take care of unforeseen conditions that may not occur. This also affords the Owner and the Architect better opportunities to try the latest developments in materials and construction techniques which may still be relatively untried or unknown in the local construction industry but which may prove advantageous for the Owner. B. OISADVANT AGES a) Under an agency stipulation. the owner is legally bound by the acts of the Contractor, whereas the acts of an independent contractor in connection with the work. are his own responsibility . b) In contrast to lump-sum contracts the owner will not know in advance the exact cost of the work. 7. GUARANTEED MAXIMUM PLUS PARTICIPATION OF SAVINGS This form of contract is in effect generally the same as a lump-sum contract for tax purposes with the same advantages and disadvantages except that this form gives both the Owner and Contractor an incentive to cooperate very closely to effect maximum savings. A variation of this form includes participation in losses, with minimum and maximum limits for the Contractor's profit or fee.
TURNKEY PROJECT As possible 8th type of ~ontract is when a contractor is capable and willing_ to finance the "!VJ.'.Qie pr_o;,ect .w.ithm.lt any financial help fr9m the ·owner :-fh'i8 . 8' method of co'n strllction whereby the contractor assumed total responsibility from design thro~gh_ .c_gm.o!etiQ.n of the prot~~!:. ~ere, the IJ..eW .ovvf.le.r w.iII j u~J .P_~~ the agreed amount for the building so constructed and need only to turn the door key to. take occupancy.
is-
A. ADVANTAGE - The contractor has control of the Design as he can ask the Architect to revise the plans as the construction goes along to suit his present budget . Also there is not a Rxed date & budget to complete the project.
B. DISAOVANT AGE - when the project is finished , the agreed selling price to an owner might have escalated in the course of time and it might be difficult to turnover or sell the same.
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Pre-Bid Prequalifying the Bidders A. PREQUALIFYING THE TENDERERS !BIDDERS) . 1) PROJECTS FOR BIDDING - - ----PURPOSE DETAILED ENGINEERING: No bidding and/or award of contract for a construction project shall be made unless the detailed engineering investigations, surveys and designs for the project have been sufficiently carried out in accordance with the standards and specifications prescribed by the Head Office/agency/corporation concerned. Detailed Engineering shall proceed only on the basis of the FEASIBILITY or preliminary engineering study made which established the technical viability of the project and conformance to land use and zoning guidelines prescribed by existing laws. SCHEDULE: 1. 2. 3. 4. 5. ·6 7. 8. 9. 10. 11. 12. 1 3.
A schedule of detailed engineering activities shall include the following:
Surveys Site Investigation Foundation Investigation Soils and Materials Investigation Preparation of Specifications Preparation of Design P• eparation of Program of Work Preparation of Proposed Construction schedule over six {6) months. Preparation o'f Site or Right-of-way plans including schedule of Acquisition Preparation of utility Relocation Plan. Preparation of.submission of Design Report. Environmentallmpact statement for major project . Preparation of BID/TENDER Documents.
WORK under Detailed Engineering shall include: 1. Design Standards - To determine the opt imum s&fety of structure and to minimize possible earthquakes damage. 2 . Field Survey - necessary surveys which may include aerial, hydrographic. topographic, subsurface, monumenting, etc. 3. Contract Plans - shall be prepared incorporating at least the following: a. b. c. d. e. f.
Site development plan Plans and profile sheet Typical Sections and details Drainage details Structural plans Other details required by the company.
4 . Quantities-· all construction quantities shall be computed to a reasonable accuracy of plus or minus fifteen.percent {15%) to avoid variation orders. .
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5. Special Provisions - Specifications shall be prepared for specific items of work on methods of construction, measurement and payment under each contract, which are not covered by standard construction and Material Specifications · adopted by the corporation concerned .
6. Unit Price - These shall be prepared for each contract using costs based on reasonable approved current prices, divided into local and foreign exchange costs, as the case maybe.
7. Agency Estimate - the agency estimate of construction cost shalt be prepared by official duly designated by the Head of Office concerned or his duly authorized representative. The APPROVED AGENCY ESTIMATE IAAE) is the one approved by the Head Office. The A.AE shall be he\d confidential and signed, sealed and ready for presentation on the day of the opening of bids/tenders. The AAE shall be announced publicly before the various bidsltenders are read.
8. Bidftender Documents - the bid{tender documents shall include: Instructions to Bidders/tenderers. General Conditions, Agenda, Itemized Bill of Quantities, Oaywork Schedule, Form of Bid/Tender Bond, Performance Band Contract Plans and Specifications, a draft contract which wi ll already include a price escalation clause (when prices of materials as per contract goes up .abnormally).
9. Program of Work - before prosecuting any project, the necessary program of work shall be prepared and submitted for approval. In no case shall construction funds be remitted to field office or construction work or a project be started before the program of work is approved, in accordance with existing laws. The program of work shall include, among other things, estimates of t he work items . quantities and costs and a PERTICPM network of the project activities.
2l INVITATION TO PRE QUALIFY (Instructions to Bidders) The following may become contractors for government projects: 1. FILIPINO a. Citizens (single proprietorship) b. Partnership or corporation duly organized under the laws of the Philippines, and at least seventy five percent (7 5%) of the capital stock of which belongs to Filipino citizens. 2. Contractors forming themselves into a joint venture i.e., a group of two or more contractors that intend to be jointly and severally responsible for a particular contract, shall for purpose of bidding tendering comply with LOI 630, and, aside from being currently and property accredited by the *PCAB, the Philippine Contractors Accreditation Board , shall comply w ith the provisions of R.A. 4566, provided that joint ventures in which Filipino Ownership is less than seventy five percent (75%1 may be requalified where the structures to be built require the application of techniques and/or Technologies which are not adequately possessed · by a Filipino entity as defined above. *Category "AA'' - multimillion budget and for foreign contracts ..,.;. large size projects Category "A" Category "B"
- medium size projects
Category "C"
- small-medium size projects
Category "0"
- small size projects
Specialty Contractors - painting, waterproofing, landscaping and others.
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3) PAEQUALIFICATION DOCUMENTS The prequalification , Bid and Award Committee (PBACI shall provide prospective bidders with the notice of Prequalification and other relevant information regarding the proposed work. including a brief technical description of the work as to size, type, major items and other important features of the work to guide in evaluating their capabilities and decide whether or not to participate in the bidding of a specific project. The following qualification statements shall be required of interested contractors: PRE-C-1 - Contractor's Confidential prequalification statement PRE·C-2 - Contractor's confidential post qualification statement for the project. PRE-C-1 - Shall be required only once a year by each contracting government of· ·fica/agency. · The following documents shall, among others, comprise the PRE C-1 . {see page 477} a. Certified xerox copy of Contractor's License for the current year. b. Certified xerox ~opy of Privelege Tax Receipt (PTRI for the current year. c. Description of the organization including its objectives and. the names, nationalities, and construction experiences of key officials/ engineers. d . Detailed financial ~tatements (balance sheets and profit and loss statements) for at least the current or complexity of the project at the discretion of the Head of Office/agency , as reflected in his income tax return duly filed with and received by the BIA. In the case of joint ventures, the financial statements of each individual member entity shall be shown. I see page 481) e. List of equipment owned : (see page 4801 f. Experience record
g . In the case of foreign contractors allowed to bid and submit proposals under these rules and regulations, a certification from their respective embassies/consulates that they are bonafide qualified contractors. h . Articles of partnership or incorporation. POST C-2 Shall be required for every project in which the Contractor intends to bid. It shall be submitted simultaneously with the bid not later than the deadline. Set in the published Invitation to Bid. Someties the list of some POST C-2 may form a part of Pre C-1 . Papers Comprising tl)e POST - C-2
3£8
a.
Statement of completed construction projects in the last three years, govere~ ment and private, The statement shall include the nature and value of the project, original and actual project schedule, the location of the project, the name and address of the Owner, the financial institutions from whom guarantees, credit lines , loans, and other financial accomodations were secured for such projects, and the aggregate outstanding from each institution in each year.
b.
Detailed statement showing a list of all ongoing construction projects , government and private, as well as awarded and/or approved contracts not yet started. This statement shall include the value of the project, percentage of time elapsed, percentage of physical accomplishment and scheduled date of completion.
c.
Actual employment or contract to employ duly qualified project manager and project engineer who have managed or supervised at least a project of similar nature as to type and cost (escalated).: (see page 4881 ·
d.
An organization chart and a complete qualification and experience data sheet key personnel.
e.
List of owned equipment and those pledged exclusively for the project.
All qualification documents shall be under oath signifying their correctness and authenticity. These shall be accompanied by a letter authorizing the head of of~ fica/agency/corporation or his authorized representative to very any or a\1 of the documents submitted. 4) ANALYSIS AND PROCESSING OF PREQUALIFICATION STATEMENTS a. The committee on prequalification shall examine and process the Pre-C-1 including the attached supporting papers, to determine whether LEGAL, FINANCIAL, EQUIPMENT. TECHNICAL, EXPERIENCE and ORGANIZATION requirements have been met, the committee shall register the prospective bidder in the roll of contractors for the current year. b. For large and complicated projects, emphasis shall be on the technical expertise and experience of the prospective bidder. And tor small projects, emphasis shall be on the financial capability of the prospective bidder. The track record; including of the contractor for the last three years, shall be scrutinized, and actual verification shall be made when there is doubt in authenticity of any item in his pre-qualification statements. c. Examine carefully the organization and the equipment capability of the prospective bidder. d. Check the financial contracting capacity {Fcc) of the prospective bidder. The Fcc shall be his present net worth as shown in his balance sheet and reflected in his latest Income Tax Return {duly filed with and received by the BIR) times twelve {12). e. Check whether the applicant, or any one of the members in case of a joint venture, is presently suspended or blacklisted. 5. NOTIFICATION OF SELECTED TENDERERS After processing by the pre/post-qualification Committee, the prequalification documents shall be marked as "prequalified" together with the classification of the contractor or "predisqualified" together with the classification of the contractor or "predisqualified" as the case may be; countersigned by the Chairman, for review and approval of the head of officejcorporation (OWNERI. Accordingly the Committee shall inform the prospective bidders who have been prequalified within five (5) working days after approval. Those predisqualified are given five (5) days upon receipt of notice within which to appeal for reconsideration. ·
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Awarding The Contract. B. BID OR TENDER AWARD PROCEDURES 1 . INVITATION TO TENDERJBID When the Architect has completed all the required documents, and the Owner is ready to start the project. There is a need to select the right contractor to do the job. One procedure is to Invite selected Contractors to a minimum number by means of letters sent to them or to invite contractors to prequalify by means of an Advertisement or In· vitation to Bid. At IERTISEMENT & INVITATION TO BID The notice published by the Owner (usually 3 times in the newspaper) or the invitations (through letters) issued to prospective bidders giving information as to the nature of the proposed project, conditions for the issuance of contract documents. date of bidding, and estimated cost or information that would give the Contractor a general idea of the magnitude and extent of the project. ISSUANCE OF PLANS. SPECIFICATIONS & PROPOSAL FORMS For a project costing up to 1 million up to 5 million
1 5 days before the date of bidding 30 days before the date of bidding
up to 1 0 million
45 days before the date of bidding.
up to 1 00 million
60 days before the date of bidding
above 100 million
90 days before the date of bidding.
BID BULLETIN - an additional information on Contract Documents issued to bidders before the date of bidding. This is because there might be changes in the plans and specifications, usually the Bid Bulletin is numbered and the date clearly marked. SAMPLE OF A BID ADVERTISEMENT ABC MANUFACTURING CORP. (Prequalification Committee) Date: Feb. 5, 1985 INVITATION TO BID SEALED BIDS, on forms to be furnished by the Office of the Chairman, Prequalification Committee, ABC Building, Naguilian Road, Baguio City shall be received by the Bids and Awards Committee chaired by the President of ABC Corporation not later than 3:00P.M. March 4, . 1 98 5 there and then to be publicly opened at the conference Hall, ABC building, for the fol\owing projects: 1 . Construction of the Main Building 2 . Construction of separate building for Kitchen and Mess Hall.
372
CONTRACTORS WHO MAY QUALIFY TO PARTICIPATE
Only Contract ors who are classified as large by the pre-qualification committee may participate. Category "A" and "B". SUBMISSION OF PRE-C -1
Contractors who are willing to participate may submit their pre-qualifying papers on forms to be furnished by the committee not later than Feb. 20, 1985. For particulars , proposals forms. plans and specifications may be obtained from the Office of the Pre-qualification Committee upon presentation of an ofiicial Receipt evidencing payment of:
P30 .00 per sheet - plans 'P300.00 - specifications and general conditions, etc.
ROLANDO ALBAN President
SAMPLE FORM: PROPOSAL PROJECT OWNER MANAGER
LOCATION
Sir: In accordance with your proposal Invitation for the Construction of your proposed _ _ _ _ - -- - - -- - -- - - · subject to all the requirements thereof and of your plans,. specifications, and conditions, we propose to furnish, deliver and complete any and all necessary works as called for by the said plans and specifications. · We shall furnish all necessary materials, plants, equipments, Labor, and complete the work at our own expense at the following price. I BID PRICE:
For the complete construction of the proposed , in accordance with the plans and specifications, general conditions, pre-bid bulletins and other related documents:
-
-
-
-
- - (P
l PESOS
We make this proposal with full knowledge of the kind quantity and quality of the articles and services required and if the proposal is accepted, the undersigned agree to furnish and deliver to OWNER w ithin two weeks after the signing of the contract of the Contract Price as called for in the General Conditions and Bidder's instruction. We propose to complete the work contemplated w i t h i n - - - - -- - for in the Instruction to bidders as attached in the specifications.
{ } days as called
37 3
We agree that the Owner may retain the sum of (P ) pesos from the amount of compensation to be paid to the undersigned for each day of delay. After the aforementioned completion day, Sundays and holidays included. Undersigned also agrees that the bonds may be forfeited by the OWNER if we fail to perfdrm the work as required by our contract, plans and specifications. The undersigned agrees that the above proposal amount includes the Building Permit , Licenses. and the thre~ percent (3%) Contractor' s tax.
REGISTERED FIRM NAME
SIGNATURE OF MANAGER
ADDRESS 2. PREPARATION OF BIDS BID BOND Bids shall be prepared on the proposal book form in ~ccordance with the INSTRUCTIONS TO BIDDERS (The list of instructions stipulating the manner on how bids are to be prepared and conditions for the award of contract.) The original copy, of the bid shall be accompanied by a BID BOND (proposal bond) in· the amount of two and one half percent (2 .L) of the total bid price in the form of cash , certified check., manager's check~ or bank draft/guarantee confirmed by a local bank, payable to the Office/agency/corporation AS GUARANTEE that the successful bidder shall within thirty (30) calendar days or less from receipt of notice of award, enter into contract with the Owner and furnish the PERFORMANCE BOND (The approved form of Security furnished by the Contractor and his surety as a guarantee of good faith on the part of the contractor to execute the work in accordance w ith the terms of the contract). His bonds of all except the three lowest bidders may be returned af1er the opening of bids . 3. SUBMISSION, OPENING AND ABSTRACTING OF BIDS a. Bids shall be submitted in a sealed envelope with the name of the project to be bid and the name of the bidder in capital letters addressed to the Corporation or Owners concerned. b. Bids shall be received on or before the designated time and date to be eligible for consideration. Bids may be withdrawn only in writing before the time set for opening of bids. c. The APPROVED AGENCY ESTIMATE (AAE) shall be announced publicly by the chairman of the Bid and award committee before a\1 bids are opened, read and recorded . d. A bid which is not accompanied by the required bid bond on Post-qualification statement (Post C-2) shall be rejected outright. e. Bids shall be opened at the place, date and time specified in the Advertisement by the PBAC. The bidder or their representative shall attend the opening of bids received and read with initials of all members of the Awards Committee.
374
f. After all bids have been received and opened, the corresponding abstract of bids shall be prepared. The abstract of bids shall be signed by all members of the Committee, attaching thereto all bids with their corresponding bid bonds. and the minutes or proceedings of the bidding. The abstract of bids shall contain and its location. 1} Name of the project and its location 2} Time, date and place of bidding 31 Names of bidders and their corresponding bids arranged from the lowest to highest showing their respective variances in percent from the Approved Agency Estimate (AAE) the amount of bond and name of the Surety Company. 4 ) EVALUATION OF BIDS A bid which does not comply with the conditions or requirements of the bid documents shall be rejected by the Committee on Awards. At the time of opening of bids there shall be at least two (2) competing bidders. In case there is only one bidder, the bid shall be returned unopened and the project shall be advertised anew for bidding. Should after rebidding, there shall be still only one bidder, the pro ject may be undertaken by administration or thru ·negotiated contract.
51 AWARDING OF CONTRACT A. BY BID CONTRACT 1 . The lowest evaluated bid should be accepted if it is found to comply with all conditions in the call for bids and tender documents, however, no award of contract shall be made to a bidder whose bid price is m.ore than fifteen percent (15%) higher or thirtv percent (30%1 lower than AAE .
2 . The lowest complying bidder shaH not be allowed to withdraw his bid. 3. In the event of refusal, inability or failure of the lowest complying bidder to make good his bid by entering into contract and post his performance bond, the second lowest complying bidder shall be considered provided that his bid is lower than the sum of the price of lowest complying bidder plus the amount of the forfeited bid bond or he reduces his bid to this sum. 4 . Within thirty (30) days from receipt of the notice of Award, the successful bidder shall ex.ecute the contract with the Owner . To Guarantee the faithful performance of the Contractor under the Contract, he shall post a bond (PERFORMANCE BONO) equivalent to ten percent (10%1of the Contract price In the form of cash, manager's check, Cashier's check, bank draft, guarantee confirmed by a local bank, letter of credit issued by a reputable bank, surety bond issued by the GSIS , etc. The performance bond shall be posted in favor of the Cor· poration (owner) concerned. This bond is returned after the final acceptance of the project. NOTE: A "NOTICE TO PROCEED" is given to the winning contractor after the ''NOTICE OF AWARD" when the agency is ready to start the project.
375
B. BY NEGOTIATED CONTRACT 1 . Negotiated contract may be entered into only where only any of the following conditions exists and the implementing offrce is not capable of undertaking the project by administration: a) In times ·of emergencies arising from natural calamities where immediate action is necessary to prevent imminent loss of life and/or property. bl Failure to award the contract after competitive public bidding for valid cause, such as where the prices obtained through public bidding are all above one hundred fifteen percent ( 11 5%) of the AA E and the bidders refuse to reduce their prices within such limit. c) Where the subject project is adjacent or contiguous to an on-going project and it could be economically prosecuted by the same contractor provided that he has no negative slippage and has demonstrated a satisfactory performance.
376
General Conditions GENERAL CONDITIONS 1 . CHANGE ORDERS A c~ange order may be issued by the implementing official after the same has been approved by the appropriate official if the amount of the change order is within the limits of the former's authority to approve original contracts and under the following conditions. a) Where the aggregate cost of change orders is limited to 25% of the or~inal contracts cost excluding the effects of price escalation and provided that no major pay item (20% of estimated cost) shall be increased by more than 1 00% of its original cost. b)_ Where there is a decrease in work due to deletion of work items of the project. c) Where there is a reclassification of an existing item, like earth excavation to solid rock excavation, due to latent conditions which were not known at the time of bidding. d) Where there is damage to structure and/Or destruction of finished work in any section of the project due to force majeure as causes beyond the control of man. (This includes an earthquake, floor. typhoon, cyclone and other cataclysmic phenomen. of nature and all misfortunes and accidents which human prudence co• tid not foresee or prevent. Rain, wind, flood of inconsequential degree is shall not be construed as an act of God.
2. ADVANCE PAYMENT The Owners, shall upon the request of the Contractor in an amount equivalent to the average operating expenses for two months or fifteen percent (15%) of the total contract price, to be made in lump sum or by installment. The advance payment shall be made only upon the submission of an irrevocable standby letter of credit of equivalent value from a bank acceptable to the Owner. The advance payment shall be repaid by the contractor by deducting from his monthly progress of payments beginning when the work executed exceeds 20 percent.
3. PROGRESS PAYMENT Periodically, but not more than once each month, the contractor may submit a request for payment for work accomplished. Such request payment shall be verified and certified by the project Architect/Engineer. Except as otherwise stipulated in the Instructions to Bid~ ders, materials and equipment delivered on the site but not completely put in place shall not be included for payment. 4 . RETENTION MONEY Progress payments are subject to retention of ten (1 0%) percent referred to as the· "retension money". Such retention shall be based on the total amount due the contractor prior to any deduction and shall be retained from every progress payment until fifty (50%) percent of the value of works, are completed. If, after fifty (50%) percent of the value of works, are completed. If, after fifty percent (50%) completion, the work is satisfactorily done and on schedule, no additional retention shall be made. 5. LIQUIDATED DAMAGES Wh6fe the contractor refuses or fails to satisfactorily complete the work within the specified contract time, plus any time extension duly granted ..nd is hereby in default under the contract, the contractor shall pay the owner for liquidated damageS, and not by way of penalty, an amount equal to one tenth of one percent or of any amount stipulated
378
in the contract agreement, minus the value of the completed portions of the contract cert ified by the Architect/Project Manager concerned as usable as of the expiration of the contract time.
6. CONTRACT PRICE ESCALATION ESCALATION CLAUSE - a clause in a contract providing for increases or decreases in wages, prices, etc. based on fluctuation in the cost of living, production, costs, etc.
a. Payments for pri.ce escalation on a project may be made without need of requesting special allotments therefore if provision has been made in the project funding for escalation provision up the extent of twelve ( 1 2%) per annum escalation rate of the total value of work accomplishment at original contract unit prices. Parametric formula is used to compensate for fluctuation of prices of construction materiats and supplies, equipment and labor which would bring about during the period under consideJation an increase or decrease of more than five (5%) percent of the original contract unit price of items of work. The fluctuation factor. K. is the coefficient representing the increase or decrease of the unit price as a result of price fluctuation . . The value of K varies for each item of work
an~
is represented by the following:
K==a+b where a- is the 0.1 5 fixed coefficient representing contractor' s profit and other nonadjustable items. b, c, d and n - are the coefficient representing the proportionate value of each pay item to the total. If you add a + b + c + n it musi total 0.8. xi,Yi, zi - Ni are the current price indices representing costs of labor materials and other contract items (6) months after "bidding.
Xo, Yo' Zo - No are the price indices representing costs of labor, materials and other contract items at the date Of the bidding.
Example: For reinforced concrete structure fluctuation factor Kd would be: Kd
=
for a daywork labor, plant and equipment Kg = 0.1 S + 0 .85 for carpentry works f luctuation factor . Kc
= 0.1 5 + 0.1 5
+ 0.14
+ 0.56
Price escalation for the month under consideration shall be used end calculated monthly. Where K is 1.05
P
= Po tK
- 0.05)
Where K is 0.95
P
= Po tK
+ 0.05)
P Is the original bid/unit price K is the fluctuation factor
379
7. PAYMENTS a) DETAILED BREAKDOWN OF CONTRACT AMOUNT Except in cases where unit prices form the basis for payment under the Contract, the Contractor shall, within fifteen I 15) days from the receipt of Notice to Proceed, sub· mit a complete Breakdown of Work and Corresponding Value of the Contract Amount showing the value assigned to each part of the work, including the allowance for prof it and overhead . Upon approval of the Breakdown of Work and Corresponding Value by ·the Architect, it shall be used as the basis for all Requests for Payment. (see page 3831 b) REQUESTS FOR PAYMENT : The Contractor may submit periodically but not more
than once each month a Request for Payment for work done. The Contractor shall fur· nish the Architect all reasonable facilities required for obtaining the necessary information relative to the progres~ and execution of the work. Each Request for payment shall be computed from the work completed on all items listed in the Breakdown of Work and Corresponding Value, less the 1 0% retention unless otherwise agreed upon and less previous payments . When 50% of the Contract has been accomplished, no further retention shall be made on the balance of the Contract.
a. In general, no payment shall be made for materials or items not incorporated in the work. However, exception to this condition may be made in the case of materials or items which may require immediate acquisition and compensation due to short-
ages or import or transportation difficulties. In the event of such exceptions, payment shall be conditioned upon the submission by the Contractor of bills of sale or such other procedures as will establish the Owner's title to such ·material or item or otherwise adequately protect the Owner's interest. c)
PROGRESS PHOTOGRAPHS TO ACCOMPANY REQUEST FOR PAYMENT: The Contractor at his own expense shall furnish the Architect progress photographs which shall be taken monthly, starting when the work begins and conti· nuing so long as the work is in progress, on the outside of the building, from station points designated by the Architect. a. The photograph shall be 6" x 8". At each period tour exposures shall be taken one on ·each side of the building . Eight (8) prints dull finish, (2 copies for each exposure) shall be delivered to the Architect and all negatives shall bear the date of exposures and name of work. b. No partial payment shall be considered for approval without the above mentioned prints accompanying the Request for Payment.
d) ARCHITECTS ACTION ON A REQUEST FOR PAYMENT
Within fifteen days after receipt of any Request for Payment by the Contractor, the Architect shall either issue a Certificate of Payment or withhold the Request for Pay· ment, he shall inform the Contractor in writing the reasons for withholding it. .
.
The Certificate of Payment shall include the value of work accomplished by the Contractor during the period covered by the certificate and recommendation to the Owner for payment in an amount the Architect decides to be properly due. e) APPROVAL WITHHELD: The Architect may recommend withholding of payment in
whole or in part on any approved Request for Payment on account of any of the following reasons: a. Defective work not remedied. b . Claims filed or reasonable evidence indicating probable filing of claims. c. Failure of the Contractor to make payments properly to sub-contractors or for material or labor .
380
d. A reasonable doubt that the Contract can be completed for the balance then unpaid. e. Damage to another Contractor. When the above grounds are removed, payment shall be made for amounts withheld . f)
CONDITIONS RELATIVE TO CERTIFICATES OF PAYMENTS: a. The Architect shall estimate the value of work accomplished by the Contractor using as a basis the schedule stipulated in the Breakdown of Work and Corresponding Value. Such estimates of the Architect shall be final and conclusive evidence of the amount of work performed , and shalt be t aken as the basis for the full measure of compensation to be received at the time by the Contractor. Such preliminary estimates of amount and quantity shall not be required to be made by strict measurement or with exactness, but they may, at the option of the Architect, be approximate only.
gl OWNER' S ACTION ON AN APPROVED REQUEST FOR PAYMENT OR CERTIFICATE OF PAYMENT: Within fifteen days from the date of approval of a Request for Payment or of issuance of a Certificate of Payment by the Architect, the Owner shall pay the amount as certified by the Architect or pay such other amount as he shall decide is due the Contractor, informing the Contractor and th e Architect in writing of his reasons f or paying the amended amount. Owner's failure to pay the amount involved would be subject to payment of interest based on banking loan rates prevailing at the time of the signing of the Contract. h) PAYMENT OF CONTRACTOR'S OBLIGATIONS: The Contractor shall pay punctually all workmen employed by him on his project at such rates as provided by existing laws. He shall also pay promptly all materials and equipment used by him on his project, and all taxes due from the salaries or wages C'f his em ployees or workmen. If required he shall furnish the Owner with a statement sworn to before an officer duly authorized to administer oath that all persons who have done work or furnished materials under this Contract have been duly paid. If such written evidence is not furnished before the final payment under the Contract falls due, said Owner may after due notice to and clearance by the Contractor pay such lawful claims in whole or in part of any person firm, or corporation claiming the same, and charge the amount thus paid to said Contractor , who will accept the same as payment f rom t he amount due to t he Contract . · i) PAYMENTS OVER 65 PERCENT: No payment sh all be made on contracts in excess of
sixty five percent (65%) of the Contract Price, unless a statement sworn to before an officer duly authorized to administer oath is submitted by the Contractor to the effect that all bills for labor, other than current wages, and all bills for materials have been duly paid by the Contractor and his Sub-contractor, if any, excepting only such bills as may be enumerated ln such sworn statement. Provided , however, that should such sworn statement turn out false, the Owner and the work covered thereby shall not be liable for any claim or lien arising from the failure to pay and other causes, provided for in this clause. The Contractor does hereby bind itself solely answerable for any such lien should the same arise. (se_~_page 3871 j} CORRECTION OF WORK BEFORE FINAL PAYMENT: The Contractor shall promptly
remove from the premises all work condemned by the Architect as failing to conform to the Contract, whether incorporated or not, and the Contractor shall promptly replace and reexecute his own work in accordance with the Contract and without ex· pense to the Owner and shall bear the expense of making good all work of other cont ractors destroyed or damaged by such removal or replacement.
381
If the Contractor does not remove such condemned work within a reasonable time. fixed by written notice, the Owner may remove them and may store the material at the expense of the Contractor. If the Contractor does not pay the ~xpenses of such removal within days' time thereafter, the Owner may, upon ten days' written notice, sell such materials at auction or at private sale and shall acount for the net proceeds thereat, am. deducting all the costs and expenses that should have been borne by the Contractor.
k) OTHER REQUIREMENTS BEFORE FINAL PAYMENT: The Contractor shall subrrlit !aside from those provided in the Contract Document) the following before final payment is made.
1. Certificate of Final Building Occupancy unless such certificate can not be obtained through no fault of the Contractor . 2. Certificate of Final Inspection of electrical , telephone, sanitary, mechanical. water, gas. safety and other utilities unless such certificate cannot be obtained through no fault of the Contractor. 3. Original and three (3) sets of prints of ''As-Built Drawings'' of Electrical, Sanitary, Gas, Telephone and Mechanical works, if such work are within the scope of contract. ''As-Built Drawings are the working drawings showing the system and actual locations of outlets, fixtures, services and equipment that ~ere installed . 4. Three (3} copies of Directory of Panel Boards and List of circuits . 5. Three (3) copies of Instructions and Manual for operating and maintaining of fixtures and equipment. 6. Three (3) copies of Keying Schedule. 7. Guarantee Bond equivalent to 30% of the Contract Price covering a period of one year after the Final Acceptance of the work which guarantee the quality of the Contract work and materials installed. The Guarantee Bond shall be in the form of securities as approved by the Owner. The Guarantee Bond will be required only if the Owner, upon acceptance of the Building releases to the Contractor the Performance Bond and Payment Bond . I) ACCEPTANCE AND FINAL PAYMENT: Whenever this Contract, in the opinion of the
Architect, shall be completely performed on the part of the Contractor, the Architect shall· proceed to verify the work, shall make the final estimates, shall certify as to the completion of the work, and accept the same. 1. The Owner shall then, excepting for causes herein specified, pay to the contractor promptly after the execution of s~id certificate, the remainder which shall be found due, excepting therefrom such sum or sums as may be lawfully retained under any of the provisions of this Contract; PROVIDED THAT FINAL PAYMENT ON THE CONTRACT SHALL NOT BE MADE UNTIL THE CONTRACTOR HAS SUBMITTED A STATEMENT SWORN TO BEFORE AN OFFICER DULY AUTHORIZED TO ADMINISTER OATH, SHOW1NG THAT ALL TAXES DUE FROM HIM, AND ALL OBLIGATIONS FOR MATERIALS USED AND LABOR EMPLOYED IN CONNECTION WITH THIS CONTRACT HAVE BEEN DULY PAID; AND PROVIDED. FURTHER that nothing herein contained shall be construed to waive the right of the Architect hereby reserved to reject the whole or any portion of the aforesaid work, should the same be found to have been constructed in violation of the drawings and Specifications or of any of the cor\ditions or covenants of this Contract within the. guarantee period.
382
ml CORRECTION OF WORK AFTER FINAL PAYMENT: 1 . Neither the final certificate nor payment nor any proVISion in the Contract Documents shall rel:eve the Contractor of responsibility for faulty materials or workmanship and, he shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one year from the date of acceptance of work by the Owner.
2. Neither the foregoing nor any provision In the Contract documents, nor any special-guarantee limit the Contractor's liability for defects and damages and the right of the Owner under the provisions of the New Civil CodP-, and all laws, regulations and ordinances applicable to the plans and construction of the building .
3 . The Owner shall give notice of observed defects with reasonable promptness. All questions arising under this article shall be decided by the Architect whose decision shall be subject to arbitration. n) RElEASE OF RETENTION: The amount retained by the Owner under the provision of the Contract shall be release within three months after the date of final payment. SAMPLE OF AN APPLICATION FOR PAYMENT:
A 8 C MANUFACTURtNG CORP. NAGUILIAN ROAD BAGUIO CITY
15 APPLICATION DATE -.:J::.=a:.:.: n..::. ua:::.:r..Ly....:::3:__, 1986 CONTRACT NO. 1 0-8 5 ACCOMPLISHMENT REPORT NO.
PAGE
.1. OF~ STARTING DATE 8 June, 1 98 5
PROJECT TITLE: ABC Main Building and Kitchen Mess Hall.
COMPLETION DATE : 29 March , 1986 CONTRACT COST !'4,310,000.00 EXTRA COST ::..;:N:=.:on:..:..:e:___ _ _ __
LOCATION: NaQuilian Road Baguio City CONTRACTOR: GROUND PACERS LTO.
--· NO
ITEM
VALUE IN% PERCENT
I
STAGING
·u
MAIN BUILDING 159~1 tom
THIS REPORT
TO DATE
IN %
IN PESOS
·-
19,228.00
100%
0
100%
0.4400%
19,228.00
0.56%
24.472.00
86%
0
86%
. 0.4816%
21,045.00
0.13%
5.681.00
27%
5%
.32%
0.0416%
1.817.92
CONCRETE WOFIKS
28.00%
1,223,600.00
75%
2%
77%
21.5600%
942,172.00
SURFACE FINISHES
3.00%
131.100.00 .... -
...0%
13%
13%
0.3900%
17,043.00
65,550.00
29%
0
29%
0.4350%
19,009.50
SOIL POISONING
L
.
COMPLETED TO DATE
LAST REPORT
0.44%
EARTHWORK
-·
ACCOMPLISHMENT
IN PESOS
..
WATERPROOFING AND DAMP ROOFING
i
-~
1.50%
...
- -!
So 0.0013 x 4,370,000 = 5,681.00 value • as an explanation. in soil poisoning, 32% of 0. 13% = = 0.32 X 0. 13% = 0.0416% 0.0416% = 0.000416 thus 0.000416 X 4,370,000.00 = 1,817.92
0.13'!1. = 0.0013
383
!
=
e.g. 0.088% "' .00088 x 4.370,000
i".
-,!
102,695.00 .-3-1_%_-.-_1_6_%--r--4-7~.
2.35%
MASONRY
1 . 1045~
~-------------------------r-------4--------~------+-----~----~ I
T\LEWORK
0.91%
39,767.QO
0%
0%
0%
CARPEN TRY
0.88%
38,456.00
0%
10%
10'},
ELECTRICAL WORK
2.20%
96,140.00
14%
4%
18%
'
~-----·-----------------+--------r-------~r-----~-----+----_,
0.81%
MECHANICAL WORK
35,397.00
0%
0%
0%
0~
I 48.266.65 \
'
-
:
0.08800.,
3, 845.60
0.6600%
28,842.00
0.3960%
17,305.20
~
________+-·------4
~----------------------~-------~---------+------r------r-----+------~--------;
0%
0%
0%
0%
Ill
KITCHEN ANO MESS HALL
~
{17.90%) Total
...
-
EARTHWORK
I
SOIL POISONING
0.37%
16,169.00
56%
0%
56%
0.2072%
9,054.64 !
0.06%
2,622.00
1%
0%
1%
0.0006%
26.22
---i
CONCRETE WORKS
3.72%
162,564.00
34%
0%
34%
1.2648%
SURFACE FINISHES
1.00%
43,700.00
0%
0%
0%
-
DAMPROOFING WATERPROOFING
0.41%
17,917.00
1%
0%
1%
0.0041%
i
0.50%
21,850.00
30%
0%
30%
0.04%
0%
0%
0%
0.05%
1,748.00 .. 2,185.00
0%
0%
2.10%
91,770.00
1%
G.l. ROOFING
0.84%
36,708.00
WOOD DOORS
0.18%
STEEL WINDOWS CAULKING
MASONRY
·- - ·----· · TILEWORK
--
~·------··
VINYL
CARPENTRY
-
-
1---
JALOUSIES GLASS AND GLAZING BUILDER'S HARDWARE
·MISCELLANEOUS METAL WORKS
~.
FIELD PAINTING
-
~·---··---
PLUMBING
r---- - ·- - --- -- ·"· INTERIOR ELECT'L ·- --..--- - -- ----- ..MECHANICAL
'---·- - ·--- ----384
;
179.17
l
--4
6,555.00 ;
0.1500%
-
0%
-· -
0%
1%
0.0210%
0%
0%
0%
·-
7,866.00
0%
0%
0%
0.65%
28,405.00
0%
0%
0%
-
0.06%
2,622.00
0%
0%
0%
0.09%
3,933.00
0%
0%
0%
0.36%
15,732.00
0%
0.41%
17,917.00
0.58%
· --···
...
_.
..
..-
-
--·--. -
. - - ,'
917.70 ;
--r-- -- .., - - - i'
-
!
·-____)
I
-
i
I!
-· ·-
0%
-
0%
0%
-
-
0%
0%
0%
- .----
56,810.00
0%
0%
0%
-
0.84%
36,708.00
1%
0%
1%
0.0084'\.
367.08
0.72%
31,464.00
1%
2%
3%
0.0216~
943.92 j
104,880.00 .. . _...
0%
0%
·- - -0%
0%
0%
0%
25,346.00
0%
1.22%
53,314.00
1.30%
f-·
MISC. BUILDING SPECIALITIES
55,271 .76
-i
1--·
_..____
I
---J
f---·
f- .
________...._____.
---+--------~--------4
'-·-----~--
"- r--·
1---- ·
2.40%
0%
- .
-
· -I
-
-
I
I II I
P IV
-- ----------- -----,------,-------,------:-----,-----,------T---------
I I
!
SITE
... ~:PARATION
3.a2'!1.
"i
100~~'){,-+-1_00_%_+-_3_ .0_ 200_%_--+_1_3_ 1._97_4_ .00--i
131,914.00 i
;
I
· -- -+--- -- + -- - -·j 1 ~--- - - - - ---'-- -- -+-- - - ---·- -r--·- -· · - --r--· - -- -ACCESS ROAD 4 tJ>~ 209,760.00 . o·~" , oo/o Oo/o - HARDSTAND -- --- - - ·-.- - . ··· ·+·-r--..··- :--····· -- ·! 2.10% 9 1,770.00 1 0'!-c . 0% 0% - -·-- - -- -- ·· ·· -·- --· . - - - - - - -i-- ·---·--.-- - ··-· - - . ·-r--·- -r---·- ---·· --1 PARKING 1.31% 57,247.00 ; 0~ 0% 0% 1 ·------- .. - -·-- -- - - --+---- --+--·- -+-- - ---- - · ··- .-·-·-·. - - -!--· --· ~
1---V--AC - ·C - E_S_S_R_O_A D - ..
'
~-
, 1
PARKING (8. 21 %1
--- - - - - -
VI
1
OUTSIDE WATER DISTRIBUTION
·-·-·-
j---
------+-·------~ ---·------
------1--'-·0J_%--I---·~5.011 l~ ·~- .·
-+--- ---·- r---- i ;~
_o%
..
_j
~_,.78.. ~%¥._..~ j ~-··· ---------~--1_.85_%---1 ,,;-~18.427~r. ~:- ··-:- !- ·-- _-1 -·----·-·-.--------~-----~--~=~---····=-+--· t ·-=--~-=~jl - ··-
DRAINAGE SYSTEM
VIII
__!'....:')0 1
..
38.630 .,
.,..__
f-
-
EXTERIOR ELECTRICAL
-
IX
EQUIPMENT RENTAL MOBILIZATION
X
OU _T_S_ ID-E
:
4.93%
215,441 .00
~
100G.:
SEWER·-- - - __,,,_. o.s2.~ - r-i7.094.oor··- - - - - - . . 1.- - --·- ~---·- r TOTAL
100%
0·;,-
I
0
"'
_l__
·--~ TOTAL ~0
% v·..,.
.
4. .9._3·-00
~-
0 o .A:T'Eti6.615%
~4-1 . 0__0__1,
·. .2 15..
..
LA ST REPORT
1.9241%
84,083.171ess 10% ~ 75.675.00
THIS REPORT
TOTAL COST Of CONTRACT THROUGH CHANGE
P4,370,000 .00
B. PERCENTAGE COMPlETED 36.615%
TO DATE
c.
COST Of WORK ACCOMPLISHED TO OATE
D . 10% RETENTtON OF "C"
E.
AMOUNT "C" LESS "D"
F.
TOTAL AMOUNT OF PREVIOUS COLLECTION
llt1,600,076.50 lit
i
1,600,075:501
} .370,000.00 See pages 387-88 34.6909%
A.
~~ ·>.- _:oo
, 60,007 .55
,.1 ,440,068.00 llt1 ,364,393.07 (See page 388}
385
G. AMOUNT "E" LESS "F"
- - - -- - - - -- - - -+--
H. LIQUIDATED DAMAGES FOR DAYS AT P DAYS
,.
75 ,675.00
- - - ----!-- ,.
75,675.00
PNONE
I. AMOUNT DUE CONTRACTOR ("G" LESS "H")
CONCURRED IN:
CONSTRUCTION MANAGER FOR OWNER
PROJECT SUPERVISOR ARCHT/ENGR. OF CONTRACTOR
RECOMMEND PAYMENT:
APPROVED FOR PAYMENT:
ARCHITECT
PROJECT MANAGER
PART OF A CERTIFICATE OF PAYMENT/OR APPLICATION THE PRESENT STATUS OF THE ABOVE CONTRACT IS - - - - - --
-___,......
ORIGINAL CONTRACT SUM ...... ft_ _ _ __ CHANGE ORDERS APPROVED IN PREVIOUS MONTHS CHANGE OADER NO. APPROVED _ _ _ 19_ _ CHANGE ORDER NO. APPROVED 1 9_ _ CHANGE ORDER NO. _ _ _ APPROVED _ _ _ 19_ _ CHANGE ORDER NO.
APPROVED
T 0 TAl
19_ _
s._________ TOTAL ADDITIONS SUBTOTAL DEDUCTIONS TOTAL ADDITIONS
P_ P_
_ _
_ _
P_
_
_
SUBTOTAL ' -- TOTAL DEDUCTIONS P _ _ _ SUBTOTAL P _ _ __ TOTAL AMOUNT OF CONTRACT TO DATE P _ _ _ WORK STILL TO FINISH (THIS DATE P _ __ LESS 10% RETAINING , _ __ TOTAL TO BE DRAWN ITO DATE) ' -- CERTIFICATES PREVIOUSLY ISSUED P_ _ _ THIS CERTIFICATION P_ _ _
386
THIS IS TO CERTIFY THAT THE WORK AS USTED ABOVE HAS BEEN COMPLETED IN ACCORDANCE WITH THE CONTRACT DOCUMENTS THAT ALL LAWFUL CHARGES FOR LABOR, MATERIALS, ETC. COVERED BY PREVIOUS CERTIFICATES FOR PAYMENT HAVE BEEN PAID AND THAT A PAYMENT IS NOW DUE IN THE AMOUNT OF -- - - -- PESOS ( ~ I FROM WHICH RfTAINAGE OF 10% AS SET OUT IN THE CONTRACT DOCUM ENTS HAS BEEN DEDUCTED.
CONTRACTOR DATE: _______________
EXPLANATIONS AND NOTES If an advance payment of say 20% w as given, tt4,370,000.00 or x 0.20 = t'874,000.00. This amount shall be deducted in equal installments or 20% of the t-874,000.00 every progress payments when the total executed work exceeds 20 percent in this example collection No. 15 exceeds it. Deduct corresponding percentage of worit to the downpayment. For liquidation of the amount of downpay-
ment. Since the last report 114 is not shown, let us see ho w much was given:
I Staging , 00% of .44% -----------------------------------------------·-------------11 Main Bldg. Earthwork 86«Mr of . 56 (.86 x . 5 8} ---------------- ------------- ------------------Soil poisoning 27% of . 13
0.44000 0 .48160
--·-·····-------··-·----------••· ----------·--··· ··
0 .35100
(.7 5 X 28) ················-····----····---··----···------Waterproofing 29% of 1 . 50 (.29 X 1. 50) ··---------······------·-------···············Masonry 31% of 2 .35 t.31 x 2 .3 5) -------------------------------··-------------Plumbing 17% of 3.30 (. 17 x 3.30) -----------------------------------------Eiectrical14% of 2.20 (. 14 x 2.20) ---------------------------------------------·
21 .00000
{. 27 X .13) Concrete works 7 5% of 2 8. 00
111 Kitchen & Mess Hall EarthwOfk 56% of .37 (. 56 x .37) ------------ -·--------------------------·· Soil poisontng 1% of .06 I. 01 X .06 ------------------·------------------------------··-Concrete Works 34% of 3 . 7 2 (. 34 X 3. 7 2 ) --·-----------··-----·--------------------· -Damproofing 1% of 41 1.01 .41 ) , . ·----------------------------------------------Masonry 30% of . 50 1.3'0" x .50} --~---- ------------------·-- --- ------------------- Carpentry 1% of 2.10 t.O1 x 2.1 0 ----------------·--------------·--··---------· Plumbing 1% of .84 (.01 x .84} -------------·---------------·---------------------Eiectrica11% of . 72 (.01 x . 72) --------·-----------·---------------------------·---
x
IV Site Preparation 100% of 3.02
0.43500 0.72800 0 .56100 0 .30800 0. 20 720 0 .00060 1.26480 0.0041 0 .150 00 0 .02100 0.00840 0.00720 3.02000
V None
VI None VII. None VIII Drainage System
42% of 1.85 (.42 x 1.851
0 .777
387
IX None
X Equipment Rental & Mobilization 100% of 4.93 ( 1.00 x 4.93} ---------------··-----------------·------------·-· Total Percentage ·-·-···----··----------··············
4.93 34.69090
So 36.615% to Date less 34.6909% last report gives 1.9241% this report Last report
34'.6909 (.346909
X
4,370,000} ·less 10%
=
Assume ·this was
p 1,515,992 .30 151.599.23 ,. ' ,364,393.07
Given in the Collection No. 14 If there are change orders, this must be shown as to amounts of deductions when works are deleted or changed to lesser costs of materials and labor or amount to be added if the change orders will make the contract item of work increase. FORM OF PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS : That as Principal , hereinafter called Contractor, and - - - - - - - -- - - - -- - - as Obligee, hereinafter called Owner, in the amount of - - - - -- - - - - - - - ( 100% of Base Bid) ___________________________ PESOS(P ___________________________ for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by those presents . WHEREAS, Contractor has by written agreement dated - - - -- - - - - - -- - entered into a contract w ith Owner for - - - - - - -- - - - - - - - - - -- -
in accordance with drawings and specifications prepared by - - - - - - - - - - - which contract is by reference made a part thereof, and is hereinafter referred to as the Con· tract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said contract, as it may be altered, modified or extended, and shall fully complete all of the work herein described, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or modification of said contract or extension of time for performance thereof which may be granted by the owner, consents thereto, and agrees that no such alteration, modification or extension will exonerate, release or discharge the Surety. Whenever Contractor shall be, and be declared by Owner to be, in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Contract in accordance with its terms and conditions, or,
388
2. Obtain a bid or bids for submission to Owner for comp~eting the Contract in accordance with ita terms and conditions, as it may have been altered or modified, and upon deter· minatlon by Owner and Surety of the Lowest Responsible Bidder, arrange for a contract between such bidder and Owner and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragaph) sufficient funds to pay the cost of comple· tion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth tn the first paragraph hereof. The term "balance of the contract price" , as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount previously paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the contract faUa due. No right of action shall accrue on this bond or for the use of any person or corporation other than the Owner named therein or the tieirs, executors, administrators, successors, or assigns of Owner.
IN THE PRESENCE OF:
(Sean (Principal)
(Title) - - - - - - - - . , - - - - - - (Seal) (Surety)
Date: (Title)
PERFORMANCE BONO
-2-
389
8UQ1EtiN 'Of 'INSY.Auc.ti0N !NO. 3 CHANGE ,QROER :NO. 2
TO: Consolidated Conatruction Company You are hereby authorized to effect the following changes in our construction contract when approv•d below. Date _ __4:....·::;.2-...:'7_ _ _ _ _ __ _ _
owner _____~U~n~lv~e~rs~ a~IH~o~u~··~•n~g~A=~~o~ri~tv~--
Jtem No. 1 - Dryer Receptacle ~uested
by: Housing AuthoritY . Reason: Provide alternate utiltty. if required. Detailed description of change: Add electric dryer power receptacle at wall behind dryer location. Receptacle to be flush mounted, 3 wire, 3 contract, 30 amp, 125/ 250 volt, single phase rating, black Levtton No. 6207. Typical aU
units. ADD ~"--=2~4.=.0.~0.:.0_
ORIGINAL CONTRACT TtME
"88,500.00 ,. 240.00 tt 88,740.00 300 calendar days
VARIATIONS THIS CHANGE ORDER
add 3 days
ADJUSTED CONTRACT TIME
303 calendar days
ORtGINAL CONTRACT PRICE AMOUNT OF THIS CHANGE ORDER CURRENT .CONTRACT PRICE
Date
APPROVED Owner APPROVED ·
Date Contractor
APPROVED
Date Architect
APPROVED
.Date Housing Authority
390
8. SHOP DRAWINGS The Contractor shall prepare at his own expense and submit with such promptness as to cause no delay in his own work or in that of any contractor doing work on the same building, two cop_ies of all shop or setting drawings, templates, patterns and models, as well as schedule required for the work of the various trades and the Architect shall pass upon them with reasonable promptness, making desired corrections. Shop drawings shall be numbered consecutively and represent: a . . All working and erection dimensions b . Arrangements and sect~ c. Necessary details, including comptete information for making connections with other work. d. Kirids of Materials and Finishes Shop drawings shall be dated and contain a) Name of prOject b) descriptive names of · equipment, materials, and ctassified item numbers c) location at which materials or equipment are to be installed in work. Submission of shop drawings shall be accompanied by a Letter of Transrrnttal in duplicate containing name of project. Contractor's name, number of drawings, titles and other pertin·mt data.
9. PERMITS AND LICENSES: All construction permits and License necessary for the eY.ecution of the work or of any temporary work and easements in relation thereto should be secured, and the corresponding required fees paid for by the Contractor. The Contr actor shall be solely responsible for the actions taken lw him should the Construction be started before acquiring the necessary permits and licenses. The Contractor shall also secure the final occupancy permit but he shell not be responsible for ttie non-issuance thereof through no fault of the contractor.
10. CONSTRUCTION STAKES AND REFERENCE MARK: The Owner shall be responsible for the establishment of Lot line, boundary lines, easements, and bench marks by a certified surveyor. The Owner may relegate this responsibility to the Contractor provided the Owner shall pay for the cost of said services. All other grade, lines, levels and benchmarks necessary for the protection of the work shall be establish and maintained by the contractor.
11 . TEMPORARY STRUCTURES AND FACILITIES USE OF PREMISES a. LIMITATION OF USE: The Contractor shall confine his apparatus, the· storage of materials, and the operations of his workmen to limits indicated by the law. ordinances, permits, or directions of the Architect and shall not unreasonably encumber the premises with his materials. b. SAFEGUARD FOR STRUCT.URE; The Contractor shall not load or permit any part of the structure to be loaded with a weight that will endanger its safety: The Contractor shall enforce the Architect's instructions regarding signs, advertisements, flres and smoking.
391
TEMPORARY STRUCTURES AND FACILITIES a. TEMPORARY OFFICE AND CONTRACTOR'S BUILDING: The Contractor shall at all times provide and maintain adequate weathertight temporary office with water, light, telephone, and toilet facinties for the use of the Architect, resident engineers, inspec· tors, contractors, and sub-contractors. This office shall be provided with wooden floor raised above the ground, windows, doors and lucks, taiJies, closet, blackboard, tac;kboard. benches, and racks for drawings. One room of approximately 1 2 square meters shall be provided for the Architect's use. b. TEMPORARY HOUSING FOR WORKERS: The temporary buildings for housing men, or the erection of tents forms of protection will be permitted only at such places as the Owner or Architect shall designate; and the sanitary condition of the grounds in or about such structures shan at all times be maintained in a manner satisfactory to the Owner and the Architect. Nobody·shall be allowed to sleep or cook within the building line of the project under construction. c. TEMPORARY SANITARY FACILlliES ANO FIRST AIO STATION: The Contractor shalt provide, construct and maintain for the duration of the cohtract, ample sanitary toilet accomodatlon and other necessary conveniences includi11g water connections for the use of personnel and laborers on the work, properly secluded from public observation, in such manner and at such points as shall be approved by the Architect, and their use shall be strictly enforced . He shall keep such ·ptaces and clean and free from flies; remove all connections and appliances connected therewith prior to the completion of the contract; and leave the premises perfectly clean. d. TEMPORARY BARRICADES AND GUARD LIGHTS: The Contractor shall furnish and put up all temporary barricades and guard lights necessary for the protection, proper prosecution and completion of work. The guard lights at the top of the falsework tower, barricades, railings, etc., shall be provided and maintained by the Contractor throughout the prosecution of the project. e. TEMPORARY WATER, POWER ANO TELt:PHONE FACtLITIES: The Contractor shall make all necessary arrangements with the local utility companies in o.rder that temporary facilities for water, power, and telephone are sufficiently provided till the completion of the work. All expense incurred in connection therewith shalt be paid by the Contractor . f. TEMPORARY SIGNS : No signs or advertisements will be a41owed to be displayed without the Architect's approvaL The Contractor may erect one painted sign asap· proved by the Architect, Contractor, and various sub-contractors . The Architect shall approve size, color, lettering, and sign location. · g. TEMPORARY ROADWAYS: The Contractor sha" construct and properly maintain temporary roadways within and adjacent to site in order to provide proper access to the building. Temporary roadways shall adequately sustain loads to be carried on them and so constructed as not to endanger existing or newly installed underground structures. h. TEMPORARY STAIRS LADDERS, RAMPS, RUNWAYS: The Contractor shall furnish and maintain all equipment such as temporary stairs, ladder, ramps, scaffolds , runways, derricks, chutes, and the like, as required for proper execution of work by all trades. All such apparatus, equipment, and construction shall meet all requirements of Labor Law and other local laws applicable thereto. L TEMPORARY ELEVATORS AND HOISTS: The Contractor shall install and operate an adequate number of hoists and elevators. No hoists shail be constructed at such loca· tiona as wilt interfere with or affect construction of floor arches (or WOfk of other Co~ tractors). They may be located at exterior aides of structure .and extend upward adja-
392
cent to line of window openings . They shall be located at a sufficient distance from exterior walls and be so protected as to prevent damage. staining, or marring the permanent work. j. TEMPORARY ENCLOSURES: The Contractor shall provide temporary waathertight enclosures for all exterJor openings as soon as walls and roof are built so as to protect all work from weather. All exterior doors shall be equipped with self-closing hardware and padlocks. All exterior windows shall be provided with temporary sash frames securely fastened in place but removable when required. Such sash frames shall be covered in approved manner. k. TEMPORARY OR TRIAL USAGE: Temporary or trial usage by the Owner of any mechanical device, machinery. apparatus. equipment, or any work materials supplied under Contract before final completion and written acceptance by the Architect shall · not be construed as evidence of the Architect' s acceptance of same. The Owner shall have privilege of such temporary or trial usage , for such reasonable length of t ime as the Architect shall deem to be proper. No claim for damage shall be made by the Contractor for injury to or breaking of any parts of such work which may be caused by weakness or inaccuracy of structural parts or by defective material or w orkmanship. If the Contractor so elects, he may . at his own expense , place persons satisfactory to the Architect to make such trial usage.
1. REMOVAL OF TEMPORARY STRUCTURES: The Contractor shall remove all temporary work from premise.s erected by him and shall clean the premises as a condition for completing the work and before acceptance of the work by the Owner. 12. SUPERINTENDENCE AND SUPERVISION The contractor. if he supervises the work personally. must be Hcensed engineer or architects: Otherwise he must have in this employ a licensed architect or engineer accept able to the Architect who will supervise the work personally and inspect at least once a week. The Contractor shall keep in his project site during the work's progress, a competent Project Engin88f" or Superintendent and any necessary assistants, all satisfactory to the Architect. The Project Engineer or Superintendent shall represent the Contractor in his absence and all directions given to him shall be as binding as if given to Contractor . He shall have full authority to execute the orders or directions of the Architect without delay and to promptly supply such materials, tools, plants, equipment, and labor as may be required . 13. LAYING OUT THE WORK: The Contractor shall \ay out the lines and grades of the work . All stakes, benchmarks, etc. placed by the Contractor in laying out t he work, approved by t he Architect, shall be carefully guarded and preserved by the Contractor. In case such stakes or marks an displaced or rendered useless through the carelessness or neglect of t he Contractor or his workmen, they should be replaced by the Contractor at his own expense. 14. iNSPECTION OF WORK: The Owner, Architect and t heir representatives shall at all times have access to the work whenever it is in Preparation or progress and the Contractor shall provide proper facilities for such access and for inspection. The Cont ractor shall give the Architect to make the inspection of work to be tested or approved, timely notice of its readiness for inspection. and the date fixed for such inspection . If any work should be covered up without approval or consent of the Architect, it must. if required by the Architect, be uncovered for examination at the Contractor' s expense.
393
1 6. DEFECTIVE WORK Defective work may be condemned by the Architect at any time before the final accep· tance of the work, and when such work haa been condemned it shall be taken out immediately by the Contractor and rebuilt in accordance with the Drawings and Specifications. Failure or neglect on the part of the Architect or any of hie agents to condemn or reject bad or inferior work, shall not be construed to Imply an acceptance of the work of the same if such bad or Inferior work Is discovered at any time prior to the final acceptance of the work by the ·Owner and the release of the Contractor. 1 6 . CHANGES IN THE WORK The Owner may at any time, without invalidating the contract and without notice to the sureties, order extra work or make changes by altering, adding to or deducting from the work, as covered by the Drawings and specifications of this Contract and within the general scope thereof. Such changes shall be ordered by the Owner in writing, and no change or omission from the drawings and Specifications shall be considered to have been authorized without written Instructions signed by the Owner.
1 7. VALUE OF EXTRA WORK The value of extra work or change shall be determined in any one or more of the following ways: a) by estimate and acceptance in a lump sum b) by unit prices stipulated in the contract or subsequently agreed upon, provided the extra or credit does not exceed 25% of original contract of the parttcular work involved. c) By actual direct cost plus fifteen percent for contractor's profit, Overhead and Contractor's tax. 18. CLAIMS FOR EXTRA WORK If the Contractor claims that any instructions by drawings or otherwise involve extra cost under this Contract, he shall give the Architect written notice thereof within fifteen days after the receipt of such instruction, and, in any event, before proceeding to execute the work, except in emergency endangering life or property. No such claim shall be valid unklss so made. In like manner. if the Contractor-incurs a delay in the mobilization and/or in the progress of his work for reasons attributabkl to the ·owner, Ex: Owner supplied materials not arriving on time, movements or work executed by the Owner which interfere with the progress of the Contractor' s work. delayed decisions and ottler matters related thereto, he shall give the Architect written notice thereof within fifteen days after recognition of such delay and proceed to claim for extra cost that may arise such delays. No claim shall be valid unless such written notice has been executed . 19. CLEANING UP AT COMPLETlON OF WORK: The Contractor shal\ at all times keep the premises free from accumulations of waste materials or rubbish caused by his employees or work. At the completion of the work, he shall remove all his rubbish from and about the building and all his tools, scaffolding and surplus materials and turnover the work for occupancy with: a. All dirt, stains and the like on all finishing of floors, walls and ceiling, decorative work, finishing hardware and fixtures; removed. b.
~II
woodwork, finishing hardware and all metal works, cleaned and polished .
c. All glazing, marble and tile work, washed and polished. The Contractor shall also clean the building site as shown in the drawings and all areas which the contractor used in the operation of the project. At no time shall any rubbish be thrown from the windows or other parts of the building without the use of rubbish chutes.
394
20. DISPUTES a. The Architect shell within a reasonable time, make decisions on all clelmt of the Own• or ContractOr .nd on matters relating to the execution and progress of the work or interpretation of the contract Documents.
•1
b. Except as otherwi8e epecificaity provided in the contr,act, all disputes concerning question• of f8Ct lriling under the contract shall be decided by the Architect, whose decision sNU be fiMI 8ftCI condueive upon the parties thereto as to questions ~Hact. c. The Architect's decillion lhaU be final, If within the terms of the contract documents. d. If however, the ~t fails to render a decision within fifteen days after the parties have presented 1heir evidence, other party may then demand arbitration. If· the Architect renders a decision after arbitration proceedings have been initiated, such decision may be ent.ed ae evidence but shall not disturb or interrupt such proceedings except where such deciaion is acceptable to the partjes concerned. 21 . ARBITRATION
AU disputes; claims or questions subject to arbitration under this contract shall be settled in accordance with the proviaions of this Article; a) Notice of the demand for arbitration of a dispute shall be flied in writing with the other party to the contract, end a copy filed with the Architect . The demand for arbitration shall be made within a reasonable time after the d isput e has arisen, in no case. howev8f, shall the demand be made later than the time of final payment except as otherwise expressly stipulated in the contract. b) When formal arbitration is requested, a Board of Arbitration shaU be formed in the following manner. The own• and the contractor shall each appoint one member of this bo11rd end these members shell appoint a third member w ho shall act as Chairman. No one with a financial interest in the subject under arbitratior will be permitted to serve on this board. This board may engage experts to act in an advisory capacity. Minutes shall be. kept of all meetings and signed by all members of the board. Decislons of the board shall require only a simply majority and all interested parties shell be paid in accordance with the agreement set ·torth before the proceedtngs of the board. c. · It is mutually agreed that the decision of the arbitrators shall be a condition precedent to any right of legal action that either party may have against the other. The contractor shall not cause a delay of the work during any arbitration proceedings. except by agreement with the Owner.
395
Building Contract Format BUILDING CONTRACT KNOW ALL MEN BY THESE ~ESENTS : This Contract made and entered into by and between: ABC MANUFACTURING COMPANY, a corpor ation duly organized under and by v irtue of the laws of the Republic of the Philippines, wtth principal office at represented marherein by its president and General Manager, Mr. ried , Filipino citizen, of legal age, hereinafter referred to as the OWNER; - and -
- ------ - -------- apartnership doing business in the Philippines
under this firm name in accordance with provisions of existing laws, with principal office at - - -- -- - -- - -- - -- - represented herein by its managing partner, Engr. , Filipino citizen, of legal age, married, hereinafter referred to as the CONTRACTOR; WITNESSETH
WH ER EA~_,__1he
OWNER owns a Lot i.n .. . identified as lot No. 2-0 Naguilian Road, Res. Sec. "K' ',
__ _ _ situated at and
WHEREAS, the OWNER desires to construct a Residential house on the said lot; WHEREAS, the OWNER invited bidders to undertake Construction of certain works to be used in connection with this project; WHEREAS, CONTRACTOR represented himself/itself as being/ having an organization financially sound and efficiently established, into the necessary experience, personnel and equipment for the performance of this Agreement; WHEREAS, OWNER has awarded ~he bid to CONTRACTOR, Contractor's bid being most advantageous to OWNER on the basis of bid price as well as on other considerations; ~HERE~S.
the ~.O ~ TRAC !OR is willing to undertake the construction. in accordance with the plans and specifications, marked as Annexes "A" and " 8 " all of which are made integral parts of this Contract;
NOW, THEREFORE . the parties hereto have agreed to the following terms and conditions; covenants, agreement and stipulation set forth, do hereby agree as follows: ARTICLE 1
SCOPE OF THE WORK
1.01 The CONTRACTOR in consideration of the payment to be made by the OWNER to the CONTRACTOR of the sum of money hereinafter names. ·agreet to furnish all the necessary materials, labor and equipment for the satisfactory, faithful performance necessary to complete the project including painting, drainage, p1umbing and electrical installation therein In accordance with the accompanying plan• and specifications and other related doCUf'l&nts as prepared by the ARCHITECT and approved by the Boildlng l)fficlal. · *(Indicate If the Contract is LABOR only)
398
ARTICLE 2
TIME OF COMPLETION AND LIQUIDATED DAMAGES
2.01 The CONTRACTOR shall commence the Construction not later. than five (5) days after the execution of this contract upon receipt of the initial advance payment, and shall regularly proceed. and complete the construction within ONE HUNDRED FIF· TY (150) working days counted from the commencement of the work, unless prevented by fortuitous events, In which case the OWNER mav extend the time ac· cordingly. 2.02 In the event that the construction is not completed within the aforesaid period of time, the OWNER is entitled and shall have the right to deduct from any sum to become due the contractor the sum of EIGHT HUNDRED FIFTY (~50.00) PESOS or ten percent of one percent of the contract price for every day of delay as LIOUIDATED DAMAGES, and not by way of penalty.
ARTICLE 3
THE CONTRACT AMOUNT
3.01 The OWNER agrees that for and in consideration of the faithful performance by the CONTRACTOR of this Contract, he shall pay to the Contractor, in a manner provid· ed hereinafter, the amount of EIGHT HUNDRED FIFTY THOUSAND (1"850,000.00) PESOS segregated as per accomplishment and shown in the "Bteakdown Work" Annex "D" of this Contract.
3. 02 It is eqxessly llflreed by both parties that no change shall be made in the above mentioned contract amount as a result of any FLUCTUATION in the cost of m~~terial$ and/or labor, except those conditions as enumerated in Article 4 ----(note in some contrBCts, Bn escalation clause is included wherein the contract amount is adjusted accordingly as per materials cost incresse in percentage} 3.03 Any payment due end payable to the Contractor may be offset against any fi. quidsted dsmsges payable to the Owner under this Contract. ARTICLE 4
CHANGES. ADDITIONS, SUBTRACTIONS
4.01 The work and construction herein agreed to be done shall be subject to the dirac· tions of the OWNER'S Architect or Engineer or Representative who shall supervise and certify the work hereby agreed to be done. 4.02 The CONTRACTOR guarantees the performance and completion of the construction work to the satisfaction of the OWNER in conformity with the provisions of the Civil Code (Art. 1 7 23) which states that the Contractor is responsible for the damages if the edifice falls within fifteen years, on account of defects in the construction or the use of materials inferior quality furnished by him, or due to any violation of the terms of the contract. 4.03 In case of any defect in workmanship or materials which may become apparent in the course of the construction, the CONTRACTOR, upon demand of the OWNER or his Architect, Engineer or his representative, shall at the Contractor's own expense tear down and replace such portion·of the work done by the CONTRACTOR as in the OWNER'S or its Architect, Engineer's opinion ere unsound, incorrect or defective, or not in accordance with the plans end specifications. 4.04 In case of default on CONTRACTOR'S part to carry out such order, the OWNER may employ and pay other persons to carry out the same, and all expenses consequent thereon or incidental thereto shall be borne by CONTRACTOR, and shall be recoverable from him/it by the OWNER, or may be deducted by the OWNER from anv monies due CONTRACTOR.
399
4.05 Should the OWNER require the CONTRACTOR to peform work over and above that required by this Agreeme':'!t, th~ . a~di~ional cost shall _b!t .aEd~d to .~he Contrl!
omitted
ARTICLE 5.
PAYMENTS
5.01 An initial advance payment of thirty percent (30%) of the Contract price or Two Hundred Fifty Five Thousand (P255,000.00) Pesos shall be released by the OWNER to the CONTRACTOR after the signing of the Contract papers and presentation of all documents enumerated in Article 6. 5.02 Payment on account of this Contract shalt be made by OWNER every thirty days hereof In an amount equivalent to ninety percent (90% of the value of the estimated work as computed by the Architect using as a basis the "BREADKOOWN OF WORK" and Corresponding " VALUE" mutually agreed upon between the Architect and the Contractor prior to the start of construction see Annex "0". (see page 383 for sample of value of work) 5.03 That. prioi to and as a condition precedent to any payment to be made by the OWNER hereunder to the CONTRACTOR, the latter shall submit an affidavit signed by him to the effect that all materials used by him in the work as well as all wages and sa\aries to which the Contractor's employees assigned to the work are entitled to receive under the law had been paid by the CONTRACTOR. 5 .04 Final and full payment of the Ten Percent (10%} retention fee and all balances herein above mentioned shall be made by the OWNER to the CONTRACTOR upon fulfilling the conditions set forth in the General Condition . 5.05 Should the OWNER fail to pay within 30 days the sum in any certificate shall receive in addition to the sum in the certificate, interest thereon , at the legal rate in force.
ARTICLE 6
THE CONTRACT DOCUMENTS
6 .01 The following documents prepared by the architect shall constitute and integral part of this contract as fully as if hereto attached or herein stated except as otherwise modified by mutual agreement of parties. Anne:K "A"
Architectural drawings, structural drawings, electrical drawings, mechanical drawings.
Annex "B"
Approved specifications and/or its bill of materials.
Annex " C"
General Conditions
Annex "0"
Breakdown of work and corresponding value in percentage.
Annex "E"
Bar chart and/ or CPM schedule of works with dates.
Annex "F"
Performance Bond in the sum of P255,000.00 in favor of the OWNER .
Annex "G"
400
-
Approved Building permits, including Electrical, Plumbing and mechanical permits and other ·Licenses, as required by the government.
TAXES, UCENSES. I BBTS AND FEES
ARTICLE 7.
7.01 The CONTRACTOR lhll procure at his own expense all the necessary licenses, building permits, ce~tir.c.tions and sanctions of the proper authorities In respect of said wen, and geneelllly comply with the building and other regu,ations of auch authorities, including the final permit for occupancy after the completion of the construction to the satisfaction of the OWNER and his representative, and shell keep the OWNER indemnified against all fines and penalties and losses incurred by reason of any breech of this stipulat ion. ARTICLE 8
PERFORMANCE AND PAYMENT BONDS
8 .01 The CONTRACTOR will fumish the OWNER, within five (5 ) days from the signing of this coutaact, a performance and payment Bond, in the form of a surew bond to be issued by a reputable bonding company acceptable to the OWNER in the sum of EIGHTY FIVE TMOUSAND (P85,000.00) PESOS or 10% of the Contract price, equivalent to the dawnp;ryment, conditioned for the faithful performance of the faithful performance of the Contract and the satisfaction of obligations for materials used and labor em~ on the work . These bonds shaH be effective with in a period of one ( 1J year after the acceptance of the work by the OWNER .
ARTtCLE 9.
INSURANCE AND OTHER CONDITIONS
9.01 The CouiJactor shall take cognizance of the provisions of the other contract documents especially the Contractor's responsibilit ies and liabilities on materials, workmanship. labor and property as stipulated in the General Conditions. Within fifteen ( 1 5) davs after signing of the contract, the Contractor shall submit certificate of insurance to protect him against claims for damages of OWNER'S property and adpning property which may arise from operations under this contract, subject to the approval of the OWNER as to adequacy of protection and reliability of insurance company.
9 .02 The Contractor shall hire all workers for the Construction work and he shall be soklly responsible for the payment of their wages. In case of any accident or injury 1ha1 may befan in the course of the construction , the CONTRACTOR shall comply with the Workmen's Compensation Act, the Minimum W vge law, and all other laws. ordinances and regulations. The CONTRACTOR shall likewise be responsible for any losses or injury that the OWNER or third party may suffer as a result or in the coune, of the construction and shall discharge and/or render harmless the OWNER from an damages, costs, expenses and/ or compensation on account of, or in any way resulting from or out of the construction.
ARTICLE 10.
SUB-CONTRACT
10.01 tt is understood and agreed that the entire work called for by this contract shall not be subiet or subcontracted. However for the better progress of this construction the CONTRACTOR may sub--contract specific jobs and portions of this construction wortc after obtaining prior authorization from the OWNER or his duly authorized r81M'U&ntative.
10.02 Any wubcontract, even if authorized, shall not be so understood as to relieve the CONTRACTOR from his/its obligation and responsibility to the OWNER for the satisf8ctofy completion of the work and for payment for wages of laborers and for materials furnished for the work. The Parties to this agreement hereby agree to full performance of the covenants herein.
401
IN W ITNESS WHEREOF, the partfes to this Agreement have on the day and year first above given, hereto set their hands at the bottom of this page and on the left-hand margin of all the other pages of this Agreement this day of 1986, in the City of Baguio Philippines. By :
O WNER
CON T RACTOR SIGNED IN THE PRESENCE OF:
W itness
Witness
CH22-2 REPUBLIC OF THE PHILIPPINES)$ S .. CITY OF BAGU\0 . . . . . . ) Before me, a Notary Public in and for the City of Baguio, personally appeared - - - - - - - - · w ith Residence Certif icate No. A . issued at _ _ _ _ _ _ _ __ _ _ on 1986, both known to me and t o me known to be the same person who executed the foregoing instrument and acknowledged to me that the same is their free act and deed and the free act and deed of the Corporation represented by him, for the purpose therein set forth. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my Notarial seal this _ _ day of 1986 in the City of Saguio, Philippines .
NOTARY PUBLIC Doc. No. _ _ ; Page No. _ _ ; Book No. _ _ ; Series of 1986.
402
in
Planning Schedule Programming PLANNING: Planning is the function of co-ordinating in a logical order all the activities , persons, machines, and materials necessary to complete the project. At this stage, it considers only technology and sequence. Part of the planning function is the selection of the plan offering the best combination of time and cost.
SCHEDULING: Scheduling is the placing of the plan on a calendar timetable and showing the allocatioin of the equipm, . and manpower that will put the plan into effect. Therefore scheduling cannot be done properly until the plan is established .
METHODS OF PLANNING: 1. BAA CHART METHOD 2. CRITICAL PATH METHOD 1 . BAR CHART METHOD Traditions! Bar Charts show both functions simultaneousfy with the result that the answer is too often incomplete. They show a schedule for a plan that has been accepted without first establishing that the plan is the most economical one . 0
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i
~
I
'
PREMISES
CIRTIP1CAT! OF OCCUPMCY
I
--
-·-
-.... .....
BAR CHART SHOWS THE TIME NECESSARY FOR EACH FUNCTION BUT DOES NOT SHOW HOW THEY ARE RELATED TO ONE
ANOTHER. 2. CPM - CRITICAL PATH METHOD CPM Basicatly is a t echnique that separates planni ng and scheduling. It also clarifies the inter-relationship between time and cost. CPM evaluates all the possible alternative plans for a project and associates each plan with a schedule. It is a technique f or finding the ordered sequence of all the activities f orming a project so thllt the pro)ect is completed in the shortest possible t ime coincident with the low est cost. Each of the possibM ~ens is established by listing every activity related to the project. Then their inter-relationship is established in st ep-by-step order by drawing an arrow diagram t o
407
show what must precede each activity . What must follow it, and what can run concurrently with it. Failure to show these. relationships is one of the weakness of the .standard BAR CHARTS they do not clarify this dependency of the activities upon one another~ and h9w any one of them can affect the project as a whole. In CPM, ·each arrow represents a job capacity. It has no dimension but shows the direction of th~ time· or work flow for the activity (time flows from the tail of the arrow · to the head) for each plan, the cost related to the duration. As the pace of a project is forced; it8 cost will rise. Conversely, if it is allowed to drag, the cost will rise again because of continuing overhead expenses.
' - cr.ash-t-Jme. -~~st Jru:.reases I
\J T
l ME
CPM began with a study initiated by E.l. duPont de nemours in 1956 in conjunction with the Univac applications Research Center of Remington Rand. PERT (Program Evaluation and Review Technique) had its inception in the Navy for its fleet BaUistic Missile Program dated 1958.
IMStall <:>Ut.Sid~ · . .S~I"'Vtc::e.s-
7
408
CfUTtCAl PATH METHOD ARROW DIAGRAM FOR A SMAll BUILDING 6 EVENT NUMBER
25 ACTIVITY DURATION -DUMMY ACTIVITY (Finish and clean up cannot start until the walls have been insulated)
CRITICAL PATH ACTIVITIES - (as shown it will take 51 days to complete the Building) 1 . PLANNING THE CPM In preparing CPM. the CONTRACTOR is required to perform the planning phase since he is the only one knowledgeable about his costs and methods of doing business in the best possible time for the best possible cost. It is here also that all necessary input data are developed. There are Five inputs which can be produced. A. A NETWORK (Arrow Diagram) defining the activities in the project . B. DURATION Estimates of Activities c. COST Estimates of Activities- for Cost Monitoring and Cash requirement Calculations D. RESOURCE ESTIMATES -for resource requirement calculations such as men money, materials and equipment. The schedule produced for a project assumes that enough manpower and equipment is available to get the activities done as scheduled. E. TRADE !Responsibility) INDICATORS - for activity grouping such as subcontractors. Here, the particular, subcontractor is primarily concerned w ith activities affecting his portion of wori(. In the produced schedute. the individual activities appear in their order of sequence as the structure is put together - and those responsible for various activities throughout the project must review the schedule to determine when they must act. A. THE NETWORK: (or Arrow Diagram) is usually arrived at by all persons who have anything to do with the project. All subcontractors and suppliers should be asked to review the network carefully to make certain that the activities pertaining to their work is accurately and realistically described. In the Bart Chert Scheduling, an activity say for example. a continuous wall footing is shown as one straight line which indicates when it will start and when It Is supposed to be finished but does not described the different activities involved to do this job for example the excavation. the rebars, the forms .-.d others.
s~pt
7
I
I I
I
I 409
In the CPM, Scheduling, the wall footing may be done by phases and the activities involved are well defined as to whet come first and what can be done simultaneously .
pourn
Q) @
Event Numbers
1
--~}
---~
410
Activity
Dummy ·
.s~
A+o B
1. EVENTS: An event is a point in time signalling the beginning or end of one or more activities. It is the point which denotes the completion of all preceding activities and the beginning tor au sueceding dependent activities. Events is shown as 8 or 8 or 8 ~Vc!Ot
NOTES: a) Keep in separate classification activities performed by different tradesman such as
plumbers, carpenters, masons etc. b) Divide the project with respect to its structural elements. For example, the roof assembly would be separated from wall construction, which in turn would be separated from the foundation. c) Divide the contract for assignment of responsibility. As an example, the painting subcontractor's activity functions shall not be lumped with that of the resident flooring sub· contractor. d) Work for similar nature performed in different locations throughout the project should be considered separately as should these operations performed at the same time but at considerably different locations within the project. e) It is required that all numbered activities be grouped in a line with one of these numbered phases. It does not, however, follow that all acti;,oities which fall on the line with a particular phase start at exactly the same time.
411
thl.s 21t::.t1V1"N may st.art M "th~ etn daj
ttl€ 4th day o-r Dn 8 days
12. a:ays
th1.s. li"\ZIY .s'tltrt on thl. 1stk1y or- an th!! 4-th Jay
* As long as they finish at the same t ime w ithin 1 5 days.
ELEMENTS OF NETWORK DIAGRAMMING INTERPRETATION
NETWORK
A ctivity B cannot start until job A is completed.
}----.:C:....._ _~ 3
The number at the tail of any arrow must be less than the number at the head of the arrow. Activity C cannot start until both job A and job Bare completed.
A
Activity B and activity C cannot start until Job A is completed .
Both activity A and B must be completed before Jobs C and D can start.
A
)Q
c
)
Both jobs A and B.must be completed before activity C can start.
)
Job d depends only on Job 8, and not on Job A (E . here is called a DUMMY) .
/e::
s
412
)6
D
A
)0
c
)
Both jobs A and B must be completed before activity D can start .
~
Job C depends on Job a only here , lF is a dummy).
•I
:F 8
0
D
2 . DUMMY ACTIVITY " Not More than One Activity may have the same Event Number"
It is sometimes necessary to use a '·Convector" type of activity that doesn't really represent ~Nork, but merely helps to observe the rule stated above . This type of activity is usually referred to as a " DlJMMY" this special sctivity is drawn as a dotted line and indicates that no work is involved in that activity. The dummy involves no duration and no cost. It serves only as a dependency connector or sequence indicator. A rule one must follow is that every number must be used and the the number at the tail of any arrow must be less than the number at the head of the arrow.
COMMON ERRORS 1. WAGON WHEEL
·* This is an error because not every activity that leaves say, the event completion of all activities that enter this event 4
4
depends upon the
413
~.a.~fal7f~ ~t form.s
}
I
I
th~ ~orr~~t
I
S6lutron
here you can start the set forms only when pre~fabrication of forms is finished. A dummy is made from 3 to 4 since you cannot start to set the forms if layout and excavate (done by others} is not finished.
2. WATERFALL ERROR
The error here lies in the fact that as shown, pour cap, Bent #4 cannot start until after Pour Footing Bent #3 has been completed. The dummy from til
13
has, because of the dummy from
13
15 to
to 15
The correct arrangement of the activities In this example would be:
414
16
cannot occur un-
B. DURATION ESTIMATES This stage requires the planner to estimate the amount of time that will be necessary to complete each activity. The simplest way to make the duration estimates is to determine to 'normal" amount of time needed to finish the activity with normal sized crew or with tht .1ormal amount of equipment. Start with the longest duration for each activity and then "speed up" those that will shorten the project. Duration estimates are made on an individual basis. No consideration of often activities can be made. The duration estimate is used to calculate the schedule for a project. It is also used to find those activities that are controlling the amount of time needed. to get the project done. These are the critical activities and collectively they ma ke up the "CRITICAL PATH". CRITICAL PATH The critical path is the longest path in time through the Network. Since these critical activities are added to determine the total duration of the project, and delay of one of these activities will proportionately delay the job and conversely, any speed-up will decrease the total duration time.
4 .d~ys -JelzJy 10
duration 10 days
duration 1 0 days (4 days delay) duration 10 days (2 days advance)
G)
l~-,
14
3
0
4
'-~
10
a
0
,
4
®
;-,
4 ----{... _,~
Example:
415
path 1 - 2 - 4 - 7 has a total of 24 days path 1 - 5 - 7 has a total of 1 8 days path 1 - 3 - 6 - 7 has a total of 32 days this then is the CRITICAL PATH, the longest number of days and is the path controlling the project's length.
activity 6 to 8 cannot start until activity 2-6 and 3-6 are completed. The critical path longest duration of 30 days is act ivity 1 - 3-6- 8-10. If it is required that the amount of time needed to complete t he project be shortened, these are the activities upon which to concentrate. Non-critical activities are strictly dependent upon the completion of the critical items , so speeding up non-critical activit ies is o1 no value at all, in terms of project duration. Since the critical activities are usually less than 30 of the total activities, a large percentage of the activities in a project have extra time available since they are, in a sense, waiting for the critical items to be completed. An important point to keep in mind when using PERT /CPM is that there is not necessarily only one critical path. There may be several.
C. COST ESTIMATES Time and peso estimates - A necessary part of the project network is the assignment of time and pesos for each activity displayed. These ingredients are the basis ot calculations to determine w hen the project will be accomplished and what the total direct cost will be. It is important that these time and pesos estimates be as accu~ate as possible, and made by persons responsible for the individual tasks.
41 n
Two estimates are required for PERT/ CPM 1 . Time and money. it would take to do 1he activity under normal work and manpower conditions. 2. Time and money it would take to do the activity on a "crash basis" or in a shoft.ef than normal time.
,... crash
· u.st
Tnn~ mcr~.s~s
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~ lfl
0
_ ___ _! ___
norm
normal 1~ I
l
I
I
lJ
1 l
I I
I
! T
When reducing the time required for a project from normal to crash, the cost will usually increase.
IME
D. RESOURCE
ESTIMATES
It is important that all parties concerned with the development and approval of the construction network be aware that the PERT/CPM which indicate completion within the specified time can become very meaningless if the resources to implement the plan are not available. Imagine if you require 4 painters .to paint the exterior in three days but become aware that there are only two paint brushes available. In addition to resource consideration at the beginning of the project, particularly the optimum loading and leveling of manpower, the contractor must continually review the plan to detect significant changes which could prudently require immediate replanning ahd reallocation of resources. He may wish to hire more men. order overtime, change the priority of work, or bring additional equipment to the site. Having the network as a guide for interpreting the relative importance of the activities and their resource requirements assist the field supervision in making maximum use of its available manpower. Thus, the tendency to continually shift men from one job to another, from one foreman to another, is lessened and this results in greater labor productivity and lower labor costs. The assignment of peso values· and costs to the various activities on the network produces several benefits: 1 ) It will allow the contractor to quickly produce a projected cash flow analysis, showing the expected rate of expenditure and income. 2) If the peso value portion is made available to the owner or contracting agency, it provides a projection of expected progress payments; 3) If the peso value portion shows both the curve based on the earliest start of each activity and the curve based on the latest stat of each activity, the owner can make a decision concerning the optimizing of funds utilization, interest minimization and a related realistic schedule determination.
417
The role of resources - men, money, materials, and equipment - is of major importance in the determination of a meaningful construction plan and _realistic construction schedule . The schedule produced for a project assumes that enough manpower and equipment is available to get the activities done as scheduled.
Resource Analysis Form
to
ACT IVITY
J
Excavate FTGS & Pads Boiler Room
Pour FTGS & Pads Boiler Room
RESOURCE
REQUIRED
Backhoe
2
Laborers Engineers·
4
Cement Finisher Laborers Foreman
6 4 1
1
NOTE: This is supplied to a Computer E. TRADE INDICATORS
c.o.
c.oru::l"'ete
In a project of average size, several hundred activities can be expected. The actual performance of these actiVities, however, Will be the responsibility of -several different IndiVIdUal~ or sub-contractors. For example, the mechanical sub-contractor is primarily concerned with activities affecting his portion of work, and wili not necessarily be very much concerned about the general contractor's relations with his concrete supplier. In the produc~d schedule, the individual activities appear in their order of sequence - as the structure is put together -and those responsible for various activities throughout the project must review the schedule to determine when they must act. On the same day, activities will probably be scheduled involving several subcontractors and suppliers. It is desirable to be able to single out all the project's activities in such a way that all the activities for a subcontractor, for example, can be grouped. This is the purpose of the Trade Indicator - here ag.ajn the computer can act easily on this que.stion. In this way, an electrical sub-contractor need not made through all activities in the project, but could quickly and easily find all the activities for which he is responsible.
418
II. S C H E 0 U L I N G The three most important aspects of any projects are ( 1) the over-alllength. (2 ) what the immediate problems are (3 ) what might occur in the near future to cause delay. A} CRITICAL PATH - The project is now in network form and it contains a time estimate for each activity . The next step is to determine the total amount of t ime required to complete the project. This is determined by tracing each on the network, adding up the t imes of the activities, and marking the path which takes the longest elapsed time. This Longest Path is the "CRITICAL PATH". Since the project cannot possibly be completed until this path is completed. The activities on this path are in turn, the critical activities of the project and any delay in their completion would result in a stretchout of the project. There may be more than one critical path.
6 to 8 cannot begin untii activities 2 to 6 and A c tivity 3 to 6 are completed. These activities portray the availability of a construction crew and receipt of necessa ry falsework before construction of the bridge Project can begin. This may not seem a difficult problem but suppose this crew and falsework were utilized in another phase of the project; a phase lagging.
B. SLACK OR FLOAT -
Float- used t: rel="nofollow">y c:PM .system SlacK- used 'v-::J
PERT s~s"tetn
A term for those activities which do not fall on the critical path. These activities have scheduling leeway that can be used without adverse effect on the project.
419
As shown in the previous figure. the longest time from event 1 to 6 is thirteen weeks. The difference in time between path, 1-3-6 indicates a total beway of three weeks in path 1-2-6. This "float" available may or may not be attributed to any any one activity in this path but can be divided equally or assigned to any one of the activities on this path.
If (i) -to G'l
.starts
th~ w~li<s late still 1t LS wrth 1n I~ vvceeKs
It can be seen, therefore. that event 2 can be accomplished as early as 6 weeks from the start of the project, but also as late as 9 weeks, and still not become critical or cause delay of event 6 The men. !118terial, equipment and money tied up in these activities then become resources from which the project mananger or supervisor may draw to improve the condition of the critical path activities.
C. SCHEDULE ANALYSIS As the computer is producing the range of schedules, based on the activities' time cost data, it also stores all of the necessary information for each activity provessed. When the PERT/CPM user has selected the schedule he cares to follow, the computer can be told to produce the details of the chosen schedule. These details would indicate when each activity was to start and finish in order to get the project done in the time aNoted.
EARLY START - is the earliest point in time that an activity can start. Provided that all activities before it have been finished. This is not necessarily the point in time that the activity will start; it is, however the earliest time that it can start, if the network has been correctly drawn.
EARLY FINISH - is merely the duration of the activity after its early start. This is not necessarily the point in time that the activity will be over. A "finish" date in PERT/CPM is defined as the first day upon which no further work is to be done for an activity. It is then the first day after the physical completion of the activity.
420
LATE START -
It was pointed out that many activities can stand by until the critical activities are fini shed. However, there is a limit to the amount of time these activities can be ignored. The limiting point in time is called the activity's LATE STAAT. It is the deadline by which time the activity must start i f the project is to get done in time. LATE FINISH Is the date that the activity must be finishe d if the project is not to be delayed. It is the duration after the lATE START. It is also the day after the physical , completion of the activity.
0
00
EJ@
§J @
§J@
G)~----~8--~
'II I
~------------------~ 5 ~---------------
@
~
JOB 2 to 5 is 6 days early start of 8
+ 6 days
= 1 4 days
---: : : :·~-~·-P_T_I_O_N----~
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, a::
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a
1--·------------ -~.-.6·--1-~+~-- ;. -- ~
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STR. STEEL
' - - - --------- - --
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es
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. 27
~ 33
0 19
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22
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35
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421
NOTE: If the early start and early finish and the late start and LATE FINISH are the same, then this is the CRITICAL ACTIVITIES.
~@) l--------""'3)------~ \
\
t.at'I""Y star"t
IZite start
~rly
~'799
1011 1Z1'!>1+lS
\
~rl'j fmtsh lat~ F1n1sh
st.art' 4-=--~~===-.,_.~...., ~~~ FlntSh
latt. F1n1sh lat~
start"
For NON-CRITICAL activities, there is a difference between the earliest starting date and the latest. This difference is called FLOAT Two Types of
FLOAT~
a. FREE FLOAT
8
F >--s__,,.....CG \0
0, E and F is the CRITICAL PATH B starts when A is completed after 4 days C starts when B is completed after 10 days B and C had not free f loat since they have early starts. F can only start when (EI is finished which is after 20 days. So the non critical activities of ABC or 14 days and Activities of 0, E or 20 days has given Activity C a FREE FLOAT of 6 days.
422
B. TOTAL FLOAT is the amount of Float that is shared by all the activities on a non-critical path. The 6 days float in the example above is shared by activities tAl (Bl and (Cl if activity A which is 4 daya only uses the float, ;t becomes 1 0 days when activity B and C becomes critical activities . SEATWORK:
1. Draw the CPM for the two Storey Residential House as per the Bar schedule problem . Indicate all activities, event numbers duration of each activity and draw a. heavy dark line on the critical path . ·
423
Feasibility Studies FEASIBILITY PROJECT STUDIES FEASIBLE - I! word defined as capable of being done or carried out; practicable, possible and within reason. A project which when carried out or built is capable of being used or dealt with successfully. ln this case, a reasonable return of investment or ROI, to the financiers or developers. There are two ways to prepare a feasibility study. One is the preliminary study which is done by Lump sum analysis and the other is by detailed castings which is based on the actual estimates of details in plan .
1.
EXAMPLE OF A PRELIMINARY STUDY' (Note: Prices were based on 1984-85 and is subject to change) PRELIMINARY PROJECT STUDIES Foggy Heights Townhouses Baguio City A. AREA ALLOCATIONS 1. Gross Area (1 00%) 2 . Residential Lots (7 2% ) 3 . Road Lot (28%)
2 ,800 sq.m. 2,016 sq.m. 784 sq .m.
B. LOT AREA
1 . Lot Acquisition Cost 2,800@ P500 2 . Site Development Cost 2,800 @~300 3. Average lot sizes 4 . Total No. of Lots 5 . Selling Price per sq.m. 6 . Total lot Sales 7 . Selling price per lot
c.
1 ,400,000.00 840,000.00 80.64 sq.m. 25 lots 1,600.00 3 ,225,600.00 , 29 ,024.00
HOUSE DATA
1. House Model 2 . House Floor Area 3 . No . of Units 4 . Construction Cost per sq.m. 5 . Gonstruction Cost per unit 6 . Total Construction Cost {25 Units) 7 . Selling Price per Sq. m. 8 . Selling Price per ·unit 9. Total House Sales
,... ~
2 Bedroom 87 sq.m. 25 3 ,200.00 278,400.00
1-6,960,000.00 4,800.00 417,600.00 1 0 ,440,000;00
D. HOUSE AND LOT PACKAGE 1 . Lot Selling Price
426
129,024.00
House Selling Price House & Lot Selling Price 2. Loanable Amount (90% of selling Price) 3. Monthly Amortization (.008333 (.83%) 4. Initial Cash Requirement a. Buyer's Equity ( 1 0% downpayment) b. Miscellaneous Fees 1. Origination Fee (5% of Loan} 2. Filing and Notarial Fee 3 . Water and Electric Meter 4. Occupation Permit 5. Building Perm it 6. Location Plan 7. Prepaid Insurance (1.2% of selling Price) B. Transfer of Title (2% of Selling Price) ·
417,600.00 546,624.00 491 ,961.00 4,099.67 ,
54,662.40
11'24,598.05 1,500.00 900.00 600.00 3,500.00 200.00 6,559.48 10,932.48 48,740.01 ~1 03.452.41
Total Initial Cash Requirement
E. Cash Flow Projection Summary 1. Total Sales- 25 x 546.624.00 2. Project Expenditures
Jl'13,665,600.00
1,400,000.00 b. Pre-Construction Cost (Permits) 25,000.00 c. Construction Expenses 7,800,000.00 1. Site Development ( 840,000.00) 2. House Construction (6,960,000.00) d. HFC Fees 1 . Application Fee 2,500.00 2. Redemption Insurance 1% of P6,000.000 Loan 60,000.00 3. Inspection and Appraisal 0. 75% of Loan 45,000.00 e. Planning and Engineering 7% of Construction Expenses (e) 546,000.00 f. Project Management 2% of Sales (13,665,600.00) 273,312.00 g . Marketing Management 3% of Sales 409,968.00 h. Selling Commission 683,280.00 i. Bank Repayment , ,080,000.00 Interest 24% of 6 Million (9 mos.) .24 X 6,000,000 = fl' 1,440,000 1,440,000 + 1 2 = 1 20,000.00 120,000 X 9 = 1 ,080,000.00 j. Administrative Expenses 2% of Sales· 273,312.00 Total Expenditures Jl' 12, 598,372 .00 Profit Jl' 13,665,600.00 less P 12,598,372.00 or Jl'
a. Lot ACQuisition Cost
1 ,067,228.00
427
F. PROJECT ANALYSIS 1 . PROFIT ABILITY a. Investment 1. Lot Acquisition Cost 2. lnit'1al Cash Requirement
1.400,000.00 827,619.28 ,.. 2,227,619 .28 1,067,228.00
fit
TOTAL
b . Profit
c. Return on Investment ROI
1 ,067,228 .00 2,227,619.30
= 47 .90% per year
2. FINDINGS a. Return on Investment is high at 4 7.80% . per y ear for this kind of project. b. On the House and lot package: 1 . The pac kage is high at ft 546,62 4 .00 and may not be affordable to the area . 2. The selling price of the lot at 1-1 ,600 per square meter is high brought about by a raw land value of P500.00 per square meter which is quite high.
If in case the owner of the land wants to be a partner of the developer and participate in the profit s, this will be called a joint venture .
JOINT VENTURE ANALYSIS PROPOSED FOGGY HEIGHTS SUBDIVISION TOTAL SALES Less: Project Expenditures ...................................................... .. JOINTVENTUREPROFIT
........ ............................... .. ........
,. 13,665 ,600.00 '12,598,372.00 f"
1,06 7,228.00
EQUiTIES · OWNER' S EQUITY: 1. Current value of Land
,. 1.400.000.00
DEVELOPER'S EQU ITY: 1 . Permits (b) ........ ... ......................... . 2 . HFC Fees (d) ................................. . 3. Architectural/Engineering (e) ........... . 4 . Project Management {f) ................... . 5. Marketing Management (g) .............. . 6 . Administra_tive Expenses (j} ............. . TOTAL EQUITIES
,.
25,000 .00 107,500.00 546,000.00 2 73,312.00 409,968.00 273 ,312 .00
1,635,092.00 ,. 3,035 .092.00
SHARING PERCENTAGE : ,. 1,400,000.00 3,035,092.00
1. OWNER
2. DEVELOPER:
p
= 46 . 12% .
1 635 0 2 00 • • ~ · = 53.87% 3 ,0 35,0 2.00
SHARING OF PROFIT
= P 492,312.28 53 .87 % = P 574 ,915.72
1. Owner's Share: P 1,067,228.00 x 46 . 13% 2 . Developer's Share 7' 1,087,228 .00 x
ROI
OWNER: DEVELOPER:
492,312.28
== 35.16 %
1 .400,000.00
574 , 915 · 72 , ,635.092.00
= 35. 16%
429
2.
EXAMPLE OF A DETAILED SUBDIVISION PROJECT FEASIBILITY STUDY (Note - This was done in 1974 when prices were low and is printed only as a reference and guide)
PROJECT STUDY OF THE PROPOSED MEDIUM COST HOUSING PROJECT
PROJECT
Medium Cost Housing Units For Sale To SSS Members
LOCATION
Mountain View Subdivision Sto . Tomas Mt. Road. near Marcos Highway Baguio City
TOTAL PROJECT COST
Jl' 5,381,701.50
INTERIM FINANCE REQUIREMENT
~ 1,500,000.00
PROJECTED SALES INCOME
,. 5,863,224.50
PROGRAM
24 Months
COLLATERAL
The Project
DATE
1974
430
FEASIBILITY OF THE HOUSING CONSTRUCTION
THE HOUSING UNITS:
The Project calls for the construction of 122 medium cost type of houses. The number of units, design types and the area are as follows: Type A (3 SR. W/0 CP) Type B (3 BR. W/0 CPl Type C (2 BR. W!O CP)
62.58 Sq.M. Area 58 ~ 50 Sq. M. Area
·------------·--··----------·----·----·-· ......................................- ..............................................
4 5 . 50 Sq. M . Area
----... --~-------··---------· ·-·- ..------...... ..
T0 TAL
----------------------------------------------------
42 units 41 units 39 units 122 units
HOUSE CONSTRUCTION COST
The construction cost of houses under each plan considering the present prevailing market price of materials and cost of labor was estimated as follows: 6 2. 58 Sq.M. per unit
Type A (3 BR. W/0 CPl ,. 31,000.00 62.58 Sq.M .
58.50 Sq .M. per unit
------------------------------- Jt 29,000.00
= Jt 495.70/Sq.M
Type C (2 SR. W/0 CP) , 22,000.00 45 .50 Sq.M .
Jt 31 ,000.00
= ~ 495.40/Sq .M.
Type B 13 BR. W /0 CP) ,. 29,000.00 58.50 Sq.M.
-----------------------·--------
45.5() Sq.M. per unit
---'--:-:::~~~"- =
------------------·-------------
Jt 22,000.00
P 483.50/Sq.M .
42 Units of Type A @ Jt 31 ,000.00 --------------------------------------·- P 1 ,302,000.00 41 Units of Type B @ P 29,000.00 ------------------------------------------ P 1 , 189,000.00 39 Units of Type C@ Jt 22,000.00 ------------------------------------·-· Jt 859,000.00 122 Units
TOTAL CONSTRUCTION COST
-------
Jt 3, 350,000.00
SELLING PRICE OF HOUSES
The proposed selling price of houses judging from the increase in prices of materials, fuel and cost of labor and a fair return on investment was estimated to be. as follows: Type A (3 BR. W / 0 CPI
,. 37, 548 .00 62.58 Sq.M.
---'-,:=-.:~..=..:..:::.=....
Type B (3 BR. W/0 CPI
6 2. 58 Sq. M ./Unit
---------·----------·--··
,. 3 7, 548.00
= ,. 600.00/Sq.M. 58.50 Sq.M. per unit
·--------·····------------------
Jt 35,100.00
-----------······---------------
,. 27,300.00
,. 35,100.00 :::: ,. 600.00/Sq.M. 58.50 Sq.M . Type C (2 BR . W/0 CPI ,. 27 ,300.00 45.50 Sq.M .
45 .50 Sq.M. pet unit
= ,. 6 00.00/Sq.M . 431
42 Units of Type A @II 37,548.00 -----------------------------------------41 Units of Type B@ !I 35,100.00 ------------------------------------------39 Units of Type C@ P 27,300 .00 -------------•--------------------------122 Units TOTAL CONSTRUCTION GROSS SALES ---------
II 1 . 57 7 .o 16.00 P 1,439,100.00
P 1,064, 700.00 P 4,080,816.00
P' 4,080,816.00 II' 3,350,000.00 Construction Profit Gross ----------------------------- II 730,816.00
Construction Selling at -------------------------------· ·Cost of Actual Construction -------------------------
HOUSE CONSTRUCTION METHOD:
The housing construction will be done simultaneously with the dovelopment completing an average of Seven (71 Units per month. Construction will be under contract on a turn key basis. All works shall be done in accordance with the plans and specification and shall be under the direct engineer.
FEASIBILITY Of THE SUBDIVISiON THE SUBDIVISION
The Subdivision consist of Two parcels of land described as follows: LAC PSD - 135120 with an area of 21,858 Sq.M. LRC PSD - 135120 with an area of 17,21 5 Sq .M. Total Area ------- 39,073 Sq.M. SUBDIVISION OAT AS
The subject when subdivided will appropriate potions intended for area of: Open Space ------------------·-· ·-· --------·----------------· -------------------------Roads ···· ------------·-· ----------------------------------------------------------------· Residentials Total Area
------------------------------------
3,907.30 Sq.M. 5,860.95 Sq .M. 29,304.7 5 Sq.M. 39.073 Sq .M.
SUBDIVISION IMPROVEMENTS:
Asphalt roads of 10, 1 2, and 1 5 meters wide roads Complete concrete curbs and gutters Complete drainage system and concrete manholes Complete with water distribution systems 5. Complete with 1-30,000 gals. water reservoir with 1-deepwell pump and motor. 6. Light distribution system will be provided by the BENECO 1. 2. 3. 4.
COST OF RAW LAND
Cost of Acquisition of land
P 996,361 .50 39,0 73 Sq.M.
------------------------------------------------------------
= P 25
.
SO/S M q. .
COST OF LAND DEVELOPMENT
P 590,000.00 39,073 Sq.M . 43~
=p
1 S.OS/Sq.M.
p 996,361 . 50
COST OF SALEABLE LAND
Cost of _raw land & development -------------------------------------------------Saleable land area ,------------------------------------- 29~304. 75 Sq.M.
(Ill
1 51 6 361 . 50 I
I
pt1 1 516~361.50 = II 51 _75 /Sq .M .
29,304.75
SELLING PR1CE
The proposed selling price per square meter of land based on the prevailing cost of Development and a fair return on the investment as estimated at: 20 Corner Lots - @ II 65.00/Sq.M . ------4 ~ 824.60 Sq.M . 102 Center Lots - @ P 60.00/ Sq.M. ------- 24.480.1 5 Sq.M . T 0 TAL
122 Units
,. 3131599.00 ,. 1.4681809.00 ,. 11782.408.50
291304.75 Sq.M .
Average Selling:
P 1. 782,408.00 29 ,304 . 75 Sq.M.
= I' 60 _82 /Sq.M .
Selling at ------------------------------------------------- ------------------ ------ -Cost oi Saleable land ------------------------·······························-··· Difference
------------------------------------------· -----·····••
'fit 60 .8 2
II 51 . 7 5 P 9 .0 7
SUMMARY
Expected Construction profit ·····---·-····-----·------------ ···-·-- --------- P 7 30 ,81 6.00 Expected Land proflt ------------------------- ------------- --------------------- pt 2 6 6 . 04 7 . 00 House and Lot Total Profit
----------------------------------
P 9 9 6. 863.00
PROJECTED PROFIT AND LOSS SUMMARY PROGRAMMED FOR 24 MONTHS OF OPERATtON PROCEEDS FROM SALES
Lot Gross Sales -----------------------------------------------------------------------House Gross Sales -------------------------.------------------------------------------T 0 T A L SALE S
---------··········--···········--------------
fl 1. 782,408.50 4. 080 .8 1 6. 00
P 5 .863, 2 24.50
PROJECT COST
Payment on Land
-------------------------------------------
Operational Cost Item i (Land Developm~nt) Operatianal Cost Item II (House Construction)
-----------------------------------
-------------------------------
fill 996,361 .50
P 590,000 .00 P 3. 3 4 9. 000.00
Operational Cost Item Ill --------------------------------(General & Administrative Exp.)
P 236,3 40 .00
Interest on Loan
P 210,000.00
--------------------------------------------PR0 FIT
--------------------------------------------------
,. 5,381,701.50 P
48 1, 52 3.00
433
SCHEDULE OF LOAN, INTEREST DUE AND LOAN PAYMENT
MONTH
FINANCING
INTEREST
LOAN
DUE
1 ,5.00,000.00
210,000.00
PRINCIPAL & INTEREST
INTEREST PAYMENT
1 , 710,000.00
210.000.00
LOAN PAYMENT'
BALANCE
1, 500,000.00
1
2 3 4
5 6 7 8 9 10
200,000.00 200,000.00 200,000.00 200,000.00 200,000.00 100,000.00 200,000.00 200,000.00
11
12 13 14 15 16
1,300,000.00 1,, 00,000.00 900.000.00 700,000.00 500,000.00 400,000 .00 200,000.00 200,0 00 .00
17
18 19 20 21
22 23 24 ,. 1,500,000.00
1" , ,500,000.00
" 2 10,000.00
SCHEDULE OF HOUSE AND LOT SALES MONTH START
3rd mo. 4th mo. 5th mo. 6th mo . 7th mo. 8th mo. 9th mo . 10th mo. 11th mo. 12th mo . 13th mo. 14th mo.
434
SALES TURN·OVER
1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 1 '\th 12th
LOT SALES
94, 51 1.00 93,086.00 93,086 .00 93,086 .00 94,690.25 95,759.00 95,759.00 97,542.00 96,829.00 96,829.00 1 '9,690.25 105,562.00
HOUSE SALES
215,8 7 5.00 212,610.00 212,610.00 212.610.00 216,283.00 218 ,731.00 . 218 ,731.00 222,812.00 221,180.00 221 ' 180.00 241 ,283.00 241,176.00
HOUSE AND LOT SALES
310,386.00 305,696.00· 305, 696.00 305,696.00 310,973.25 314,490.00 314,490 .00 320,354.00 318,009.00 318.009 .00 360,973.25 346,490.00
15th mo. 16th mo. 17th mo. 18th mo. 19th mo. 20th mo. 21st mo. 22nd mo. 23rd mo. 24th mo.
13th 14th 15th 16th 17th 18th 19th
TOTAL
95,759.00 93,264.00 97,542.00 83,264.00 93,264.00 93,264.00 39,622.00
218,731.00 213,018.00 222,812.00 213,018.00 213,018.00 213,018.00 132,120.00
314,490.00 306,282.00 320,354.00 306,282.00 306,282.00 306,282.00 171,742.00
,. 1,782,408.50
, 4,080,816.00
p 5,863,224.00
SCHEDULE OF OPERAnONAl COST MONTH
Mobilization 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th 12th 13th 14th 15th 16th 17th 18th 19th 20th 21th 22th
OPERATIONAL OPERATIONAL COST ITEM I COST ITEM II
17,700.00 87.910.00 97,350.00 95,403.00 70,800.00 32,273.00 32,273.00 27,494.00 27.494.00 22,951.00 21,535.00 16,166.00 14,809.00 11,800.00 8,909.00 5,133.00
224,000.00 224,000.00 224,000.00 217,000.00 164,000.00 164.000.00 164,000.00 164.000.00 164,000.00 164,000.00 164,000.00 164.000.00 164,000.00 164,000.00 164,000.00 164,000.00 164,000.00 164,000.00 100,000.00 40,000.00 24,000.00
p 590,000.00
,. 3,349,000.00
OPERATIONAL TOTAL OPERACOST ITEM Ill TIONAL COST
15,340.00 18,000.00 18,000.00 18,000.00 13,000.00 13,000.00 13,000.00 8,000.00 8,000.00 8,000.00 8,000.00 8,000.00 8,000.00 8,000.00 8,000.00 8,000.00 8,000.00 8,000.00 8,000.00 8,000.00 8,000.00 8,000.00 8,000.00 ,. 236,340.00
15,340.00 259,700.00 329,910.00 339,350.00 325,403.00 247,800.00 209,273.00 204,273.00 199,494.00 199,494.00 194,951.00 193,535.00 188,166.00 186,809.00 183,800.00 180,909.00 , 77,133.00 172,000.00 172,000.00 108,000.00 48,000.00 32,000.00 8,000.00 ,. 4,175,340.00 435
OPERAT IONAL COST ITEM I PROJECTED MONTHLY EXPENSES FOR LAND DEVELOPMENT MONTHLY
1 st 2nd 3 rd 4th 5th 6th 7th 8th 9th 1Oth 11th 1 2 th 1 3th 14th 1 5th 1 6th
EXPENSES
.------------------------------------ -- -----------------------------------------------------------------------------·------ ------------------------·-----· · ----------------. -------------- ---------.---.-------------------------------------····-------------------------------- -- ------------ ----------------------------------· ------------------------------------------------- -- --··--. -----------------------. -----. . --.. ------------------------------------------ --------------------· ---· -----·· ---------------·----· ·------·--------------------------------------------. --------------.-.. --------------------------------·-·--------------------------·- -------------------.. ----------------------------------------------- ·-----------------·-------------------------------------- ----···------. --- ·----------·---- -----------.-----
,.
ACCOMPLISHMENT
17 ' 700 .00 87,950.00 97 ,3 50.00 95,403.00 70,800.00 32 ,27 3 .00 32 ,2 73.00 27,494.00 27,494.00 22,951.00 2 1.53 5 .00 16, 166.00 14,8 09.00 . 11 ,800.00 8,909.00 5 , 133.00
,. 590,000.00
TOTAL---- -
3
%
14.90% 16.50% 1 6.17% 12 .00% 5.47% 5.45% 4 .66% 4 .66% 3 .89% 3.65% 2.74% 2 .6 1% 2 .0 0 % 1.5 1% 0 .87% 100
%
OPERATIONAL COST ITEM II PEOJECTED MONTHLY EXPENSES FOR HOUSE CONSTRUCTION MONTH A
1st Const . of 8 Units 2nd Const. of 8 Units 3rd Const. of 8 Units 4th Const. of 8 Units· 5th Canst. of 6 Units 6th Const. of 6 Units 7th Const. of 6 Units 8th Const. of 6 Units 9th Const . of 6 Un its 1Oth Const. of 6 Units 11th Const. of 6 Units 1 2th Const. of 6 Units 13th Const. of 6 Units 14th Const. of 6 Units 1 5th Const. of 6 Units 1 6th Const. of 6 Units 1 7th Const. of 6 Units 1 8th Const. of 6 Units 19th Ca nst. of 6 Units 20th Completion Period 21st Completion Period 22nd Completion Per'1od 23rd Completion Period Total 12'2 Units
436
3 3 3 3 2 2
2 2 2
2 2 2 2 2 2 2 2 2 2
TY p E B
3 3 3
2 2
2 2 2 2 2 2 2 2 2
c 2 2 2 3 2
2
. .... ------.. -·------................................ ........ . . ......... .......................... -......... .............. .. -------
. ........................................ . . ............................ .........
2
................................. -.......... ............................. ............. .................... ..................... .......................................... ............................................. ............................................... ....... . . ............. .....................
2
-------------------
2 2 2
2 2 2
. . . ..................................... 2 ................................... ---2 2 -· ---•.. -- ------~- . . ................ _...... ............ 2 2 2 --------------- ... -------.........................·............. ............. . ....................................
2 2 2 2
.. ---·---·- ·--· ___............... . . ---·------............................................ ....................... ·-----........................ --.... ..................... ---------------------- ...................... . . .... -....
--- --- ~------
,. 224 ,000.00 224,000.00 224,000 .00 217,000.00 164,000.00 1 64 ,000 .00 164,000.00 164,000.00 164,000.00 1 64,000.00 164,000.00 164,000.00 164,000.00 164,000.00 164,000.00 164,000.00 164,000.00 164,000.00 80,000.00 35,000.00 25,000 .00 14,000.00 10,000.00 ~3 . 349,000.00
42 Units of Type" A" @ ,.31 .000.00 ··------------ P'1,302,000.00 41 Units of Type "B" @ P29 .000.00 -·------------- 1 '189,000.00 39 Units of Type "C"@ 1'22.000 00 --------------858,000.00 Total -·····-------------------- P3,349,000.00
OPERATIONAL COST ITEM Ill PROJECTED GENERAL AND ADMINISTRATIVE EXPENSE
Based on 6% of Land Development & house Construction cost
- 3,349,000 590,000 p 3,939,000 MOBILIZATION PERIOD 1st mo.
2nd mo. 3rd mo. 4th mo. 5th mo. 6th mo. 7th mo. 8th mo. 9th mo. 1Oth mo. 11th mo. 12th mo. 13th mo. 14th mo. 15th mo. 16th mo. 17th mo. 18th mo. 19th mo. 20th mo. 21st mo. 22nd mo.
X
6% - pt 236,340.00
-----------------------
15,340.00 18,000.00 , 8,000.00 18,000.00 13,000.00 , 3,000.00 13,000.00 8,000.00 8,000.00 8,000.00 8,000.00 8,000.00 8,000.00 3,000.00 8,000.00 8,000.00 8,000.00 8,000.00 8;000.00 8,000.00 8,000.00 8,000.00 8,000.00 p 236,340.00
P
437
SUMMARY ESTIMATES OF LAND DEVELOPMENT COST LAC PSD 1.35120 LAC PSD 135120 Area
21,858 17,215 39,07 3 sq .m.
DEVELOPMENT COST:
Phase I p 320,000.00
Materiels, Equipments and labor
Add: Contingencies ------------------------------------·· --- .. Engineering Supervision -----------------··------Interest during development ---------------------Contractor's Tax ----·-------------------------------legal , Lie en ses & perm its -------------------------· TOTAL COST ~
590,000.00 3907 3 sq. m.
= fit
30,000.00 40,000 .00 15,000.00 25,000.00 25,000.00
.. 270 ,000 .00 ,. 590,000.00
1 5.09/sq.m. cost of land development
ESTIMATES OF LAND DEVELOPMENT COST 1. PRELIMINARY A. Planning B. Survey
WORK: contract) Staking
tpe r and
3,000.00 8,000.00
11,000.00
2. Clearing, Grubbing and levelling ---------------
147 50 sq.m. 4 .00/sq .m.
59,000.00
3. Roadway &. Drainage Excavation ------------
3,000 cu.m. 7 .50/cu.m.
15,000.00
700 cu.m . 10.00/cu.m.
7,000 .00
835 cu.m. 40.00/cu.m.
33,400.00
4. Excavation for Structures
--------------
5 . Aggregate Basecourse
---
6. Bituminous prime cost ----------------------------7 . Bituminous prime surface course
----·------
7 m .t. 700 .00/m. t.
2,800.00
600 m.t. 1 70.00/m.t.
5,000.00
8. Drainage System A. 12" A.C. pipes 280 L.M. 35.00/L.M. B. 1 5" A.C. pipes 200 L.M. 43.00/L.M. C. 1 8" R.C: pipes 125 L.M. 60.00/L.M. D. 24" A.C. · pipes 90 L.M. 1 00.00/L.M. E. 42" A.C. pipes 80 L.M. 280.00/L.M.
438
9,800.00 8,600.00 7,500.00 9 ,000.00 22,400.00
57,300.00
9. Concrete Curbs and Gutters
···----·-------
200 L.M. 30.00/LM.
10. Comb. Curbs, Inlet and gutters ------------------·--
48,000.00
10 units 550/unit
5,500.00
11 ' Water System A. water supply 300 L.M. @ 1 00 .00/l.M. . dist. system B. well drilling works (per contract) C. one unit deepwell pump "Note: and motor (per contract) Baguio Water Reservoir is a few meters away D. one 30,000 gals, capacity elev . tank TOTAL COST OF MATERIALS EQUIPMENT$ & LABORS
25,000.00
p 320,000.00
HOUSE CONSTRUCTION COST ESTIMATE MATERIALS AND LABOR COMPUTED AT PREVAILING COST
PHASE AND ITEMS OF WORK
1. Layout and Excavati<Jn 2 . Walls and Partitions 3. Roof Framing 4. Roofing Works 5. Ceiling Works 6. Concrete Flooring 7. Kitchen Table 8. Toilet and Tile Work 9. Cabinet Work 10. Doors & Fixtures 11. Windows and Installation 12. Plumbing Fixtures and Rough-In 13. Electrical & Installation 14. Painting 15. Septic Tank 16. House Drain 17. Plans & Supervision TOTAL ESTIMATED COST
DESIGN DESIGN TYPE A TYPE B TYPE C (ft 31 .000.001 (ft 29,000.00) (ft 22,000.00} DESIGN
% 0.40 26.50 7.60 10.5 8.2 5.0 1.4 , .0
124.00 8 ,215.00 2,356.00 3,255.00 2,542.00 1,550.00 434.00 310 .00 806.00 992.00 1,426.00 3,658.00
116.00 7 ,685.00 2,204.00 3,045.00 2,378.00 1,450.00 406.00 290.00 754.00 928.00 1,334.00 3,422.00
88.00 5,830.00 1,672.00 2,310.00 1,804.00 1,100.00 308 .00 220.00 572.00 704.00 1,012.00 2,596.00
~
1,581 .00 1,674.00 1,0&4.00 403.00 620.00
1,479.00 1,566.00 986.00 377.00 580.00
1, 122.00 1,188.00 748.00 286.00 440.00
100%
ft 31 ,000!00
,. 29,000.00
p 22,000.00
2.6 3.2 4.6 11.8 5.1
5.4 3.4 1.3
439
PRICE
Ll S T
BLOCK NO. 1 LOT NO.
LOT AREA
.1 2 3 4 5 6 7 8 9 10 "11
"12 13 14 15 16 17 18 19 20 "21
241.23 . 240.00 240.00 240.00 240.00 240.00 240.00 240.00 240.00 240.00 241.23 241.23 240.00 240.00 240.00 240.00 240.00 240.00 240.00 240.00 241.23 5,044.92 Sq.M.
PRICE SO.M. COST OF LOT 66.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 65.00 65.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 65.00
, 15,679.95 14.400.00 14.400.00 14.400.00 14,400.00 14,400.00 14,400.00 14,400.00 14.400.00 14.400.00 15,679.95 15,679.95 14.400.00 14,400.00 14,400.00 14.400.00 14,400.00 14,400.00 14.400.00 14.400.00 15,679.95
TYPE OF HOUSE
COST OF HOUSE
A 8
p 37.648.00 35,100.00 27,300.00 37.548.00 35,100.00 27,300.00 37,548.00. 35,100.00 27,300.00 37,548.00 35,100.00 27,300.00 37,548.00 35,,00.00 27,300.00 37,548.00 35,100.00 27,300.00 37,548.00 35,100.00 27,300.00
c A B
c A B
c A
a c A B
c A B
c A B
c
TOTAl COST OF HOUSE & LOT ~
53.227.95 49,500.00 41,700.00 51,948.00 49,500.00 41,700.00 51,948.00 49,500.00 41,700.00 51,948.00 50,779.95 42,979.95 51.948.00 49,500.00 41,700.00 51.948.00 49,500.00 41,700.00 51,948.00 49,600.00 42,979.00
A-7 B-7 C-7
BLOCK NO.2 LOT NO.
., 2 3 4 5 6 7 8 9 10
•n •t2 13 14 15 16 17 18
19
440
lOT AREA 241.23 240.00 240.00 240,00 240.00 240.00 240.00 240.00 240.00 240.00 241.00 241.23 240.00 240.00 240.00 240.00 240.00 240.00 240.00
PRICE SO.M. COST OF lOT 65.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 65.00 65.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00
it 15,679.95
14.400.00 14.400.00 14,400.00 14,400.00 14,400.00 14.400.00 14,400.00 14.400.00 14,400.00 15,679.95 16,679.95 14,400.00 14.400.00 14,400.00 14.400.00 14,400.00 14.400.00 14,400.00
TYPE. OF HOUSE
COST OF HOUSE
TOTAl COST OF HOUSE & lOT
A 8
P37,548.00 35,100.00 27,300.00. 37.548.00 35,100.00 27,300.00 37,548.00 35,100.00 27,300.00 37,548.00 35,100.00 27,300.00 37,648.00 35,100.00 27,300.00. 37,548.00 36,100.00 27,300.00 37,648.00
, 53,227.95 49,500.00 41,700.00 51,948.00 49,500.00 41,700.00 51,948.00 49,500.00 41,700.00 51,948.00 60,779.95 42,979.95 51.948.00 49,600.00 41.700.00 51,948.00 49,500.00 41,700.00 51,948.00
c A
8
c A B
c A B
c A
B
c A
8
c A
240.00 240.00 240.00 241.23
20 21 22 "23
60.00 60.00 60.00 65.00
14.400.00 14,400.00 14,400.00 15,679.95
B
c A
B
35,100.00 27.300.00 37,548.00 35,100.00
49,500.00 41,700.00 51,948.00 57,799.95
A-8 B-8
5,524.92 sq.m.
C-7 BLOCK NO. LOT NO. 1
2 3 4
5 6 7
8 9 10 11 *12 •13 14 15 16 17 18 19 20 21 22 23 *24
3
LOT AREA 241.23 240.00 240.00 240.00 240.00 240.00 240.00 240.00 240.00 240.00 240.00 241.23 241.23 240.00 240.00 240.00 240.00 240.00 240.00 240.00 240.00 240.00 240.00 241.23
PRICE SQ.M.
65.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 65.00 65.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 65.00
COST OF LOT
TYPE OF
HOUSE
COST OF HOUSE
TOTAL COST OF HOUSE & LOT
, 15,679.95 14,400.00 14,400.00 14,400.00 14,400.00 14,400.00 14.400.00 14,400.00 14,400.00 14.400.00 14,400.00 15,679.95 15,679.95 14.400.00 14.400.00 14.400.00 14,400.00 14.400.00 14,400.00 14,400.00 14,400.00 14.400.00 14.400.00 15,679.95
A
p 37,548.00
B
35,100.00 27.300.00 37,548.00 35., 00.00 27.300.00 37.548.00 35,100.00 27.300.00 37.548.00 31 '100.00 27.300.00 37.548.00 35,100.00 27.300.00 37.548.00 35,100.00 27,300.00 37.548.00 35.100.00 27,300.00 37.548.00 35,100.00 27,300.00
, 53,227.95 49,500.00 41.700.00 51,948.00 49,500.00 41.700.00 51,948.00 49,500.00 41,700.00 51.948.00 49,500.00 42,979.95 53.227.95 49,500.00 41,700.00 51,948.00 49,500.00 41,700.00 51.948.00 49,500.00 41,700.CO 51,948.00 49.500.00 42,979.95
5,764.92 sq.m.
c A B
c A
B
c A
a c A 8
c A 8
c A B
c A 6
c A·S B-8
C·B
BLOCK NO.4 LOT NO. 1
2 3 4
5 6 7 8
9 10 11
LOT AREA 241.23 240.00 240.00 240.00 240.00 240.00 240.00 240.00 240.00 240.00 240.00
PRICE SQ.M.
COST OF LOT
TYPE OF HOUSE
COST OF HOUSE
TOTAL COST OF HOUSE & LOT
65.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00
,. 15,679.95
A
14,400.00 14.400.00 14.400.00 14.400.00 14.400.00 14,400.00 14,400.00 14,400.00 14,400.00 14,400.00
B
,. 37,548.00 35,100.00 27,300.00 37,648.00 35,100.00 27.300.00 37,548.00 35,100.00 27,300.00 37,548.00 35,100.00
,. 53.227.95 49,500.00 41,700.00 5\,948.00 49,500.00 41,700.00 51,948.00 49,500.00 41,700.00 51,948.00 49,500.00
c A B
c A B
c A B
441
12
13 14 15 16 17 18
19 20 21 22 23 24 25 26 27
•2a
240.00 241.23 241.23 240,00 240.00 240.00 240.00 240.00 240.00 240.00 240.00 240.00 240.00 240.00 240.00 240.00 241.23
60.00 65.00 65.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 65.00
14,400.00 15,679.95 15,679.95 14.400.00 14,400.00 14.400.00 14,400.00 14.400.00 14,400.00 14,400.00 14.400.00 14.400.00 ' 4.400.00 14,400.00 14.400.00 14.400.00 15,679.95
6,724.92 sq.m.
c A B
c A 8
c A B
c A B
c A B
c A
27. 300.00 37,548.00 35,100.00 27,300.00 37,548.00 35,100.00 27,300.00 37,548.00 35,100.00 27,300.00 37,548.00 35,100.00 27,300.00 37,548.00 35,100.00 27,300.00 37,548.00
41 ,700.00 53,227.95 50,779.95 41 ,700.00 51,948.00 49,500.00 41,700.00 51,948.00 49,500.00 41,700.00 51,948.00 49,500 .00 41,700.00 51,948.00 49,500.00 41.700.00 53.227.95
A·10 8-9 C-9
BLOCK NO.5 LOT NO.
.
1 2 3 4 5 6 7
8 9 10 11 12 . 13 •1 4 15 16 17 18 19 20 21 22 23 24 25
·ze
LOT AREA 241.23 240.00 240.00 240.00 249.00 240.00 240.00 240.00 240.00 240.00 240.00 240.00 241.23 241.23 240.00 240.00 240.00 240.00 240.00 240.00 240.00 240.00 240.00 240.00 240.00 241.38 6,245.07 aq.m.
PRICE SQ.M. 65.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 65.00 65 .00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 65.00
COST OF LOT ~
15,670.95 14.400.00 14,400 .00 14,400.00 14.400.00 14,400.00 14,400.00 14,400.00 14,400.00 14,400.00 14,400.00 14,400.00 15,679.95 15.679.95 14.400.00 14,400.00 14.400.00 14.400.00 14,400.00 14.400.00 14.400.00 14.400.00 14,40o.oq 14,400.00 14,400.00 16,689 .70
TYPE OF HOUSE
COST OF HOUSE
TOTAL COST Of HOUSE & LOT
A
, 37.548.00 35,100.00 27,300.00 37,548.00 35,100.00 27,300.00 37,548.00 35,100.00 27,300.00 37,548.00 35,500.00 27,300.00 37,548.00 35,100.00 27.300.00 37,548.00 35,100.00 27,300.00 37,548.00 35,100.00 27,300.00 37,548.00 35,100.00 27,300.00 37,548.00 35,300.00
, 53,227.95 49,500.00 41,700.00 51,948.00 49,500.00 41,700.00 51,948.00 49,500.00 4 1,700.00 51,948.00 49,500.00 41,700.00 53,227.95 50,779 .95 41,700.00 51,948.00 49,500.00 41,700.00 51,948 .00 49,500.00 41,700.00 51,948 .00 49,500.00 41,700.00 51,948.00 50,989.70
B
c A B
c A B
c A
B
c A B
c A B
c A B
c A
B
c A
B A-9
B-9 C-8
44.::!.
HOUSiNG PROJECT For Financing Requirements
I. CORPORATION: 1.
S~C registration of the corporation and its allied related papers covering the organization of officers, financial status and By-laws.
2. Tax clearance of corporation and incorporators. 11. LAND OWNERSHIP:
1 . Proofs of absolute ownership and/or exclusive rights over the parcel or parcels of land covered by certification of ownership. 2 . Registered Joint-Venture Agreement of land owner and the Corporation DP-veloper.
Ill. SUBDIVISION PLAN AND VICINITY MAP:
1. Vicinity map showing t!1e location of the property.
2. Subdivision plan as prepared by a Licensed Geodetic Engineer , 3. Certified Municipal Council approval of the subdivision. 4 . Certified National P1a<ming Commission -a pprovai of the subdivision .
5. Certified copies of Land Registration Commission approval of subdivision. 6. Titling of subdivision individual lots for mortgage purposes. IV. APflLICANT·BUYERS: Pre-screened qualified GSIS members (preferably Home Owners Association Members} who have already signified their intention to buy a house and lot.
v.
THE PROJECT STUDY: 1 . Summary of the Project
2. Projected Development Cost
3. Projected House Construction Cost 4. Schedules of:
al Operational Cost b) Land Payments c) loan , Interest Due and Loan Payments d) Proceeds from House and Lot Sales
5. Projected Profit and Loss Summar, 6. Projected Cash Flow
7. Schedule of House and Lot Sales B. Time Schedule, Cost of land Development and House Construction .
9. Schedule of Turn-over 1 0 . Economic Feasibility
11 . Technical Feasibility 1 2. Financial FeasibUity
{please see continuation on page 446)
443
,
FORMAT OF A
SOURCES
l· 110NTH
IF . --
\ CASH
BEGINNING
=+--
FRO~
1,000~·~-!--
I
"
3
!50,461.00
!
4
I _202,432.00
.
.
-
TOTAL
i
LA~_l_E--+--
-~------+--
....~ ---
460,!52900
I!
.,
FINANCING :PRO.C EEOS ; FUN OS 1 LOAN I SALES : A VAl
·.
L .._ _, ---~---L-...... _ __2
-
- ·
-
---
,
-
,
~
··- -
!
_ _________RO.JECTED _ -- .. -
- ..
·
SAM P L E
; 1,000,000.00
!
: 46'?!.~9.00
I
i 666,869.00 : 71~,330.00---+ _ __,..
L. 666~9.00
i ~69,30l.OO__.L
t- ~:::- =- 1-=:~~:::: t-
t i
__ ..
. ... _
87
-
544,838.00
-
Hi
~-- ~7
f,---- 18
170,a58.00 i
..
272,244.00
t f- - -·--·· -·
+--_122,'746~ -322;287.00
i
~ - - ~- -+-_!4~·~.00
l
--
··
I I
543,756.00
I ~3,47e.oo--+-
:::==t
--
I· 781,3~.00 I
543,7!56~ 841,722.00
5~3."7!56.0~_1_ 816,0~0.00
!143,7!56.00
!.__,,
530,257.00
' 19 L - - --
;
'
--·-~ --!143,756~- 713,~J4·00 -+-
200,1158.00 I
I
~~4,ol!5.oo
--·l li:l4,
I
·-;- . _
. - ---
297,966~~~-+- - _ _ _
14
543,756~088,5~00
I ;·::: t
2~~00
237,602.00
!
l,... _
:
: :: : -
-~- 13
f
.. . '
-+--471 .~.oo
~~: ~21__ ~. 1 I
...
... -, ~.o;~.oo
'_·_;:: I;--; I
~ 1 ~-
+•
+-
I ~~o.oo -- .:4,2111.00
i
543,756,00 ~ ~86~~·00 __J_ 543,756.00 \ 1,074,013.00
~·-
i ·-
. .~
75~.00
+-
m.:~279.00
?'1,000,000.00 ¥10,2&9.540.00 NOTEt Thlt le a projected ca1h flow from another project, but the format fa tbt tame for the Medium Colt Housing Unite dl.ussed In No.2 444
CASH
-~-----·-APPLI-cAT-IoNs
LAND PAYMENT --+- ----··-~
-·· ··-
tOO,ooo .oo
I! ! i
TOTAh,
!
100,000.00 -····- -
CASH TOTAL APPLICATIONS BALAIICE ENO
PAYMENTS
I
I
. ..
· -- -~ ..
LOAN
I
439,471.00 1
--·---·. · , -···
~
I
I 539,471.00 - ··· --
·- - -
I
--l. ~---·-
1
OPE!fli NAt!
:
w
FLO
410,088.00
~.461.00
51<4,898.00
202,432.00
___ 40S,416.00
463,~.00
410,068.00
4f4,198.00
·------ -r 408,418.00 ;
'
I
-· _____........____
'
166,780.00
_.
460,:52:900
572,168.00
419,083.00 ; 200,000.00 . 619,0S3.00
---!- --
- -- --
- --+-----····-·'-"··--··
417,131 .00
~
200,000.00
817,131.00
471,463.00
433,298.00
20<>.-~~ - ~!~~~
433,298.00
200,000.00
e3.ae.oo
200,00000
~,30e.OO
······-
-···-··· ..--····
4!50,!0!5.00
544,838.00
--=-------"---~-----t
i
··---···. ··- · · - - - ----··· ···-
392,180~--i
312,897.00 1 - ------'-- -----J I
~00
!
_L ____... -
~
'
--
. ... · ·----~,3()S.OO .......___140 ----=-,000. __oo _
-· - -··- - ····-··--·
_ l_ ________ _
_
~90,30S.Q9 _: ___170,~00-i
476,212.00
237.602.00
. 483,392.00
! ~
9MJJ02.00
1 3 . Housing Project Layout Plans
14. House Design Types
15. Housing Construction Plans , Specification and Estimates. 1 6. Subdivision Development Plans at Specifications 1 7. House and Lot Price List
VI FINANCING SYSTEMS:
1 . Financing ~ommitments of GSIS to earmark and s~t aside an amount corresponding to the total housing finance to be extended to its qualified members by way of loan and other forms of credit accomodations for the purpose of buying houses and lots to the Corporation.
2. GSIS terms and conditions 3. Financing assistance from local lending institution in forms of loan to finance the Land Development and the construction of housing units. 4. Financiers terms and conditions. VII. UQUIDATION OF THE LOAN: 1 . Guarantee payments of the GSiS to local bank financiers to release mortgaged individual lot titles and its improvements sold.
2. Payments to local bank financiers will be made from the proceeds of the house and lot sales proceed correspondirg to its mortgaged value involved for redemption plus its accrued interest, etc.
446
Specification Writing 1. GENERAl Specifications, as one of the Contract Docui"J'lents, deserve as much care and attention as working drawings. They should be clear, concise and accurate in their wording. Specifica· t ions should not duplicate the information given on the drawings, (information that can be most clearly shown by drawings) but should deal with all other needed information with as few well-chosen words as necessary for complete understanding. One problem, which must be faced by the specification writer is that of providing for effective competition between producers. For the general contractor (and separate contractors) competition may be provided by the bidding process, and these contractors will promote competition between subcontractors and suppliers whenever the specifications permit it. When specifications designate a product which can be furnished by only one producer or dealer, however, no competition is provided and the cost of the product may be higher than it would otherwise be . If two or more designated products would serve equally well, the contractor should be given the choice: For major items the contractors may be required to submit alternate bids.
The words "or equal" should never be used, since doing.so postpones the time of decision, and encourages the expression of differing opinions of comparative qualities. The resulting uncertainty causes bidders to protect themselves by bidding high enough to pay· for the most expensive item they might be required to furnish, and then seek approval of a cheaper one .
2. PROCEDURE: The specifications should be started in the form of a construction outline and equipment outline tor outline specifications) to accompany the schematic drawings, and be further developed as preliminary specifications to accompany later design drawings. Thus, deci· sions, made tentatively at first, become firm if not changed; the client is given time to consider before approving important decisions; and data for preliminary estimates are made ava\lable. Since the preliminary specifications may not have been prepared by the specification writer, end he may not have followed later developments, a review ofthe working drawings and notations of decisions is in order. This may uncover the need for additional decisions, regarding selection of materials or methods of construction or the choice of equipment. Pt-oceed from this point as follows: 1 ) Prepare a list of all sections 2) Write scope of the work for each section. 3) Coordinate "Scopes" to make sure that everything is included . 4) Prepare specification brief (or "dummy ") The following shall be covered in the scope of the work when applicable:
1. MateriaJ and labor included under this section. 2. Material required to be furnished under this section to be installed by others (Indicate who) 3. Material furnished by others (Indicate who) to be installed under this section. 4. Wor.k shown on the drawings not included under this section. 5. Work shown on the drawings not included under the contract.
448
3. CONFLICTS BETWEEN SPECIFICATIONS AND DRAWINGS The General Provisions of the contract states that "Anything mentioned in the specifications, and not shown in the drawings, or shown on the drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both. In case of difference ·between drawings and specifications, the specification shall govern. In case of discrepancy either in f igures, in the drawings or in the specifications, the matter shall be promptly submitted to the contracting officer. who shall promptly make a determination in writing.
4. FORM, SENTENCES, GRAMMAR If, in the wording of specifications, complete sentences are used, many repititions of the words "Architect". "contractor", "owner", "shall be" and "will be" are necessary. The accepted rule, is to use the words "shall" and "will" with proper
b. CORRECT GRAMMAR The tense of the subject and that of the verb must always agree plural verbs should not be used with singular subjects nor vice versa. CORRECT: ONE of the elongated Central fasteners is to be placed around the eye of the panel and bolted. INCORRECT: One of the elongated fasteners are to be placed around the eye of the panel and bolted. BETTER: Bolt one of the elongated fasteners to the eye of the paneL The rules of good grammar require parallel construction. The use of identical style in both parts of a compound subject or predicate, or the use of identical style in a string of prepositional phrases modifying the same noun. INCORRECT: Heating, ventilation, and Air-Conditioning CORRECT: Heating, ventilating, and Air Conditioning. INCORRECT: Tests shall be performed to determine strength and the qua$ity shall be established. CORRECT: Tests shall be performed to determine strength and to established quality.
449
BETTER: Perform tests to determine strength and to establish quality. c . Avoid words having varied or indefinite meanings 00 NOT SAY: " T he equipment shall be removed and replaced as indicated. " SAY: " Remove equipment during the alteration thereof and reinst all after .completion." DO NOT SAY: "The existing culverts shall be replaced as indicated on the drawings." SAY: ·'Remove existing culverts and reinstall in the new location .' ' d . "PROVIDE" Is defined in the general provisions as "Furnish and install". When material and/or equipment are only to be furnished by the contractor, t he term ''furnish'' should be used, and when material and/or equipment are only to be installed by the contractor the term "instaU" should be used; however the contractor may be required to "provide" foundations, fastenings, etc., for the installation. If the word " install" is us• ed alone, the bidder or contractor has a right to assume, on the basis of the definition cited, that the government (if public) or the owner (if private) will " furnish" the material in question. Therefore define what is to be provided by the contractor to complete such an installation.
THREE-PART SECTION FORMAT . The section provides for recognition of a basic unit of work. The cont ent of a section must indicate clearly all that is necessary to know about that basic unit of work. With a three-part section format the function of each part can be described briefly as follows :
1 . Part one covers those general areas of concern which precede and follow the work. and which define the scope of the work. 2 . Part two defines in detail the mat erials, equipment, systems, fixtures, etc., which will be incorporated into the work . 3 . Part three describes in detail the manner in which items covered by part two are t o be incorporated into the work.
INTERNAL NUMBERING The basic scheme of alternating numbers and lettsrs is recommended in lieu of an allnumber scheme. (2,2 .1, 2 . 1 . 1. 2 . 1.1.1 ). The contrast between number and letter contributes to visual acquity and comprehension. The contrast further contributes to the men· tal establishment and retention·of levels of emphasis or rank of the paragraph. The recommended method of numbering the internal elements of the section paragraph is: 1 .01 PARAGRAPH TITlE
a. Subparagraph 1 . Subparagraph a) subparagraph numbering systems within the Section alternat e numbers and letters and various paragraphs and subparagraphs should be indented accordingly. Outline of the ThrM-Part Section Format The outtlne presented hefeln end paragraph titles have been made n comprehensive as possible Including molt Items utilized In current specifications practice. Thla provides a framework for ttt. location of th... lteme, If the specifier wishes to Include them. However, ln some caMs, lnduslon of tbeaa ttern. In apeclflcatlana Ia contrary to principles of the CSI Manual of Prsctice and their appearance in this report does not constitute an endorsement of their use.
450
Part 2 : Products
Part 1 : General Scope Description of Systems Requirements of Regulatory Agencies Qualifications Submittals Mock-Up Product Handling Environmental Conditions Protection Operating Instructions Extra Stock Alternates Measurement and Payment
Materials Mixes Equipment Fabrication Source Quality Control
Part 3: Execution Condition of Surfaces Preparation Installation Field Quality Control Adjusting Patching Cleaning Schedules
Suggested Grouplnp of Par8grapha PART 1 : GENERAL Scope
Where a scope paragraph is used, it should be at the beginning of part one. See Scope Paragraphs in Specifictltions Sections [Ref. 11 l which cautions against its inclusion. This also applies to related paragraphs such as: Related Work Specified Elsewhere Furnished by Others Furnished But Not Installed Not Furnished But Installed Furnished by Owner Description of Systems This location for grouping paragraphs is recommended mainly for sections where eng ineers often describe systems with such paragraph titles as : Water Supply System Cold Water System Hot Water System Chilled Water System Storm Water Drainage System Soil and Waste Drainage System Heating System Cooling System Control System Fire Protection System Electrical Distribution System Wiring System Motor Wiring System Telephone System Call System Lightning Protection System Time Clock System Fire Detection System Loud Speaker System Burglar Alarm System
451
TV and. Radio System Outside Lightning System and where architects may describe such systems as: Conveyor System Passenger Elevator System Freight Elevator System Integrated Ceiling System Floor Decking System Curtain Wall System Panel Wall System Requirements of Regulatory Agencies At this point it is recommended paragraphs be grouped with such titles as : Permits Codes Ordinances U.L. Regulations Tests by Agencies Design Conditions Qualifications Should there be in a section qualification requirement paragraphs, they may be grouped here w ith such titles as: Qualification Qualification Qualification Qualification Qualification
of of of of of
Manufacturer Applicators Welders Erectors Testing Agency
Submittals Many specification sections require submittals and this location is recommended for paragraphs such as the following: Time and Sequence Schedules Shop Drawings Samples Manufacturer's Literature Lists Parts List Certificates Guarantees {when over 1 year) Bonds (such as roofing bonds! Mock·up Mock-up is defined in Webster's Dictionary as "a full-sized structural model built accurately to scale chiefly for study, testing or display." Thus, under such a heading would occur such paragraphs as follows: Sample Panels Models Window Assembly Door Assembly Curtain Wall Assembly Panel Wall Assembly Integrated Ceiling Assembly
452
Product Handling At this location it is recommended to place paragraphs with such titles as: Delivery of Materials Delivery of Equipment Delivery of Fixtures Storage of M aterial Storage of Equi pment Storage of Fixtures Handling M aterials Handling Equipment Handling Fi xtures Crating Environmental Conditions For certain types of materials, it is necessary to specify proper environmental conditions for application by reference to: Temperature Humidity Lighting Ventitlation Protection There are sometimes paragraphs related to protection. It is recommended they be located here. They include such paragraphs as: Drop Cloths Removal of Hardware Removal of Aammable Rubbish Smoking Operating lnstnJCtions For mechanical and electrical systems there is often a paragraph requiring operating instructions to be given to the building engineer and his representatives and the time limit established for these instructions . Here is the position recommended for such a paragraph.
Extra Stock Some sections of specifications require that extra stock be furnished to the owner. Typical paragraphs are entitled : Spare Parts Extra Tile Extra Wall Covering Resilient Flooring Extra Brick Tools Maintenance Matertels Alternates If alternates involve a section it is advisable to add a paragraph even if it only states, "Alternates affect the scope of work in this section; see Section 01 70 entitled Alternates.
453
Measurement and Payment Architectural specifications rarely include paragraphs covering Measurements and Payments but civil engineering specifications often do. It is preferable that this information be discussed in the general conditions and· defined by the proposal form . It is properly a contractual-legal matter. However, if the specifier elects to include it in the section, it should be placed at the end of part one .
PART 2: PRODUCTS Materials The first group of paragraphs under part two should be those describing in detail all materials to be furnished for work within the section ..Literally hundreds of example titles could be given , Mixes Many materials before they can be used in the structure have to be mixed together in certain proportions. Paragraphs describing these mixes should follow the group of paragraphs describing the materials themselves. Whether the mix ing is done at the job site or not it was agreed to locate them under part two for two reasons: 1. There is a tendency more and more to mix materials off site. 2. Mixing is , in effect, a manufacturing process preparing
Examples of paragraph titles used are: Plaster Mixes Concrete Mixes Asphalt Binder Mix
materi.als for
use.
Asphalt Topping Mix Terrazzo M ixes
Equipment Products are not always materials, they are often equipment, fixtures, or devices particularly in sectionf? under Divisions 10, 11 , 13, 14, 15 and 16 . The position of this group of paragraphs is also under Part 2: Products.
Fabrication Many products are not ready for use fabrication requirements should be grouped Fabrication of Structural Steel Fabrication of Reinforcing Steel Fabrication of Doors
until they ar~ fabricated. Paragraphs describing in this location. Paragraphs such as: Fabrication of Windows Fabrication of Toilet Partitions
Source Quality Control When tests are made of products at the plant, mill, shop or factory paragraphs describing them should occur at the last of part two. Such paragraphs are : Mill Tests Factory Tests
Plant Tests Shop Tests
PART3: EXECUTION Condition of Surfaces In many sections such as the. ones on painting, roofing, vinyl wall covering, resilient flooring, and acoustic treatment, a paragraph is int roduced requiring inspection of surfaces to receive materials. Such a 6tatement might be "prior to the work of this section ." It must be ascertained that preceding work has been adequately performed to permit compliance with the quality required by this section . See CSI Doc . 005 and 010 {Refs. 12 and 111
454
Preparation When surfaces are required to be prepared to receive materials under the section this is the recommended position for paragraphs with titles such as: Fine Grading (to receive base course of pavement). Treatment of Formwortt Ito receive concrete). Treatment of Gatvanized Surfaces (to receive paint) . Treatment of Wood Surfaces (to receive paint)
lnstatlation Installation is recommended as the next grouping of paragraph such as: Placing Concrete Laying Brick Framing Floors But the related word application may be better to use for paragraphs such as: Application of Roofing Application of Paint Application of Vmyt Wall Covering which can be used as subparagraphs under "Installation". Or the related word workm1mship may be better to use for paragraphs such as:
Clearing Site General Excavation Footing Excavation Rough Grading Or the related word erection may be better to use for paragraphs such as: Erection of Structural Steel Erection of Bar Joists Erection of Trusses However, these may be subparagraphs under "Installation" . Field Quality Control It is recommended that paragraphs calling for tests at the site or for materials taken from the site for testing should be located in part three. Paragraph titles such as: . Soil Compaction Tests A ir Content Tests Pile load Tests Moisture Content Tests Concrete Compression Tests Plumbing System Tests Concrete Slump Tests Heating System Tests Adjusting There are paragraphs covering adjusting particularly in sections under Division Nos. 1 4, 15, and 16, Conveyors, Mechanical, and Electrical. It is recommended these requirements be located just before Patching and Cleaning.
Patching Patching andfor repair of defects is often required under such sections as Concrete and Plasterin9. It is recommended these paragraphs be located here near the end of part three. Touch up of damaged surfaces should be included here.
Cleaning If more thaR broomclesn, as usually established by the general conditions is required in a section, it is recommended such a paragraph .should be located here. Some specification writers with the encouragement of contractors and subcontractors are writing a separate section on cleaning to enable the contractor to sublet it to a janitorial _services organization , and can be included under Division 1, General Requirements, Section on Cleaning Up.
455·
Schedules Frequently, schedules are placed within the specifications rather than on the drawings. Since the schedules are subiect to change until the construction documents are released, it is expedient that they be the last item in the section . Such a schedule must be referenced in the appropriate area of the specifications. An example would be a hardware schedule, which would be referenced under "Part 2: Products ." Other examples are: Accessories Schedule Hardware Schedule Painting Schedule Plumbing Fixture· Schedule Mechanical Equipment Schedule Lighting Fixture Schedule SECTION 08800 GLAZ\NG PART 1 - GENERAL 1.1 APPLICABLE PUBLICATIONS: The publications listed below form a part of this specificatton to the extent referenced. The publications are referred to ln the text by the basic designation only .
1. 1.1 Federal Specifications (Fed. Spec.): DD-G-451 D
Glass, Float or Plate, Sheet, Agured, (Rat, for Glazing, (Mirrors and Other Uses)
TT -G-4 1 OE & Am 1
Glazing Compound, Sash (Metall .For Back Bedding and Face Glazing (Not for Channel or Stop Glazing)
1.1.2 American Society for Testing and Materials (ASTMJ Publications: Etastromeric Joint Sealants . 1.1.3 Natlonat Fire Protection Association (NFPA) Publication:
80-81
Fire Doors and Windows
1 .1.4 Flat Glass Marketing Association (FGMA) Publlcatlona: 1980
Glazing Manual
1.2 SUBMITTALS:
1.2. 1 Shop Drawings: Show compfete details of setting methods and materials for each type of glazing material specified. 1.2.2 Manufacturer's Data: Include glass manufacturer's recommendations for setting and sealing materials for installation of each type of glazing material specified. 1.2.3 Samples: Two, 10-inch square, factory labeled, for each of t he following. a. Wire glass - showing mesh configuration and thickness of glass 1.2.4 Certificates of Compliance: Certify or label each product to indicate that materials meet specified requirements
1.3
45()
DELIVERY AND STORAGE: Deliver products to the site in unopened containers, labeled plainly with manufacturers' names and brands. Store glass and setting materials in safe, dry locations and do not unpack until needed for installation. Handle and install materials in a manner that will protect them from damage.
1 .4 ENVIRONMENTAl CONDITIONS: Do not start glazing work until the outdoor temperature is above 40 degrees F and rising unless approved provisions are made to warm the glass and rabbet surfaces. Provide sufficient ventilation to prevent condensation of moisture on glazing work during installation. Do not perform glazing w ork during damp or rainy weather .
PART 2 - PRODUCTS 2.1 GLASS: Fed. Spec. DD-G-451, unless specified otherwise. 2.1 .1 Primary Glass: Type I, Class 1 (clear), Quality q4 (A). Use double-strength sheet glass or 1/8-inch float glass. Provide for both lights of double-hung sash, both lights of sliding sash except locker room window s in 01 area which shall have primary glass in inboard light only. 2.1 . 2 Wire Glass; Clear. polished both sides, 1/ 4 inch thick . square wire. Provide for outboard light of fixed window and vision panefs in doors as indicated. 2.1.3 Figured Glass: Type II, Class 1 (translucenti, Form 3 (figured}, Quality of 7 (decorative). Finish f1 (figured one side). Pattern pi ;linear), 1/8-inch thick. Provide in outboard lights of sliding sash of locke r room windows in 01 area . 2.2 GLAZING MATERIALS 2.2 .1 Glazing Compound : Fed. Spec. TT-G-4 10. Use for face glazing metal sash as in· dicated on the drawings. 2.2 .2 Elastomeric Sealant : ASTM C 920, TypeS or M. Grade NS, Class 12.5, Use NT. Use for channel or stop glazing metal sash. Sealant shall be chem ically compati ble with setting blocks, edge blocks and sealing tapes . Color of sealant shall be white. 2.3.3 Sealing Tapes: Performed, semisolid, polymeric·based mater;al of proper size and compressibility for the particular condition as indicated on the drawings. Provide spacer shims for use with compressible tapes. 2.2 .4 Setting Blocks and Edge Blocks : Lead. or neoprene of 70 to 90 Shore "A" durometer hardness. chemically compatib le w ith sealants used . and of sizes recommended by the glass manufacturer . 2 .2. 5 Accessories: As reQuired to provide a complete installation, including clips. shims, tape and spacer strips. Provide non-corroding metal accessories. Provide primersealers and cleaners as recommended by the glass and sealant manufacturer. PART 3 - INSTALLATION 3 .1 PRECAUTIONS AND PROCEDURES: Determine the sizes to provide the required edge clearances by measuring the actual opening to receive the glass. leave all labels in place until the installation is approved. Securely fix movable items or keep in closed and locked position until glazing compound has thoroughly set. 3.2 GLASS SETTING: Items to be glazed shall be either shop or field glazed using glass of the quality and thickness specified or indicated . Preparation and glazing, unless otherwise specified or approved, shall conform to applicable recommendations in the FGMA Glazing Manual. Aluminum windows, may be glazed in conformance with one of the glazing methods described in the standards which they are produced and as indicated on the drawings. Handle and install glazing materials in accordance with the manufacturer's instructions. Use stops which are furnished with the to be glazed to secure the glass in place. 3.2.1 Sheet Glass : Cut and set with the visible lines or waves horizontal.
457
3.2.2 Wire Glass: Install glass for fir~ doors In accordance with installation requirements of NFPA 80. 3.2.3 Figured Glasa: Set glass with smooth surface on the weather side. 3.3 CLEANING: Thoroughty clean gtass surfaces and remove labels, paint, apots, putty, and other defacement. Glass shall be ctean at the time the work is accepted.
SECTION 0916- PLASTERING P~RT
1: GENERAL
1 ~01
S C0 PE:
a. Related Work Specified Elsewhere 1. 2. 3. 4. 5. 6.
Furring and· Lathing; Section 0911 . Piaster and Fireproofing; Section 0916.1. Solid Plaster Partitions; Section 0914. Acoustical Piaster; Section 091 8. Orywal\ Construction; Section 0918. Piastering Accessories; Section 0915.
PART 2: PRODUCTS 2~01
MATERIALS a. t1ydrated Ltme: ASTM C 206·49, if required by manuTacturer, lime shall be allowed to soak for 2 4 hours before use. If necessary to obtqin a fine textured putty, mix lime with water and screen through a sieve. b. Gypsum Plaster: ASTM C 28~66 . c. Sand: ASTM C 35~6 7. d. Portland Cement: ASTM C 150· 67, type 1. e. Vermiculite: ASTM C 35·67 f. Water shall be clean and free from deleterious substances. g. Temporary grounda shall be provided, 5/8 inch thick for masonry aurfaces and % inch thick for metal lath surfaces.
2·02 MIXES: . a. Gypeum Ptaater shall be mixed as follows by volume (one 1 00-lb . bag equals .1 part gypsum plaster, and 7 No. 2 shovelful equal to 1 part damp loose sand}: 1. Sonrtch Coat I 1st coat), on surfaces not otherwise specified : 1 part gypsum neat plaster (fiber or unfibered) 2 parts sand 2.
a••• Coat for two·coat work: 1 part gypsum neat plaster 2 ~ parts sand
3. Brown Coat (2nd coat) for three·coat work and Scratch Coat on masonry: 1 part neat gypsum neat plaster 3 parts sand 4. Anleh Coat shall be lime putty and gypsum plaster applied to brown coat, by volume: 3 parts lime 1 part gypsum gauging plaster
458
b.
Porttand Cement Plaster and Stucco: All three coats shall be mixed by volume as follows: 1 part portland cement 3 parts sand % part lime putty for cement plaster and 111 0 part for stucco For scratch coat on metal lath, 1 lb. of hair or fiber shall be added per sack of cement.
c. Gypsum VarmJcutlte Plaster shall be mixed as follows: 1. Scratch Coat t1st coat) on surfaces not otherwise specified: 100 lbs. of gypsum fibered plaster 2 cu. ft. of vermiculite 2. Brown Coat (2nd coat) in alt three-coat work and scratch coat on masonry sur· faces: 100 lbs. of gypsum fibered plaster 3 cu. ft. of vermiculite
3. flnlsh COat shall be lime putty and gypsum p.aster smooth hard finish. PART 3: EXECUTION
3-01 INSTALLATION: a. Application of Gypsum Pleater. shall be to surfaces where Finish Schedule calls for "Plaster", Scratch coat and brown coat shall be applied to ceilings where Finish Schedule cans for ''Acoustlcal Plaster' • to serve as base to receive the sprayed on acoustical plaster. Apply gypsum plaster in three coats. Brown coat may be applied over scratch coat before it has hardened when applied ovec: rigid base. 1. Scratch Coat: Apply with sufficient force and material to form good full keys or bond. Allow to harden then scratch to produce a rough surface. 2. Brown Coat: Apply over scratch coat and rod darbv to produce true plane surfaces flush with grounds leave brown coat rough, ready to receive finish coat. 3. Finish Coat: Do not apply until brown coat is thoroughly dry. Dampen surface brown coat before applying finish. Apply finish to cover brown coat completely with no noticeable joints or ridges, allow finish to draw for a few minutes, then steel troweled to a smooth, hard, even surface.
a
b. Application of Cement Plaster of Stucco shall be in two coats back of the wainscotings and three coats for stucco work on outside of building and in smoke towers.
1. Scr•tch Coat: Apply with sufficient force and material to form full
k~ye
or bond.
Crou scratch as soon as scratch coat has attained its initial set, and apply brown coat as soon as practicable. 2.
.-own Coat: Scratch or broom for bond of finish coat and allow to set hard. Keep brown coat moist·until finish coat is applied.
3. FlnWt eo.t: Bring to true, even surfaces with rods derbies and trowel smooth, teavtng finished surface free from tool marks and blemishes. Keep cement plaster moist for at least 3 days and protect against rapid drying until cur~.
c. c.m.nt ....._. 1-1/2 Inches thick, shan be provided for secondary beams where they pass through the Smoke Shaft under the Passageways. Over the lath apply cement plaster In three coats giving the last coat a sand float finish. d. ~of Gypeum·Vermk:ulta Pinter to surfaces where finish schedule calls for gypsum·vermicullte plaster shaU be the same as specified above for Gypsum Plaster. Gypsum-vermiculite plaster may be substituted, at Contractor's option, for gypsum plaster scratch and brown coats.
3·02 PATCHtNG: a. Patch plaster fol\owing work of other trades.
SUBJECT
SPE C IF ICAT IONS
OWNER
MR. and MRS. JOHNNY BALANGCOO
ADDRESS
NO. 69 CLAMOR STREET SUY AT GARDENS, BAGUIO CITY
PROJECT
TWO-STOREY RESIDENCE
LOCATION
NO. 2 ASSUMPTION ROAD BAGUIO CITY
A RCHITECT LICENSE NO. PT R ADDRESS
GEORGES. SALVAN 1939 NO. 30 MABIN! STREET BAGUIO CITY
OUTLINE SPECIFICATIONS
I. SITE WORK A. WORK INCLUDED 1. Staking out of building, establishment of lines, grades and benchmarks.
2. All excavation work including all necessary shoring bracing, and drainage of storm water from site. 3. All backfilling,
filling and grading, removal of excess material from site.
4 . Protection of Property, work and structures, workmen, and other people from damage and injury.
B. LINES, GRADES AND BEMCnMARKS 1 . Stake out accurately the lines o~ the building and of the other structures included in t he contract, and establish grades therefore, after which secure approvaJ by Architect before any excavation work is commenced .
2 . Erect basic better boards and basic reference marks, at such places where they will not be disturbed during the construction of the foundations.
C. EXCAVATION 1 . Structural Excavations -
Excavations shall be to the depths indicated bearing values . Excavations for footings and foundations carried below required depths shall be filled with concrete, and bottom of such shall be level. All structural excavations shall extend a sufficient distance from the walls and footings to allow for proper erection and dismantling of forms, for installation of service and for inspection. All excavations shall be inspected and approved before pouring any concrete, laying underground services for placing select fill materials .
.The Contractor shall control the grading in t he vicinity of all excavated areas to prevent surface drainage running into excavations. Water which accumulates in excavated areas shall be removed by pumping before fill or concrete is placed thefein.
460
D. FILLING AND BACKFILLING 1. After forms have been removed from footings, piers, foundations, walls, etc. and when concrete work ls hard enough to resist pressure resulting from fill, backfilling may then be done. Materials excavated may be used for backfilling. All filling shall be placed in layers not exceeding six (6) inches in thickness, each layer bejng thoroughly compacted and rammed by wetting, tamping , rolling. E. PLACING AND COMPACTING FILL 1 . Common Fill - shall be approved site - excavated material free from roots, stumps and other perishable or objectionable matter.
2 . Select Fill - shall be placed where indicated and shall consist of crushed gravel crushed rock, or a combination thereof. The material shall be free from adobe, vegetable matters and shall be thoroughly tamped after placing. 3. Before P'acing fill material, the surface upon which it will be placed shall be cleared of all brush roots, vegetable matter and debris, scarified and thoroughly wetted to insure good bonding between the ground.
F. DISPOSAL Of= SURPLUS MATERIALS 1. Any excess material remaining after completion of the earthwork shall be disposed of by hauling and spreading in nearby spoil areas designated by the OWNER. Excavated material deposited in spoil areas shall be Graded to a uniform surface.
II. CONCRETE AND REINFORCED CONCRETE: A. GENERAL 1. Unless otherwise specified herein, concrete work shall conform to the re· quirements of the ACI Building Code. Full cooperation shall be given other trades to install embedded items. Provisions shall be made for setting items not placed in the forms. Before concrete is placed, embedded items shall have been in· spected and tested for concrete aggregates and other materials shall have been done.
B. MATERIALS 1. Cement for the concrete shall conform to the requirements of specifi"cations for Portland Cement (ASTM C-1 50) 2. Water used in mixing concrete shall be clean and free from other injurious amounts of oils, acids, alkaline, organic materials or other substances that may be deleterious to concrete or steel. 3. Fine Aggregates shall consist of hard, tough, durable, uncoated particles. The shape of the particles shall be generally rounded or cubicle and reasonably free from flat or elongated particles. The stipulated percentages of fines in the sand shall be obtained either by the processing of natural sand or by the production of a suitably graded manufactured sand. 4 . Coarse Aggregate shall consist of gravel, crushed gravel or rock, or a combination of gravel and rock, coarse aggregates shall consist of hard, tough, durable, clean and uncoated particles. The sizes of coarse aggregates to be used in the various parts of the work shall be in accordance with the following: Size - 3 /4 " for all concreting work. 5. Reinforcing Bars shalt conform to the requirements of ASTM standard specifications for Billet Steel Bars for concrete reinforcement (A 15-6251 and to
461
Specification for minimum requirements for the deformed steel bars for concrete reinforcement (A 305-56) All secondary ties such as stirrups, spirals and inserts may be plain bars . The main reinforcing bars shall be as follows: No.4 No. 3 No. 5 No. 6 No. 7 No. 8
(Y2'') 12mm
13/8") 10 mm (5/B"l 16 mm (3/8") 20 mm 17/B"J 22 mm ( 1") 25 mm
fy - 33,000 psi fy - 40,000 psi
C. PROPORTIONING AND MIXING
1 . Proportions of all materials entering into the concrete shall be as follows: Class " A" Class "B" Class " C"
Cement 1 1 1
Sand
Gravel
2
4
2Y2
s
3
6
2. Class of Concrete - concrete shall have a 28-day cylinder strength of 3,000 psi, for all concrete work, unless otherwise indicated in the plans . 3. Mixing - concrete shall be machine mixed. Mixing shall begin within 30 minutes after the cement has been added to the aggregates. In the absence of a concrete mixer. Manual mixing is allowed.
D.
FORMS
1. GENERAL - Forms shall be used wherever necessary to confine the concrete and ~hape it to the required lines, or to insure the concrete of contamination with materials caving from adjacent. excavated surfaces . Forms shall have suffi cient strength to withstand the pressure resulting from placement and vibration of the concrete, and shall be maintained rigidly in correct position. Forms shall be sufficiently fight to prevent loss of mortar from the concrete . Forms for exposed surfaces against which backfill i.s not be placed shall be. lines with a form grade Plywood. 2. Cleaning and oiling of Forms - Before placing the concrete. the contact surfaces ()f the form shalt be cleansed of encrustations of mortar, the grout or other foreign material, and shalt be coated with a commercial form oil that will effectively prevent sticking and will not stain the concrete surfaces. 3. Removal of Forms - forms shall be removed in a manner which will prevent damage to be concrete. Forms shall not be removed without ep.proval. Any repairs of surface imperfections shall be performed at once and airing shall .be started as soon as the surface is sufficiently hard to permit it without further damage. E. PLACING REINFORCEMENT
1. GENERAL - Steel reinforcement shall be provided as indicated, together with all necessary wire ties, chairs •. spacers, supported and other devices necessary to install and secure the reinforcement properly. All reinforcement, when plac· ed, shall be free from loose, flaky rust and scale, oil grease, c\ay and other coating ·and foreign substances that would reduce or destroy its bond with concrete.
462
Reinforcement shall be placed accurately and secured.in place by use of metal or concrete supports, spacers and ties. Such supports shall be of sufficient strength to maintain the operation. The supports shall be used in such manner that they w ill not be exposed or contribute in any way. to the discoloration or deterioration of the concrete.
F. CONVEYING AND PLACING CONCRETE: 1. Conveying - concrete shall be conveyed from mixer to forms as rapidly as practicable, by methods which will prevent segregation, or loss of ingredients . There will be no vertical drop greater than 1 . 5 meters except where suitable equipment is provided to prevent segregation and where specifically authorized. 2. PLACING - Concrete shall be worked readily into the corners and angles of the forms and around all reinforcement and embedded items without permitting the material to segregate . Concrete shall be deposited as close as possible to its final position in the forms so· that flow within the mass does not exceed two (2) meters and consequent segregation is reduced to a minimum near forms or embedded items. or elsewhere as directed, the discharge shall be so controlled that the concrete may be effectively compacted into horizontal layers not exceeding 30 centimeter~ in depth w ithin t he maximum lateral movement specified.
3. Time interval between mixing and placing. Concrete shall be placed before initial set has occured and before it has contained its water content for more than 45 minutes . 4. Consolidation of Concrete - Concrete shall be consolidated with the aid of mechanical vibrating equipment and supplemented by handspading and tamping. ,Vibrators shall not be inserted into lower coursed that have commenced in· itial set; and reinforcement embedded in concrete beginning to set or already set shall not be disturbed by vibrators. Consolidation around major embedded parts shall be by hand spading and.tamping and vibrations shalt not be used. 5. Placing concrete through reinforcement. In placing concrete through reinforcement, care shall be taken that no segregation of the coarse aggregate occurs. On the bottom of beams and slabs, where the congestion of steel near the forms makes placing difficult, a layer of mortar of the same cement-sand ratios as used in concrete shall be first deposited to cover the surface. G. CUR1NG: 1. GENERAL: All concrete shall be moist cured for a period not less than seven (7) consecutive days by an approved method or combination applicable to local conditions. 2. Moist Curing - The surface of the concrete shall be kept continuously wet by covering with burlap plastic or other approved materials thoroughly saturated w ith water and keeping the covering wet spraying or intermittent hosing. H. FtNlSHING
1. Concrete surfaces shall not be plastered unless otherwise indicated. Exposed concrete surfaces shall be formed with plywood, and after removal of forms , the surfaces shall be smooth, true to line and shall present or finished appeara·nce except for minor defects which can be easily be repaired with patching with cement mortar, or can be grounded to a smooth surface to remove all joint marks of the form work.
463
2. Concrete siabs on Fill. The concrete slabs on fill shall be laid on a prepared foundation consisting of subgrade and granular fill with thickness equal to the thickness ot ovenaying s1ao except fndicated otherw1se.
as
Ill. .M ASONRY WORKS
A. MATERIALS
1 . Concrete Hollow Blocks shall have a minimum face shall thickness of 1" (.0251 Nominal .size shall be 6"x8"x1 S" and 4 "x8"x1 S" minimum compressive strength shall be as follows: Class A - 900 psi Class 8 - 7 50 psi All units shall be · stored ' for a period of not less than 2 8 days (including curing period) and shall not be. delivered to the job site prior to that time unless the strengths equal or exceed those mentioned in these specifications.
2 . Well Reinforcement shall be No. 3 (3/8 ") or 10 mm steel bars.
3 . Sand shall be river sand, well screened, clean, hard, sharp sillicious, free from loam, silt or other impurities, composed of grains of varying sizes within the following limits: Percent
Sieve No.
9 16
Passing Retained Retained
100
4 . Cement shall be standard portland cement, ASTM C -
100 5
97 1 50-68 Type 1
6. Mort8r- Mix Mortar from 3 to 5 minutes in such quantities as needed for im-
i
mediate use. Retampering will not be permitted if mortar stiffens because of premature setting. Discard such materials as well as those which have not been used within one hour after mixing.
Proportioning: Cement mortar shall be one (1) part portland cement and two (2} parts sand by volume but not more than one ( 1) part portland cement and three (3) parts sand by volume.
8.
E~ECTION
1 . All masonry shall be laid plumb, true to line , with level and accurately spaced courses, and with each course breaking joint with the source below. Bond shall be kept plumb throughout; corners and reveals shall be plumb and true. Units witb greater than 12 percent absorption shall be wet before laying. Work required to be built in with masonry, including anchors, wall plugs and accessories, shall be built in as the erection progresses. 2. Masonry Units. Each course shall be solidly bedded in portland cement mortar. All units shall be damp when laid units shall be showed into place not. laid, in a full bed of unfurrowed mOftar . A ll horizontal and vertical points shall be com· pletely filled with mortar when and as laid. Each course shall be bonded at cor· ners and Intersections . No cells shall be left open in face surfa ces. All cells shall be filled up with mortar for exterior walls. Units terminating against beam or slab soffits shall be wedged tight with mortar. Do not iay cracked, broken or detac . ed block.
464 .
3. Lintels shall be of concrete and shall be enforced as shown on the drawings. Lir~tel s shall have a minimum depth of 0.20 (8") and shall extend at least 0.20 {8") on each side of opening.
C. WORKMANSHIP AND INSTALLATION: 1. PLASTERING: Clean and evenly wet surfaces. Apply scratch coat w ith sufficient force to form good keys. Cross scratch coat upon attaining its initial set; keep damp. Apply brown coat atter scratch coat has set at least 24 hours after scratch coat application. Lightly scratch brown coat; keep moist for 2 days; allow to dry out. Do not apply f inish until brown coat has seasoned for 7 days. Just before applying coat, wet brown coat again. Float finish coat to true even surface; trowel in manner that will force sand particles down into plaster, with final trawling, leave surfaces barnished smooth, free from rough areas, trowel marks, checks. othe r blemishes. Keep finish coat moist for at least 2 days; thereafter prot ect against rapid drying until properly, thoroughly cured. 2. PEA GRAVEL WASHOUT: Before start of work, provide desired pitch for drainage. Roughen concrete surface with pick or similar tool. Clean off loose particles and other materials which may prevent bond, keep surface wet for at least 4 hours before applying . Scratch coat of mortar. Coat not more than 3 14 " thick. Apply mixture of pea gravel and portland cement with pressure to obtain solid adhesion. Trowel pea gravel to hard, smooth, even plane and rod and float to uniform surface of even texture . When surface is sem i-dry evenly spray surfaces with clean water with spray machine to wash out loose cement to part exposed pea gravel. Remove and wash down remaining cement paste with soft brush, to leave pea gravel in its natural texture and appearance. Before applying pea gravel finish, submit samples to owner for approval.
D. SCAFFOLDING Provide all scaffolding required for masonry w ork, including cleaning down on completion, remove.
E. VITRIFIED FLOOR TILE INSTALLATION: 1 . Do not start floor t iling occuring in space requiring both floor and wall t ile setting has been completed. 2. Before spreading setting bed, establish border lines center wires in both directions to permit laying pattern with minimum of cut tiles . Lay floors without borders from center line outward . Make adjustment at walls. 3. Clean concrete sub floor and moisten it without soaking. Sprinkle dry cement over surface. Spread setting bed mortar on concrete and tamp to assure good bond over the entire area then screed to smooth, level bed . Set average setting bed thickness at 3/4" but never less than 1/2".
F. WAll TILE INSTALLATIONS: 1. Scratch coat for application as f oundation coat shall be at most 1/2". While still plast ic, deeply score scratch coat or scratch and cross scratch. Protect scratch coat and keep reasonably moist within seasoning period . Use mortar for scratch, f loat coats , within one hour after mixing.f. AetamperinQ of partially hardened mortar is not permitted. Set scratch coat shall be cured for at least 2 days before starting tile setting . 2. For float coat use one part portland cement, one part hydrated lime (optional!. 3-1/2 parts sand .
465
IV. CARPENTRY AND JOINERY WORK
A. MATERIALS 1 . QUALITY OF LUMBER: Lumber shall be the approved quality of the respective kinds for the various parts of the work, welt seasoned , thoroughly dry , and free from large, loose, or unsound knots, saps, shakes, and other imperfections impairing its strength, durability or appearance. All finishing lumber to be used .shall be completely dried and shall not contain more than 1 4%moisture . All flooring, tongue and grooved shall be kiln dried. 2 . TREATM~NT OF THE LUMBER:
a. All concealed lumber shall be sprayed
wit~
anti-anay or bukbok liquid .
b. Surface in contact with masonry and concrete coated with creosote or equivalent .
3. DOOR SASHES: All door sashes shall be well seasoned, flush type, semi-hollow core and solid core, tanguile plywood veneers on both sides. Exterior doors shall be of kiln dried Tanguile panel doors. 4 . K\NO OF LUMBER: All unexposed lumber for framings shall be of Apitong. All window and door jambs shall be of Apitong or Tanguile. Balcony railings, flooring, girder and joints shall be of S4S Yacal.
All interior flooring shall be of Kiln dried T and G Tanguile . Living room wood panels at the second f loor shall be of 1" thick pinewood. Eaves shall be of kiln dried T and G Tanguile 54$. Exterior sidings shall be seasoned sun dried V-Cut Tanguile.
B. WORKMANSHIP 1 . Execute rough carpentry in best, substantial, workmen like manner. Erect framing true to line, levels and dimensions, squared, aligned, plumbed, well-spliced and nailed, and adequately braced, properly fitted using mortise and tenon joists .
2. Millwork -
accurately milled t o details, clean cut moldings profiles, lines, scrape, sand smooth; mortise, tenon, splice, join,. block, nail screw, bolt together, as approved, in manner to allow free play of panels; avoid swelling, shrinkage, ensure work remaining in place without warping, splitting opening or joints. Do not install mill work and case until concrete and masonry work have ·been cured and will not release moisture harmful to woodwork.
3 . Secure work t o grounds, otherwise fasten in position to hold correct surfaces, lines and levels. Make finished work flat, plumb, true.
V. ARCHITECTURAL FINISHES SCHEDULE A. FLOORING 1. All interior flooring shall be 1" x 4 " tongue and groove (T & G Tanguile, kiln dried.)
2 . Toilet floors shall be vitrif ied 4 -1/4 " x 4-1/4 " white or beige in color, mariwasa brand.
466
3. Balcony floors shall be of 1" x 4" Yacal set on a 1/4" open joint and nailed on Yacal Floor joist. All balcony railings shall be Yacal.
4. Concrete Floor fronting the street shall be finished with 12" x 12" Vigan tiles with black pebble washout as border all around. B. WALLING:
1. All interior partitions shall be of 1/4" x 4' x 8' plywood. Joints of partitions shall have a V-cut Joint.
2. Interior paneling of second floor living room shall be 1" x 8" pine wood: 3. Exterior walling shall be 1" x 6" V-cut tanguile.
4. CHB Waning shall be plastered and lined with 1/4" nail strip. 5. Toilet wall finish shall be of 6" x 6" unglazed tiles C. CEILINGS:
1. All interior ceilings shall be of 1/4" x 4' x 8' plywood with mouldings.
2 . Outs!de ceiling eaves shall be of 1" x 4" T and G Kilm dried tanguile, with air Vents covered with screen. D. DOORS:
1. All interior, bedroom doors shall be hollow core flushed door using plywood veneer. 2. All toilet doors shall have one side using waterproofed plywood facing inside. Bring float coat flush with screeds or temporary guide strips placed to give true and even surface at proper distance from the tile finished face. 3. Setting Waft Tiles: seals wall t ile thoroughly in clean water before setting. Set wall tile by trowelling neat portland cement skim coat on float coat or apply skim coat to back of each tile unit. Immediately float tile in place. Make joints straight, level and perpendicular. Maintain vertical joints plumb. 4. Grouting: Grout joints in wall tile with neat white cement immediately after suitable area of tile has been set. Toot joints slightly concave, cut off excess mortar and wipe from face tile. Roughen interstices of depressions.. In mortar ioints after grout has been cleaned from surface. Fill to line of cushion tile bases or covers with mortar. Make joints between wall tile, plumbing and other built in fixtures with light colored caulking. Immediately after grout has had its initial set. give tile wall surfaces protective coat of non-corrosive soap. 5. All exterior doors shall be solid panel doors.
E. WINDOWS: 1. All windows shall be steel windows casement and awning type with simple 1/2" square wrought iron railings and secured with screen. 2. Other windows as indicated in the plan shall be glass jalousie. 3. Glass and glazing: All windows shall be glazed on the outside with steel casement putty. Glass shall be puttied and fate-puttied in neat trim line manner. with steel glazing chips. Use 3/16'" thick clear glass. 4. Provide louvers below the ceiling and wall partition of bedrooms without exterior window access.
467
F. FINISHING HARDWARES:
1. Butt Hinges - unless otherwise approved, Use brass, polished and finely finish· ed, mortise ball bearings 5 knuckles, non rising \oose pins as manufactufed by Stanley or corbin for all interior wood doors. Use one and one-half pairs 13 pes.) of hinges per leaf of doors more than 1 .80 m high, loose pin butt for room doors, fixed pin butt for closets.
G. LOCKSETS: 1 . Cylindrlcal locks - all interior doors shall be equipped with high grade heavy or standard duty (as required) cylindrical locksets. The mechanism shall be heavy gauge, cold rolled steel contained in sturdy cylindrical housing with all parts zinc plated and dichromated for maximum resistance against rust and corrosion. Ex· posed parts shall be brass heavily plated as manufactured by schlage, yale or ap· proved equivalent. ·
2. Keying and Keys - locks shall be keyed in sets and sub sets to provide max· imum expansion. All sets shall be grand master keyed, and all entrance locks shall be great grand master keyed per unit. · H. RIM BOLTS- Rim bolts and keeper shall be chrome finish.
I. DOOR BUMPERS -where wooden doors shall strike an object during opening, provide door bumpers.
J. Cabinet hinges shall be "Washington" type or piano hinges heavily chrome or nickel plated. K. Cabinet and Closet catches shall be plastic roller types. L Provide Yale door closers for all swing exterior doors. M. Provide heavy-duty head and foot bolt for the three (3) main entrance doors.
VI. ROOFING AND T1NSMITHING WORKS A. MAll:RIALS: 1. ROOF SHEATHING - shall be corrugated galvanized Iron sheet guage 26. 2. Gutters downspouts and Flashings shall be of guage 26 plain G.l. sheets. B. INSTALLATION WORKMANSHIP: 1. Shesthing - layout the roofing sheets In a manner that the side overlap faces away from the prevailing wind. Provide not less than 0.30 m overlap on ends and not less than 1-1 /2 corrugation on side laps on both sides. Secure the roof· ing sheets to purlins by using G.l. rivets and 1" wide G.I. Ties. 2. Gutter - connection of gutters shall be made by using brass rivets and fully jointed by nikolite lead. Provide a minimum of 1% slope towards the downspouts. 3. Downspouts - shall be 2x4 " plain G.I. sheets or colored pvc pipe as approved by the Architect. 4()8
4 . Flashings - shall be plain G.l. sheet over corrugated roofing of not less than 0 .30 overlap extend G.l. Flashing until it covers the top portion of the firewall. VII. PLUMBING WORKS: A . GENERAL : 1 . All work shall be done under the direct supervision of a licensed plumber and in strict accordance with these spec ification and of the methods as prescribed by the National Plumbing Code of the Philippines. B. MATERIALS: 1. Cast iron soil pipe for sewer and cement drainage pipes T and G ASTM C-14 and ASTM- 7 5 respectively. 2 . Cast iron
~ewer
pipes and fittings -·- ASTM A- 7 4 for soil, waste and vent pipes.
3. Caulking Lead - Federal spec. 00- 56 or epoxy mix A and B. 4.
aronze gate valves - Federal spec. WW-V-58.
5. G3ivanized iron pipes and fittings - Schedule 40 for all hot and cold water lines. 6 . Water Closet - Saniwares brand. All toilets shall be of ventura model or comp· ton except the second floor owners toilet which shall oe sabrina or cadet type. Vitreous china "price Pfister" angle valves. White in color. 7 . lavatories - Saniwares Ventura and Diana lor new comrade) vitreous China. ~e with all chromard finish "price pfister. Fittiogs and accessories. 8 . K.1tchen Smk - Northern Hiil Classic cast iwn acid - resisting enarneii ~J iinish in!>ide. With back complete w ith chromard finish U.S 1ittings and accessories. 9 . Soap and Tissue holders - Vitreous China 10. Towet bars and hooks, -brass chrome plated . 11 . Drains: Aoor drains shall be high grade strong, tough and even-grain ei.. metals with adjustable screwed cover nickel plated.
12. Shower head and Valve a. For owner's toilet, use P.F. with "marquis" 3 -valve divester. b. For other toilets - use shower head with plastic, and 2 - valve divester. C. ALTERNATE MATERIALS : 1 . Alternate material allowed, provided such alternate is approved by Architect such as PVC pipes for sewer and drainage pipes.
2 . Each length of pipe, fitting, trap, fixture and device used in plumbing system shall have cast, stamped or indelibly marked on it, manufacturer's trademark or name weight, type and classes or product when so required.
P.
INSTALLATION 1. Install plumbing fixtures free and open to afford easy access for cleaning. 2 . Install plumbing fixtures as indicated on drawings, furni!>hings all brackets, cleats, plates and anchors required to support fixtures rigidly in place. 3. Install aU fixtures and accessories in locations directed in accordance with
manufacturer's instructions, minimizing pipe fittings. '
4. Protect items with approval means to maintain perfect conditions. Remove work damaged or defective and replace with perfect work without extra cost to OWNER.
5 . All G.l. soil and drainage pipes shaH have a minimum slope of 1%.
6. Vertical pipes shall be secured strongly by hooks to building framing. Provide suitable bracket or chairs at the floors from which they start. Where an end or circuit vent pipe from any fixtures or line of fixtures is connected to a vent line serving other fixtures, connection shall be at least four (4) feet 1.20 M above floor on which fixtures are located, to prevent use of any vent line as a waste. Horizontal pipes shall be supported by well secured strap hangers.
7. Connection of water closets to soil pi'pes shall be made by means of flanged Plates and asbestos packing without use of rubber putty or cement.
8. Make all joints air and water-t ight; for jointing pipes, the following shall be used. a. For bell and spigot iointed cast iron. and waste pipes, caul\<. with oakum or jute and soft pig lead. b. Lead to cast iron pipes use brass ferrule wiped on lead side and caulked into ball of cast iron soil pipe.
c. Concrete pipes: bell and spigot or tongue and groove use yarning material and cement mortar. d. G.l. Pipes - Use Teflon Tape or white lead when tightening threaded joints. E. ROUGH-IN
1 . Provide correctly located opening of proper sizes where required in walls and · floors for Pli,SSed of pipes.
2. All items to be embedded in concrete shall be thoroughly clean and free from all rust, scale and paint.
3-. All changes in pipe sizes on soil. wash and drain lines shall be provided with reducing f ittings or recesses reducers. For changes in pipe sizes provide reducing fittings . 4. High corrosive nature ground within site sha\1 be taken into account by plumber . Protective features shall be installed to prevent corrosion of all water pipes installed underground. 5. Extend piping to all fixtures, outlets and equipm~nt from gate valves installed in the branch near the riser. 6. All pipes shall be cut accurately to measurements, and worked into place without springing or forcing. 7. Care shall be taken as not to weakefl •structural portion of the building .
VIII. Et.ECTRICAL WORKS P.. SCOPE OF WORK: 1 . The work consist of furnishing of all materials and tabor, tolls and equipment
470
and all necessary services to complete the electrical work ready for operation as shown in the drawings and specified as follows: a. Supply and installation of the main and sub-feeders from electrical panelboards up to service entrance. b. Supply and installation of electrical panel boards, gutters, pull box and ac· cessories box as required. c. Supply of wiring devices porceta;n receptacles, outlets, switches, etc. complete with suitable cover plates as per specifications. d . Supply and instaUation for all branch feeders circuits from panelboards up to all outtets. switches, controls or other loads; other wiring as show in ptan. e. Installation of all owner.s furnished materials such as lightings fixtures and electrical control.
f. Grounding system as per EE Code requirements. g. The contractor shaU secure and pay for all electrical installation fees and permits, but Owner shalt pay for the necessary deposit.
B. CODES AND REGULATIONS: The Electrical work shall be done in accordance with all the requirements of the latest issue Philippine Electrical Code, with rules and regulations and Ordinances of the local enforcing authorities of Baguio City and the Requirements of the Local Power Company.
C. DRAWINGS AND SPECIFICATIONS; 1 . All installation shall be done in a work-manlike manner and shall include all necessary works that niay not be clearly indicated in the plans or schematic but necessary to attain the purpose or intent of the design scheme . 2 . The plan indicate the general layout of the system.and the location of outlets are diagrammatic, and may be adjusted as required by the Architect before installation. 3. The contractor shall record all accomplishments as work progresses in a set of records plan. Three (3~ sets of as built drawings shall be duly signed and sealed by the supeniisor-in-charge of construction shall be submitted for the owners end Architect's references and maintenance purposes. D. MATERIALS. WORKMANSHIP: All materials to be supplied shall be new and of high quality suitable for the location and purpose. ·Materials shall be standard products of reputable manufacturers.
E. TECHNtCAL SPECIFICATIONS: 1. Power service: 115/230 volts, single phase, 3 wire solid neutral 60 hertz.
2. Wiring methods: all power and control wiring shall be in rigid mild steei conductor. 3. Grounding: Panelboards, raceways, gutters, metallic conduits and other non-current carrying metal parts of equipment, heaters, motor frames. shaU be provided w ith effective grounding connection to a grounded cold center pipe.
471
4. Main ·and .Branch Feeders: Conductors and complete conduit systems shall be provided as shown in drawings and no change, in sizes shall be made without approval by the Architect or his authorized representative. ·
6. Panel Board: Furnish and installs the electrical panel-boards. as shown in plan. Disconnect ·switches and magnetic starters shalt be provided by motor eq·uipment supplier.
e.
Receptacles, switches, Outlets: a. Provide as indicated in drawings, the switches and receptacles with proper cover plates. Switches shall be of the quiet-matic type, "NATIONAL" or approved equal. b. Receptacles shall be duplex with proper cover plates, rated 10 amp. min. 250 V.A.C., "Eagle" or approved equal. c. Lighting outlet at ceiling shalf be provided with 4" octagonal box ga. 18 min. Connections from fixtures to boxes be made by using TW wire CHB in flexible conduit.
7. Light Fixtures:
a.
All lighting fixtures shall be furnished by owner and instaUed by the Contractor. Oetail of fixture design when not standard shall be shown in the Architectural Drawings .
b. Fluorescent fixtures if any shall be complete set with lamps and ballast of high quality, Philips G.E. Philec or approved equal.
8. Wires and Cables: a. Wires shalt be Phelp Dodge, duraflex, Far East Wires or approved equivalent. b. No w ires shall be drawn into a raceway until it is complete with all necessary fittings, boxes supports. Connections shall be securely fastened such as not to loosen under vibration and norma\ strain. All connections, splices shall be made with approved methods. ·
IX. PAINTING WORK: A. SCOPE OF WORK
1. Consists of furnishing all items, artiCles, materials tools, equipment, labor scaf· foldings, ladders, methods and other incidentals necessary and required for the satisfactory completion of the work. ·· 2. tt covers complete painting and finishing of wood, plasters, concrete, metal or other surfaces exterior or interior of building . B. GENERAL PAINTING and Surface Finishing shall be inter!)feted to mean and include sealers, primers, fillers, intermediate and finish 'c oats, emulsions, varnish, shellac, stain or enamels. 1 . All paint and accessory materials incorporated in or forming a part thereof shall be subject to the prior approval and selection for·cotor, tint, finish or shade by the Architect. 2. ln connection with the Architect's determination of color or tint ot any particular surface,·the depth of any color or tint selected or required shall in no instance be a subject for an additional cost to the owner;
472
3. Painting of all surfaces, ex~eiJt as otherwise specified shall be three (3) coat work, one primer and a finish coat.
C. MATERtALS: 1. All paint materials shall meet the requirements of paint materials under classification class "A" as prepared by the institute of Science. Manila, use "BOYSEN" or "Fuller Paints or equivalent. 2. AU paint shall be recommended by the manufacturer for the use intended and shall be delivered to the jobsite in original containers with seals unbroken and labels intact.
3. Painting materials such as Linseed oil, turpentine, thinners, shellac, lacquer, etc. shall be pure and of the highest quality obtainable and shall bear the manufacturer' s label on each container or package. 4. Except for ready mixed materials in original containers, all mixing shall be. done in the jobsite. No materials are to be reduced, changed or mixed except as specified by manufacturer of said materials. 5 . Storage and Protection The resident Architect shall designate a place for the storage of paint materials whenever it may be necessary to change this designated storage place, the contractor shall promptly more to the new location . The storage space shall be adequate protected from damage and paint. Paint shall be covered at all times and safeguards taken to prevent fire .
0. MATERIALS:
1 . All surfaces to be painted shall be examir.ed carefully before beginning any work and see that all work of other trades or subcontractor ' s are installed in workmanlike condition ro receive paint, stain or particular finish. 2. Before proceeding with any painting or finishing, thoroughly clean, sand. and seal if necessary by removing from all surfaces all dust, dirt, grease. or other. foreign substances which would affect either the satisfactory execution or per· manency of the work. Such cleaning of shall be done after the general cleaning executed under the separate division of the work. 3. No work shall be done under conditions that are unsuitab\e for the production of road results. nor at any time when the plastering is in progress or is being cured, or not dry. 4. Only skilled painters shall be employed in the work. All workmanship shall be ex· ecuted in accordance with the best acceptable practices. 5. Finish hardware. lighting fixtures, plates and other similar items shall be removed by workmen skilled in these trades, or otherwise protected during painting operations and reposition upon completion of each space. 6. Neither paint nor any other finish treatment shall be applied over wet or damp surfaces. Allow at least two (2) days from drying preceeding coat before applying succeeding coat. 7. Begin work only when resident Architect has inspected and approved prepared surface otherwise no credit for coat applied shall be given. The contractor shall assume responsibility to recoat work in question. Nofity Architect when particular coat applied is complete, ready for inspection and approval.
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E. PREPARATJON OF SURFACES:
1 . For bricks, concrete, cement or concrete blocks; cut out scratches, cracks abra· sian in plaster surfaces, openings and adjoining trim as required. Fill flush adjoin· ing plaster surface . When dry; and 'smooth and seal before priming coat application. 2. Tint plaster priming coat to approximate shade of final coat. Touch up sanction spots in plaster or cement after first coat application, before applying second coat, to produce even result in finish coat. Secure color schedules for rooms before priming walls. 3. In cases of presence of high alkali conditions, neutralize surfaces by washing with zinc sulphate solution (3 pounds to a gallon of water). Allow to dry thoroughly, brush free of crystals before priming. 4. Prime with mixture of equal parts by volume of L & S Portland cement paint and 5244 improved Alkali proof seal or its equivalent as may be approved by the Architect. 5. Brush one or more finish coats of L & S thinned if necessary with minerals spirits or turpentine. F. WOODWORK TO BE PAINTED:
1. Touch up knots , pitch, streaks, sappy spots w ith shellac. 2. Do necessary puttying of nail holes, cracks etc. after first coat with putty of col· or to match that of finish. Bring putty with adjoining surface in neat, workmanlike manner. 3. Wipe paste wood fillers, applied in open grain wood, when "set". across wood grain. Then with grain to secure clean surface. 4. Cover surfaces .to be stained with uniform stain coat. 5. Tiny undercoats of paint and enamel to same or appfoximate cost shade. 6. Sand smoothly woodwork to be finished with enamel or varnish; clean surface before proceeding with first coat application. Use fine sand paper between coats on enamel or varnish finish applied to wood to produce even smooth f inish.
G. VARNISHING: 1 . Sand wood surfaces with fine grade sand paper. 2. Wipe dust off with clean cloth dampened with lacquer thinner. 3. Apply wood filler as per manufacturer's specifications . 4. Apply approved stain in uniform coats until desired shade is achieved. 5 . Appty finish coat as per manufacturer' s specifications. X. FIRE CODE REQUIREMENTS
All interior wooden structures shall be applied with resist-A-Flame Fire Retardant solution . _applied as per manufacturer' s specifications. All other requirement as of the fire code of the Philippines as far as they relate to this project shall likewise be complied with.
474
XI. FIRE RETARDATION TREATMENTS A. SCOPE OF WORK 1. The Fire Retardant Applicator shall provide all materials, labor, tools, equipment and all facilities for the satisfactory and effective treatment with fire retardant-solution or paint for the wooden components of the said project. General Conditions
2. The fire retardation under this item refers to the treatment of all wood, plywood, woodworks, accoustical board, lumber. wood studs, wood shavings, wooden shingles, bamboos and the like in the interior and/or exterior with proven fire retardant chemical having Class A or B Rame Spread Rating such as the "Resist-AFlame" fire retardant or approved equaL 3. Studs, Trusses and other interior wooden components must be treated with Fire Retardant chemical before pannellings are installed. 4. When colorless fire retardant chemicals are applied, treatment must be done before painting on both sides of the plywood. Care in the application must be meticulously observed in such a way that saturation and maximum penetration shall be achieved. 5. In the treatments, specified rate of application, as hereunder stated, must be carefully observed. Estimates for the needed quantity of chemicals must be observed dur· ing application inorder to attain maximum effectiveness.
B. APPLICATION 1. Preparation Remove all loose dirt, dust and other foreign matters from the surfaces to be treated. Nail heads must be countersunk to clear the surface. Cooking within the area be prohibited; flammables be removed from the area; all workers be notified to avoid smoking and/or burning inside the building. Other precautions must be strictly observed inorder to prevent destructive fire in the area. All workers in the area must realize that the fire retardant chemical is flammable especially when it is newly applied.
2. Application Fire Retardant chemicals must be applied by the Fire Retardant Applicator duly authorized by the fire retardant chemical manufacturer/blender and certified by the Are Code implementing agencies. The applicator and/or his men must follow good painting practices using paint brush, spray or rollers. They must conform with the fotlowing rate of application. a. All wooden doors and ~tairs shall be treated with tire retardants at the rate of 100 sq. ft. per gallon for Class A Flame Spread- Rating or three (3) coatings; b. All ceiling boards, panellings and all wooden structures of the building that are found along corridors, lobbies. and kitchen shall be treated at the rate of 150 sq. ft. per gallon or two (2) coatings; c. AJ1 interior pane11ings, ceiling~, floors, closets, cabinets and all other wooden cpmponents found in the interiors of a building shall be treated witt'! fire retardant chamica1s at the rate of 200 sq. ft. per gallon for Class "8" rating or one coating ; and· d. All other exterior wood-based component of the building such as sidings, facia boards, eaves, etc. shall be treated with fire retardants at the rate of 150 sq. ft. per galon or two (2) coatings.
475
C. GUARANTEE 1. The APPLICATOR shall and hereby warrants that all fire retardation work executed urider this section shall be free from defects of materials and workmanship for a period. of five (5) years from the date of the completion of application.
2. The APPLICATOR further agrees that he will at his own expense repair and replace all such defective work and all other works damaged thereby which becomes defective during the term of this guarantee.
D. CERTIFICATIONS 1. The APPLICATOR issues a certification of contract executed by and between him and the OwnerI Contractor of the building which certification attests to the existence of a program for the application of fire retardant on the building during construction;
and 2. The APPLICATOR issues a certification of treatment after the required treatment has been completed and accepted by the OwnerI Building Contractor.
476
APPENDIX CHECKLIST FOR PREOUALIFICATION PRE-CI Date:
Contractor: 1. Phase. 1 Prequalification Statement Proper
( ) AU blanks filled up ( ) Auditor's or accountant's Certificate on Financial Statement ) Signed Affidavit of Contractor - - - - - -- - -- - - - -- -- -- - ) Notary Public's Signature and Seal
2. Annexes ( ) Annex 1
t J Annex 2
Written authority from ownerI government Board To persons that made tbe statement Certified copy of appointment /designation and authority of person managing
1he affails of contractor's organization ) Annex 3
Certified copy of contractor' s Licence and the
) Annex 3-A Copy of the latest Certificate of Renewal ) Annex 4
Certified copy of contractor's latest Privelege Tax Receipt (PTA} now VAT __ _
t ) Annex 5
If Sate Proprietorship, Certified copy of Certificate of Registration _ ______
( ) Annex 6
If Partneship, Certified copy of Deed Of Articles of Partnership
( ) Annex 7
tf corporation, certified copy of Articles of Incorporation -
- - -- - - -
) Annex 8
tf joint-Venture, certified copy of Agreement and Articles of Joint Venture
) Annex 9
tf Joint-Venture, Certified copy of Joint Veriture license per Republic Act
) Annex 10
No . ~ -----------------------------------------If Foreign Contractor. Certificate as bona-fide Contractor from its embassy/
) Annex 11
Certified copy of Contractor's Organization Chart------ - - - - - - - -
) Annex 12
Certified copy of latest Financ·ial Statement as reflected by the BIR _ __ __
( ) Annex 13
Certified copy of contracts & acceptance of completed projects in the last five
~~~------------------------------------------------
{5)~~ ----------------------------------------) Annex 14
Certified copy of Appointment of Officially designated Liaison Officer
) Annex 15
Credit line Certification - - - -- - - - - - - -- - - - - - -- - - - - - - -
( ) Annex 16
Lease of Equipments - - - - - -------- - - - - - -- - - - -- - - - -
477
( ) Annex 17
~esident Engineer's Certificate of Employment - --
( ) Annex 18
Supplemental letter Re: Resident Engineer _ _ _ _ __ __ _ _ _ __
Checked by:
- - - -- - --
Conforme:
(Name and Signature) (Contractor)
CONTRACTOR'S CONFIDENTIAL PREOUALIFICATION STATEMENT I, - - - - -- - -- - - - - -- -of legal age, with a~dress at _ _ __ - - - - - - -- - - - after having been duly sworn in accordance with law hereby depose and say:
1. That l am t h e - - -- - -- - - - - - of the _ _ __ _ __ _ _ _ __ , (Designation) (Name of Contractor) duly authorized to make this statement, evidenced by the attached written authority from the owner(s)/Governing Board of the Contractor (Annex 1).
2. That I hereby present the following information in response to the invitation for application for Phase 1 Prequalification of Contractors for Project of the - - -- -- - - - - A. GENERAL INFORMATION
1. Name of Contractor - - - - -- - - - - -- -- -- ----- - -- - -2. a. Home/ Office Address - - - - - - - - -- - - - - - - - - -- - - -
b. Telephone No. c . Cable Address d. T>elex No. 3.
a. In the case of a foreign contractor, Philippines Address, if any - b. Telephoe No. ·
-
----
4. Type of Contractor's Organization (Please Check): ( ) Sole Proprietorship i l CorpOr.ation ( ) Partnership
( ) Joint Venture
5. a. Person Managing the affairs of Contractor's Organization - - -- - - -- -- b. Designation c. Certified copy of his appointment/designation and authority (Annex 2) .
6. Type of projects for which Contractor wishes to pre-qualified (Please Checkl ( l Roads ( ( ( ( ( ( (
478
) ) ). ) ) } l
Bridges Buildings Flood Control and drainage Ports, harbor, dredging Water Supply · Multi-purpose projects Others (Please specify) - -- -- - --
-
- - - - - - --
---
B. LEGAL ASPECTS
1. Date Contractor's organization had been organized - - - - - - - - - - - - - -
2. Place of registration - - - - - - - - - - - - - - - - - - - - - - - - 3. Certified copy of Contractor's License for the current year (Annex 31 4. Certified copy of contractor's latest privelege tax Receipt PTR (Annex 4)
5. .If Contractor is a Sole Proprietoship a. Certified copy of Certificate of Registrat!on (Annex 5} b. Name of Owner------------------------------------------------
6. If Contractor is a Partnership
a. Certified copy of Deed or Articles of Partnership (Annex 6) b. Partners: Value of Contribution
Name
7. If Contractor is a Corporation
a. Certified copy of Articles of Incorporation (Annex
7}
b. Stockholders and others financially interested in the corporation owning 5% or more of the stocks and other interest. as certified by the Securities and Exchange Commission. Types of Stocks Name
and/or Interest
Value
Extent of Financial Control
c. Members of Governing Board of the Corporation, as Certified by Corporate Secretary Name
Designation
8. If Contractor is a Joint Venture: a. Certified ~opy of Agreement and Articles of Joint Venture (Annex 8) b. Certified copy of a Joint Venture License per Republic Act No. 4566 (Annex 91 c. Contractor-members of Joint Venture Name
Designation
9. In the case of a foreign Contractor, Certificate as bonafide contractor from its embassy or consulate (Annex 10)
479.
10. Extent of Filipino ownership of the assets of Contractor's Organization: _ _ _ __
.%
C. TECHNICAL ASPECTS
1. Experience
a. Contracts completed by Contractor in the last 5 years:
Name of Project
Description
Owner
Cost
Date Started
Scheduled Date of Completion per Contract
Actual Date Completed
Remarks
b. On-going Contracts undertaken by and those not started but awarded to contractor as of this date: Name of Project
Description
Owner
Cost
Date Started
Expected Date of Completion
% of Work done to date
Remarks
2. Equipment a. A major construction equipment in running condition owned by contractor, supported with proofs on ownership. Number
Type
Capacity
Years of ·. Service
Present Location
Present replacement Cost
3. Organization a. Certified copy of Contractor's organization chart (Annex 11) b. Key engineering personnel:
Name
480
Construction Position
Years of Years with Experience
Type of Construction Contractor
Experience
c. Number of Technical (engineering) personnel from foreman up: - - - - -- - d. Number of other techn ical personnel below fOf'eman: - - - - -- - -- - - - -
4. Additional Performance Data a. Contracts which Contractor has failed to complete: Name of Project
Location
Reasons for Failure to Complete
b. Contracts which an official/partner/associate/joint venture member of Contractor has failed to compiete. Name of Official/ PartnerI Associate
Reasons for failure to Complete
Name of Project
D. FINANCIAL ASPECTS FINANCIAL STATEMENT AS O F - - --
-
- - - 19_ ·
ASSETS {1) Cash:
(a) On Hand (b) In Bank (cl Elsewhere
, ______
, ______
(2) Assets Receivable:
(a) (b) (c) (dl
Due within 60 days Due 60 to 120 days Due after 120 days Past due Total Less: Reserve for estimated uncollecti · ble notes
, ______
(3) Accounts Recebables:
(a} From Completed Con~racts approved for (b) Sums earned on uncompleted contracts as shown by Engineer's or Architect's estimate Less:
Retainage - - - - - (c) Other than "Contracts" Total Less: Reserve for estimated accounts (4 ) Deposits
, _____
fof bids or other guarantees:
(al Recoverable within 90 days (b) Recoverable afaer 90 days
481
(5) Inventory (a) Cost of Completed Contracts not yet approved for payments (b) Cost of Construction in progress (not included in item 3 tb) above (c) Construction Materials in Stock
, _____ , _____ , _____
(6) Furniture and Fixtures: Cost Less: Reserve for Depreciation (7) Equipment
Cost Less: Reserve for Depreciation (8) Read Estate Owned:
(a) Used for this business (b) Used for other Purposes (c) Not used for business purposes (may be shown under "Investment") Total Less: Reserve for Depreciation
P- - - - -
(9) Investments (Itemize below): (a) (b) (c)
(10) Other Assets (Itemize be!owl: (a) (b)
(c)
, _____
(d)
TOTAL ASSETS
vvvvvvvvvwvw
LIABILIT.ES AND NETWORTH LIABILITIES (t) Not6$ Payable:
(a) (b) (c) (d) (e)
To Banks "for regular conduct of business'' To Banks "for Certified checks" To others "for regular conduct of Business" To others ''for Equipment" To others " for Sundry Purposes"
, _______
(2) Accounts Payable Net Due
Past Due
"tal Business (b) Other {3) Accrued Liabilities tltemize below)
(al {b) -------------------------------~ __________________________ ~---------
482
(41 Long-Term Obligation (Itemize below .and indicate assets pledged as
Sec:urrtvi
(a) (b) - - - -- - - -
(5) Ottler Liabilities (Itemize below): (a) - --
-
- --
-
(b) - - -- - -- -
(6)
Reserves-~r
than Depreciation
(a) - - - - -- - (b) - - - - -- - -
, --------------
TOTAL UABIUTIES NET W 0 RTH
If Proprieunhip or Partnership Proprietor or Partrwrs
Less: Peraonal drawings Total Add: Net Income for the Period TOTAL NETWORTH tf Corporation or Joint Venture (f) Capital Stock: Preferred (Describe fully)
Total Add: Paid-in Surplus (if any) Total Capital Stock Paid-up
, _____
(b) Surplus Appropriated (Itemized below)
1. 2.
3. 4. Appraisal Surplus if a n y - - - --
- -- - -
TOTAL NETWORTH TOTAL LIABILITIES AND NETWORTH
, ____ _ , _____
AUDITOR'S OR ACCOUNTANT'S CERTIFICATE TO WHOM IT MAY CONCERN: 1/We certify that 1/ we have examined the books and acoounts of: -
-
-
- - -- - -
(Name of Contractor !Business Address)
483
an individual proprietorship/partnership/association/corporation have prepared the foregoing Financial Statement; and have verified the items appearing therein in accordance with the approved accounting and auditing standards; and, in my/ our opinion, the foregoing Financial Statement fairly reflects the true financial condition of the aforesaid contractor as of the date stated above. Date {Date of Certificate)
Place {Accountant's Office Address)
(Name and Signature) Certified Public Accountant Registration No. -~------- License No. - - - - - - - - - - Dates Effective - - - - - - - - - From To
F. AFFIDAVIT 1hereby certify that all information in this Phase 1 Prequalification Statement, including the annexes and enclosures thereto, are true and correct, and I hold myself liable, criminally or civilly, for any misrepresentation or false statement made therein. In faith whereof, I have hereunto affixed my signature this - - - -- -- - day of , affiant issued on
_ _ _ __ __ _ , 19__ at
Notary Public
19_
Unitl PTR No. date place
Doc. No. - - -- - - Page No. - - -- - --
TAN
Book No. - - - - - - Series of 19~ CREDIT LINE CERTIFICATION Sir: At the request of our client - - - - - - -- - - - - - - - -- - - - - - we are pleased to inform you that said contractor has arranged a Credit line in the amount of - - - -- - -- - -- - - - - - -(tt ) which will be used exclusively to finance the construction of the - - - - - - - - - - -- - - - - - The above amount will be held until we receive an advise from your office to release same.
This certificate is not valid unless properly and officially marked as Credit line by our bank. This Credit Une may be inspected anytime by your office. (Signature) (Designation> (Name of Bank) (Address)
484
REPUBLIC OF THE PHILIPPINES) S.S. CITY OF ) SUBSCRIBED AND SWORN TO before me this
day of - - - - - -
19__, the affiant exhibiting to me his Residence Certificate No. _ _ _ _ _ _ issued on , 19__ at Philippines.
Notary Public _ _ _ 19__ Until _ __ Address-----------Doc. No. Page No. Book No. _ _ _ __ Series of 19 __ . (Annex 16) LEASE OF EQUIPMENTS
Sir: This is to certify that the undersigned lessor has entered into an agreement for the lease of the equipments listed hereunder to located at (Name of Project! - - - - - - - - - - - - - - - - - - - t o wit: ((Address in Full) Name of Equipment
Serial No.
Condition
Specific Address
The agreement for the lease of the afore-cited equipment shall be effective the moment the said contractor is declared the contract awardee. The contract of lease shall be executed im· mediately after the award of the project and a copy shall be furnished by us to your office within ten (10) days after the award. It shall be our duty to find out from the Contractor when the award is made by your office. The mentioned equipments will not be pledged to other Contractors in any other project until the above project is completed or else authorized by your office for its withdrawal. This Certification is being issued in favor of -------~---------• not (Name of Contractor) merely to help them pre-qualify for this project as we are aware that any false statement issued by us would make us liable for per jury. In case, any of the equipment mentioned above is not released to the contractor on time, we agree to be black-listed and in the future, all certifications by us for the lease of equipments shall not be honored by your Architectural/Engineering Firm.
485
IN FAITH, we hereunto affix our signature t h i s - - - - - - day of-- - - - Philippines.
19_ _ at
Concurred in: (Contractor)
(Affiant Lessor) (Address in Full) T.A.N.
REPUBLIC OF THE PHILIPPINES)
s. $.
)
SUBSCRIBED AND SWORN TO before me this . day o f - - - - - 19_ _ , the affiant exhibiting to me his Residence Certificate No. issued on - - - - - - - - 19__ at , Philippines.
Notary Public Until - - - - - - - - 19__ T.A.N. Address in ful\ Doc. No. - - - - Page No. _ __ Book No. _ _ _ __ Series of 19 __ .
(Annex 17)
RESIDENT ENGINEER'S CERTIFICATE OF EMPLOYMENT (To be accomplished in dupricate & handwritten by Engr. l !Date)
S ir: I hereby certify that - - - - - -- - - - - - - - - has/had engaged my (Firm name of Contractor) services as Resident Engineer on the Contract of the _ _ _ _ _ _ _ _ _ _ ____,__ if awarded to him/them. NAME OF PROJECT
1. 2.
3.
486
OWNER
·COST
DATE COMPLETED
In case of separation for any reason whatsoever with the above mentioned contractor. I shall notify your firm at least ten (10) days before the effective date of my separation. I have read carefully and will abide by the conditions required of me in the Supplemental Letter to the Contractor's Statement of Qualifications. I as Resident Engineer, know that I will stay in the project area all the t ime to supervise and manage the project to the best of my abifrty, am aware, that lam only authorized to handle one ( 1) pr~t at a time.
I will not allow the use of my name for pre-qualfflcation purposes for the above mentioned contractor, which I understand will be sufficient ground for my qualification as a Resident Engineer in any future bidding or employment for any Contractor doing business with your architectural f irm . At present, I am supervising the following project: NAME OF PROJECT
OWNER
COST
OATE COMPLETED
1.
2. 3. I am licensed Civil Engineer with professional Ucense No. _ _ _ _ date _ _ _ _ __
(Signature abowe printed name of R · 1eu Engineer)
: Engineer's : :dry seal : IAddress in Fun I
REPUBUC OF THE PHIUPPINES)
) s.s.
)
SUBSCRIBED AND SWORN to before me this--....,....--
- - day of - - -- - -
19__ the affiant exhibiting to me his Residence ee. ti~ No. ______ 19___ at _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
issued on
----
Notary Public Until _ _ _ _ __ _ ___ l9__ (Address in Fufll
Doc. No. _ __ _ _
P~
No. - -- --No. _______ Series of 19 __ . 8~
487
(Annex 181 .
.
SUPPLEMENTAL LETIER RE. RESIDENT ENGINEER
tOatel
Sir: Supplementing our Confidential Statement of Qualifications required
f~
the proposed
- - - - - - - -- - - - - - located at - - - - - - -- - - - - - (Name of Project) 1/ We have the honor to submit and certify herewith to be true and correct, the following pertinent informations: 1. That l / We have engaged and contracted the services of Mr. - - - - - - - - - (Hereafter called the Resident Engineer) a registered Civil Engineer with professional license certificate No. , issued on , 19_ _ , has paid his Professional Tax for 19_ _ , dated 19_, and has managed or supervised the construction of projects enumerated in the Stat~nt of Qualifications.
2. That the Engineer shall be appointed and designated by us as our Resident Engineer to personally manage and supervise the construction of the above mentioned project, if and when the same is awarded in our favor. 3 . That said Engineer shall employ the best care, skill and ability in supervising the project in accordance with plans, standard Specifications, Special Provisions, Supplemental Agreements and/or Change Orders and Conditions embodied in the proposed contract. 4. That said Engineer shall be personally present at the jobsite to supervi138 aU phases of 1he construction work at all times. 6. That in the event I/we elect or choose to replace said Resident Engineer with a new one, your office w~l be notifed by us in writing within ten ( 10) days before making the replacement. The name, qualifications, experience list of projects undertaken and other infonnation pertaining to the new Resident Manager, shall be submitted for your approval. 6. That the new Resident Engineer shall comply with a\1 the foregoing requirements.
mv
7. That any willful violation on myI our part of the here;tin conditions may prejudice stan· ding as a reliable contractor in future invitations for proposal& to be called ·bV your Architectural
Firm.
Very truly yours,
CONCURRED BY: (Name of Resident Engineer)
(Name of Contractor)
(Address in Full) TAN _ _ __
488
_
_
(Address in Full) _
TAN _
_
_
_
_
_
A. (Annex 20) (To be accomplished in duplicate) Handwritten by Foreman {Date)
S ir:
has/had (Firm Name of Contractor) engaged my services as Foreman for the contract of the proposed - - - - - - - - - - if awarded to him/them. hereby certify that
The following projects have been supervised by me as Foreman. (Mention only projects of the same nature NAME OF PROJECT & LOCATION
as that being biddedl
OWNER
COST
DATE COMPLETED
1.
2. In case of separation for any reason whatsoever from tne above-mentioned Contractor, I shall notify your office in writing at least ten t 1Ol days before the effective date of my separation.
1 will not allow the use of my name for pre-qualification purposes only for the abovementioned Contractor, which would be sufficnet ground for my disqualilication as a Foreman, in any future bidding or employment for any Contractor doing business with your Architectural Firm . At present, I am handling the following projects: NAME OF PROJECT & LOCATION
OWNER
COST
DATE OF COMPLETION
1.
2. (Full Name with Signature T.A.N. - - - - - - -(Address in Full) REPUBLIC OF THE PHILIPPINES)
) s.s. I SUBSCRIBED AND SWORN TO before me this___,_ __ _ day of - - -- - 19_ _ , the affiant exhibiting to me his Residence Certif.icate No. ------_issued on , 19_ _ at Phili~-tpines.
Doc. No. Page No. _ _ __ _ Book No. - - - Series of 19 - -·
Notary Public U n t i l - - - - - - - - - 19__ Address - - - - - - - - - -
-
489
REPUBLIC UY TH t: I"HILIPI'IN ~S MINIST llY O F l'VBLIC WOitJ<S ANP IIIOHWA YS
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OPWTC FORM No 17-006·8
CERTIFICATE OF FINAL INSPECTION REPU8LIC Of THE PHILII'I'IME$
DEPARTMENT OF PUBLIC WOIIKS. TRANSPORTATION AND COMMUNICATIONS C•re. ot Comolotion
OFFICE OF THE BUILDING OFFICIAL
N~o~mber
I I I I II I II I
1111111111
OoS TR I CT/C rT Y~UNIC I PAL rf Y
Ottco s"'bm;nea
AREA CODE ·-·-··········-- -··· - - -
Oece lawed
I r
I i I
OAT! ISSUED
LOCATION OF CONSTRUCTION
OA Tl OF COMPleTION
COST AS IIUIL T
S ubmitted the following documents as requ ire<J: 0
LvGBOOK
0
AS-BUlLT PLANS/SPEC'S.
lns!)ected ;,s to the following requirements:
LAND USf 1o ARCWL.
LINE
Numb
1 111111111
I
I
USE OR TYPE OF OCCIJPANCY
a GRACI
I I I I I I
I I
STRUCTURA L
SANITARY
ELECTRICAl
MECHANICAL
-.·- ·
6ttMII
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OWNER /A~PLI CANT
BLDG. PERM IT No.
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Th is certifies that the building/structure which has been designed aond constructed as
a
tUSE OA TYPl OF OCCUPANCY)
under El ldg. Permit No. - - - -- -- -
dated issued under the name of has been inspected and found to be in conformity with the appr~d plans and specifica· tions on file in this office and the provisions of the Natiolllll Suildin; Code (P.O. l096) and Its impleme~ting rules and regulations and therefore tN! building/structure may now be occupied or u.s ed. The ownttr shall properly maintain this building to e nhance its architectur~l well· being, structufll stability, sanitation and fire.protective properties and shall not be occu pied or u5ed for purposes other than its intended uM at stated aoove. This Certificate is iss~d In Kcordanoe w ith ~ti on 309, Ctwlpter 3 of P.O. 1096.
I
The construction of the above-described bu il ding has been found to be in order 11nd thtrffor the "Certificate of O<:cupancy" is hereby recommended for approval.
I
I I
I I I
I Chief. Enforcement Division
I
l Building Official
lluilditlil Official
NOTE: A certified copy hereof shall ~ POrttd within the premiMS of the building and shl tl not b
. 50
1Ws Construction is covered by BUtLDfNG ·PERMIT NO. - --
-
Date Issued -~-------
Owner____________~------------------------~ Ute or Type of Occupancy. ARCHITECT __
ADDRESS ------------------~-------------------
BUILDING OFFICIAL
REQUIRED STAN04RD SGM
{MADE a= WA1'ERPR<XJPI!D f'LYWOOP OR 0'11ERS PRI'11'EO AND ~ 9V -nE BtiiW~ OF'F1C14L AND ll'NSPJCt:JOUSLY CfSA.AY&D AT iHE CON5TR\Jcl10N SllE) I
Name of Project
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Owner ARCHITECT tUII.QINI P ! RIII l T NO.
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PERSPECTIVE
....
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8UP!I'IVICIMG ARCHITECT COHTIU CTOR STIII UCT UilAl. EMIUI. I t SAHITA RY , ...lt4ll:. PR~-
II!L(CTRICAL f.M.IMe
PRO, , MEfHAHICAL EHGIIC. .
497
BIBLIOGRAPHY
United Architects Phils. Documents UAP Doc. 201 UAP Doc.. 202 UAP Doc. 203 UAP Doc. 204 UAP Doc. 205 UAP Doc. 206 UAP Doc. 207 ·UAP Doc. 208 UAP Doc. 209 UAP Doc. 210 UAP ACE Program Documents Labor Code of the Philippines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nolledo P.O. 10% Building Code of the Philippines Civil Code of the Philippines R.A. 545 Fire Code of the Philippines MaJ1(eting Architectural and Engineering Services, 2nd Edition . . . . . . . . . . . . . . . . . . Weld Coxe !Von Nostrand Reinhold Co.) Architect & Engineers guide to office practice . . . .. . . . . .. . . .. .. . . . . . . . . . . . . . . . .. . . . .. Jack Lewis CPM Method ..... .......... .............. ................ .... .. ........... ... ...... ... . T. J . G. Simms 4th Edition Manual Pert CPM for Construction Management .. .. . . . . . . . . . . . . . . .. . . . . Paencor
498
INDEX A Activities ... . ......... . .... .. :~ ..... ............
40
Administration .. .... . ..... .. ... 142, 162, 353, 366 Scope .. . .. . . .. ..... . ... . . ...... .. . .. ...... 162 Building and Ground ... .. .. .. .. .. . .. .. .. .. .. . 353 Advantages . . . . . . . . .. .. . . . .... .. . .. . .. .. . . . . . . . 386 Disadvantages .. . , .. .. . . . . . . .. . .. .. .. .. .. . 386 Addition . .. . . .. . . . . . . . . . . . . .. . .. . . . .. . . . .. . . . .. . . .. . . . . 44 Advertising . . . . . . .. . . . . .. . . . .. . . . . .. . . . . . .. . .. .. . .. .. .. 375 Samples .. .. .. .. .. .. .. . .. .. .. .. .. .. .. .. . .. .. .. . .. . 375 Administrative .. .. .. .. .. .. .. .. .. . .. .. . .. . .. . . .. .. .. .. 79 Sanctions and Procedures .. .. .. .. .. .. .. .. . 79 Agencies.. .. . .... ....... . ....... ......... .. .. .. .. .. .. .. 37 Involved in Shelters . .. .. .. .. . .. .... .. .. .. .. .. 31 AgrM:ultural .. .. .. .. .. .. .. .. .. .. . .. .. .. .. .. .. .. .. .. .. . 58 Alleys ... . ........ . ...... ... .. ... :................. .. .... 82 Datas ... .. .. ........ ..... ............ ............. 82 Alteration ..... .... ....... .. ........ ....... ...... ..... . 44 Ancillary .. .. ...... ,... ...... ... .... ........... ...... . ... 58 Anchofage ...... ...... .. ...... .... .. " ... " .. .. " ... ... 68 Analysis. ......... .... ..... ... . .. . .. .. ........... .. 420,421 Schedule .. .. . .. ... .. .. .. . .. .. .. . . . 420, 421, 422 Architect .. .. . .. . .. . . .. .. .. .. .. .... .. 4, 218, 223, 328 Code of Ethics
Responsibilities ...... ............... 218,219, 220 Selection .. .. .. .. .. .. .. . .. .. . .. .. . . .. .. .. .. . .. . 233 Services ...................... ..... .. .... . " . " .. . 328 Fee ... .. ... ......... ..... ........ ... .. ...... .. .. .. 330 Architectural .. .... . .. . .. .. .. .. .. .. . .. .. .. .. .. .. .. .. . . 58 Arbetratlon ........... .... .. .. .. ......... ......... 334,398 Authoritv .. .. . .. .. . .. .. .. .. . .. .. .. .. .. . .. .. .. . .. 340, 342 Umitatioo .. .. .. . .. . .. .. .. .. .. .. . . . .. 340, 342, 349
B 176 Balcony 143 Benefit Monthly Pension ... ................ .. ....... .. 143 Dependents Pension ............. .. . .. ... ..... . 143 Retirement Benefit ................... .... .. .. 144 144 Death Beneficiaries .... .. ......... .. .... .. .. Permanent Disability ......................... .. 144 Completed and Permanent Less .. .. . .. . .. . 145 Funeral Benefits.... .. ....... .... .............. 146 Sickness .... .................. .. .. ....... .. ....... 146 Materni1y Leave........ .... ... .. ... .. . .... 142, 147 Non-Transferability ......................... :· 148 Exemption from TalC .. .. .. . .. ... . ..... ...... ... 148 fee of Agent .. .. ...... ... .. ... ..... .. .. .... ..... 148 Medical Care .... .. .. .. .. .. ...... .. .. .. . ... 153, 155 Limitations .... .. . .... .. . . .. . ... ... ... .... .. . .. .. 155 Exclusion .. . .. .. .. .. . ..... ...... .. .. . ...... 156 Sids. ..... .. .. : ..... ..... ... .. . .. ........... .. .. .... ....... 377 PreparCitions .. .... .. .. .. .. .. ...... .. . .. ... . ... 3n · Evaluation .. .. .. .. .. .. .. .. .. . . .. . .. .. .. .. . .. .. .. . 378 Bidders .. ..... ..... ..... .. .. .. ... .. .. .... .. ... ... .. .. .. 369 Prequalifying . .. .. .. .. .. .. .. .. .. .. .. . .. .. . .. .. . .. 369
Invitations .. .. .. .. .. .. . .. . .. .. .. . .. .. . .. .. . 370, 375 Documents.. .. .... ..... .. ... .. .... . .. .... .... ... . 371 Analysis .. .. .. .. .. . .. .. . . .. . .. .. . .. .. .. .. . .. .. . 372 Board Resolution .... .. ..... ... 20. 22, 23, 25,.28, 29
Bonds..... ..... ...... .... ...... .. ....... .... ...... .. ....
391 391
Performance .. .. .. .. .. . .. ... .. .. .. .. . .. .. .. .. .. . Bridges .. .. .. .. .. .. .. .. .. . .. .. .. .. .. .. . .. .. .. .. .. .. ..
176
Brochures .. .. .. .. .. .. . .. .. .. .. .. . .. .. . .. .. . .. . .. .. . .. . 298 Building . . . . .. .. .. .. .. .. .. .. 75, 308. 385 Abatement. Demolition .. .. .. .. .. .. . . .. .. 75, 78 Dangerous . .. .. .... .. .. .. . .. .. .. .... ... .. .. .. List Contracrors
76, 78 308
. . ...... .. .. .. .. .... ..... ........ .. .. .. .. .. ... .. .. .. .. ... .. .. .. .. .. .
395
c Canopo,
Capital..
CaRificates Refusal Su.spenSIOO
. ..... .. ........ .. ........... ..
.. .. . .. .. .. .. . .. .. .. .. .. . .. ..
. ... . .. .. .. .. .. . .. .. .. .. .. .. . .. .... ... .............. .. .. .. .. .. .. .. .. .. . .. .. .. .. . .. .. .. ..
86 2.09
8 8 8
Reissue . .... .. ... . ... .... .. .. ............. .. .. . 8 Certif~ea tio n s . .. .. .. .. . . .. . .. .. .. .. .. .. .. .. .. .. .. 00 Chan .... .... .... ............. .... .... ... ... 337, 404,405 Organizational . ... .. .. ..... ... .......... ..... 337 Chutes . ... .. ...... .............. .. .. ............ .. .. .. 100
Cterit . .. .. .. ...... .... ... .. .. .. .... .. ... ........... ....
40 Collection . .. .. . .. .. . .. . . .. .. .. . .. .. . .. .. . .. . .. .. . .. .. . 9 Communications .. . ........ .. .. ... ............ 305,313 16 Composition .. .. . .. .......... , .. . .. . . .. .. .. .. .. .. .. .. Competition .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 225 Architectural Design .. .... .... .. ........ . 225, '2S7 Concepts .. . .. . .. . .. .. .. .. .. .. .. . .. .. .. .. .. . .. .. .. .. .. 342 Consultants .. .. . .. ...... .. ... .. .. .. . .. ... 274, 314, 336 RssponsibiJlty. . .. .. ..... . . .... . .. .. .. .. . .. . .. .. . . 274 Structural . .. .. .. .. ... .. .. .. . .. .. .. . .. .. .. .. .. .. . 275 Mechanical. ........... ... .. .. .. ... ........ .. . .. .. 276 Electrical ....... ......... ...... .. ............ ...... 276
Cost Estimating . .. .. .. .. .. .. .. . .. .. .. .. .. .. . .. .. 276 Hardware .. .. . .. . .. .. . .. .. .. .. .. .. . .. . .. .. . .. .. 276 Specifications .. .. . .. . .. . .. ... .. .. . .. .. .. . .. . .. . 2n Landscape .. . .. .. . . . .. . .. .. .. . .. .. . .. . .. .. . .. . Specialized......... .... .. .. ... ..... ....... ....... 2n Architect. .. .... ....... ... .. .. . .................... 278 Libraries .. .. .. .. .. .. . .. . .. .. .. . .. .. .. .. .. .. .. .. . .. 278 Contractor .. .. .. . .. .. .. .. . .. . .. .. .. .. .. .. . .. .. .. . .. .. .. 363 Functions . .. . . .. . .. .. .. .. . .. .. .. .. . .. .. ..... .. .. . 363 Contract ... ....... . ... 195,328,342,363,375, 382 Essential Requisites .. .. . .. .. . .. .. .. .. .. . .. .. 195 Object of Contracts .. .. .. .. .. . .. .. .. .. .. .. .. . . 197 Cause of Contracts ... .. .......... .. .. .. .. .. .. 197 Form of Contracts .. . . .. .. .. .. .. .. .. .. . .. .. .. .. 197 Voidable of Contracts ...... ........... .. .. .. . 197 Construction Management . .. .. .. .. ... 342. 346
zn
Types ....... ... ......... .. ..... .. .. ..... .. .. .. .... 363 Advantages .. ............. ........... .'. ... .. . .. 366 Disadvantages .. .. .. .. . .. . . . .. .. .. .. .. .. .. .. .. . 366 Awarding .......... ...... ... .. : .. . .. . .. .. 375, 378
499
Negotiated .. . . . . . . . . . .. . . . . . . . . .. . .. . . . . . . . . . . . Price &calation . .. .. . .. .. .. . . .. . .. .. . . .. . . . .. . . .
379
Amount .... . ......... .... .. .. ........ . ... 402 Sub-Contract . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . 404 Construction . ........ 44, 68, 119, 241,229,348,353 Regardless Types . .. .. ...... ........ ..... 58, 119 G~Jneral . ... .. .... ..... .... .. .. . .. .... ........... 68 Mate1ial . .. . .. .. .. .. .. . .. .. .. .. .. .. .. .. .. . .. . .. .. . 68 Illegal .... ........ ......... ....... , .. . .. .. .. .. . . .. . 78 Forces ....... . .' .. . .. ....... .. . . ...... ...... .. .._.... 229 Control •.. . .. .. . .. .. .. . .. .. .. .. .. .. .. . . .. .. . .. . .. . .. .. . 230 Authorities .. .. .. .. .. . .. .. .. . .. .. .. . . . .. .. . .. . .. 230 Corporation ... ...... .... .............. .... .. 9, 260,443 Corporate Practice . .... ............. ....... .. .... .. 14 Cost .. .... ...... .......... ...... ........... 246,231,416 Project Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . 246
D Demolition ...... ........................ ... . .. 44, 99, 101 Wall and Chimneys .. .. . .. .. . .. .. . .. .. .. .. .. .. '01 Roo"' .. .. .. .. ..... .... .. .... .. .... ... .. 101
Desi gn-B uild Design . .. .. .. .. .. .. .. . . .. . .. .. .. .. .. . .. .. .. .. . .. ..
356 67, 2.28
General ........ .... ... ... .......... ............. .
Engineering
382
07
ff1 . .. . .. .. . .. .. .. .. .. .. .. .. .. .. . .. . . 67 Combined Loads...... .... ........ . .. .. . .. .. .. 67 Allowabte Stnls$8S .. .. .. .. .. ... .. . .. .. .. .. . .. 67
Windloeds ...... ... ... .... .... ........... ... .... Seismi~ loads
Architects and Engineers .. .. .. . .. . .. .. .. . .. DirtM:tOJs... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . National Boards .......... .. ..... ....... .........
228
211 211
.. . .. .. .. . ..... .. , . .. . . .. .. .. . .. .. .
56 56 56 56
Geodetic .. . . .. . .. .. .. .. .. .. .. . .. .. .. .. .. •.. . .. .. ..
Structure, Civil .. ............. . ... .. ... .. .... Sanitary Plumbin<J.. .. .. .. . .. .. . .. .... ... .. .. .. Eletrical . .. .. . .. .. ... .. .. . .. . . .. . . .. .. .. . .. 56, 58 Mechanics I... ......... ....... ....... ........ ... . . 56 Erection . . .. .. . .. .. .. .. . .. .. .. .. .. .. .. . .. .. . .. .. . .. .. .. . 44 Errors ...... .. ..... ..... .... .. . .... .... ... .... ..... .. .. .. 413 Common ..... ........... . ...... ...... ......... ... 413 Estimates ...... ....... ........... ............... 333, 417 Resources . ... .. . ... . .. ....... ........ ... .. .... 417 Evaluation . .. . .. . .. .. . .. .. .. .. .. .. .. . .. .. .. .. . 54, 353 final . .......... ...... .. .. ... .. .. ... .. ...... ...... 54 Post Construction .. .. .. . .. . .. .. . .. .. .. .. .. . .. .. 353
Events ...... .... ..... ..... ............. .... .. .. ...... ....
41
Examinations.... .... .... .... .. .. ... .... .. ......
6, 12, 33 Excavation .. ........ ...... .... ... , . .. .. .... .. .. .. . .. . .. 91 Executive . ..... ... .... .. .... ..... ..... ........ ... .. . .. 3 Exemption . .... .. .. ... .... .. ............ ... . ...... ... . 5 Exits .. .. .. . .. . .. . .. .. .. .. . .. . .. .. .. . .. .. .. .. .. .. . 168. 1n Access ...... ....... ......... .... ... . .. . ....... . 168 Interior Ways .................................... 168
Discharge .. ........ ...... .. .. .. ........ ...... . 169 Passageway ....... ........ ... ... .... :.......... 180 Protective Enclosure ........ ... .. ... .... . .. . 180 Masking .. .. . .. . .. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. . . 180 Experience .. .. . .. .. .. .. .. .. . .. .. ... .. .. .. .. . .. .. . 35, 317 Exhibits ..... .. .. .. .. ... ... .. .. .. .. .. .. . .. . ... 317 Quality . .... .'...... .. .. .. .. .. . .. .. .. .. .. . .. .. .. .. 35 Entertain1Yler1t .. . .. .. .. .. . .. .. .. ... .. .. .. .. .. .. . .. .. . 298
Disputes .. .. .. . .. . .. .. .. .. .. .. .. . .. .. . .. . . .. . . .. .. . . .. ..
398
Doors.... .. .... ........ ....... ......... ............... .
1n
F
Power Operated...... ..... .. . ... .. ..... ..... , , . . Screen and Storm . .. .. .. .. . .. .. .. .. . .. .. .. .. . .. Revolving . .. . .. .. .. .. .. ... .. ... .. .. .. .. .. . .. .. .
172
Facilities . .. .. .. . .. .. .. .. .. .. .. .. .. . .. .. . .. .. .. .. .. .. . 39f Sanitary . .. . .. . .. . .. . .. .. .. .. .. .. .. . .. .. . .. .. . . .. 39b First Aid .. . .. .. .. .. .. .. . .. . .. .. .. .. .. . .. .. . .. .. . 395 Water ....... .. ........ ..... .. ....... ........ ...... 396 Power ..... .... ...... .... . ....... ........ .. .. .. .... 395 Telephone ...... ....................... ......... 395 Stair Ladder .... .......... ... .. , .. ... . ... 395 Ramps.. .. ... ............... .... .... ... . 395 Runways .... .. ..... .. ...... ... .. .. .. ... ...... .. 396 Elevators ....... .. .......... .... .......... .... ... 395 Hoists. ........ ...... ........ .. . ...... ...... ... .... 395
1
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Documenh .... . .. .... .. .. .. .. .. . .. .. .. ..
46, 245, 324 Architectullll .. . .. .. . .. . .. . . .. .. . .. .. .. .. .. .. .. . 46 Structu 1111 •.. .. .. .. •.. .. .. .. .. •.. . .. •.. . .. .. . .. .. 46
50
Sanitary .•. .... ..... .... .. ......... .... ... .. . .. . .. Meche-nics .. .. .. .. . . .. . .. . .. . .. .. . .. .. .. . .. .. .. .. Electrical ....... .... .... .......... , .. . .. .. . .. . .. . ..
56 56
Contract .. .. .. .. . .. .. . .. .. .. .. . .. .. . .. . .. .. .. .. .. .
241
OwnershiP .. .. .. ... .. .. .. .. .. .. .. ... .. ... .. 245. 324 Drawings .. . .. . . .. .. .. .. . .. . .. .. . . .. . .. . .. . .. .. .. .. . .. 394 Shop .. .... ...... ..... .... .. ..... ..... .... ... .. ... 394 Driveways . .. .. .. .. . .. .. .. .. .. .. .. .. .. .. .. .. .. . .. .. . .. . 73 Entrance . . .. .. .. . .. .. . .. .. . .. .. . .. .. .. .. .. .. .. .. .. 73 Exits ... ......................... ..... .. ....... ... 73 Dummy Activity .. .. .. .. ... ..... .. ... .. ...... 413, 414 Duration .. ... .. ... ,...... .... ... .. .......... .... ... .....
415
Estimates ... .. .. .. .. .. ... .. . .. ... .. .. .. ... . ... ..
415
E Effectivity .. .. . .. .. .. . .. .. .. . .. .. .. .. .. . .. . .. .. .. .. . .. .
18
Electrical... ... ....... .. .. . .. .. .. . .. . .. .. .. . .. .. . .. . .. 50, 53 Elevation ... ....... .. .......... .... .. .. ... 120,339, 170 Established Gntde .. .. .. . .. .. .. . .. .. .. . .. .. .. .. Grade !Adjacent!
120
Ground .. ............ .. ......... ...... .......... . Employment ........ ................ .... ..... ... ... ...
119 128
Condition .. .. ... .. .... . .. ... .... .... ... .... .. 128 Coverage ..... ....... ....... ... :.... .... .. .. .. .. 128 Enclosure ...,._. ..... .. . ..... .. ... ...... . .. ... ... 173, 306 Erfforcement .. ...... . ...... .... . ..... ... ... ..... ....
500
10
426
Feasible . .. .. . . . . . . . . . . .. . . . . . . . . .. . . . . . . . . . . . . . Studies .. .. .. .... . .. .. .. .. .. .. .. . . .. .. . .. . .. .. Examples . .. . .. .. .. ... .... .. ... .. .. . .. .. .. . .. ..
426
426
Fees . .. .. .. .. .. .. .. . .. .. .. . .. .. . .. .. . .. . .. ...
a. 326, 333 Basic .... ..... ...... ...... ......... . ........ .. 333 Payment .. ...... ........ .. .... .... .. ....... ...... 60 Disposition . .. . .. .. .. . .. . .. .. . .. .. .. .. .. .. . .. . .. .. 60
Fencing .. ......... .. .... .... , .. .. .. .. . .. . .. . . ..
58, 85
Financial.. .......... ............ ... .......... ... .... .... Accounting Systems.. .. .. .. .. .. .. .. .. .. .. . ..
282
Creditand Loan .... ......... ._................. .. Project Budget . .. . .. .. .. . .. .. .. . .. .. . . . .. . ..
384 384
Fire Load.... ..... ........... .... .... ...... ..... . .. ...... PrO\Iision ... ... ...... ............ ..... .... ...... .. :
159 159 159
Definitions ... .. ....... ......... .... ..... ........ . Fire Allerting System ...... .. ..... .. .. ......... . Fire Resistance Rating .. .. . .. . .. ..... ..... .. FireWall .... .. ........ ...... ......... .... .... .. .. . Flame Spreading Rating ................... ..
Rame Retardant .......... ..... .... .. .. .. ... .. Fumigant
283
161 161 161 161 161 161
Means of Egress .. .. .... .. .. . .. .. .. . . .. ... ... . 161 Occupant Load . .. . .. .. .. .. .. .. . ... .. .. .. . .. .. . 161 Panic Hardware ........... ... . .. . . .... .... .... . 161 Plenum .. . ... .. .. .. . .. ... .. . ... .... .. .. ... ...... 161 Safety Inspection . ... .. .. .. .. ... ... ......... . .. 161 Protection . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . 187 Fire Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . 53 Firm................ ....... . .. .... ......... ........... .. 306 Image ........... ... .... .......•.. .. ............ . 306 Float . . . . . . . . . . . . . . . .... . , . . . . . . . . . . . . . . . . . . . . . . . 415, 423 Format .............. .. .. . .. ... .. .............. .... 401 Building Contract . ... .. • . ... . ... ...... ... .. . 401 Scope. .. .. .. . ... .. .. .. .. ... .... .... . .......... 401
G Government .. .... . .. . .. .. ... ... .. ....... . .. .. .. .... .. Guarantee, .. .... ...... .. ... . . .... ....... .. .... ....
150 150
l Land ··· ·· .. .. .. ..... .. .. .. ...... ...... ...... ... Ownership ........ . .... . . .. . .. .... ..... .. .. . .
\..and Uae
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . .
443 443
55
Letter .. . . .. .. .. . .. .... . .. .. . .. . ... .. . .. .. . . ... . .... . 316 Liability . . . . . . . .. .. . . . . . . . . . . . . . . . . . . . .. . .. . . . . . . . . . . 9, 300 Licensure . .. ... ... . . ... .... . ....... .. . . .... .. . 12, 33 Light ........ ............... ...... .. ........ ..... 395 Barricades ........ .. ........ , . . . . . . .. .. . .. . . . . . . . 395 Lighting ...... ..... ....... ... . . .... .. .. ..... . ....... 113 Artificial . . . . . . . . . . . . . . . . . .. . .. . . . . .. .. .. .. . . . . . . . 113 78 Location .... .. ... .... ........ . ....... , . . . . . ... . . . . . . . . . 78 Improper.. .. .. .. .. ........ .. .... . ...... . .... .. .... Log Book ..... .. ........ .......... . .. ... ... ...,. .. .. . . 32 Lump Surr. .. . . . .. .. .... . . . .. . . . . .. . . . . .. . .. . . . . . . . . . . . . 363 Advantages . .. .. .. .. .. .. ........ .. .......... .. . · 363 Disadvantages . . . .. . .. . .. . . . . . . . . . . . . . ... . .. . . . 363
M
H Hazards . . . . .. . .. . . . . . .. . .. . .. .. . . . . . . . 77, 164, 165 Structural . . . . . . . . . . .. . . . . .. . .. . . . .. .. .. . . .. .. . . 77 Fire ... .. . .. .. . .. .. .. . .. .... .. .. . .. .. .. . .. . ..... .. . 77 Electrical Wiring.... ... .. .. . .. ..... .. .. .. .. .. ... . 77 Mechanical Installation . . . .. .. . .. . . . . . . . . . . . . . . 77 Sanitation . . . .. . . . . . . . .. . . . . . . . . . . . . . . . . . .. . .. .. . Improper Occupancy . . . . .. .. .. . .. . . .. . .. . .. . 77 HEADROOM . .. . .. . .. . . . . . ... . . . . .. . . .. ... . .. . . ... .. . . 170 HEIGHTS . . . . . . . .. . . . . . . . .. . . . . . . . . . . . . . . .. . 111 Ceiling..... . .. . . . . .. . . . . . . . . . ... . . . . . .. . . . . . 111 Determination . . . .. . ... . .. . .. .. ... .. .. . ... .. . .. 120 Maximum Heights of Building and Structure . . . . . . . . . . . . . . .. . 118 History . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208 ArchitecttJral (Kg. . 20& Hoist .. ......... .. ... . .. . .. . .. . . . 208 Platform . . . .. . . . . .. 84 Towe~ .. .. .. .. .. . ... ..... ... . .. 95 Derrick and Cranes . .. . .. . . .. . .. . .. .. . .. .. 95 Cable, Ropes . .. .. . ... ... . .. . ... .. ... . .. .. . .. . .. . 95 Holiday Pay ..... . .. .. .. . ........ . :. . . .. .. . . . 130, 137 Service Incentive Leave ... ... .... .. .. 130, 138 Housing . . . . . . . . .. .. . . . . . . . . . . . . . . . . . . . . 395 Workers... ........ .. .. .. . .. .... . . . ......... 395
n
Project Requirements .. .. . . . . .. . .. .. . . ...
443
Maintenance . . . . . . .. . . .. .. .. .. . . .. . . . . . . . . . .. 353 Building Equipment . . . .. . . . . .. .. . . .. . . . . . . . . . . 353 Manager. . . .. .. .. . ........ .. .. . ... . . 343,347 Architect.. ... . . .. .. .. . . ... ... . . ... . ... . .. .. . 343 Project . . . . . . . . . . . . . . . . . . .. . . . . . .. . . . . . . . . . . . . 347 Management .. . .. . . ... .. . .. ....... .. .. .. . .. 341, 346 Construction .. . . .. .. .. .. .. . . .. . . . . . .. .. .. . .. . 341 Projec1 . . . . . . .. . . .. . . . .. . .. .. . .. . . . . . .. . . . .. 341 Marketing . . .. .. .. . . . . . . . . .. . . . . . .. . . . .. . . . .. . 305 Architectural . . .. . . . . . . . . . . . . . •. . . . . . . . . . . . . . 305 Research.. . .. .. . . . .. . . . . . .. . . . . . . .. . . 307 Mark .. . ... .. .. .. .. .. .... . ... . .. ......... 394 Reference . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . 394 Materials. . 91 St~ 91
Measures ... ....... .. ....... ...... ........... ....... .
College of Fellows.. .. .. ....... ... .... ........
Illumination Sources .... .. ..... .. .. ... . .. ..... .. ... . Emergency Lighting .. ....... . ... .... ..... ... . lnci nerators · . .. .. . . . . . . . . . . . . . .. .. . . . . . . . . . . . . . . . .. Types and Construction .... .. .. . .... .. .. .. . location ........... ...... . . ...... . .... . .. ...... . .
186 18S 186 161
162 162
Income ........... ...... ... ... .... ... ...... .. .. ....... . 301 Industry ............. ....... ........... . .. .... ....... .. . 229 Manufacturing .. .... ... .. .. .. ... ..... .. ....... . 239 Industrial .............. ... ·... .. .. .. ... ... .. ........ ..... . Institutional .... ..... . .. ..... .. ... .. , ........ , ...... . Insurance .. ...... .. . ... ... ......... .. . ... .... ... .. .. . General .. .. .. .. .. . .. .. .. ......... .... . . ..... . ... .
58 58 294
294 lnteNiew..... ......... ............. ..... .... ... ... .... . . 319 Informal ........ .... ...... ... ... ........ ....... .. . 319 Formal
91
Precautionary.. . . . . . . . . . . . . . . . . . .. . . . . .. . . . . . .. . 91 Mechanical. ... . ... .... . ........ .. ....... .. .... .. .. .. 50, 52 Members .. . . . . . . . . . . .. ... . .. . . .. . .. .. .. .. . . .. .. . . . . . . 210 Corporate ·....... ... ........ ....... .. . .. . . . . . . . . . 210 Charter Corporate .......... .... .. . ... ... ... .. 210 Fellow ....... ................. .. .. ..... ....... .. ... 210 Qualifications ........ . ..... . , ... ... .. ...... . .. . . . 210 Nominations ....... . , . . .. . . . . . .. . . . . .. .. .. . . . . 210 Rights Priveleges ......... ....... .... .. . .. ... 210
210
Ukha Awards . . . . . . . . . . . . .. . . .. .. . . . .. .. .. . . 210 Emertus . .. . . . . .. .... . .. ....... ....... .... ... 210 Honorary . . . . . . . . . . . . . . . . . . .. . . .. .. . . .. .. 21·1 Corresponding . .. .. . . . . . . . . .. . . . . .. ... . .. .. .. .. 211 Method . . . . .. . . . . . .. . . .. .. .. .. .. .. . .. . . . . . . . .. . . . 408, 409 Criti~Path . ..... ... ... :,.... ... ... . .. .. . ... 4<1!409 Mock-up . . . . . . .. . . . . . . . . . . .. . . . . . . . . 452
0 Obligations.. . .. . .... .. ... . ............ .... . .... ... . Pure and ConditionaL ..... ....... .. ... .. .. ... Period ................ .. ... .... ..... ......... Penal Clause .............. ... ., .. .. . . .. ... .. .. . Extinguishments . . . . . . .. . .. .. . . ... . . . . . . . . . .. . . Occupant ....... .. ... .. .... .. . .. .. .... ..... ..........
190 180 190 191 191 83
load .. .. ,. .. .. ............ .... ....... ...........
83 83 Data .. ..... .............. ....... .... ... .'... .. . 83, 84
Determination .. . .. . .. ... .. . . . . . . . . . . . . . . . . . .. . Occupancy. .. .. . ... . ....... ............. ...
119, 163, 166
501
Character . . .. .. . . . . .. .. . . .. . . . . . . . . . . . . . . . . . . . 119 Classification .. . . . . . . .. .. . . . .. . . .. .. . . . . . .. .. 163 Assembly ....... . ......... .... .. .... .. ..... .. . 164 Educational ..... .. .. .. ...... .... .. ..... 164,166 Institutional . . .. . . . . . .. . . . . . . .. .. ... . ... . . . .. . . . 164 Residential . . . . .. . .. .. .. . .. .. .. . . . . . . . .. . . 164, 166 Merchantile . . . ... . . .. .. .. . . .. . .. .. .. . ... 164. 166 Business .. .. .. .. .. ... .. .. ... .. . . .. . .. ... . .. 164, 166 Industrial .. ... ... ... .. , .. .. . ... ... .. . .. .. . 164, 166 Storage .. ... :.. .. . .. . . . .. . . .. .. .. .. . .. .. .. . . .. . .. 164 Capacity and Occupants .. .... .. . ,. . . .. . . . 166 OffK:e ..... ..................... .... .......... ........... 267 [.ocation .. ........ .. ... .. ... .. : ... ..... ....... .. .. 2l'7 Home Office .. ........ .. ... ........ ..... .. ..... . 268 Sub-Urban .... .. . : .. ... ........ ... ......... ..... . 264 City ....... ......... .. ........ .. ......... .. . .. .... .. 264 Smal To~ffice . .. ........... ... ... .. .... .. 265 Rural .. .. ... .; ..... .. ... ...... ...... .. ... ... .. ... . 265 Comparison ... ........... .... ....... ..... .... .. ~ Personal Preference ........... ... .... ... .. . .. 266 Other City ..... ...... ... ..... .. ..... .. ........ . 266 Persorrflel ... ............ ... ....... ..... ..... .. .. 2frl Pro)ect Manager .. ..... ... ........ ... ... .... .. 268 Job Captain ........ .. ...... .. .. ... ..... .. .... . . 268 Senior Draftsman . ... ..... ....... .. .... .. .... .. 268 Intermediate Draftsman .................. .. 269 Construction Administrator .... .... ... .. . .. . . 269 Specification Writer .. .. .. ........ . .. ... . ..... . 270 Designer . ........ ....... ...... ... .... .. .. ...... .. 270 librarian . ............ . ...... .. ............ .. ... .. 270 Engineers-Architects...... .. ..... .... .... .... .. Z71 Non-Architectural .... ...... ..... .. .. ,. .. . .. . .. 271 Visits .... ........ ............. .. ... .......... ..... 324 Officers .. . .. .. . .. .. . .. .. . .. . .. . .. .. .. . .. .. .. .. . .. . 212 National ........ .... .. ...... ... : :.. ... ..... . . . 212 Chapter .. .... ........... .. .. .. .. .... .. ... .. .. 212 Committees .. .. .. .. .. .. .. .. . . .. ... .. .. . ... .. .. 212 Window .. ...... ....... ...... ..... ... ..... ..... ... 112 Operations .. . . .. .. . .. .. . .. .. .. . . .. .. . :.. 40, Z72. 273 Organization~ ..... .. .... ..... .. 2 , 27 1, 257, 298, 296
p Partnermip ...... ... . ........ .... .. ....... ..... ........ . Palt.ing ·... .. ......... .. ... .. . .. .. ...... .... ... . ..
258 122
ComputaEibns .. .. ... .. . .. .. ...... ... .. . .. 122 Payment..... .... .. . .. .. .. .. .. .. ... 151. 182. 391 . 388 Schedule .. .. .. .. .. .. . .. .. .. .. .. .. . .. . .. . . .. . .. 241 Method of Collection .. . .. .. . .. .. .. . . . .. 151 Performance .. .. . . .. .. .. .. . .. . .. . . ... .. . . . .. 192 App ~cation . . . .. . ........ . ... .. ......... .. . .. .. .. 193 Advan!;)e .. . .. .. .. .. . .. .. .. .. .... . .. .. .. .. .. .. . 381 Progress .. .. .. .. . .. . .. . .. .. .. .. . .. .. . .. . .. .. .. . .. 381 Retention ... ....... . .. .. ... .. .... .... 381 ~ted ............ ... .. ...... ...... ........ .. 381 Request .. .... .. .. ... .. .. .... . .. .. .. .. . .. .. . 383 Progress Photographs .. . .. . .. .. .. . .. . ... .. . 382 Detailed Breakdown .. .. . .. .. .. .. .. .. .. .. .. . .. 383
Architect's Action .... ...... ...... ...... ....·. ... 383 Conditions .. . .. .. .. .. . .. . .. . .. . . .. .. .. . .. . ..
384
Acceptance . .. . .. . .. .. .. ... .. .... .. .. .. .. .. . ..
385
Sampkl ............. ..... ... .... ........... .. .... 386 Datas .. . .. .... .. .. . . .. . .. . .. . .. .. . .. . 386, 387. ~ Explanations . . . .. . .. . .. . .. . . .. .. . .. . .. .. .. 396 Applications .. .. . .. .. . .. . . .. .. .. .. .. .. . .. . .. . .. . 404
502
Bonds ... .. .... .. .. ..... ..... ...... ...... .... ... ..
464
lnsorance .. .. .. .. .. .. .. . . . .. .. .. .. . .. . ... .. .. .. . 404 Permit . .. .. .. .. . .. .. .. .. . .. .. . . .. .. .. . .. .. . .. . .. . .. .. . 44, 52. Building . . .. . .. .. .. .. .. .. .. . .. .. . .. . .. .. .. .. .. .. 44 Minor Construction ...... .......... .......... : 44
Repairs .. ..... ..... ...... .. .......... ... ... .... ..
45
Requirements... .... ........ .. .... ... ...... ... ... Verification of Land Use and Zoning · Compatibility ...... . . . .. . .. .. .. . .. .. .. . .. .. Filling of Applications .. . .. . .. .. ... .... .. ... .Terms, Conditions... ......... ... ....... ... .. ...
45
lssucmce . ... .. .. .. . .. ... . .. .. .. .. .. .. .. .. . .. .. .. ..
52 53
57 54 54
Non-Issuance . .......... ... ... . .. ....... . ...... . 54 Validity ....... ....... , .. . .. .. .. .. .. . •.. .. .. .. .. Kinds ....... ..... ...... ...... ......... ........... . '57 57 Residential ..... .. .... .. .. .. .. . .. . ... .. . ...... .. . . 57 Commercial 58 IndustriaL. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..... 58 Recreational .. .. .. .. .. . .. .. .. .. .. . .. ....... .. Agricultural ....... .. ........... .. .. . ...... . 58 58 Ancillary .. ... .......... .. ... .... ... .. .. .... .. 58 • Temporary ..... .... ......... ....... .... ........ . 58 Others .. .. ............ ...... ..... .. ....... ...... . Demolition .. .. .. .. .. .. . .. . .. .. .. .. .. ... .. . .. .. . .. 58 Moving ... .. .... ... ... .... .. ............. .. .... . 58 Sanrtary .. .. .. .. .. .. . .. .. . .. .. . .. . .. .. .. .. .. .. .. . 58 Electrical ... .. .. ... ............ :.... .. ... ....... 58 Fencing .. .. ...... ... .. . .. ...... . .. .. .. ... 58 Sidewalk Con!ltluction .. . . . .. .. .. .. .. . .. .. . .. 58 OcGupancy .. .. .. .. .. .. .. .. . .. .. .. . . 58 Annual Inspection . .. ..... .. . .. .... .. .. . .. .. .. .. 58 60 Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Personnel .. . . .. .... .. .. .. .. .. . .. .. . .. . .. .. .. .. .. ... .. . 31 4 Assignment .. .. .. .. .. .. . .. .. . .. .. .. .. . 314 Biographies ...... .... .. .. . .. ... .. · .. .. ... .. .. 315 Powers .. . .. .. .. ... .. . . .. . .. . .. . .... .. .. .. .. . . . . 2, 16, 18 Planning . .. .. . .. .. .. . .. . .. .. .. .. . .. .. .. .. . .. .. .. .. .. .. .. 404 Scheduling .. .. . .. .. . . . . .. .. .. .. .. . .. .. .. . .. .. . .. 404 Method . .. .. ... ...... ..... ......... .. .. . 404,419 CPM . .. .. .. .. ...... . .. .. .. .. .. .. . .. .. 409, 410, 411 Plants.... ... .. .... .... ........... .... .... .... .......... 300 Physical . . .. .. . .. .. . . . .. .. .. .. ... , . .. .. .. . 200 Preparation .......... ............. ....... .. ....... ..... . 40 Contrtct Documents.. ... ..... ... .... ....... ... 40 ProfeS8ional Practice... ........ ..... .. ... .. . .. . .. . . . 209 Standards .. . .. .. .. .... .. .. .. . .. . .. .. .. . .. .. . .. 209 Committee .. .. .. .. .. .. .. .. .. .. .. .. . .. . .. .. .. .. . .. 209 Purpo~und Objectives .. .. .. .. .. .. .. .. .. . 203 Membership .. ....... .. ...... , .. .. .. .. .. .. . .. . 210 Prohibitions ... ... ....... ..... ............... 8, 16, 18, 9 Proposals .. .. .. .. . .. . .. .. .. .. . . . .. .. .. .. . .. .. .. .. . 318 Contract . .. .. .. .. . .. . .. .. .. .. . .. .. .. .. .. . .. . . .. .. . 326 Provisions .... .. . .. . . .. .. .. .. . .. . .. .. . .. .. . .. . .. .. .. . .. 62 General ..... ....... .. .. .. .... .. . .. . ........... . .. 62
a Qualification
. .. .. .. .. .. .. .... .. .. .. . .. .. . 2 . 6, 11, 342
R Railing ........... . .. .. ...... ... ....... ........... ..... Ramps...... ......... .. .. .. ...... ...... ........ .......... Inside Ramps .. .. . .. .. . .. . .. .. .. . .. .. .. .. .. .. .. Outside Ramps .. .. .. .. .. .. .. . . .. . .. . .. . .. .. .. ..
89 178 178 179
10 151,285, 286.282.288.
Reciprocity . .. . .. .. . .......... ... .. .... . . . . . . . . . . . . . . . . .
Records .. .. . ...... .. . .. .... .
289,280, 291,333 Employment .. ... . . .. .. ... . . ..... ..•. ...... 151 Cost .. .. .................... ..... ...... 246,233 Payroll .... .. . .. .... . .... ...... .. .. ... . . .. .. . ... 285 Registration .. .. .. .. .. . .. . .. .. .. . .. .. .. .. . .. .. .. 4 Regu lation .. . ... ... . ..... .... .. ................. .... .. . ~
Electrical .. . . .. .. .. .. . .. . .. .. . .. .. . .. . .. .. . . . . . . . . . Mechanical. ... . .......... ..... ..... ... ... .... .. . Access Stresses. .. . . .. . . .. .. . .. . .. .. .. .. . .. .. . RoadandAIIeys..... ..... .. .. . ...... ... .. .. .... Data .. .. .... ................. ............. .. .. .. Renovation .. . .. .. .. . .. .. . .. .. .. . .. . . .. .. .. . . .. . .. . .. .. .
80 80 80
80 80
Shop drawi~s . .. .........._,... ...... . .. ... .....
391
A rchitectural Comprehensive .. .. .. .. .. .. .. . Scope ...... . : .... .. . .. ......... .. .. .. ........ .... Design Build .... .. .. . .... ......... ...... .... .. Sidewalk.. ...... ... ... ....... ....... .. ........ ....... ... Width .. .. .. ... -- "" ............. "" ... ... .. .. ...
345
359
Grade .. ............. .. .. ... ...... .'...... .. .. ......
71
44
Advertisin g..... . .. . ..... ... ..... .... .. .... Projecting .. ..... .. ... .. ... ... ..... . .... ..
37
Owner .... .............. .. ....... .......... 331.243 l.ec;lal ..... ... ............... . ... .. ... 340,350 Research .... .... .. .... .. .......... .. ..... ......... .. .... 309 Residential .. . .. ... ........ ..... ... .. .. .... . .... ... 57 Recreational .. .. .. .. .. .. . .. .. .. .. . . . . . .. . . .. . . .. .. . .. 57 Requirements . .. .. .. . .. .. . .. .. . .. .... ...... .. ... , .. .. 75 General Building ...... ...... ................ .. 75 Sit e .... .. .... .... .... ...... . .... :... ...... ......... Protection and Safety .. .. . .. .. .. . .. . .. . .. . General .... .. , . .. .. .... .... .. .. .. . . . .. .. RevolvingCapital .. .. .. .. .... .. ..... .....
Rooms
.......... .... .... _ ... .... ... .. .. . .. .. . ..
75 84 84 357
111
Size and Dimensions...... .. . .. .. .. .. .. . .. . 111 Air Spa ce . .. . .. .. .. .. . .. .......... .. .... .. 112 Roster of Architects . .. . .. .. . . .. .. . .. . .. . .. . .. .. .. .. .. . 4 Rules . ....... ....... .... ... . .. .... .... ..... .. ..... .. .. 39 Runways ............ ... . .. .... .... .. .. .. .. .... . . . 87. 114
Ramo .. ....... ..... .... .. ... .. .. .. .. ... ..... ....
97
s Salary . .. .. .. .. . .. .. . ... . .. . .. .. .. .. . .. . . . . .. .. .. .. .. .. .. 302 Sale .... ... ........ .. .. ...... ...... ..... ... .. . .. ...... .. ... 324 Sanitary . .. .. .. .. . .. . .. .. . .. .. .. . .. . .. .. .. .. . .. 50, 53, 58 Samples .. .. .. .... .. .... .. -.. ... ...... -.. . .. .. . .. .. .. . . . 280
General .. .. .. .. .. .. .. .. .. .. .. .. . .. .. .. . .. .. .. .. .. Project ...... ......... _.. .. .. .. .. .. . .. .. . .. .. .. .. Business Cards . .. ... .. .... .. .. .. .. .. .. .. .. . .. Date Information ......... _. . .. .. .. . .. .. .. ..
Magazines .. .. .. . .. .. . ... . . .. .. . .. .. ..
280 280 281 281
282. 295 282
Others ... .... . .. .. . .. ... .. ..... .. .... :.. .. ... . ..
Seal ........ .. .. ... ......... ............ .. . ... . ..... ... ... 7 SeMces .. .. ...... .. .... ..... .. .. ...... .. .. . 241.246, 245 Construction Doc\Jmertts .. .. .. .. . .. .. .. .. .. .. ConstJuction ..... . ........ .. .. .. ..... .. .. .... . Servicee of Consultant . .. . .. . .. .. .. .. .. .. .. .. . Full Timer and Superviaion .. .. .. .. .. .. .. .. ..
Estimates .. .. .. ...... .... .. .. . ... .... .. ... .... .. GovernmentTaKes .... ...... .. ... .. ......... Specialized Allied ....... .. .... ......... ..... ... Interior Design ...... ... .... .. .. .. ... .. .........
Acoustic ... .... ... .......... .... ..... ... .... ... ... Electronics ........................ ... .. .... . ..
Landscape Design . .. . .. .. .. .. .. . .. .. .. . .. . . .. Physical Planning ........... ...... ....... Fees .. .... ...... ............. ...... .. ..... Comprehensive Planning ..... . .. , . . . . . .
241 241 245 245 245 245 246 247
248 248 249
249
49
69
Obstruction ....... .. ....... .... .. ... ...... . .. .. . 75 Signs . ...... .. ...... .... ... .. .. .. .. ... .. .. 61 ,245, 333 Business ............ .., .......... .. ... ......... 61, 63 Display .. .. . .. .. .. .. .... .... .... ..... ......... 61 Electrical .. .. . .. .. ..... .. .. .. .. ... ... . ... ...... .. 61 Ground ............ ........ .. ........ .. ..... 61,63 Poster. ..... .... .. .. . . . . ... ....... ..... ... 61
Repair .... .. ... . .. . .. .... ...... .... ... .. ......... ... ... .. 44 Responsibilities ...... .... ... .. 37,331. 332, 340. 350 Mentors . . . . . .. .. .. .. .. . .. .. .. .. . .. .. .. . .. .. ..
345
Temporary . .. .. ...... .. .. ..... .. ... ...... Wall .... ........ .. . ....... .. .. ........ ..
61,62 61,62 61 , 66 61, 65
Stand . .. .. .. ....... .. ... .. ... ...... ... .. .. ... 61 Sill Boards .. . .. . ........... . .. .... . ....... 61 Display Wo.ndow .. .. .. .. .. . .. . . . .. .. .. . . .. .. 6t Disp&aySurlace .. .. ..... ..... ..... .. ... 61 ~Stand . . . . ... . .. . .. .. . ........ 61 Roof Sign . ...... ... ....... 61,63 Imprint . .. ............ ... .. . 61 Existing Signs .. .. .. .. .. . .. . .. .. .. 64
Maintenance
_ ......... .... .....
64
Identification . . .. . _.... .... ... .. .. 64 Design and Placement . . . .. .. . .. . . . .. 246. 333
Temporary .. . Site Work .. .. .. . .. . Concrete .. . Masonry .. .. Carpentry Architectural
Roofing. Tinsmitting
.. .. .. .. ..... .. .. ... . . _.. _ .. .. . .. . .. . .. .. . .. . .... . .... ... .. . .. ....... ... .. .. ..... .. .. .. .. .. ....... ..... .. .. ... . .. .. .. .. . .. .. .
395 462 463 466 468 468
.. ...... .. ...... 470
Plumbing
.. .. ..... .. . . .... . .....
471
Electrical .
. . __ .. .. .........
472
Painting . .. .. .. .... ... .. .. . .. .. ..... Slack . _ .. . .. .. .. .. ........... . . .. .... . ....
474 479
Spaces .... . ........ .. ...... .......... .. .... ..
103,200
Types ..... ...... .... ........ .......... .. ......... 103 Oatas ............ .. ....... ... ........ ......... .. . 103 Sizeand Dimensions.......... . .. ... ......... 106 Specification ....... .......... _.. .. .. .. .. .. .. .... .. _ 450 General ... .... .. .. .. .. .. .. .. ...... .. .. .. ... ...... 450 Procedures .. . .. .. .. .. .. .. . . .. . . . _.. .. .. .. .. . . .
450
Conflicts ..... ..... ..... .. ...... ..... .. ... .. .. ..... Forms . .. .. . .... .. .. .... ... .... .. ... .... .......... .
451 451
~orrectGramma r ...... .. .. .. ................. Format ... . ........ .. .... ........... .. .. .. .... ..
451 462
Internal Numbering ...... _.......
462, 453. 464,
466,456, 457,458, 459 Products... .. .. .. .. ... ............... .... . .. Execution .. ...... . . .. . ... ..... .. ....
456,459 457,461
Glazing ..... . .. ... . . .. ... ..... .. ... .. .... .. .. .. .. Installation ... ... ... .. .. .. . .. .. .. ... ... ... .. .. .. ..
468 469
Plastering ...... ...... ......... .. _.. .. .. .. .. .. . Outline .. .... .. .. .. .. .. .. .. .. ... . .. .. .. .. .. ...
460
Stairway .. .. .. .. . .. .. . .. .. .. .. .. .. .. .. .. . . .. .. . .. . . .. . ..
96
463
L8dders .. ... .... ...... ........... .. ... ........... 96 Structure .... ........... ............... ... .. . 44, 62,396
249,253 252, 252
Ancillary Permits .. .. .. .. .. .. .. .. .. .. .. . . .. . .. Safeguard ... .. .... .. ..... .. ... .. .. . ........ ...
44 294
Environmentai.Pianner . .. .. . .. . .. .. .. .. .. .. .. . 2S3
Structural .. .... ...... .. ..... ... .... ..... .............
53
503
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>........... ...
T Description .......... .......................... ·..
338 338
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354
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·. · Function ... ...... ....... .. . : ... .... ..... ... ...... . 354 Tower .. ...................... ... .. .... .... ...... ... .... . 173 Smoke Proof ..... ... .. .... ....... .... ...... .. .. . 173
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36
Duties and Responsibilities .. .... . .. .. . . .... . Guidance Notes ......... ............ ........ .. ..
36 37
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.... .... ...... .. ........ :.. ... .... .. Turnkey Project .. ..... ... ..... ....... .... ........ . Turntiles .. ..... ... ..... .... .. .. .. ....... .. .. .. .. ...... ..
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260 260
w Walks .. ............ ... ..... .:..... .... . .. ..... .. .. ... Moving .. .. .. .. .. . .. .. .. .. . . .. .. .. . . . . .. . .. .. .
warkwavs ... .... .. .. .. .. .. .. .. ... .. .. ... ... ... .. .. ..
180 190 89
Railing .............. .......... .. .... .. ....... .. ...
89
Work .. .... .... ..... .. ...... ...... .. .. .. ...... ...... .. 128 Normal Hours.. .... ........ ... .. ........ ...... ... 128 HoursWorkad ..... .... .... .. ... ........ . 128,131 Meals Period .. .... :.. .. .. .. .. .. .. .. .. .. .. .. .. .. . 128 Night Shift Differential.. .... .. .. . ...... 128. 132 Overtime.. ... ... .... ... ..... ...... .. .. . .. 128, 132 Under time .. .. .. .. .. . .. .. .. .. .. . .. .. .. .. .. .. .. . .. 129 Emergency Overtime.. . .. . .. .. .. .. .. . . .. . .. . . . 129 Computation .. .. .. .. .. . .. . .. .. .. .. . .. . .. .. . .. 129 Rest Period..... ...... .. ... ..... .. ... .. .. 123, 134 Exemption .. .. .. .. .. .. .. .. .. .. .. .. .. . .. .. .. .. .. ..
131
·:~, (\eneral
Statement ..... .... ...... .. ...... .. 131 ing Time ....... ...... .. ... ... .. .. .. .. ... .. 132 ium .. ..... ... .... .......... .. ...... ... .... ... 132 •pulsory Overtime .. . .. .. . . .. . .. .. .. .. 132
· ing Out .. .. . .. .. .. . .. .. .. . .. .. . .. .. •
396
·.nspection . .. .. .. .. .. . .. .. .. . .. .. . .. ... .. .. .. .. 396
v 103 103 103 112 Artificial .. .... ............. ........ .. .. ........ , . 113
Ventilation .... ..... .. :. .. .. .. .. . .. .. . .. . .. .. . .. .. .. .. .. Provisions ...... ....... .. .... .... ........ ..... ... MeauAIS and Percentage . .. .. ... .... .. .. .. . Vent Shaftt .. .'. :.. .. . .. .. .. .. .. . .. . .. . . .. .. . ..
504
·Defective .. .. .. .. .. .. .. . .. .. .. .. . .. .. .. . .. .. . ~ Changes .. . .. .. .. . .. .. .. .. .. .. . .. .. .. . .. .. .. .. . .. . 'Hl Value .. ... .. ... .. ... . ... .... .. .... .... .. ... ~7
Comple1ion.... .. ........... ....... ..... ... .. .. . ~7 Worth ... ... .. .... . .'..... .. ... .. ......... .. .... ..... ... 300
Net ... ........ .... .. .... ... .. ................. ....
300