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    A. 1979 UAP

    Document 207

    B. Proposed 2007

    UAP

    Amendment

    C. 2007 PRBoA

    Suggested

    Amendment

    D. 2

    P

    App

    Vers207DESIGN-BUILDSERVICES

    1. INTRODUCTION

    1.1 In any building project,there is an intricatebalance between time,quality and cost. Thearchitecture professionhas been under pressureto come up with overall

    answers to Clientsdemands for simulationshandling of time, qualityand cost of projects withthe goal of maximizingthese factors.

    Standards of ProfessionalPractice

    Design and ConstructServices

    Article 1 - Introduction

    1. Since the Architect is aprofessional who has theeducation, training, experience,expertise and the vision holder

    of the design, he is the bestperson/firm to implement theentire project, from design toconstruction. Dealing with theday-to-day operations inconstructing a building by a non-technical client is not an easytask for a non-technical client.

    207DESIGN-BUILD SERVICES

    ARTICLE I. Introduction

    1. In any building project, there is an intricate balancebetween time, quality and cost. The Architect has theeducation, training, experience and expertise toqualify him to implement the entire project fromplan/design preparation through construction withmaximum optimization.

    2. The Architect may enter into a Design-Build Servicesagreement with his Client with the ultimate goal ofdelivering projects within the shortest possible time,with the lowest possible cost and at an acceptablestandard of quality and performance.

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    1.2 The building industry

    and the architecturalprofession have devisedseveral methods ofproject delivery with theultimate goal of handlingprojects in the shortestpossible time, at thelowest cost and at anacceptable quality andperformance.

    1.3 One method of projectdelivery is the Design-Build Service namely:

    a. Design-Build byAdministrationb. Design-Build on a

    Guaranteed MaximumCost

    1.4 Legal Responsibility

    This single-point-responsibility of projectdelivery puts the legalliability for both thedesign and theconstruction on theArchitect alone.

    From canvassing to buying of

    materials; from scoutingqualified laborers to supervisorssupervising the work; not tomention on labor problems thatmay raise, the tight schedule ofthe client and a lot more. Theseare just some of the reasons whya good number of clients wouldwant to talk to a singular

    professional or an entity to dohis/her project. Most clients nowa days, prefer to have theirproject implemented by thearchitect through Design andConstruct Services.

    2. The Design and ConstructServices is a method of projectdelivery by the Architect, actingas the Architect-of-Record andas the same time the Architectin-charge of Construction. Thesaid Architect is calledArchitect-in-charge ofconstruction, which is directlyand professionally responsibleand liable for the constructionsupervision of the project. (Art.

    3, Sec. 3.1.b of the Republic ActNo. 9266). The architect/firmshall sign a contract acceptingfull responsibility for both designand construction services of theproject.

    Nature. Design and construction

    ARTICLE II. Modes or Types of Design-Build Services

    1. Design - Build by Administration2. Design - Build on Guaranteed Maximum Cost3. Design - ConstructThe attached matrix describes the differences among

    the three types of design-build services.

    ARTICLE III. Dual Role of the Architect

    1. Architect - of record (Aor). The Architect isdirectly and professionally responsible for the

    total design of the project and assumes theattendant professional responsibility and civilliability for the plans, specifications and contractdocuments signed and sealed. (Art.1, Sec. 3.2.a ofRA 9266)

    2. Architect in charge of construction (Aicc).a. The Architect is directly and professionally

    responsible and liable for the constructionsupervision of the project. (Art.1, Sec. 3.2.b ofRA 9266) ; or

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    2.5 Authorizes payments of

    accounts;

    2.6 Keeps records and booksof accounts;

    2.7 negotiates withgovernment agencieshaving jurisdiction over

    the project; and

    2.8 Manages all otherbusinesses of theconstruction;

    2.9 The above services areperformed with thefollowing conditions:

    - All costs of labor andmaterials are paiddirectly by the Client.The Architect does notadvance any moneyfor payment ofexpenditures

    connected with thework.

    - Although the Architectmay prepare a detailedcost estimate of theProject, the estimate

    integration of knowledge,

    creativity, experience, andpassion of the design andconstruction professions fromthe beginning to the end of aproject. Design and ConstructServices shall give the architectthe hands-on opportunity totransforms the Architects designinto reality.

    3. Application. It is more an optionof the Client to enter to this kindof services. There are particularcases where this type of serviceis applicable, such as:

    a. Projects involvinginnovative or patenteddesigns or methodologyof construction in whichthe Architect holds itssole right ofimplementation for theprotection of his designor patent.

    b. When the Client prefersto utilize the combinedand synergized capabilityof the Architect asdesigner and as a builderto come up with themost creative solutionthat could answerClients criteria of

    2. The scope of work during the Construction Phaseis no longer limited to regular coordination,periodic inspection, and assessment as part of theRegular Design Services. It now extends toconstruction supervision and/or undertaking theactual construction.

    3. In order to protect his professional license, theArchitect will have to prepare separate contractsfor the design and the construction components.Both contracts should provide an arbitrationclause and other alternative measures to resolvepossible disputes.

    ARTICLE V. Project Cost

    This includes the cost of labor and/or materials,overhead costs, plus mark-up and profits, similar toa regular construction bid price.

    ARTICLE VI. Professional Fee.

    Segregating professional fees instead ofconsolidating them into a lump sum amount will beadvantageous to both the Architect and the Client

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    may be guaranteed

    only on a range of TenPercent (10%) plus orminus the statedestimate.

    - The Architect appoints,subject to the Clientsapproval a

    constructionsuperintendent, apurchasing agent, atimekeeper or keepers,and a property clerkaside from the usuallabor personnelrequired. Salaries of

    such persons re paidby the Client and is notdeductible from theArchitects fee.

    - Cost of all permits andlicenses incidential tothe work are paid bythe Client.

    2.10 The fee of the Architectfor the Design-BuildService byAdministration is SevenPercent (7%) of the

    function, structure and

    beauty in the mosteconomical and fastestway.

    c. When the Client, havingbeen fully informed ofthe nature andimplication of Design andConstruct Services for

    Clients project, placeshis or her trust andconfidence on theArchitect, believing thatthe Architect is the mostqualified to implementthe design in accordancewith the approvedconcept.

    d. When the Architect ispart of an entityinvolved with the designand construction of aproject.

    Article II - General Roles of Architectsin the Design and Construct Services

    1. The General Roles of Architectsin the Design and ConstructServices include:

    a. The architect whoengages into the Designand Construct Services

    since it provides a clear basis for adjustment in caseof changes in the scope of work.

    1. The Architects Fee for Regular Architectsservices shall be in accordance with UAP Doc.200 Architects Standards of ProfessionalPractice.

    2. The Architects Fee for Construction Supervision,either a lump sum or a percentage of theconstruction cost, may be paid through differentmodes of compensation.

    3. When the Architect undertakes the actualconstruction, he submits a proposal similar to a

    contractors bid.

    ARTICLE VII. Methods of Compensation forConstruction Supervision

    1. Percentage of Construction Cost.This is the simplest and most widely usedmethod of compensation because it is directlyproportionate to the size and cost of the project.In case of changes, whether addition ordeductions, there is no need to amend or

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    Project Construction

    Cost in addition to theArchitects Fee for theRegular Design Services.

    3. DESIGN-BUILDSERVICE ON AGUARANTEED

    MAXIMUM COST3.1 Basically the servicesrendered by the Architectis the same as that of theDesign-Build byAdministration.

    3.2 This method essentially

    consist of the Client beinggiven a guaranteedmaximum cost for theconstruction of theproject.

    3.3 The manner of paymentis by lump sum amount

    scheduled to follow theprogress of the Project.The Architect does notadvance any amount tobuy materials or paylabor. Instead, arevolving capital is

    shall assume the primary

    responsibility for bothdesign and construction.

    b. Depending on theagreement between thearchitect and the client,the architect may offerto construct the project,either by administration

    or by guaranteedmaximum cost or bypackage agreement.

    Article III - Recommended Proceduresin Engaging Design and ConstructServices

    1. Educate the Client on existinglaws, statutory policies andorders, and the Standards forProfessional Practice issued bythe United Architects of thePhilippines-Integrated andAccredited ProfessionalOrganization of Architects dulyapproved by the PRC-Board ofArchitecture - and, if possible,

    discuss the contents with theClient.

    2. When invited by a client toengage into a Design andConstruct Services, the Architectmust review the appropriatenessand the suitability of the project

    supplement the Owner Architect Agreement.

    2. Direct Personal Expenses x Multiplier.This method is based on technical hours spent ona project but does not measure the value ofcreative design. This may therefore be appliedonly to construction supervision. The following

    parameters have to be agreed upon at the start ofthe project:

    a. Rate/hr (R) Rate per hour of the Architect,Consultant, and Technical staff : RA, RC, RT

    b. Man hours (H) Number of hours spent bythe Architect, Consultants and Technicalstaff : HA, HC, HT

    c. Multiplier (M) - Factor which accounts foroverhead and profit. Depending on thecomplexity of the project, experience of theArchitect and the office set-up, this may

    range from 1.5 to 2.5.

    d. Reimbursable Expenses (E) Items to becharged to the Client and reimbursed to theArchitect which include the following:

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    is aside from the fee of

    the Architect for RegularDesign Services.

    project, since some clients

    budget are limited and providesthe Client with a single point ofcontact and responsibility.

    3. Schedule reductions areachieved by the overlapping ofdesign and construction phases.A shorter schedule can translateinto lower costs, although

    savings may also be realized byhaving a single entity responsiblefor early cost and valuecoordination, competitivepricing, keeping constantoversight of cost factors andeliminating the Client's cost ofmaintaining staff to oversee theoperation.

    4. The unified effort of a Designand Construct Team can respondto changing technological trendswith much greater flexibility.With everyone working togetheras a team, efficiency andcommunication increase whilethe potential for profligacy andinefficiencies decrease.

    5. Design and Construct Servicesare advantageous for high-techfacilities with complexconstruction requirements, as itallows architects, engineers andproject managers to collaboratethroughout the entire project.

    scope of work is necessary in order to set an

    equitable fee.

    4. Lump Sum or Fixed Fee.In government projects, having a fixed feeeliminates paper work and time consumingprocesses required by the bureaucratic system

    particularly in the processing and approval ofsupplementary works by the auditing agency.

    5. Per Diem plus Reimbursable Expense.The Architect may be paid on a per diem basisplus reimbursable expenses such as travel,

    accommodation and living expenses when theClient requests the Architect to do work such as:

    a. Attending board meetings or conferencesb. Conducting ocular inspection for site

    selectionc. Conferring with others regarding

    prospective investments and similarventures

    6. Mixed Methods of Compensation.A combination of any of the methods may be

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    6. Time and experience have alsoproven that Design and ConstructServices can be utilized forprojects both conventional andcomplex.

    7.

    Coordinating with otherparticipants in constructing abuilding becomes very easybecause they are in one group,thus making the communicationand coordination becomes fasterand efficient. The big plus in thismethod is that the responsibilitybecomes identifiable, there willbe no more finger pointing to

    whom responsibility is this orthat. The client will not be putto a maze to whom to relay theconcern.

    Article V Classification of Design andConstruct Services

    1. Design and Construct Servicesby Administration. When theproject is constructed byadministration, the Architectperforms the following services:

    a. Schematic Design Phase,

    applied

    ARTICLE VIII. Permits.

    Permits and licenses (except the Contractors license)are secured by the Architect but paid for by theClient.

    ARTICLE IX Conditions

    1. Before entering into a Design-Build ServiceAgreement, the Architect will have to acquireadditional training in construction supervision,project and financial management and gain

    practical knowledge and experience inconstruction.

    2. The Architect must inform and advice his Clientof the circumstances and implications of such anagreement, and must disclose any relationship orbusiness interest which may affect the Project.

    ARTICLE X . Advantages of the Design BuildServices Approach

    1. Gives the Client the option to deal with just one

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    Design Development

    Phase and ContractDocument Phase

    b. During the ConstructionPhase, the Architectsperforms the followingservices:

    i. Preparesschedule ofwork,constructionprogram,estimate and billof materials,labor, plants,equipment andservices;

    ii. Hiresconstructionpersonnel anddesignates dutiesandremunerationthereof;

    iii. Negotiates andenters intocontract withpieceworkcontractors andevaluates worksaccomplishedthere under ;

    professional/entity.

    2. Gives the Client options to avail of uniquefinancial schemes.

    3. Accountability is clearly defined.4. Allows better coordination among professionals

    working in collaboration5. Instead of following the conventional design-bid-

    construct process, construction can commence

    while design is still in progress (fast track)6. Compressed or accelerated project schedule can

    translate to cost savings7. Applicable to both conventional and non-

    traditional projects, ranging from simple tocomplex projects.

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    iv. Procuresmaterials, plantsand equipments,licenses andpermits;

    v. Authorizespayments ofaccounts;

    vi.

    Keep records andbooks ofaccounts;

    vii. Negotiates withgovernmentagencies havingjurisdiction overthe project; and

    viii. Manages alltechnicalmatters of theconstruction.

    c. The above services areperformed with thefollowing conditions:

    i. All costs of laborand materialsare paid directlyby the Client.The Architectdoes notadvance anymoney for

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    payment of

    expendituresconnected withthe work.

    ii. Although theArchitect mayprepare adetailed costestimate of theproject, theestimate may beguaranteed onlyon a range of tenpercent (10%)plus or minus thestated estimate.

    iii. The Architectappoints, subject

    to the Clientsapproval, aconstructionsuperintendent,a purchasingagent, atimekeeper orkeepers, and aproperty clerk

    aside from theusual laborpersonnelrequired.Salaries of suchpersons are paidby the Client andare not

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    deductible from

    the ArchitectsFee.

    iv. Cost of allpermits andlicensesincidental to thework are paid bythe Client.

    d. Please refer toDocument on Scheduleof Basic ProfessionalService Fee for the feeof the Architect for theDesign and ConstructServices byAdministration based onthe Project Construction

    Cost which is in additionto the Architects Feefor the regular designservice.

    2. Design and Construct Serviceson a Guaranteed MaximumCost.

    a. Basically the servicesrendered by theArchitect are the sameas that of the Design andConstruct Services byAdministration.

    b. This method essentially

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    consists of the Client

    being given a guaranteedmaximum cost for theconstruction of theproject.

    c. The manner of paymentis by lump sum amountsscheduled to follow theprogress of the project.The Architect does notadvance any amount tobuy materials or paylabor. Instead, arevolving capital isgiven at the start of theconstruction.

    d. If there is a savings onthe cost of the project,

    it is divided equallybetween the Client andthe Architect.

    e. If the guaranteedmaximum cost isexceeded by not morethan ten percent (10%),it is divided equally

    between the Client andthe Architect. However,if the excess is morethan ten percent (10%),the Architect pays for allthe extra costs in excessof the ten percent (10%).

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    f. Should there beadditional expensebeyond the GuaranteedMaximum Costs whichare due to legitimatechange orders, and tocauses not attributableto the fault of theArchitect, the additionalcost shall be borne bythe Client.

    g. The GuaranteedMaximum Cost is subjectto possible substantialchanges based on therate of inflation ascertified by nationallyrecognized agencies suchas the National Economic

    Development Authority(NEDA).

    3. Design and Construct Serviceswith a constructionimplementer/firm

    a. In many cases today,clients entrust theirprojects concerns to asingular entity due totrust, specialization ofdesign/patent, economyand convenience for theclient. This type ofservice can be applied

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    when the architect has a

    specific or non-conventionaldesign/patent that onlyallows the accreditedconstructionimplementer/s or firm/sto do his special or non-conventionaldesign/patent; or onsome cases aconstructionimplementer/s or firm/susing the special or non-conventional design orpatent of an architect.In both situations thearchitect shall beresponsible for his/herdesign and the

    construction he/sheundertaken. The amountof the agreement shallinclude the architectsfee, among others.

    In all situations, theArchitect performs theprofessional standard

    services and must becompensated inaccordance with theArchitects Standards ofProfessional Practice.

    b. Basically the servicesrendered by the

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    Architect are the same

    as that of the Design andConstruct Services byAdministration.

    c. A fix cost for theconstruction of theproject, not countingany changes or variationsmust be stated in theagreement.

    d. The manner of paymentis by lump sum amountsscheduled to follow theprogress of the project.The Architect does notadvance any amount tobuy materials or paylabor. Instead, a

    revolving capital isgiven at the start of theconstruction.

    e. The cost is subject topossible substantialchanges based on therate of inflation ascertified by nationally

    recognized agencies suchas the National EconomicDevelopment Authority(NEDA).

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    4. Design and Construct Servicesunder a ComprehensivePackage Agreement

    a. Over-all coordinationfrom design toconstruction will bebeneficial to the clientas well as to the project.Most clients do not havethe expertise or time tohandle the day-to-daydecision making andoperation for theefficient implementationof the project. Clientswould scout for asingular entity that couldhandle all its concern forthe realization of his/her

    project, thus the Designand Construct Servicesunder a ComprehensivePackage Agreement isvery much fitting.

    b. Similar to the reasonsand concerns of theclient under the Design

    and Construct Servicewith a constructionimplementer/firm, theclients awards the work,from design toconstruction, to theArchitect when theclient appreciates the

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    special or non-

    conventionaldesign/patent of theArchitect. The amount ofthe agreement shallinclude the architectsfee, among others.

    Article VI Conditions

    1. In order to protect the interestof the Client as well as toprotect the integrity of theArchitect, conditions andsafeguards must be in place,such as:

    a. A well-documentedcontract, clear and

    complete, to avoidmisunderstanding ormisinterpretation of theagreement.

    b. The Client must be fullyinformed and advised ofthe circumstances andimplications of the

    arrangement includingdisclosures ofrelationships or businessinterest of the Architectaffecting the project.

    c. Assurance of productquality required of the

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    contract.

    d. Employment of orviability to the Client ofan independent party toact as his/her technicaladviser or consultant.

    Article VI Methodology ofCompensation

    1. The criteria for computing theArchitects compensation shouldbe based on mutual evaluationof the amount of thearchitectural firms talents,skill, experience, imagination,effort and time available for,

    and required by the project.

    2. The amount of payment dependson the types and levels ofprofessional services provided.More extensive services or amore complex or experimentalproject will require more effortby the architect and add more

    value to the project.

    3. The recommended fee of theArchitect for the Design andConstruct Services byAdministration is Five (5%)percent of the total projectedcost in addition to the

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    professional fee for the Regular

    Design Services. Therecommended fee of theArchitect for the Design andConstruct Services on aguaranteed maximum cost,Design and Construct Serviceswith a constructionimplementer/firm or Design andConstruct Services under acomprehensive Package

    Agreement is Seven (7%) of thetotal project construction cost.Said recommended fee is asidefrom the professional fee of theArchitects on Regular DesignServices.

    4. However, following methods oncompensation may be applied in

    the process of Design andConstruct services:

    a. Percentage ofConstruction Cost. Thisis a world-wide usedmethod of compensationfor proposal services.The amount of the

    percentage is related tothe size and the type ofthe Project. This methodis fair to both the Clientand the Architect as thefee is pegged to the costof the Project the Clientis willing to undertake. It

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    is similar to thepercentage fee conceptbeing charged byrealtors, developers andlawyers. It is flexible andeasy to apply since ifthere will be changes,additions or deductionsof the work demandedby the Project orrequired by the Client,

    the Owner-ArchitectAgreement need not besupplemented.

    b. Multiple of DirectPersonnel Expenses.This cost-based methodof compensation isapplicable only to non-

    creative work such asaccounting, secretarial,research, datagathering, supervision,preparation of reportsand the like. Thismethod of compensationbased on technical hourexpended does not

    account for creativework because the valueof creative design cannotbe measured by thelength of time thedesigner has spent on hiswork. This method maytherefore be applied

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    only on Pre-DesignServices, SupervisionWork and other workswhich the Architect mayperform other than theRegular and SpecializedAllied Design Services.The computation is madeby adding all costs oftechnical services (manhours x rate) and

    multiply it by amultiplier to take careof overhead and profit.The multiplier rangesfrom 1.5 or 2.5depending on the officeset-up, overhead andexperience of theArchitect and the

    complexity of theProject. Other itemssuch as cost oftransportation, livingand housing allowancesof foreign consultants,out-of-town living andhousing allowances oflocal consultants, and

    the like are to becharged to the Clientand reimbursed to theArchitect. At the start ofthe commission, theArchitect shall makeknown to the Client therate of professionals and

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    personnel who will beassigned to the Projectand the multiplier thathas to be applied beforeagreeing to this methodof computation.

    FORMULA

    Assume:

    A = Architects rate/ hour

    C = Consultants rate/ hour

    T = Rate per hour

    of TechnicalStaff,researches andothers involvedin the Project

    N1, N2, N3, = No. ofhours spent byArchitect,

    Consultantsand TechnicalStaff.

    M = Multiplier.From 1.5 to 3,depending onoffice set-up of

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    Architect andcomplexity ofthe Project.Multiplier totake care ofoverhead andreasonableprofit.

    R = Reimbursableexpenses such

    astransportation,housing andlivingallowance ofConsultant,transportation,per diem,housing and

    livingallowance oflocalconsultants andtechnical staffif assigned toplace over 100km. from areaof operation of

    the Architect;

    Cost of printingof extra set ofdrawings,reports, maps,contractdocuments,

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    etc. over thefive (5) copiessubmitted tothe Client;overseas andlong distancecalls; technicaland laboratorytests, licenses,fees and taxesetc., needed

    by the Project.

    Direct cost = AN1 +CN2 + TN3

    Fee = Direct Cost xMultiplier

    Total Cost of Service

    charged to theClient = Fee +R

    c. Professional Fee PlusExpenses. This methodof compensationfrequently used wherethere is a continuing

    relationship on a seriesof projects. Itestablishes a fixed sumover and abovereimbursement for theArchitects technicaltime and overhead. Anagreement on the

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    general scope of thework is necessary inorder to set an equitablefee.

    d. Lump Sum or FixedFee. May be applied ongovernment projectsince the bureaucraticsystem of thegovernment this will

    entail more paper workand time-consumingefforts, not only thecomputation andhaggling of the fee forthe extra work but alsoin the arduousprocessing for theapproval of the

    supplementary workwithin the Clientsagency and the Auditingagency.

    e. Per Diem PlusReimbursable Expense.In some cases a Clientmay request an Architect

    to do work which willrequire his personal timesuch as:

    i. Attend BoardMeetings orConferences

    ii. Ocular

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    inspection ofpossible sites

    iii. Confer withothers regardingprospectiveinvestments orventures and thelike

    For these particular

    activities, the Architectmay be paid on a perdiem basis plus out-of-pocket expenses such astravel, accommodationsand subsistence

    f. Mixed Methods ofCompensation. The UAP

    Documents provide formore than one methodof compensation on aProject. Each Projectshould be examined todetermine the mostappropriate method ofestablishing an equitablemethod of compensation

    between the Architectand the Owner.

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    Standards of Professional PracticeDesign and Construct ServicesUAP Technical Working Group

    Honorary Chair :Archt. Edric Marco C. Florentino,

    fuap

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    Project Director :

    Archt. Prosperidad C. Luis, fuap

    Chairman :Archt. Edilberto F.

    Florentino, fuap

    Members :Archt. Angelito Antonio,

    pia

    Archt.Felipe Mendoza, fpia

    Archt.Edgar Reformado, fuap

    Archt.Medeliano T.Roldan, fuap