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Section 1: The Practice of Civil Engineering

1.1 General
This lesson addresses the procurement of Civil Engineering services for a quality project.
Quality by definition is one satisfactorily meeting both the expectations of the client or
employer and the requirements of the project. It requires professional dedication, effort,
adequate time for investigation, planning and innovation, fair compensation, and
appropriate authority and responsibility.
Quality results from team effort and is measured by the degree of satisfaction of all parties
involved.
1.2 Professional Responsibility
The standard of practice is for Civil Engineers to be given responsibility for studying
conceiving, designing, observing construction, and assisting in the programming for
operating and maintaining engineering works. Other services that are unforeseen initially
may be required of the Civil Engineer during the evolution of a project. The health, safety,
well-being and comfort of the public in using a facility, and the ultimate facility cost, all
depend to a considerable extent on how well members of the project team fulfill their
professional and contractual responsibilities.
The Civil Engineers, therefore, has obligations as trustee to the public interest as well as
faithful to the private interests of client. Successfully fulfilling these responsibilities
required candor, mutual trust, and effective communication and understanding between
the Civil Engineer and client.
 Civil Engineers shall conduct themselves in a highly Professional Manner and Serve
as Faithful Trustees or agents of their client or employers.
 Civil Engineers are therefore bound by the Fundamental Canons of Ethics
 Care and Protection of the environment is paramount in the Civil Engineer’s work
engagement
 Civil Engineers must always strive to maintain the highest standard of Ethical
Professional Practice in their dealing with Client Employers, employees,
competitors and the community.

FUNDAMENTAL CANONS OF ETHIC


CANON 1 : Civil Engineers shall hold paramount the safety, health and welfare of the public
and shall strive to comply with the principles of sustainable development in the performance
of their professional duties.
CANON 2 : Civil Engineers shall perform services only in areas of their competence.
CANON 3 : Civil Engineers shall issue public statement only in an objective and truthful
manner.
CANON 4 : Civil Engineers shall act in professional matters for each employer or client as
faithful agents or trustees, and shall avoid conflicts of interest.
CANON 5 : Civil Engineers shall build their professional reputation on the merit of their
services and shall not compete unfairly with others.
CANON 6 : Civil Engineers shall act in such a manner as to uphold and entrance the honor,
integrity, and dignity of the civil engineering profession.
CANON 7 : Civil Engineers shall continue their professional development throughout their
careers and shall provide opportunities for the professional development of those Civil
Engineers under their supervision.
1.3 Client - Civil Engineer Relationship
Many engineering work are conceived, designed, and constructed through the efforts of
Civil Engineers employed in governmental agencies or in industry. Other engineering
projects come to fruition through the efforts of civil engineering firms engaged for a
specific project or program by public agencies or private clients. Many public and private
entities, of necessarily rely on Civil Engineers as their employees. Independent civil
engineering firms are also relied upon to accomplish projects which require special
expertise beyond the normal capabilities of the client.
1.3.1 Obligations of the Civil Engineers
The Obligations of the Civil Engineer include:
1. The Civil Engineer shall perform Scope of the Services as stated :
a. Consultations, research, investigations, and reports.
b. Design services for construction projects.
c. Construction services
d. Special services for construction projects
e. Engineering support services
f. Academic services
g. Services as Employee
2. The Civil Engineer shall exercise reasonable skill, care and diligence in the performance
of his obligations.
3. The Civil Engineer shall act independently and, as required by the contract, perform
with the necessary skills and professional judgment, when required to certify, decide
or exercise discretion between the client and a third party with whom the client has a
contract.
4. The Civil Engineer is authorized to act as the client’s faithful agent when required but
only as implied in Section 2 or implied in the contract adopted for the Project.
5. When aware of any matters which will change or has changed the scope of the
services, the Civil Engineer shall give written notice to the client containing particulars
of the change.
6. For specified staged services, the civil engineer shall not initiate or proceed with any
subsequent stage of the services without the approval of the client.
7. When required, the Civil Engineer shall direct and co-operate with all other
professionals and integrate their work where applicable into that being undertaken by
the Civil Engineer and other professionals, but shall not be professionally liable for
their work.
8. The Civil Engineer may recommend specialist suppliers and /or contractors to design
and execute certain parts of the Works, in which case the Civil Engineer shall co-
ordinate the design of such part or parts with the overall design of the works but he
shall be relieved of all responsibility for the design, manufacture, installation and
performance of any such part or parts of the work. The Civil Engineer shall not be
liable for acts of negligence, default or omission by such person or persons.
9. The Civil Engineer shall notify the client of any interest the Civil Engineer has which
significantly conflict with the interests of the client under their contract.
1.3.2 Obligations of the Clients
1. The client shall pay the Civil Engineer for his services, the amount of fees and expenses
set out in or determined in their agreement.
2. The client shall provide the Civil Engineer within reasonable time (that does not result in
delay to the provision of the services.) all information required by the Civil Engineer in the
performance of his services and a decision in writing on all matters properly referred to
the client in writing.
3. The Client shall cooperate with the Civil Engineer and shall not interfere with or obstruct
the proper performance of the services.
4. The Client shall as soon as practicable, make arrangements to enable the Civil Engineer
to enter the site and inspect facilities needed in the performance of his services,
5. The client shall arrange for the provision of services from other professionals or others
may be required and bear all costs.
6. When Civil Engineer is required to administer the work of other professionals or other
third parties who are directly contracted by the client or when the Civil Engineer is
required to act as Engineer-to-the-Contract for any contract on behalf of the client the all
instructions by the client shall be given through the Civil Engineers.
7. When aware of any matter which will change or has changed the scope of the Civil
Engineer’s services. The client shall notify in writing within 7 days the Civil Engineer
containing, as far as is practicable, the particular of the change.
1.3.3 Liability of the Civil Engineer and the Client
The Civil Engineer shall only be liable to pay damages to the client arising out of or in
connection with their Agreement if a breach of duty of care is established against the Civil
Engineer.
The Client shall only be liable to pay damages to the Civil Engineer if a breach of the
Client’s duty to the Civil Engineer is established against the client.
Resolution of any conflict arising from the Agreement between the Civil Engineer and the
Client shall be done by giving preference to the process of arbitration.
Establishment of the breach of duty on the part of the Civil Engineer and that of the
breach of the client’s duty to the Civil Engineer shall be undertaken by a third party
arbitrator mutually acceptable to the client and the Civil Engineer.
1.3.3a Limitation or Civil Engineer’s Responsibility
1. The Civil Engineer shall have no responsibility or liability for the costs, loss or damage
of whatsoever nature arising from any errors in or omission from data, documents,
plans, design or specifications not prepared by the Civil Engineer or other personnel
under the direct control of the Civil Engineer, and arising from any act or omission or
lack of performance or any negligent or fraudulent act or omission by the client or any
other consultant , contractor or supplier to the client or any employee or agent of the
client, other consultants, contractors or supplier.
2. Notwithstanding any recommendation or lack of recommendation made by the Civil
Engineer to the client, the Civil Engineer shall not be held to have made any warranty
or promise as to the suitability competence or performance of any other consultant,
contractor, supplier, or other third party.
3. 3.The Civil Engineer shall not be responsible for the techniques, method, programs,
sequence or procedures adopted by any contractor or other third party responsible for
executing any aspects of the project, nor for their performance in time, their failure to
carry out the work in accordance with any contract documents or for any other acts or
omissions.

1.3.3b Damages
If found that the Civil Engineer undertaking services is liable to the client, damages shall be
payable on the following terms:
1. Damages payable shall be limited to the amount of reasonably foreseeable loss and
damage suffered as a direct result such breach;
2. The maximum amount of damages payable in respect of liability, whether under the
law of contract or otherwise, is limited to the amount specified in the specific
provision or if no such amount or provision is specified, to the lesser of P300000 or
10% of the total amount of the portion of the work attributable to the Civil Engineer’s
breach of duty or twenty five percent of the total fees payable under their agreement.
3. If found to be liable, in circumstances where the acts or omissions of a third party have
contributed to the loss or damage, the proportion of damages payable by the party
found liable shall be limited to that proportion which is attributable to that party’s
breach of duty, whether the claims are made under contract or otherwise.
1.3.4 Suspension or Termination of Services
If circumstances arise for which the Civil Engineer is not responsible and which make it
impractical or impossible for the Civil Engineer to perform in whole or in part the services
in accordance with their Agreement then the Civil Engineer shall promptly notify the Client
of the same.
If by reason of the abovementioned circumstances certain Services had been suspended,
the time for their completion shall be extended by the extent of the delay plus a
reasonable period for their resumption, or if the speed of performing certain Services has
to be reduced, the time for their completion shall be extended as is necessary by the
reason of the circumstances.
The Client may suspend all or part of the Services or Terminate the Agreement by the
written notice of not less than 30 days to the Civil Engineer who shall immediately make
arrangements to stop the Services and minimize further expenditure.
The Civil Engineer by written notice of no less than 30 days may terminate the Agreement
or at his and her and or her discretion without prejudice to the right to terminate, suspend
the performance of the whole or part or the services under the following conditions:
1. When 30 days after the due date or payment of any account the Civil Engineer has not
received payment of that part of it which has not by that time been contested in
writing, or
2. When Services have been suspended for a period exceeding 6 calendar months, or if it
is clear to the Civil Engineer that it will be impossible or impractical to resume the
suspended Services before the period of suspension has exceeded six months.
When the Services are suspended or terminated the Civil Engineer shall be entitled to
payment for the Services carried out including consequential cost, expenses and disruption
fees incurred as a result of the suspension or termination, and remobilization fees on
resumption. Suspension or Termination of the Agreement shall not prejudice or affect
rights or claims and liabilities of the parties
1.3.5 Settlement of Disputes
If a dispute arises on either party, then that party shall by notice in writing served on the
other party of the details of the dispute and request that the dispute be resolved by
conciliation. If the matter in dispute is not resolved in conciliation between the parties
within the prescribed time then the matter in dispute shall be referred to arbitration.
1.3.6 Ownership of Data, Design and Documents
The design analyses, drawings specifications and reproductions thereof are instruments of
service owned by the Professional Engineer and shall be used only for the specific project
covered by the agreement between the Client and Engineer.

1.4 Civil Engineering Services


Civil Engineers and civil engineering firms, whether they serve public or private employers
(clients) can provide a variety of important services which are described in section 2.
Typical services may include :
• Design, consultation and advice • Arrangements for or performance
• Feasiblity studies of testing of materials and
• Field investigation and equipment
engineering data collection • Assistance in start-up, assessment
• Environmental assesments, of capacity, and operation of
impact statements or Engineering facilities
reports • Preparation of operation and
• Opinions of probable construction maintenance manuals
cost • Appraisals and rate Studies
• Preliminary and final designs, • Value Engineering
drawings, specifications and • Expert Testimony
construction bidding documents • Assesment Risks
• Assistance in securing • Structural remediation or
construction bids and awarding rehabilitation
contracts • Project Management and controls
• Construction administration and • Provision of supplemental
observation temporary staff
• Teaching
1.5 Specialization in Civil Engineering
Within the practice of civil engineering, the PICE recognizes the initial five areas of
specialization. A Civil Engineer who has demonstrated his knowledge, experience,
education and training in accordance with the requirements of the concerned specialty
committee of the PICE is awarded a certificate of specialization by the PICE. Those
awarded with the certificates are considered qualified for the positions in the respective
areas of Specialization.
Fields of specialization of a Civil Engineers
• Structural Engineering • Transportation Engineering
• Geotechnical Engineering • Construction and Management
• Water Engineering Engineering
1.6 Selection of a Civil Engineer
The engagement of a Civil Engineer is one of the most important decisions to be made
during the development of an engineering project. The accomplishment of the client’s
objectives and commitment of financial resources, soundness of design, and suitability of
the proposed project for its intended function rest upon the experience, organization, skill,
integrity and judgment of Civil Engineer. The Civil Engineer’s recommendations based on
these factors, affect life cycle costs and thereby influence the economic feasibility of
undertaking.
1.7 Prime Professional Practice
The guidelines in this manual refer specifically to the engagement of engineering services
where the consulting Civil Engineers serve as the client directly as a prime professional,
and where the client is usually also the owner of the project.
1.8 Employment
Civil Engineers employed by professional consulting firms, government agencies,
educational institutions, construction firms, manufacturing and commercial entities and
other entities.
1.9 Design Competition
Design competition is a process through which a Civil Engineer is selected above other
competitors based on proposal or an innovative approach to solving a client’s needs.
Competing firms are normally shortlisted from a number or engineers responding to a
client’s solicitation either directly by letter request or indirectly through a newspaper or
other form or publication. The civil engineer should be awarded a stipend to participate in
the competition.
1.10 Contingency basis of employment
Engineers may request, propose or accept professional commissions on a contingency
basis only under circumstances in which their professional judgments would not be
compromised
1.11 Professional Practice of Foreign Civil Engineers
Foreign Civil Engineers are allowed by law to practice civil engineering in the Philippines
under the following instances.
1. The law of the foreigner’s state or country allow the citizens of the Philippines to
practice civil engineering on the same basis and grant the same privileges as those
enjoyed by the subjects or citizens of such foreign state or country
2. Allowed under international agreement
3. Consultant to be engaged in foreign-funded, joint venture or foreign-assisted projects
of the government
4. 4. Employees of the Philippine or foreign private institutions pursuant to law

5. 5. Civil Engineers who were former citizens of the Philippines who had been registered
and issued a certificate of registration and a professional identification card prior to
their naturalization as foreign citizens and who, while in the country on a visit, sojourn
or permanent residence, desire to practice their profession.

Section 2: Classification of Engineering Services


2.1.1 General
The needs for professional civil engineering services vary, and the civil engineering
firms that meet these needs vary in organizational structure, size and capability. Many
Civil Engineering firms specialize in areas of engineering, such as geotechnical or
structural, and transportation, water and construction management and provide their
services to a prime engineer, architect, or owner. Few civil engineering firms are
qualified to provide complete service for all projects and the use of associate
professionals to provide specialized services is common.
Services provided by Civil Engineers can be grouped into five broad categories:
1. Consultation, research, 4. Special Services for
investigations and reports. construction projects
2. Design services for 5. Engineering support services
construction projects 6. Academic services
3. Construction Services 7. Services as Employee

Types of infrastructure under the domain of civil engineering, pursuant to RA 544, as


amended, include:
• Streets, bridges, highways and railroads
• Airports and hangars
• Potworks, canals, river and shore improvements, light houses and dry docks
• Buildings
• Fixed structures for irrigation, flood protection, drainage, water supply and
sewerage works
• Tunnels
2.2 Consultations, Research, Investigations and Reports
These Services deal primarily with collecting, interpreting and reporting information,
together with formulating conclusions and making recommendations. Typical services
in this category are:
• Preliminary and Feasibility Investigations and Reports
• Planning Studies
• Appraisals, Valuation and Rate Studies
• Assistance in Financial Matters
• Materials Engineering and Equipment Tests
• Direct Personal Services
• Research and Development
• Special Services
2.3 Design Services For Construction Projects
Civil Engineering services are required for each of six typical phases of construction
project. All services are preferably furnished by the same Civil Engineer for consistency
and efficiency, although at times services in various phases are furnished by different
engineers or by the client. The services are supplemented by special services which
may be provided by the client a specialized engineer, or another Civil Engineer.
The six standard phase of a construction project and the engineering services needed
for each are:
• Study and Report Phase. Analysis of the client’s needs conceptual design, conceptual
opinions of probable construction cost.
• Preliminary Design Phase. Preparation of final design criteria, preliminary drawings,
outline specifications, and preliminary opinions of probable construction cost.
• Final Design Phase. Preparation of design calculations, construction drawings, and
specifications estimated construction cost and other contract documents.
• Bidding and Negotiating Phase. Assistance to the client with the bidding or
negotiating process for construction of the project.
• Construction Phase. Advice and consultation on matters related to the services.
• Operation Phase. Assistance to the client in start-up and operation of the project,
including periodic inspections.
2.4 Construction Services
3. A registered Civil Engineer may engage in construction contracting after being licensed
as a contractor by the Contractors Accreditation Board. It is considered unethical for
Civil Engineer to allow his license to be used by any other construction company
except his own.
4. A registered Civil Engineer may provide the services of a supporting technical
employee as required of a construction company. He shall however, be paid the
professional fees, in addition to his regular salary for any design works he performs for
which he signs as professional Civil Engineer and/or engineer on record
2.5 Special Services for Construction Projects
Special services required during the study, design, construction, and operation
phases of a construction project may include investigations, reports and activities
beyond the scope of the basic services. These services. These services, many of
which are also listed earlier in this section under category “Consultation,
Investigations and Reports, may relate to the clients decisions as to the feasibility
scope, and location of the project.
1. Geotechnical Engineering – including test borings, sampling and analysis, and
recommendations.
2. Special studies, tests, and determinations to establish design criteria or
demonstrate compliance.
3. Land surveys, establishment of boundaries and monuments, preparation of
easement descriptions, and related computations and drawings.
4. Engineering and topographic surveys for design and construction.
5. Mill, shop, or laboratory inspections of the materials and equipment
6. Additional copies of reports, construction drawings, specifications, and other
documents as required for bidding and construction beyond the number specified
in the Basic Services agreement
7. Extra travel and subsistence as defined by the agreement for engineering services.
8. Value engineering including review of the work of other engineers, either within
the same organization or in other firms to determine whether a proposed solution
is optimum and, if.
9. Redesign to reflect changes requested by the client or necessitated by the client's
acceptance of substitutions proposed by the contractor.
10. Assistance to the client as an expert witness in litigation in connection with the
project or in hearings before approving and regulatory agencies.
11. Final investigations involving detailed consideration of operation, maintenance,
and overhead expenses; preparation of final rate schedules, and earning and
expense statements: appraisals, valuations, and material audits or inventories
required for certification of force account construction performed by the client or
for extra work done by the contractor.
12. Preparation of detailed applications and supporting documents grants or advances
for public works projects.
13. Plotting, computing, and filing of subdivision plans, staking of lots, and other land
planning and partitioning activities.
14. Preparation of environmental assessment and impact statements and other
assistance to the client in connection with public hearings.
15. Additional studies and design efforts to meet special conditions encountered
during construction.
16. Assistance to the client in the selection and engagement of architects, other
engineers, contractors and subcontractors, and observation and approval of their
services or work; contacts with governmental agencies to obtain permits and
documents; and other services related to project development.
17. Assessment of a completed project’s ability to meet its design intent relative to
capacity, maintainability, operability or reliability
18. Computer simulation and modeling.
2.6 Engineering Support Services
The professional services described above often require engineering support services.
2.7 Academic Services
These services involve full time or part time teaching or training of prospective
professionals and also the upgrading of knowledge and skills of fellow professionals.
2.8 Services as Employee
This is a condition when a civil engineer engages to perform work or fulfill duties
regularly for wages or salary being paid by an employer.
• A Civil Engineer may be employed for any position or function in any commercial or
institutional organization. Where he is performing civil engineering functions, he is
required to follow the code of ethics for Civil Engineers and comply with the standards
and guidelines for this manual
• A Civil Engineer in part time employment with a firm considered to be an employee
and at the same time a consultant of the firm.
• Any Civil Engineer employed as an individual consultant of any firm, whether the firm
is performing engineering, commercial, administrative, management or financial
services is required to comply with the requirements and the standards herein
established for a consulting Civil Engineering firm or consulting Civil Engineer.
• All Government Civil Engineers employed by the instrumentalities of the Government
e.g. national and local, shall be governed by pertinent existing laws and regularities
and particularly to those prescribed by the Civil Service Commission.

Section 3 : The Selection of the Civil Engineer


3.1 General
The selection and engagement of a Civil Engineer is one of the most important
decisions to be made during the development of an engineering project. No two Civil
Engineer have the same training, experience, capabilities, personnel, workloads and
particular abilities. Selection of the most qualified Civil Engineer for a specific project
will result in a well-planned and designed, economical and successful project.
3.2 Basis For Selection
The client should establish administrative policy and criteria for the selection of
qualified Civil Engineer for particular projects. The client’s first step is to define the
proposed scope of the project. In some cases, this may be a general statement of the
performance requirements of the project. At other times, the task to be performed
maybe individually identified and defined. By clearly defining the services which the
Civil Engineer is to furnish, the client can accurately judge whether or not the Civil
Engineer is best equipped to provide them.
Some of the factors that should be considered in the selection process are:
• The professional and ethical reputation of the Civil Engineer and the staff as
determined by inquiries to previous clients and other references.
• Responsible Civil Engineers and its employee and must be registered professional Civil
Engineers.
• Civil Engineers should have demonstrated qualifications and expertise, performing the
services required for the project.
• Civil Engineer should be able to assign qualified engineering staff who will be in
responsible charge of the project and will be able to provide and compete the
required services within the time allotted.
• The Civil Engineer should have the necessary financial and business resources to
accomplish the assignment and provide continuing service.
3.3 Client’s Selection Committee
Within the client’s organization there should be an established administrative policy
for designating the persons authorized to select or recommend selection if Civil
Engineers for specific assignments. The persons appointed should be familiar with the
project requirements and should be kept free of internal pressure during the selection
process.
One satisfactory procedure is to utilize a selection committee of three or more
individuals, at least one of whom is a professional engineer of the appropriate
discipline. For public projects, the client must choose individuals who demonstrate
objectivity in order to avoid the appearance of a conflict of interest in the selection of
the Civil Engineer. At least one of the individuals should be thoroughly familiar with
the civil engineering practices. The committee is responsible for making
recommendations after conducting appropriate investigations, interviews and
inquiries. The final selection is then based upon the selection committee’s
recommendations.
3.4 Qualifications-Based Selection (QBS) Procedure
The selection procedure is considerably enhanced when the client is fully familiar with
the purpose and nature of the proposed project, can describe the project in detail, and
can prepare a project scope and outline of services expected of the Civil Engineer. In
some cases the client may not have professional staff available to define the project
scope and describe the required services. The client should still be familiar enough
with the project requirements to understand what is expected of the civil engineer.
The selection procedure, however can be modified to suit the circumstances.
• By invitation or by public notice, state the general nature of the project, the services
required, and request statements of qualifications and experience from Civil Engineers
who appear to be capable of meeting the project requirements.
• Prepare a budget for the staff time and costs that can be expected from potential Civil
Engineer prior to receipt of the RFQs and RFPs
• Evaluate the statements of qualification received. Select at least three Civil Engineers
or firms that may appear to be best for the specific project.
• Write a letter to each Civil Engineer or selected for further consideration describing
the proposed project in detail, including a project scope and outline of services
required, and asking for a proposal describing in detail the Civil Engineer’s Plan for
managing and performing the required services, the personnel to be assigned, the
proposed schedule, experience with similar projects, office location in which services
are to be performed, financial standing, present workload, and references.
• On receipt of proposals, invite the Civil Engineers or firms to meet individually with the
selection committee for interviews and discussions of the desired end results of the
project and the engineering services required.
• Check with recent clients of each Civil Engineer or firm to determine the quality of
their performance.
• List the Civil Engineer or firms in order of preference, taking into account their
approach and understanding of the project, reputation, experience, financial standing,
size, personnel available, quality of references, workload, location and other factors
pertinent to the project being consider.
• Invite the Civil Engineer considered to be the best qualified to develop a detailed
scope. List of deliverables and schedule and to negotiate fair compensation.
• The compensation proposed by the Civil Engineer should be evaluated on the basis of
the clients experience and budget estimate taking account of the range of charges.
• if satisfactory agreement is not reached with the first civil engineer, the negotiations
should be terminated and the Civil Engineer be notified in writing to that effect.
Similar negotiation should then be held by the second engineer if necessary.
• When agreement has been reached on scope, schedule and compensation, the client
and selected Civil Engineer should formalize their Agreement in written contract.
3.5 Selection procedure for “Level of effort Contract”
A “level of effort” type of contract for engineering services is a contract procedure
used to supplement a client staff, either by providing an extension to existing
disciplines and capabilities already on board or by adding special disciplines not
available on the client’s staff

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