Professional Documents
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1.3.1 OBLIGATIONS OF THE CIVIL ENGINEER 1.3.3 LIABILITY OF THE CIVIL ENGINEEER AND THE CLIENT
The Obligations of the Civil Engineer include: The Civil Engineer shall only be liable to pay damages to the Client
1. The Civil Engineer shall perform Scope of the Services as stated arising out of or in connection with their Agreement if a breach of
in SECTION 2. duty of care is established against the Civil Engineer.
2. The Civil Engineer shall exercise reasonable sill, care and The Client shall only be liable to pay damages to the Civil Engineer
diligence in the performance of his obligations. if a breach of the Client’s duty to the Civil Engineer is established
3. The Civil Engineer shall act independent and, as required by the against the Client.
contract, perform with the necessary skills and professional Resolution of any conflict arising from the Agreement between the
judgement, when required to certify, decide or exercise discretion Civil Engineer and the Client shall be done by giving preference to
between the Client and a Third party with whom the Client has a the process of arbitration.
contract. Establishment of the breach of duty on the part of the Civil
4. The Civil Engineer is authorized to act as the Client’s faithful Engineer and that of the breach of the Client’s duty to the Civil
agent when required but only as implied in SECTION 2 or implied Engineer shall be undertaken by a third-party arbitrator mutually
in the contract adopted for the Project. acceptable to the Client and the Civil Engineer.
5. When aware of any matters which may will change or has
changed the scope of the services, the Civil Engineers shall give 1.3.4 a. Limitation or Civil Engineer’s Responsibility
written notice to the Client containing particulars of the change. 1. The Civil Engineer shall have no responsibility or liability for
6. For Specified Staged Services, the Civil Engineer shall not costs, loss or damage of whatsoever nature arising from any errors
initiate or proceed with any subsequent stage of the Services in or omission from data, documents, plans, design or
without the approval of the Client. specifications not prepared by the Civil Engineer, or other
7. When required, the Civil Engineer shall direct and co-operate personnel under the direct control of the Civil Engineer, and arising
with all other professionals and integrate their work where from any act or omission or lack of performance or any negligent or
applicable into that being undertaken by the Civil Engineer and fraudulent act or omission by the Client or any employee or agent
other professionals, but shall not be professionally liable to their of the Client, Other Consultants, Contractor or suppliers.
work. 2. Notwithstanding any recommendation or lack of
8. The Civil Engineer may recommend specialist suppliers and/or recommendation made by the Civil Engineer to the Client, the Civil
contractors to design and execute certain parts of the Works, in Engineer shall not be held to have made any warranty of promise
which case the Civil Engineer shall coordinate the design of such as to the suitability, competence or performance of any Other
parts or parts with the overall design of the Works but he shall be Consultant, Contractor, supplier, or other third party.
relieved of all responsibility for the design, manufacture, installation 3. The Civil Engineer shall not be responsible for the techniques,
and performance of any such part or parts of the Works. The Civil methods, programs, sequences or procedures adopted by any
Engineer shall not be liable for acts of negligence, default or Contractor or other third party responsible for executing any
omission by such person or persons. aspects of the Project, nor for their performance on time, their
9. The Civil Engineer shall notify the Client of any interest the Civil failure to carry out the work in accordance with any contract
Engineer has which may significantly conflict with the interest of documents or for any other acts or omissions.
the Client under their Contract.
1.3.3 b. Damages 1.3.6 OWNERSHIP OF DATA, DESIGNS AND DOCUMENTS
If found that the Civil Engineer undertaking Services is liable to the The design analyses, drawings, specifications and reproductions
Client, damages shall be payable on the following terms: thereof are instruments of service owned by the Professional
1. Damages payable shall be limited to the amount of reasonably Engineer and shall be use only for the specific project covered by
foreseeable loss and damage suffered as a direct result of such the agreement between the Client and Engineer.
breach;
2. The maximum amount of damages payable in respect of liability, 1.4 CIVIL ENGINEERING SERVICES
whether under the law or contract, or otherwise, is limited to the Civil Engineer and civil engineering firms, whether they serve
amount specified in the Specific Provision or, if no such amount or public or private employers (clients) can provide a variety of
provision is specified, to the lesser of P300,000 or 10% of the total important services which are described in Section 2. Typical
amount of damages of the portion of the work attributable to the services may include:
Civil Engineer’s breach f duty or twenty percent of the total of fees •Design, consultations and advice.
payable under their agreement; •Feasibility studies
3. If found to be liable, in circumstance where the acts or •Field investigations and engineering data collection
omissions of a third party have contributed to the loss or damage, •Environmental assessments, impact statements or Engineering
the proportion of damages payable by the party found liable shall reports
be limited to that proportion which is attributable to that party’s •Opinions of probable construction cost
breach of duty, whether the claims are made under contract or •Preliminary and final designs, drawings, specifications and
otherwise. construction bidding documents
•Assistance in securing construction bids and in awarding
1.3.5 SUSPENSION OR TERMINATION OF SERVICES contracts
-If circumstances arise for which the Civil Engineer is not - •Construction administration and observation
responsible and which make it impractical or impossible for the •Arrangements for or performance of testing of materials and
Civil Engineer to perform in whole or in part the Services in equipment
accordance with their Agreement then the Civil Engineer shall •Assistance in start-up, assessment of capacity, and operations of
promptly notify the Client of the same. facilities
-If by reason of the abovementioned circumstances certain •Preparation of operation and maintenance manuals
services has been suspended, the time for their completion shall •Appraisals and rate studies
be extended by the extent of the delay pus a reasonable period for •Value engineering
the resumption, or if the speed of performing certain Services has •Expert testimony
to be reduced, the time for the completion shall be extended as is •Assessment of risks
necessary by reason of the circumstances. •Structural remediation or rehabilitation
-The Client may suspend all or part of the Services or terminate •Project Management and controls
the Agreement by written notice of not less than 30 days to the •Provision of supplemental temporary staff
Civil Engineer who shall immediately make arrangements to stop •Teaching
the Services and minimize further expenditure.
-The Civil Engineer by written notice of no less than 30 days may Civil Engineers may also serve as construction managers or
terminate the Agreement or at his and or her discretion without program managers and may employ other subconsultants and
prejudice to the right to terminate, suspend the performance of the subcontractors as part of their services.
whole or part or the Services under the following conditions. Many Civil Engineers and civil engineering firms specialize in
1. When 30 days after the due date or payment of any account the specific areas of engineering, such as: structural and foundation,
Civil Engineer has not received payment of that part of it which has geotechnical and environmental, water resources and hydraulics,
not by that time been contested in writing, or transportation, and construction management and engineering.
2. When Services have been suspended for a period exceeding 6 Professional Civil Engineer firms draw upon the combined talents
calendar months, or if it is clear to the Civil Engineer that it will be of various disciplines such as economists, planners, engineers and
impossible or impractical to resume the suspended Services designers, estimators, architects, scientists, technical analysts,
before the period of suspension has exceeded six months. specification writers, drafters, field representatives, surveyors, and
When the Services are suspended or terminated the Civil Engineer others. The expertise of practitioners and specialist in other fields,
shall be entitled to payment for the Services carried out including particularly as the use of computers and computer- aided design
consequential costs, expenses and disruption fees incurred as a and drafting increases, is also utilized. Likewise, Civil Engineer are
result of the suspension or termination, and remobilization fees on employed by these practitioners to assist them in the performance
resumption. Suspension or termination of the Agreement shall not of their respective services.
prejudice or affect accrued rights or claims and liabilities of the The Civil Engineer provides services which may result in the
parties. client’s committing financial resources for construction of a
proposed project. The suitability of the constructed project for the
1.3.5. SETTLEMENT OF DISPUTES intended function must often be accepted at face value by the
If a dispute arises on either party, then that party shall by notice in client, who may be unfamiliar with the technical and civil
writing served on the other party of the details of the dispute and engineering aspects of the project. Thus, civil engineering services
request that the dispute be resolved by conciliation. If the matter in must be performed in a competent and efficient manner, on a
dispute is not resolved in conciliation between the parties within highly professional and ethical plane, and in an atmosphere of
the prescribed time then the matter in dispute shall be referred to mutual respect and trust.
arbitration. Project implementation has become increasingly complex,
involving financial, environmental, regulatory, technical and
managerial matters. As a result, clients have opted to pursue a
number of implementation approaches. One such approach in for independent reviews, and costs, insurance and other annual
commonly called program management. The client retains a charges and the resulting life-cycle costs of the project.
program manager to perform specialized tasks necessary to the Importantly, the client should recognize that selecting an engineer
development or construction of specific project. Alternatively, the based on the quality and expertise is somewhat subjective. It is
client may retain a program manager to develop, define and imperative that clients assign those individuals who are best suited
oversee the program, prepare budgetary estimates of program within their organizations to make that selection.
costs, prepare program schedules, evaluate and select members Once a Civil Engineer is selected, detailed discussions between
of the program team, and provide periodic program status reports. the engineer and client to define the scope and expectations of the
In other cases, the program manager’s staff would in essence act engineering services to be provided, are essential before
as an extension of and interact with, the client’s staff through the negotiating a fee for services. A clearly defined scope of services
life of the program. In most cases, the client continues to be the greatly reduces the potential for misunderstandings or confusion
contracting agent with all members of the program team and the which can later evolve into project delays and claims for additional
contractors hired to construct the project. The Program Manager is compensation. A detailed scope of services protects the interests
generally a Civil Engineer. of both the client and the consultants.
The Philippines Institute of Civil Engineers support procedures
1.5 SPECIALIZATION IN CIVIL ENGINEERING such as those specified by CIAP Documents 101 and 102,
Within the practice of civil engineering, the PICE recognizes the Executive Order 164, and PD 1594 as amended. In applying these
initial five areas of specialization. A Civil Engineer who has procedures, the selection, procurement, and administration of
demonstrated his knowledge, experience, education and training in engineering services should be the responsibility of the owners or
accordance with the requirements of the concerned Specialty the owner’s engineering staff.
Committee of the PICE is awarded a certificate of specialization by
PICE. Those awarded with the certificates are considered qualified 1.7 PRME PROFESSIONAL PRACTICE
for positions in the respective areas of specialization. The guidelines in this manual refer specifically to the engagement
The PICE recognize specializations in the fields of structural of engineering services where the consulting Civil Engineers serve
engineering, geotechnical engineering, water engineering, as the client directly as a prime professional, and where the client
transportation engineering, and construction management and is usually also the owner of the project. Some information in this
engineering. A Civil Engineer who has specialized in any are of manual is also applicable when the Civil Engineer serves the client
civil engineering may be considered as a specialist in the indirectly as a sub-consultant through another engineer or architect
appropriate field as enumerated. who serves as the prime professional. These services may also be
performed through another entity on a design-build construction
1.6. SELECTION OF A CIVIL ENGINEER management, or turnkey project.
The engagement of a Civil Engineer is one of the most important
decisions to be made during the development of an engineering 1.8 EMPLOYMENT
project. The accomplishment of the client’s objectives and The guidelines in this manual also refer to Civil Engineers
commitment of financial resources, soundness of design, and employed by professional consulting firms, government agencies,
suitability of the proposed project for its intended function rest upon educational institutions, construction firms, manufacturing and
the experience, organization, skill, integrity, and judgment of the commercial entities and other entities.
Civil Engineer. The Civil Engineer’s recommendations based on
these factors, affect life- cycle costs and thereby influence the 1.9 DESIGN COMPETITION
economic feasibility of the undertaking. Design competition is a process through which a Civil Engineer is
The cost of the full range of engineering services typically amounts selected above other competitors based on proposal or an
to not less than 1 to 2% of the life-cycle cost of most construction innovative approach to solving a client’s needs. Competing firms
projects. It is, therefore in the client’s best interest to engage the are normally shortlisted from a number or engineers responding to
most qualified and reputable Civil Engineers or Civil Engineering a client’, solicitation either directly, by a letter request or indirectly
firm available. It is usually advantageous for the client to select a through a newspaper or other form or publication. The civil
Civil Engineer who can support the project from conception engineer should be aware a stipend to participate in the
through design, construction, and project start-up. Continuity of competition.
service aids in developing a relationship between the Civil
Engineer and the client, which will add to the success of the 1.10 CONTINGENCY BASIS OF EMPLOYMENT
project. Canon 5c or the PICE Code or Ethics provides that “Engineers
Civil Engineer who can support the project from conception may request, propose or accept professional commissions on a
through design, construction, and project start-up. Continuity of contingency basis only under circumstances in which their
service aids in developing a relationship between the Civil professional judgments would not be compromised. “Although
Engineer and the client, which will add to the success of the contingent commissions are permissible, it is the general view of
project. PICE that it is not in the best interest of the client or the public for
Qualifications, experience, reputation, and quality of client service the Civil Engineer to provide professional services on a
are of critical importance in the selection of a Civil Engineer as a contingency basis.
consultant. Selection based primarily on cost of services, with
limited consideration of the competence or expertise if the 1.11PROFESSIONAL PRACTICE OF FOREIGN CIVIL
consultant, can result in ENGINEERS
unsatisfactory service to the client and in higher overall project Foreign Civil Engineers are allowed by law (See RA 8991) to
costs. The Civil Engineers competence in specialty fields, practice civil engineering in the Philippines under the following
performance on other projects of similar nature, interrelationship instances.
with the design team members, personnel assignments, provision
1.The laws of the foreigner’s state or country allow the citizens of studies may include the impact of a project upon the environment,
the Philippines to practice civil engineering on the same basis and sustainable development, operating costs, life-cycle costs,
grant the same privileges as those enjoyed by the subjects or financing considerations, and expected revenues as bases for
citizens of such foreign state or country. conclusions and recommendations regarding the advisability of
2.Allowed under international agreement. undertaking a project.
3.Consultants to be engaged in foreign-funded, joint venture or
foreign-assisted projects of the government. 2.2.2 Planning Studies
4.Employees of Philippine or foreign private institutions pursuant to These services may include the broad areas of developing the
law. engineering requirements of master plans for long-range capital
5.Civil Engineers who were former citizens of the Philippines, who improvement programs; preparation of preliminary engineering of
had been registered and issued a certificate of registration and a land development plans, urban plans, and regional plan; and the
professional identification card prior to their naturalization as investigation of environmental conditions and preparation of
foreign citizens, and who, while in the country on a visit, sojourn or environmental impact studies with subsequent engineering
permanent residence, desire to practice their profession. planning to improve or maintain existing conditions. Such planning
The application of the law is however not automatic. Foreign civil often requires coordination of the work of many engineering and
engineers must still secure certificate of registration/license or other disciplines.
special permit from the Professional Regulation Commission.
Agencies, organizations or individuals, whether public or private, 2.2.3 Appraisals, Valuations and Rate Studies
who secure the services of a foreign Civil Engineer, are made These services may include investigations and analyses of existing
responsible by law (R.A. 8981) for securing a special permit form conditions; capital and operating costs; overhead costs and costs
the PRC and the Department of Labor and Employment pursuant of financing; and revenues as needed to evaluate a property or to
to their respective rules. recommend establishment of prospective rates.
The percentage fee shall consider the type, complexity, location, SECTION 5 TOTAL PROJECT COST
and magnitude of construction cost of the project and shall not 5.1 GENERAL
exceed the following percentages of estimated construction cost:
Probable total cost is a major concern of the client throughout the As the project moves forward from the study and report phase
planning design, and construction phases of a project. The through the final design phase and finally to construction award,
probable total capital cost, often used to establish budgets for a more becomes known about project details and costs, until at the
typical project, is made up of: completion of the project, the final project cost becomes a known
1. Professional engineering costs quantity.
2. Construction cost To provide for intangible costs, contingencies should routinely be
3. Legal and land costs added to the basic cost estimate. It is common practice to add 20%
4. Owner’s cost, including project administration, staffing, financing or more to the estimated probable total project cost at the
and other overhead completion of the study end report phase reducing this to perhaps
10% at the completion of final design and perhaps to 5% when
5.2 PROFESSIONAL ENGINEERING COSTS construction bids become known. Larger or more complex projects
A Civil Engineer is often engaged to make a study and to render a may require higher contingencies.
planning report on the contemplated project, including alternative
solutions, layouts, and locations along with initial estimates of the 5.6 SUMMARY
probable project cost. These may involve alternative or phased Estimate of probable total project cost should be periodically
implementation schemes which add flexibility to the project. revised by the engineers as the design moves forward and more
The study and report phase may include the cost for field or traffic information becomes known. The client is normally responsible for
surveys, planning analyses, geotechnical explorations and providing estimates of those costs which may lie outside the Civil
analyses, in addition, to the direct engineering costs. Engineer’s knowledge or expertise, such as those in the legal,
The costs of coordination, evaluation implementation and land, administrative and financial areas.
compliance have increased correspondingly. The extent of these
concerns may not be identified during the study and report phase, Appendix A
and sometimes not even after final plans and specifications have SCHEDULE OF MINIMUM BASIC FEE
been prepared. As a result, the estimated probable total cost of the Part A – Minimum Compensation for Civil Engineer as Prime
project based on the study and report phase must be understood Professional. When the Civil Engineer assumes overall
to be preliminary in nature. coordination including architectural and other engineering services,
Because projects vary widely in nature and scope, the study and the Engineer is a prime professional
report phase is important because its implementation determines a. Group I – Simple structures such as lofts, warehouses, garages,
the scope and development of the entire project and its ultimate sheds, market buildings, and comparable projects of one but not
capital and lifecycle cost. At times, preliminary investigations more than two stories
become extensive and lengthy that the study and report phase
costs as much or more than the final design phase.
During the final design and construction phase, additional
surveying and geotechnical engineering services may be needed.
Also, special or additional engineering services not originally
identified may be required by the client or recommended by the b. Group II – Buildings of 3 stories up to 14 stories, towers, tanks,
Civil Engineer exhibition buildings, memorials, industrial buildings, simple bridges,
low dams, piers, wharves, bins and silo and comparable projects.
5.3 CONSTRUCTION COST
The study and report phase of the project usually includes a
preliminary estimate of the construction cost for the contemplated
project and for alternative project configurations. Such cost
estimates are approximate, since the final design drawings and
specifications have not yet been prepared. In addition, the timing of
the construction work must be considered because inflation will c. Group III – Buildings with fifteen (15) or more floors, long span
affect the construction cost. and complex bridges, high dams, major portworks power plants
Construction Cost is the estimated total cost of constructing the and other complex structures not covered in Groups I and II.
facility to be covered by the proposed detailed design or
construction supervision services, excluding the fees and other
costs of such services, the cost of the land and right-of-way, and
legal administrative expenses of the agency. The estimated
construction cost must be approved by the client before the
invitation to submit technical proposal is issued. If the civil engineer is not the prime professional for the above
groups but renders basic civil engineering services only, his fee
5.4 LEGAL, LAND, ADMINSTRATION, STAFFING AND shall be a minimum of 25% of the prime professional fee.
FINANCIAL COSTS
These costs, which includes audits, the cost of issuing bonds, land Part B – Minimum Compensation for Civil Engineer as Professional
costs, and interest for borrowed money during construction, are Not Prime. When the Civil Engineer renders basic Engineering
part of the probable total project cost and can best be estimated in Design Services only his fee shall be as follows:
cooperation with the client because they are usually outside the a.) Group IV – Hotels, large apartment buildings, office
knowledge and control of the Civil Engineer. buildings, shopping centers, store buildings, resorts, hospitals and
comparable projects.
5.5 CONTIGENCY ALLOWANCE
b.) Structures not falling in any group shall be classified into Group
III.
Minimum Compensation for Civil Engineer’s for rendering the
following services