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 tor
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 Engineer,
therefore, has obligations as trustee to the public interest as well as faithful to the
private interests of clients. Successfully fulfilling these responsibilities require candor,
mutual trust, and effective communication and understanding between the Civil
Engineer and the client. Only in this way can a professional relationship be established
and a successful project implemented. Civil Engineers shall conduct themselves in a
highly Professional Manner and Serve as a Faithful Trustees or agents of their client or
employers. Civil Engineers are therefore bound by the Fundamental Canons of Ethics
contained in this manual. 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.

1.3 CLIENT-CIVIL ENGINEER RELATIONSHIPS

Many engineering works 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 necessity 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. More recently clients have been
utilizing new concepts, such as program management and design-build, to implement
projects.

1.3.1 OBLIGATIONS OF THE CIVIL ENGINEER

The Obligations of the Civil Engineer include: 1. The Civil Engineer shall perform Scope
of the Services as stated in SECTION 2. 2. The Civil Engineer shall exercise reasonable
skill, care and diligence in the performance or his obligations. 3. The Civil Engineer shall
act independently and, as required by the contract, perform with 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
SECTlON 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 Works. 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 may significantly conflict with the
interests of the Client under their Contract.

1.3.2 OBLIGATIONS OF THE CLIENT

The Client has the following obligations. 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 as may be required and bear all costs. 6. When the 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 then all instructions by
the Client shall be given through the Civil Engineer 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
particulars 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.
1.3.3 a. Limitation or Civil Engineer's Responsibility
1. The Civil Engineer shall have no responsibility or liability for costs, loss or damage or
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 suppliers 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. The Civil Engineer shall not be responsible for the techniques, method,
programmes, sequences or procedures adopted by any Contractor or other third party
responsible for executing any aspects of the Project, nor for their performance on time,
their failure to carry out the work in accordance with any contract documents or for any
other acts or omissions.

1.3.3 b. 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 of such
breach; 2. The maximum amount of damages payable in respect of liability, whether
under the law or 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 P300.000 or
10% of the total amount of damages of the portion of the work attributable to the Civil
Engineer's breach of duty or twenty five percent of the total of 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 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 reason of the circumstances. The Client may suspend all
or part of the Services or terminate the Agreement by 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 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
tor a period exceeding 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 costs, 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 accrued 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, DESIGNS 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: 1.)Design, consultations and advice
2.)Feasibility studies 3.)Field investigations and engineering data collection
4.)Environmental assessments, impact statements or Engineering reports 5.)Opinions
of probable construction cost 6.)Preliminary and final designs, drawings, specifications
and construction bidding documents 7.)Assistance in securing construction bids and in
awarding contracts 8.)Construction administration and observation 9.)Arrangements for
or performance of testing of materials and equipment 10.)Assistance In start-up,
assessment of capacity, and operation of facilities 11.)Preparation of operation and
maintenance manuals 12.)Appraisals and rate studies 13.)Value engineering 14.)Expert
testimony 15.)Assessment of risks 16.)Structural remediation or rehabilitation
17.)Project Management and control 18.)Provision of supplemental temporary staff
19.)Teaching Civil Engineers may also serve as construction manager or program
managers and may employ other sub consultants and subcontractors as part of their
services. Many Civil Engineers and civil engineering firms specialize in specific areas of
engineering, such as: structural and foundation, geotechnical and environmental, water
resources and hydraulics, transportation, and construction management and
engineering.
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 PICE. Those
awarded with the certificates are considered qualified for positions in the respective
areas of specialization. The PICE recognizes specializations in the fields of structural
engineering, geotechnical engineering, water engineering, transportation engineering,
and construction management and engineering. A Civil Engineer who has specialized in
any area of Civil engineering may be considered as a specialist in the appropriate field
as enumerated.

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 a 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 the Civil Engineer. The Civil Engineer's recommendations based on
these factors, affect life-cycle costs and thereby influence the economic feasibility of the
undertaking. The cost of the full range of engineering services typically amounts to not
less than 1 to 2% of the lite-cycle cost of most Construction projects. It is, therefore in
the client's best interest to engage the most qualified and reputable Civil Engineers or
Civil Engineering firm available. It is usually advantageous for the client to select a Civil
Engineer who can support the project from conception through design, construction,
and project start-up. Continuity of service aids in developing a relationship between the
Civil Engineer and the client, which will add to the success of the project. Qualifications,
experience, reputation, and quality of client service are of critical importance in the
selection of a Civil Engineer as a consultant. Selection based primarily on the cost of
services, with limited consideration of the competence or expertise of the consultant,
can result in unsatisfactory service to the client and in higher overall project costs. The
Civil Engineers competence in specialty fields, performance on other projects of similar
nature, interrelationship with the design team members, personnel assignments,
provision for independent reviews, and costs, insurance and other annual charges and
the resulting life-cycle costs of the project. Importantly, the client should recognize that
selecting an engineer based on quality and expertise is somewhat subjective. It is
imperative that clients assign those individuals who are best suited within their
organizations to make that selection. Once a Civil Engineer is selected, detailed
discussions between the engineer and client to define the scope and expectations of the
engineering services to be provided, are essential before negotiating a fee for services.
A clearly defined scope of services greatly reduces the potential for misunderstandings
or confusion which can later evolve into project delays and claims for additional
compensation. A detailed scope of services protects the interests of both the client and
the consultants. The Philippine Institute of Civil Engineers supports procedures such as
those specified by CIAP Documents 101 and 102, Executive Order 164, and PD 1594
as amended. In applying these procedures the selection, procurement and
administration of engineering services should be the responsibility of the owner or the
owners engineering staff.

.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. Some
information in this manual is also applicable when the Civil Engineer serves the client
indirectly as a sub consultant through another engineer or architect who serves as the
prime professional. These services may also be performed through another entity on a
design-build management or turnkey project.

1.8 EMPLOYMENT
The guidelines in this manual also refer to 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 innovative approach to solving a client's needs. Competing firms
are normally shortlisted from a number or engineers responding to a clients solicitation
either directly, by a 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

Canon 5c or the PICE Code or Ethics provides that "Engineers may request, propose or
accept professional commissions on a contingency basis only under circumstances in
which their professional judgments would not be compromised." Although contingent
commissions are permissible, it is the general view of PICE that is not in the best
interest of the client or the public for the Civil Engineer to provide professional services
on a contingency basis.

1.11 PROFESSIONAL PRACTICE OF FOREIGN CIVIL ENGINEERS

Foreign Civil Engineers are allowed by law (See RA 8981) to practice civil engineering
in the Philippines under the following instances. 1.) The laws 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.) Consultants to
be engaged in foreign-funded, joint venture or foreign-assisted projects of the
government. 4.)Employees of Philippine or foreign private institutions pursuant to law.
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. The application of the law is
however not automatic. Foreign civil engineers must still secure a certificate of
registration/license or special permit from the Professional Regulation Commission.
Agencies, organizations or individuals, whether public or private, who secure the
services of a foreign Civil Engineer, are made responsible by law (RA 8981) for
securing a special permit from PRC and the Department of Labor and Employment
pursuant to their respective rules.

Classification of Engineering Services

2.1 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 provide comprehensive services to the client, while other 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: 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 The types of infrastructure under the domain of civil
engineering pursuant to RA 544, as amended, include: 1.)Streets, bridges, highways
and railroads 2.)Airports and hangars 3.)Port works, canals, river and shore
improvements, light houses and dry docks 4.)Buildings 5.)Fixed structures for irrigation,
flood protection, drainage, water supply and sewerage works 6.)Tunnels The coverage
of civil engineering has not been changed nor diminished by subsequent laws.

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:

2.2.2 Planning Studies

These services may include the broad areas of developing the engineering
requirements of master plans for long-range capital improvement programs: preparation
of preliminary engineering of land development plans, urban plans, and regional plans,
and the investigation of environmental conditions and preparation of environmental
impact studies with subsequent engineering planning to improve or maintain existing
conditions. Such planning often requires coordination of the work of many engineering
and other disciplines.
2.2.3 Appraisals, Valuations and Rate Studios
These services may include investigations and analyses of existing conditions; capital
and operating costs; overhead costs and costs of financing; and revenues as needed to
evaluate a property or to recommend establishment of prospective rates.

2.2.4 Assistance in Financial Matters

The Civil Engineer may be engaged by a client who is planning to issue bonds,
particularly revenue bonds, to finance a capital project. The scope of services may
include an evaluation of capabilities of existing or proposed facilities to meet present
and projected future needs, statements of probable construction costs, and an estimate
of annual revenue requirements, with a determination of appropriate rates to provide
this income.

2.2.5 Materials Engineering and Equipment Tests

These services include tests of materials and equipment under established codes and
standards, specialized examination of equipment and materials used in construction
and industry, and other inspections and monitoring required by a client.

2.2.6 Direct Personal Services

This includes services such as assistance in preparation for legal proceedings.
Appearances before courts or commissions to render expert opinions and conclusions,
and investigations of technical matters where specialized civil engineering knowledge,
experience, and judgment are required.

2.2.7 Research and Development

Research is a specialized investigation and gathering of data from existing resources or
through laboratory works and processes related to the purpose and object of the
research. Research and development may cover the following: (a) Development of new
construction materials and methods from concept to commercialization. (b)
Improvement of construction materials and methods through exhaustive studies to
reduce total construction cost and at the same time improve quality.

2.2.8 Special Services

These services can vary to suit special needs of the client and can include such diverse
activities as: 1.)Value engineering 2.)Appraisal and valuation 3.)Load testing
4.)Environmental evaluations 5.)Traffic engineering 6.)Forensic engineering for
structural and other failures 7.)Operational assistance 8.)Materials process design
9.)Pilot studies 10.)Computer modeling 11.)Safety engineering 12.)Topographic,
sounding and boundary survey engineering 13.)Toxic and hazardous waste evaluation
14.)Permit and application services 15.)Sales and marketing services 16.)Expert
witness 17.)Representation of municipal or private entities in projects proposed for
privatization
2.3 DESIGN SERVICES FOR CONSTRUCTION PROJECTS
Civil engineering services are required for each of six typical phases of construction
projects. 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 phases of a construction project and the engineering
services needed for each are: 1.)Study and Report Phase. Analysis of the clients needs
conceptual design conceptual opinions of probable construction cost. 2.)Preliminary
Design Phase. Preparation of final design criteria, preliminary drawings, outlines
specifications, and preliminary opinions of probable construction cost. 3.)Final Design
Phase. Preparation of design calculations, construction drawings, specifications,
estimated construction cost, and other contract documents. 4.)Bidding or Negotiating
Phase. Assistance to the client with the bidding or negotiating process for construction
of the project. 5.)Construction Phase. Advice and Consultation on matters related to his
services. 6.)Operation Phase. Assistance to the client in start-up and operation of the
project, including periodic inspections.

2.3.1 Study and Report Phase

This phase involves determination of project scope and economic and technical
evaluation of feasible alternatives. The services performed during this phase may
include: 1.)Reviewing available data and consulting with the client to clarify and define
the client's requirements for the project. 2.)Advising the client as to the necessity of
providing or obtaining from others additional data or services and assisting the client in
obtaining such data and services. These additional services may include
photogrammetry, reconnaissance surveys, property surveys, topographic surveys,
geotechnical investigations and consultations, seismicity studies, compilation of
hydrological data, traffic studies, materials engineering, assembly of zoning, deed and
other restrictive land use information, and environmental assessments and impact
statements. 3.)Identifying and analyzing requirements of governmental authorities
having jurisdiction to approve the design of the project and participating in consultations
with such authorities. 4.)Providing analyses of the client’s needs, planning surveys,
Comparative evaluations of prospective sites and solutions. 5.)Providing a general
economic analysis of the client's requirements applicable to various alternatives.
6.)Preparing a report and presenting alternative solutions available to the client with the
Civil Engineer's findings and recommendations. The report may contain schematic
layouts, Sketches, conceptual design criteria with appropriate exhibits to indicate clearly
the considerations involved (including applicable requirements of governmental
authorities having jurisdiction) and the Civil Engineers conceptional opinion of probable
costs for the project.

2.3.2 Preliminary Design Phase

This phase involves the establishment of the general size and scope of the project and
its location on the selected site. The preliminary design services may include:
1.)Consulting with the client, reviewing preliminary reports, clarifying and defining the
project requirements, reviewing available data, and discussing general scheduling.
Conferences may also be required with approving and regulatory governmental
agencies and applicable utilities. 2.)Advising the client as to whether additional data or
services of the type described under the study and report phase above required and
assisting the client in obtaining such data and services. 3.)Preparing preliminary design
documents consisting of final design criteria, preliminary drawings, outline
specifications, and written descriptions of the project. 4.)Preparing revised estimates of
probable total project costs. 5.)Providing periodic status reports.

2.3.3 Final Design Phase

This phase of project development is usually undertaken only after the client has
approved the preliminary design phase material. The basic services for the final design
phase may include: 1.)Preparing construction drawings and specifications showing the
character and extent of the project based on the accepted preliminary design
documents. 2.)Preparing and furnishing to the client a revised estimate of probable total
project costs based on the final drawings and specifications. 3.)Furnishing the
necessary engineering data and assisting in the application for regulatory permits from
local or national authorities. This is distinguished from and does not include detailed
applications and supporting documents for government grants-in-aid or planning grants
that would be furnished as additional services described later in this section.
4.)Preparing basic documents related to construction contracts for review and approval
by the client (and the client's legal and of her advisors) These may include contract
agreement forms, general conditions and supplementary conditions, invitations to bid,
instructions to bidders, insurance and bonding requirements, and other contract-related
documents. 5.)Furnishing to the client specified number of copies of drawings,
specifications and other contract documents. 6.)Providing final design and construction
services for design-build contracts. The engineer generally serves as a subcontractor to
a general contractor during the initial planning and design phases. Services provided by
the engineer may extend through the construction phase, as appropriate. 7.)Providing
periodic status reports.

2.3.4 Bidding or Negotiating Phase

Services under this phase may include: 1.)Assisting the client in advertising for and
obtaining bids or negotiating proposals for each separate prime construction contract,
maintaining a record of prospective bidders to whom bidding documents have been
issued, attending pre-bid conferences, and receiving and processing deposits for
bidding documents. 2.)Issuing addenda as appropriate to interpret, clarify, expand or
amend the bidding documents. 3.)Assisting the client in determining the qualifications
and acceptability of prospective contractors, subcontractors and materials suppliers.
4.)Consulting with and advising the client as to the acceptability of alternative materials
and equipment proposed by the prospective constructors when substitution prior to the
award of contracts is allowed by the bidding documents. 5.)Attending the bid opening,
preparing bid tabulation sheets and providing assistance to the client in evaluating bids
or proposals and in assembling and awarding contracts for construction, materials,
equipment and services.
2.3.5 Construction Phase

Services under this phase involve consulting with and advising the client during
construction and are usually those associated with service as the client's representative.
Most Civil Engineers are not willing to assume the responsibilities associated with
construction phase services without providing resident project representative services at
the site. Construction phase services may include: 1.)Reviewing, for compliance with
design concepts, shop and erection drawings submitted by the constructors.
2.)Reviewing laboratory, shop, and mill test reports on materials and equipment.
3.)Visiting the project site at appropriate intervals as construction proceeds to observe
and report on the progress and the quality of the executed work. 4.)Providing services
during construction by a full-time resident project representative, and by supporting staff
as required, to enable construction to be accomplished in conformance to the
construction drawings, specifications, and other contract documents. 5.)Issuing
instructions from the client to the contractors, issuing necessary interpretations and
clarifications of contract documents, preparing change orders, requiring special
inspections and testing of the work, and making recommendations as to acceptability of
the work. 6.)Making recommendations to the client on corrective actions or contractual
measures that may be exercised by the owner. 7.)Preparing sketches required to
resolve problems due to actual field conditions encountered. 8.)Determining amounts of
progress payments due, based on degree of completion of the work, and
recommending issuance of such payments by the client. 9.)Observing and assisting
performance tests and initial operation of the project. 10.)Preparing record drawings
from information submitted by the contractor. 11.)Making a final inspection and reporting
on completion of the project, including recommendations concerning final payments to
contractors and release or retained percentages.

2.3.6 Operation Phase

At the completion of construction, the Civil Engineer may as a basic service, assist in
the start-up of project operations. Nee Civil Engineer may be commissioned to prepare
a manual for both operation and maintenance requirements, and may also provide
assistance in adjusting and balancing equipment, identifying deficiencies and assisting
in obtaining corrections, and performing inspection prior to the end of the project
warranty period. The Civil Engineer may assist in operator training, setting up job
classifications and salaries, organizing the purchase of supplies developing charts for
recording operational data, and observing and reporting on project operations.

2.4 CONSTRUCTION SERVICES

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 a
civil engineer to allow his license to be used by any other construction company except
his own. 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 work he performs for
which he signs as professional Civil Engineer and/or engineer on record. A Civil
Engineer may be employed as a construction engineer, resident Civil Engineer, project
engineer, quality control engineer cost engineer or engineer inspector in a project. In
accordance with Section 23 of RA 544, only registered Civil Engineers can take charge
or Supervise construction or alteration of any building or structure and any other Civil
engineering works mentioned in Section 2 of the mentioned Republic Act. The Civil
Engineer when employed is similarly required to comply with the code of ethics of the
profession as the consulting Civil Engineer.

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, many of which are also listed earlier in this
section under the category "Consultations, Investigations, and Reports, may relate to
the clients decisions as to the feasibility scope, and location of the project. The
research, compilation of engineering data, and acquisition of property may involve
professional specialists in engineering and other fields. Special services that may be
provided by the Civil Engineer or negotiated with other firms or sub-consultants by the
Civil Engineer acting on behalf of the client could include 1.)Geotechnical engineering-
including test borings, sampling and analysis, and recommendations. 2.)Special studies,
tests, and process 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 not, to suggest a
better approach for meeting the project's functional and financial criteria. 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 tor 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.
Geotechnical engineering, for example, frequently requires services such as taking soil
and rock borings, excavating test pits sampling and identifying soil and earth materials,
field and laboratory tests and geophysical measurements and observations. The
engineering support services in general civil engineering practice may involve drafting,
land and construction surveying, and other data gathering activities for specialized
purposes. Although persons who are not Civil Engineers sometimes accomplish some
of these tasks, the procurement of adequate and correct data usually requires
professional Civil Engineering judgment and guidance. Since soundness of any
engineering decision is dependent upon the accuracy and suitability of data obtained in
field and laboratory investigations these supporting services must be under the
guidance of the Civil Engineer whose decisions will be based upon those data.

2.7 ACADEMIC SERVICES

These services involve full or part time teaching or training of prospective professionals
and also the upgrading of knowledge and skills of fellow professionals. Academic
services may include 1.)Teaching of civil engineering courses in engineering
colleges/universities on part/full time basis. As per RA 8981, all subjects for licensure
examinations shall be taught by persons who are holders of valid certificates of
registration/professional licenses and professional identification cards, or special
temporary permits, or a valid certificate of competency for the profession issued by the
Commission, and who comply with the other requirements of the CHED. 2.)Lecturing in
civil engineering courses designed by the Philippine Institute of Civil Engineers for
practicing engineers who want to obtain CPD credits. 3.)Conducting tutorials/refresher
courses on civil engineering concepts and related subjects 4.)Serving as a Resource
Speaker in Technical Session. 5.)Writing technical articles and pamphlets.

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 of this manual.
A licensed Civil Engineer may not allow his licensed to be used by the company that
employs him without the proper agreement for his professional services. Where the firm
he is working for uses his license to sign and seal the plans, specifications, and contract
document, the Civil Engineer must charge the professional fee for said services. A Civil
Engineer in part time employment with a firm is considered to be an employee and at
the same time a consultant of the firm. The standards for an employee and an individual
consultant as defined in this manual apply to this Civil Engineer. 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. In case of any conflict with any of the provisions of this
Manual of Practice, such pertinent laws and regulations shall take precedence and shall
govern.

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
Engineers 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. This section
presents what experience has shown to be the best and, therefore, the recommended
procedure for the engagement of a Civil Engineer.

3.2 BASIS FOR SELECTION

The client should establish administrative policy and criteria for the selection of qualified
Civil Engineers 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 tasks 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. 1.)The professional and ethical reputation of the Civil Engineer
and his staff as determined by inquiries to previous clients and other references.
2.)Responsible Civil Engineers and its employee and must be registered professional
Civil Engineers. 3.)Civil Engineers should have demonstrated qualifications and
expertise, performing the services required for the project. 4.)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 complete the required services within the time allotted.
5.)The Civil Engineer should have the necessary financial and business resources to
accomplish the assignment and provide continuing service. The selection procedures
described in this manual apply to projects of the private sector. For government
projects, E.O. 164 and PD 1594 as amended apply to procurement of consulting
services and selection of contractor for construction, respectively.

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 of Civil Engineers
for specific assignments. The persons appointed should be familiar with the project
requirements and should be kept free of internal or external 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. The client's
usual steps in the selection procedure are presented below. If the client has had
satisfactory experience with one or more Civil Engineers, it may not be necessary to
follow all of the steps outlined. 1.)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. The client may issue Request for Qualifications" (RFQ) or "Request for
Proposals" (RFP). RFQs are normally used to ascertain the general qualifications in a
selected area of expertise while RFPs are used to seek Civil Engineers for creating
"short lists for selecting a Civil Engineer for a specific project. 2.)Prepare a budget for
the staff time and costs that can be expected from potential Civil Engineer prior to
receipt of the RFQs or RFPs. 3.)Evaluate the statements of qualifications received.
Select at least three Civil Engineers or firms that may appear to be best qualified for the
specific project. It should be noted that often more than three Civil Engineers or firms
may appear to be equally qualified- in which case more Civil Engineers or firms may be
considered. However, in fairness to those not selected it is usually best to make a
conscientious effort to keep the number selected for further consideration for realistic
minimum in view of the cost and time required to prepare competent proposals. 4.)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. Each Civil Engineer or firm should
have an opportunity to visit the site, review all pertinent data and obtain clarification of
any items as required. For major or complex projects a pre-proposal conference may be
desirable to explain details of the proposed scope of services and to answer questions.
5.)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. These interviews may be held at the Civil
Engineer's office. The client may consider supplementing the selection committee with
personnel who have specialized expertise to advise the committee, when appropriate.
During each interview the selection committee should review the qualifications and
experience of each Civil Engineer or firm, the capability to provide the services within
the time allotted, and the key personnel to be assigned to the project. 6.)Check with
recent clients of each Civil Engineer or firm to determine the quality of their
performance. This check need not be limited to references listed by the Civil Engineer.
7.)List the Civil Engineer or firms in the 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 considered. 8.)Invite the Civil Engineer considered to be
best qualified to develop a detailed scope. List of deliverables and schedule, and to
negotiate fair compensation for the services. 9.)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 reported in Section 4 herein; giving
consideration to the project's special characteristics and the scope of services agreed
upon. Fair and reasonable compensation to the Civil Engineer is vital to the success of
the project since it will enable the consultant's expertise to be fully utilized. 10.)If
satisfactory agreement is not reached with the first Civil Engineer, the negotiations
should be terminated and the Civil Engineer or firm be notified in writing to that effect.
Similar negotiations should then be held with the second Civil Engineers or firm and, if
necessary, with the third Civil Engineers or firm. If no accord is reached, the client
should seek outside assistance before continuing with the selection process. Such a
procedure will usually result in development of a satisfactory contract. All such
negotiations should be on a strictly confidential basis, and in no case should the
compensation discussed with one Civil Engineer be disclosed to another. 11.)When
agreement has been reached on scope, schedule and compensation, the client and
selected Civil Engineer should formalize their agreement in a written contract.

3.5 SELECTION PROCEDURE FOR "LEVEL OF EFFORT" CONTRACTS

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. As applied to "level of effort" contracts, the QBS procedure sets forth the
general nature of services to be rendered, the types of specialists required and the
estimated number of hours required during the contract period for each type and grade
of specialist, and then requests proposals from qualified firms. Proposals usually state
the experience of the firm as it pertains to the given scope of services, and the
backgrounds of the specialists available to work on the project. After narrowing the
proposals to those which best meets experience qualifications, the client negotiates an
agreement as described in paragraphs 9-11 above.
3.5.1 Bidding
Professional engineering and architectural societies recognize QBS as the preferred
method for procurement of professional services. ln fact the NEDA Guidelines require
the procurement of professional engineering and architectural services only by a
process similar to that described in "Qualifications-Based Selection Procedure", above.
Selection of Civil Engineers and related service professionals, including consultants and
sub consultants on construction projects, should result from competition based on the
qualifications and resources best suited to complete a project successfully in terms of
performance quality and cost effectiveness. Qualifications and resources, including
training, professional licensing experience, skills, capabilities, special expertise
personnel, and workloads, are paramount considerations in engaging engineering
services. Costs of these services, while important and meriting careful negotiations and
performance accountability, are a small portion of overall project costs and should be
subordinate to professional qualifications and experience. There are many reasons why
bidding for consulting Civil Engineering services often produces unsatisfactory results
for the client. Principal among these are: 1.)Bidding does not recognize professional
judgment, which is the key difference between professional services and the furnishing
of products. Judgment is an essential ingredient in quality engineering services. 2.)It is
virtually impossible to completely detail in advance the scope of services required for an
engineering project especially for the study and preliminary phases, without lengthy
discussions and negotiations with the selected firm. Lacking specifics, the bidding firms
must, in order to be competitive, submit a price for the least effort envisioned. The
resulting service performed is likely to be tailored to fit the minimal requirements of the
bid documents and will not necessarily suit the client's needs or expectations. 3.)In-
depth studies and analyses by the consulting Civil Engineer are not likely to be
performed. The consulting Civil Engineer selected by lowest bid will often provide only
the minimum services necessary to satisfy the client's scope of services. 4.)The
consulting Civil Engineer's ability to be flexible and creative in meeting the client's
requirements is severely limited. 5.)The engineering designs are likely to be minimal in
completeness with the details left to the contractor. This produces a lower first cost
design but tends to add to the cost of the completed project. The lack of design-details
also can and frequently does, lead to a greater number of change orders during
construction and to contractor claims at a later date. For these reasons, bidding for
professional services is not recommended.

3.5.2 Two-Envelope System

The two-envelope system involves submission of a technical proposal in one envelope
and a price proposal in a second envelope. The client then evaluates the technical
proposals and selects the best qualified Civil Engineer based on that consulting Civil
Engineer's technical proposal. At this point in the selection procedure, the client opens
the price proposal submitted in the second envelope and uses this as a basis for
negotiation of contractual scope and fees. The second envelopes submitted by the
unsuccessful proposers are returned unopened. If the client follows this procedure, the
net effect is as outlined in "Qualifications-Based Selection procedure”, provided that the
Client and the best qualified consulting Civil Engineer have extensive discussions to
reach full agreement on the scope of services. This allows the client to utilize the
knowledge and experience of the consulting Civil Engineer in establishing the scope of
services. Upon agreement of scope, the price of services should be negotiated to reflect
changes from the original scope used for obtaining proposals. If both envelopes of all
proposers are opened at the same time, a bidding process, as discussed in the section
on "Bidding," is initiated with attendant disadvantages. Procedures should be
established to provide confirmation that the second envelope is opened for only the
successful proposal. The two-envelope system is not recommended. If used as
intended, it is similar to the recommended QBS procedure except that the added cost to
prepare a comprehensive scope and price discourages some consulting Civil Engineers
from participating. The costs to prepare a proper price proposal are considerable to the
firms not selected, which increases the overall business costs of consulting civil
engineering and ultimately of the clients.