section 1 ~The Practice of Civil Engineering J addresses the procurement of civil engineering A. ually project. Quality by cefintion is one | Meeting both tre expectations of the client o° the requtements of the project. It requires Hedication, effort, adequate time for ‘vestigation, Innovation, fair compensation, and appropriate fesponebilty. It cannot bo achieved only by effor at OF end of a project. These efforts must be conscious, find consistent throughout all phasas of a project. ts trom team effort and is measured by the degree of of all parties involved. This menual Is dedicated to oth the understanding and quality of the practice of jeoring. Joprment of t's manual is precicated on the basis that Civil 19 services aro accomplished in a manner meeting the 1 care of the profession of Civil Engineering, JOFESSIONAL RESPONSIBILITY lard of practice is for Givd Engineers jo be gen iliy for ‘studying, conceiving, designing, odserving jon, and assistrg in the programming for operating end ing encineering works, Other services that are unforeseen be required of the Cn Enginoer during he evolution ofUiing. a facility, and tho ultimate focity cost, idevabe extent on tow wel members ofthe project team fut Hplofessionel and cortractual responsibaiige. Tho. Civt foro, hes cbigalions as Wustee to the puble interest as fathfl & tho prWvete inloresis of certs. Successfull Ing these resporsiilies. require candor mutual trust, and ive communication and understanding betwoon the’ Civl gineer and the client. Only in this way can 2 professionel datonship be esiebished and a successful projex implemented Engineers shall conduct themselves in @ highly Professional lanier and Serve as Faithful Trustees or agenis of thet client or ployer. fl Engineers are therefore bound by the Fundamental Canons of jes contained inthis manual fe and protection of the environment is peramount in the Civil idnaer's work engagement, Civil Engineers must always strive to maintain the hichest standard f Ethical Professional Practice in thelr dealing wilh Client ‘employers, employees, compettors and the community. 19 CLIENT-CIVIL ENGINEER RELATIONSHIPS ‘Many engineering works are conceived, designed, and construciod finovsh the effors of Civl Engingers employed in governmental lagercios on industy. Other engineering projects come to futon ‘eugh the efforts of en engineering fms engaged fr a specie Brolect or program by puble agences or privete clients. Many bic and private entities, of necessty rly on Givl Engineers as iF ermployoes. Independent civi engmeerng firs are also reled pon to accompish projects which require special expertise beyond normal capabilios of the lent, More resenlly clients have ltizing new concepts, such as program management and J bUI, 19 Implement projects | and explanation of proper ‘elationships between Civil land thelr public and private lenis are Important fof this manual. These aro discussed below (See Annox. jample Contracts of Services), OBLIGATIONS OF THE CIVIL ENGINEER 1@ Obligations of the Civil Engineer include: | The Civil Engineor chat perform Scope of the Services a2 slated in SECTION 2 | Tho Civil Enginoor shol! exorciee reasonable ski, care and diligence in the performance of his obligations. ‘The Cuil Engineer shall act independently and, as required by the contiact, perform with the necessary skis and professional judgement, when required io cetily, decide or bxercise discretion between the Cllent and 2 Thi party with whom the Ciont has a contract. 4. The Chil Engineer is authorized to act as the Client's faithful agent when required but only as implied m SECTION 2 or implied in the contract adopted forthe Project. 5. Wnen aware of any mattore which will chango or has changed the scope of the services, the Civil Engineer shall Dive writlen notice to the Client containing particulars of the change, . For Specified Staged Services, the Chil Engineer shall not intlata or procoec with ary subsequent stage of the Services. without the approval ofthe Client0 7. When requited, the Givi Engineer shall direct and Gmoperate ‘nih all other professionals and integrate their work where yppieablo into that bong undertaken by the CWilEnginaer land cthar professionals, but shall not be professionally liable for thal werk. B. The Givl Enginoer may recommond specialist suppliers andor contractors to design and execute certain parts of the Works, in whic cage the Civil Engineer shal co-ordinate the sign of such part or parte wth the ovoral design of tne Works but he shall be relieved of all responsibilty for the design, manufacture, installation and performance of any ‘such part or parte of the Works. The Civil Enginesr shall not be liable for acts of negligence, dofault or omiecion by euch person or persons. 8. The Civil Engineer shell notify the Clent of any intorost the Chil Engineer hes which may significantly conflict with the Imerests of the Clent uncer thei Contract 1.32 OBLIGATIONS OF THE CLIENT ‘The Clint hes the following obligations. 4. The Client shal pay the Civil Engineer for his Services, the ‘amount of fees and expenses set out in or determined in their Agreement, 2, ‘The Cilent shall provide the Civil Engineer within reasonable time (that does at reeult 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 wilting on all mattors property referred to the Client in wring. 4 Tho Gilont shal cooperate with the CII Engineer and shat fot Interfere with oF obstruct the proper performance of the Services "The Cent shall, as soon a8 practicable, make arrangements, to enable the Civil Engineer to enter the site and inspact faciites needed in the performance of his services ‘The Client shall arrange for the provision of services fiom bother professionals or others as may be required and bear al costs When the Civl Engineer required to administer the work of father professionals or other third parties who aro directly Contracted by the Client or when the iil Engineer is Fequired to act as Engineer-to-the-Gontract for ary contract fon behalf of the Client then ail instructions by tho Client chat be given through the Chil Enginoer. When aware of any matter whieh wil change or has changed {he scope of the Civil Engineer's Services, tho Client ehll notify n weting within 7 days the Civil Engineer containing as fat as is practicable, the pericula's of the change. 1.3.3 LIABILITY OF THE CIVIL ENGINEER AND THE CLIENT ‘The Chil Engineer shat only be liable to pay damagas to the Liient arising out of or in connection with their Agreement if @ “breach of duty of care is established against the Civil Engineer ‘The Citent shall only be lable to pay damages to the Civil Engineer i a breach of the Client's duty tothe Civil Engineer ‘slablished agains the Client Resolution of any contct arising from the Agreement betweon the Civ Engineer and the Client shall be done by giving= prference (othe process of arbitration va Establishment of the breach of duty on the part of the Cri inber and that of the breach of the Clent's duty to the Givi Inver shall be undertaken by a third party arbitrator mutually ble to the Client and the Civil Enginoer. 4.8.8 a, Limitation or Givil Engineor's Responsibility 4, The Civil Ereincer shall have no responsibly or liabiity for costs, oss or damage of whatsoever naiure arising from any errors. in or omission from data, documents, plans, dosign or specifications not prapared by the Civil Engines ‘or other personnel under the direct control of the Civil Engineer, and arising tiem any act or amission or lack of porformance or any nogigont cr fraudulant act or omiesion by the Client or any Other Consultant. Contractor or supplier to the Cent or any empbyee oF agent of the Clent, Other Consutante, Contractors or suppliers 2 Notwithstanding any recommendation or tack of fecommendation made by the Civil Engineer 1o the Clent, the Civil Engineer ehall not be hold to havo made any warranty or promise as fo the suitabilly, competence or performance of any Oller Consultant, Contractor, suppie, or thor third party. 3. The Civ Engineer shall not be responsible for the fechniques, method, programmes, sequences or procedures, adopted by any Contractor or other thie party responsible for executing any aspects of the Project. nor for their artormance on time, their falure to carry out tre work In ‘accordance with any’ contract documents or for any ether facts or omissions. 1.8.9 b, Damag {found thatthe Cll Engineer undertaking Services is Hable Hie Cent, damages shall te payable on the following sm A. Damages payable shal be limited to the amcunt of feasonably foreseeable loss ond damage suffered as a thteet result of such breach; 2. The maximum amount of damages payable in rospect of Nabilty, whether under the law or contract, or otherwise, is limited to the arrount specie in the Specific Provision or, if Fo sich amount oF provision is specified, to the lesser of 300,000 or 102% of the total amount of damages of the Portion of the work attributable to the Civil Engineers breach Df duty or twenty fve percent of the total of foes payabe, under their Agreomont; 3. If found to be Fable, in clicumstances where the acts or Omissions of a third party have contributed to tho loss or damage, the proportion of damages payable by the party found lable shall be limited to that proportion which is atibutable to that partys breach of duly, whether the claims fro mado under contract or otherwise. |34 SUSPENSION OR TERMINATION OF SERVICES circunstances arise for which the Civil Engineer is not sponsible and which make it impractical or impossible for the IVI Engineer to periorm in whole or in part the Services ‘ordenee with their Agreement then the Ciil Engineer shall pprompily noily the Giient of the same, i! by reason of the abovementioned circumstances certain Gervices had been suspended, the time for their completion‘bo oxteridod by the extort of the delay plus a {quest tha! tho dispute be resoived by conctiation Wf the {period for thelr resumption, oF i tho spood of performing certain ‘i dapulle fs not resolved in conetiation botwoon the Ajrvioes has to. be reduced, the time for their completion shal withi the preserbed time then the matter in dispute shal orxied as is necessary by reason ofthe chicumstances, red to arttration ‘Tho Client may euspend all or part of the Servicas or terminate OWNERSHIP OF DATA, DESIGNS AND DOCUMENTS. ‘Agreement by written notice of not less than 30 days to the il Engineer who shall immediately make crrangements to Wesign analyses, drawings, specifications and ‘he Services and minimize furher expenditure, Wvetions thereof are inetruments of service owned by the sional Engineer and shall be used only for the specific “The Guil Engineer by writen notice of no less than 30 days may ject covered by the agreement betneen the Client and piminate the Agreement or at Fis and of her dieretion without ner. “plsjudice to tho right to terminate, suspond the performance of he whiole or part or the Services under the folowing exndtions CIVIL ENGINEERING SERVICES When 30 days aftor the duo dato or payment of any account fngineors and civil engineering firme, whether they serve Civil Engineer hes not received payment of that part of i CF private employers (chents) can ‘provide a variety of wivch has not by that time been contested in wring, or it Senices which are desctibed in Section 2. Typical may inch: 4. Whon Services have been suspended for a period exceeding 6 calendar months, oF itis clear to the Civil Engineer tna tl Design, consutations and advice tbo impossiblo o: impractical to resume the suspended Services botoro the period of suspension has exceeded six months, Feasibility studies When the Services are suspended or terminated the Civil Enger shall be entitled to payment for the Services carried ‘ut including consequential costs, exsenses and disruplion fees Environmental assessinents, impact statements or Incurted as a result of the suspension or termination, and Engineering reports ‘omobilzation fees on resumption. “Suspension or termination of the Agreement shall not prejudice or affect acciued rights or pinions of probable construction cost claims and liabilities ofthe parties. 4.3.6 SETTLEMENT OF DISPUTES Fiots investigations and engineering data collecton reliminary ard tinal designs, drawngs, specifications and nstruetion bidking documents Ia dispute arises on either party, then that party shall by notice jsistonce In securing construction bids and in avarding __ In writing served on the othor party of the deteils of the dispute ‘ontractsEngineering tins draw upon the combines + Gonstruction administration and observation iisejpines auch as economists, planner, 1818) eatimalors, architects, scientists, + Arrangements for or performance of tasting of ma fipecification writers, rafters, tid ‘equipment %, and others, Tho expertise of In other flocs, particulary as the use of ‘Assistance In star-up, assessment of capaciy, and opt raided design and dating increases, is ‘of factitios i Ghil Engineers. are employed by these isl them in tho performance of their respective * Preparation of operation and maintenance mariials + Appraisals and rato studios Provides services which may result in tho cliente J) fesources for constuction of a proposed + Value engineering tabilly of the construcied project for the intended fflen he accepted at face value by the clent, whe Exper testimony jar with the technical and oivil engineering aspects Thus, ivi engineering services must be performed in Pitbecrnectotiieks Jand efficient manner, cn a highly professional ang ‘aNd In-an ctmosphoro of mutual roepeet and trust. ‘© Structural eemediation or rehabil tion iMentation has become inereasingly complex, valving + Project Management and controls WyFormental, regulatory, technical and managerial 4 resuk, clients have opted to pursue e number of + Provision of supplemental temporary sta 1 approaches. One. such approach is commonly management The ctent retains a pregram manager + Teaching Specalzed tacks necoseary to the dovolopment of Of a specie project. Allematively. the cfent may [GMii_Enginesrs may also sere as construction managers yam manager to develop, define and oversse the Bregrar manogers and may employ other subconsutans a pare budgetary estimatos of program coats, prepare {ubcontactors as par oftheir services jules, evatete and select members of the program Blovise periods progiam satus repors. In cther cases, Mary Civi Engineers and evil engineering tims epecialize yi manager's stat woul n essence aet a8 an extension fshectic areas of engineering, such as: structural and foundeti ot with, the cients staf trough the if ofthe program, {Qooteehnical and environmental, water resources and hydraul the sient continues 1 be the contracting agent wilh Wansportstion, anc construction management and onginessing, f8 of the program team and the contractors nied to Me project. The Program Manager is generally a Cvilee 46 SPECIALIZATION IN CIVIL ENGINEERING nthe practice of civil engineering, the PICE recognizes tn I five areas. of spaciaization A Civil Engineer who. hi strated his knowlodgo, experience, education and training i with the reauirements of the concemed Spec mile of the PICE is awarded a certfioate of specialization IE Those avaiced with tho conifioates are considered quale positions In the respective areas of specialization, We PICE recognizes specializations in the fields of structural Wnoering, geotechnical engineering, water engineering, portalon engineering, and consifucton management and invering. A Civ Engineor who has specialized in any arca of I enginoering may bo considered es a specialist in the Fopriale field es enumerated. SELECTION OF A CIVIL ENGINEER The engagement of a Civil Engineer is ane of te most important decisions to be made curing the development of an engincering Project. Tho accomplishment of the client's objectves and Gommiiment of financial resources, soundness of design, and tabilly ofthe proposed project for ts intended functian rast upon 18 exporience, organization, okil, intogrty, and judgment of the vl Engineer. The Civil Engineer's recommendations based on These faciors, affect Ife-cyce costs and thereby inflience. the “Pepnomic feasbtiy of the undertaking, cost ofthe full range of engineering services typically amounts ‘not less than 1 10.2% of tha ite-cyclo cost of most construction fojects. I is, therefore in the clent’s best interest to engage the J08t quelified and reputable Civil Engineers oF Civil Engineering fm avilable, It is usually advantageous for the client to select 3 2 ner who war support the project trom conception through | constuction, and project startup. Continully of service Helping mitinehip between to Civ! Engineer and which will add fo the success of the project NB, experiance, reputation, and quality of cient service importance in the selection of a Civil Engineer as a Int_Selection based srimarly on cost of services, with (oneideration of the ‘competence or oxetise of tho tant, can result in unsatisfactory service to the client end in IF cverall project costs, The Civl Engineers competence in laly fle, perormance on other projects of similar nature, laionehip with the design toam mombore, personn« jnments, provision for independent reviews, and costs, fnce and other annual charges and the resulting Ie-cycle of the project. Importantly, the cliont should recognize that icing an engineer based on quality end expertise is somenhat jecive. IC's Imperative that clenis assign these indviduals who Hbost sutos within thelr organizations to make that selection. ice Civil Engineer is selacted, detailed discussions between the year and cllent to define tha scope and expectations of te jnooring services to be provided, are cetential before ating a fee for services. A clearly defined scope of services Jeni reduces the potential for misunderstandings. or coniusion ich ean later evoNe into project delays and claims for additional pensation. A detailed scope of services protects the interests both the client and the consultants, 1 Philippine inetitute of Civil Engineers supports procedures such those specified by CIAP Documents 101 and 102, Executive der 164, and PO 1594 as amended. In applying these ye0duros tho selection, procurement and administration of nolaeering services should be the responsibilty of the owner or the owner's enginaering stafV7 pum proressionnimeactce PARP OPRRAAIY RX HVIAHIA TW 8 get vow ot (GE that its not in the best interest of tho client or the public for ‘Gil Engineer to prenide professional services on a contingency The duklolnes inthis manual refer species to he engagement gineering services wnore the consulting Chal Engindors sone Us Iho cian rect as a primo professional ond whore the cients, Yabo the owner of the project. Some ivormation in ts | PROFESSIONAL PRACTICE OF FOREIGN CIVIL 19 a80 applicabie vihan tho Chal Engineer serves the olen ENGINEERS cll as a cub-consuitant rough another enginear or archer, iNet ae tho prime professional. These services may also be formed through another enfiy on a design-bull conetructon gament, or turkey project reign Civil Engineers are allowed by law (Gee RA 8981) to ee civil engineering. in the Philispines under the following tances. EMPLOYMENT ‘The lams of the foreigners state or country allow the citizens of the Philippines to practice cil engineering on tha same basis ‘end grant the same privileges ae those enjoyed by tha subjects or elizens of such foreign state or country. Quidalines in this manuot also refer to Civ Engineers ployed by professional consulting fms, governmant agencies, jonal institutions, construction fms, manufacturing and Munercal entives and cthereniios ‘Alowed under international agreomont 8 DESIGN COMPETITION Consultants to be engaged in foreign-funded, joint venture of oregn-aeekted projosts ofthe government Design competiton is a procoss throuch which @ Civil Engineer is foreign assisted projects ofthe g jected above ther compeiitors based on proposal or an 4. Employees of Philippine or frelon private institutions pursuant tolaw. Sllont, sotctation either drcty, by a leer request of inaresly 5. Civil Engineers who were former ctizers of the Philipines, ugh @ newspaper ‘or olher fon or publcaton, The. oMl ‘who had beer registered and issued a certificate of registration Bilge stows be avarded, @ etpend to, participate in. the and "a professional ieniicaton card. prior to thei pation. maturalizaton 28 foreign ciizens, and who, while in the country fon a visi, sojourn cr permanent rasdence, desite to practice 0 CONTINGENCY BASIS OF EMPLOYMENT paroaa on 60 oF the PICE Code or Ethics provides that “Engineers may les, propose or accept professional “commissions. on. & soniingency base only under croumetences which ther sional judgments. would not be compromised” Although “The application of the lav is however not automatic. Foreian civ engineers must stil socure a certiicate of registiajionficense or Speciel petit from the Professiorel Rogulation Commission. ‘Agencies, organizations or individuals, whether public or private, 4 5especiive rules. section 2 Classification of Engineering Services NERAL 6 for professional civi engineering senvicos vary, and the ring firs that moet theee needs vary in crganizationel fe, size, and capabiliy. Many civl engineering fims provide fehensive services to the client, whfe cther fms specialize in fof engineering, such as geotechnical or structural, and jortation, water and construction management, and provide oivices to a prime engineer, archlect, o¢ owner. Few civ ring firme. are qualified to provide complete service for all ‘and the use of associate professionals 10 provide lized services is common, ees provided by Civil Engineers can be grouped into five ind categories: Consultations, rasearch, investigations, and repos. Dosign services for construcion projects Gonstction services Spocial services for construction projects Enginoering suppart services ‘Academie services Services as Employee ie ypes of infrastructure under the domain of civil engineering, ysuant to RA 544, as amended, include: ‘Sireets, bridges, highways and railroads 1