Midterm CE Law Ethics and Contracts

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CE Laws, Ethics and Contracts

Lesson 4.

CIVIL ENGINEERING PROFESSION:


A PEOPLE SERVING PROFESSION

Civil Engineering
Civil engineering focuses on the infrastructure of ❑ In the beginning, Civil Engineering included all engineers
the world: Water works, Sewers, Dams, Power Plants, that did not practice military engineering; said to have
Transmission Towers/Lines, Railroads, Highways, Bridges, begun in 18th century France
Tunnels, Irrigation Canals, River Navigation, Shipping Canals,
❑ Statistics says that – ‘Civil Engineers saved more lives
Traffic Control, Mass Transit, Airport Runways, Terminals,
than all the doctors’ in the history by development of clean
Industrial Plant Buildings, Skyscrapers, etc.
water & sanitation system.
 is a professional engineering discipline that deals with
❑ Henry H. White, first KY Civil Engineering Graduate from
the design, construction, and maintenance of the physical
Bacon (Georgetown) College in 1840
and naturally built environment, including works such as
roads, bridges, canals, dams, airports, sewerage systems, ❑ Fall of 1886, “State College” (UK) established civil
pipelines, and railways engineering degree
 is considered the second-oldest engineering discipline ❑ John Wesley Gunn of Lexington received first Civil
after military engineering Engineering degree from A & M College (UK) in 1890
 Includes the conception, design construction and
management of all types of structures.
 Also deals with “Transportation system” for goods & Philippine Civil Engineering:
people.  In 1928 a group of civil engineers from the government
 It controls the environment for maintenance and sector formed the Philippine Society of Civil Engineers
improves quality of life. (PSCE) which was the first civil engineering organization in
 Broadest field of engineering trade. the Philippines with Engr. Marcial Kasilag as its first
president.
Military Engineering, the art and practice of designing and  Engr. Kasilag thereupon received the honor of holding
building military works and of building and maintaining lines PRC Registration Number 1 for Civil Engineers. He then
of military transport and communications. Military occupied a high-ranking position in the government and the
engineering is the oldest of the engineering skills and was the early members of PSCE were government engineers.
precursor of the profession of civil engineering.  On August 2, 1935, Act Number 4211 was enacted –
permitting underaged persons to take the board exam on
condition that they will not practice their profession until
they attained the required age of 21.
Civil Engineering History
 The Philippine Association of Civil Engineers (PACE) was
❑ Engineering has been an aspect of life since the
formed from a group of civil engineers in the private sector
beginnings of human existence.
with Engr. Enrique Sto. Tomas Cortes as its first president.
❑ The earliest practice of civil engineering may have The PACE being the most active than the PSCE led to the
commenced between 4000 and 2000 BC in ancient Egypt, transfer of many PSCE members to PACE.
the Indus Valley Civilization, and Mesopotamia (ancient  On June 17, 1950, the Architects (Philippine Institute of
Iraq) when humans started to abandon a nomadic Architects) prepared and lobbied the passing of the first
existence, creating a need for the construction of shelter. Architect’s law (RA 545) while the Civil Engineers (Philippine
❑ Until modern times there was no clear distinction Association of Civil Engineers), the Civil Engineering law (RA
between civil engineering and architecture, and the term 544, through the efforts of PACE President Alberto
engineer and architect were mainly geographical variations Guevarra) was also passed the same year.
referring to the same person, often used interchangeably.  In 1961, The Association of Structural Engineers of the
❑ The construction of Pyramids in Egypt (circa 2700-2500 Philippines (ASEP) was founded.
BC) might be considered the first instances of large  In 1971, PACE President Engr. Cesar A. Caliwara, exerted
structure constructions. a serious effort in merging the two organizations. Leaders of
❑ Around 2550 BC, Imhotep, the first documented PACE and PSCE negotiated, and talked about the choice of
engineer, built a famous stepped pyramid for King Djoser name. Some concerns were raised such as formal
located at Saqqara Necropolis. accounting and turnover of assets and liabilities,
❑ In ancient it was used as surveying for flood prediction. accreditation of bonafide members and election rules for
❑ John Smeaton was the first Civil Engineer in 1761. the first officers which were sooner resolved.
❑ “Seven Wonders of the World“ are all feats of civil  On June 1973, President Ferdinand E. Marcos issued
engineering. Presidential Decree 223, creating the Professional
Regulation Commission (PRC) regulating all professions and
accrediting only one organization to represent each
profession.
John Smeaton
➢ was a British civil engineer responsible for the design of
bridges, canals, harbours and lighthouses
- Plan, design, construct, maintain and operate various
Civil Engineers transportation modes (e.g., highway, railway, air, water, etc.)
Civil Engineer is one who: - Design traffic management systems.
 Build the structure that meet function, looks, cost and 6. Hydraulic Engineers
reliability specification. - Analyze and design systems to transport liquids.
 Solve regional pollution or environmental issues. - Small and large systems of pipes as well as engineered
 Gives new direction to the world through his and natural channels.
incredible ideas and innovative construction. - Hydraulic machinery such as pumps and turbines,
 Plan design and supervise construction of hydraulic controls such as valves and weirs, and hydraulic
transportation system, water system and communication structures such as dams and spillways.
networks.
7. Water Resources Engineers
Civil Engineering Process - Develop, use and manage world’s water resources.
o Planning : Find problem areas that need improvement - Design water distribution systems, wells, reservoirs,
and set the criteria for the design. Gather input from the canals, locks and dams, port facilities and flood control
public. systems.
o Design : Draw plans to show how the problem is going - Analyze the impact of other engineering projects on
the natural hydrologic system.
to be fixed.
*stream restoration
o Construction : Follow the plans from design to build the
solution to the problem. 8. Materials Engineers
o Operation/Maintenance : Fix small problems before - Design, analyze, and construct materials such as:
they become big ones Steel, Concrete, Masonry, Asphalt, Composites
o Repair and Maintenance* 9. Surveyors
o Rehabilitation : To fix something back to original - Precisely locate and layout engineering projects.
condition. - GIS (Geographic Information Systems), GPS (Global
Positioning Systems), and lasers distance measurement
Civil Engineering Specialties devices.
• Construction Management / Materials - Maps and aerial photos.
• Environmental/ Energy
• Geotechnical
• Structural 7 Wonders of Civil Engineering
• Surveying/Transportation
1. WORLD TRADE CENTER, NEW YORK
• Hydraulics/Water Resources
➢ Also known as WTC or Twin Towers
1. Construction Engineers ➢ Was a complex of seven buildings in Manhattan in
New York City before attack at Sep. 11, 2001
- Design formwork, scaffolding, lifting apparatus, etc.
- Management of construction resources: labor, 2. TOUR EIFFEL, PARIS
materials, equipment, money and time. ➢ It is an iron tower built beside Seine River in Paris.
2. Environmental Engineers ➢ One of the most recognizable structures in the
- Apply fluid mechanics, biology and chemistry to the world.
design and operation of environmental control systems, ➢ A global icon of France
e.g., municipal and industrial wastewater systems.
3. EMPIRE STATE BUILDING, NEW YORK
- Model and monitor the movement and behavior of
➢ It is a 102-story Art Deco skyscraper in New York
water pollutants in natural waters.
City.
3. Geotechnical Engineers ➢ Was the tallest building for more than forty years,
- Analyze soil and rock that affect the behavior of from its completion in 1931.
structures, pavements, underground facilities, and ➢ After the destruction of World Trade Center in 2001,
containment structures for solid and liquid wastes. it again became the tallest building in New York City.
- Design foundations, retaining walls, roadway cuts, etc.
- Field and laboratory work along with design. 4. STATUE OF LIBERTY, NEW YORK
➢ Liberty Enlightening the World, commonly known as
4. Structural Engineers Statue of Liberty.
- Design and analyze all man-made objects whose ➢ Was presented to the United States by the people of
primary function is load resistance: buildings, bridges, France in 1886.
aircraft, transmission towers, radar domes and antennas,
drilling platforms, etc. 5. METROPOLITAN MUSEUM OF ART, NEW YORK
- Must also consider the economics, esthetics and social ➢ It has permanent collection containing more than
implications of their creations. two million work of arts.
➢ The main building, often referred to simply as “the
5. Transportation Engineers
Met,” is one of the largest galleries.
- Analyze movement of persons and goods.
1.2. Planning Studies
- These services include the broad areas of developing
6. GOLDEN GATE BRIDGE, SAN FRANCISCO master plans for long-range capital improvement programs;
➢ Golden Gate Bridge construction commenced on preparation of land development plans, urban plans, and
January 5, 1933. regional plans; and the investigation of environmental
➢ One of the longest suspension bridges in the world. conditions and preparation of environmental impact
➢ The bridge consists of two towers of 746 feet this studies, with subsequent planning to improve or maintain
makes 191 feet higher than the Washington existing conditions. Such planning often requires
Monument. coordination of the work of engineering and other
disciplines.
7. BURJ AL ARAB, DUBAI 1.3. Appraisals, Valuations and Rate Studies
➢ The Burj Al Arab, known as Tower of the Arabs. - These services may include investigations and analyses of
➢ It is the fourth tallest (321 m) hotel in the world. existing conditions; estimates of capital and operating costs,
➢ The Burj Al Arab stands on an artificial island 280 m overhead costs, and financing costs; and forecasts of
out from Jumeirah beach revenues for property development or for the
recommendation of prospective utility rates.
1.4. Assistance in Financial Matters
Lesson 5 - The scope of services may include an evaluation of
capabilities of existing and proposed facilities to meet
CLASSIFICATION OF present and projected future needs, statements of probable
construction costs, and an estimate of annual revenue
ENGINEERING SERVICES requirements, as well as a determination of appropriate
rates to provide this income. The consultant also may act as
Engineering Services the responsible agent to certify that certain terms and
- means any service or creative work, the adequate conditions of the bond issues are carried out.
performance of which requires engineering education, 1.5. Materials Engineering and Equipment Tests
training and experience in the application of special - These services include tests of materials and equipment
knowledge of the mathematical, physical and engineering under established codes and standards, specialized
sciences to such services. examination of equipment and materials used in
It includes: construction and industry, and other inspections and
1. Consultation, Research, Investigations and Reports monitoring required by the clients.
2. Design services for construction projects 1.6. Direct Personal Services
3. Construction services - This includes services such as assistance in preparing for
4. Special Services for construction projects legal proceedings, appearances before courts or
5. Engineering Support services commissions to render expert opinions and conclusions,
6. Academic Services and investigation of technical matters in which specialized
7. Service as Employee engineering knowledge, experience, and judgment are
required.
List of Engineering Services pursuant to RA 544 1.7. Research and Development
❑ Consultation, design, preparation of plans, specifications, - Research is a specialized investigation and gathering of
estimates. data from existing resources or through laboratory works
❑ Installation and supervision of the construction of and processes related to the purpose and object of the
streets, bridges, highways, railroads, airports and hangars, research. Includes:
port works, canals, river and shore improvements, (a) Development of new construction materials and
lighthouses and dry docks; buildings, fixed structures for methods from concept to commercialization.
irrigation, flood protection, drainage, water supply and (b) Improvement of construction materials and methods
sewerage works; demolition of permanent structures; and through exhaustive studies to reduce total construction cost
tunnels. and improve quality
1.8. Special Services
- These services can vary to suit special needs of the client
1. CONSULTATION, RESEARCH, INVESTIGATION & REPORTS
and can include such diverse activities as:
✓ These services deal primarily with collecting, Value engineering
interpreting, and reporting information, together with Appraisal and valuation
formulating conclusions and making recommendations. Load testing
Environmental evaluations
1.1. Preliminary and Feasibility Investigations and Reports Traffic engineering
- They may focus on alternatives analysis, environmental Forensic engineering for structural and other failures
Operational assistance
impact, sustainable development, operating costs, life-cycle Materials process design
costs, financing considerations, and expected revenues as Pilot studies
bases for conclusions and recommendations regarding the Computer modeling
advisability of undertaking a project. Safety engineering
Topographic, sounding and boundary survey engineering
Toxic and hazardous waste evaluation
Permit and application services
Sales and marketing services
Expert witness
Representation of municipal or private entities in project proposed for
privatization
2. DESIGN SERVICES FOR CONSTRUCTION PROJECTS 2.3. Final Design Phase
Six Standard Phases of a Construction Project - 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.
2.1. Study and Report Phase 4. Preparing basic documents related to construction contracts
- This phase involves determination of project scope and for review and approval by the clients (and the client’s legal
economic and technical evaluation of feasible alternatives. and other advisors). These may include contract agreement
The services performed during this phase may include: forms, general conditions and supplementary conditions,
1. Reviewing available data and consulting with the client to invitations to bid, instructions to bidders, insurance and boding
clarify and define the client’s requirements for the project requirements, and other contract-related documents
2. Advising the client as to the necessity of providing or 5. Furnishing to the client specified number of copies of
obtaining from other additional data or services and assisting drawings, specifications and other contract documents.
the client in obtaining such data and services. These additional 6. Providing final design and construction services for design-
services may include photogrammetry, reconnaissance surveys build contracts. The engineer generally serves as a
property surveys, topographic surveys, geotechnical subcontractor to a general contractor during the initial
investigation and consultation, seismicity studies, computation planning and design phase. Services provided by the engineer
of hydrological data, traffic studies, materials engineering, may extend through the construction phase, as appropriate
assembly of zoning deed and other restrictive land use 7. Providing periodic status reports.
information and environmental assessments and impact
statements 2.4. Bidding or Negotiating Phase
3. Identifying and analyzing requirements of governmental - Services under this phase may include:
authorities having jurisdiction to approve the design of the 1. Assisting the client in advertising for and obtaining bids or
project and participating in consultation with such authorities. negotiating proposals for each separate prime construction
4. Providing analyses of the clients needs, planning surveys, contract, maintaining a record of prospective bidders to whom
comparative evaluations of prospective sites and solutions bidding documents have been issued, attending pre-bid
5. Providing a general economic analysis of the client’s conferences, and receiving and processing deposits for bidding
requirements applicable to various alternatives. documents.
6. Preparing a report and presenting alternatives solutions 2. Issuing addenda as appropriate to interpret, clarify, expand
available to the client with the civil engineer’s findings and or amend the bidding documents.
recommendations. The report may contain schematic layouts, 3. Assisting the client in determining the qualifications and
sketches, conceptual design criteria with appropriate exhibits acceptability of prospective contractors, subcontractors and
to indicate clearly the considerations involved (including materials suppliers.
applicable requirements of governmental authorities having 4. Consulting with and advising the client as to the
jurisdiction) and the civil engineers conception opinion of acceptability of alternative materials and equipment proposed
probable costs for the project. by the prospective constructors when substitution prior to the
award of contracts us allowed by eh bidding documents.
2.2. Preliminary Design Phase 5. Attending the bid opening, preparing bid tabulation sheets
- This phase involves the establishment of the general size and providing assistance to the client in evaluating bids or
and scope of the project and its location on the selected proposals and in assembling and awarding contracts for
site. The preliminary design services may include: construction, materials, equipment and services.
1. Consulting with the client, reviewing preliminary reports,
2.5. Construction Phase
clarifying and defining the project requirement, reviewing
available data, and discussing general scheduling, conferences
- Services under this phase involve consulting with and
may also be required with approving and regulatory advising the client during construction and are usually those
governmental agencies and applicable utilities. associated with service as the client’s representative. Most
2. Advising the client as to whether additional data or services civil engineers are not willing to assume the responsibilities
of the type described under the study and report phase above associated with construction phase services without
are required and assisting the client in obtaining such data and providing resident project representative services at the
services site. Construction phase services may include:
3. Preparing preliminary design documents consisting of final 1. Reviewing for compliance with design concepts, shop and
design criteria, preliminary drawings, outline specifications, erection drawing submitted by the constructor.
and written description of the project 2. Reviewing laboratory, shop, and mill test reports on
4. Preparing revised estimates of probable total project costs materials and equipment.
5. Providing periodic status reports 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  Perform continuous evaluation on trends and
project representative, and by supporting staff as required, to ensure that preventative maintenance is managed
enable construction to be accomplished in conformance to the at each stage of the project
construction drawings, specifications, and other contract
documents Project Manager
5. Issuing instructions from the client to the contractors, The project manager is accountable for the success or
issuing necessary interpretations and clarifications of contract failure of a project. Typical responsibilities of a project
documents, preparing change orders, requiring special manager include:
inspections and testing of the work, and making  Planning, Executing, and Closing Projects —
recommendations as to acceptability of the work
defining the project, building its comprehensive
6. Making recommendations to the client on corrective actions
or contractual measures that may be exercised by the owner. work plan, and managing to the budget
7. Preparing sketches required to resolve problems due to  Managing Teams — facilitating commitment and
actual field conditions encountered. productivity, removing obstacles, and motivating
8. Determining amounts of progress payments due, based or team members
degree of completion of the work, and recommending  Managing Expectations — aligning projects to
issuance of such payments by the client. business goals, managing stakeholders, and
9. Observing and assisting performance tests and initial communicating project status, milestones, and
operations of the project. unexpected difficulties effectively
10. preparing record drawings from information submitted by
the contractor. Other roles:
11. Making a final inspection and reporting on completion of Quality control engineer
the project, including recommendations concerning final  Test the quality of the materials used
payments to contractors and release of retained percentages.  Reviewing and implementing production
2.6. Operation Phase checkpoints and standards
At the completion of construction, the civil engineer Cost engineer
may as a basic service, assist in the start-up of project  Devoted to the management of project cost
operations.  Budget, plan and monitor investment projects
The civil engineer may be commissioned to prepare a  They seek the optimum balance between cost,
manual for both operation and maintenance requirements, quality and time requirements.
and may also provide assistance in adjusting and balancing
equipment, identifying deficiencies and assisting in
Construction Contracting
obtaining corrections, and performing inspections prior to
Support technical employee in the project
the end of the project warranty period.
The civil engineer may assist in operator training,
Philippine Contractor Accreditation Board
setting up job classifications and salaries, organizing the
Need to first have a license on PCAB to be able to conduct
purchase of supplies developing charts for recording
Construction Contracting. This is under the RA 4566,
operational data, and observing and reporting on project
Contractor’s License Law.
operations.

RA 4566, Contractor’s License Law


3. CONSTRUCTION SERVICES  R.A. 4566 as amended by P.D. No. 1746 provides that no
A Civil Engineer can be employed as a: contractor (including sub-contractor and specialty
 Construction Engineer contractor) shall engage in the business of contracting
 Resident Civil Engineer without first having secured a PCAB license to conduct
 Project Manager business.
 Quality Control Engineer  It is an offense to engage in contracting business without
 Cost Engineer a license first being obtained.
Construction engineering involves planning and  The purpose of the Contractors License Law (R.A. 4566)
execution, transportation of materials, site development is to ensure, for the safety of the public, that only qualified
based on hydraulic, environmental, structural and and reliable contractors are allowed to undertake
geotechnical engineering. construction in the country. The law also aims to promote
As construction firms tend to have higher business risk for the benefit of the public and private sectors and for the
than other types of civil engineering firms do, construction national interest, the orderly growth of the contracting
engineers often engage in more business-like transactions, sector and the upgrading of construction capability.
for example, drafting and reviewing contracts, evaluating  The law was enacted in 1965 to ensure for the safety of
logistical operations, and monitoring prices of supplies. the public that only qualified and reliable contractors are
allowed to undertake construction in the country, meaning
Residential Civil Engineer
those obtaining the Philippine Contractors Accreditation
 Create and hand out schedules for construction
Board (PCAB) License.
staff working in the field
 Calculate the quantity of material, supplies and
equipment needed for each individual project
or what did happen in a situation. They are used in many
ways including astronomy, economics and sciences such as
physics and biology.
 Safety engineering : Are special types of engineers
who are designed to ensure each person are safe in order
for the company to have low or 0 hazard.
 Topographic, sounding and boundary survey
engineering : Surveying or land surveying is the technique,
profession, and science of determining the terrestrial or
three-dimensional position of points and the distances and
angles between them.
 Toxic and hazardous waste evaluation
4. SPECIAL SERVICES FOR CONSTRUCTION PROJECTS  Permit and application services
 Value engineering : Systematic method to improve  Sales and marketing services : Sales and marketing
the “value” of goods or products and services by using an services is a specialty in which they are the ones in charge
examination of function. of selling a product and at the same time having a good
income for the company. They are the ones who manage
 Appraisal and valuation : A person undertaken a
the income of the company.
prescribed education and training in this field to ensure that
they take into account all features and issues relating to a  Expert witness : A person who is permitted to testify
particular property. at a trial because of special knowledge or proficiency in a
particular field that is relevant to the case.
 Load testing : Is the process of putting demand on a
software system or computing device and measuring its  Representation of municipal or private entities in
response. project proposed for privatization : Is the transfer of
 Environmental evaluations : Process of estimating ownership of property or businesses from a government to
a privately owned entity. The transition from a publicly
and evaluating significant short-term and long-term effects
traded and owned company to a company which is privately
of a program or project on the quality of its location’s
owned and no longer trades publicly on a stock exchange.
environment. It also includes identifying ways to minimize,
mitigate, or eliminate these effects and/or compensate for
their impact. 5. ENGINEERING SUPPORT SERVICES
 Traffic engineering : Traffic Engineers are engineers - are services that further helps the construction.
who are focused on studying the traffic flow. They observe Example: Geotechnical Engineering
how the traffic goes and study on it in order to reduce General Civil Engineering Support Services may involve:
traffic. ▪ Drafting
 Forensic engineering for structural and other ▪ Land and construction surveying
failures : Engineering investigation and determination of ▪ Civil estimating
▪ Inspection services
the causes of structural failures of buildings, bridges and
other constructed facilities, as well as rendering opinions ✓ Civil Engineering judgment and guidance for adequate
and giving testimony in judicial proceedings, often referred and correct data
to as Forensic Structural Engineering. ✓ The validity or security of any engineering decision will
 Operational assistance : Operations management always depend on the accuracy and suitability of data
refers to the administration of business practices to create obtained.
the highest level of efficiency possible within an
organization. It is concerned with converting materials and 6. ACADEMIC SERVICES
labor. - Involve full or part time teaching or training of future
 Materials process design : Is the design of processes professionals
for desired physical and/or chemical transformation of - Upgrading of knowledge and skills of fellow professionals.
materials. Process design is central to chemical engineering, Academic services may include:
and it can be considered to be the summit of that field, 1. Teaching of civil engineering courses in engineering
bringing together all of the field’s components. universities/ colleges on part/full time basis.
 Pilot studies : Pilot project or pilot experiment is a 2. Lecturing in civil engineering courses designed by the
small scale preliminary study conducted in order to Philippine Institute of Civil Engineers for practicing
evaluate feasibility, time, cost, adverse events, and effect engineers who want to obtain CPD (Continuing Professional
size (statistical variability) in an attempt to predict an Development) credits.
appropriate sample size and improve upon the study design 3. Conducting tutorials/refresher courses on civil
prior to performance engineering concepts and related subjects.
4. Serving as a Resource Speaker in Technical Session.
 Computer modeling : A computer-based model is a 5. Writing technical articles and pamphlets.
computer program that is designed to simulate what might

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