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Ce Laws Topic 1 7
Ce Laws Topic 1 7
Ce Laws Topic 1 7
ENGINEERING
LAWS,
CONTRACTS,
SPECIFICATIONS &
ETHICS
• Ethical values
• Are those values that people use to
determine what is right and wrong
in different, random situations.
• Different people have different
ethical values.
• Compassion, love, beauty, joy,
forgiveness etc.
• For example: Some people value
compassion.
• Compassion is the ability to see, feel,
and respond to people’s suffering. I
wish I could help everybody, but that is
definitely impossible. But I can help
the people right next to me.
• A person must know the difference
between right and wrong.
• A single person doing the right
things all the time does not exist.
• A human being has two sides like
a coin which has two sides. His
decision making capability
ETHICAL decides the ethical values
whether it is right or wrong.
VALUES • Sometimes, if you answer ”YES”
can lead to disaster or even can
be good sign.
• In the same way, if you answer
”NO”, it can lead to good sign or
bad sign, it depends on the
situation.
ETHICAL VALUES (Situation)
• Selfies
• Some people , like this green shirt guy in the picture
below, find this moment a never to lose opportunity to
take a selfie.
ETHICAL VALUES (Situation)
ETHICAL VALUES (Situation)
• B went out to buy some groceries in the nearest store. To make his walk short, he
went into an alley. But just as he enters the alley, B witnesses a hold-up situation. In
the middle of the alley stands A with his knife held against Cs neck.
• Upon seeing this, B quickly turned around and head towards where he came from. At
the same time C saw B and mustered all his courage to swat away the knife that A
was holding. A dropped the knife and C was able to run towards Bs way. C rans past B
in mere seconds.
• A then picked the knife and rans towards where C was headed. But when he reached
the corner, A could no longer see C.
The engineer should at all times abide with such standard, not
by passive observance, but as a set of dynamic principles
guiding his conduct and way of life.
• Avoid misinformation
• Avoidance of rendering opinions in public on
unverified engineering matters
• Guard against public health and safety
RELATIONSHIP TO THE GENERAL
PUBLIC
1) Avoid misinformation
ØAn Engineer should assist the public to arrive at a fair and
correct understanding of technical engineering matters.
1) Loyalty
2) Identification with
legitimate enterprise
3) Continuous awareness of
engineering laws
4) Avoid discussing
engineering matters in
public
RELATIONSHIP TO THE PROFESSION AND
ENGINEERING SOCIETY
1) Loyalty
ØLoyalty to the profession is a must and should prevail at all
times in the heart and mind of an engineer.
ØIt calls for unselfish protection of the profession by him both
as an individual and as a member of the profession.
RELATIONSHIP TO THE PROFESSION AND
ENGINEERING SOCIETY
Solicitation of undertakings
6. To review the work of another Engineer for the same client, except
with the knowledge or consent of such Engineer, or unless the
connection of such Engineer with the work has been terminated.
CODE OF ETHICS FOR
CIVIL ENGINEERS
7. To advertise in self-laudatory
language, or in any other manner
derogatory to the dignity of the
Profession.
1. Professional Responsibility.
2. Client-Civil Engineer Relationships.
3. Civil Engineering Services.
4. Specialization of a Civil Engineer.
5. Selection of a Civil Engineer.
6. Prime Professional Practice.
7. Employment.
8. Design Competition.
9. Contingency Basis of Employment.
10. Professional Practice of Foreign Civil Engineers.
WHAT ARE THE ROLES AND RESPONSIBILITIES OF A
CIVIL ENGINEER?
1. To analyze the site location and the surrounding area. This includes a search
and investigation, verifying its feasibility for construction purposes.
2. To design a plan, outlining the key variables and what needs to be changed
prior to the construction.
1. Structural Engineering
2. Geotechnical Engineering
3. Water Engineering
4. Transportation Engineering
5. Construction Management and Engineering
1. Agreement Expectations
There are many expectations with contingency employment.
a) Contracts typically cover duration, job description, pay
rate, noncompetition agreement, confidentiality,
management rights and termination conditions.
b) The contract can also be renewed, extended or converted
into a permanent position.
WORKER TYPES
2. Worker Types
a) Contingent employment is most fully developed in the
high-tech and high-wage sectors of information
technology, such as the software industry.
b) Temporary-work employers also hire workers under this
type of contract. These workers, whether classified as
temporary, contract, independent, seasonal, on-call or
leased-contract, normally complete the work within a
certain time frame.
CONTRACT CONSIDERATIONS
3. Contract Considerations
• A consideration with contingency contracts is that the
workers are not permanent employees.
• However, employers have the option to hire them as
permanent employees.
• Temp-to-hire workers start out under contingency contracts
with the hope that the work turns into a permanent job
WORK SCOPE
3. Work Scope
• The work performed doesn't typically extend beyond the
work outlined in contingency contracts between employers
and workers.
• The tasks, as detailed in the contract, are what the worker
is expected to complete.
• When all tasks are finished, the contingency contract can
be considered complete, which would eliminate the
position.
PROFESSIONAL PRACTICE OF FOREIGN CIVIL
ENGINEERS
2. Formulate conclusions
3. Give recommendations
4.1.1. PRELIMINARY AND FEASIBILITY
INVESTIGATIONS AND REPORTS
Before allocation of funds for a project, extensive investigations and analyses should be
done with comparisons of potential plans. The basis for conclusions and
recommendations for undertaking a project are the following:
1. Environmental impact of the project
• Effect of the project on the environment. Would the project develop pollution in
the area? denudation of earth?
2. Sustainable development
• Economic development which does not deplete natural resources.
3. Operating costs
• Also called Operational costs, they are the expenses related to business
operation, or to the operation of a device, component, piece of equipment or
facility. They are the cost of resources to maintain its existence.
4.1.1. PRELIMINARY AND FEASIBILITY
INVESTIGATIONS AND REPORTS
4. Life-cycle costs
• The total cost - recurring and one-time (non-recurring) - over the full life span or a
specified period of a structure or system. It includes purchase price, installation
cost, operating costs, maintenance and upgrade costs, and remaining (residual or
salvage) value at the end of ownership or its useful life.
5. Financing considerations
• Choosing between financing methods
• Payment terms
• Total cost
• Length of arrangement
• Associated costs
• Requirements of the lender or investor
6. Expected revenues
• This signifies the amount projected to be collected during an accounting period.
4.1.2. PLANNING STUDIES
Revenue – is the Financing Cost – also known as the Overhead Cost- All costs on
income generated cost of finances, is the cost, income statement except
from normal interest, and other charges direct labor, direct materials,
business involved in the borrowing of and direct expenses.
operations. money to build of purchase assets. cv
4.1.4. ASSISTANCE IN FINANCIAL MATTERS
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
4.2. DESIGN SERVICES FOR CONSTRUCTION
PROJECTS
After approval of preliminary design, basic services for final design are as
follows:
The civil engineer may assist in the start-up of the project operations.
1. Preparation of a manual for both operation and maintenance
requirements
2. Provide assistance in adjusting and balancing equipment
3. Identify deficiencies and assisting in obtaining corrections
4. Perform inspection before the end of the warranty period
5. Assist in operator training
6. Set up job classifications and salaries
7. Organizing purchase of supplies
8. Develop charts for recording operational data
9. Observing and reporting on project operations.
4.3. CONSTRUCTION SERVICES
1. Regular license.
Issued to a domestic construction firm ( a sole
proprietorship/partnership/corporation with at least 60% Filipino
equity.
2. Special license.
Issued to a joint venture, a consortium, a foreign contractor,
or a project owner who authorizes the licensee to engage only in
the construction or a single, specific project/undertaking.
4.3.3. AUTHORIZED MANAGING OFFICERS
The STE (Sustaining Technical Employee) forms the backbone of the contractor
and represents the technical qualifications required for a PCAB license as well as
the License Classification. STEs also play a major part in determining the License
Category.
Every contractor shall have at least one Sustaining Technical Employee (STE) who
has undergone the 40 hour Construction Occupational Safety and Health (COSH)
Course for Site Safety Officers as a condition for license renewal or New License
Application.
A Sustaining Technical Employee (STE) must have at least three (3) years
experience of construction implementation and knowledge of Philippine
construction-building codes and ordinances, labor safety codes and other laws
applicable to construction operation
4.3.5. COSH Seminar
The Construction Safety and Health Seminar is a forty (40)-hour
seminar that is intended to equip the contractor/applicant with
the knowledge on standard occupational safety, health,
practices and processes in construction industry.
The following are those who should attend:
1.The proprietor in an application for a new license
2.Any person nominated as Authorized Managing Officer (AMO) in an application for
new license of a partnership or corporation
3.Any person designated to replace the AMO of a PCAB licensed contractor
(application to be filed: CAMO: Change in AMO)
4.Proprietors or AMO of applicants for upgrading of license category
5.At least (1) Sustaining Technical Employee (STE) of the film. If the proprietor or
AMO who are the same time STEs of their companies who have completed the
course on COSH are deemed compliant
4.3.6. AMO Seminar
The AMO Seminar is a two(2)-day seminar that is intended to
equip the contractor/applicant with the basic knowledge on the
following:
1. construction safety,
2. building and lien laws,
3. taxation, labor and other relevant laws, and
4. the basic principles of the construction business.
4.4. SPECIAL SERVICES FOR CONSTRUCTION
PROJECTS
1. Geotechnical Engineering including test borings, sampling
and analysis, and recommendation on soils.
2. Establishment of design criteria or demonstrate compliance
3. Surveying works. Land surveys, establishment of boundaries
and monuments, preparation of easement descriptions,
topographic surveys
4. Shop or laboratory inspections
5. Reproduction of reports, drawings, specifications, and
documents required for bidding and construction
6. Value engineering
7. Extra travel and subsistence
8. Value engineering
9. Redesign to reflect changes by the client
4.4. SPECIAL SERVICES FOR CONSTRUCTION
PROJECTS
10. Assistance to client as an expert witness in litigation
11. Final investigation
12. Preparation of documents for public works
13. Land planning and partitioning activities
14. Environmental assessments and impact statements
15. Detailed studies to meet special conditions encountered
during construction
16. Assistance to the client in the selection and engagement of
contractors and subcontractors.
17. Assessment of the project's ability
18. Computer simulation and modeling
4.5. ENGINEERING SUPPORT SERVICES
General engineering support services are as follows:
1. Drafting.
Also called technical drawing, this is the creation of accurate
representations of objects, buildings or houses for engineering
purposes.
2. Land and construction surveying.
Surveying works to establish the major features of the land surface,
which can be affected with upcoming construction.
3. Procurement of adequate and correct data.
These are information which need sound engineering judgment and
guidance.
4.6. ACADEMIC SERVICES
Academic services of civil engineers include full or part-time
teaching or training. These services include:
1. Teaching of civil engineering courses in
colleges/universities. RA 8981 states that all subjects for
licensure examinations shall be taught by registered
professionals and who comply with CHED requirements.
2. Lecturing in PICE seminars for CPD credits.
3. Conducting tutorials/refresher courses on civil engineering
subjects
4. A Resource Speaker in Technical Session
5. Writing technical articles
4.7. SERVICES AS EMPLOYEE
These services engage the civil engineer to duties for regular
salary from the employer.
1. A civil engineer can be employed in any institutional or
commercial functions.
2. For part-time employment, as an employee and a consultant,
the civil engineer should be compliant to the two different
standards - as an employee and as a consultant.
3. If the civil engineer is employed in a consulting firm, he should
comply with the standards of the firm or the consulting civil
engineer.
4. Civil engineers working in the government are governed by
laws prescribed by the Civil Service Commission.
5.0. THE SELECTION
OF THE CIVIL
ENGINEER
THE SELECTION OF THE CIVIL ENGINEER
3. Per Diem
5. Fixed Price
5. Accounting records
II. Hourly Billing
Rate
The Hourly billing rate method of compensation is very similar to the
salary cost times multiplier method in that the hourly billing rate
includes all direct personnel expense, overhead and profit. Direct
non-salary expenses are a separate item for reimbursement, usually
with a service charge.
Under a cost plus fixed fee agreement, the Civil Engineer is reimbursed for
the actual costs of all services and supplies related to the project, including:
§ Salary costs
§ Overhead
§ Direct non-salary expenses
§ Fixed fee, an amount to compensate the Civil Engineer for
contingencies, interest on invested capital, readiness to serve, and
profit.
V. Fixed Price
The fixed price can be calculated as the sum total of estimated engineering
costs for salaries, overhead and nonsalary expenses, an allowance for
contingencies, interest on invested capital, readiness to serve, and a
reasonable amount for profit.
Principles to observe:
3. A Civil Engineer employed in the private sector who signs and seals the
Civil Engineering plans, specifications and other related documents of a
certain project for and in behalf of his employers shall be compensated
with a minimum of 10% of the professional fee for the project, aver and
above the basic monthly salary.
Minimum Compensation for Civil Engineer as a Prime
Professional.
n Over P10 Million to P20 Million P800,000 plus 7.5% of excess of P10
Million
n Over P20 Million to P30 Million P1,550,000 plus 6.5% of excess of
P20 Million
P2, 200, 000 plus 5.5% of excess of
n Over P30 Million
P30 Million
If the Civil Engineer is not the prime professional but renders basic civil engineering
services only, his fee shall be a minimum of 25% of the prime professional fee.
Minimum Compensation for Civil Engineer as
Professional not Prime.
3. Academic Services
• Staffing
• project administration
• financing and;
• other overhead
CONTINGENCY ALLOWANCE
A contingency may be included in an estimate to provide for unknown costs which
are indicated as likely to occur by experience, but are not identifiable. When using
an estimate which has no contingency to set a budget or to set aside funding, a
contingency is often added to improve the probability that the budget or funding
will be adequate to complete the project. Being unable to complete a project risks
public ridicule. The estimate or budget contingency is not intended to compensate
for poor estimate quality, and is not intended to fund design growth, owner
changes, or anything else unrelated to delivering the scope as defined in the
estimate documentation. Generally, more contingency is needed for earlier
estimates due to the higher uncertainty of estimate accuracy.
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