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1.
Manual-of-Professional-Practice-for-Civil-Engineers-Code-ofEthcis-Section-1-to-3
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CODE OF ETHICS
Fundamental Principles
Civil engineers uphold and advance the integrity, honor and dignity of the civil engineering
profession by:
1. Using their knowledge and skill for the enhancement of human welfare and the
environment;
2. Being
honest
and
impartial
and
serving
and
fidelity
the
public,
their
employers/employees and clients;
3. Striving to increase the competence and prestige of the civil engineering profession; and
4. Supporting the professional and technical societies of their disciplines
Fundamental Canons
1. Civil Engineers shall hold paramount the safety, health and welfare of the public and
shall strive to comply with the principles of sustainable development in the performance
of their duties.
2. Civil Engineers shall perform services only in the areas of their competence.
3. Civil Engineers shall issue public statement only in an objective and truthful manner.
4. Civil Engineers shall act in professional matters for each employer or client as faithful
agents or trustees, and shall avoid conflicts of interest.
5. Civil Engineers shall build their professional reputation on the merit of their services and
shall not compete unfairly with others.
6. Civil Engineers shall act in such manner as to uphold and enhance the honor, integrity,
and dignity of the civil engineering profession.
7. Civil Engineers shall continue their professional development throughout their careers,
and shall provide opportunities for the professional development of those civil engineers
under their supervision.
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GUIDELINES TO PRACTICE UNDER THE FUNDAMENTAL CANONS OF
ETHICS
CANON 1. Civil Engineering shall hold paramount the safety, health and welfare of the
public and shall strive to comply with the principles of sustainable development in the
performance of their professional duties.
a. Civil Engineers shall recognize that the lives, safety, health and welfare of the general
public are dependent upon engineering judgements, decisions and practices
incorporated into structures, machine, products, processes and devices.
b. Civil Engineers shall approve or seal only those design documents, reviewed or
prepared by them, which are determined to be safe for public health and welfare in
conformity with accepted engineering standards.
c. Civil Engineers whose professional judgement is overruled under circumstances
where the safety, health and welfare of the public are endangered, or the principles of
sustainable development ignored, shall inform their clients or employers of the
possible consequences.
d. Civil Engineers who have knowledge or reason to believe that another person or firm
may be in violation of any of the provisions of Canon 1 shall present such
information to the proper authority in writing and shall cooperate with the proper
authority in furnishing such further information or assistance as may be required.
e. Civil Engineers should seek opportunities to be of constructive service in civic affairs
and work for the advancement of the safety, health and well-being of their
communities, and their protection of the environment through the practice of
sustainable development.
f. Civil Engineers should be committed to improving the environment by adherence to
the principles of sustainable development so as to enhance the quality of life of the
general public.
CANON 2. Civil Engineers shall perform services only in areas of their competence.
a. Civil Engineers shall undertake to perform engineering assignment only when
qualified by education or experience in the technical field of engineering involved.
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b. Civil Engineers may accept an assignment requiring education or experience outside
of their own fields of competence, provided their services are restricted to those
phases of the project in which they are qualified. All other phases of such project shall
be performed by qualified associates, consultants, or employees.
c. Civil Engineers shall not affix their signatures or seals to any civil engineering plan or
document dealing with subject matter in which they lack competence by virtue of
education or experience or to any such plan or document not reviewed or prepared
under their supervision and control.
d. Civil Engineers shall not use The Specialty Engineering Title such as Structure
Engineer, Transportation Engineer, Water Engineer, Geotechnical Engineer,
Construction Engineer, etc. without the PICE Specialist Accreditation.
CANON 3. Civil Engineers shall issue public statements only in an objective and truthful
manner.
a. Civil Engineers should endeavor to extend the public knowledge of civil engineering
and sustainable development, and shall not participate in the dissemination of untrue,
unfair or exaggerated statements regarding civil engineering.
b. Civil Engineers shall be objective and truthful in professional reports, statements or
testimony. They shall include or relevant and pertinent information in such reports,
statements, or testimony.
c. Civil Engineers, when serving as expert witnesses, shall express civil engineering
opinion only witnesses, shall express civil engineering opinion only when it is
founded upon adequate knowledge of the facts, upon a background of technical
competence, and upon honest conviction.
d. Civil Engineers shall issue no statements, criticisms, or arguments on civil
engineering matters which are inspired or paid for by interested parties, unless they
indicate on whose behalf the statements are made.
e. Civil Engineers shall be dignified and modest in explaining their work and merit, and
will avoid any act tending to promote their own interests at the expense of the
integrity, honor and dignity of the civil engineering profession and/or related
professions.
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CANON 4. Civil Engineers shall act in professional matters for each employers or clients as
faithful agents or trustees, and shall avoid conflicts of interest.
a. Civil Engineers shall avoid all known or potential conflicts of interest with their
employers or clients and shall promptly inform their employers or clients of any
business associations, interest, or circumstances which could influence their
judgement or the quality of their services.
b. Civil Engineers shall not accept compensation from more than one party for services
on the same project, or for services pertaining to the same project, unless the
circumstances are fully disclosed to and agreed to, by all interested projects.
c. Civil Engineers shall not solicit or accept gratuities, directly or indirectly, from
contractors, their agents, or other parties dealing with their clients or employers in
connection with work for which they are responsible.
d. Civil Engineers in public services as members, advisors or employees of a
governmental body or department shall not participate in consideration or actions
with respect to services solicited or provided by them or their organization in private
or public engineering practice.
e. Civil Engineers shall advise their employers or clients when, as a result of their
studies, they believe a project will not be successful.
f. Civil Engineers shall not use confidential information coming to them in the course of
their assignments as a means of making a personal profit if such action is adverse to
the interest of their clients, employers or the public.
g. Civil Engineers shall not accept professional employment outside of their regular
work of interest without the knowledge of their employers.
CANON 5. Civil Engineers shall build their professional reputation on the merit of their services
and shall not compete unfairly with others.
a. Civil Engineers shall not give, solicit or receive either directly or indirectly, any
political contribution, gratuity or unlawful consideration in order to secure work,
exclusive of securing salaried positions through employment agencies.
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b. Civil Engineers should negotiate contracts for professional services fairly and on the
basis of demonstrated competence and qualifications for the type of professional
service required.
c. Civil Engineers may request; propose or accept professional commissions on a
contingent basis only under circumstances in which their professional judgements
would not be compromised.
d. Civil Engineers shall not falsify or permit misrepresentation of their academic or
professional qualifications or experience.
e. Civil Engineers shall give proper credit for engineering work to those to whom credit
is due, and shall recognize to proprietary interests of others. Whenever possible, they
shall name the person or persons who may be responsible for design, inventions,
writings or other accomplishments.
f. Civil Engineers may advertise professional services in a way that does not contain
misleading language or is in any other manner derogatory to the dignity of the
profession. Examples of permissible advertising are as follows:
1. Professional cars in recognized, dignified publications, and listings in rosters or
directories published by responsible organizations, provided that the card or
listings are consistent in size and content and are in a section of the publication
regularly devoted to such professional cards.
2. Brochures which factually describe experience, facilities, personnel and capacity
to render service, providing they are not misleading with respect to the engineers
participation in projects described.
3. Display advertising in recognized dignified business and professional
publications, providing it is factual and it is not misleading with respect to the
engineer’s extent or participation in projects described.
4. A statement of the engineers’ names or the name of the firm and statement of the
type of service posted on projects for which they render services.
5. Preparation or authorized of descriptive articles for the lay or technical press,
which are factual and dignified. Such articles shall not imply anything more than
direct participation in the project described.
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6. Permission by engineers for their names to be used in commercial advertisements,
such as may be published by contractors, materials suppliers, etc., only by means
of a modest, dignified notation acknowledging the engineers’ participation in the
project described. Such permission shall not include public endorsement or
proprietary products.
g. Civil Engineers shall not maliciously or falsely, directly or indirectly, injure the
professional reputation, prospects, practice or employment of another engineer or
indiscriminately criticize another’s work.
h. Civil Engineers shall not use equipment, supplies, laboratory or office facilities of
their employers to carry on outside private practice without the consent of their
employers.
CANON 6. Civil Engineers shall act in such a manner as to uphold and enhance the honor,
integrity, and dignity of the civil engineering profession.
a. Civil Engineers shall not knowingly act in a manner which will be derogatory to the
honor, integrity, or dignity of the civil engineering profession or knowingly engage in
business or professional practices of a fraudulent, dishonest or unethical nature.
CANON 7. Civil Engineers shall continue their professional development throughout their
careers, and shall provide opportunities for the professional development of those Civil
Engineers under their supervision.
a. Civil Engineers should keep current in their specialty fields by engaging in
professional practice, participating in continuing education courses, reading in the
technical literature, and attending professional meetings and seminars.
b. Civil Engineers should encourage their engineering employees to become registered
at the earliest possible date.
c. Civil Engineers should encourage engineering employees to attend and present papers
at professional and technical society meetings.
d. Civil Engineers shall uphold the principle of mutually satisfying relationships
between employers and employees with respect to terms of employment including
professional grade descriptions, salary ranges, and fringe benefits.
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SECTION 1- THE PRACTICE OF CIVIL ENGINEERING
1.1 GENERAL
This manual addresses the procurement of civil engineering services for a quality project.
Quality by definition is one satisfactorily meeting both the expectations of the client or employer
and the requirements of the project. It requires professional dedication, effort, adequate time for
investigation, planning and innovation, fair compensation, and appropriate authority and
responsibility. It cannot be achieved only by the effort at the beginning or end of a project. These
efforts must be conscious, continuous, and consistent throughout all the phases of a project.
Quality results from team effort and is measure by the degree of satisfaction of all parties
involved. This manual is dedicated to advancing both the understanding and quality of the
practice of Civil Engineering.
The development of this manual is predicated on the basis that Civil Engineering services are
accomplished in a manner meeting the standard of care of the profession of Civil Engineering.
1.2 PROFESSIONAL RESPONSIBILITY
The standard of practice is for Civil Engineering to be given responsibility for studying,
conceiving, designing, observing, construction, and assisting in the programming for 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
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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 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 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.
Definition and explanation of proper relationships between Civil Engineers and their public and
private clients are important objectives of this manual. These are discussed below (See Annex A
for Sample Contracts of Services.
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 sill, care and diligence in the performance of
his obligations.
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3. The Civil Engineer shall act independent and, as required by the contract, perform with
the necessary skills and professional judgement, 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 SECTION 2 or implied in the contract adopted for the Project.
5. When aware of any matters which may will change or has changed the scope of the
services, the Civil Engineers 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 to 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 coordinate the
design of such parts 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 interest 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 matters properly referred to
the Client in writing.
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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 possible 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 ENGINEEER 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.
1.3.4
a. Limitation or Civil Engineer’s Responsibility
1. The Civil Engineer shall have no responsibility or liability for costs, loss or damage of
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
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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 employee
or agent of the Client, Other Consultants, Contractor 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 of
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, methods, programs,
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 f
duty or twenty percent of the total of fees payable under their agreement;
3. If found to be liable, in circumstance 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.
1.3.5
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
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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 has been suspended, the
time for their completion shall be extended by the extent of the delay pus a reasonable period
for the resumption, or if the speed of performing certain Services has to be reduced, the time
for the 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 for a period exceeding 6 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.
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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 use only for the specific project
covered by the agreement between the Client and Engineer.
1.4 CIVIL ENGINEERING SERVICES
Civil Engineer 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:

Design, consultations and advice.

Feasibility studies

Field investigations and engineering data collection

Environmental assessments, impact statements or Engineering reports

Opinions of probable construction cost

Preliminary and final designs, drawings, specifications and construction bidding
documents

Assistance in securing construction bids and in awarding contracts

Construction administration and observation

Arrangements for or performance of testing of materials and equipment

Assistance in start-up, assessment of capacity, and operations of facilities

Preparation of operation and maintenance manuals

Appraisals and rate studies

Value engineering

Expert testimony

Assessment of risks

Structural remediation or rehabilitation

Project Management and controls

Provision of supplemental temporary staff

Teaching
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Civil Engineers may also serve as construction managers or program managers and may employ
other subconsultants 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.
Professional Civil Engineer firms draw upon the combined talents of various disciplines such as
economists, planners, engineers and designers, estimators, architects, scientists, technical
analysts, specification writers, drafters, field representatives, surveyors, and others. The expertise
of practitioners and specialist in other fields, particularly as the use of computers and computeraided design and drafting increases, is also utilized. Likewise, Civil Engineer are employed by
these practitioners to assist them in the performance of their respective services.
The Civil Engineer provides services which may result in the client’s committing financial
resources for construction of a proposed project. The suitability of the constructed project for the
intended function must often be accepted at face value by the client, who may be unfamiliar with
the technical and civil engineering aspects of the project. Thus, civil engineering services must
be performed in a competent and efficient manner, on a highly professional and ethical plane,
and in an atmosphere of mutual respect and trust.
Project implementation has become increasingly complex, involving financial, environmental,
regulatory, technical and managerial matters. As a result, clients have opted to pursue a number
of implementation approaches. One such approach in commonly called program management.
The client retains a program manager to perform specialized tasks necessary to the development
or construction of specific project. Alternatively, the client may retain a program manager to
develop, define and oversee the program, prepare budgetary estimates of program costs, prepare
program schedules, evaluate and select members of the program team, and provide periodic
program status reports. In other cases, the program manager’s staff would in essence act as an
extension of and interact with, the client’s staff through the life of the program. In most cases, the
client continues to be the contracting agent with all members of the program team and the
contractors hired to construct the project. The Program Manager is generally a Civil Engineer.
1.5 SPECIALIZATION IN CIVIL ENGINEERING
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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 recognize 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 are 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 an engineering 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 lifecycle 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 life-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.
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 cost of services,
with limited consideration of the competence or expertise if the consultant, can result in
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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 the 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 Philippines Institute of Civil Engineers support 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 owners or the owner’s engineering staff.
1.7 PRME 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 construction 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.
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1.9 DESIGN COMPETITION
Design competition is a process through which a Civil Engineer is selected above other
competitors based on proposal or an innovative approach to solving a client’s needs. Competing
firms are normally shortlisted from a number or engineers responding to a client’, solicitation
either directly, by a letter request or indirectly through a newspaper or other form or publication.
The civil engineer should be aware 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 it 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 8991) 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
certificate of registration/license or special permit from the Professional Regulation Commission.
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Agencies, organizations or individuals, whether public or private, who secure the services of a
foreign Civil Engineer, are made responsible by law (R.A. 8981) for securing a special permit
form the PRC and the Department of Labor and Employment pursuant to their respective rules.
SECTION 2- CLASSIFICATION OF ENGINEERING SERVICES
2.1 GENERAL
The needs for professional civil engineering services vary, and the civil engineering firms
that meet these needs a 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:
1. Consultations, research, investigations, and reports.
2. Design services for construction projects
3. Construction services
4. Special services for construction projects
5. Engineering support services
6. Academic services
7. Services as Employee
The type of infrastructure under the domain of civil engineering, pursuant to RA 544, as
amended, include:
1. Stress, bridges, highways and railroads.
2. Airports and hangars
3. Portworks, canals, river and shore improvements, light houses and dry docks
4. Buildings
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5. Fixed structure for irrigation, flood protection, drainage, water supply and sewerage
works
6. Tunnels
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:
2.2.1
Preliminary and Feasibility Investigations and Reports
These services usually precede the authorization of a capital project and may involve
extensive investigations, analyses of conditions, and comparison of several possible plans.
These studies may include the impact of a project upon the environment, sustainable
development, operating costs, life-cycle costs, financing considerations, and expected
revenues as bases for conclusions and recommendations regarding the advisability of
undertaking a project.
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 plan; 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 Studies
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.
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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 constructions costs, and an estimate of annual revenue requirements,
with 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 maters where specialized civil engineering knowledge, experience, and judgment
is 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 costs and at the same time improve quality.
2.2.8
Special Services
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These services can vary to suit special need of the client and can include such diverse
activities as:

Value engineering

Appraisal and valuation

Load testing

Environmental evaluations

Traffic engineering

Forensic engineering for structural and other failures

Operational assistance

Materials process design

Pilots studies

Computer modeling

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 projects proposed for privatization
2.3 DESIGN SERVICES FOR CONSTRUCTION PROJECTS
Civil Engineering services are required for each of six typical phases of a construction
project. 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 sic standard phases of a construction project and the engineering services needed for
each are:

Study and Report Phase-Analysis of the clients needs, conceptual design conceptual
opinions of probable construction cost.
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
Preliminary Design Phase- Preparation of final design criteria, preliminary drawings,
outline specifications, and preliminary opinions of probable constructions cost.

Final Design Phase-Preparation of design calculations, construction drawings,
specifications, estimated construction cost, and other contract documents.

Building or Negotiating Phase- Assistance to the client with the bidding or negotiating
process for construction of the project.

Construction Phase-Advice and Consultation on matters related to his service.

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 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
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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 and required and assisting the client in obtaining such
data and services.
3. Preparing revised estimates of probable total project costs.
4. 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.
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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 other 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 or 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.
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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 exercise 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.
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11. Making a final inspection and reporting on completion of the project, including
recommendations concerning final payments to contractors and release of 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. The 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 Accredited 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
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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 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 cloud include:
1. Geotechnical
Engineering-including
test
borings,
sampling
and
analysis,
and
recommendations.
2. Special studies, test, 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 inspection 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.
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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 for
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
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and correct data usually requires professional Civil Engineering judgement 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 tie teaching or training of prospective professionals and also
the upgrading of knowledge and skills of fellow professionals. Academic services may include:
a. 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 by the CHED.
b. Lecturing in civil engineering courses designed by the Philippine Institute of Civil
Engineers for practicing engineers who want to obtain CPD credits.
c. Conducting tutorials/refreshers courses on civil engineering concepts and related
subjects.
d.
Serving as a Resource Speaker in Technical Session.
e. 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 license to sign and seal the plans,
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specifications and contract document, the Civil Engineer much 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 of 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 described by the Civil Service Commission. In case of any conflict with any of the
provision of this Manual of Practice, such pertinent laws and regulations shall take precedence
and shall govern.
SECTION 3- 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 selection presents what experience has shown to be the best and, therefore, the
recommended procedure for the engagement of a Civil Engineer.
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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 stem is to define the proposed scope of the
project. In some cases, this may be a general statemen of the performance requirements of the
project. At the 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 employees 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 person appointed should be familiar with the project requirements and
should be kept free of internal or eternal pressure during the selection process.
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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 be describe the project in detail, and can prepare
a project scope and outline of services expected if 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 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 the Civil Engineers
who appear to be capable of meeting the project requirements. The client may issue a
“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 projects. It should be noted that
often more than three Civil Engineers or firms may appear to be equally qualified-in which
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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 proposa;s.
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 the 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 of 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
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Section 4 herein; giving consideration to the project’s special 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 a 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 QSB procedures sets for 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 request
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 specialist available to work on the
project. After narrowing the proposals to those which best meet experience qualifications, the
client negotiates an agreement as descried 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. In fact the NEDA Guidelines require
the procurement of professional engineering and architectural services only by a process
similar to that descried in “Qualifications-Based Selection Procedure”, above.
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Selection of the 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 cost 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 judgement, 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 ad 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
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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 envelop and
a price proposal in a second envelop. 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 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 discussion 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 the 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-envelop 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 to be
firms not selected, which increases the overall business costs of consulting Civil
Engineering and ultimately of the clients.
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