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. 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. 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. 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. 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. 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. 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 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. 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. 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 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 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. 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 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 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 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. 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. 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 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. 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 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 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 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 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. 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. 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 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. 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 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. 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