This document outlines the code of ethics for civil engineers. It discusses the fundamental canons that civil engineers must uphold, including prioritizing public safety, only practicing within their areas of competence, being objective and truthful, avoiding conflicts of interest, and enhancing the honor of the profession. It also covers the responsibilities in client-engineer relationships, such as the engineer's duty to perform agreed upon services with skill and the client's duty to pay for those services. The code establishes guidelines for professional conduct regarding important issues like public welfare, professional development, and competing fairly.
This document outlines the code of ethics for civil engineers. It discusses the fundamental canons that civil engineers must uphold, including prioritizing public safety, only practicing within their areas of competence, being objective and truthful, avoiding conflicts of interest, and enhancing the honor of the profession. It also covers the responsibilities in client-engineer relationships, such as the engineer's duty to perform agreed upon services with skill and the client's duty to pay for those services. The code establishes guidelines for professional conduct regarding important issues like public welfare, professional development, and competing fairly.
This document outlines the code of ethics for civil engineers. It discusses the fundamental canons that civil engineers must uphold, including prioritizing public safety, only practicing within their areas of competence, being objective and truthful, avoiding conflicts of interest, and enhancing the honor of the profession. It also covers the responsibilities in client-engineer relationships, such as the engineer's duty to perform agreed upon services with skill and the client's duty to pay for those services. The code establishes guidelines for professional conduct regarding important issues like public welfare, professional development, and competing fairly.
This document outlines the code of ethics for civil engineers. It discusses the fundamental canons that civil engineers must uphold, including prioritizing public safety, only practicing within their areas of competence, being objective and truthful, avoiding conflicts of interest, and enhancing the honor of the profession. It also covers the responsibilities in client-engineer relationships, such as the engineer's duty to perform agreed upon services with skill and the client's duty to pay for those services. The code establishes guidelines for professional conduct regarding important issues like public welfare, professional development, and competing fairly.
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 with 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 1.1 FUNDAMENTAL CANONS CANON 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. a. People’s lives and safety are dependent upon our judgment as engineers. b. Do not readily sign or approve plans and specifications that are not thoroughly reviewed by you or by engineers under you. c. Shall your judgment be overruled, thus posing a threat to people’s welfare, it is your responsibility to inform your client of the said consequence d. If you believe that another civil engineer or group of engineers are in violation of CANON 1, you have the responsibility to inform proper authority. e. Your goals as civil engineer should always be for the advancement of the safety, health, and well-being of the people, and the protection of the environment through the practice of sustainable development. CANON 2. Civil Engineers shall perform services only in areas of their competence. a. Perform engineering assignments only when qualified by education or experience in the technical field of engineering involved. b. Performing engineering assignments outside of our qualification may only be done when the project is divided into different phases and a certain phase includes our competence. c. Do not sign and seal documents that are outside your competence. d. Civil Engineers shall not use The Specialty Engineering Title such as Structural 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. 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. Be objective and truthful in professional reports, statements, or testimony. c. When serving as expert witnesses, express civil engineering opinion only when it is founded upon adequate knowledge of the facts. d. Do not issue statements, criticisms, or arguments on civil engineering matters which are inspired or paid for by interested parties, unless these parties are indicated. e. 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. CANON 4. Civil Engineers shall act in professional matters for each employer or client as faithful agents or trustees, and shall avoid conflicts of interest. a. Avoid all known or potential conflicts of interest. b. Do 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. Do not accept gratuities from parties working on or related to the project. 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. Advise your employers or clients when you, as a result of studies, believe a project will not be successful. f. Do not use confidential information coming to them in the course of your assignments as a means of making personal profit at the expense of clients, employers, or the public. g. Professional employment outside of regular work should be disclosed to the employer. CANON 5. Civil Engineers shall build their professional reputation on the merit of their services and shall not compete unfairly with others. a. Do not give, solicit, or receive any political contribution, gratuity or unlawful consideration in order to secure work, exclusive of securing salaried positions through employment agencies. b. 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 judgments would not be compromised. d. Do not falsify or permit misrepresentation of your academic or professional qualifications or experience. e. Give proper credit for engineering work to those whom credit is due. Whenever possible, they shall name the person or persons who may be responsible for designs, 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. g. Do not maliciously or falsely injure the professional reputation, prospects, practice, or employment of another engineer. h. Do not use equipment, supplies, laboratory, or office facilities of your 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. Do not 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. Engage in professional practice, participate in continuing education courses, read various technical literatures, and attend professional meetings and seminars. b. Encourage their engineering employees to become registered at the earliest possible date. c. Encourage engineering employees to attend and present papers at professional and technical society meetings. d. 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. CHAPTER 2. THE PRACTICE OF CIVIL ENGINEERING 2.1 CLIENT-CIVIL ENGINEER RELATIONSHIPS Obligations of the Civil Engineer 1. Perform the agreed upon scope of the services. 2. Exercise reasonable skill, care, and diligence in the performance of obligations. 3. Act independently and, as required by the contract, perform with the necessary skills and professional judgment, when required to certify, decide, or exercise discretion between the client and a third party with whom the client has a contract. 4. Authorized to act as the client’s faithful agent when required but only as implied in the contract adopted for the project. 5. When aware of any matters which will change or has changed the scope of the services, the civil engineer 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. Direct and cooperate with all other professionals and integrate their work where applicable, but shall not be professionally liable for their (other professionals’) work 8. May recommend specialist suppliers and/or contractors to design and execute certain parts of the works, but the civil engineer shall be relieved of all responsibility for the design, manufacture, installation, and performance of any such parts of the works. The civil engineer shall not be liable for acts of negligence, default, or omission by such person or persons. 9. Notify the client of any interest the civil engineer has which may significantly conflict with the interests of the client under their contract. Obligations of the Client 1. Pay the civil engineer for his services, with the amount determined in their agreement. 2. Provide the civil engineer within reasonable time all information required by the civil engineer in the performance of his services. 3. Cooperate with the civil engineer and shall not interfere with or obstruct the proper performance of the services. 4. Make arrangements that enable the civil engineer to enter the site and inspect facilities needed in the performance of his services. 5. 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 on behalf of the client, 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 the particulars of the change. Liability of the Civil Engineer and the Client Limitation of 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. 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 or 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, method, programmes, sequences, or procedures adopted by any contractor or other third party responsible for executing any aspects of the project. 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 of duty or 25% of the total of fees payable under their agreement 3. If found to be liable, in circumstances 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 2.2 CIVIL ENGINEERING SERVICES 1. Design, consultations and advice 2. Feasibility studies 3. Field investigations and engineering data collection 4. Environmental assessments, impact statements or engineering reports 5. Opinions of probable construction cost 6. Preliminary and final designs, drawings, specifications, and construction bidding documents 7. Assistance in securing construction bids and in awarding contracts 8. Construction administration and observation 9. Arrangements for or performance of testing of materials and equipment 10. Assistance in start-up, assessment of capacity, and operation of facilities 11. Preparation of operation and maintenance manuals 12. Appraisals and rate studies 13. Value engineering 14. Expert testimony 15. Assessment of risks 16. Structural remediation or rehabilitation 17. Project management and controls 18. Provision of supplemental temporary staff 19. Teaching 2.3 SPECIALIZATION IN CIVIL ENGINEERING Five specializations recognized by PICE 1. Structural engineering 2. Geotechnical engineering 3. Water engineering 4. Transportation engineering 5. Construction management and engineering CHAPTER 3. CLASSIFICATION OF ENGINEERING SERVICES The needs for professional civil engineering services vary, and the civil engineering firms that meet these needs 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. Few engineering firms are qualified to provide complete service for all projects, and the use of associate professionals to provide specialized services is common. Civil engineering services are broadly categorized below. 3.1 CONSULTATIONS, RESEARCH, INVESTIGATIONS, AND REPORTS To better understand numbers 1 – 4, consider a civil engineer consulted by a businessman in constructing a row of studio apartments for rent. The civil engineer’s job may include 1. Preliminary and Feasibility Investigations and Reports Before starting a project, feasibility studies are done. These include costs, expected revenues, environmental impact, impact to the community, etc. 2. Planning Studies These include preparation of land development plans, urban plans, and regional plans that require various engineering disciplines. 3. Appraisals, Valuations, and Rate Studies Focus on evaluating costs to determine possible rate that will give a reasonable revenue. 4. Assistance in Financial Matters Evaluation of the businessman’s capabilities in actually finishing the project given his facilities, equipment, etc. Providing construction costs, evaluation of facilities and equipment to meet present and future needs. 5. Materials Engineering and Equipment Tests 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 6. Direct Personal Services Services such as assistance in preparation for legal proceedings 7. Research and Development 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 cost and at the same time improve quality 3.2 DESIGN SERVICES FOR CONSTRUCTION PROJECTS 1. Study and Report Phase – analysis of the client’s needs, conceptual design, and opinions of probable construction cost. a. Reviewing available data and consulting with the client to clarify and define the client’s requirements for the project b. 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 c. Identifying and analyzing requirements of governmental authorities having jurisdiction to approve the design of the project d. Providing analyses of the client’s needs, evaluations of prospective sites and solutions e. Providing a general economic analysis of the client’s requirements f. Preparing a report and presenting alternative solutions available to the client 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 a. Consulting with the client, reviewing preliminary reports, clarifying and defining the project requirements, reviewing available data, and discussing general scheduling b. Advising the client as to whether additional data or services of the type described under the study and report phase above are required c. Preparing preliminary design documents d. Preparing revised estimates of probable total project costs e. Providing periodic status reports 3. Final Design Phase – this phase of project development is usually undertaken only after the client has approved the preliminary design phase material a. Preparing construction drawings and specifications b. Preparing and furnishing to the client a revised estimate of probable total project costs c. Assisting in the application for regulatory permits from local or national authorities d. Preparing basic documents related to construction contracts for review and approval by the client e. Providing periodic status reports 4. Bidding or Negotiating Phase a. 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 b. Issuing addenda as appropriate to interpret, clarify, expand, or amend the bidding documents c. Assisting the client in determining the qualifications and acceptability of prospective contractors, subcontractors, and materials suppliers d. Consulting with and advising the client as to the acceptability of alternative materials and equipment e. Attending the bid opening, preparing bid tabulation sheets, and providing assistance to the client in evaluating bids or proposals 5. Construction Phase – involve the consulting with and advising the client during construction a. Reviewing for compliance with design concepts, shop, and erection drawing submitted by the constructors b. Reviewing laboratory test reports on materials and equipment c. Visiting the project site at appropriate intervals as construction proceeds to observe and report on the progress and the quality of the executed work d. 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 e. Making recommendations to the client on corrective actions or contractual measures that may be exercised by the owner f. Preparing sketches required to resolve problems due to actual field conditions encountered g. Determining amounts of progress payments due, based on degree of completion of the work h. Observing and assisting performance tests and initial operation of the project i. Preparing record drawings from information submitted by the contractor j. Making final inspection and reporting on completion of the project, including recommendations concerning final payments to contractors and release of retained percentages 6. Operation Phase – at the completion of construction, the civil engineer may as a basic service, assist in the start-up of project operations. a. 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. b. 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 3.3 CONSTRUCTION SERVICES A registered civil engineer may engage in construction contracting after being licensed as a contractor by the Contractors Accreditation 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 be paid the professional fees in addition to his regular salary for any design work he performs for which he signs as a professional civil engineer. 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 (to be discussed in the next chapters), 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 similarly required to comply with the code of ethics of the profession as the consulting civil engineer. Special Services for Construction Projects Special services required 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. The research, compilation of engineering data, and acquisition of property may involve professional specialists in engineering and other fields. 1. Geotechnical engineering – including test borings, sampling and analysis, and recommendations 2. Special studies, tests, 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 inspections 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 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 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. 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 Engineering Support Services The professional services described above often require engineering support services. Geotechnical engineering, for example frequently required 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 and correct data usually requires professional civil engineering judgment 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. 3.4 ACADEMIC SERVICES These services involve full or part time teaching or training of prospective professionals and also the upgrading of knowledge and skills of fellow professionals 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 of CHED. b. Lecturing in civil engineering courses designed by PICE for practicing engineers who want to obtain CPD credits c. Conducting tutorials/refresher courses on civil engineering concepts and related subjects d. Serving as a resource speaker in technical session e. Writing technical articles and pamphlets 3.5 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. A licensed civil engineer may not allow his license to be used by the company that employs him without the proper agreement for his professional services. Where the firm he is working for uses his license to sign and seal the plans, specifications and contract document, the civil engineer must 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. Any civil engineer employed as an individual consultant of any firm, whether the firm is performing engineering, commercial, administrative, management, or financial services is required to comply with the requirements and the standards established for a consulting civil engineering firm or consulting civil engineer. CHAPTER 4. SELECTION OF THE CIVIL ENGINEER The selection of a civil engineer is an important decision to be made for an engineering project to come to fruition. 4.1 BASIS FOR SELECTION Basic questions that a client needs to be answered when selecting the most appropriate civil engineer are: 1. How is this civil engineer’s reputation? How has the engineer dealt with its previous clients? 2. Is the civil engineer duly registered? 3. What is the civil engineer’s field of expertise? 4. How about its staff? Are they able to provide my needs given the size of their group? 5. Can the civil engineer finish the project with its financial capability and resources? The questions above are mostly applicable to projects of the private sector. For government projects, E.O. 164 and PD 1594 (to be discussed in the future) apply to procurement of consulting services and selection of contractor. 4.2 QUALIFICATION-BASED SELECTION (QBS) PROCEDURE Below are the steps that the client should undertake when selecting the civil engineer. 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 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 – if you are looking for an engineer well versed in a certain area of expertise; RFPs – if you are looking for a civil engineer with a good project proposal. 2. Prepare a budget for the staff time and costs that can be expected from potential civil engineer prior to receipt of the RFQs and 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 project. 4. Write a letter to each civil engineer 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. 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. 6. Check with 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 the civil engineer or firms in 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 client’s experience and budget estimate, taking into account the range of charges reported; giving consideration to the project’s special characteristics and the scope of services agreed upon. Fair 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 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. 4.3 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 QBS procedure sets forth 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 requests 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 specialists available to work on the project. After narrowing the proposals to those which best meet the experience qualifications, the client negotiates an agreement as described in paragraphs 9-11 above. 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 described in QBS above. Selection of 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 costs 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 judgment, 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 and preliminary phases without lengthy discussions and negotiations with the selected firm. Lacking specifics, the bidding firms must 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 can also lead to a greater number of change orders during construction and to contractor claims at a later date. Two-Envelope System The two-envelope system involves submission of a technical proposal in one envelope and a price proposal in a second envelope. 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 a 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 outlined it QBS provided that the client and best qualified consulting civil engineer have extensive discussions 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 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 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-envelope 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. The costs to prepare a proper price proposal are considerable to the firms not selected, which increases the overall business costs of consulting civil engineering and ultimately of the clients. CHAPTER 5. CHARGING FOR CIVIL ENGINEERING SERVICES 5.1 SALARY COST TIMES MULTIPLIER PLUS DIRECT NON-SALARY EXPENSE Compensation on the basis of the salary cost times an agreed multiplier is a frequently used method of determining charges for engineering services. With this method, charges for engineering services are based mainly on direct salaries. It is therefore advisable that the civil engineer reach an agreement with the client on salary ranges for each classification of services applicable, as well as on the time period over which they can be guaranteed. This may help avoid future surprises, misunderstandings, and disputes. A provision in the agreement should state that payments will be made to the civil engineer during progress of the services, based on monthly invoices, and within a reasonable time after billing. Direct non-salary expenses are a separate item for reimbursement usually with a service charge. The following factors are pertinent to the salary cost times multiplier version of this method. 1. Salary cost is defined as “direct salaries plus employee benefits” and includes salaries for partners and principals and for technical, professional, administrative, and clerical staff directly. Chargeable to the project: sick leave, vacation, holiday, and incentive pay; unemployment and other payroll taxes; and contributions for social security, workers’ compensation insurance for retirement, medical, and other group benefits. 2. Multiplier which is applied to salary cost is a factor that compensates the civil engineer for overhead plus a reasonable margin for contingencies, interest, or invested capital readiness to serve and profit. The size of the multiplier will vary with the type of service, the nature and experience of the civil engineering firm, and the geographic area in which its office is located. The average multiplier should be between 2.5 and 3.0 times the average salary cost. For some services, however, a higher multiplier is usually applicable for services requiring recommendations based on extensive experience and special knowledge, or for services involving expert testimony in legal proceedings. The multiplier may also increase with the experience and special capabilities of the civil engineer’s firm. 3. Direct non-salary expenses usually incurred in engineering engagements may include the following: a. Living and traveling expenses of principals and employee’s when away from the home office on business connected with the project b. Identifiable communications expenses, such as long-distance telephone, facsimile, telegraph, shipping charges, and special postage charges c. Expenses for services and equipment directly applicable to the project, such as for special technical equipment, special legal and accounting services, special computer rental and programming services, computer run time and file storage, CADD charges, sub consultants and subcontractors commercial printing and binding, and similar services that are not applicable for inclusion in general overhead d. Identifiable drafting supplies, stenographic supplies, and reproduction work e. Expenses for unusual insurance and specialized health and safety programs and for special clothing for projects with extraordinary risks such as toxic and hazardous waste conditions. 4. The civil engineer’s overhead which comprises a major portion of the compensation generated by the multiplier on salary cost, includes the following indirect costs: a. Provisions for office expenses – electricity, rent, drafting equipment and engineering instruments, transportation expenses, and office supplies. b. Taxes and insurance other than those included as salary cost c. Library and periodical expenses and other costs of keeping abreast of advances in engineering, such as attendance at technical and professional meetings and continuing education courses d. Executive, administrative, accounting, legal, stenographic, and clerical salaries and expenses e. Business development expenses, including salaries of principals and employees so engaged f. Provision for loss of productive time of technical employees between assignments, and for time of principals and employees on public service assignments g. Costs of acquiring and maintaining computers, development of software, and training staff when not billed as a direct cost 5. Accounting records. The civil engineer who performs services under a salary cost times multiplier agreement or other cost-based agreement must provide the accounting necessary to segregate and record the appropriate expenditures. 5.2 HOURLY BILLING RATE The hourly billing rate method of compensation is very similar to the salary cost times multiplier in that the hourly billing rate includes all direct personnel expense, overhead, and profit. Direct non-salary expenses (as defined under the salary cost times multiplier section) are a separate item for reimbursement, usually with a service charge. Civil engineering firms may elect to utilize this method of compensation on projects where the scope of service is not well defined or to simplify accounting and record keeping. 5.3 PER DIEM The term per diem normally refers to an eight-hour day. Direct personal services are frequently charged on a per diem basis. This basis is particularly suited to expert witness or other legal type services and to other short-term engagements involving intermittent personal services. Where per diem services are furnished, the civil engineer should be compensated for all of the time devoted to providing them, including travel and standby time. The per diem charge should be based on the complexity, risk, and importance of the services and on the civil engineer’s professional standing, expertise, and breadth of experience. The civil engineer is also reimbursed for travel and subsistence costs and for other out-of-pocket expenses incurred when away from the home office. For engagements in which the civil engineer is to appear as an expert, a per diem charge is considered to be earned for each day of such appearance, even though the civil engineer is not called to testify or, if called, may finish testifying in only a part of the day. On occasion the urgency of the engagement requires the civil engineer’s time regularly for periods longer than the normal eight-hour day. In such cases an understanding should be reached with the client, and the per diem rate increased accordingly. Per diem rates can vary widely, depending on employee classification, regional location and period of service. Rates for consultation in connection with litigation and appearances before commissions and courts are normally higher than the standard rates. 5.4 COST PLUS FIXED FEE Under a cost plus fixed fee agreement, the civil engineer is reimbursed for the actual costs of all services and supplies related to the project, including • Salary costs • Overhead • Direct non-salary expenses • Fixed fee, an amount to compensate the civil engineer for contingencies, interest on invested capital, readiness to serve, and profit The cost plus fixed fee basis requires that the client and the civil engineer define and agree upon the scope of services the civil engineer is to perform. Such definition of the scope of service is essential to enable the civil engineer to estimate costs and propose an equitable fixed fee amount. The scope of services, cost estimate, and fixed fee should be incorporated into the client-engineer agreement. The cost plus fixed fee method can also be used when the civil engineer is required to start providing service before the detailed scope of services can be determined. In such cases, the following considerations apply: 1. The general scale and intent of the project should be fairly well defined, even if the full scope is indeterminate; for example, the number, size, and character of buildings or other facilities, the type of utilities, and other essential information should be available 2. The types of service to be performed by the civil engineer should be agreed upon and fully set forth. The agreements should also provide for appropriate adjustments in the fixed fee. The fixed fee amount varies with the complexity and scope of the engineering services required. It is frequently calculated as a percentage of the salary costs, overhead, and direct non-salary expenses. 5.5 FIXED PRICE The fixed price method of compensation is frequently used for investigations and studies for basic services on design type projects where the scope and complexity of the assignment are clearly and fully defined. The fixed price amount can be calculated as the sum total of estimated engineering costs for salaries, overhead, and non-salary expenses, an allowance for contingencies, interest on invested capital, readiness to serve, and a reasonable amount for profit. Fixed price compensation for basic services on certain design-type projects can also be computed as an appropriate percentage of estimated construction costs. A fixed price agreement should contain a clearly stated time period during which the services will be performed and a provision for adjustment of compensation if the project is delayed for reasons beyond the civil engineer’s control. For design services, there should be a provision for changes required after approval of the preliminary design, with a clear understanding as to where the final approval authority lies. Partial payments should be made to the civil engineer at stated intervals, usually once a month during the performance of the services. These payments are usually based on the civil engineer’s statement of percent completion to date. 5.6 PERCENTAGE OF CONSTRUCTION COST The percentage of construction cost method is seldom used raw. Because of increasing complexity and large variation in tasks for projects, the percentage of construction cost fee curves no longer have a direct correlation to the required engineering fees for specific projects. Owners should either use experienced “in-house” staff or retain consultants to develop detailed program budgets for construction costs, right of way, legal, administrative, engineering services, and permits. This method may be used to determine the compensation of the engineer for services where the principal responsibility is the detailed design or construction supervision of facilities to be constructed. Construction cost is defined as the estimated total cost of constructing the facility to be covered by the proposed detailed design or construction supervision services, excluding the fees and other costs of such services, the cost of land and right-of-way, and legal and administrative expenses. Over the years, engineering experience has established some appropriate correlations between engineering costs and construction costs for certain types of engineering design, where design procedures and materials of construction are more or less standardized. These correlations have resulted in various curves and schedules which have been widely used. The validity of the percentage of construction cost method rests upon the assumption that detailed design and construction supervision costs vary in proportion to the cost of construction. When judiciously applied, and with due consideration of the ranges within which engineering scope may vary, this method is valuable as a tool for general comparison with line-based fees for design services. Its acceptance over many years also affords a valuable guide for judging the reasonableness of proposal for consulting services. The percentage fee shall consider the type, complexity, location, and magnitude of construction cost of the project and shall not exceed the following percentages of estimated construction cost: a. Feasibility studies – three percent (3%); b. Detailed engineering design – six percent (6%); c. Detailed architectural and engineering design – eight percent (8%); and d. Construction supervision – ten percent (10%) These percentages include only those works normally undertaken in arriving at the expected outputs and do not include special studies or investigations. It is further emphasized that the above percentages are only ceilings and it does not necessarily mean that the said percentages shall always be adopted for each project. The actual percentage for a particular project will depend on the factors mentioned. 5.7 SCHEDULE OF MINIMUM BASIC FEES Rates of compensation for civil engineers engaged in various capacities are given*. The PICE shall regularly update the schedule of fees stipulate. Certain principles should however be observed as follows 1. When doing work on foreign assisted projects, or in projects where international consultants participate, the civil engineer performing similar or equivalent work, should accept compensation that approximates the international standard rates. 2. Civil engineers regularly employed in the private sector shall have a minimum compensation corresponding to 10% more than the minimum wage prevailing in the region as basic monthly salary. Civil engineers employed in the government shall have a minimum basic salary corresponding to appropriate entry positions provided by the Civil Service Commission. 3. A civil engineer employed in the private sector who signs and seals the civil engineering plans, specifications, and other related documents of a certain project for and in behalf of his employers shall be compensated with a minimum of 10% of the professional fee for the project, over and above the basic monthly salary. *For the basic minimum fee, read Manual of Professional Practice for Civil Engineers – Appendix A. CHAPTER 6. TOTAL PROJECT COST Probable total cost is a major concern of the client throughout the planning, design, and construction phases of a project. The probable total capital cost, often used to establish budgets for a typical project, is made up of: 1. Professional engineering costs 2. Construction cost 3. Legal and land costs 4. Owner’s costs, including project administration, staffing, financing, and other overhead 5. Contingency allowance for unknowns 6.1 PROFESSIONAL ENGINEERING COSTS A civil engineer is often engaged to make a study and to render a planning report on the contemplated project, including alternative solutions, layouts, and locations along with initial estimates of the probable project cost. These may involve alternative or phased implementation schemes which add flexibility to the project. The study and report phase may include the cost for field or traffic surveys, planning analyses, geotechnical explorations and analysis, in addition, to the direct engineering costs. The costs of coordination, evaluation implementation, and compliance have increased correspondingly. The extent of these concerns may not be identified during the study and report phase and sometimes not even after the final plans and specifications have been prepared. As a result, the estimated probable cost of the project based on the study and report phase must be understood to be preliminary in nature. Because projects vary widely in nature and scope, the study and report phase is important because its implementation determines the scope and development of the entire project and its ultimate capital and lifecycle cost. At times, preliminary investigations become extensive and lengthy that the study and report phase costs as much or more than the final design phase. During the final design and construction phase, additional surveying and geotechnical engineering services may be needed. Also special or additional engineering services not originally identified may be required by the client or recommended by the civil engineer. 6.2 CONSTRUCTION COST The study and report phase of the project usually includes a preliminary estimate of the construction cost of the contemplated project and for alternative project configurations. Such cost estimates are approximate, since the final design drawings and specifications have not yet been prepared. In addition, the timing of the construction work must be considered because inflation will affect the construction cost. Construction cost is the estimated total cost of constructing the facility to be covered by the proposed detailed design or construction supervision, services, excluding the fees and other costs of such services, the cost of land and right of way, and legal administrative expenses of the agency. The estimated construction cost must be approved by the client before the invitation to submit technical proposal is issued. 6.3 LEGAL, LAND, ADMINISTRATION, STAFFING, AND FINANCIAL COSTS These costs, which include audits, the cost of issuing bonds, land costs, and interest for borrowed money during construction, are part of the probable total project cost and can best be estimated in cooperation with the client because they are usually outside the knowledge and control of the civil engineer. 6.4 CONTINGENCY ALLOWANCE As the project moves forward from the study and report phase through the final design phase and finally to construction award, more becomes known about the project details and costs, until at the completion of the project, the final project cost becomes a known quantity. To provide for intangible costs, contingencies should routinely be added to the basic cost estimate. It is common practice to add 20% or more to the estimated probable total project cost at the completion of the study and report phase, reducing this to perhaps 10% at the completion of final design and perhaps to 5% when the construction bids become known. Larger or more complex projects may require higher contingencies. CHAPTER 7. RA 544 7.1 ARTICLE I – Title of the Act and Definition of Terms • RA 544 is known as the Civil Engineering Law • The practice of civil engineering includes a. Consultation, design, and preparation of plans and specifications b. Supervision of the construction of i. Streets, bridges, highways, railroads ii. Airports, hangars, and ports iii. Canals, river, and shore improvements iv. Buildings v. Fixed structures for irrigation, flood protection, drainage, water supply, and sewerage • A civil engineer is one duly registered with the Board of Examiners for Civil Engineers 7.2 ARTICLE II – Board of Examiners for Civil Engineers • Members of the board (3) are appointed by the Secretary of Public Works • Members of the board shall a. Administer oaths, certificates of registration, certificates of recognition to civil engineers b. Investigate violations of this Act c. Inspect educational institutions offering courses in civil engineering 7.3 ARTICLE III – Examination and Registration • Applicants for civil engineering registration are to take and pass a technical examination • Applicants must have the following qualifications: a. At least twenty-one years of age b. A citizen of the Philippines c. Of good reputation and moral character d. A civil engineering graduate from an educational institution recognized by the government • Registered civil engineers shall obtain a seal of such design as the Board shall authorize and direct • The Board shall not issue a certificate to any person convicted by a court of competent jurisdiction of any criminal offense • 7.4 ARTICLE IV – Enforcement of Act and penal provisions • No person shall practice or offer to practice civil engineering in the Philippines without having obtained the proper certificate of registration from the Board • A fine of not less than five hundred pesos nor more than two thousand pesos or to suffer imprisonment of not less than six months nor more than one year shall be imposed on any person who shall: a. Practice or offer to practice civil engineering in the Philippines without proper registration b. Attempting to use another engineer’s certificate as his own c. Impersonating any reigistrant civil engineer of different name d. Using a revoked or suspended certificate of registration 7.5 ARTICLE V – Miscellaneous provisions • Plans and designs of structures must be approved as provided by law or ordinance of a city or province or municipality where the said structure is to be constructed