Civil Engineering Services Procurement

• This manual focuses on the procurement of civil engineering services for quality projects.
• Quality is defined as meeting client/employer expectations and project requirements through dedication, effort, planning, innovation, and responsibility.
• Quality requires consistent effort throughout every project phase
• Quality is measured via satisfaction of all parties and the manual aims to improve the understanding/practice of civil engineering
• The manual's development is based on Civil Engineering services meeting the standard of care for the profession

Professional Responsibility

• Civil Engineers are typically responsible for studying, conceiving, designing, observing construction, and assisting in programming for operating and maintaining engineering works
• The health, safety, well-being, and comfort of the public depend on how project team members handle their responsibilities
• Civil Engineers should be trustees of public interest and be faithful to clients' private interests.
• Fulfilling these responsibilities needs communication, trust, and candor between the Civil Engineer and the client
• Civil Engineers must act professionally and serve as faithful trustees or agents of their clients/employers and follow the Fundamental Canons of Ethics
• Protecting the environment is critical for a Civil Engineer's work
• They must maintain high ethical standards when dealing with clients, employers, employees, competitors, and the community

Client-Civil Engineer Relationships

• Many engineering works are conceived, designed, and constructed through Civil Engineers in governmental agencies/industry
• Specific projects may come to fruition through civil engineering firms hired by public agencies/private clients
• Public/private entities rely on Civil Engineers as employees, and independent firms are relied on for special expertise
• Definition of appropriate relationships between Civil Engineers and public/private clients is an objective of this manual

Obligations of the Civil Engineer

• The Civil Engineer must perform services as in SECTION 2
• The Civil Engineer must perform obligations with skill, care, and diligence
• The Civil Engineer must act independently, perform with the necessary skills, and use professional judgment
• When required by contract, the Civil Engineer must certify, decide, or exercise discretion between the Client and a Third party
• The Civil Engineer can act as the Client’s agent only as implied in SECTION 2 or the contract
• The Civil Engineer must inform the Client in writing of any matters that change the services' scope
• For specified staged services, the Civil Engineer cannot proceed without the Client's approval

Obligations of the Client

• The Client must pay the Civil Engineer's fees/expenses as determined in their Agreement
• The Client must provide all information required by the Civil Engineer in reasonable time and decisions in writing
• The Client must cooperate with the Civil Engineer and not obstruct the services
• The Client must make arrangements for the Civil Engineer to enter sites and inspect facilities.
• The Client must arrange/pay for services from other professionals
• The Client must give all instructions through the Civil Engineer when the Civil Engineer administers work or acts as Engineer-to-the-Contract
• The Client shall notify the Civil Engineer in writing within 7 days when aware of matters that will change the Civil Engineer's Services, including specifics of the change

Liability of the Civil Engineer and the Client

• The Civil Engineer is only liable for damages if a breach of duty of care is proven
• The Client is only liable for damages if a breach of duty to the Civil Engineer is proven
• Conflicts between the Civil Engineer and the Client must be resolved through arbitration.
• A third-party arbitrator should decide whether there was a breach of duty by either the Civil Engineer or the Client

Limitation or Civil Responsibility

• The Civil Engineer is not responsible for errors/omissions from data, documents, plans, or specifications not prepared by him or personnel under his control
• The Civil Engineer is not responsible for the acts, omissions, or negligence of the Client, Other Consultants, Contractors, or suppliers
• The Civil Engineer is not liable for any warranty or promise regarding the suitability, competence, or performance of other consultants, contractors, or third parties.
• The Civil Engineer is not responsible for techniques, methods, or procedures used by any third party executing aspects of the Project

Damages Payable

• Damages are limited to reasonably foreseeable loss/damage from breach
• Maximum damages payable are limited to the amount in Specific Provision, or the lesser of P300,000 or 10% of the work's total amount attributable to the Civil Engineer's breach, or 25% of the total fees payable

Third party contribution to damages

• The proportion of damages by the liable party is limited to the proportion attributable to their breach of duty

Suspension or Termination of Services

• The Civil Engineer must notify the Client if circumstances make Services impractical/impossible
• The time would be extended or reduced
• The Client can suspend/terminate Services with 30 written days notice to the Civil Engineer, with the Civil Engineer minimizing further expenditure immediately
• The Civil Engineer can terminate with 30 written days notice if payment is not received, or services suspended is over 6 months

Settlement of Disputes

• Arising disputes must be in writing served to the other party, and requested to be resolved by conciliation, and then shall be referred to arbitration

Ownership of Data, Designs and Documents

• Design analyses, drawings, specifications, and reproductions are owned by the Professional Engineer
• These designs and documents can only be used for the agreement between the Client and Engineer

Civil Engineering Services

• Civil Engineers and firms can provide services to public or private clients like design, consultations, advice, feasibility studies, field investigations, engineering data collection, environmental assessments, opinions on construction cost
• They can provide preliminary and final designs, drawings, specifications, construction bidding documents and assistance in securing construction bids and in awarding contracts
• They can also provide Construction administration and observation, arrangements for testing materials/equipment, start-up assistance, preparation of operation/maintenance manuals, Value engineering and Expert testimony
• Other services they can provide include Assessment of risks, structural remediation/rehabilitation, Project Management and controls, supplemental temporary staff, teaching, construction managers or program managers

Specialization in Civil Engineering

• PICE recognized 5 specialization areas (Structural Engineering, Geotechnical Engineering, Water Engineering, transportation engineering, and construction management and engineering
• Specialization needs knowledge, experience, education and training by PICE committee requirement for specialisation certificates

Selecting a Civil Engineer

• Engaging a Civil Engineer is a significant decision during project development
• Financial, design, suitability rely skills organisation, judgment of the civil engineer
• The recommendations affect life-cycle costs and economic feasibility
• Full range services typically not less than 1 - 2 % of life cycle most construction projects
• continuity is developing relationship, qualification, reputation, client service
• Client assigns individuals to make sure competence for speciality fields projects of similar nature, team work assignments, with provision of independent reviews/costs, to make the best selection after detailed discussion with the engineer.

Prime Professional Practice

• The guidelines are for professional practice
• Applies when the consultant Civil Engineers serve the client directly as a prime professional, and where the client is the owner of the project
• It 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; and in design-build construction projects, management, or turnkey projects.

Employment

• This manual also refers to Civil Engineers employed by professional consulting firms, government agencies, manufacturing and commercial entities.

Design Competition

• Selection process where Civil Engineer is picked as an option for solving client's needs, normally shortlisted/recruited letter and forms where they are awarded a stipend to participate in the competition

Contingency Basis of Employment

• Commissions permissible only is judgements not comprised
• The contingency commission of the client general is not in the best interest

Professional practice of foreign civil engineers

• Law that foreign entities must practise civil engineering in the phillipines
• Laws of entities state that they're allowed to practise civil engineering similarly
• Entities must secure certificates from Professional Regulation Commission, Labor and Employment
• Agencies responsible for law

Classification of Engineering Services

• The general needs for professional civil engineering services vary
• Many civil engineering firms provide comprehensive services
• Some specialize in geotechnical or structural, transportation, water and construction management
• Services include: consultations, research, investigations, reports, design services for construction projects, construction services
• More services: engineering support services, academic services, services as employee
• Types of infrastructure: streets, railroads, bridges, and highways