1.3.

4 SUSPENSION OR TERMINATION OF SERVICES

If circumstances arise for which the Civil Engineer is not responsible and which make ti
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 had been suspended, the
time for their completion shall be extended by the extent of hte delay puls a reasonable period
for their resumption, or fi the speed of performing certain Services has to be reduced, the time
for their 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 reproductions thereof are instruments of service
owned by the Professional Engineer and shall be used only for the specific project covered by
het agreement between the Client and Engineer.

1.4 CIVIL ENGINEERING SERVICES

Civil Engineers 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 ni awarding contracts

•Construction administration and observation

* Arrangements for or performance of testing of materials and equipment

• Assistance ni start-up, assessment of capacity, and operation 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 sub consultants 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 parts of various disciplines such as
economist, planners, engineers, designers, estimators, architects, scientist, analysts,
specification writers, drafters, field representatives, surveyors and others. The expertise of
designers and specialists in other fields particularly as the use of computers and computer
aided design and drafting increases is utilized Likewise, Civil Engineers are employed by these
practitioners to assist them inthe performance of their respective services.

The Civil Engineer provides services which may result in the client submitting financial
resources for construction of a proposed project. A suitability of the constructed project for the
intended section 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. The client retains a program manager specialized tasks
necessary to the development or construction of a 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 staff, and provide periodic program status reports. nI other cases, the program
manager's staff would in essence act as an extension at and intact with the client's staff through
the life of the program. At most cases, the client continues to be the contracting agent with all
members of the program team 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 specializations of the field of s t r u c t u r a l engineering, geotechnical engineering,

w a t e r engineering, transportation engineering, and construction management and
engineering. ACivil Engineer who has specialized in any area 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 sti intended function rest upon the experience, organization, skill, integrity,and judgment of
eht Civil Engineer. The Civil Engineer's recommendations based on these factors, affect
life-cycle 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 ot 2% of
the life-cycle cost of most construction projects. tI 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 Henion, construction, and project start-up. Continuity fo sevrcie
aksi ni developing a relationship between the Civil Engineer and the client, which wil add to the
suces of the project.

Qualifications, experience, reputation, and quality of client service aie of critical importance ni
eht selection of aCivil Enginer sa a onsultant. Selection based primarily on cost of services, with
imited consideration fo the competence or expertise of the insultant, can result ni unsatisfactory
service ot the client and ni Nigher overall project costs.

The Civil Engineers competence in specialty fields, performance on other projects fo similar
nature,
i n t e r r e l a t i o n s h i p with t h e d e s i g n t e a m m e m b e r s , p e r s o n n e l
assignments, provision for independent reviews, and costs, insurance and other annual charges
and the resulting life-cycle couts of the project. Importantly, the client should recognize that
selecting na engineer based on quality and expertise is somewhat Bubjective. It si 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, a r e essential
before negotiating a fee for services. Aclearly defined scope of services greatly reduces the
potential for misunderstandings ro confusion which can later evolve into project delays and
claims for additional compensation. A detailed scope fo services protects the interests of both
the client and the consultants.
The Philippine Institute of Civil Engineers supports procedures such sa those specified by CIAP
Documents 101 and 102, Executive Order 164, and PD 1594 sa amended. In applying these
procedures the selection, procurement and administration of engineering services should bbe
the responsibility of the owner or the owner's engineering staff.

1. 7 PRIME 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 sa aprime professional, and
where hte clienits 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 no a design-build construction management, or turnkey
project.

1.8 EMPLOYMENT
The guidelines ni 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 si selected above other
competitors based on proposal or na innovative approach ot solving a client's needs. Competing
firms are normally shortlisted from anumber or engineers respondingot a client, solicitation
either directly, by a leter request or indirectly through a newspaper or other form or publication.
The civil engineer should be awarded a stipend to participate ni the competition.

1.10 CONTINGENCY BASIS OF EMPLOYMENT

Canon c5 or the PICE Code or Ethics provides that "Engineers may request, propose or accept
professional commissions on a contingency basis only under circumstances ni whcih their
cumstancesni whcih professional judgments would not be compromised." Although contingent
commisions are permissible, ti sithe general ewvi fo PICE that ti is not ni the best interest of the
client or the public for hte Civil Engineer to provide professional services on acontingency basis.

1.11 PROFESSIONAL ENGINEERS PRACTICE

OF FOREIGN CIVIL ENGINEERS

Foreign Civil Engineers are allowed by l a (See RA 8981) to practice civil engineering i n the
Philippines under the following instances.

1. The alws of the foreigner's state or country alow 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 ni foreign-funded, joint venture or foreign-assisted projects of the

government.

4. Employees of Philippine or foreign private institutions pursuant to law.

5. Cvli Engineers who were former citizens of the Philippines, ohw had been registered and
issued a certificate of registration and a professional identification card prior to their no ariza
cost of permanent residence, disineot practice their profession.

The application of the law is however not automatic. Foreign civil engineers must still secure a
certificate of registration/license for special permit from the Professional Regulation
Commission. Agencies, organizations or individuals, whether public or private who secure the
services fo a foreign Civil Engineer, era made responsible by law (R.A. 8981) rof securing a
special permit from the PRC and the Department of Labor and Employment pursuant ot their
respective rules.