CEETHIC FE Flashcards
described as the act of an employee of informing the public or higher management of unethical or illegal behavior by an employer or supervisor.
Whistle blowing
chairman of the CPD council is
a member of the Professional Regulatory Board/Board of Civil Engineering
known as the Continuing Professional Development Act of 2016.
RA 10912
results from team effort and measured by the degree of satisfaction of all parties involved.
Quality
situation in which companies share information illegally among themselves when offering to supply goods or services, in order to control the price.
Collusive Tendering
known as the Civil Engineering Law.
544
two-envelope system of selection procedure consists of the technical proposal and what?
price proposal
Gaining some unfair or dishonest advantage through deception and trickery is the unethical practice of
fraud
CPD Units required for the Civil Engineering Profession
45 Credit Units
A Civil Engineer can terminate an Agreement if there is no payment made within how many days after the due date without contention.
30 days
Practitioners of “maestro de obras” can undertake the making of plans supervision for buildings of how many floors
not more than 2
The subjects for examination in the CE Board Exam
Mathematics, Hydraulics, Geotechnical Engineering, Structural Design and Construction
failure to exercise that degree of care which, in the circumstances, the law requires for the protection of those interests of other persons which may be injuriously affected by the want of such care.
Negligence
In the computation of the total project cost, what is added to cover for the uncertainties in the project.
contingency allowance
is the offering of some good, service or money to an appropriate person for the purpose of securing a privileged and favorable consideration (or purchase) of one’s product or corporate project.
bribery
can engage in civil engineering practice when acting under the supervision of their employer.
draftsmen
The professional practice of foreign civil engineers are allowed by law under what Republic Act
RA 8981
refers to the analysis of matters of right and wrong.
ethics
are exempted from registration as a civil engineer.
Officers or enlisted men of the United States and Philippine Armed Forces, and civilian employees of the Government of the United States stationed in the Philippines
Civil engineers or experts called in by the Philippine Government for consultation, or specific design and construction of fixed structures
When the Civil Engineer assumes overall coordination including architectural and other engineering services, the Engineer is what
prime professional
The percentage fee for construction services shall not exceed
10%
During design services, this is the phase wherein we analyze the needs of the clients, provide conceptual design, and conceptual opinions of the probable construction cost.
Study and Report Phase
The Civil Engineer serving as a prime professional for a 3 – storey building with a project construction cost of Php 9,000,000, his minimum basic fee would be?
Php 630,000
As common practice, the allowance for uncertainties upon the completion of study and report phase is around how many %
20%
Upon the completion of the final designs, the allowance for uncertainties added to the total project cost would be around
10%
You are employed as a civil engineer in a private company, XYZ Build. A two-storey commercial building was assigned to you to be designed. After the design phase, you are also asked by your supervisor to sign and seal the plans and specifications on behalf of the company. You happily obliged the request. Is there any additional compensation for this act?
Yes, a minimum of 10% above and beyond the basic salary.
This is the phase where we prepare the final design criteria and outline specifications of the project when we provide design services.
Preliminary Design Phase
A design service phase where we prepare the design calculations, construction drawings and specifications, and other contract documents.
Final Design Phase
A civil engineer was asked to perform feasibility study of an apartment project, his fees would be a maximum of
3% of the construction cost
During this phase in our design service, we provide assistance to the client in the start-up and the processes of the project, and also provide inspections periodically.
Operation Phase
A basic Engineering Design Services was required of the Civil Engineer in a resort project which has a construction cost of Php 8,000,000, her minimum compensation for her services would be?
Php 84,000
Order of QBS
Invitation or Public Notice
Budget Preparation
Evaluation of Qualifications
Pre-proposal Conference
Proposal Evaluation / Interview
Background Check
Shortlisting
Awarding of Winning Bidder
Negotiation
Contract Signing
What Canon: 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.
Canon 1
What Canon: Civil Engineers shall perform services only in areas of
their competence.
Canon 2
What Canon: Civil Engineers shall issue public statements only in
an objective and truthful manner.
Canon 3
What Canon: Civil Engineers shall act in professional matters for
each employer or client as faithful agents or trustees
and shall avoid conflicts of interest.
Canon 4
What Canon: Civil Engineers shall build their professional
reputation on the merit of their services and shall not
compete unfairly with others
Canon 5
What Canon: Civil Engineers shall act in such a manner as to
uphold and enhance the honor, integrity, and dignity
of the civil engineering profession.
Canon 6
What Canon: 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.
Canon 7
On your daily site tour, you walk by a steamfitter and you notice he smells of alcohol. The appropriate thing for you to do as superintendent is
Remove the worker from the jobsite immediately, contact his foreman, and have a drug/alcohol test conducted
Having a successful career, you have retired and sworn off construction forever. With the money from the gigantic retirement fund you have, you decide to build a house. Four contractors submit a bid, one who is a cousin of your spouse. You should hire
Hire the contractor that offers the best value to you
Hiring is your primary job for your new company. You need to hire a new field engineer within the next week. You look at the demographics of the company and realize that only 3% of the company are African Americans. When you hire someone you
Hire the most qualified and suitable person for the job
Being the site supervisor, you are walking around your project site. You notice oil spilled into the soil from the mason’s mixing machine. The mason foreman says that grade level will be five feet higher and no one will ever see it. What should you do?
Make the subcontractor remove the contaminated soil and replace it with new soil
The current outlook for your project is Php 300,000 over budget and you are looking for ways to trim budget. Your purchasing landscaping and the lowest bid came exactly what you have budgeted for. What is the most ethical action you can take to benefit everyone
Contact all subcontractors and tell them all bids were too high and that an online auction for the contract will take place
During site tours you notice that the quality of drywall finishing in a particular room is poor. You ask the foreman about who completed the work, and he said he had a crew doing each room. Upon talking to the crew, you realize that one member is specifically being singled out for the work. You should
Contact the subcontractor to verify qualifications for employee
It’s late in the projects schedule and ultimately the last day for six subcontractors on site. As a gesture of good faith, you ask the respective foreman out for a drink after the work day. The drink turns into a bottle and you have to pay for the bill. You…
Pull out your own personal credit card and pick up the drinks
Being the field engineer on the new power plant outside of Cavite, one of your responsibilities is to maintain site safety. You notice a strong odor coming from the chemical a subcontractor is using to seal the structure. Soon the entire site smells and you notice employees becoming ill. You should…
Call the proper authorities and evacuate the site
Your company has a bid request for a project that would involve a building that would house adult entertainment in a rural based community. The community is openly protesting. As president of your company you should…
Meet with the public and political officials to see if a compromise can be reached first before bidding
The construction documents for the project you are currently working on are terrible, go figure. Your behind in schedule and budget and need to make up time and money. The project is only Php 5 million but your subcontractors have submitted 36 change orders totaling roughly Php 800,000, which you know is overpriced. As Project Manager you should…
Hold meetings with subcontractors to review each change order and develop the real value of each order
Your company is currently bonded to do Php 25 million worth of work. Currently you are doing Php 22 million, but you are submitting a proposal for a Php 7 million job, putting you Php 4 million over your bonding capacity. This may result in…
Lawsuit, Bankruptcy, Folding of the Company
You are in charge of your projects finances. In a scope meeting with three subcontractors, you accidentally disclosed the bid of one of the contractors on a document. You should…
Apologize to the subcontractor and take complete responsibility for the error
Mold is a growing problem in the industry. You are the site superintendent currently monitoring installation of the building’s brick façade. A satisfactory action to take to ensure that proper quality control is taking place would be to…
Create a document that quantifies the quality of installation and have foreman sign off on it
You are filling out payment applications for your mechanical contractor. You notice on the sheet he claims 50% of ductwork is installed and wants paid for it. However you have just been on site and only the first floor of five has ductwork installed. You should…
Contact the subcontractor and ask for justification of his value. Decide on the correct value and pay accordingly
You are processing change orders, you notice that the subcontractor has inflated the cost of his service by what you determine to be 20%. You are passing this along to the owner, so do you…
Write the change order for the proper value of the work and materials
Recommend a movie and a series that you really like, and describe the plot, in a witty way, in one sentence.
Crazy clown pisses orphan billionaire.
Executive Order No. 1008 is also known as
Construction Arbitration Law
In an Arbitral Tribunal, each party may nominate one 1 arbitrator from the list of arbitrators accredited by the CIAC for appointment and for confirmation. Who is acceptable to both parties confirmed in writing shall be appointed by the CIAC and shall preside over the Tribunal.
third arbitrator
who shall have original and exclusive jurisdiction over disputes arising from, or connected with, contracts entered into by parties involved in construction in the Philippines.
CIAC
CIAC stands for
Construction Industry Arbitration Commission
is final and inappealable except on questions of law which shall be appealable to the Supreme Court.
arbitral award
Republic Act 4566 is also known as
Contractors’ License Law
the one who undertakes or offers to undertake or purports to have the capacity to undertake or submits a bid to, or does himself or by or through others.
contractor
one whose person whose principal contracting business is in connection with fixed works requiring specialized engineering knowledge and skill.
General Engineering Contractor
One of the requirements in obtaining a contractor license is at least having _ years of experience in the construction industry.
two
an individual, firm, partnership, corporation, association or other organization, or any combination of any thereof.
person
one whose person whose operations pertain to the performance of construction work requiring special skill and whose principal contracting business involves the use of specialized building trades or crafts.
specialty contractor
one whose person whose principal contracting business is in connection with any structure built, being built, or to be built, for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind, requiring in its construction the use of more than two unrelated building trades or crafts, or to do or superintend the whole or any part thereof.
general building contractor
A PCAB license was not required to a registered civil engineer or a licensed architect acting solely in his professional capacity. (True or False)
True
Act to ordain and institute the Civil Code of the Philippines.
Republic Act 386
Certain lawful, voluntary and unilateral acts give rise to the juridical relation of what to the end that no one shall be unjustly enriched or benefited at the expense of another
quasi-contract
not being based on positive law but on equity and natural law, do not grant a right of action to enforce their performance, but after voluntary fulfillment by the obligor, they authorize the retention of what has been delivered or rendered by reason thereof.
Natural Obligations
may be recovered when the court finds that some pecuniary loss has been suffered but its amount can not, from the nature of the case, be provided with certainty.
Temperate/moderate damages
are imposed, by way of example or correction for the public good.
Exemplary and corrective damages
A contract entered into in the name of another person by one who has been given no authority or legal representation, or who has acted beyond his powers is an example of
unenforceable contract
When one is entitled to an adequate compensation only for such pecuniary loss suffered by him as he has duly proved. Such compensation is referred to as
actual or compensatory damages
Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. Such fault or negligence, if there is no pre-existing contractual relation between the parties, is called a
quasi-delict
Ignorance of the law excuses _ from compliance therewith according to Article 3 of the Civil Code of the Philippines.
no one
is a contract whereby the parties, by making reciprocal concessions, avoid a litigation or put an end to one already commenced.
compromise
A contract whose cause, object or purpose is contrary to law, morals, good customs, public order or public policy is an example of
void and inexistent contract
a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service.
contract
who binds himself to the creditor to fulfill the obligation of the principal debtor in case the latter should fail to do so.
guarantor
are those agreed upon by the parties to a contract, to be paid in case of breach thereof.
Liquidated Damages
type of contract when one of the parties is incapable of giving consent to a contract.
voidable contract
include physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury.
moral damages
The engineer or architect who drew up the plans and specifications for a building is liable for damages if within how many years from the completion of the structure, the same should collapse by reason of a defect in those plans and specifications, or due to the defects in the ground.
15 years
is a juridical necessity to give, to do or not to do.
Obligation
are adjudicated in order that a right of the plaintiff, which has been violated or invaded by the defendant, may be vindicated or recognized, and not for the purpose of indemnifying the plaintiff for any loss suffered by him.
nominal damages
The essential requisites of contract
consent, object of contract, and cause of contract.
The essential requisites of contract
consent, object of contract, and cause of contract.
is about prescribing policies, guidelines, rules and regulations for government infrastructure contracts.
Presidential Decree 1594
Republic Act 9184 is also known as the
Government Procurement Reform Act
For the procurement of Goods and Infrastructure Projects, the BAC shall evaluate the financial component of the bids. The bids that passed the preliminary examination shall be ranked from lowest to highest in terms of their corresponding calculated prices. The one with the lowest calculated price shall be referred to as the
Lowest Calculated Bid
Construction projects shall generally be undertaken by contract after
competitive public bidding
are documents issued by the Procuring Entity containing all information necessary for a participant to make an offer.
Procurement documents
For the procurement of consulting services, short listed bidders shall be evaluated and ranked using numerical ratings in accordance with the evaluation criteria. The bids shall be ranked from highest to lowest in terms of their corresponding calculated ratings. The one with the highest calculated rating shall be referred to as the
Highest Rated Bidder
All items, supplies, materials and general support services, except consulting services and infrastructure projects, which may be needed in the transaction of public businesses or in the pursuit of any government undertaking, project or activity are called
goods
refers to a website that aggregates a wide variety of content for the purpose of attracting a large number of users.
portal
is the signed offer submitted by a supplier, manufacturer, distributor, contractor or consultant in response to the documents issued by the Procuring Entity.
bid
What shall assess the readiness of the procurement in terms of confirming the certification of availability of funds, as well as reviewing all relevant documents in relation to their adherence to law
pre-procurement conference
serves as a guarantee that, after receipt of the Notice of Award, the winning bidder shall enter into contract with the Procuring Entity within the stipulated time and furnish the required performance security.
bid security
is a method of procurement that involves a direct procurement of goods from the previous winning bidder, whenever there is a need to replenish goods procured under a contract previously awarded through competitive bidding.
repeat order
is a method of procurement that may be resorted under the extraordinary circumstances provided for in this Act and other instances that shall be specified in the IRR, whereby the procuring entity directly negotiates a contract with a technically, legally and financially capable supplier, contractor or consultant.
Negotiated Procurement
Within a period not exceeding _ calendar days from the determination and declaration by the BAC of the Responsive Bids, and the recommendation of the award, the Head of the Procuring Entity or his duly authorized representative shall approve or disapprove the said recommendation.
15
Prior to the signing of the contract, the winning bidder shall, as a measure of guarantee for the faithful performance of and compliance with his obligations under the contract prepared in accordance with the documents, be required to post a what in such form and amount as specified in the documents.
performance security
is a method of procurement that involves direct invitation to bid by the procuring entity from a set of pre selected suppliers or consultants with known experience and proven capability relative to the requirements of a particular contract.
limited source bidding/selective bidding
is a method of procurement whereby the procuring entity simply requests for the submission of price quotations for readily available off the shelf goods or ordinary/regular equipment to be procured directly from suppliers of known qualification.
shopping
serves as the primary and definitive source of information on government procurement.
G-EPS
is a method of procurement that does not require elaborate bidding documents because the supplier is simply asked to submit a price quotation or a pro forma invoice together with the conditions of sale, which offer may be accepted immediately or after some negotiations
Direct Contracting/Single Source Procurement
All bidding documents shall be accompanied by a sworn affidavit of the bidder that he or she or any officer of their corporation is not related to the Head of the Procuring Entity by consanguinity or affinity up to what civil degree.
third
The Procuring Entity shall issue the Notice to Proceed to the winning bidder not later than _ calendar days from the date of approval of the contract by the appropriate authority
7
Within _ calendar days from receipt of the Notice of Award, the winning bidder shall formally enter into contract with the Procuring Entity.
10
