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ENGINEERING LAWS, CONTRACTS AND ETHICS

BY:

CECILIA M. CRUZ
Agricultural engineering

 is the engineering discipline that applies


engineering science and technology to
agricultural production and processing.
Agricultural engineering combines the
disciplines of animal biology, plant biology,
and mechanical, civil, electrical and chemical
engineering principles with knowledge of
agricultural principles
THE ENGINEER AND HIS EDUCATION

 Qualities That an Engineer Should Possess:

1. Problem Solving Skills:


 Engineers must be able to:
a. identify and define the problem to be solved
b. develop alternative design solutions
c. implement the solution finally selected

2. Effective Communication Skills


 Engineers must be able to convey ideas effectively in
both written and in oral form.
3. Highly Ethical and Professional Behavior
 Engineers must be able to recognize and resolve ethical
dilemmas, and behave in a professional manner at all times
and under all circumstances.
4. An Open Mind and Positive Attitude
If engineers are to be successful in solving challenging
technical problems, they must be both imaginative and
optimistic that their efforts will bear fruit.
5. Proficiency In Mathematics and Science
 Engineers must be adept in mathematical techniques
and knowledgeable about science
6. Technical Skills
 Engineers must acquire the appropriate set of technical
skills if they are to perform well in their chosen profession.
7. Motivation to Continue Learning
 Given that both technology and scientific knowledge are
expanding at an incredibly rapid rate, engineers must be
willing and able to acquire new skills and knowledge in
their areas of expertise.
8. Knowledge of Business Strategies and Management
Practices
 Engineers must be familiar with such strategies and
practices if they are able to succeed in industry.
9. Computer Literacy
 Engineers must be familiar with the latest computer
technology if they are to use it in effective ways in various
engineering applications.
10. Understanding of World Affairs and Cultures
 It is critical to understand cultural differences if one is to
work in harmony with others from around the world, as
tomorrow’s engineers will do.
The Skills, Attributes and Qualities of an Engineer:

1. Knowledge and Understanding


2. Intellectual Abilities
3. Practical Skills
4. General Transferable Skills
5. Qualities

SUCCESS IN THE ENGINEERING PROFESSION

 Engineers are “professionals” who apply the principles


and theories of mathematics and science to practical
problems in the hope of developing or improving the
design, construction, safety, and maintenance of projects
they are working on.
A. PERSONAL SUCCESS:

Success is measured by various individuals in many different ways,


but basically it implies the accomplishment of that which the
individual desires to accomplish it.

The highest success results from a well-balanced life, and usually


includes;

1. Suitable friends and family relations, for the most worthwhile


success do not come with solitude.
2. Sufficient income to provide for the comfort of individual, his
family, and dependents,
3. A good personal, professional, and business reputation.
4. The respect of friends and associates.
5. Self respect or the approval of one’s own conscience resulting from
the proper observance of personal religious and ethical
convictions.
Any success which is truly worthy of the name will be based on;
1. Character
 It is the main spring of the highest success.
2. Basic Ability is possessed by the individual, it cannot take the
place of hard, conscientious work and conditions effort if it is
properly utilized and developed.
3. Education and Experience are to a considerable degree the result
of opportunity but are still usually acquired principally through
individual effort.
4. Experience is best acquired by personal observation, but the
recorded practice of others is a source not to be neglected.
5. Individual Opportunity comes with little apparent effort, while
others are required to make their own opportunities.
6. Health great affects the chances to success.
B. OPINIONS OF THE ENGINEERING PROFESSION:
Six most important characteristics are:
1. Intelligence
2. Dependability
3. Organizational acceptability
4. Energy
5. Emotional acceptability
6. Physical acceptability

C. JUDGEMENT:

 The few years in an engineering school cannot give a


complete knowledge of any of the subjects studied.
D. UNDERSTANDING PEOPLE:

 The engineer, in the course of his professional life, must


work with many people in the various types of employment

E. PERSONALITY
1. Personal appearance
2. Punctuality
3. Attention to business
4. Concentration
5. Collaboration
BIAS
1. Influence of special knowledge
2. Influence of personal experience
3. Influence of local experience
4. Influence of personal interest
5. Influence of association
BUSINESS AND FINANCE IN ENGINEERING

1. Economic worth
2. Economic management
3. Economic expediency
4. Economic selection
PROFESSIONAL IMPROVEMENT
•The engineer must acquaint himself with the ideas and
activities of others.
•Young engineer mingle with other engineers and compare
his ideas.
•He should as soon as possible associate himself with
technical societies before which problems of engineering
which he is particularly or generally interested are
discussed.
•He should listen to or read the papers and discussions of
others.
AGRICULTURAL ENGINEERS AT WORK

 design of agricultural machinery, equipment, and


agricultural structures
 internal combustion engines as applied to agricultural
machinery
 agricultural resource management (including land use
and water use)
 water management, conservation, and storage for crop
irrigation and livestock production
 surveying and land profiling
 climatology and atmospheric science
 soil management and conservation, including erosion
and erosion control
• seeding, tillage, harvesting, and processing of crops
• livestock production, including poultry, fish, and dairy
animals
• waste management, including animal waste, agricultural
residues, and fertilizer runoff
• food engineering and the processing of agricultural
products
• basic principles of circuit analysis, as applied to electrical
motors
• physical and chemical properties of materials used in, or
produced by, agricultural production
• Bio-resource engineering, which uses machines on the
molecular level to help the environment.
• Design of experiments related to crop and animal
production
TYPES OF ENGINEERING WORKS:

1. ADMINISTRATION
2. PLANNING AND DESIGN
3. CONSTRUCTION AND INSTALLATION
4. PRODUCTION AND OPERATION
5. SALES AND CONSULTING
6. RESEARCH AND DEVELOPMENT
7. TEACHING
PERSONAL AND ETHICAL RELATIONS

 Engineering ethics is the discipline or study of the moral


issues arising in and surrounding engineering.

 Engineering ethics has been defined as ‘service of the


public interest with integrity and honor’.

There are four counts of moral predicament:

1. moral negligence – failure to consider something


important,

2. moral recklessness – failure to give adequate


consideration to something important,
3. moral blindness – failure to see an issue in the process
of deliberation, and
4. Cultivation and exhibition of moral competence. This is
a challenge more than a predicament. It involves
developing adequate preparation, sensitivity, awareness,
knowledge and conceptual abilities to deal with ethical
issues.

Professionalism
 Engineering professionalism embodies not only the
technical mastery of certain skills and a body of knowledge,
but also a firm commitment to use that knowledge and
skills economically and sustainably for the progressive well
being of the society – referred to as a commitment to the
public interest.
Professional engineering ethics can be divided into two
categories:

1. micro-ethics is concerned with the moral aspects of


relations and conduct of issues in the everyday matters

2. macro-ethics refers to large-scale moral issues


concerning the members of the profession as a collective in
their relations with and responsibility to the society.
The engineer’s social responsibility of engineering
projects embraces the following:

1. Obligation to safety and health and respect for right of


informed consent.
2. Assess impacts, mitigate adverse impacts and monitor
them.
3. Moral competence.
4. Accountability.
5. Display due attributes of professionalism.
Responsibility and Accountability

Responsibility embodies both the moral and professional


sense of obligation.
Accountability means one can be held to account for one’s
actions, to explain, justify and present cogent reasons for
one’s conduct when required by a proceeding.

Corporate Social Responsibility


Corporate social responsibility goals include the
following:
1. Pay attention to sustainability triple bottom line:
economic, social and environment.
2. Demonstrate integrity and transparency.
3. Involve with community to enhance social welfare and
support.
4. Engage with and respect the stakeholders.

Codes of Ethics, and Social Sustainability

 A professional code of ethics is a statement of principles


by which the practitioner may calibrate his or her personal
attitude and conduct.
 The obligation of social responsibility is embraced in the
codes of ethics of professional engineering societies.
The codes of engineering ethics serve many objectives
and functions. Some of these can be outlined as follows
(Ladd).
1. Inspiration and guidance to members.
2. Alert and remind the professionals of the moral aspects of
their work they may have overlooked.
3. Offer advice in case of moral dilemma and other
conflicts.
4. Defend the integrity of the profession and protect the
professional standards.
5. Inform the prospective clients and employers the
standard of service expected of the members of the
profession.
6. Encourage members to update knowledge and skills and
participate in professional society activities.
7. Enhance the profession’s public image.

Integrated Sustainability Model


A number of professional organizations define their
ethical approach as a number of discrete components:

1. Honesty
2. Integrity
3. Transparency
4. Accountability
5. Confidentiality
6. Objectivity
7. Respectfulness
8. Obedience to the law
THE USE OF ENGLISH IN THE ENGINEERING
PROFESSION

A. THE IMPORTANCE OF ENGLISH

 The ability to use clear, logical, forceful and correct


English is an asset of great value to engineer. In the other
hand obscure, incorrect, and faulty language reports,
instructions, contracts, and specification frequently involves
dispute and litigations.

 The command and intelligent use of language is the best


method of conveying to others an appreciation of the
knowledge possessed by the engineer and of his ability to
meet and solve engineering problems
B. ENGINEERING ENGLISH

In general, letters, reports, and paper may be written for;

1. Non-technical readers
2.Technical readers
3. Supervisors and assistants
4. Contracts and specifications
C. THE HEARER OR READER
The knowledge and capacity of those to whom written or
spoken language is addressed is an important element to
be considered in the preparation of articles, reports, or
addresses. Papers on technical subjects must therefore be
written with the capacity of the reader in view.
In the written of contracts and specifications, which in the
execution of the work must usually be interpreted by men
of varying capabilities and which may be, and frequently
are, subject to interpretation of the court, the words
should be as carefully chosen to express the exact
meaning.
D. KNOWLEDGE OF SUBJECT
Accurate and complete knowledge requires study,
application, efforts and reflection, knowledge of spelling,
punctuation, grammar, rhetoric and composition, and even
a broad experience in writing of technical English will not
compensate for lack knowledge of the subject matter.
Knowledge of the subject is fundamental to success and
indispensable for clear technical exposition. Knowledge of
spelling, punctuation, grammar, rhetoric, composition, and
the meaning of the words, both common and technical, is a
secondary consideration but very important.
E. LOGICAL ARRANGEMENT
•The arrangement of the entire subject is logical order both
as regards main features and subordinates factors.
•The discussion of each feature and each subordinate
factor is a connected manner but at the same time so
distinct and separate as to define accurately to the mind of
the reader its relative importance and its modifying effects
on the entire subjects.

F. OUTLINE
In preparation of the outline, following questions are to be
considered:
1.What ideas are to be developed?
2. What factors are to be presented?
3. What order of presentation will be the best and most
logical and will most easily convey the meaning?
G. STYLE
The careful choice of words, the accurate use of technical
terms, correct grammatical construction, logical
arrangement of ideas, clear method of expression, the
presentation of the matter in an attractive manner are all
desirable to secure and hold the attention of the reader
and to convey the meaning clearly. Poor spelling, improper
punctuation, ungrammatical construction, and involved
language draw the attention to subordinate matters and
lead the reader to surmise that the conclusions presented
may be erroneous as the form in which they appear.
Simplicity in language when practicable, results in the
highest efficiency in comprehension.
H. THE CHOICE OF WORDS

Simplicity in understanding is not always assured by


simplicity of language. Because words are used to convey
ideas, those words should be chosen which both accurately
express the idea to be conveyed and most familiar to those
whom the words are addressed.

I. THE PRECISE USE OF ENGLISH

Lack of precision in engineering communication may


be due to one of a number of causes. A word maybe used
which has a meaning more restrictive than intended.
J. PUNCTUATIONS AND THE ARRANGEMENT OF WORDS
IN A SENTENCE
The meaning of an expression or sentence is largely
controlled by the arrangement of words and by the
emphasis that is given in their oral expression. In writing,
the emphasis to be observed must be implied by the
arrangement, or indicated by punctuations.
K. THE VOCABULARY
It is important that the engineer acquire a technical
vocabulary and also a knowledge of the language used in
the business in which he is employed or with which he may
be associated.
The best method of acquiring a technical vocabulary is the
direct study of words and terms used in any special
vocation in business when such information is available.
LETTERS AND REPORTS
TYPES OF LETTERS
1. BUSINESS LETTERS
The purposes of business letter are classified into three
groups:
•Letters which request information
•Letters which convey information
•Letters which are intended to motivate action

2. EMPLOYMENT LETTER
The purpose of the employment application letter is to
induce the recipient to offer the applicant employment if
any for which he is suited is available.
3. APPLICATION LETTER

Three fairly typical sets of circumstances:


1. The applicant any have decided that he might like to
work for some particular company but does not know if
there is an opening.
2. Information may be received from any one of a number
of sources that there is an opening for which the applicant
would like to consider.
3. An initial contact may have been made with a
prospective employer.
Letter of Application to the Employment
Two subjects covered in letters of application for
employment:
1. Experience of the applicant
2. Minimum acceptable salary

Three types of situational considered in writing letters of


application for employment:
1. An inquiry to find out of employment is available.
2. The applicants believe that there is a job of specific types
available, and would like to make an application for this
job.
3.When an applicant’s desired to submit a complete record
for consideration.
B. TECHNICAL REPORTS
The Importance of Good reports
Technical report is the most common form of technical writing
and expecting contracts and specifications, the form most
important to the engineer.
The Purpose of Reports
The function of the report is to point out plainly, so that
those for whom the report is prepared can understand, the
facts and conditions which must be known in order that
suitable action can be taken.
Investigations and Estimates
Proper reports must be based in a suitable investigation of
the subject and this must be made as complete as the
purpose of the reports will warrant.
Element of Successful Reports
Most reports depend for their value on accuracy of
observation and correct deductions. They often require
great technical knowledge and skill and frequently a wide
practical experience. Clear, explicit, and exact statements
are of special importance. Proper arrangement emphasizes
the importance of the main ideas and the relations of the
subordinates’ factors. In general it is essential that the
reports itself be clear, concise and definite in its statements
and recommendations.
LEGAL RELATIONS, RIGHT AND RESPONSIBILITIES AND
TECHNICAL MEN
PROFESSIONAL RESPONSIBILITY: THE ROLE OF ENGINEERING IN
SOCIETY

1. Safety and Welfare of the Public and of Clients


2. Professional Ethics
3. Legal Liabilities of Engineers
4. Environmental Responsibilities
5. Quality
6. Communications
LAWS AND CONTRACTS

•A contract is an agreement between two parties for certain


acts to be performed from which have been arrived at in
such a manner, set forth and such a form and is of such
contents that it has legal effect

•A contract is a binding agreement that the courts will


enforce. All contracts are agreements but not all agreements
are contracts. Agreements often impose merely a social or
moral obligations hence are not legally enforceable by law
ELEMENTS OF CONTRACTS

1. Essential Elements- those without which no contract can


validly exist.

2. Natural Elements- those that are presume to exist in


certain contracts unless the contrary is expressly stipulated
by the parties, like warranty against hidden defects in as
contract of sale.

3. Accidental Elements- are the particular clauses, terms or


conditions establish by the parties in their contract like
interest and penalties
TYPE OF CONTRACTS
1. As to Origin
•Express contracts
- consist of agreements in which the terms are stated by
the parties. The terms may be stated orally or in writing. But the
contract as a whole must reflect the intention of the parties. As a
general rule, if an express contract between the parties is
established, a contract embracing the identical subject cannot
be implied in fact, as the law will not normally imply a substitute
promise or contract for an express contract of the parties

•Implied contracts
- are inferred from the facts and circumstances of the
case or the conduct of the parties. However, such contracts
are not formally or explicitly stated in words. The law
makes no distinction between contracts created by words
and those created by conduct.
2. As to obligation status
•Bilateral contract
- a contract which requires agreement and performance from
both parties to the contract. Most of what we think of as contracts
are bilateral in nature. One party promises to do X and the other
party promises to do Y. Bilateral contracts may not require
negotiation but often this is a component.
•Unilateral contract
- involves a promise that is made by only one party.

3. As to participants

•Two-party contract
- contract between two entities. The most common is when a
person buys goods or services.
•Joint contract
-type of oral or written agreement in which two or
more parties on one side of the agreement consent to be
responsible for something as a collective unit, rather than
as individuals. Joint contracts are frequently formed when
multiple parties promise to be jointly liable for performing
certain duties and obligations, such as repaying outstanding
debts or delivering goods and services.
•Several contracts
-two or more persons enter to a contract as a
promisory but keep their liabilities more or less separate.
• Joint and several contracts
-always entail multiple promises for the same
performance. Two or more parties to a contract who
promise to the same promise that they will give the same
performance are regarded as binding themselves jointly,
severally, or jointly and severally

•Third party beneficial contract

4. As to form
•Contract under seal
- Traditionally, a contract was an enforceable legal
document only if it was stamped with a seal. The seal
represented that the parties intended the agreement to
entail legal consequences.
•Contract of record
-A contract that is declared by a court and entered into
the court's record is known as a contract of record.
Contracts of record generally include judgments and
recognizences.

•Simple or parol contract


-Contracts which derive their efficacy from the substance
of the transaction rather than its form are called simple
contracts. The essential requisites for simple contracts are
the mutual assent of the parties and consideration

•Valid contract
- A contract that complies with all the essentials of a
contract and is binding and enforceable on all parties .
5. As to legal status
•Void contract
- void contract imposes no legal rights or obligations upon
the parties and is not enforceable by a court. It is, in effect, no
contract at all.
•Voidable contract
- A voidable contract is a legally enforceable agreement, but it
may be treated as never having been binding on a party who was
suffering from some legal disability or who was a victim of fraud at
the time of its execution. The contract is not void unless or until the
party chooses to treat it as such by opposing its enforcement. A
voidable contract may be ratified either expressly or impliedly by the
party who has the right to avoid it.
• Unenforceable contract
6. As to completion status
•Executory contract
- one in which some future act or obligation remains to be
performed according to its terms.
•Executed contract
- is one in which nothing remains to be done by either party.
The phrase is, to a certain extent, a misnomer because the
completion of performances by the parties signifies that a contract no
longer exists.
Essential Characteristics of Contracts

1. Relativity of Contracts
2. Obligatory force of Contracts
3. Autonomy of Contracts
4. Mutuality of Contract

Competency
1. Infants
2. Persons of Unsound Mind
3. Drunken Person
4. Persons under Legal Guardianship
5.Corporations
6. Convicts
7. Enemy Aliens
8. Federal and State Government
9. Foreign Countries and their Sovereigns-
10.Professional Persons

Mutual Agreement
1. Offer and Acceptance Identical
2. Time of Acceptance
3. Method of Acceptance
4. Revocation
5. Fraud
6. Misrepresentation
7. Duress
8. Undue Influence
There must be a Lawful and Sufficient Valuable
Considerable
1. Definition. A good consideration is one based on love,
affection or blood relationship and is founded on generosity
or natural duty.
2. What constitutes a Valuable Consideration. To constitute
a valuable consideration a person must give up, or promise
to give up some legal rights as a promise not to sue or
promise to extend the time of payment of a note, in
exchange for some other things of value.
3. Gift. A mere promise of a thing of value is simply a
promise of a gift as it is not something of value given in
return.
4. Sufficient of Consideration. When a contract is founded
on a valuable consideration, the courts will not inquire into
the sufficiency of the consideration
Legal Requirements as to Form
Negotiable instruments consist primarily of
promissory notes, bills of exchange, bank draft, and bank
checks. These in general must be in writing and must
include the signature of the maker or drawer and
unconditional promise to pay a fixed some of money.
Penalties and Liquidated Damages
In case of breach of contract, the party aggrieved
may collect from the other party a certain specified amount
as liquidated damages or simply damages. The court will
effect to the intention of the parties provide the amount
stated is liquidated damages and not penalty.
Discharge of Contracts
1. Discharge of Performance
2. Impossibility of Performance
3. Substantial Performance
4. Discharge by Operation of Law
5. Discharged of Operation of Law
6. Discharged by Branch of Contract
7. Discharged by Statute of Limitations

Remedies for a Breach for Contract


The usual method pursued then is for the injured
party, upon the payment agreed upon, to give a formal
release of the contract and all liabilities and right arising
because of the breach of the contract to the other party so
paying money.
CONSRUCTION BY DIRECT EMPLOYMENT AND BY CONTRACT
A. Business Arrangement
B. Factor which Affect the Cost of Construction Work
1. The engineer- much depends upon the honesty, integrity,
judgment, and ability of the engineer.
2. Local Conditions
3. Plans and Sufficient
4. Contingencies
5. Casualties
6. Transportation
7. Equipment
8. Material
9. Supervision
10. Labor
11. Combinations
12. Graft
13. Politics
C. Creation of employment
An employment contract may be an oral agreement
between an employee and an employer, or a highly complex and
detailed written agreement arrived at after much discussion
between a union and the management of a company.
D. Contract at a Fixed Price
If the contractors a man of character, experience and
reputation and if his proposal has been based on definite and
clear plans and specifications, his agreed price will contain a
sufficient profit to assure the execution of the work in a
satisfactory manner.
E. Waste in Competitive Bidding
Accurate cost estimates are necessary before a bid can be
intelligently prepared, and the preparation of this cost estimates
requires a great amount of detailed work the cost which is not
negligible.
F. Contracts for cost Plus Percentages
To obviate the difficulties of the fixed price contract is to pay
the contractor the actual cost of the constructions work with a
specified percentage thereof as compensation of his overhead
expenses, personal services, and profits.
G. Contract for Cost plus a Fixed Sum
By this form of contract, the contractor cannot profit by any
increase in cost, but on the other hand, will secure the greatest
returns to himself by the least expenditure of time and money of the
owner.
H. Contracts for Cost plus a Variable Premium
The constructor undertakes to complete the work for a fixed
sum and in a definite time.
I. Renegotiations of Contracts
Contracts may be negotiated without bidding, and work under
a proposed contract may be started under a intent before the contract
negotiations have been completed
COMPETITIVE BIDDING AND CONTRACTING
PROCEDURES
A. Public and Private Works:
The term “public works” means works constructed
for governmental agencies- local, state, or Federal- such as
sewers, pavements, bridges, canal, river improvements,
public buildings, and other works constructed at public
expense and under public control.
On the other hand, the term “private works” means
work constructed by private parties, partnerships or
corporations, such as building, hydraulic plants, railroads,
and other works constructed by private capital and under
private control.
SOME CONDITIONS AND REQUIREMENTS OF PRIVATE
WORK THAT ARE RADICALLY DIFFERENT FROM PUBLIC
WORKS:

1. Alternate Bids
2. Modifications of requirements
3. Adjustments; and
4. Betterment

B. Negotiating Construction Contracts


The negotiations which are necessary prior to the awarding of
a construction contract will vary in type and formality with the nature
of the work to be done.
The purpose of soliciting more than a single bid for either
public or private work is to secure for the public or the owner the
advantages of competition and the right to select a proposal which is
advantageous
COMPONENTS OF A CONSTRUCTION CONTRACT:
2 DIVISIONS
•The agreement proper
•The general conditions

The first category includes the following clauses:


•The prologue or the opening clauses
•The contracting parties
•The subject-matter
•The term of the contract
•The contract price
•The attention clause
The second division (general conditions) embraces the following:
•Scope of contract
•Terms of the contract
•Plans and Specifications
•Workmanship
•Materials
•Conduct of work
•Contractual changes
•Payments
•Extra-work
•Contractor’s risk and obligations
•Contract security
•Contractor’s liability for injuries
•Disputes and arbitration
•Definition of terms
•Right of way
•Inspections of work
•Engineer’s authority
Purposes of Specifications
•To give the contractor a clear and complete knowledge of the work
he is going to perform, the materials he is going to furnish and to
enable the contractor to make an accurate estimate in advance so
that he could hand –in an intelligent bid.
•To augment and amplify the plans and the contract by enumerating
and describing in a particular detail every item with the scope of its
performance.
•In competitive bidding, to furnish a single definite and establish
basis of competition; and
•To serve as guidelines for engineers, architects, draftsman, foremen
engaged in prosecuting, supervising or inspecting the work.
SEPARATE DOCUMENTS INCORPORATED BY REFERENCE
1. Advertisement for bails-
2. Instructions to bidders
a. Work description
b. Place and Time of Recovering Bids
c. Proposals
d. Plans and Specifications
e. Construction Contract
f. Surety Bonds
g. Bidder’s Responsibility
h. Requirements of Signing Bid
3. Proposals- taking the “instruction to bidders” as guidelines, a
prospective bidder may now make a proposal in the form of a “formal
offer” to perform the work at the price he quotes:

a. The names of all the persons or parties making the proposal


b. The proposal which is made without collusion; and
c. The bidder who has carefully examined all plans and examinations
and has submitted his proposal in accordance with.

4. Standard Specifications
1. General Provisions
2. Technical Section- is concerned with the provisions:
a. Testing and selection of the needed materials
b. The prosecution of the construction itself
c. Requirements necessary for the completion of the work
5. Plans- these takes the form of drawings, reproduction of
drawings, details of construction, sketches, and other
submitted by the contractor.

6. Contract Proper- an official document of agreement


signed by the contracting parties.

7. Performance Bond (completion bond)- it is given to


insure public authority that the contract once awarded will
be completed and awarded within a fixed period of time.
BINDING CONDITIONS AND REQUIREMENTS
1. Advertisement
2. Notice to Contractors
3. Prequalification of Bidders
4. Competency of Bidders
5. Interpretation of Qualities Stated
6. Examinations plans, specifications, special provisions and site of
the work
7. Pre-bid Information
8. Proposal
9. Preparation of Proposal or Bid
10. Proposal Bond or Bidguaranty
11. Disqualification of Bidder
a. Interest by the same person in more than one proposal for
the same work.
b. Conclusion among or between bidders,
c. Unbalanced bids- that is proposal in which the prices bid in
one items are out of proportion to those bid for others.
d. Failure to quality previously as a responsible bidder in
accordance with those specification

12. Rejections of Bids and Proposals


13. Withdrawal of Bid
14. Consideration of bids
15. Public opening of proposals

C. Dishonesty in Competitive Letting


The competitive letting of construction contracts is also open
to dishonest practices.

D. Restricted Lettings

E. Securing Low Bids


1. The owner should assume the responsibility for the local
conditions and for borings or other explorations of the site.

2. The contract should not provide both the exact details of


constructions and guarantee of the results.

3. The contractor, when bound to a time limit, should be given


to the utmost freedom as to the other and manner of doing the
work.

4. In so far is as is economically feasible, the plans and


specifications should give full details as to required work,
including all dimensions, quantities, classes of material, and
everything else that is reasonably required in preparing a cost
estimate.
5. When it is not economically feasible to eliminate all
uncertainties by complete preliminary investigations in detailed
plans and specifications, bids, should include unit prices for
which additional work will be performed and on which
deductions for work not performed may be based.

6. Every conditions to which the parties will be bound by the


contract should be submitted to the bidders as a part of the
contract documents and specifications on which they are
requested to bid.

7. The contract documents should, in so far as is possible, be


made to show the exact rights and duties of both parties.

8. Bids should be submitted with the provisions that they must


be acted upon within a reasonable time.
9. Certificates for partial payments should be prepared and
delivered to the contractor between the first and the tenth of
each month, showing the proportionate parts of the contract
price, which have been earned during the preceding month.

10. Monthly estimates should include materials delivered in


suitable stored at the site as well as material incorporated in the
work.

11. The percentage which is retained by the owner from the


certified amounts when making payments should not exceed ten
percent.

12. Some contract provisions should be included to protect the


owner in case of undue delay by the contractor.
13. The contractor should be protected from damages due to the
lace on the part of the owner or his agents

14. The contractor should have the right, at his option, to stop
the work and terminate the contract, after reasonable notice, for
any of the following causes:
a. Should the work be stopped for an extended period of
time by a court order if the cause is no fault of the contractor or
any of his employees.
b. If certificates of for partial payments are not issued in
accordance with the terms of the contract.
c. If partial payments are not made with reasonable
promptness when due under the terms of the contract.
d. If the owner refuses to permit the contractor to
start the work within a reasonable time after the signing of
contract or if the owner causes the work to be stopped for
an excessive period of time after it has been started.
15. The contractor should not be liable for losses cost by an act of God
or a public enemy unless required by the contract to produce insurance
against these contingencies.

16. The time allowed for the completion of the work should be based
on “whether-working” days, and extra time should be allowed for
repairing damages caused by natural events beyond the control of the
contractor.

17. Bulky and complicated assemblies should, where practicable, be


inspected during fabrication to minimized loss in event that they must
be rejected.

18. The price or method of establishing the price to be paid for extra
work or the deduction to be made for the work not required should be
set forth in complete detail in the contract.
19. It is impossible to foresee every contingency, and some procedure
must be set up whereby difficulties due to an expected physical
condition may be met and unforeseen contract ambiguities resolved
without the necessity for writing a complete new contract.

20. Disputes should, if possible, be settled as the work progresses;


and to accomplish this, all disputes should be promptly reduced to
writing and all appeals from the engineer’s decisions should be
promptly taken.

21. The contract may stipulate that the engineer is the arbiter in
questions of interpretation of plans and specifications and execution
of the work.

22. Where there is a contrary provision for arbitration, the procedure


should be outlined in some detail.
F. Additional Suggestions for Public Works
1. Engineers should not be permitted to bid on work for which they
have prepared plans and specifications.
2. No bids should be requested until funds to pay to pay for the work
have been provided.
3. Bids should be opened and read in public.

4. No bids should be accepted after the time specified in the


advertisements for bids.
5. No contractor should be permitted to withdraw a bid after the bid
opening has started.
6. Illegibility or ambiguity should invalidate any bid.
7. Bid prices must remain unchanged after the bid opening
unless there is some specific law permitting such damages, in
which case price should be change only if the amount or type of
work required is changed.

8. Bids should state specifically the make of any item or


equipment to be furnished, and the successful bidders should be
required to furnish this make when performing the work.

9. When all bids are rejected, new bids should not be requested
on the same plans and specifications without readvertisement.

10. Either a bid bond or certificate check should be required with


each bid.
11. Checks or bid bonds should be return to unsuccessful
bidders as soon as possible, and in no case should this to be
delayed to any extent after the contract has been awarded.

12. The awarding of the contract should be completed as soon as


possible after the opening of the bids, thirty days being
commonly accepted maximum period.

13. Extra work should be done only when authorized in strict


accordance with legal and contract requirements, and then only
for writing and for stated and agreed-upon price.

14. The engineer or his representative should have access to the


work at all times for purposes of inspection and should be given
notice before any concealed work, which requires inspection is
covered.
15. Should emergency work be required, the contractor should
notify the engineer as promptly as possible, and the engineer
should, if possible, furnish an inspector for the work.

16. If completed work is ordered torn out for purposes of


inspection, the cost of restoring the work should be assumed by
the contractor if the work is defective or paid by the owner if the
work is acceptable.

17. Notice of the work rejected by the engineer should be in


writing.

18. Completed work should be accepted or rejected by the


engineer within a reasonable time.
G. Rights of the Contractor
H. The Arbitrary of Disputes
ARBITRATION:
•Demand for Arbitration
 Any decision of the Engineer which is subjected to arbitration
shall be submitted to arbitration upon the demand of either party to
the dispute.
•Arbitrators
 No one shall be nominated or act as an arbitrator who is in any
way financially interested in this contract or in business affairs of the
owners, or the Contractor, or the Engineer, or otherwise connected
with any of them.
• Arbitration Procedures
 The arbitrators shall deliver a written notice to each of the parties
and to the Engineer, either personally or by registered mail to the last
known address of each, of the time and place for the beginning of
the hearing of the matters submitted to them.
ADVERTISING AND LETTING CONTRACT

A. Purpose of Advertisement
The purpose of the advertisement is to bring the
proposed letting to the notice of manufacturers, contractors,
or other who may be interested in such work in order that
suitable competition may be secured.

B. Nature of Advertisement
The advertisement should clearly state what is to be
done. It should explain where, when, by whom, and for
what, proposals are to be received.
C. Formalities
 Various formalities in regard to the letting of contract for
public works have been made mandatory by legislation in order
to assure, to as great an extent possible, the eliminations of
fraud in such letting.
D. Time Allowed
 Ample time should be allowed, from the time of advertising
to the tome at which proposals are to be received, for the
bidders to make the necessary investigation on which to base an
intelligent proposal. The time necessary will depend on the
accessibility of the work and on its character and extent.
E. Instruction to Bidders
 Instructions to bidders are prepare to supplement the
advertisement, and should contain the directions for the
preparations of proposals and prescribed such formalities as
may be required in their presentation.
F. Form of Proposal
• When the work being undertaken is simple and the bid is a
lump some for the entire work, a special proposal form is not
essential, although even then it adds greatly to the facility
which bids may be examined and compared.
G. Receiving and Opening Bids
• In public lettings, bids should be received up to a given hour,
and any bid switch any offered after that hour should be rigidly
included. Bids should be sealed and should have the name and
address of the bidder of the envelope in order that they may be
returned an open if such necessary should rise.
H. Letting the Work
• I letting the work, various considerations may influence those
who have the matter in charge. The lowest and the best bid
should always be selected. Otherwise, personal prejudice is an
important factor in judgment which the engineers endeavor to
eliminate from his own decisions.
CONTRACT DOCUMENTS

A. Necessity for Written Agreement

B. Written Contract Forms

C. Contracts and Specifications in One Document

D. Contracts Incorporating Specifications by Reference

E. Complete Contract Documents

F. Advertisement

1. The name of individual or organization requesting bids.


2. The location of the proposal work.
3. When and where bids will be received
4. When and where bids will be opened
5. The exact manner in which bids should be addressed
6. A general description of the work
7. Where plans and specifications may be inspected
8. Where copies of the plans and specifications may be
obtained and the amount of the deposite required.
9. A statement that the owner reserves the right to reject any
or all bids.
10. The requirements as to signed contract and bond
accompanying bid
11. Any special or unusual requirements.
12. The name of the individual or organization and the
officer of the organization who is having the advertisement
published.
G. The “instruction to Bidders”
The instruction to bidder section is included in the contract
documents to amplify anything in the advertisement which have
been abbreviated because of the cost and space limitation of
advertising and to give any other details which interested parties
must or should know to prepare bids properly.
H. The Proposal
Proposal may be required a one –lump-sum bid for the whole
project, as lump-sum-bids for each and several division of the work,
or as unit price for the estimated quantities of certain types of work.
I. The “Agreement”
The agreement may be relatively short, requiring only one or
two page, in which case must of the other material which would have
otherwise been included in this section, the agreement is sometimes
referred to as the “contract” but this turn actually is better applied to
the whole group of contract documents which are made a past of the
contract by specific reference.
K. The “Performance Bond”
A performance bond is required so that the owner have
additional protection if the contractor should abandon the
contract or for any reasons become unable to finish the work in
accordance with plans and specifications.

GENERAL CONDITIONS OF THE CONTRACT

General Conditions- must define, at least in outline form, the


relations of all these parties with one another and will general
public as represented by the various laws, codes and regulations.
Eight (8) sections of General Conditions with the Outline of
the “General Conditions”

1. Intent of the contract document

I. INTENT OF THE CONTRACT DOCUMENTS- in


writing specifications it its neither nor desirable that
every detail be show and listed, nor it is possible to list
every facility which a contractor might need to complete
the work.

2. Definition
II. DEFINITIONS- it is have rather inexact meaning when
used in ordinary conversation and it is desired to give
them precise meanings for the purpose of the contract.
3. Requirements and Financial Protection
III. CONTRACT SECURITY- it is usually furnished in a
form of bond.
IV. INSURANCE- the responsibility for obtaining and
paying for insurance is divided between the owner and the
contractor.
V. UNEMPLOYMENT COMPENSATION AND
SOCIAL SECURITY- the contractor neglect to comply with
unemployment compensation and social security loss,
there would be a liability which might become the
responsibility of the owner.
VI. PATENTS, ROYALTIES, and PERMITS- a
considerable amount of permit and patents right for a project.
VII. DAMAGE AND LIENS- it is hope that no damage
will occur on a project and that no liens will be filled,
experience indicates that one or both these situations occur
with enough frequency to make it desirable.
4. Reports and Payments

VIII. CONSTRACTION REPORTS- are required because


the owner must know if the project is progressing
according to schedule and if the value of the work is done
corresponds with the amount of partial payments
requested.
IX. PARTIAL PAYMENT PROCEDURE- the contractor
is assured of prompt payment and the owner is assured
that the payments do not exceed the exact value of the work
performed.
X. FINAL-PAYMENT PROCEDURES- should any of the
work be incomplete or nonconforming with the
specifications. Recovery under the bonds and guarantee
could be enforced only by court action, and the best hold
which the owner has on the contract or is an unpaid balance.
5. Modifications of Contractual Relations
XI. PAYMENTS FOR ADDDITIONAL WORKING- it
is exceedingly undesirable to make change in work
which has been let under contract; but in many cases such
change becomes necessary because conditions arise which
have not, and in many cases could not have been readily
determined in advance in the beginning of the work.
XII. LABOR AND MATERIAL CLAIMS- the owner
may require that an contractor present definite that all
labor and material claims have been satisfied before the final
payment is made.
XIII. INTEGRATION OF OBLIGATIONS INTO ONE
PAYMENT- if it is anticipated that there might arise
any claim for additional payments an article is include
integrating all obligations of the owner for such claims
into the final payment.
XIV. CONTRACTUAL CHANGES- the owner may
desire to have other work performed either by his own
organization as on a contract basis with a different
contractor. The contractor may design to assign the contract
or let some of the work to a third party on a subcontract
basis.
XV. WORK UNDER PROTEST- it is necessary for the
engineer to order the contract to perform some item of
work which is required for the completion of the work but which
is not specifically referred to in the specification.
XVI. ARBITRATION- any disputes which can be settled
by contribution with be settled less cost by that means than
if a resort is made to the counts, no arbitrations is legally
valid.
6. Business Details

XVII.BUSINESS DETAILS- there are many concurring


that business aspects of a project which can cause
difficulties if not known by all parties. Most of the general
conditions articles related to business retails are self-
explanatory and will be reproduced without comments.
XVIII. REAL STATE and RIGTH OF WAYS- the owner
will in general provide that real state and right of way
required for the execution of the work, but this may by
some restriction on the property.
7. Conduct of Work

XIX. INSPECTION OF THE WORK- all works must be


inspected for compliance with the contract
requirements. Procedure for inspection and testing and the
authority of the parties responsible for these function must be
specified in some detail.
XX. INSPECTOR- in most large public works where
numerous are necessary or desirable men are often employed
for such positions who had little or no profession knowledge
or practical experience of the type of the work in
questions.
XXI. SUPERINTENDENCE- the owner therefore
reserved the right to insist that the contractor, either
personally or through approve representatives retain control of
the work.
XXII. ENGINEER’S AND ARCHITECT’S STATUS-
the engineer or architect are both agents of the owner, and
their authority extend only to the extent of such agency.
XXIII. TEMPORARY OFFICE, JOB ACCOUNTING-
certain records must be keep on the job, and an office for
provided processing and keeping them records must be
provided.
XXIV. CONTROL OF METHODS, ORDER OF DOING
WORK- the owner has a right t expect that project will
be completed in accordance with plans and
specifications within a reasonable time that the work will be of
satisfactory quality and that proper safety and sanitation
measure should be taken.
XXV. ACCIDENT PREVENTION- this place of
construction is deservedly receiving more attention now
than it did in former times and the attention on the past of
the contractor to this phase of work should be required.
XXVI. PROTECTION OF WORK and PROPERTY,
EMERGENCY WORK- there are times during the
construction of the some type of project when certain work
must be done immediately in order to assure the safety of
life and property.
XXVII. MISCELLANEOUS ARTICLES RELATED TO
THE CONDUCT OF THE WORK- a number of articles which
related to conduct of the work or self-explanatory and are
included with cost discussion.
8. Completion and Acceptance

XXVIII. COMPLETION AND ACCEPTANCE OF THE


WORK- the owner has a right to expect, and will expect,
to receive the work completed, tested and ready for use,
with the site and work in a clean and neat conditions.
SPECIFICATIONS

PREPARATION OF SPECIFICATIONS

Meaning of specifications:

Specifications is an integral part of a building plan. It


is a requirement in securing building plan. It is a
requirement in securing building permit. It is a precise,
explicit statement or enumeration of particular as to size,
shape, quality, color, manner and procedures making things
right. It is presented in a short, simple, concise, and direct
language easily understood.
A. Purpose:
Specifications are intended to simplify and clarify; not to
make the construction process longer or more difficult. For this
reason, extreme care must be taken to ensure that the
information on the last approved set architectural working
drawing agrees with the size, number and material descriptions
found in the specifications.

B. Contains:
Specifications contain information to be used for bidding
requests, contract forms, ordering of materials and budgeting of
the project. Any information that cannot be included in the
working drawings such as legal responsibilities, method of
purchasing, insurance and bond requirements may also be
included in the specifications.
C. Specifications can be written several different ways:

•By describing each item


•By manufacturer’s catalogue number
•By describing the minimum acceptable properties of each item
•By describing the required end result regardless of the product
used or construction method employed.

D. Uses

Specifications are used by the contractors to make


accurate construction estimates and ensured that all contractors
are bidding from the same data. Specifications help ensure that
the building will be constructed according to the standards that
the building laws require. Specifications are frequently used by
banks and federal agencies in appraising the market value of a
building.
E. The Types of Information Contained in the Specifications

•The scope of the work


•Product description
•Methods of execution

F. Master Specifications Assembly

•Specifications prepared as a standard for a particular type of


building or structure
•Plans and Specifications. One or more drawings or documents
indicating and describing the amount, arrangement, kind and
quality of material to be used for the building of a building or
structure.
•Preliminary Specifications. Specifications that briefly list the
materials and finishes to be used should accompany preliminary
drawing serves as a basis for a preliminary cost estimate.
G. In Preparations of Specifications, We must consider the
following:
•Importance
•Use of English
•Clearness
•Brevity
•Indefinite specifications
•Intermediate specifications
•Ambiguous specifications
•Arbitrary specifications
•Unfair specifications
•Unnecessary severity
•Requirements specification phase
H. Among the many objectives if the requirements
specifications, phase of systems engineering are the following:

•To define the problem to be solved or range of problems to be


solved, or issue to be resolved or ameliorated including the
constraints, alterable and stake holder groups associated with
operational deployment of the system or the systematic
process.
•To determine objectives for operational system or the
operational aids planning, design and decision supports.
•To obtain commitment for prototype design of a system or
systematic process and from group and management.
•To search the literature and seek other expert opinions
concerning the approach that is most appropriate for the
particular situation extant.
•To determine the estimated frequency and extent for the need
for the system or systematic process.
•To determine the possible need to modify the system or the
systematic process to meet changed requirements.
•To determine the degree and type of accuracy or benefits due to
use of system or systematic process.
•To estimate expected effectiveness improvement or benefit due
to the use of the system or systematic process.
•To estimate the expected costs of using the system or
systematic process, including design and development costs,
operational costs, and maintenance costs.
•To determine typical planning horizons and periods to which
the system or systematic process must be responsive.
•To determine the extent of tolerable operational environment
alteration due to the use of the system or systematic process.
•To determine what particular planning, design, or decision
process appears best.
•To determine the most appropriate roles for the system or
systematic process within the context of the planning design, or
decision situation and operational environment under
consideration.
•To estimate potential leadership requirement for use of the final
system itself.
•To estimate used group training requirements.
•To estimate the qualifications required of the design team.
•To determine preliminary operations and evaluation plan and
criteria.
•To determine political acceptability and institutional constraints
affecting use of an aided support process, and those of the
system itself.
TECHNICAL SPECIFICATION

Meaning of Technical Specification


 Technical specifications are detailed, exact statement of
particulars, dimensions, quality of work for something to be
built, installed or manufactured. It covers almost any phase
of industrial activity hence it must be comprehensive and
well prepared.

Nature of technical specifications used to convey:

1. Machinery
2. Supplies of materials to be furnished
3. Work to be done in a contract
Technical specifications are tools where engineers show:

•How clear and exactly he/she can describe the essential and
practicable of the qualities of the work and materials
needed.
•How fair and just she will be in treating contracting.
•How well he/she can protect the owner.

Preparation essential that an engineer should posses in


technical specification:

1. The qualities and characteristics of the various materials


to be used and the practicable limits which the qualities
unnecessary for the work in question should be restricted.
2. The usual and practicable methods of performance the work
to be done in such manner that it will be completed without
unnecessary expense and be satisfactory for the purpose which
it is to fulfill.

3. The methods ordinarily employed by the mechanics or


operatives in the manufacture of the product o machine and in
the construction and operation or maintenance of the plant or
structure.
The specifications are intended to fix these details beyond
question and to confine the character of the materials,
workmanship, and the design with necessary limits. The
preparation of such specifications requires an extensive
technical knowledge of:

1. Materials

2. Processes

3. Design

4. Construction

5. Cost
Responsibility of the Agricultural Engineer:

1.The more general the specifications, the greater


responsibility of the engineer.
2. As details defines by the specifications, moral and legal
responsibility is decreased.
3. Standard tests are undertaken to guarantee and lessen the
responsibility of the engineer.
Engineering Drawing and Specifications

It is a technical drawing, that defines fully and clearly the


requirements for the engineered item. It is usually created in
accordance with standardized conventions for layout,
nomenclature, interpretation, appearance (such as typefaces and
line styles); size, etc. In the olden times, it is often referred to as
“blueprints” or “ bluelines” (printing process that yielded
graphics on blue-colored paper or alternatively of blue-lines on
white paper but have been superseded by more modern
reproduction process that yield black or multicolor lines on
white paper. The process of producing engineering drawings,
and the skill of producing them, is often referred to as technical
drawing.
Common Information Recorded on an Engineering Drawing

•Title
- the title of the drawing.
•Name
- the name of the person who produced the drawing.
•Checked by
- in many engineering firms, drawings are checked by
second person before they are sent to manufacture, so
that any potential problems can be identified.
•Version
- many drawings will get amended over the period of the
life.
•Date
-the date of the drawing was created or amended on.
•Scale
- scale of the drawing to provide a quick guide to the final
•Projection system
-used to create the drawing should be identified to help
people read the drawing.
•Company Name
- many CAD drawings may be distributed outside the
company so the company name usually added to identify the
source.

Writing Specifications
Fairness
To achieve fairness, one should avoid the following:
1. Indefinite Specifications
2. Intermediate Specifications
3. Ambiguous / unnecessary Specifications
4. Arbitrary Specifications
5. Unfair Specifications
Clearness
To achieve Clearness/Clarity the engineer should:

1.Use effective and correct English.


2.Avoid use of brevity or wordiness.
3.Avoid the use of ellipis ( short forms of words/ abbreviations/
acronyms ) which is not familiar with the end user.
4.Avoid the use of totality language or words: all, always, never,
every, and none which may create logical error.
5.Avoid the use of slash marks “/”. Properly called “virgule”,
slash mark is used between two words to show that the
appropriate one may be chosen to complete the sentence
or the text.
6.Proper usage of verb tenses and auxiliary verb.
7.Avoid the use of modifiers that apply to two or more nouns.
8.Write specifications in the third person form.
Some consequences of unclear and unfair specifications:

1.May hamper intelligent bidding


2.May add materially to the cost
3.May involve a confession which is an embarrassment to the
engineer.

The technical specification over the major type of work:

•Architectural
•Civil
•Structural
•Mechanical
•Electrical
In preparing technical specifications, the specified relies heavily
on background information developed from years of experience.
This information is recorded in:

1. Specification written for previous projects


2. Check list
3. Guide specifications
4. Inter-office correspondence
5. Letters replaying to contracting inquiries; and
6. Research notes
QUALIFICATIONS OF AN ENGINEER TO
HANDLE TECHNICAL SPECIFICATIONS:

A. BREATH OF KNOWLEDGE NECESSARY

The engineer must know, either by experience or by


investigation, the nature of material, the process best
adapted to the particular case at hand, and the limitation
and restriction that it is desirable and commercially
possible or practicable to specify for guidance and
furnishing the material and doing the work construction.
B. DETAILED INFORMATIONS NEEDED

The engineer should posses a comprehensive and


detailed knowledge of:
1. The qualities and characteristics of various materials to be
used and the practicable limits to which the qualities
necessary for the work in question should be restricted.
2. The usual and practicable method of performing the
work to be done in such manner that it will be
completed without necessary expense and be
satisfactory for the purpose which it is to fulfil.
3. The methods of ordinary employed by the mechanics or
operative in the manufacture of the product or machine
and in the construction and operation or maintenance of
the plant or structure.
BESIDES KNOWLEDGE, THE ENGINEER MUST POSSES:

•The ability to designate in detail the composition or elements


of the material or processes or the methods to be used
for their proper production and utilization or the ability
to design in detail the structure, machine or plant
contemplated.
•The experience which will foresees the necessary materials
and methods to be employed, difficulties to be overcome, and
contingencies to be meet in the work.

C. OUTLINE
The outlines should be sufficient complete to cover all
ordinary conditions and requirements, and in their use, they
should be carefully scrutinized to see that they include every
item necessary for each particular case
D. THE USED OF PUBLISHED SPECIFICATIONS
A well and properly written specification will seldom
apply in detail to other than the work for which it is prepared:
and in their use, and the use of such specifications of entirely
different work, under radically different conditions, and without
careful initial study and consideration of their application in
detail, can lead only to unsatisfactory results and is inexcusable.

E. DETAILED SPECIFICATIONS
Some cases where detailed plans and specifications are
supplied:
•It may desirable to ask the manufacturers or expert
contractors
•Its special experience
•To submit bids not only on the engineer’s plans and
specifications but also on special plans and specifications.
•Embodying their own ideas and practices
G. MODIFICATIONS OF REQUIREMENTS
In the preparation of specifications especially for public
work, it is important that provisions should be made for making
such modifications in the methods and materials to be used as
will probably required. Any modification by the engine in the
strict requirements of the specifications may subject him to
severe, although possibly unwarranted criticism.

H. THE USE OF STANDARD MATERIALS AND METHODS


In ordinary practice, it is desirable to specify only the
type of machines, materials, supplies, or methods which are to
be found on the market and in general uses to secure the best
result and after an investigation has shown plainly that the
additional expense involve is commensurate with the better
results to be obtained.
I. INFLUENCE OF SPECIFICATIONS ON MATERIAL AND
METHODS
The engineer must use the materials, products and
method which are usual and available and have endorsement
of common usage, it is also true that all such commercial
products are slowly but surely modified and shared by the
demands of the best practice.

J. RESPONSIBILITY
It is frequently better to purchase a standard article from
a manufacturer of known reputation, from whom the engineer
knows he can secure a machine which will give certain well-
known results, than to purchase a similar article under unusual
guarantee from unknown parties and then have to forego the
testing of the article because of the expense involve.
K. STANDARD SPECIFICATION
The standard specification and its equipment are usually
widely known to manufacturers and contractors, and the cost
of the materials, as subject to such specification, is readily
determined. Standard forms and technical specifications from
the American Institutes of Architects, Construction Specification
Institute, and Associate General Contractors.

The following formats have been developed by the CSI:


CSI FORMAT FOR BUILDING SPECIFICATIONS
Division 1. General Equipments
Includes most requirements that apply to the job as a
whole or to several of the technical sections, and specially
those requirements normally referred to as special
conditions.
General conditions and supplementary general conditions are
not included within the division of the specifications.

Division 2. Site Work


Include most subjects dealing with site preparation
and development. Exception: Site utilities in Division 15
and 16.

Division 3. Concrete
Includes most materials traditionally associated with
concreter work. Exceptions: Paving, piles, waterproofing,
terrazzo.

Division 4. Masonry
Includes most materials traditionally installed by
masons. Exceptions: paving, interior flooring.
Division 5. Metals: Structural and Miscellaneous
Included most structural metals and those metals not
falling under the specific provisions of other divisions.
Exceptions: reinforcing steel, curtain walls, roofing, piles,
concrete formwork, doors and windows.

Division 6. Carpentry
Includes most work traditionally performed by
carpenters. Exceptions: wood fences, concrete formwork, doors
windows and finish hardware.

Division 7. Moisture Protection


Included most items normally associated with preventing
passage of water or water vapour. Exceptions: paint, waterstops
and joints installed in concreter or masonry, and gaskets and
sealants for curtain walls.
Division 8. Doors, Windows, and Glasses
Includes metal and wood doors, windows and frames,
metal and glass, curtain walls, transparent and transficient
glazing. Exceptions: glass block and glass mosaics.

Division 9. Finishes
Includes interior finishes not traditionally the work of the
carpenter try trade.

Division 10. Specialities


Interior finish hardware and most other factory-
assembled, pre-finished items
.
Division 11. Equipment
Includes most items of specialized equipment.
Division 12. Furnishing
Includes most items placed within the furnished building.

Division 13. Special Construction


Includes on-site construction that consist of items that
normally fall under several other divisions but require the control
that can be attained only by including all parts in a single section.

Division 14. Conveying Systems


Includes those system that utilize power to transport
people or materials.

Division 15. Mechanical


Includes most items that have been traditionally
associated with the mechanical trades.
Division 16. Electrical
Includes most items that have been traditionally
associated with electrical trades.

The CSI format lists typical subjects for inclusion in each


division. For example:
Division 9. Finishes
Section 9A. Acoustic treatments
Section 9B. Ceramics and quarry tile, all types.
Section 9C. Flooring, resilient.
Section 9D. Interior stone veneers
Section 9E. Paint
Section 9F. Wall coverings

Note that the sections comprising a division are each a basic


unit of work. The CSI format is based on the principle of placing
sections together in related groups.
L. COST ENGINEERING

The basic goal for which to strive is the minimum


total of construction cost plus engineering cost
AGRICULTURAL ENGINEERING LAW AND
REGULATION
RESOLUTION NO. 1. RULES AND REGULATIONS IMPLEMENTING
R.A. NO. 8559

REPUBLIC ACT NO. 3927


REPUBLIC ACT NO. 3927 - AN ACT TO REGULATE THE
PRACTICE OF AGRICULTURAL ENGINEERING IN THE
PHILIPPINES

Section 1. Title of Act. — This Act shall be known as the


"Philippine Agricultural Engineering Law."
Section 2. Definitions of terms. — (a) Agricultural Engineering as a
profession consists in the application of the fundamental and known
principles of mechanical, civil and electrical engineering to the
peculiar conditions and requirements of agriculture as an industry
and as a field of science. The practice of agricultural engineering shall
embrace the following activities: (1) farm power and machinery, (2)
farm buildings and structures, (3) farm electrification and farm
processing, (4) soil and water conservation which includes farm
irrigation and drainage, land clearing, flood control, soil erosion
control and related problems, and (5) education and research.
(b) Agricultural Engineer is a graduate of agricultural engineering
course from a school, institution, college or university duly
recognized by the government.

(c) Registered professional agricultural engineer shall mean a


person duly registered with the Board of Examiners for Agricultural
Engineers in the manner herein provided.
Sec. 3. Creation and Composition of the Board. — Within thirty
days after the approval of this Act, there shall be created a Board of
Examiners for Agricultural Engineers, herein referred to as the Board,
to be composed of a Chairman and two members, who shall be
appointed by the President of the Philippines with the consent of the
Commission on Appointments. The members of the Board shall hold
office for a term of three years and until their successors shall been
appointed and shall have qualified. Each member of the Board shall
qualify by taking the proper oath of office before entering upon the
performance of his duties. Any member of the Board may be
removed by the President of the Philippines for neglect of duty,
incompetence, malpractice, unprofessional, unethical, immoral or
dishonorable conduct, after having been given opportunity to defend
himself in a proper administrative investigation: Provided, That the
President of the Philippines may suspend such member under
investigation and appoint a temporary member in his place.
Temporary vacancies in the Board shall filled for the unexpired term
only.
Section 4. Functions and duties of the Board. — The Board
of Examiners for Agricultural Engineers is vested with authority,
conformable with the provisions of this Act, to administer oaths;
issue, suspend and revoke certificates of registration for the
practice of agricultural engineering; issue certificates of
recognition to agricultural engineers, already registered under
this Act, for advanced studies, research, and/or specialized
training in any division of agricultural engineering, subject to the
approval of the President of the Philippines; prescribe the
curriculum for the academic course leading to degrees in
agricultural engineering, subject to the policies of the Board of
National Education, and to investigate such violations of this Act
and the regulations issued thereunder as may come to the
knowledge of the Board and, for this purpose issue subpoena and
subpoena duces tecum to secure the appearance of witnesses and
production of documents in any investigation conducted by the
Board.
All subpoena and other communications shall be issued under
the signature of the Chairman and seal of the Board. If any
person shall refuse to obey any subpoena so issued or shall
refuse to testify or produce any document or other pertinent
evidence, the Board shall present its petition to the Court of First
Instance setting forth the facts and thereupon the Court shall, in
a proper case, issue its subpoena to such person requiring his
appearance before such Court and there to testify or produce
such documents or other pertinent evidence as may be deemed
necessary by the Board. Any person failing or refusing to obey
the subpoena or order of the court may be prosecuted in the
same manner as for refusal to obey any other subpoena or order
of the Court.
Section 5. Rules and regulations. — The Board shall, with the
advise of the Commissioner of Civil Service and subject to the
approval of the President of the Philippines, adopt such rules
and regulations as may be necessary to carry out the provisions
of this Act. Penal provisions may be included in said rules and
regulations, the violations of which shall be punishable by a fine
of not more than five hundred pesos, or imprisonment for not
more than six months, or both.

Section 6. Qualifications of Board Examiners. — Each


member of the Board shall, at the time of his appointment —
(a) Be a citizen of the Philippines and a resident thereof;
(b) Be at least thirty years of age and of good moral character;
(c) Be a graduate of agricultural engineering or agriculture
with a major in agricultural engineering from a recognized and
legally constituted school, institute, college or university;

(d) Be a registered agricultural engineer duly authorized to practice


agricultural engineering in the Philippines: Provided, That this
qualification shall not be required of the first appointees to the
Board;

(e) Have practiced agricultural engineering for a period of not less


than five years prior to his appointment; and

(f) Not a member of the faculty of any school, institute, college or


university where agricultural engineering course is taught, nor have a
pecuniary interest in such institutions.
No former members of the faculty of any school, institute, college or
university where agricultural engineering course is taught can
become a member of the Board unless he stopped teaching for at
Section. 7. Compensation of Board Members. — The members of
the Board shall each receive as compensation the sum of twenty-five
pesos for each person examined, or registered as agricultural
engineer without examination. Any person in the service of the
Government of the Philippines appointed as member of the Board
shall receive the compensation herein provided in addition to his
regular salary.

Section 8. Executive Officer of the Board. — The Commissioner of


Civil Service shall be the Executive Officer of the Board and shall
conduct the examinations given by it according to the rules and
regulations promulgated in accordance with Section ten of Act
Numbered Four thousand seven, as amended. All records of the
Board, including examination papers, minutes of deliberations and
records of administrative proceedings and investigations, shall be
kept by the Bureau of Civil Service.
Section 9. Annual report. — The Board shall submit an annual
report to the President of the Philippines after the close of each
fiscal year, giving a detailed account of its proceedings during
the year and making such recommendations as it may deem
proper.

Section 10. Exemption from registration. — Registration for


practice as agricultural engineers shall not be required of the
following:

(a) Agricultural engineers from other countries called in


consultation only and exclusively in specific cases, and those
who are attached to international bodies and organizations and
assigned to perform certain definite work in the Philippines,
provided that do not engage in private practice on their own
account as agricultural engineers in the Philippines;
(b) Agricultural engineers attached to the Armed Forces of the
United States stationed in the Philippines while rendering
services as such only for the said armed forces and within the
limits of their territorial jurisdiction; and

(c) Foreign agricultural engineers employed as exchange


professors or instructors in recognized local schools, institutes,
colleges or universities where a regular course in agricultural
engineering is taught.

Section 11. Examination required. — Except as otherwise


expressly provided, all applicants for registration for the
practice of agricultural engineering shall be required to pass a
technical examination as provided for in this Act.
Section 12. Qualification of applicant for examination. — A
person applying for admission to the agricultural engineering
examination as herein provided shall, prior to the date of the
examinations, establish to the satisfaction of the Board that he
is:

(a) at least twenty-one years of age;

(b) a citizen of the Philippines;

(c) of good moral character and reputation; and

(d) a graduate of an agricultural engineering course from a


school, institute, college or university duly recognized by the
Government.
Section 13. Holding of examinations. — Examinations for the
practice of agricultural engineering in the Philippines shall be
given in the City of Manila beginning on the second Monday of
February and of August of each year for four consecutive days:
Provided, That when such days fall on official holidays, the
examination shall be held on the day next following.

Section 14. Scope of examination. — The examination for the


practice of agricultural engineering in the Philippines shall
embrace the following subjects with their corresponding
weights by percentages:

(a) Farm mechanization, farm power, farm machinery and


equipment 20%

(b) Soil and water conservation, farm irrigation and drainage


20%
(c) Rural electrification, farm processing and farm structures 20%

(d) Mathematics (algebra, plane trigonometry, analytics and


calculus) 10%

(e) Agronomy and animal husbandry 10%

(f) Farm economics and farm management 10%

(g) Agricultural marketing and farm statistics 10%

Section 15. Report of ratings. — The Board shall, within one


hundred twenty days after the completion of the examination,
report the ratings obtained by each candidate to the Commissioner
of Civil Service, who shall, with his recommendations, submit such
ratings to the President of the Philippines for his approval.
Section 16. Registration without examination. — Certificates of
registration as agricultural engineers may be issued without
examination to applicants of good reputation and moral character
who shall file their application within one year from the approval of
this Act and who are:

(a) at least thirty years of age on the date of approval of this Act,
are holders of the degree of Bachelor of Science in Agricultural
Engineering conferred by a school, institute, college or university
duly recognized by the Government, and had practised agricultural
engineering for a period of not less than six years prior to such date;

(b) at least thirty-five years of age on the date of approval of this


Act, are holders of the degree of Bachelor of Science in Agriculture
with major in agricultural engineering from a school, institute,
college or university duly recognized by the Government and had
practised agricultural engineering for a period of not less than six
years prior to such date;
c) at least thirty five years of age on the date of the approval of this
Act, are holders of the degree of Bachelor of Science in Agricultural
Engineering or Bachelor of Science in Agriculture with major in
agricultural engineering from a school, institute, college or university
duly recognized by the Government, and had passed government
examination in agricultural engineering or mechanized farming for
specialized and advanced studies abroad within the fields of
agricultural engineering before the approval of this Act; and

(d) at least thirty years of age on the date of the approval of this
Act and are holders of a certificate of membership of a duly
recognized agricultural engineering society in foreign country like the
American Society of Agricultural Engineers and the Institution of
Agricultural Engineers of the United States of America and the United
Kingdom, respectively: Provided, That such certificate was granted
upon compliance with the requirements similar to those prescribed
in this Act and that the same privilege is granted to citizens of the
Philippines desiring to practice agricultural engineering in said
Section 17. Issuance of certificate. — The Board shall, upon
payment of the corresponding fee, issue a certificate of
registration to any applicant who passed the examination
provided for in this Act, or who, in the opinion of the Board,
possesses the qualifications prescribed in the preceding section.
Every certificate of registration shall show the full name of the
registrant or holder, shall have serial number, shall be signed by
the chairman of the Board and attested by its Secretary, and shall
be authenticated by its official seal.

Section 18. Oath taking. — All persons issued certificate of


registration under this Act shall be required to take an oath
before the Board or before any person authorized to administer
oaths prior to engaging in the practice of agricultural
engineering.
Section 19. Seal and use of seal. — All agricultural engineers shall
obtain seal of such design as the Board shall authorize and direct:
Provided: That the serial number of the certificate issued by the
Board shall be included in the design of the seal. Plans and
specifications prepared by, or under the first supervision of, a
registered agricultural engineer shall be stamped with said seal during
the effectivity of the registrant's certificate, and it shall be unlawful
for anyone to stamp or seal any document after the certificate of the
registrant's name thereon has expired, or has been revoked, unless
said certificate shall have been renewed or re-issued.

Section 20. Refusal to issue certificate. — The Board shall refuse


to issue certificate of registration to any person convicted by a court
of competent jurisdiction of any offense involving moral turpitude, or
to any person guilty of immoral or dishonorable conduct, or to any
person of unsound mind, giving the applicant a written statement
shall be incorporated in the records of the Board.
Section 21. Grounds for reprimand, suspension or revocation
of registration certificate. — Any of the following shall be
sufficient ground for reprimanding a registrant under this Act or
for suspending or revoking his certificate of registration:
(a) Conviction by a court of competent jurisdiction of any
criminal offense involving moral turpitude;

(b) Immoral or dishonorable conduct;

(c) Insanity;

(d) Fraud or deceit in the acquisition of certificate of


registration;

(e) Gross negligence, ignorance or incompetence in the


practice of his profession;
(f) Addition to alcoholic beverages or to any habit-forming drug
rendering him incompetent to practice his profession;

(g) False or extravagant or unethical advertisement wherein


matters or circumstances other than his name, profession,
limitation of practice, office hours, office and home address, are
mentioned;

(h) Issuing any statement or spreading any news which is


derogatory to the character and reputation of another registrant
under this Act without justifiable cause;

(i) Aiding or acting as a dummy of unqualified or unregistered


person to practice agricultural engineering; and

(j) Violation of any provision of this Act or of the rules and


regulations issued thereunder.
Section 22. Rights of respondent. — The respondent shall be
entitled to be represented by counsel or be heard by himself, to have
speedy and public hearing, and to confront and to cross examine
witnesses against him.

Section 23. Appeal from judgment. — The decision of the Board


shall automatically become final thirty days after the date of its
promulgation unless the respondent, during the same period, appeals
to the Office of the President. If the final decision is not satisfactory,
the respondent may ask for a review of the case, or may file in court
a petition for certiorari.

Section 24. Reinstatement, reissue or replacement of lost


certificate. — The Board shall have the power, for reasons deemed
proper and sufficient, to reinstate any suspended certificate of
registration of issue another certificate in lieu of one previously
revoked, and in so doing, it may, in its discretion, exempt the
applicant from taking another examination.
A new certificate to replace any certificate lost, destroyed or
mutilated may be issued subject to the rules of the Board.

Section 25. Fees. — Every applicant for examination


under this Act shall pay an examination fee of seventy-five
pesos, and upon passing the examination, a registration fee
of twenty-five pesos. Those who shall be registered without
prior examination shall pay a fee of seventy-five pesos. For
the issuance of a new certificate in lieu of one which has
been lost, destroyed or mutilated, a fee of five pesos shall be
charged. All such fees shall be paid to the disbursing officer
of the Bureau of Civil Service, and such officer shall pay
from the receipts thereof all the authorized expense of the
Board, including the compensation of its members:
Provided, That one-half of the examination fee shall be
refunded to the applicant if his application is disapproved.
Section 26. Foreign reciprocity. — Notwithstanding the requirement of
Section twelve hereof, that the applicant for examination for the practice of
agricultural engineering must be a Filipino citizen, any foreigner who meets
other requirements of this Act may be admitted to such examination if he
proves to the satisfaction of the Board, that by specific provision of law, the
country of which he is a citizen, either admits Filipino citizens to the
practice of agricultural engineering without restriction or allows them to
practice agricultural engineering after passing an examination on terms of
strict and absolute equality with citizens, subjects, or nationals of said
country, including the unconditional recognition of prerequisite degrees
granted by institutions of learning duly recognized by the Government of
the Philippines.

Section 27. Roster of agricultural engineers. — A roster of agricultural


engineers shall be prepared by the Secretary of the Board commencing one
year after the approval of this Act. Said roster shall contain the name and
address of each registered agricultural engineer, the date of registration and
such other data as in the opinion of the Board may appear pertinent.
Section 28. Penal provisions. — The following shall be punished by a fine
of not less than five hundred pesos nor more than three thousand pesos, or
imprisonment for not less than one month nor more than two years, or
both.

(a) Any person who, not exempt from registration under this Act, shall
engage in the practice of agricultural engineering or represent himself as an
agricultural engineer without holding a valid certificate of registration
issued to him in accordance with this Act.
(b) Any person shall present or use as his own the certificate of
registration issued to another person under this Act.
(c) Any person who shall give any false or forged evidence to any member
thereof for the purpose of obtaining a certificate of registration under this
Act.
(d) Any person who shall use a revoked or suspended certificate of
registration.
(e) Any person, who without a valid certificate of registration issued under
this Act, shall assume, use or advertise in connection with his name any title
or description tending to convey the impression that he is an agricultural
engineer registered under this Act.
Section 29. Separability clause. — If any provision of this Act
or the application of such provision to any person or
circumstances is declared invalid, the reminder of the Act or the
application of such provisions to other persons or
circumstances shall not be affected by such declaration.

Section 30. Repealing clause. — All laws or parts thereof


inconsistent with the provisions of this Act are hereby repealed.

Section 31. Effectivity. — This Act shall take effect upon its
approval.

Approved: June 18, 1964


R.A. NO. 8559, AN ACT REGULATING THE PRACTICE OF
AGRICULTURAL ENGINEERING IN THE PHILIPPINES

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:
ARTICLE I
TITLE AND STATEMENT OF POLICY
SECTION 1. Title. – This Act shall be known as the "Philippine
Agricultural Engineering Act of 1998."
SEC. 2. Statement of Policy. – It is hereby declared a policy
of the State to promote and upgrade the practice of agricultural
engineering profession in the Philippines by instituting measures
that will result in relevant agricultural engineering education
and better career prospects for professional agricultural
engineers. Likewise, the State hereby guarantees the delivery of
basic and technical services to accelerate agricultural
modernization through adequate and well trained professional
agricultural engineers throughout the country.
ARTICLE II
DEFINITION OF TERMS
SEC. 3. Definition of Terms. – As used in this Act, the following
terms shall mean:

(a). Practice of agricultural engineering - shall refer to the


profession requiring the application of the fundamental and
known principles of engineering to the peculiar condition and
requirements of agriculture as an industry and as a field of
science, and shall include, but not limited to, the following:

1. Consultation, valuation, investigation and management


services on agricultural engineering;
2. Management or supervision and the preparation of
engineering designs, plans, specifications, project studies and
estimates for agricultural, aquaculture and fishery, and forest
product machinery, agricultural buildings and structures, farm
electrification and energy systems, agricultural processing
equipment, irrigation and soils conservation systems and
facilities, agricultural waste utilization systems and facilities;

3. Conducting research and development, training and


extension work, and consultancy services on agricultural
engineering facilities/services, system and technologies;

4. Testing, evaluation and inspection of agricultural, fishery and


forest product machinery and other related agricultural
engineering facilities and equipment.
5. Management, manufacturing and/or marketing of
agricultural machinery and other related agricultural
engineering facilities and equipment;

6. Teaching, agricultural engineering subjects in. In situation


of learning in the Philippines;

7. Employment with the government provided such item or


position requires the knowledge and expertise of an
agricultural engineer

(b) Agricultural engineer - An agricultural engineer is a natural


person who has been issued a certificate of registration by the
Board of Agricultural Engineering and has taken the oath
of profession of agricultural engineers.
ARTICLE III
BOARD OF AGRICULTURAL ENGINEERING

SEC. 4. Creation and Composition of the Board. – There is hereby


created a Board of Agricultural Engineering, hereinafter called the
Board, to be composed of a chairman and two (2) members to be
appointed by the President of the Philippines from a list of three (3)
recommendees for each position, chosen and ranked in the order of
preference and submitted by the duly accredited association of
agricultural engineers in the Philippines.

The Board shall be organized not later than six (6) monthsfrom
the effectivity of this Act.
SEC. 5. Qualifications of Members of the Board. – A member of the
Board shall, at the time of their appointment, possess the following
qualifications:

a) Must be a natural-born citizen and resident of the Philippines;

b) Must be at least thirty-five (35) years of age;

c) Must be a holder of Bachelor's Degree in Agricultural Engineering


or its equivalent, conferred by a school, academy, college or
university in the Philippines or abroad that is accredited by the
Commission on Higher Education (CHED);

d) A registered agricultural engineer with a valid professional license


and an active practitioner for not less than ten (10) years prior to
his appointment;
e) not, for a period of three (3) consecutive years prior to the
appointment, be a member of the faculty of, directly or indirectly,
in any school, academy, institute, college or university where a
regular course in agricultural engineering is being taught, nor
have any pecuniary interest in or administrative supervision over
any such institutions of learning;

f) Must not, for a period of three (3) consecutive years prior to the
appointment, be connected with a review center or any group or
association where review classes or lectures in preparation for
the licensure examination are offered or conducted at the time of
appointment; and

g) Has never been convicted of any offense involving moral


turpitude.
SEC. 6. Term of Office. – The members of the Board shall hold office
for a term of three (3) years and until their successors shall have
been appointed and qualified. Of the members first appointed under
this Act, one (1) member shall be appointed and hold office for three
(3) years; one (1) member for two (2) years; and one (1) member for
one (1) year. The chairman or a member of the Board may be
reappointed for another term but in no case shall he shall serve
continuously for more than six (6) years. Each member of the Board
shall qualify by taking the proper oath of office prior to entering
upon the performance of duty.

SEC. 7. Compensation and Allowances of the Board. – The


chairman and members of the Board shall receive compensation and
allowances comparable to the compensation and allowances being
received by the chairmen and members of existing regulatory boards
with the Professional Regulation Commission, hereinafter referred to
as the Commission as provided for in the General Appropriations Act.
SEC. 8. Vacancy and Removal of Board Members. – Any vacancy
occurring in the Board within the term of a member shall be filled for
the unexpired portion of the term only.
The President may remove any member of the Board on the
following grounds:

a) Neglect of duty;

b) Violation or tolerance of the violation of this Act or the Code of


Ethics for agricultural engineering;

c) Final judgment of crimes involving moral turpitude.The member


concerned shall be given due notice and hearing where his right
to be heard and to defend himself, assisted 5 by counsel, shall be
respected in the proper administrative investigation.
SEC. 9. Powers and Duties of the Board. – The Board shall exercise
the following specific powers, functions and duties:

a) To promulgate and adopt the rules and regulations necessary for


carrying out the provisions of this Act;

b) To supervise the registration, licensure and practice of


professional agricultural engineers in the Philippines;

c) To administer oaths of successful examinees entering the practice


of agricultural engineering;

d) To issue the certificate of registration to successful examinees;

e) To issue, suspend or revoke the license for the practice of


agricultural engineering profession;
f) To adopt an official seal of the Board;

g) To look into the conditions affecting the practice of the agricultural


engineering profession and whenever necessary, adopt such measures
as may be deemed proper for the enhancement and maintenance of
high professional and ethical standards of the profession;

h) To prescribe and/or adopt a Code of Ethical and Professional


Standards for the practice of agricultural engineering profession.

i) To hear and try administrative cases involving violations of this Act,


its implementing rules and regulations, the Code of Ethics for
Professional Agricultural Engineers and for this purpose, to issue
subpoena and subpoena duces tecum to secure the appearance of
witnesses and the production of documents in connection
therewith;
k) To insure, in coordination with the Commission on Higher
Education (CHED), that all educational institutions offering agriculture
engineering education comply with the policies, standards and
requirements of the course prescribed by CHED in the areas of
curriculum, faculty, library and facilities;

l) To discharge such other duties and functions as may be deemed


necessary for the enhancement of the agricultural engineering
profession and the upgrading, development and growth of
agricultural engineering education in the Philippines;

m)To prepare, adopt, issue or amend the syllabi of the subjects for
examinations;

n) To approve, issue, limit or revoke temporary license to practice


agricultural engineering.
SEC. 10. Supervision of the Board, Custodian of its Records,
Secretariat and Support Services. – The Board shall be under the
administrative supervision of the Commission. All records of the
Board, including applications for examination, examination papers
and results, minutes of deliberation, administrative cases and other
investigations involving agricultural engineers shall be kept by the
Commission. The Commission shall designate the Secretary of the
Board and shall provide the secretariat and other support services to
implement the provisions of this Act.

SEC. 11. Annual Report. – The Board shall, at the close of each
calendar year, submit an annual report to the President through the
Professional Regulation Commission giving a detailed account of its
proceedings and accomplishments during the year and making
recommendations for the adoption of measures that will upgrade
and improve the conditions affecting the practice of agricultural
engineering in the Philippines.
ARTICLE IV
EXAMINATION, REGISTRATION AND LICENSE

SEC. 12. Examination Required. – All applicants for registration for


the practice of agricultural engineering shall be required to undergo
and pass a written technical examination as provided for in this Act.

SEC. 13. Qualification of an Applicant for Examinations. – Every


applicant for the examination for agricultural engineers shall establish
the following:

a) Be a citizen of the Philippines;


b) Be a graduate of Bachelor of Science in Agricultural Engineering or
its equivalent in a school, academy, institute, college or university
duly recognized by the CHED.
SEC. 14. Fraudulent Application. – The Board may suspend or
revoke any certificate of registration obtained through
misrepresentation made in the application for examination.

SEC. 15. Scope of Examination. – The examination for agricultural


engineering shall basically cover the following subjects:

1) Agricultural mechanization, power, machinery and equipment;


2) Soil and water conservation, irrigation and drainage; and
3) Rural electrification, agricultural processing an agricultural
structures.
SEC. 16. Rating in the Board Examinations. – To be qualified as
having passed the Board examination for agricultural engineers, a
candidate must obtain a weighted general average of seventy percent
(70%), with no grades lower than fifty-five percent (55%) in any given
subject. However, an examinee who obtains a weighted general
average rating of seventy percent (70%) or higher but obtains a rating
below fifty-five percent (55%) in any given subject must take the
examination in the subject or subjects where he obtained a grade
below fifty-five percent (55%).

SEC. 17. Report of Ratings. – The Board shall submit to the


Commission the ratings obtained by each candidate within
twenty (20) days after the examination, unless extended for just
cause. Upon the release of the results of the examination, the
Board shall send by mail the rating received by each examinee
at his given address using the mailing envelope submitted
SEC. 18. Reexamination. – An applicant who fails to pass the
examination for the third time shall be allowed to take another
examination only after the lapse of one (1) year.

SEC. 19. Oath. – All successful candidates in the examination shall


be required to take their oath before the Board or any government
official authorized to administer oaths, prior to entering upon the
practice of the agricultural engineering profession.

SEC. 20. Certificate of Registration and Professional License. – A


certificate of registration shall be issued to applicants who pass the
examination for agricultural engineers subject to payment of
registration fees.
SEC. 21. Seal and Use of Seal.
a) Each registrant shall, upon registration, obtain the seal of such design
as the Board of Agricultural Engineering may adopt. Plans and
specifications prepared by, or under the direct supervision of a
registered agricultural engineer, shall be stamped with said seal during
the validity of the professional license. No person shall stamp or seal
any document with the seal of a registrant after his professional license
has expired or lost its validity unless he has been reinstated to the
practice and/or unless his license has been renewed.
b) No officer or employee of the government, chartered cities, provinces
and municipalities now or hereafter charged with the enforcement of
laws, ordinances or regulations relating to the construction or
alteration of agricultural structures, machineries and equipment,
processes and systems shall accept or endorse any plans or
specifications which have not been prepared and submitted in full
accord with the provisions of this Act, nor shall any payment be
approved by any such officer for any work, the plans and specifications
of which have not been so prepared, signed and sealed by a duly
registered agricultural engineer.
c) No agricultural engineer shall sign his name, affix his seal or use
any other method of signature of plans, specifications or other
documents made by or under another agricultural engineer's
supervision unless the same is made in such manner as to clearly
indicate the part of such work actually performed by him, and no
person, except the agricultural engineer in charge shall sign for any
branch of the work or any function of agricultural engineering
practice not actually performed by him. The agricultural engineer in
charge shall be fully responsible for all plans, specifications and other
documents issued under his seal or authorized signature.

The Board shall formulate, adopt and promulgate all necessary rules
and regulations for the effective implementation of the provisions
relating to the design of the seal, the signing and sealing of drawings,
reports and other documents by agricultural engineers.
d) Drawings and specifications duly signed, stamped or sealed as
instruments of service are the property and documents of the
agricultural engineer, whether the projects for which they were made
is executed or not. No person, without the written consent of the
agricultural engineer or author of said documents, shall duplicate or
make copies of said documents for use in the repetition of and for
other projects or buildings, whether executed partly or in whole.

e) All drawings, specifications and other documents to be used for


the design, construction, test and evaluation of agricultural
structures, machineries, equipment, processes and systems shall be
signed and sealed by a licensed agricultural engineer.

Violation of any of the foregoing shall be ground for administrative


and/or criminal action.
SEC. 22. Indication of License and Professional Tax Receipt. – The
agricultural engineer shall be required to indicate his Professional License
Number, the duration of validity, including the professional tax receipt
number on the documents he signs, uses or issues in connection with the
practice of his profession.

SEC. 23. Grounds for Suspension and Revocation of License, Cancellation


of Temporary/Special Permit. – The Board shall have the power, upon due
notice and hearing, to revoke or suspend the license of an agricultural
engineer, or to cancel a temporary/special permit for any cause specified in
the preceding sections, including, but not limited to, the use or
perpetuation of any fraud or deceit in obtaining a certificate of registration,
or for incompetence, negligence or for abetting the illegal practice of
agricultural engineering; violation of the provisions of this Act,
its implementing rules and regulations and/or violations of the policies of
the Board including the Code of Ethics and Professional Standard for
agricultural engineers: Provided, however, That such action of the Board
shall be subject to appeal to the Commission within fifteen (15) days from
written notice.
ARTICLE V
PRACTICE OF AGRICULTURAL ENGINEERING

SEC. 24. Vested Rights: Automatic Registration of Practicing


Agricultural Engineers. – All practicing agricultural engineers who
are registered at the time this Act takes effect,
Shall automatically be registered.

SEC. 25. Practice not Allowed for Firms and Corporations. – The
practice of agricultural engineering is a professional service,
admission to which shall be determined upon the basis of an I
individuals personal qualifications.
SEC. 26. Integration of Agricultural Engineers. – The
agricultural engineering profession shall be integrated into one
(1) national organization which shall be recognized by the Board
and by the Commission as the one and only integrated and
accredited association of agricultural engineers. An agricultural
engineer duly registered with the Board shall automatically
become a member of the integrated and accredited association
of agricultural engineers, and shall receive the benefits and
privileges appurtenant thereto upon payment of the required
fees and dues. Membership in the integrated and accredited
association shall not be a bar to membership in other
associations of agricultural engineers.
SEC. 27. Foreign Reciprocity. – No foreign agriculturalengineer shall be
issued a temporary license to practice the agricultural engineering
profession or consultancy thereof or be entitled to any of the rights and
privileges under this Act unless the country of which he is a subject or
citizen specifically permits Filipino agricultural engineers to practice within
its territorial limits on the same basis as the subjects or citizens of such
foreign state or country.

SEC. 28. Funding. – Such sums as may be necessary to carry out the
provisions of this Act shall be included in the General Appropriations Act of
the year following its enactment into law.

SEC. 29. Implementing Rules and Regulations. – Subject to the


approval of the Commission, the Board shall adopt and promulgate such
rules and regulations, including the Code of Ethics and Professional
Standards for Agricultural Engineers, to carry out the provisions of this Act,
which shall be effective after thirty (30) days following its publication in the
Official Gazette or in a major daily newspaper of general circulation.
SEC. 30. Enforcement. – The Professional Regulation Commission shall
be the enforcement agency of the Board. As such, the Commission shall
implement the concerned provisions of this Act, enforce its implementing
rules and regulations as adopted by the Board, conduct investigations on
complaints including violations of the Code of Ethics and Professional
Standards of the profession and persecute when so warranted.

SEC. 31. Transitory Provision. – The existing Board of agricultural


engineering shall continue to function in the interim until such time the
new Board shall be constituted pursuant to this Act.

SEC. 32. Penalties. – In addition to the administrative sanctions


imposed under this Act, any person who violates any of the provisions of
this Act shall, upon conviction, be penalized by a fine not less than Fifty
thousand pesos (P50,000) nor more than Two hundred thousand pesos
(P200,000), or imprisonment of not less than six (6) months nor more than
three (3) years, or both fine and imprisonment at the discretion of the
court.
SEC. 33. Separability Clause. – If any clause, provision, paragraph or
part hereof shall be declared unconstitutional or invalid, such judgment
shall not affect, invalidate or impair any other part hereof, but such
judgment shall be merely confined to the clause, provision, paragraph
or part directly involved in the controversy in which such judgment has
been rendered.

SEC. 34. Repealing Clause. – All laws, decrees, executive orders and
other administrative issuances and parts thereof which are inconsistent
with the provisions of this Act are hereby modified or superseded.
Republic Act No. 3927 is hereby repealed.

SEC. 35. Effectivity. – This Act shall take effect fifteen (15) days
following its publication in the Official Gazette or in a major daily
newspaper of general circulation in the Philippines, whichever comes
first.

Approved, February 26, 1998.


RESOLUTION NO. 1. RULES AND REGULATIONS
IMPLEMENTING R.A. NO. 8559
THANK YOU!!!

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