March 2000 Newsletter

March 2000 Meeting Topic

See you at the Radisson Hotel

Quote of the Day: It is when we forget ourselves that we do things that are remembered - Eugene P. Bertin

See the Power Point Presentation provided by our February Speaker on integration of CADD and civil engineering: Link

 

The Law and Civil Engineering
by Eugene L. Bass, Esq.
Registered Civil Engineer and Attorney at Law

More Definition of The Practice of Civil Engineering

The law provides that all civil engineering plans, specifications, and reports shall be prepared by a registered civil engineer or by a subordinate under his or her direction, and shall be signed by him or her to indicate his or her responsibility for them. In addition to the signature, all final civil engineering plans, specifications, and reports shall bear the seal or stamp of the registrant, and the expiration date of the certificate or authority. The registered civil engineer shall use together with his or her signature or seal, the title "civil engineer" or, if he or she has the authority, the title "structural engineer" or, if he or she has the authority, the title "soil engineer." If the final civil engineering plans, specifications, or reports have multiple pages or sheets, the signature, seal or stamp, and expiration date of the certificate or authority need only appear on the originals of the plans and on the original title sheet of the specifications and reports.

A subordinate is defined as any person who assists a registered professional engineer in the practice of professional engineering without assuming responsible charge of work.

The signing of civil engineering plans, specifications, reports, or documents which relate to the design of fixed works shall not impose a legal duty or responsibility upon the person signing the plans, specifications, reports, or documents to supervise the construction of engineering structures or the construction of the fixed works which are the subject of the plans, specifications, reports, or documents. However, nothing in the law shall preclude a civil engineer and a client from entering into a contractual agreement which includes a mutually acceptable arrangement for the provision of construction supervision services.

One of the difficult issues that civil engineers have had to contend with is the scope of duty encompassed within the term "supervision" in the context of the construction of a project. The law has attempted to be of assistance in providing a definition of "supervision of the construction of engineering structures." It means the periodic observation of materials and completed work to determine general compliance with plans, specifications, and design and planning concepts. However, "supervision of the construction of engineering structures" does not include responsibility for the superintendence of construction processes, site conditions, operations, equipment, personnel, or the maintenance of a safe place to work or any safety in, on, or about the site. "Periodic observation" is also defined as meaning visits by an engineer, or his or her agent, to the site of a work of improvement.

A registered civil engineer who signs civil engineering plans, specifications, reports, or documents shall not be responsible for damage caused by subsequent changes to or uses of those plans, specifications, reports, or documents, where the subsequent changes or uses, including changes or uses made by state or local governmental agencies, are not authorized or approved by the registered engineer who originally signed the plans, specifications, reports, or documents, provided that the engineering service rendered by the civil engineer who signed the plans, specifications, reports, or documents was not also a proximate cause of the damage.

Finally, the law also provides a helpful definitions of the words "certify" and "certification" where it provides that the use of the word "certify" or "certification" by a registered professional engineer in the practice of professional engineering or land surveying constitutes an expression of professional opinion regarding those facts or findings which are the subject of the certification, and does not constitute a warranty or guarantee, either expressed or implied.

Eugene Bass is an attorney and licensed Civil Engineer. He can be reached at GENEBASS@prodigy.net
To see more articles by Eugene Bass log onto the Sacramento Section Website at http://www.asce-sacto.org/

What’s Up In Washington?
The Week Ending January 21, 2000 - ASCE's Government Relations staff.

House May Move Comprehensive Clean Water Bill
The staff of the House Transportation and Infrastructure Committee is drafting a comprehensive Clean Water infrastructure bill quickly, with legislation now being written and likely to be ready sometime in February, according to congressional officials. The comprehensive Clean Water Act bill most likely would deal with (1) renewal of the authorization of the State Revolving Loan Fund, which ASCE strongly supports; (2) regulation of combined sewer overflows; and (3) the regulation of non-point sources. The draft bill probably will not include any language on such topics as animal feeding operations, Total Maximum Daily Load regulations and others. These issues appear likely to be dealt with during oversight hearings in the new session of Congress that begins January 24, the officials said.

Taxes Remain Stumbling Block on Superfund Renewal
Despite a two-month winter recess to work out problems, the House remains unable to move forward with a reauthorization of Superfund due to longstanding differences over the funding of the cleanup program, say Capitol Hill officials. The officials said that the Chemical Manufacturers Association now backs renewal of the old feedstock tax (with a sunset provision) to keep the program moving. But other industry trade groups have "run for cover" on taxes, one official said.

The negotiations over the tax issue have been complicated because different people from the same organizations come to the table, depending upon whether the subject is taxes or cleanup standards, which makes it hard for members and staff to figure out whether a given organization is for or against reauthorization, according to the official.

ASCE supports an eight-year extension of the Superfund taxes that expired in 1995 in order to complete the cleanup work at the majority of sites remaining on the National Priorities List.

Younger Member News
A Spring Softball Tournament is being organized by the Younger Members. This will be a one day round-robin tournament that will have engineering company teams competing against one another. Start recruiting now! Date to be determined. Contact Lissa Whitehead for more information.  For more information please contact Lissa Whitehead at (214) 948-4612 or e-mail her at: lwhitehe@pbw.ci.dallas.tx.us .

Members & Firms News
Bridgefarmer & Associates, Inc. Consulting Engineers
would like to announce the appointment of John W. Blackledge, P.E. to the position of President. Mr. Blackledge joined Bridgefarmer & Associates as a civil engineer in 1977. He became a Senior Vice President with the firm in 1983. Since that time he has been an integral part of Bridgefarmer’s efforts to provide the quality transportation facilities planning and design services that are the cornerstone of Bridgefarmer’s reputation. After graduating from the University of Arizona with a Bachelor of Science in Civil Engineering, Mr. Blackledge worked for six years at the Arizona Department of Transportation. Currently he is serving as president of Bridgefarmer Panama, S.A., a wholly owned subsidiary providing design services for the Panama Canal Railway reconstruction project and the Panama Canal Commission in Panama. Mr. Blackledge has demonstrated his ability to provide increased value to clients and employees. He is ready to lead the Thundering Herd into the new century.

Bridgefarmer & Associates, Inc. Consulting Engineers is pleased to announce that Sterling C. Forsythe, P.E. has recently joined Bridgefarmer as a Vice President. Mr. Forsythe graduated from Vanderbilt University, School of Engineering in 1980 with a Bachelor of Engineering degree, and has spent more than 20 years as an active member of the Texas engineering community. Mr. Forsythe has served as design engineer, project manager and principal on transportation and public works infrastructure projects throughout Texas and the southwest. He brings skill in the management, planning and design of transportation projects from streets and thoroughfares to major urban freeways including SH 190/President George Bush Turnpike and US 75/North Central Expressway. Bridgefarmer believes that Mr. Forsythe’s leadership, experience, and continuity combined with the firm's highly qualified staff will result in continued effectiveness for their clients. Please join in welcoming him to the Thundering Herd.

Important Date:March 31, 2000 Members are placed in dues arrears for non payment of 2000 dues and publications are suspended. 

Upcoming Monthly Meetings

April 3rd

at Radisson Hotel

May 1st

at Radisson Hotel

June 12th

at Arlington Hilton Hotel

Branch Fax and E-mail Databank
Ivan Nicodemus, P.E., has accumulated a databank of fax numbers of the Dallas firms to send Branch Meeting announcements. One fax is sent to each firm. If you receive the fax, please post it on your bulletin board to inform everyone in your office. If your firm is not on the list, please fax Ivan (number is on the Branch Directory on the back page of the Newsletter).

The Branch is now in the process of developing a databank of e-mail addresses for quicker dissemination of important notices. One e-mail will be sent to each firm and its contact. The contact will then be asked to e-mail internally to the firm's engineers. If you would like your firm to be added to this databank, please e-mail Ivan at cmaq@onramp.net or Roger Behgam, P.E., Website Editor at:

                           Roger Behgam <dlsasce@flash.net

You may e-mail all Board and Committee Chairpersons from the Branch Website's Oficers' Page.

Newsletter Deadline
Due to delays in distribution of the Newsletters through the bulk mail process, the deadline for accepting news items and ads has been changed to the first day of the month for the preceding month (i.e.: January 1 for the February Newsletter). Please forward your Member news, Committee announcements and other Newsletter items to Rhonda Hurst, E.I.T., Newsletter Editor at Dowdey, Anderson and Associates, Inc. at (972) 931-0694 or e-mail her your articles to: 
rhurst@daa-civil.com

CONTINUING EDUCATION COURSES
March 9-10

Residential Land Development, San Antonio

March 16-17

Design-Build Contracting, Phoenix

March 23-24
Structural Condition Assessment, Orlando
March 29-31

Municipal Storm Water Management, New Orleans

March 27

Wetland and 404 Permitting, Denver

April 12-14 HEC-RAS Computer Workshop, Las Vegas
April 13-14

HEC-HMS Computer Workshop, Dallas

See ASCE Events http://www.asce.org/confconted/cal2.html.


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