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CE LAW REVIEWER FINALS - Similarly, the client may wish the Civil Engineer to undertake a

project characterized by an accelerated schedule, non-routine


CHARGING FOR CIVIL ENGINEERING SERVICES services, and/or high risk activities.
Charges for engineering services are usually computed using - Under these circumstances charges for engineering services
one of six (6) methods: may be based on “value pricing” which reflects a premium rate
1. Salary cost times multiplier plus direct nonsalary not tied directly to the Civil Engineer’s cost, but based on the
expense. (Reimbursable) Civil Engineer’s unique qualifications or the extenuating
2. Hourly billing rates plus reimbursables. circumstances.
3. Per diem Salary Cost Times Multiplier Plus Direct Non-salary
4. Cost Plus Fixed Fee (“CPFF”) Expense
5. Fixed Price
6. Percentage of construction cost (Percentage) - Compensation on the basis of the salary cost times an agreed
multiplier is a frequently used method of determining charges
* Combinations of methods of payment for different phases of for engineering services
the contract may be used.
- With this method, charges for engineering services
. The methods or combination of methods used depends upon are based mainly on direct salaries. This may help avoid future
the nature, scope, and complexity of services required by the surprises, misunderstandings, and disputes.
client
- The salary cost times multiplier method may be utilized as
- The fixed price and percentage of construction cost methods either a multiplier times salary cost (two multiplier version) or a
are based upon a specific deliverable and do require that the multiplier times direct cost (single multiplier version)
project scope be well defined.
- The direct salary times multiplier: or as it is frequently called
- The cost plus fixed fee method provides more flexibility to the direct labor times multiplier version is very similar to the
accommodate both scope ad fee changes than do either the salary cost times multiplier with the expectation that it applies a
fixed price or percentage or construction cost method. single multiplier times multiplier with the exception that it applies
- The potential risk and problems faced by both the client and a single multiplier to unburdened direct labor costs, i.e., direct
the Civil Engineer, when the scope of services is not well salaries without employee benefits.
defined, should be recognize and discussed during early The direct salary times the multiplier version of this method is
negotiations. being utilized more frequently due to the simplistic nature of
- Initial estimates of maximum engineering costs for projects of utilizing a single multiplier.
uncertain scope are requested by the client for budgeting - Of the two versions of this method, the salary cost
purposes. times multiplier is the more easily accountable due to the basic
*When a reimbursement method such as salary costtimes premise of providing two separate multipliers.
multiplier, hourly billing rate, per diem or cost plusfixed fee 1. Salary Cost is defined as “direct salaries plus
is chosen because of uncertainty of the scope of services: employee benefits” includes salaries for partners and
- It is logical to propose that an upper limit (Maximum amount) principals and for technical professional, administrative
for the services be included in the agreement. and clerical staff directly”. Chargeable to the project:
Sick leave, vacation, holiday and incentive pay;
- The inconsistency of such proposal is proportional to unemployment and other payroll taxes; and the
the uncertainty of the scope. However, these methods are used contributions for social security, worker’s
with the “not-to-exceed” amount. compensation insurance retirement, medical andother
group: benefits.
- In this case, it is important for the client and the
2. Multiplier which is applied to salary cost is a factor that
engineer to agree beforehand on a method for adjusting the “not
to-exceed” amount when adjustment is warranted. compensates the civil engineer for overhead plus a
reasonable margin for contingencies, interest or
- One reasonable approach to compensation for uncertain invested capital readiness to serve, and profit. The size
assignments is to require the Civil Engineer to inform the client of the multiplier will vary with the type of services.
when engineering costs are approaching 75 percent of a stated
budget figure to forecast the probable total cost * The average multiplier should be between 2.5 and 3.0 times
the average salary cost
3. Direct non-salary expenses usually incurred in engineering times multiplier section) are a separate item for reimbursement,
engagement may include the following: usually with a service charge.

a) Living and traveling expenses of the principals and Per Diem


employee’s when away from the home office on
business connected with the project.  The term per diem normally refers to an eight-hour day.
b) Identifiable communication expenses, such as long This basis is particularly suited to expert witness or
distance telephone, facsimile, telegraph, shipping other legaltype services and to other short-termed
charges and special postage charges (For other than engagement involving intermittent personal services.
general correspondence).  The per diem charge should be based on the
c) Expenses for services and equipment directly complexity, risk and important of the services and on
applicable to the project such as for specialized the Civil Engineer’s professional standing, expertise
technical equipment, special legal and accounting and breadth of experience.
services, special computer rental and programming  Per diem rates can vary widely, depending on
services, computer run time and file storage, CADD employee classification, regional location and periodof
charges, sub consultants and subcontractors services.
commercial printing and binding, and similar services Cost Plus Fixed Fee
that are not applicable for inclusion in general
overhead - Under a cost plus fixed fee agreement, the Civil Engineer is
d) Identifiable drafting supplies, stenographic supplies reimbursed for the actual costs of all services and supplies
and reproduction work (blueprinting, photocopying, related in the project, including: involving intermittent personal
and printing charged to the client’s project) as services
distinguished from such supplies and expenses
 Salary cost, as previous defined
applicable to several projects.
e) Expenses for unusual insurance and specialized  Overhead, as previously defined (The Civil Engineer
health and safety programs and for special clothing for should be prepared to support the basis for overhead
projects with extraordinary risks such as toxic and charges.)
hazardous waste conditions.  Direct non-salary expenses, as previously defined
 Fixed fee, an amount to compensate the Civil Engineer
4. The Civil Engineer overhead which comprises a major portion for contingencies, interest on invested capital,
of the compensation generated by the multiplier on salary cost, readiness to serve and profit.
includes in the following indirect costs:
- The cost plus fixed fee method can also be used when the Civil
f. Provision for loss of productive time of technical Engineer is required to start providing services can be
employees between assignments, and for time of determined. In such cases, the following considerations apply:
principals and employees on public service
assignments  The general scale and intent of the project should be
fairly well defined, even if the full scope in
g. Costs of acquiring and maintaining computers, indeterminate; for example, the number, size and
development of software and training staff when not character of buildings or other facilities, the type of
billed as a direct cost. utilities, and other such essential information shouldbe
5. Accounting Records available.
 The type of service to be performed by the Civil
- The Civil Engineer who performs services under a salary cost Engineer should be agreed upon and fully set forth.
times multiplier agreement or other cost-based agreementmust The agreement should also provide for appropriate
provide the accounting necessary to segregate and record the adjustments in the fixed fee in the event that the
appropriate expenditures. physical scope of the project, time of completion, or
level of effort and services required are materially
Hourly Billing Rate
changed over those contemplated during the
- The hourly billing rate method of compensation is very similar negotiation.
to the salary cost times multiplier method in that the hourly billing
rate includes all direct personnel expense, overhead and profit.
Direct non-salary expenses (as defined under the salary cost
Fixed Price employed in the government sector shall have a
minimum basic monthly salary corresponding to
- The Fixed price method of compensation is frequently used for appropriate entry positions provided by the Civil
investigations and studies and for the basic services on design Service Commission.
type projects where the scope and complexity of the assignment
 A Civil Engineer employed in the private sector who
are clearly and fully defined
signs and seals the Civil Engineering plans,
- The fixed price amount can be calculated as the sum total of specification and other related documents of a certain
estimated engineering costs for salaries, overhead and non- project for and in behalf of his employers shall be
salary expenses, an allowance for contingencies, interest on compensated with a minimum of 10% of the
invested capital, readiness to serve, and a reasonable amount professional fee for the project, over and above the
for profit. basic monthly salary.

Percentage of Construction Cost

 The percentage of construction cost method is seldom used TOTAL PROJECT COST
raw. Because of increasing complexity and large variation Probable Cost - Defined as: a forecast of construction cost; may
in tasks for projects, the percentage of construction cost fee be a preliminary estimate of construction cost or a detailed
curves no longer have a direct correlation to the required estimate of construction cost.
engineering fees for specific projects.
 This method may be used to determine the compensation
 PROFESSIONAL ENGINEERING COST
of the engineer for the services where the principal
 CONSTRUCTION COST
responsibility is the detailed design or the construction
 LEGAL AND LAND COST
supervision of facilities to be constructed.
 OWNER'S COST (including project
 Construction Cost is defined as the estimated total cost of
administration, staffing, financing and other
constructing the facility to be covered by the proposed
overhead)
detailed design or construction supervision services,
 CONTIGENCY ALLOWANCE FOR UNKNOWNS
excluding the fees and legal and administrative expenses

The percentage fee shall consider the type, complexity, location Professional Engineering Cost
and magnitude of construction cost of the project and shall not
exceed the following percentages of estimated construction - A Civil Engineer is often engaged to make a study and to
cost: render a planning report on the contemplated project.

 Including alternative solutions , layouts and


locations along with initial estimates of the
probable project cost.
 These may involve alternative or phased
Schedule of Minimum Basic Fees implementation schemes which add flexibility to
the project
- Rates of compensation for Civil Engineer engaged in various
capacities are given in Annex B. The PICE shall regularly update Study & Report Phase
the schedule of fees stipulated in the Annex. Certain principles
should however be observed as follows:  May include the cost for field or traffic surveys,
planing analyses,geotechnical explorations and
 When doing work on foreign assisted projects, or in
analyses, in addition, to the direct engineering
projects where international consultants participate,
costs.
the Civil Engineer performing similar or equivalent
 Is important because its implementation
work, should accept compensation and approximates
determines the scope and deelopment of the
the international standard rates. (see Section 6.1.1 of
entire project and its ultimate capital and lifecycle
the NEDA Guidelines)
cost.
 Civil Engineers regularly employed in private sector
 at time, preliminary investigations become
shall have a minimum compensation corresponding
extensive and lengthy that the study and report
10% more than the minimum wage prevailing in the
region as basic monthly salary. Civil Engineers
phase costs as much or more than the final design 1. Initial cost appraisal might simply be a breakdown of the
phase. overall project budget based on client input, comparable project
analysis and cost consultant experience.
Final design and construction phase
2. Elemental costs plans might simply be the total construction
 During the final design and construction phase, cost for the project divided into major components of the work in
percent.
additional surveying and geotechnical engineering
services may be needed.
3. The contract sum is the price paid to the contractor for the
 Special or additional engineering services not scope of work to be completed.
originally identified may be required by the client
or recommended by the Civil Engineer 4. Approximate quantities is a first attempt to measure quantities
based on drawings. It provides a clearer picture of the
Construction Cost distribution cost.

- Construction cost is the estimated total cost of 5. Pre- tender estimates (pte) is a final estimate of the likely cost
constructing the facility to be covered by the proposed of the work described in the tender documents and provides a
detailed design or construction supervision services, basis for evaluating and comparing offers upon return
excluding the fees and the other costs of such services,
the cost of land and right-way, and legal administrative Construction price and indices
expenses of the agency .
- T he complexity of construction projects, the differences in
- The estimated construction cost must be approved by the circumstances, duration and level of specification between one
client before the invitation to submit technical proposal is project and another, and the continually changing state of the
market due to fluctuations in supply and demand, inflation and
issued.
so on mean that it is impossible to give rule of thumb figures
(such as a cost per sq. M) for the likely cost of construction
- The study and report phase of the project usually works. However, a wide range of construction price and cost
includes a preliminary estimate of the construction indices are continuously updated and published to help estimate
cost for the contemplated project and for alternative the likely cost of construction works.
project configurations.
Capital Cost VS. Operational Cost
- Such cost estimates are approximate, since the final
design drawings and specifications have not yet been Capital cost are associated with one – off expenditure on the
prepared. In addition , the timing of the construction wo rk acquisitions, construction or enhancement of the built assets
must be considered. and might include:

 Land or property acquisition


 Commissions
 Statutory fees
 Consultant fees directly associated with the
development
 Materials, plant and equipment
 Labor
 Fixture and fittings
 Project insurance, inflation, taxation and
financing
 Internal costs directly associated with the
Cost Estimates developments
- This method used to estimate actual cost will vary with the
increase in the amount of detail available.
Operational cost incurred in day – to – day operations might Contingency Allowance
include:
 As the project moves forward from the study and report
 WAGES phase through the final design phase and finally to
 UTILITIES construction award, more becomes known about
 MAINTANCE AND REPAIRS project details and costs, until at the completion of the
 RENT SALES project, the final project cost becomes a known
 GENERAL AND ADMINISTRATIVE EXPENSES quantity.
 To provide for tangible costs, contingencies should
Whole Life Cost routinely be added to the basic cost estimate. it is
common practice to add 20% or more to the estimated
- Whole-life costs consider all costs associated with the life of a probable total project cost at the completion of the
building, from inception to construction, occupation and study end report phase, reducing this to perhaps 10%
operation and even ultimate disposal. This is considered a at the completion of the final design and perhaps to 5%
better way of assessing value for money than construction when the construction bids become known. Larger or
costs, which can result in lower short-term costs but higher more complex projects may require higher
ongoing costs through the life of the building. This can alsoapply contingencies
to things such as design fees, where saving money on fees at
the beginning of a poject can be outweighed by very much Construction Contingency
higher ongoing costs through construction and occupation.
- A construction contingency is an amount of money set aside
Cycling Cost to cover any unexpected costs that can arise throughout a
construction project. This money is on reserve and is not
- Life cycle costing (LCC) provides a methodology for the allocated to any specific area of work. Essentially, the
evaluation of combined capital, operating and end-of-life costs contingency acts as insurance against other, unforeseen costs.
of a range of the construction project alternatives, to ensure long
term value is delivered.
Hard Cost VS. Soft Cost
- Often referred to as brick-and-mortar costs, hard cost refer to
the cost of physical construction. While soft construction refer to
those costs that, unlike hard costs, are not instantly visible or
tangible, and are not directly related to labor or building
materials.
HARD COST MIGHT INCLUDE:

 . LABOUR, EQUIPMENT AND MATERIALS Creating a Construction Contingency Budget


REQUIRED TO COMPLETE THE BUILT - When encountering a construction contingency clause in your
STRUCTURE. contract, it is essential to keep an eye out for a few things. First,
 SITE COSTS, SUCH AS UTILITIES, DRAINAGE, it should detail both the owner’s contingency and the
AND SO ON. contractor’s contingency. They should list any and all
 LANDSCAPE COSTS predetermined costs that the contingency should beused
for.
SOFT COST MIGHT INCLUDE:
- The list could include anything from incomplete designs,
 FEES construction project delays, substitute subcontractors,
 LAND COSTS price increases, and any other number of unexpected
 OFFSITES COSTS costs. This is generally referred to as the contingency
 LOANS ACCOUNTING FEES AND INTEREST budget.
 INSURANCE AND TAXES - The contingency budget should also include a well-drafted
 PUBLIC RELATIONS AND ADVERTISING process of how to access contingency funds. It’s best to
COSTS
have a detailed procedure concerning notices, paperwork, and
approvals.

- The contingency budget should also prepare for unspent


portions of the contingency fund. Are the remaining funds
shared among the contractor or subs as an incentive? Or does
the money revert to the one funding the contingency?
Is Contingency the Same as Retainage?

- A construction contingency fund is not the same as


retainage, but the concepts are similar. Both retainageand
contingency provide what are essentially “emergency”
funds. When something on the project goes awry and costs
some extra money, paying to fix the issue may come from the
contingency fund, or it may come from the retainage being
withheld from the contractor or subcontractor who created the
issue. Plus, retainage and contingency both represent about 5-
10% of the construction price.

- However, retainage represents an amount of the contract price


that has been earned but remains withheld. It serves a purpose,
but at the end of the day, it’s payment owed that’s being
withheld. Construction contingency, on the other hand, is actual
inflation of the contract price to plan for the unexpected. That,
or it’s funding set aside by the owner for the unexpected issues.
Summary

- Estimate of probable total cost should be periodically raised by


the engineers as the design moves forward and more
information becomes known, the client is normally responsible
for providing estimated of those costs which may lie outside the
Civil Engineer's knowledge or expertise, such as those in the
legal, land, administrative and financial areas.

Good Luck sa Final Exams!

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