1: F N O O CE S I T TI R C E E C E S A IN PR NG E 4 C E C 2 L E B A W S I C L I V Quality by definition is one satisfactorily meeting both the expectations of the client or employer and the requirements of the project. • It requires professional dedication, effort, adequate time for investigation, planning and innovation, fair compensation, and appropriate authority and These efforts must be responsibility. conscious, continuous and consistent throughout all phrases of a project. 1 CE W LA S H T T : 2 PROFESSIONAL RESPONSIBILITY Studying Conceiving Designing Observing construction Assisting in the programming for operating Maintaining engineering works The health, safety, well-being and comfort of the public in using a facility, CE shall conduct and the ultimate CE, therefore, has themselves in a facility cost, all obligations as trustee highly Professional depend to a to the public interest Manner and Serve as considerable extent as well as faithful to Faithful Trustees or on how well the private interest agents of their client members of the of clients. or employers. project team fulfill their professional and contractual responsibilities. 3 PROFESSIONAL RESPONSIBILITY CE are therefore bound by the Fundamental Canons of Ethics. Care and protection of the environment is paramount in the Civil Engineer’s work engagement. CE must always strive to maintain the highest standard of Ethical Professional Practice in their dealing with Client employers, employees, competitors and the community. 4 R E E IN G N E L PS I V HI I C S T N N O I E I AT L C EL R OBLIGATIONS OF THE CIVIL ENGINEER OBLIGATIONS OF THE CLIENT LIABILITY OF THE CIVIL ENGINEER AND THE CLIENT SUSPENSION OR TERMINATION OF SERVICES SETTLEMENT OF DISPUTES OWNERSHIP OF DATA, DESIGNS AND DOCUMENTS 5 L B O IO T A G I N S O F TH E V CI IL EN IN G R E E CE shall perform Scope of the Services agreed between the clients. • CE shall exercise reasonable skill, care and diligence in the performance of his CE shall act independently and, obligations. as required by the contract, perform with necessary skills and professional judgement, when required to certify, decide or exercise discretion between the Client and a Third Party with whom the Client has • CE is authorized to actaascontract. the Client’s faithful agent when required but only as 6 implied in the contract adopted for the L B O IO T A G I N S O F TH E V CI IL EN IN G R E E When aware of any matters which will change or has changed the scope of the services, the CE shall give written notice to the Client containing particulars of the change. • For specified Staged Services, CE shall not initiate or proceed with any subsequent stage of the Services without the approval of the Client. When required, CE shall direct and cooperate with all other professionals and integrate their work where applicable into that being undertaken by the CE and other professionals, but shall not be professionally liable for their work. 7 L B O IO T A G I N S O F TH E V CI IL EN IN G R E E CE may recommend specialist suppliers and/or contractors to design and execute certain parts of the Works, in which case the CE shall coordinate the design of such part or parts with the overall design of the Works but he shall be relieved of all performance of any such part or parts of the Works. CE shall not be liable for acts of negligence, default or omission by such person or persons. CE shall notify the Client of any interest the CE has which may significantly conflict with the interest of the Client under their Contract. 8 O IG L B IO T A N S O F TH E CL N IE T Client shall pay the CE for his Services, the amount of fees and expenses set out in or determines in their Agreement. • Client shall provide the CE within reasonable time (that does not result in delay to the provision of the Services) all information required by the CE in the performance of his services and a decision in writing on all matters properly referred to the Client in writing. Client shall cooperate with the CE and shall not interfere with or obstruct the proper performance of the Services. • Client shall, as soon as practicable, make arrangements to enable the CE to enter the site and inspect facilities needed9in the performance of his Services. O IG L B IO T A N S O F TH E CL N IE T Client shall arrange for the provision of services from other professionals or others as may be required and bear all costs. • When CE is required to administer the work of other professionals or other third parties who are directly contracted by the Client or when the CE is required to act as Engineer-to-theContract for any contract on behalf of the Client then all instructions by the Client shall be given through the CE. When aware of any matter which will change or has changed the scope of the CE’s Services, the Client shall notify in writing within 7 days the CE containing as far as is 10 practicable, the particulars of the change. LIABILITY OF THE CIVIL ENGINEER AND THE CLIENT Limitation or Civil Engineer’s Responsibility CE shall only be liable to pay damages to the Client arising out or in connection with their Agreement if a breach of duty of care is established against the Civil Engineer. CE shall have no responsibility or liability for cost arising from any errors in or omission from data, documents, plans, design or specification not prepared by the CE and arising from any act or omission or lack of performance or any negligent or fraudulent act or omission by the Client or any Other Consultant, Contractor or supplier to the Client. CE shall not be responsible for the techniques, method, programmes, sequences or procedures adopted by any Contractor or other third party responsible for executing any aspects of the Project, nor for their performance on time, their failure to carry out the work in accordance with any contract documents or for any other acts of omissions. The Client shall only be liable to pay damages to the CE if a breach of the Client’s duty to the CE is established against the Client. Notwithstanding any recommendation or lack of recommendation made by the CE to the Client, CE shall not be held to have made any warranty promise as to the suitability, competence, or performance of any other Consultant, Contractor, supplier or other third party 11 LIABILITY OF THE CIVIL ENGINEER AND THE CLIENT Damages Damages payable shall be limited to the amount of reasonably foreseeable loss and damage suffered as direct result of such breach; The maximum amount of damages payable in respect of liability, whether under the law or contract, or otherwise, is limited to the amount specified in the Specific Provisions or, if no such amount or provision is specified, to the lesser of Php300,000.00 or 10% of the total amount of damages of the portion of the work attributable to the CE’s breach of duty or twenty five percent of the total of fees payable under their Agreement; If found to be liable, in circumstances where the acts or omissions of a third party have contributed to the loss or damage, the proportion which is attributable to that party’s breach of duty, whether the claims are made under contract or otherwise. 12 IL V CI E E E IN NG NG I R S CE I V R E 7 broad categories: 1. Cosultation, research, investigation, and reports. 2. Design services for construction projects 3. Construction Services 4. Special services for construction projects 5. Engineering support Services 6. Academic Services 7. Service as Employee The Types of infrastructure under the domain of civil engineering pursuant to RA 544, as amended, includes: 1. Streets, Bridges, Highway and Railroads 2. Airports and Hangars 3. Port works, canal, river and shore improvements, light houses and dry docks 4. Buildings 5. Fixed structures for irrigation, flood protection, drainage, water supply and sewerage works 13 6. Tunnels G N I R E E N I G N E ES L C I V VI I C ER S Design, Consultation and advice Feasibility Studies Field Investigations and engineering data collection Environmental assessments, impact statements or engineering reports Opinions of probable construction cost Preliminary and final designs, drawings, specifications and construction bidding documents Assistance in securing construction bids and in awarding contracts 14 G N I R E E N I G N E ES L C I V VI I C ER S Construction administration and observation Arrangements for or performance of testing of materials and equipment Assistance in start-up, assessment of capacity, and operation of facilities Preparations of operation and maintenance manuals Appraisals and rate studies Value engineering Expert testimony 15 G N I R E E N I G N E ES L C I V VI I C ER S Assessment of risks Structural remediation or rehabilitation Project Management and controls Provision of supplemental temporary staff Teaching 16 G N I R E E N I G N E ES L C I V VI I C ER S May also serve as construction managers or program managers and may employ other sub consultants and subcontractors as part of their services. CE specializations: structural and foundation, geotechnical and environmental, water resources and hydraulics, transportation, and construction management and engineering. Project implementation 17 SPECIALIZATION IN CIVIL ENGINEERING Structural Engineering Geotechnical Engineering Water Engineering Transportation Engineering Construction Management and Engineering 18 F R O E N NE O I I T G C EN E L IL E S IV C A A clearly defined scope of services reduces the potential for misunderstandings and confusion which can later evolve into project delays and claims for additional compensation. A details scope of services protects the interests of both the client and the consultants. To be discussed further in Section 3. Qualificatio ns Experience Reputation Quality of Client Service19 PRIME PROFESSIONAL PRACTICE • CE serves as the client directly as a prime professional, and where the client is usually also the owner of the project. • CE serves the client indirectly as a subconsultant through another engineer or architect who serves as the prime professional. • These services may also be performed through another entity on a design-build construction management, or turnkey project. 20 EMPLOYMENT Consulting Firms Government Agencies Construction Firms Educational Institutions Manufacturin g and Commercial entities 21 N ON G TI I I S T E E D P M • It is a process through which a CE is selected above other O C competitors based on proposal or an innovative approach to solving the client’s needs. • Competing firms are normally shortlisted from a number or engineers responding to a client’, solicitation either directly, by a letter request or indirectly through a newspaper or other form of publication. • The civil engineer should be awarded a stipend to participate in the competition. 22 CONTINGENCY BASIS OF EMPLOYMENT Canon 5c or the PICE Code or Ethics provides that, “Engineers may request, propose or accept professional commissions on a contingency basis only under circumstances in which their professional judgements would not be compromised.” Although contingent commissions are permissible, it is the general view of PICE that it is not in the best interest of the client or the public for the CE to provide professional services on a contingency basis. 23 F O N ING O R : I 2 T E A N C E O I I IF IN T G C S N E S S LA E C IVIL C 4 C E C 2 L B A W S E C I V R E S S E 24 L ES I V IC I C V R ER FO S G G Based upon the CEs cost to perform N N I I R services: G E 1. Salary cost times multiplier plus direct R E A non-salary expense (“Reimbursable”) IN H 2. Hourly billing rates plus reimbursable. C NG 3. Per diem. E 4. Cost plus fixed fee. (“CPFF”) Based upon a specific deliverable and do require that the project scope be well defined: 5. Fixed Price 6. Percentage of construction cost 25 (“Percentage”) CHARGING FOR CIVIL ENGINEERING SERVICES Combinations of methods of payment for different phases of the contract may be used. The method or combination of methods used depends upon the nature, scope, and complexity of services required by the client. The potential risks and problems faced by both the client and the CE, when the scope of services is not well defined, should be recognized and discussed during early negotiations. 26 1. SALARY COST TIMES MULTIPLIER PLUS DIRECT NON SALARY EXPENSE Charges for engineering services are based mainly on direct salaries. Salary cost - defined as “direct salaries plus employee benefits and included salaries for partners or principals and for technical, professional, administrative and clerical staff directly. Multiplier – applied to salary cost is a factor that compensated the CE for overhead plus a reasonable margin for contingencies, interest or invested capital readiness to serve, and profit. The ave. multiplier should be between 2.5 to 3.0 times the average salary cost. Direct Non Salary Expense may include: living and travel expenses, identifiable communications expenses, expenses for The CE’s Overhead which comprises of: services and equipment directly applicable to the project, a) Provisions for office expenses identifiable drafting supplies and reproduction work b) Taxes and insurance c) d) e) f) g) Library and periodical expenses Executive, administrative, accounting, legal, stenographic and clerical salaries and expenses. Business development expenses Provisions for loss of productive time Cost of acquiring and maintaining computer 27 2. HOURLY BILLING RATE It includes all direct personnel expenses, overhead and profit. Is used where the scope of work is not well defined or to simplify accounting and record keeping. 28 3. PER DIEM Per diem – refers to an 8-hr day. When per diem services are furnished, the CE should be compensated for all of the time devoted to providing them, including travel and standby. Profession al The per diem charge should be based on: Service Complexity Employee classification Risk Regional Location Importance of Service Period of Service 29 4. COST PLUS FIXED FEE The CE is reimbursed for the actual costs of all services and supplies related to the project: Salary cost, as previously defined Overhead Direct non-salary expenses Fixed fee – a amount to compensate the CE for contingencies, interest on invested capital, readiness to serve and profit. 30 5. FIXED PRICE It is frequently used for investigations and studies and for basic services on design type projects where the scope and complexity of the assignment are clearly and fully defined. 31 6. COST PLUS FIXED FEE The CE is reimbursed for the actual costs of all services and supplies related to the project: Salary cost, as previously defined Overhead Direct non-salary expenses Fixed fee – a amount to compensate the CE for contingencies, interest on invested capital, readiness to serve and profit. 32 7. PERCENTAGE OF CONSTUCTION COST This method may be used to determine the compensation of the engineer for services where the principal responsibility is the detailed design or construction supervision of facilities to be constructed. Feasibility studies 3% Detailed engineering design 6% Detailed architectural and engineering design 8% Construction supervision 10% These percentages only include those works normally undertaken in arriving at the expected outputs and do not include special studies or investigation. 33 TO L TA P T C E J RO ST O C Professional Engineering Cost Construction Cost Owner’s cost, including project administration, staffing, financing, and other overhead. Legal and Land Cost Contingency allowance for unknowns 34 1.) PROFESSIONAL ENGINEERING COST A CE is often engaged to make a study and to 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 implementation schemes which add flexibility to the project. The study and report phase may include the cost for field or traffic surveys, planning analyses, geotechnical explorations and analyses, in addition, to the direct engineering costs. The costs of coordination, evaluation implementation and compliance have increased correspondingly. The extend of these concerns may not be identified during the study and report phase, and sometimes not even after final plans and specifications have been prepared. As a result, the estimated probable total cost of the project based on the study and report phase must be understood to preliminary in nature. 35 2.) CONSTRUCTION COST It is the estimated total cost of constructing the facility to be covered by the proposed detailed design or construction supervision services, excluding the fees and other costs of such services, the cost of land and right-of-way, and legal administrative expenses of the agency. This must be approved by the client before the invitation to submit technical proposal is issued. 36 3.) LEGAL, LAND, ADMINISTRATION, STAFFING AND FINANCIAL COST These costs, which include audits, the cost of issuing bonds, land costs, and interest for borrowed money during construction, are part pf the probable total project cost and can best be estimated in cooperation with the client because they are usually outside the knowledge and control of the CE. 37 4.) CONTINGENCY ALLOWANCE • The final project cost becomes a known quantity. • To provide intangible costs, contingencies should routinely be added to the basic cost estimate. • It is common to practice to add 20% or more to the estimated probable total project cost at the completion of the study end report phase, reducing this to perhaps10% at the completion of final design and perhaps 5% when the construction bid becomes known. • Larger or more complex projects may require higher contingencies. 38 Estimate of probable total project cost should be periodically revised by the engineers as the design moves forward and more information becomes known. The client is normally responsible for providing estimates of those costs which may lie outside the CE’s knowledge or expertise, such as those in the legal, land, administrative, and financial areas. 39