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Ce Laws, Contracts and Specifications

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CE LAWS, CONTRACTS

AND SPECIFICATIONS
TOTAL PROJECT COST: LEGAL,
LAND, ADMINISTRATION, STAFFING
AND FINANCIAL COSTS, AND
CONTINGENCY ALLOWANCE.
Total Project Cost
• Direct cost- (material+labor+equipments)
• Indirect cost- (contractor’s profit+OCM)
• Taxes

[direct costs+indirect costs+taxes = Total project cost]


Total Project Cost
Probable total cost is a major concern of the client throughout the
planning design, and construction phases of a project. The probable
total capital cost, often used to establish budgets for a typical project, is
made up of:
1.Professional Engineering Costs
2.Construction Cost
3.Legal and land cost
4.Owner’s costs, including project administration, staffing, financing and other
overhead
5. Contingency allowance for unknowns
Legal, Land, Administration, Staffing and
financial Costs
• These costs, which includes audits, the cost of issuing bonds,
land costs, and interest for borrowed money during
construction, are part of 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
Civil engineer.
3 kinds of Bonds
1. Performance Bonds
2. Surety Bonds
*10% retention
*15% advance payment
3. CARI Bonds
Performance bonds

- A written guaranty from a third party guarantor(usually a bank or an


insurance company) submitted to a principal(client or customer) by a
contractor on winning the bid. A performance bond ensures payment
of a sum of money in case the contactor fails in the full performance of
the contract. Performance bonds usually cover 100% of the contract
price and replace the bid bonds on award of the contract.
Example:
-The performance bond essentially functioned as a loan as th exchange
of money was implied and guaranteed in the arrangement.

-The large company decided that they would need a performance bond
from us to ensure that they got their payment.
Surety Bonds
- A surety bond is simply the agreement between three parties: Principal, Surety
and Obligee. It Is a promise by a surety or guarantor to pay one party (the
obligee) a certain amount if a second party (the principal) fails to meet some
obligation, such as fulfilling the terms of a contract. The surety bond protects the
obligee against losses resulting from the principal's failure to meet the obligation.

Principal

Surety Obligee
Contractor’s All Risk Insurance Bond (CARI)
- Will cover projects from various risks during construction of a building, plant,
warehouse, townhouse, resort, office or store renovation in a mall, house or any
construction/ renovation projects. CARI covers all risk associated with all type of
civil construction risks.

Coverage:
Fire, lightning, flood, inundation, tsunami, windstorm of any kind, earthquake,
subsidence, landslide rockslide burglary, bad workmanship lack of skill, negligence,
malicious acts, and human error. Also includes bodily injury&/or property damage
aggregate limit.
To get covered one must provide the following information:

- Name of contractor, complete business contact number and TIN


- Project description and exact location including unit, floor, building
name, and complete address or lot number.
- Project duration (start and end date)
- Project amount (Bill of Materials BOM) or copy of contract
• These costs, which includes audits, the cost of issuing bonds, land
costs, and interest for borrowed money during construction, are part
of 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 Civil engineer.
Contingency Allowance

As the project moves forward from the study and report phase through the final
design phase and finally to construction award, more becomes known about
project details and costs, until at the completion of the project, the final project
cost becomes a known quantity.
To provide for intangible costs, contingencies should routinely be added to the
basic cost estimate. It is common practice to add 20% or more to the estimate
probable total project cost at the completion of the study end report phase,
reducing this to perhaps 10% at the completion of the final design and perhaps to
5% when the construction bids become known. Larger or more complex projects
may require higher contingencies.
The ABC shall be composed of the Direct Cost and the Indirect Cost.

A. The direct cost shall consist of the following:


A.1 Cost of materials to be used in doing the work item called for, which shall include, inter alia,
the following:
A.1.1 Cost at source, including processing, crushing, stockpiling, loading, royalties, local taxes,
construction and/or maintenance of haul \roads, etc.
A.1.2 Expenses for hauling to project site.
A.1.3 Handling expenses.
A.1.4 Storage expenses.
A.1.5 Allowance for waste and /or losses, not to exceed 5% of materials requirements.
A.2 Cost of labor:
A.2.1 Salaries and wages, as authorized by the Department of Labor and Employment.
A.2.2 Fringe beefits, such as vacation and sick leaves, benefits under the Workmen’s
Compensation Act, GSIS and/or SSS contributions, Allowances, 13th month pay, bonuses, etc.

A.3 Equipment Expenses


A.3.1 Rental of equipment shall be based on the prevailing “Associated Construction
Equipment Lessors, Inc.” (ACEL) rental rates apprroved for use by the DPWH (Presently it is the 2009
ACEL Rates). Rental rates of equipment not indicated in the ACEL booklet shall be taken from the
rental rates prepared by the Bureau of Equipment. For simplicity computation, the operated rental
rates are prefferd over the bare rental rates as the former includes operator’s wages, fringe
benefits, fuel, oil, lubricants and equipment maintenance. The make, model and capacity of the
equipment should be indicated in the detailed unit cost analysis.
A.3.2 Mobilization and demobilization shall be treated as a separate pay item. It shall be
computed based on the equipment requirements of the project stipulated in the proposal and
contract booklet. In no case shall mobilization and demobilization exceed 1% of the Estimated
Direct Cost (EDC) of the civil works items.

B. The Indirect Cost shall consist of the following:


B.1 Overhead Expenses- ranges from 5-8% of the EDC, which includes the following:
B.1.1 Engineering and Administrative Supervision.
B.1.2 Transportation allowances.
B.1.3 Office Expenses, e.g., for offices equipment and supplies, power and water
consumption, communication and maintenance.
B.1.4 Premium on Contractor’s All Risk Insurance (CARI).
B.1.5 Financing cost
(a) Premium on bid Security
(b) Premium on Performance Security
( c) Premium on Surety for Advance Payment
(d) Premium on warranty Bond (one year)

B.2 Contingencies – ranges from 0.5-3% of the EDC. These include expenses for meetings,
coordination with other stakeholders, billboards( excluding project billboards which s pay item
under the General Requirements), stages during ground breaking & inauguration ceremonies, and
other unforeseen events.

B.3 Miscellaneous Expenses - ranges from 0.5-1% of the EDC. These include laboratory tests for
quality control and plan preparation.
B.4 Contractor’s Profit Margin – shall be 8% of the EDC for projects above P5million and 10% for
Projects P10million and below.

B.5 VAT Component – shall be 5% of the sum of the EDC, OCM and profit.
B.6 The following items shall not be subjected to OCM and Profit mark-up:
B.6.1 Mobilization and demobilization
B.6.2 Provision of Service Vehicle

B.7 The following non-civil works items shall not be subjected to OCM mark-up:
B.7.1 Field/Laboratory offices & living quarters (Rental Basis)
B.7.2 Furnishing of furnitures, laboratory equipment, survey Equipment and Consumables
B.7.3 Assistance to the Engineers
B.7.4 Photographs
B.7.5 Health and safety
B.7.6 Traffic Management
B.7.7 Environmental Compliance
B.7.8 Communication Equipment, etc.

INDIRECT COST % FOR OCM AND PROFIT TOTAL INDIRECT


ESTIMATED COST
DIRECT COST (EDC) OCM PROFIT %FOR OCM AND
(% OF EDC) (% OF EDC) PROFIT
Up to P5million 12 10 22
Above P5M – P50M 9 8 17
Above P50M- P150M 7 8 15
Above P150M 6 8 14
THANK YA!

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