UZ CE313 Professional and Industrial Studies Level 3 Part a Section 1 Lecture Presentation Tumbare 2012

UNIVERSITY OF ZIMBABWE

CE313: PROFESSIONAL AND INDUSTRIAL

STUDIES LEVEL III : PART A, SECTION 1

Dr. Eng. M. J. Tumbare, CEng, Pr. Eng.

BSc(Eng)(Hons), MBA, PhD

FICE, FZweIE, FEIZ, FZAS, ACIArb

R & G Eng Dams & Large Dams, Zimbabwe

2012

Course Objectives/Learning Outcomes Understand the background and development of the

Engineering Profession

Understand the evolution of the education of Engineers

Understand the importance of post graduate training

Articulate and understand Engineering Ethics

Understand and articulate the importance of the Environmental Code of Professional Practice

Understand and articulate the importance and the work of the Engineering Council of Zimbabwe

To understand the importance and the work of the National Social Security Authority (NSSA)

To understand Contracting and the Law

Professional and Industrial Studies Level 3 Tumbare, 2

Course Objectives/Learning Outcomes

To understand the running of a professional practice

To understand what are private and limited companies

Relationships with employees, clients, consultants, contractors and subcontractors

An introduction to the law in Zimbabwe and the operation of government and local government with reference to relevant Acts of parliament and particular emphasis on occupational hazards and ensuring safe working conditions on site and in the factory

Understand the work of the Standards Association of Zimbabwe, ISO Certifications, codes of practice and specifications

Sedimentation Lecture 1 Level 3 Tumbare

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References

The Zimbabwe Institution of Engineers et al, 1984, General Conditions of Contract and Forms of Tender, Agreement and Deed of Suretyship, ZGCC.4, Harare

The Zimbabwe Institution of Engineers et al, 1984, Civil Engineering Quantities, ZCEQ.2 Harare

The Zimbabwe Association of Consulting Engineers, 1988, Conditions of Engagement for Civil, Structural, Mechanical and Electrical Engineering Work where the Consulting Engineer is the Principal Agent of the Client, Form One, Harare

University of Zimbabwe, 1981, Can Civil Engineering Survive? Proceedings of the Department of Civil Engineering Seminar, Harare

The Zimbabwe Institution of Engineers, 1988, Rules of Conduct and Guidance Notes, Harare

Professional and Industrial Studies Course Work Level 3 Tumbare 4

References (Cont) The Zimbabwe Institution of Engineers, 1997, Environmental

Code of Professional Practice, Harare

The Zimbabwe Institution of Engineers, 1999, Guidance to Applicants for Membership, Harare

The Zimbabwe Institution of Engineers, 1999, General Requirements for the Training of Engineering Graduates, Harare

Zimbabwe Government, 2008, The Engineering Council Act 3/2008, Harare

Zimbabwe Government, 2002, Environmental Management Act, Government Printers, Harare

Zimbabwe Government, 2008, The Engineering Council Act 3/2008, Harare

Parliament of Zimbabwe www.parlzim.gov.zw

Spong P. J., Booth V. & Walmsley B., 2003, EIA in Southern Africa - Country Chapter on Zimbabwe, Southern African

Institute for Environmental Assessment, Windhoek

Professional & Industrial Studies Level 3 Tumbare 5

THE BACKGROUND AND DEVELOPMENT OF THE

ENGINEERING PROFESSION

The Institution of Civil Engineers (ICE) UK was the first Engineering Institution to be established in the world in 1818.

At that time, strong reliance was placed on practical training as part of qualifications to the profession.

This continued until the 1930s when the common practice was to train engineers through attachments to an established engineering firm or chartered engineer for a period of about 5 years undertaking practical work during the day and studying the theories of the profession during the night and over weekends


THE BACKGROUND AND DEVELOPMENT OF THE ENGINEERING PROFESSION (CONT..)

Usually qualification as a chartered engineer was attained in about 7 years. This had its advantages mainly;

Practical experience was gained in parallel with academic advancement

Students would earn some money during the training period

The learning process was more gradual.

The ICE catered for the above training practice by setting its own examinations which were in three parts;

The first two parts covered the academic requirements (from which graduates of approved universities were exempt) and,

The third part which comprised the professional oral interview.

After the Second World War, access to university education greatly improved and university education became the favoured training process.


THE EDUCATION OF ENGINEERS Formal education in modern engineering practice was begun by

the Russians followed by the French and English.

The purpose of formal engineering education resulting in a degree is to equip the student with adequate theoretical

knowledge and application competences to start off his/her

engineering career.

At the University of Zimbabwe (UZ), entry to study an engineering degree is usually 3 A Levels in Mathematics, Physics and Chemistry or other approved Science subject or a

Higher National Diploma in Engineering.

The engineering degree at UZ is normally completed in 4 years with a requirement that each student should complete a

specified period of attachment with an Engineering Institution.


THE EDUCATION OF ENGINEERS (CONT.)

This vacation work is an attempt to give undergraduates some practical engineering

knowledge and experience.

However, the Engineering Departments at UZ should draw up vacation work specifications for

both student and employer for each year, setting

forth the benefits that the Engineering Departments

would like the students to obtain.

Follow-up supervision should be arranged and given by the Engineering Departments for each student

on attachment.

The student should submit a well written attachment report


POST GRADUATE TRAINING The attainment of an engineering degree is just the

beginning as the engineering profession only starts from there.

The graduate should now receive appropriate training so as to develop a wide range of engineering and management skills and experience that will enable him/her develop judgement and critical abilities to undertake engineering projects with due regard to;

technical,

ethical,

economic,

financial,

commercial,

social, and

other relevant practices.


POST GRADUATE TRAINING (CONT)

This training will further develop the graduate to be;

Reliable produce accurate outputs

Resourceful find solutions when challenges are encountered

Responsible see projects through

Resilient cope cheerfully with inconvenience and adverse events

Dependable be honest and punctual



The Zimbabwe Institution of Engineers (ZIE) published in 1999, The General Requirements for the Training of Engineering Graduates.

This sets out the various requirements and proposes appropriate training programmes for graduate engineers to undergo prior to their being ready for Corporate Membership.

ZIE requires a minimum of three years practical post qualification training/experience prior to consideration for Corporate Membership.



The ZIE Membership Grades are;

Companion Any person whom the Institution wishes to honour for his/her service to the Engineering

profession. A Companion does not pay subscriptions

to ZIE.

Affiliate A grade for a person who is not a professional engineer or engineering technician but

who, by connection with engineering and the

sciences, is qualified to act together with professional

engineers in the advancement of engineering. This grade is also applicable to Companies



Student upon commencement of engineering studies at either Technician or Graduate level

Graduate Technician upon successful completion of an approved engineering technician diploma

Graduate - upon successful completion of an approved engineering degree



Technician Member upon successful completion of an approved engineering technician diploma and

successful oral interview conducted by ZIE usually

after at least two years of practical post qualification

experience

Associate Member persons who qualify for the grade of Technician and who have at least nine years

responsible Technician experience, five years of

which must have been in a position of superior

responsibility. THIS GRADE IS NO LONGER OFFERED


POST GRADUATE TRAINING (CONT) Member after a minimum 3 years of practical post

qualification training/experience and successful oral interview conducted by the ZIE

Fellow usually after five years of being a Member. Usually there is no formal ZIE oral interview but one should have held or attained a superior position of responsibility

Honorary Fellow Any person whom the Institution desires to honour for his/her distinguished work as a professional engineer or for his/her exceptional and important services in connection with engineering or to the Institution. An Honorary Fellow does not pay subscriptions to ZIE



As a guide to the attainment of Corporate Membership, the

graduate engineer should demonstrate to the Interviewing

Panel that he/she ;

has had sufficient site or other experience of appropriate engineering projects to enable him/her to appreciate the

challenges involved in the practical application of his/her

design and theoretical studies and the contribution made

by those studies to the carrying out of engineering

projects.

show that he/she can apply in practice the theory of at least one of the branches of engineering science and has

acquired an understanding of the fundamental processes

of investigation, planning, design or construction by

actually taking part in, and making a contribution to, one or

more of these processes in connection with an engineering

project.

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In general, the graduate engineer should acquire a

working knowledge of;

quality control.

materials and their management.

measurement of quantities.

management of human resources and engineering plant.

planning, programming and progressing of engineering project work.

the liabilities, responsibilities and legalities of administering contracts.


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In the office, he/she should become acquainted

with;

office administration,

design procedures,

preparation of contract documents, drawings and bills of quantities.

He/she should be trained to think and exercise the responsibilities of an engineer.


ENGINEERING ETHICS ZIE Rules of Conduct

In June 1988, the ZIE published the Rules of Conduct and Guidance Notes for its Members.

These Rules of Conduct were passed through a ZIE Council resolution on 30 June 1988 which makes it incumbent on every Member of the Institution to observe these Rules of Conduct.

These Rules of Conduct were supplemented in 1997 by the approval by the ZIE Council on 30 January 1997 of the Environmental Code of Professional Practice.


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ENGINEERING ETHICS (CONT)

The ZIE Rules of Conduct are quoted as follows;

Rule 1: A Member of the Institution, in the course of his employment and in pursuance of his profession, shall have due regard for the public interest.

Rule 2: A member of the Institution shall act for his employer or for his client as a faithful agent and trustee and shall discharge his duties with integrity.

Rule 3: A Member of the Institution shall not act in any manner derogatory to the honour, dignity, integrity or reputation of the profession.

Rule 4: A Member of the Institution shall not falsely, maliciously, or recklessly injure or attempt to injure whether directly or indirectly the professional reputation of another engineer or technician.


ENGINEERING ETHICS (Cont)

Guidance Notes in the Interpretation of the Rules of Conduct

1. GENERAL

The ZIE Council or Committee appointed by the Council will consider allegations of misconduct made against Members of the Institution. Appropriate action, including being struck-off the Register, may be taken if the Member is found to have contravened the Rules of Conduct. If legal action relating to the complaint is in progress or pending, the Institution may not proceed in its investigations until such action is concluded. Examples of contravening the Rules of Conduct are;

Being convicted by a competent court of law of a criminal offence

Offering or accepting an inducement in cash or in kind specifically to secure an engineering engagement.


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2. INFORMATIVE PUBLICITY

Advertising is permitted but should not be self-laudatory or derogatory

to the dignity of the profession nor shall it imply that skills offered are

superior to those of other professional engineers/technicians, firms or

companies offering an engineering or design service. In all cases the ZIE

Crest should not be used. The freedom to inform as opposed to waiting to be asked can take the form of;

Business/contact/visiting cards

Factual description of services offered (through journals, newspapers or directory)

Brochures

Contributions to the press, radio or television where the purpose is to inform the public on matters of interest

Engineering firms or companies may make reference to the fact that their employees are Members of the Institution but may not claim a

superior service as a result.



3. IN RELATION TO THE PROFESSION

A Member shall;

Co-operate in extending the effectiveness of the profession by the exchange of information and experiences with other Members

Contribute to the work of the Institution and other public bodies

Endeavour to protect the profession from misrepresentation and misunderstanding

Refrain from expressing publicly an opinion on an engineering subject unless well informed of the facts founded on adequate knowledge and honest conviction

Not associate in work with a person who does not conform with ethical practice

Report to the Council unethical practice of another Member

As far as possible assist in the career development and advancement of other engineers/technicians

Not knowingly or deliberately hinder or impede the career development of another engineer/technician


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4. IN RELATION TO THE EMPLOYER OR CLIENT A Member shall;

Pay due regard to the copyright of drawings, designs, and documents particularly those produced by other engineers/technicians.

Ensure, to the best of his/her ability, that the holders of copyrights are adequately compensated for the use of such documents

Not misrepresent his/her qualifications to a prospective employer or client and shall render only such professional service as he/she is qualified by training and experience to give

Engage or recommend the engagement of specialist advice when in the best interest of his/her employer or client

Disclose the nature of any other association from which he may gain financially by virtue of his/her employment. In no circumstances shall he/she allow such interest to affect his/her professional advice

Present clearly the consequences to be expected if his/her professional judgement is over-ruled by a non-professional authority where he/she is responsible for the professional adequacy of the work

Act with fairness and justice between his employer or client and the contractor when dealing with contracts

Unless authorised by the parties concerned, not accept remuneration for his/her services from more than one source for the same service or work



5. IN RELATION TO OTHER MEMBERS

Bearing in mind that the proper forum for technical criticism is through the engineering societies and technical press, a Member shall;

Exercise due restraint in criticising the work of another Member

Not supplant another Member in a professional engagement

Not review or take over the professional work of another Member for the same employer or client except with the knowledge that such Member has been notified in writing by the employer or client that the connection of such Member with the said professional work has been terminated

Subscribe to the principle of appropriate and adequate compensation for those engaged in engineering work including those in subordinate positions

Endeavour to provide opportunity for the professional development and advancement of his/her associates or those of his employ

Take care that credit for engineering work is given to those to whom credit is properly due


SUPPLANT

SUPPLANT - supersede, displace, replace, substitute, oust, uproot

To supersede another especially by force or treachery

To eradicate and supply a substitute

To take the place of another through force, scheming, strategy

To usurp the place of, especially through intrigue or underhanded tactics

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6. In Relation to the Public

An Organisation in which a Member has a financial interest and which provides only technical services may operate as

a limited liability company provided that its Articles of

Association require that the conduct of company

operations conforms to standards of professional conduct

acceptable to the Institution. Such company shall be

recommended to the client by any Member having financial

interest in it only when he/she informs the client of his/her

interest

A Member working in another country in which standards of professional conduct are laid down by an association

recognised by the Federation International de Ingenieurs Conseils shall order his/her conduct according to such

standards


ENVIRONMENTAL CODE OF PROFESSIONAL

PRACTICE

Purpose of the ECPP

The Environmental Code of Professional Practice (ECPP) was approved by the ZIE Council on 30

January 1997 and was issued as a Supplement to

the Institutions Rules of Conduct.

The ECPP is a guide to good technical practice and environmental management principles

Because of the diversity of work and specialisation in the engineering profession, it is intended

primarily to encourage greater awareness,

understanding and effective management of

environmental issues.


ENVIRONMENTAL CODE OF PROFESSIONAL PRACTICE (CONT.)

Definition of the Environment

The Environment includes;

Air, water and land

All living organisms, including microorganisms, plants, animals and

humans

All cultural, social and economic conditions that influence the life of a community

All interactions between any of the above mentioned factors



The Relationship of the ECPP with the ZIE Code of

Conduct

ZIE Members are expected to adhere to good engineering practice wherever and whenever possible.

ZIE Members should be aware that non-compliance with the provisions of the ECPP may be relevant when considering

professional disciplinary issues.

Adherence to the ECPP will be regarded as demonstrating good practice which would constitute the best protection

against such action.

While failure to adhere to the ECPP may not necessarily amount to negligence or a breach of an implied contractual

term by that member, such failure may evidence an

infringement of the ZIEs Rules of Conduct which could lead to disciplinary proceedings.



The Eight Issues covered by the ECPP The ECPP covers eight issues;

The Pledge Work to enhance the quality of the environment

The Approach Maintain a balanced, disciplined and comprehensive approach to environmental issues

The Law Know about and comply with the law

Conduct Act in accordance with the Rules of Conduct of the ZIE

Cost Benefit Balance economic, environmental and social benefits

Organisational Commitment Encourage management to follow positive environmental policies

Professional development Keep up to date with environmental issues by seeking education and training

Communication and Public Awareness Encourage understanding of environmental issues



PRACTICE (CONT.)

The Pledge: Work to enhance the quality of the

environment Be aware of the wide variety of natural resources with which you may

be concerned e.g. human, flora and fauna, air, water and land and the

interactions between these

Seek ways to change, improve and integrate designs, methods, processes, operations, raw materials and products to enhance the

environment and sustainable use of resources

Use the body of knowledge generally available to the engineering profession at the time and or previous cases to use best practice on

environmental problems that could arise from your professional

activities

Assess projects to ensure that the products and wastes can be re-used, re-cycled or rendered harmless and that discharges are controlled to

minimize their impact on the environment



PRACTICE (CONT.)

The Approach: Maintain a balanced, disciplined and

comprehensive approach to environmental issues

Be aware of the interaction of your work with that of others involved in the same activity

Use environmental reviews/impact assessments as an aid to your professional judgement, seeking specialist advice where appropriate

Be aware of the range of environmental reviews/impact assessments, varying from basic to comprehensive, and seek to ensure that the appropriate level of

assessment is applied

Be aware that the environmental reviews and impact assessments involve uncertainty and develop strategies to cope with this

Recognize that the impact on the environment;

Might be so great that a project should be avoided altogether

Could be so insignificant that the project could proceed without formal assessment

May lie between the above, and action should be taken to minimize negative environmental effects and maximise positive effects as far as reasonably

practicable



PRACTICE (CONT.)

The Law: Know about and comply with the law

Be aware of and comply with the relevant laws and regulatory framework

Accept your duty of care and do whatever is reasonably practicable to respond to environmental issues

including, where necessary, going beyond the minimum

standards which the laws and regulatory framework may

represent

Seek professional advice at an early stage if you have any doubt about the appropriate application of the law or

regulations

Review legislation periodically to keep up with the times



PRACTICE (CONT.)

Conduct: Act in accordance with the Rules of

Conduct of the ZIE

Recognize the general duty, under the ZIE Rules of Conduct, to have due regard for the

public interest as far as environmental

issues are concerned

Recognize that your duty to the community is of utmost importance



PRACTICE (CONT.)

Cost Benefit: Balance economic, environmental and

social benefits

Seek to balance costs with the net benefits to the environment, to achieve the best practical option

Recognize that not all benefits and costs are quantifiable, and include consideration of the non-quantifiable factors in

assessments

Understand environmental review/assessment techniques and apply them in cost/benefit analyses in order to take account of

full environmental costs. Where necessary, specialist

expertise should be utilised

Utilise the best available techniques embracing process technology and operation not entailing excessive cost



PRACTICE (CONT.)

Organisational Commitment: Encourage management

to follow positive environmental policies

Encourage top level commitment to an environmental policy which includes environmental statements and monitoring

systems

Encourage management to recognise that a statement of intent is not sufficient to achieve legislative compliance

Help promote an organisational culture which actively commits resources to the management of environmental

issues at organisation and individual level

Seek personnel policies which provide for education, training and open communication on environmental issues



PRACTICE (CONT.)

Professional Development: Keep up to date with

environmental issues by seeking education and

training

Improve ones knowledge, understanding and skills of environmental review/impact assessment techniques as part

of ones professional development program

Take every opportunity to contribute towards the advancement of knowledge of environmental matters relevant

to engineering disciplines

Influence, where possible, the initial education of engineers and technicians to include awareness of their role in

protecting and enhancing the environment



PRACTICE (CONT.)

Communication and Public Awareness: Encourage

understanding of environmental issues

Initiate discussion of environmental issues, developing technology and regulatory requirements

with others

Bring major potential environmental damage to the attention of those in authority in a responsible

manner

Seek to educate others and encourage public awareness of environmental issues and join debate

over drafting and implementation of legislation


THE ENGINEERING COUNCIL OF ZIMBABWE

Establishment of the Engineering Council of Zimbabwe (ECZ)

The ECZ was established through an Act of Parliament; now Chapter 27:22 of the Laws of Zimbabwe.

The ECZ is a body corporate, with perpetual succession, and capable of being sued in its corporate name and of performing all such

functions as bodies corporate may by law perform.

The ECZ operates through Constituent Bodies which are defined as: an institute, institution, body or federation established by

engineers or technicians or both to promote their collective

professional interests in one or more of the engineering disciplines.

Currently, the Zimbabwe Institution of Engineers (ZIE) is declared a Constituent Body of ECZ.

The ECZ shall maintain a Register of Engineers and Technicians which shall be divided into two parts, one for registration of

engineers and the other for registration of technicians.


THE ENGINEERING COUNCIL OF ZIMBABWE (CONT..)

Functions of the ECZ

Subject to the ECZ Act, the functions of the ECZ shall be;

To consider and administer applications for registration of engineers and technicians

To maintain the Register

To issue Practising Certificates to registered persons or to cancel or suspend such certificates

To ensure that Constituent Bodies have adequate procedures to enforce ethical practice and discipline among persons

registered under the ECZ

To encourage cooperation between Constituent Bodies in matters of common interest


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(FUNCTIONS CONT..)

To take such steps as appear to the ECZ to be necessary or desirable to advance the standing and effectiveness

of the engineering profession in Zimbabwe

To promote the view of the engineering profession on national, regional and international issues

To evaluate, monitor and uphold the standards of qualifying criteria or examinations, courses and training

set or offered by Constituent Bodies

To encourage manpower development to meet the requirements of the engineering profession in Zimbabwe

To provide for the accreditation of college-based courses



Qualification for Registration

A person shall be qualified for registration as an

engineer or as a technician if he /she;

Is a member in good standing of any Constituent Body

Is ordinarily resident in Zimbabwe

Has attained the age of majority


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(Qualification for Registration Cont..)

A person shall not be qualified for registration if: He/she has been adjudged or otherwise declared insolvent or bankrupt in terms of a

law in force in any country, and has not been rehabilitated or discharged

He/she has made an assignment to or arrangement or composition with his or her creditors in terms of a law in force in any country, and the assignment, arrangement or composition has not been rescinded or set aside

Within the period of five years immediately preceding his/her application for registration;

has been convicted inside or outside Zimbabwe of a criminal offence which, in the opinion of the ECZ, is of a disgraceful or dishonourable nature, and he/she has not received a free pardon

has behaved in a manner which, in the opinion of the ECZ, is of a disgraceful or dishonourable nature

has been certified either inside or outside Zimbabwe to be mentally disordered or intellectually handicapped in terms of the Mental Health Act (Chapter 15:12 of the Laws of Zimbabwe) or an equivalent law in a foreign country, and the certification remains in force

the Constituent Body of which he/she is a member has ceased to be a Constituent Body and he/she has failed to become a member or affiliate of another Constituent Body within twelve months of the date when his/her Constituent Body ceased to be such.


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A person may apply for registration in the Temporary Register if

in the opinion of the ECZ the person has been engaged in good

faith to perform engineering work in a consultative capacity and

who;

is not ordinarily resident in Zimbabwe; and

is or is over the age of 21 years; and

has passed an examination prescribed by the ECZ for the purpose of temporal registration or any examination

recognised by the ECZ as being equivalent; and

has at least three years practical experience in engineering work which in the opinion of ECZ is of sufficient variety and of

a satisfactory nature or standard for the purpose of temporal

registration


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Application for Practising Certificates

A person who wishes to obtain a Practising Certificate shall apply to the ECZ in the form and

manner prescribed and shall submit with his/her

application such fee, certificates, documents and

information as may be prescribed.

A Practising Certificate shall remain valid during the financial year in which it is issued, as long as the

holder remains registered.


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Prohibition against practice by unregistered persons or

persons without a Practising Certificate

No person shall practise as an engineer or technician, temporarily or

otherwise, whether directly or indirectly, by himself/herself or in

association or partnership with any other person, unless he/she;

Is registered as an engineer or technician and practices as such in accordance with the terms and conditions of a valid Practising

Certificate

Does engineering work under the supervision of a registered person for the purposes of training

Any person who contravenes these provisions shall be guilty of an

offence and liable to a fine not exceeding level eight or to imprisonment

for a period not exceeding one year or both such fine and such

imprisonment.


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Funds of the ECZ

The funds of the ECZ shall consist of;

Fees paid for registration and for the issue of Practising Certificates

Levies paid to it by Constituent Bodies in terms of by-laws

Any other moneys to which the ECZ may become entitled, whether by way of grants, fees, gifts

approved by the Minister, loans or otherwise


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Use of Certain Designations

A registered engineer shall be entitled to use the designation Professional Engineer (Zimbabwe) or the initials Pr. Eng.

A registered technician shall be entitled to use the designation Professional Engineering Technician (Zimbabwe) or the initials Pr. Tech. Eng.


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CONTRACTING AND THE LAW

What is a Contract?

A Contract is a legal binding Agreement that is enforceable in a court of law between two or more persons/parties that gives

rise to rights and corresponding obligations.

There must be agreement between the parties.

There must also be the intention to enter into a legal Agreement.

Contracts should be clear; the rights and obligations of each party should be clearly defined.

Specific provision should be made for death, insolvency, dispute resolution and inability to perform.


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CONTRACTING AND THE LAW (CONT)

Validity of a Contract

A Contract is only valid if;

the parties intend to enter into a legal Agreement

the parties agree

the Contract must be legal

the Contract must be clear

the parties are legally able to enter into the Contract


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When does a Contract end?

A Contract only ends when all the duties and rights covered by it have been discharged.

In other words, a Contract is only

discharged by performance.

Contract end should not be confused with Contract termination. A Contract may be terminated due to failure to perform by one

or both of the parties or by mutual

agreement between the parties.


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Main Types of Contracts

As long as the good or service provided is legal, any Oral Agreement between two or more parties can constitute a binding legal Agreement constituting an Oral Contract. The practical limitation of this type of Contract however is that only parties to a Written Agreement, constituting a Written Contract, have material evidence (the Written Contract itself) to prove the actual terms uttered at the time the Oral Agreement was struck.

In daily life, most Contracts can be and are made orally, such as purchasing a book or sandwich.

The Oral Contracts are quick, do not involve a lot of financial and other outlays but rely on goodwill and trust which can easily be breached.

Sometimes however, written Contracts are required by either party or by statutory law.

Written Contracts involve lawyers and other experts in this field and take time to produce. The wording has to be agreed upon by all parties and Written Contracts require to be signed by authorised signatories. Written Contracts however spell out the remedies in the event of breaches or non-compliance of the obligations by either party which remedies can be determined in a court of law.


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General Conditions of Contract

All major Contracts should have a General Conditions of Contract (GCC) document agreed upon by the contracting

parties.

The Zimbabwe Institution of Engineers (ZIE) in consultation with the Federation of Civil Engineering Contractors and the

Association of Consulting Engineers has published (ZGCC.4

1984) the General Conditions of Contract and Forms of

Tender, Agreement and Deed of Suretyship for use in

connection with Civil Engineering Construction Works.

Most Contracts in Zimbabwe use this ZGCC.4 as the basis with modifications as appropriate.


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The GCC cover;

Definitions and interpretations to be used in the Contract Documents

The duties and powers of the Engineers Representative

Assignment and Sub-letting

The Extent of the Contract

The description of the Contract Documents

The General Obligations

Labour Issues

Materials and workmanship

Commencement Time and Delays

Maintenance and Defects of the Works


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GCC (Cont..)

Alterations, Additions and Omissions

Property (Ownership on site) in materials and plant

Measurement

Provisional and Prime Cost Items and Sums

Certificates of Payment and Payments

Remedies and Powers

Special Risks

Settlement of Disputes

Variation of Price

Notices

Law applicable


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Form of Tender The Form of Tender is submitted as the cover letter on Tender

submission to the Employer.

The Form of Tender usually starts with stating the Contract Number and/ or a short description of the Works.

It is a Form completed by the Tenderer in which the Tenderer confirms various Tender issues and states the amount the Works will cost.

The Tenderer will also state the proposed Surety or Sureties who will be bound together with the Contractor to usually 10% of the Contract Sum.

The period of Validity of the Tender is also given together with the time for completion of the Works.

The Form of Tender is signed by an authorised person from the Company submitting the Tender.


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Form of Agreement

This is a Form which is signed by both the Employer and the Contractor after the Employer has accepted the Contractors Tender for the supply of the specified services.

The Form of Agreement should state the documents which should be deemed to form and be read and construed as part

of the Agreement.

In the Form of Agreement, the Contractor pledges to carry out the Works as specified whilst the Employer agrees to pay the

Contractor the Contract Costs at the times and in the manner

specified in the Contract.


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Form of Deed of Suretyship

The Contractor is required, in accordance with the Contract, to provide a guarantee that the Employer will fall back on in the event

that the Contractor fails to carry out the Works as specified.

This is provided for in the form of a Deed of Suretyship in which a financial institution binds itself as guarantors and co-principal

debtors in favour of the Employer to usually 10% of the Contract Sum

until the Contract is discharged.

The law governing the Deed should be spelt out as well as the physical domicile of the Guarantor.

In the event that the Contractor fails to perform, the Employer will call upon the Guarantor to pay the agreed surety amount in

compensation.


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Civil Engineering Quantities

All major Contracts should have a Bill of Quantities to facilitate measurement of Works on site as well as payments for Works done.

There are other methods of measuring Civil Engineering work such as Method Related Bill, the Operational Bill etc.

The Zimbabwe Institution of Engineers (ZIE) in consultation with the Federation of Civil Engineering Contractors and the Association of Consulting Engineers has published the Civil Engineering Quantities (ZCEQ.2 1984) as the standard method of measurement of civil engineering quantities for Zimbabwe.

The ZCEQ.2 is intended for use as a guide to engineers preparing Bills of Quantities and to Tenderers and others in interpreting them.


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The ZCEQ.2 covers;

Definitions used

General Principles

Preparation of the Bill of Quantities

Taking off of Quantities

Provisions for Price Adjustments

Administration of Site Measurements

Units and Methods of Measurements


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Contract Documents

Contracts for civil engineering works are

usually based on Contract Documents

comprising the following principal parts;

Conditions of Contract

Drawings

Specification

Bill of Quantities


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Conditions of Contract

The Conditions of Contract set out the duties, rights, privileges and obligations of the parties to

the Contract.

They are usually and preferably standard General Conditions of Contract supplemented, if and when

necessary, by Special Conditions of Contract

prepared to suit special circumstances applicable

to a particular project or situation.


67


Drawings

The Drawings set out the situation and constructional and other details of the works and may include details of the

Construction Programme.

Specifications

The Specifications supplement the drawings in giving a detailed engineering and technical description of the works

and the nature and quality of the materials, workmanship and,

where necessary, methods to be used in the execution of the

works.


68

BILL OF QUANTITIES

Bill of Quantities

A Bill of Quantities is a list of items giving the

estimated quantities and brief descriptions of all the

work to be performed and materials to be provided

under the Contract, the quantities and descriptions

being derived from the drawings and specification and

space being provided for the insertion of price rates

against each item and the extension and totalling of

the prices.

Professional and Industrial Studies Course Work Level 3

Tumbare 69

PREPARATION OF A BILL OF QUANTITIES

1. Preamble to the Bill of Quantities (BOQ) Should include any instructions and references to the obligations

intended to be imposed by the documents on which the tender is to be based, e.g., Conditions of Contract, the drawings, the specifications

The Standard Method of Measurement of Civil Engineering Quantities used should be indicated

Directions should be given that the rates and prices to be inserted in the BOQ are to be the full inclusive value of the work described, all general risks, liabilities and obligations set forth in the documents

Tenderers should be warned that a price or rate has to be entered against each item and if not, it will be considered included in other prices or rates in the BOQ.

It should be stated that while references may be given in the BOQ, such references are not necessarily complete.


Tumbare 70


2. Consideration should be made for:

The method to be adopted for measurement Repetitive work (manholes)

Units to be used metric

Grouping of items should be systematic

Standard form or style Usually on A4 paper


Tumbare 71


Provisional Sums

Provision for the cost of work, at the tender stage, has not been sufficiently defined to enable it to be priced by Tenderers may be made by the insertion of Provisional Sums in the Bill of Quantities.


Tumbare 72

EXAMPLE OF A BOQ FOR CONSTRUCTION OF A DAM

PART 1: PRELIMINARY & GENERAL ITEMS

PART 2: EXCAVATIONS

PART 3: GROUTING

PART 4: EMBANKMENT

PART 5:CONCRETE & MASONRY

PART 6: MISCELLANEOUS & OUTLET WORKS

PART 7: SUMMARY

Professional and Industrial Studies Course Work Level

3 Tumbare 73


PART 1: GENERAL ITEMS ITEM

NO. DESCRIPTION NO. or

QTY UNIT UNIT RATE AMOUNT

($)

1 Provide for permanent houses for supervising staff

3 No. 30 000 90 000

2 Provide for temporary domestic water supply.

- - Lump Sum

20 000

3 Diversion and care of river and dewatering foundations

- - Lump Sum

40 000

4 Provide for Insurance of Works

- - Lump Sum

50 000

5 Establish site, dismantle and move off site

- - Lump Sum

100 000

TOTAL PART 1 300 000 Professional and Industrial Studies Course Work

Level 3 Tumbare 74


PART 2: EXCAVATIONS

ITEM NO.

DESCRIPTION NO. or QTY

UNIT UNIT RATE ($)

AMOUNT ($)

6 Clear & strip foundation areas for embankment & spillway

3 ha 4 000 12 000

7 Excavate dam foundations a) Soft b) hard

5 500 2 000

m3

m3

3

40

16 500 80 000

8 Excavate outlet works a) Soft b) hard

200 300

m3

m3

5

60

1 000

18 000

9 Clear & strip Borrow Areas 30 ha 3 500

105 000

10 Excavate to waste Borrow Areas

4 000 m3

3

12 000

TOTAL PART 2 244 500


Tumbare 75


PART 3: GROUTING ITEM


QTY UNIT UNIT RATE

($) AMOUNT ($)

11 Setting up over grout holes to be drilled. One set up per stage. (Not applicable to re-drilling)

125 No. 60 7 500

12 Drilling grout holes. Minimum 40mm diameter, vertical or inclined through any material using percussion drills

1 500

m

25

37 500

13 Embedded pipes for grouting

600 kg 30 18 000

14 Grout injection with cement grout. Rate per hour of pumping

125 hour 70

8 750

TOTAL PART 3 71 750 Professional and Industrial Studies Course Work

Level 3 Tumbare 76


PART 4: EMBANKMENTS

ITEM NO.

DESCRIPTION NO. or QTY

UNIT UNIT RATE ($)

AMOUNT ($)

15 Place and compact to 95% LCE impervious core from Borrow Areas A, B, C

90 000 m3 5 450 000

16 Place and compact to 95% LCE rolled fill from Borrow Areas B, C)

160 000

m3

4.50

720 000

17 Place and compact coarse filter

300

m3

90

27 000

18 Dry stone pitching as required

1 000 m2 15

15 000

19 Grassing of slopes 14 000 m2

3

42 000

TOTAL PART 4 1 254 000 Professional and Industrial Studies

Course Work Level 3 Tumbare 77


PART 5: CONCRETE & MASONRY

ITEM NO.

DESCRIPTION NO. or

QTY

UNIT UNIT RATE ($)

AMOUNT ($)

20 Masonry work in spillway and guide walls (1:4 cement mortar)

2 700 m3 90 243 000

21 Concrete class 330/20 to valve box

20

m3

200

4 000

22 Formwork plain vertical to valve house

50

m2

25

1 250

23 U3 finish to valve house walls

50 m2 6

300

24 Wood float finish as required

40 m2

5

200

TOTAL PART 5 248 750 Professional and Industrial Studies



PART 6: MISCELLANEOUS AND OUTLET WORKS ITEM


QTY UNIT UNIT

RATE ($)

AMOUNT ($)

25 Supply & install 300mm A/C pipes complete with FT joints

- Provisional Sum

- 25 000

26 Provide for supply of valves

- Provisional Sum

- 15 000

27 Provide for bush clearing dam basin as directed

- Provisional Sum

- 25 000

28 Supply and install barbed wire fencing as directed

2 000 m 1.50

3 000

29 Provide for building gauging weirs

2 No.

25 000

50 000

TOTAL PART 6 118 000

Professional and Industrial Studies


EXAMPLE OF A BOQ FOR CONSTRUCTION OF A DAM PART 7: SUMMARY

PART DESCRIPTION AMOUNT ($)

1 Preliminary & General Items 300 000

2 Excavations 244 500

3 Grouting 71 750

4 Embankments 1 254 000

5 Concrete & Masonry 248 750

6 Miscellaneous & Outlet Works 118 000

SUB-TOTALS 2 237 000

Add 15% Contingencies 335 550

TOTAL COSTS 2 572 550

Professional and Industrial Studies Course Work

Level 3 Tumbare 80


Schedule of Rates and Prices

In certain variations from the more usual Contract, the Bill of Quantities is replaced by a Schedule of Rates and Prices.

A Schedule of Rates and Prices is a list similar to a Bill of Quantities but from which quantities have been excluded.

Daywork

Daywork means the method of valuing work on the basis of time spent by the workmen, the materials used and the plant

employed.


81


Daywork Schedule

A Daywork Schedule is a list of items covering the various classes of labour, materials and plant which

may be employed on Daywork, space being

provided for the insertion of price rates against

each item.

The Daywork Schedule may form part of the Bill of Quantities in which case provisional quantities are

inserted by the Engineer and provision is made for

the extension and totalling of the prices.


82


Price Adjustment Schedule

A Price Adjustment Schedule is a separate Schedule in which is set out the basis for any

adjustment in the Contract Price consequent

upon variations in the costs of labour, plant,

materials, etc., for which provision is made

in the Conditions of Contract.


83


Dispute Resolution in Contracts

Conciliation (Ranked 1st)

It is decided on the job by experts between themselves.

This is quick and has very little cost implications and is usually conducted in an amicable environment.

There is no independent arbitrator.

Adjudication (Ranked 2nd)

An adjudicator, who is usually the Engineer, is given all the Contract papers and documents and undertakes to give a decision in writing to

the Employer and the Contractor within 28 days.

Such decision in respect of every matter so referred shall be final and binding upon both parties.

There is no legal backing and any party can appeal after the decision is made.


84


Dispute Resolution in Contracts (Cont)

Mediation (Ranked 3rd)

If the Engineer fails to give a decision as described in Adjudication or if either party is dissatisfied with the Engineers decision, then a Mediator is appointed.

The Mediator is selected by agreement between the parties. Should the parties fail to agree on the selection of the Mediator, then the

President, for the time being of the Zimbabwe Institution of

Engineers, makes the selection.

The Mediator looks at everything, hopefully is an Engineer, and gives a decision within a reasonable period in writing to both parties.

The decision is final and binding to both parties unless and until referred to Arbitration.

There is no time limit for the Mediator to give his/her decision.

No legal representation by either party.


85



Arbitration (Ranked 4th)

If either Employer or Contractor does not accept or is dissatisfied by the decision of the Mediator, either may, within 28 days after the

Mediators decision, request for the matter to be determined by a single Arbitrator to be agreed upon by both parties failure to which

the President, for the time being of the Zimbabwe Institution of

Engineers, makes the selection.

Similar to Mediation but with less technical input but the decision of the Arbitrator is final and binding upon both parties.

The Process is not appealable.

Has to be a registered Arbitrator, not an engineer in most cases, operating under the Arbitration Act.

Time for Arbitrators decision not limited.


86



Litigation (Ranked 5th)

Disputed issues are taken to a court of law and each party has legal representation.

This produces a legal decision, at times bearing no relation to engineering issues.

Is appealable, is heard by a judge, is very expensive and time consuming


87


The Engineer

The term Engineer refers to the person responsible for preparing and co-ordinating

the Drawings, Specifications, Bill of

Quantities and other related Contract

Documents.


88


The Tendering Process

Principles:

Most organisations have standing Rules and Regulations on

procurement of Services. Depending on the value of the

procurement, the initial method of the procurement may vary but

the following principles will always apply;

Make use of any competition opportunities that exist to get the best value for your money

Apply good business practices in all respects

Tenders and Tenderers should be treated equally and impartially


90


The Tendering Process (Cont)

Principles Cont..:

Prior to initiating any procurement process, ensure that the resources to be procured are adequately specified as concerns

deadlines for delivery, quantity, quality, technical performance etc.

All parties concerned shall take measures to ensure that the procurement process is not used as a device for the transfer of gifts,

payments or other benefits to public officials and/or procurement

management/staff members with decision making responsibility or

influence.

Tenders and information concerning Tenders shall be regarded as secret until the Contract has been signed or the procurement has

been finalised.

Secrecy shall also apply to information concerning the number of Tenderers who have been invited to tender and the name of those

Tenderers.


91


Methods of Procurement

Open Competitive Tendering (OCT) In this case the Tender is advertised in the electronic and/or print

media and made open to all interested national and international

Tenderers.

Timely advertising and availability of complete and correct Tender documents are fundamental components of OCT.

OCT should provide an equal right to both potential national and international Tenderers.

In order not to jeopardise the integrity of the OCT process, the use of negotiations is generally inconsistent with the OCT process. However,

they may be need when negotiations are necessary in order to secure

an acceptable result.


92


Open Competitive Tendering (OCT) (Cont)

Tenderers should be given adequate time to submit their Tenders, normally not less` than 45 days but under no

circumstance less than 30 days.

If a fee is charged to obtain the Tender documents, such fee should be reasonable and reflect the cost of the production of

the Tender documents and advertising. It should not be too

high as to discourage potential Tenderers.

Tenders should be submitted in writing, by hand or mail in sealed and marked envelopes and deposited usually in a

Tender Box which is kept under lock and key. Usually

emailed/telefaxed/telexed/telegrammed Tenders are not

accepted.


93


Open Competitive Tendering (OCT) (Cont....) All Tenders should be opened in public, on the day and time

stipulated in the Tender documents.

On opening the Tenders, the name of each Tenderer and the total amount of each Tender should be stated out aloud, recorded in

Evaluation Minutes and signed by at least two nominated officials.

The Minutes should also include the names of all those present at the Tender opening.

A Tenderer may be requested to provide clarification and/or additional information in order that the Tender may become

comparable with other Tenders. This should however not be regarded

as entering into negotiations. Such additional information should be

requested in writing and answers given in writing.


94


Limited Competitive Tendering (LCT)

Limited Competitive Tendering (LCT) corresponds in all

essentials to Open Competitive Tendering (OCT) with the

exception of open advertising. LCT is suitable in the following

cases;

Where there are only a limited and recognised number of potential national and/or international Tenderers

Where, in the interest of ensuring quality and performance, it is desirable to confine tendering to a preselected list of

reputable Tenderers

When in the case of an emergency, considerable time can be saved by a direct approach to a limited number of suppliers

When OCT costs are disproportionately high and are not expected to contribute any additional value for money


95


Limited Competitive Tendering (LCT) (Cont) LCT may be restricted to the local market in the following

circumstances;

Where it is not likely that better value for money can be achieved by approaching the international market

When it can be assumed that international Tenderers are not interested

Where availability of a local service network is vital to project implementation and a few, well established competing Tenderers are

in a position to provide satisfactory after-sales service

When the works are more labour than material intensive and extended geographically and over time

Where adequate resources are available locally/regionally at prices which are clearly and significantly below those of the international

market


96


Limited Competitive Tendering (LCT) (Cont)

LCT tendering documents should be distributed in accordance to an established shortlist of potential

Tenderers with good performance records and

references which have been actively identified and

registered.

The number of Tenderers should be broad enough, at least 5, to ensure sufficient competition taking

into account the size and nature of the

procurement.


97


Single Source Procurement (SSP) Single Source Procurement is an acceptable method of procurement but

only used under exceptional circumstances such as;

When it is obvious that the resource can be supplied/provided by one known company only, and there exists no reasonable substitute

When services cannot be obtained by means of OCT or LCT for reasons of extreme urgency

Where a change of supplier/contractor/consultant would compel the Organisation to accept services not meeting the requirements of

inter-changeability

SSP should not be confused with Direct Purchasing since the latter procurement method is applicable only to small value or emergency

purchases and unforeseen needs.


98


Direct Purchasing (DP)

Direct Purchasing (DP) is also referred to as Informal Purchasing.

DP is used when procuring goods and services of small value and which are usually routine in nature like office stationary,

office cleansing materials etc.

DP may also be used in cases of extreme emergency and/or unforeseen needs and there is not enough time to use any of

the formal competitive procurement methods.

At least 3 quotations from local suppliers should be obtained and compared for ex-purchase audit purposes.


99


Tender Evaluation The criteria for evaluation of Tenders should be stated in the Invitation to Tender. Comparison of Tenders must take into account all factors likely to influence the performance/implementation/delivery of the services. Such factors include;

The quality and reliability of the proposed technical solution

Various alternative methods of performing the services

The previous experience of the Tenderer with regard to work of a similar nature

The staff, equipment and other relevant resources that have been proposed to carry out the services

The proposed cost for carrying out the services


100


Tender Evaluation (Cont)

Green Procurement means that resources which are harmful to human health and/or the natural environment and cause excessive resource consumption and waste production are to be avoided and replaced by resources producing less damaging effects and results.

For Green Procurements, that is for projects which have been assessed as environmentally sensitive, such sensitivities should be included in specifications of the Tender and of the environmental evaluation criteria.


101


Tender Evaluation (Cont) For Consultancy Services, the Tenders are usually evaluated

against the Terms of Reference (TOR) submitted to Tenderers by the prospective Employer or Client. The TOR describe what the Consultant or Service Provider is required to do and how the services are to be performed. A typical outline of a TOR contains;

Objective Scope and purpose

Work Plan

Technical approach and methodology

Time Schedule

Organisation Consultants work organisation, including back-stopping staff

Staffing schedule including specific individuals to key posts

Employers obligations

Required output Reports and documents etc.



Tender Evaluation (Cont)

For Civil and other similar works, the priced Bill of Quantities is generally

used although the competence of the Contractor in all respects is also of

paramount importance. The Contract should be awarded to the Tenderer

who makes the most economically and advantageous Tender with regard to

the following suggested Evaluation Criteria.

The Evaluation Criteria is usually split into two components; the Technical Evaluation and the Financial Evaluation.

For Consultancy services, the Technical Value of the Tender is usually assigned between 70% and 80% of the weighted score whilst the

Financial Value of the Tender is allocated the remaining percentage out

of 100.

For Civil or other similar works, the opposite is true with the Financial Value of the Tender being accorded between 70% and 80% of the

weighted score whilst the Technical Value of the Tender is allocated the

remaining percentage out of 100.

Tenders will then be ranked according to their combined weighted Technical and Financial Evaluation scores.


103


Award of Tender

Award of Tender should be made within the period of validity of the Tenders to the winning Tenderer who scored the

highest combined weighted Technical and Financial score.

This is usually done through a Tender Award Letter written by the Employer followed by the signing of a Contract between

the parties.

The right to reject any or all the Tenders shall only be utilised when it is obvious that prices are too high, Tenders are

deemed unfavourable in other respects or the purpose of the

tendering is not likely to be achieved even after negotiations.


104


Negotiations

Under normal circumstances, negotiated procurement should not be entered into under

formal tendering (OCT, LCT) procedures.

However, there are circumstances where this basic principle must be ignored in order that a

commercially acceptable Contract may be

concluded.

Negotiations are normally required after receipt and evaluation of Tenders according to OCT or LCT

procedures.


105


Negotiations (Cont)

Negotiated procurement in connection with formal tendering procedures may

be used under the following circumstances:

When it is extremely difficult to draft complete, clear and neutral Tender documents

If competition is deemed to be insufficient or non-existent (single source procurement)

If the results of a formal tendering procedure is unsatisfactory with regard to the number of Tenders received or in cases where all Tenders are

deemed to be unsatisfactory in respect of price and/or other conditions

When an existing Contract for goods and services awarded in accordance with competitive procedures is extended for goods of a similar nature

When standardisation of goods may justify additional purchases from the original supplier

If, in exceptional cases, early delivery is necessary in order to avoid costly disruptions and/or delays


106


The Law

What is the Law?

The law is the body of rules which a state or community recognizes as binding on its subjects or members and which

determines those persons rights or duties or the body of rules which a state or community recognizes as binding on its

subjects or members and which determine those persons rights or duties.

What is the object of the Law?

The law has two great objectives; to preserve order and to do justice.


107


The Law (Cont)

Types of legal systems

Engineers will usually encounter during their practice

world-wide;

Common law,

Romano-Germanic/Roman Dutch law,

Islamic law or Socialistic law


108

Roman Goddess of Law, Justitia



The Law (Cont)

Principles of the Law as depicted by the Roman Goddess of Law,

Justitia

The sword represents the power to use force if necessary. The mere sight of the upheld sword is enough to deter many. The

sword is held high so all may see it.

The scales are to weigh the rights and duties of each person involved. The aim is to achieve and maintain a balance. The

balance is between individuals, but also between an individual

and the state. Without this balance the fabric of the community

is endangered.

Justice must be administered without prejudice, as all are equal in the eyes of the law. The blindfold ensures that differences of

colour, wealth, power, race, class and creed do not matter.


110

111

END OF PART A, SECTION 1 LECTURES